Here the supreame power in the time of Parliament by both Houses is declared to belong to the King At the beginning of every Parliament all Armes are or ought to be forbidden to be borne in London Westminster 7 Ed. 2. 4 pars instit 14. or the Suburbs This condemnes the multitudes coming to Westminster and the Guards of armed men All who held by Knights service 1 Ed 2. de Militibus and had twenty pounds per annum were distraynable ad Arma militaria suscipienda This agrees with the Records of ancient time continued constantly in all Kings times but at this Parliament 3. November 1640. The King out of his Grace discharged this duty which proves that the power of warre and preparation thereto belongs not to the two houses but only to the King The two Spencers in Ed. 2. time hatched to cover their Treason this damnable and damned opinion viz. Ed. 3. Calvins Case Cook l. 7. fol. 11 That Ligeance was more by reason of the Kings politique capacity then of his person upon which they inferred these execrable and detestable consequences First if the King demeaned not himselfe by reason in the right of his Crowne his Lieges are bound by Oath to remove him Secondly seeing the King could not be removed by suite of Lawe it was to be done by force Thirdly that his Lieges be bound to governe in default of him All which tenets were condemned by two Parliaments the one called exilium Hugenis in Ed. 2. time the other by 1. Ed. 3. cap. 2. All which Articles against the Spencers are confirmed by this last Statute the Articles are extant in the booke called vetera Statuta The separation of the Kings person from his power is the principall Article condemned and yet all these three damnable detestable and execrable consequents are the grounds whereupon this present time relies and the principles whereupon the two Houses found their Cause The Vâ—lleine of a Lord in the presence of the King cannot be seized Plowdon Com. 322. 27. ass pl. 49. for the presence of the King is a protection for that time to him This shewes what reverence the Lawe gives to the person of a King Reges 33 Ed. 3. ayde de Roy. 103. Fitz. sacro oleo uncti sunt capaces spiritualis jurisdictionis But the two Houses were never held capable of that power Rex est persona mixta cum sacerdote 10 H. 7.16 habet Ecclesiasticam spititualem jurisdictionem This shewes the Kings power in Ecclesiasticall Causes The Lands of the King are called in Law Com. Sur. Littl. Sect. 4. patrimonium sacrum The Houses should not have medled with that sacred Patrimony The King hath no Peere in his Land 3 Ed. 3.19 and cannot be judged ergo The two Houses are not above him The Parliament of 15. Ed. 3. was repealed for that it was against the Kings Lawes and Prerogative 4. pars instit fol. 52. This shewes cleerely the Propositions sent to Newcastle ought not to have beene presented to his Majesty for that they are contrary to the Lawes and his Prerogative The Lords and Commons cannot assent in Parliament to any thing that tends to the disinherison of the King and his Crowne 4 pars Cookes instit fol. 14.42 E 3. Parliament Roll num 7 Lex consuetudo Parliamenti to which they are sworne This condemnes the said Propositions likewise To depose the King to imprison him untill he assent to certaine demands A warre to alter the Religion established by Lawe or any other Lawe or to remove Councellors 25 Ed 3. cap. 2 to hold a Castle or Fort against the King are offences against that Lawe declared to be Treason by the resolutions herein after mentioned by that Law men are bound to ayd the King when warre is levied against him in his Realme King in this Statute must be intended in his naturall body and person that only can die for to compasse his death and declare it by overt Act is declared there by Treason To incounter in fight such as come to ayde the King in his warres is Treason Compassing of the Queenes death of the Kings eldest sonne to coyne his money to counterfet his Great-Seale to levie warre against him to adhere to such as shall so do are declared by that Act to be high Treason This Statute cannot referre to the King in his politique capacitie but to his naturall which is inseparable from the politique for a body politique can have neither wise nor childe nor levy warre 21 Ed. 4 14. nor doe any act but by the operation of the naturall body A Corporation or body politique hath no soule or life but is a fiction of the Lawe and the Statute meant not fictitious persons but the body naturall conjoyned with the publique which are inseparable The clause in that Act R. 2. 