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A82212 A declaration of the povver of the Lords and Commons assembled in Parliament clearing their authority to judge delinquents for high-treason, and other high misdemeanors. With a full ansvver to all Judge Jenkins his arguments. 1648 (1648) Wing D738; Thomason E429_6; ESTC R204222 4,822 8

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A DECLARATION OF THE POVVER OF THE LORDS and COMMONS Assembled in PARLIAMENT Clearing Their Authority to Judge Delinquents for High-Treason and other high MISDEMEANORS WITH A Full ANSVVER to all Judge Jenkins his Arguments Printed at London by Robert Ibbitson in Smithfield neere the Queens-head Tavern 1648. Feb. 26 Imprimatur Gilb. Mabbot IF in the computation of all times we have had a Parliament unquestionable in substance in forme in all necessary adjuncts and now even now when eclipsed Justice like the Sun imprisoned under a cloud breaks forth with lustre be concluded in defect of Judicature I say the stars have had malignant aspects in this our Horizon Anima est tota in toto tota in qualibet parte Judicature in the Soule of this great compacted body and enjoyes that diffusive property The power of Judicature must be founded upon a preparatory Impeachment and this prepatory Impeachment must be framed by the Commons House who must justifie themselves not guilty of the title of fooles by the Wiseman to lay a foundation and never consider by what means the structure is to be finished nay excuse themselves from that generall remonstrance of a generall Grievance Extrajudiciall Proceedings The Lords are Peers of the Realme the Commons are an House of the Parliament the health of these will much advantage the preservation of the whole Compound nay on the contrary the Gout is as mortall and dolorous as the Head-ache Beside their commenced proceeding against the parties impeached of high Treason though seasoned with much moderation and temper are of rige age and blush to be kept in long coats which are now suspended by which mis-interpreted rumor of our Jurisdiction drawn into question the Commons of this Kingdome openly proclaime That to be excessive vicious is to be secure and that facts of Treason are above the cognisance and punishment of the Acts of Reason and the Lawes and Statutes of this Kingdome Survey this High Court of Parliament Parliament did I say From what radix Parler le mens the speech of the mind This must be attended with judgement and reason but I thinke we speak with none of these if we cannot maintaine our Jurisdiction This is its Etymologie which is warranted by the best Antiquary of his time Vetusto nomine e Gallia mutato Parliamentum dicitur This High Court hath not been confined to this individuall appellation but hath been christned by severall god-fathers Majores nostri Anglo-Saxones intituled it Prudentum Conventus Concilium Magnus Conventus Succeeding Historiographers Commune Concillum Curta Altissima Generale Placitum Curia magna Magnatum Conventus Commune totius regni Concilium Praesentia Regis Praelatorum Procerumque collectorum But certainly if they intended these flourishing titles to a Parliament without Judicature they spoke of their riding to Parliament not sitting in it An unhappy Parliament like the City Myndas whose gates were so wide that the City might run out of them To allow these to be synonyma's of Parliament and to disallow Judicature were but heathen-like to confesse the Jews to bee the people of God and yet fight against them Neither are these up-started Titles or new-bought Coates of Armes that this High Court blazons No they are venerable for their Antiquity and of most ancient birth and extraction Mulmuccius of some called Donwallo did write two books of the Brittains the one called Statata Municipalia the other Leges Judiciariae for so the same do signifie in the Brittish tongue wherein he wrote the same which is as much to say as the Statute Law and Common Law which books were written 441. years before the Incarnation of Christ and how should there be Statute Laws without a Parliament King Alfred ordained for a perpetuall usage That twice in the yeare or oftner if need be they should assemble themselves at London to treat in Parliament of the government of the people of God how they should keep themselves from sin should live in quiet and receive right by holy Laws and Judgements In the Heptarchy Parliaments had their continuance witnesse the stile of Parliaments in the time of Ina King of the West-Saxons Ego Ina Dei gratia c. Congregatione servorum Die sollicitus de salute animarum vestrarum statu regni mei constitui rectum conjugium justa judicia pro stabilitate confirmatione populi mei benigna sedulitate celebrari nullo Aldermano vel alicui de toto regimine nostro liceat conscripta abolere judicia So did Offa King of the Mercians and Ethelbert King of Kent In the reigne of King Athelston his Acts of Parliament are stiled thus Haec sunt judicia Exonae quae sapienies Concilio Ethelstani Regis instituerunt iterum apud Frefresham tertia vice apud ubi haec definita simul confirmata sunt Here I finde a Parliament summoned Concilio Regis prorogued in those words Iterum tertia vice the Royall assent in the words Confirmata sunt the dissolution Definita sunt King Edgar tells us they are Instituta quae Edgardus Rex concilio sapientum c. King Etheldred Hoc est Concilium quod Etheldredus Rex omnes supien tes c. King Edmond calls it Conventus Sapientum Spiritualium Temporalium The Parliament of King Canutus at Winchefler bore this title Haec sunt statuta Canuti Regis Anglorum Danorum Norvegarum venerando ejus sapientum concilio ad laudem glorian Dei sui regalitatem commune commodum babita in sancto natali Domini apud Wintoniam Here we begin to make Land and descry a visible Title to a Parliament being in substance and forme nearly allyed unto the Presidents of these very times and though some will contest this word Parliament bears date but from the third yeare of Edw. 1. yet mee thinks those words in the ninth year of Ed. 2. being the immediate successor to Ed. 1. might convince them viz. Sciatis quod quum dudum temporibus progenitorum nostrorum quondem regum Angliae in diversis Parliamentis suis c. which word Progenitorum had been improper if that name had commenced in his fathers reighne In one word time out of minde this high Court and its Judicature hath flourished before the Conquest in the Conquest notwithstanding that silent leges inter arma and ever since the Conquest untill this present houre Me thinks I appeare as one drawing his Sword transversing his ground lying upon his guard there being neither offence nor opposition You may say What need you waken so many sleepy Records to prove Parliaments have been who is it of so desperate an opinion that offers it in question What David ap Jenkin ap Judge Whosoever they were that instilled this jealousie of Judicature into the peoples thoughts did ipso facto subvert Parliaments and the strong rooted rites thereof Aristotle bids us not to dispute utrum nix sit alba and the like visible and apparent truths but if