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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A91355	Severall poysonous and sedicious papers of Mr. David Jenkins ansvvered. By H.P. barrester of Lincolnes Inne.	Parker, Henry, 1604-1652.; Jenkins, David, 1582-1663. Vindication of Judge Jenkins prisoner in the Tower, the 29. of Aprill, 1647.; Jenkins, David, 1582-1663. Cordiall of Judge Jenkins, for the good people of London.	1647 (1647)	Wing P422; Thomason E393_8; ESTC R201592	17,775	23

Great Seale of England not by word of mouth letters or ministers onely their Seale is obeyed their own Writs their own Iudges their owne Courts their own Officers and not the Kings The time will come when such strange actions and discourses will be lamented A. D. 5. The Gentl. goes on Stanfor Pleas. 99. 27. H. 8. c. 24. Dier 163. Wee take not from the King all power of pardoning Delinquents we only say it is not proper to him quarto modo c. What doe you meane by quarto modo I am sure Omnis Rex Angliae solus Rex semper Rex can doe it and none else read the bookes of the Law to this purpose collected by that Reverend and learned Iudge Stanford from all antiquity to his time who dyed in the last yeare of King Philip and Queene Maries Reigne you shall find this a truth undenyable and this power was never questioned in any age in any book by any untill this time that every thing is put to the question You Gentlemen who professe the Law and maintaine the party against the King return at length and bring not so much scandall upon the Law which preserves all by publishing such incredible things We hold only what the Law holds 1 Pars. Instit p. 44. Plowd 3. Eliz. 236 237. the Kings Prerogative and the Subjects Liberty are determined and bounded and measured by the written Law what they are we do not hold the King to have any more power neither doth His Majesty claime any other but what the Law gives him the two Houses by the Law of this Land have no colour of power either to make Delinquents or pardon Delinquents the King contradicting and the Army under Sir Thomas Fairfax howbeit but Souldiers do now understand that to be Law and doe now evidently see and assuredly know that it is not an Ordinance of the two Houses but an act of Parliament made by the King Lords and Commons that will secure them and let this Army remember their executed fellow Souldiers And the Law was alwayes so taken by all men untill these troubles that have begot Monsters of Opinions A. D. 6. The Gentl. sayes The Parliament hath declared the King to be in no condition to Governe c. There is no end of your distinctions I and you profess the Law shew me Law for your distinctions or letter syllable or line in any age in the Bookes of the Law that the King may in one time be in no condition to govern and yet have the habit of governing and another time he may viz. when the two Houses will suffer him the Law saith thus Vbi lex non distinguit non est distinguendum Hee sayes The King is not barred from returning to His Parliament as he calls the two Houses he knowes the contray the whole City knowes the contrary No● juris consulti sumus sacerdotes as Justinian the Emperour hath it in the first Book of his Institutions and therefore knowledge and truth should come from our lips Worthy and ingenious men will remember and reflect upon that passage of that good and wise man Seneca Non quaitur sed qua eundum follow not the rayes of the Lawyers of the House of Commons God forgive them I am sure the King will if they be wise and seeke it in time A D. 7. The Gentl. sayes We sweare that the King is our supreame Governor over all persons and in all causes c. Why hath he left out the word only for the oath the Members now take is that KING Charles is now the only and supreme Governour in all causes 5 Eliz. c. 1. Cawdreys case 5 pars fol. 1. over all persons and yet they keep their only Supreme Governour now in prison and act now in Parliament by vertue of their Prisoners Writ and by a concurrent power in this Parliament and by their own strict right and property as the Gentl. affirmes in his answer these things agree well with their Oath This Oath is allowed by the Common Law of the Land that the King is the only Supreme Governour in all causes over all persons this Oath is taken now in the Parliament time by all the Members of the House of Commons and is required by the Law to bee taken in all Parliaments