11 anno cap. 13 4 pars instit fol. 42 that no man should sue for grace or pardon for any offence condemned or forfeiture given by that Act was repealed by a subsâ—quent Act in 21. R. 2 holden unreasonable without example and against the Law and custome of the Parliament This condemnes the proposition for disabling the King to Pardon 4. pars instit fol. 42. The Act of 11. R. 2. so much urged by the other side was an Act to the which the King consented and so a perfect Act yet Note the Army then about the Town Note that that Law is against private persons and by the 3. cap. thereof the Treasons there declared are declared to be new Treasons made by that Act and not to be drawne to example it was abrogated 21. R. 2. and revived by an usurper 1. H. 4. to please the people and by the tenth chap. thereof enacts that nothing shall bee Treason but what is declared by 25. Ed. 3 16 R 2 cap 5. The Regality of the Crowne of England is immediatly subject to God and to none other Plaine words H. 4 shewing where the supreme power is The Commission of Array is in force and no other Commission Rot. Parlm 5. H. 4. numb 24. an Act not printed this Act was repealed by 4 5. P. M. cap. 2. this repealed by the Act of 1. Jacobi and so it is of force at this day for the repealing Statute is repealed 4. pars institn fol. 51. 125. published sit hence this Parliament by the desire of the house of Commons their Order is printed in the last leafe of the Commentaries upon Magna Charta Syr Edward Cooke by their party is holden for the Oracle of the Law A booke alowed by Syr Nat Brent called the reason of the war fol 95 who wrote the said fourth part in a calme and quiet time and I may say when there was no neede to defend the authority of the Commission of Array For that objection That that Commission leaves power to the Commissioners to taxe men secundum
have our warrant by the said statute of the twenty fifth of Edward the third Chapter the second and divers others since and the practise of all times Sevenethly We mintayne that the King is the only supreme governer in all causâ—s They that his Majestie is to be governed by them Our warrant is the statutes of the first of Q. Eliza. Chapter the first and the fifth of Q. Elizabeth Chapter the first Eighthly We maintayne that the King is King by an inhaerent birth-right by nature by gods law and by the law of the land 9 Ed. 4. sol 4. They say his Kingly right is an office upon trust Our warrant is the statute of the first of king James Chapter the first And the resolution of all the Judges of England in Calvins case Nynthly We maintain that the politique capacity is not to be severed from the natural They hold the contrary Our warrant is two statutes viz. Exilium Hugonis in Edward the seconds time and the first of Edward the third Chapter the second and their Oracle who hath published it to posterity that it is damnable detestable and execrable treason Calvins Case pars 7. sol 11. Tenthly We maintaine that who aydes the King at home or abroade ought not to be molested or questioned for the same They hold and practise the contrary Our warrant is the statute of the eleventh of Henry the seventh Chapter the first Eleventhly We maintayne that the King hath power to disassent to any Bill agreed by the two houses which they deny Our warrant is the statute of the second of Henry the fift and the practise of all times the first of King Charles Chapter the seventh the first of King James Chapter the first Twefthly We maintayne that Parliaments ought to be holden in a grave and peaceable manner without tumults They allowed multitudes of the meaner sort of people to come to Westminster to cry for Justice when they could not have their will Coll. of Ord. fol. 31. and keepe guards of armed men to waite upon them Our warrant is the statute of the seventh of Edward the second and their Oracle Thirteenthly We maintaine that there is no state within this kingdome but the Kings Majesty and that to adhaere to any other state within this kingdome is high Treason Our warrant is the statute of the thrid of King James Chapter the fourth and the twentie third of Q. Eliza. Chapter the first Fourteenthly We maintayne that to leavy a warre to remove Councellours to alter Religion or any Law established is high treason They hold the contrary Our warrant is the resolutions of all the Judges of England in Quene Elizabeths time and their Orracle agrees with the same Fiftteenthly We maintaine that no men should be imprisoned put out of his lands but by due course of Law and that no man ought to be adjudged to death but by the law established the customes of the Realm or by Act of Parliament Thâ—y practise the contrary in London Bristoll Kent c. Our warrant is Magna Charta Chapter the twenty ninth the Petition of right the third of King Charles and divers lawes there mentioned We of the Kings party did and do detest Monopolies and ship money and all the grievances of the people as much as any men living we do well know that our estates lives and fourtunes are preserved by the lawes and that the King is bound by his lawes we love Parliaments If the Kings Judges counsell or ministers have done a misse they had from the third of