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cause_n ecclesiastical_a king_n supremacy_n 2,485 5 10.5338 5 true
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A46779 Severall papers lately vvritten and published by Iudge Ienkins, prisoner in the Tower viz. 1. His vindication. 2. The armies indempnity [sic]: with a declaration, shewing, how every subject ought to be tryed for treasons, felonies, and all other capitall crimes. 3. Lex terræ. 4. A cordiall for the good people of London. 5. A discourse touching the incoveniences of a long continued Parliament. 6. An apologie for the army.; Severall papers lately written and published by Judge Jenkins, prisoner in the Tower. Jenkins, David, 1582-1663. 1647 (1647) Wing J608; ESTC R217036 64,480 98

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the Lawes of the Land and liberties of the Subject to take up Armes against their naturall Liege Lord and Soveraigne the King The People is the Body Mag. Char. c. 1. ultim All the act concerning the King Church and Churchmen 25. E. 1. c. 1. the King is their Head was the Body sufe when the Head was distressed and imprisoned For Lawes and Liberties have not the prevailing pa●tie in the two Houses destroyed above 100 Acte of Parliament and in 〈◊〉 Magun Charta Chorta de Forest● which are the common Lawes of the Land Doth Excize Fifth and Twentieth Parts Meale-money and many more burdens which this Land never heard of before maintaine the Liberties of the people You and that partie of the two Houses made the Army by severall Declar●tions before ingagement believe that you would preserve the Kings Honour and Greatnesse the Lawes and Liberties of the people The Army and the whole Kingdome ●ow 〈…〉 see your actions and have no reason longer to bel●eve your Oaths Vowes and Declarations and fince that partie in the two Houses refuse to performe any thing according to their said Oathes Vowes and Declarations The Army and the Kingdome may and ought both by your own principles and the Lawes of the Land pursue the end for which they were raysed And so your first Quaere is resolved whereby it is manifest that specious pretences to carry on ambitious and pernicious designes fix not upon the Army but upon you and the prevailing partie in both Houses The Solution of the second Quaere The Army 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 3. par Instit f. 12.39 Eli. 1. Iacob ibi 2. 3. E. 6. cap. 2. 11. H. 7. c. 1. to their eternall honour have freed the King from imprisonment a● Holmby It was High Treason to imprison His Ma●estie 〈◊〉 Tof●●● His Majestie from that imprisonment was to delive●● Him out of Traitero●s mands which was the Armies bounden dutie by the Law of God and the Land That partie refused to suffer His Majestie to have two of His Chaplaines for the exercise of His Conscience who had not taken the Covenant free aceesse wa● not permitted doth the Army use His Majestie so all men see that accesse to Him is free 〈…〉 and such Chaplaines as His Majestie desired are now attending on His Grace Who are the guiltie persons the Army who in this action of delivering the King act according to Law or the said partie who acted Treasonably against the Law Who doth observe the Protestation better they who imprison their King or they who free Him from prison That this Army was raysed by the Parliament is 〈◊〉 false The Army was raysed by the two Houses upon the specious pretences of the Kings Honour common sa●etie and the preservation of Lawes and Liberties which how made good hath beene shewed before and all the people of the Kingdome doe find by wofull experience The two Houses are no more a Parliament then a Body without a Head a man 14. H●● ● 36. H. 8. Dier 60. 4. par Instit p. 1.3.12.14 16. R. 2. c. 1. 5. Eliz. c. 2. 17. Carol. The act for the continuance of this Parliament The two Houses can make no Court without the King they are no Body Corporate without the King they all Head and Members make one Corporate Body and this is so cleare a truth that in this Parliament by the Act of 17 Caroli it is declared That the Parliament shall not be dissolved or prorogued but by act of Parliament but the two Houses may respectively adjourne themselves two Houses a Parliament are severall things Cunct a fidem vero faciunt all circumstances agree to prove this truth Before the Norman Conquest and sithence to this day the King is holden Principall Caput finis that is the beginning Head and chief end of the Parliament as appeareth by the Treatise of the manner of holding of Parliaments made before the Norman Conquest 4. par Instit pag. 12. by the Writ of Sumons of Parliament whereby the Treaty and Parler in Parliament is to be had with the King onely by the Common Lau● by the Statute-Law by the Oath of Supremacy 4. par Instit pag. 4.9 5. Eli. c. 1.2 taken at this and every Parliament it doth manifestly appeare that without the King there can be no colour of a Parliament How many Votes have they revoked in one Session yea and Bills Was there ever the like done Nay is not the constant course of Parliaments violated and made nothing thereby They are guarded by Armed-men 〈…〉 divide the publique money among themselves and that partie indeavours to bring in a Forreigne to invade this Land againe If they be no Parliament as clearely they are none without His Majestie they have no privileges but doe exercise an Arbitrary Tyrannicall and Treasonable power over the people By the Law of the Land 7. E. 4.20 8. E. 4.3 9. E. 4.27 4. H. 7.18 27. H. 8.23 when Treason or Felony is committed it is lawfull for every Subject who suspects the Offender to apprehend him and to secure him so that Justice may be done upon him according to the Law You say The disobedience of the Army is a sad publique president like to conjure up a spirit of universall disobedience I pray object not that conjuring up to the Army whereof you the prevailing partie in the Houses are guiltie who conjured up the spirit of universall disobedience against His Majestie your and our onely Supreme Governour But you and that partie in the two Houses and even then when the house of Commons were taking and did take the said Oath of Supremacy For the Covenant you mention it is an Oath against the Lawes of the Land against the Petition of Right devised in Scotland wherein the first Article is to maintaine the Reformed Religion in the Church of Scotland 2. pars Coll. of Ord. pag. 803. Petition of right 3. Car. 2. pars instit 719. And certainly there is no Subject of the English Nation doth know what the Scottish Religion is I believe the Army tooke not the Covenant No man by the Law can give an Oath in a new case without an Act of Parliament and therefore the imposers thereof are very blamable and guiltie of the highest Crime The Writer of these Quaeries seemes to professe the L●wes let him declare what Act of Parliament doth justifie the tendring giving or taking of the said Oath he knoweth there is none he knoweth that all the parts of it are destructive of the Lawes and Government to maintaine which the Law of nature the Law of the Land had obliged them Mag. Chart. cap. 1. Ultimo Articuli cleri and many other statutes 16. Ed. 4.10 The Oath of the Covenant makes the Houses Supreme Governours in causes Ecclesiasticall the Oath of Supremacy makes the King so and yet both taken by the same persons at the same time What credit is to be given to persons who make nothing of Oathes and contradict themselves How d●e the Covenant and the Oath of Supremacy agree