otherwise they have no power nor colour to meddle with the publike affaires This Oath being taken in Parliament that the King is the only and Supreme Governour in all causes then it followes in Parliament causes ever all persons then over the two Houses let them keep this Oath and we shall bee sure of peace in the Land and good Lawyers ought to desire peace both for the publike good and their private and not dishonour that Noble profession as many doe in this miserable time The Gent. sayes We do not sweare that the King is above all Law nor above the safety of his people neither doe we so sweare but His Majesty and we will sweare the contrary and have sworne and have made good and will by Gods grace make good our Oath to the world that the King is not above the Law nor above the safety of his people the Law and the safety of his people are his safety his honour and his strength A D. 8. The Gentl. concludes That Acts of Parliament are not formally binding nor compleat without the Kings assent yet the Houses have a virtuall power without the Kings particular assent to doe things in order to publike Justice and safety viz. In setting up the Excise in raising and maintaining of Armies in taxing the people at pleawith fifth and twentieth part fifty Subsidies Sequestrations Lo●nes Compositions imprisoning the King abolishing the Common-Prayer-Book selling the Churches Lands c. all these are in order to publike Iustice and safety Mr. H. P. you are of my profession I beseech you for the good of your Country for the Honour of our Science perswade your selfe and others as much as in you lyes to believe and follow the monition and Councell of that memorable reverend and profoundly Learned in the Lawes and Customs of the Land the Lord Coke who writes as becomes a great and a learned Iudge of the Law a person much magnified by the two Houses in these words Peruse over all Bookes 3 Pars Inst p. 36. Records and Histories and you shall finde a Principle in Law a Rule in Reason and a tryall in Experience that Treason doth ever perduce fatall and finall destruction to the offender and never attaines to the desired end two incidents inseperable thereunto and therefore let all men abandon it as the poysonous bait of the devill and follow the Precept in holy Scripture SERVE GOD HONOVR THE KING AND HAVE NO COMPANY WITH THE SEDITIOVS CONCLUSION I Say againe that without an Act of Oblivion a Gracious generall pardon from his Majesty the Arreares of the Souldiers payd a favourable regard had to tender Consciences there will bee neither Truth nor Peace in this Land nor any man secure of any thing he hath The End

what purpose serve the Laws of other Countreys for by this generall donation all Nations are condemned to all servitude as well as we If the Law of this Land be appealed to what Books has Mr. Jenkins read where has he found out that Lex Regia whereby the people of England have given away from themselves all right in themselves Some of our books tell us that we are more free then the French that the King cannot oppresse us in our persons or estates by imprisonment denying justice or laying taxes without our consents other books tell us that the safety of the people is the supreame law and that the King has both God and the Law for his Superior But all this is nothing to learned Mr. Jenkins 8. We admit that no Acts of Parliament are compleat or formally binding without the Kings assent yet this is still to be denyed that therefore without this assent particularly exprest the two Houses can do nothing nor have any virtuall power at all no not to examine Mr. Jenkins nor to do any other thing of like nature though in order to publick justice and safetie I have done and wish Mr. Jenkins would call in and lick up again his black infamous execrable reproaches so filthily vomited out against the Parliament The Reply of Judge Jenkins to Mr. H. P. AFter the said Mr. H. P. hath made a recitall of the Heads of my Vindication he deduceth his Answer unto eight Particulars To the first I Was examined by a Committee appointed by the House of Commons I say and said that the House of Commons have no power to examine me for that it is no Court every Court hath power to examine upon Oath this power the House of Commons never claimed 5 H 4 c. 3. The Court of Pie-Powders Court-Baron Hundred Court 3 H 6. 46. County Court and every other Court of Record or not of Record 19 H 6. 