November 1640 to the tenth of January 1641 time to punish them being all left to Justice Where is the Kings fault The Law saith the King can do no wrong that he is medicus regni pater patriae spousus regni 11 pars Cookes Reports Magdalen Colledge Case qui per anulum is espoused to his Realme at his Coronation the King is Gods Lieutenant and is not able to doe an unjust thing These are the words of the law One great matter is pretended that the people are not sure to enjoy the acts passed this Parliament A succeeding Parliament may repeale them The objection is very weake a Parliament succeeding to that may repeale that repealing Parliament That feare is endlesse and remedilesse for it is the essence of Parliaments being compleate and as they ought to be of head and all the members to have power over Parliaments before Parliaments are as the time are if a turbulent faction prevailes the Parliaments are wicked as appeares by the examples recited before of extreame wicked Parliaments if the times be sober and modest prudent and not byassed The Parliaments are right good and honorable and they are good Medicines and salves but in this Parliament excessit medicina modum In this cause and warre betweene the Kings Majesty and the two houses at Westminster what guide had the subjects of the land to direct them but the Lawes What meanes could they use to discerne what to follow what to avoide but the Lawes The King declares it Treason to adhere to the Houses in this warre The Houses declare it Treason to adhere to the King in this Warre The Subjects for a great and considerable part of them treason being such a crime as forfets life and estate and also renders a mans posterity base beggerly and infamons looke upon the Lawes and finde the lettr of the law requires them to assist the King as before is manifested was ever subject criminally punisht in any age or nation for his pursuit of what the letter of the Law commands The Subjects of the kingdome finde the distinction and interpretation now put upon the Lawes of Abstractum Concretum Power and Person body politique and naturall Personall presence and virtuall to have beene condemned by the law And so the Kings party hath both the letter of the law and the interpretation of the letter cleared to their judgments whereby they might evidently perceive what side to adbaere to what satisfaction could modest peaceable and loyall men more defire A verbo legis in criminibus poenis non est recedendum hath beene an approved maxime of law in all ages and times If the King be King and remain in his Kingly office as they call it then all the said lawes are against them without colour Coll of Ordinances 777. they say the said lawes relate to him in his office they cannot say otherwise Commissions and pardon in the Kings name and the person of the King and his body politique cannot nor ought to be severed as hath beene before declared 5 Eliz. cap. 1. 1 Eliz. cap. 1. And the members of both houses have sworn constantly in this Parliament that the King is the only supreme Governour in all causes over all persons at this present time For that of verball or personall commands of the King which is objected We affirme few things to be subject thereto by the law But his Majesties
nos statum defensionem Regni nri Angl. Ecclesiae Anglicanae concernentibus quoddam Parliamentum nrum apud B. teneri ordinavimus ibid. cum Praelatis magnatibus proceribus dicti Regni nri Colloquium habere tractatum ipsi vicecomiti preâ—ipimus firmiter injungendo quod facta Pro clamatione in proximo Comitatu tuo post recepsionem ejusd brevis duos Milites gladiis â—inctos c. eligi facias ad faciendum consentiendum hiis quae tunâ— ibidem de Communi Concilio nro Angliae faventi Deo contigerit ordinari super negotiis antedictis ita quod pro defectu potestatis hujusmodi sen propter improvidam electionem Milium Civium Burgensium pred dicta negotia nra infecta non remanerent The King is Principium Caput finis Parliamenti 4 pars instit fol. 3 4. the body makes not the head nor that which is posterior that which is prior Concilium non est Preceptum Conciliarij non sunt Praeceptores for Councell to compell a consent hath not beene heard of to this time in any age and the house of Commons by the Writt are not called ad Concilium the Writts to the twelve Judges Kings Councell twelve Masters of the Chancery are Concilium impensuri and so of the Peeres The Writts for the Cominalty Ad faciendum consentiendum Which shewes what power the representative body hath they have not power to give an oath neither doe they claime it The King at all times when there is no Parliament The Oath of the Justices 18 of Ed. 3. among Statutes of that yeere in Parliament is assisted with the advice of the Judges of the Lawe twelve to uumber for England at least hath two Sergeants when fewest an Attorney and Sollicitor twelve Masters of the Chancery his Councell of State consisting of some great Prelates and other great Personages versed in State affaires when they are fewest to the number of twelve All these persons are alwaies of great substance which is not preserved but by the keeping of the Lawe The Prelates versed in divine Lawe the other Grandees in affaires of State and managery of Government The Judges Kings Sergeants Attorney Sollicitor and Masters of the Chancery versed in the Lawe and Customes of the Realme All sworne to serve the King and his people justly and truly the King is also sworne to observe the Lawes and the Judges have in their Oath a clause That they shall doe common right to all the Kings people according to the established Lawes notwithstanding any command of the King to the contrary under the Great Seale or otherwise The people are safe by the Lawes in force without any new The Lawe finding the King of this Realme assisted with so many great men of Conscience Honour and skill in the rule of Common-wealth knowledge of the Lawes and bound by the high and holy bond of an Oath upon the Evangelists settles among other powers upon the King a power to refuse any Bill agreed upon by both Houses and power to pardon all offences to passe any Graunts in his Minoritie there are many great persons living hold many a thousand pound a yeere by Patents from Edward the sixth passed when hee was but ten yeeres of age not to bee bound to any Lawe to his prejudice whereby he doth not binde himselfe power of warre and peace coyning of Money making all Officers c. The Lawe for the reasons aforesaid hath approved these powers to be unquestionable in the King and all kings have enjoyed them till 3. Nov. 1640. It will bee said notwithstanding all this sence about the Lawes the Lawes have beene violated and therefore the said powers must not hold the two Houses will remedy this The answere to this is evident There is no time past nor time present nor will there bee time to come so long as men mannage the Lawe but the Lawes will bee broken more or lesse as appeares by the story of every age All the pretended violations of this time were remedied by Acts to which the King consented before his departure 10. Jan. 1641 being then driven away by Tumults And the Houses for a yeere and almost three Moneths From 3. Nov. 1640. to 10 Jan. 1641. as aforesaid being a yeere and almost three moneths had time and liberty to question all those persons who were eyther causes or instruments of the violation of any of the Lawes Examine how both Houses remedied them in former times First touching Religion What hath beene done this way Both Houses in Henry the eights time tendred to him a Bill to bee passed called commonly the Bill of the six Articles this was conceived by them to bee a just and a necessary Bill had not Henry the eighth done well to have refused the passing of this bill both houses tendred a bill to him to take the reading of the Scriptures from most of the laity had not King Henry the eight deserved much prayse to reject this bill In Queene Maryes time both houses exhibited a bill to her to introduce the Popes power and the Roman religion had not Queeene Mary don well to have refused this bill Many such instances may be given The two Houses now at Westminstar I am sure will not deny but the refusall of such bills had beene just the King being assisted as aforesaid and why not so in these times For the Civill Govrnment what a Bill did both houses present to Richard the third to make good his title to the Crowne had it not beene great honour to him to have rejected it what bills were exhibited to Henry the eighth by both houses for bastardizing of his daughter Elizabeth a Queene of renowned memory to settle the Crowne of this Relme for default of issue of his body upon such persons as he should declare by his letters Patents or his last will and many more of the like had not this refusall of passing such bills magnified his vertue and rendred him to posterity in a different Character form what he now hath And by the experience of all times and the consideration of human frailty this conclusion is manifestly deduced that it is not possible to keepe men at all times be they the houses or the King and his councell but there will be sometimes some deviation from the lawes and therefore the constant and certain powers fixed by the ancient law must not be made voide and the Kings Ministersâ— the Laws do punish where the Law is transgressed and they only ought to suffer for the same In this Parliament the houses exhibited a bill to take away the suffrages of the Bishops in the upper house of Parliament and have sithence agreed there shall be no more Bishops at all might not the King if he had so pleased have answered this bill with Le Roy s'avisera or ne veult it was against Magna Charta Articuli Cleri and many other acts of Parliament And