43. hath power to examine upon oath and an examination without Oath 35 H. 6. 5. is a communication onely examination in Law is upon oath There is no Court without a power of triall Sir Anthony Maynes case Cook 5. pars Reports Lit. 2. lib. Sect. 194. 6 H. 4. 1. the House of Commons hath no power to try any offence nor ever practised it by Bill Inditement Information Plaint or Originall to deduce it to triall nor to try it by Verdict Demurrer or Examination of witnesses upon Oath without which there can be no condemnation or judgement and that which can attain to no reasonable end the Law rejects as a thing inutile and uselesse Sapiens incipit à fine The Writ whereby they are called gives them power Ad faciendum consentiendum 4 pars Instit fol 4. 9. to what to such things Quae ibidem de communi Consilio ordinari contigerint viz. in the Parliament This makes nothing at all for a Court for the House of Commons that consilium which that Writ intends is cleared partly by the Writ for choosing Knights c. For the King by that Writ is said to resolve to consult and treat with the Prelates and Peers of the Kingdom for and touching the great concernments of the Common-wealth for the King never fits in the House of Commons and this also is made evident by the Writs to the Prelates Peers Judges and to his Councell at Law the words in their Writs are To appear and attend the Parliament Consilium impensure the one doth consulere the other facere consentire The House of Lords 7 H 6. 28. where the King fits in person assisted by his Lords 1 H 7. 20. Judges Serjeants Atturney Sollicitor Masters of the Chancery 14 E. 3. ca 5. is a Court of Record to many purposes set down in the books of the Law 1 Pa●s Instit pa. 21. and the Statutes of the Land and that Courts is onely in the House of Lords where the King sits A Court must either be by the Kings Patent Statute Law or by the Common Law Plowd Com. 319. which is common and con●●ant usage the House of Commons hath no Patent to be a Court nor S●●tute Law to be a Court nor common usage they have no 〈◊〉 Book but since E. 6. time was there ever Fine by the House of Commons e●treated into the Excheque● For murther o● Felony they can imprison no man much ●esse for Treason the House which cannot do the lesse cannot do the greater I● is ordained 25 E 3 c 4. that no man shall be imprisoned or put out of his Franchise by the King or his Councell 3 Car Petition of Right but upon Indictment or presentment of his good and lawfull Neighbours where the deed is done or by originall Writ at the Common Law and so is Lex terrae the Law of the Land mentioned is Magna Charta cap. 29 expounded and the said Magna Charta and Charta 〈…〉 are declared by the Statute of 25 E 1. 〈◊〉 to be the Common Law of the Land All Judges and Commissioners are to proceed Secundum legem consuetudinem Regni Angliae as appears by all proceedings in all Courts and by all Commissions and therefore the House of Commons by themselves proceeding not by Indictment Presentment 〈◊〉 Originall Writ have no power to imprison men or to put them out of their Franchi●e This no way trenches upon the Parliament 4 pars Instit pag 1 for it is in Law no Parliament withou● King and both Houses 3 Pars. Instit p. 3. I have onely in my Paper de●ivered to Mr. Corbet applyed my self to that Committee 12 H 7. 20. Prince case that they had no power to examine me but I never thought said or wrote that the Parliament had no power to examine me 8 Pars Cook 1 Pars 〈◊〉 p ●59 the Law and custome of this Land is that a Parliament hath power over my life liberty lands and goods and over every other Subject 1 H 8 3 but the House of Commons of it self hath no such power Dier 38 H 8 60 For the Lord Cooks relation that the House of Commons have imposed 〈◊〉 1 P●●s Instit p 19 ● and imprisoned men in Queen E●●z●●ths time and since Few facts of late time never 〈…〉 power nor Court 4 〈◊〉 ●●stit ca. Parl. à 〈…〉 is no good 〈◊〉 for the words of the Statute of 6 H 8 c. 16 that a ●icence to dep●●t from the House or Commons for any Member thereof is to be entred of Record in the Book or the Clark of the Parliament appointed or to be appointed for that House doth not conclude that the House of Commons is a Court of Record For first that Law of 6. H. 8. c. 26. handles no such question as that whether the House of Commons be a Court it is a maxime in all Laws Lex aliud tractans nil probat the word Record there mentioned is onely