Inne and of the rest of the Innes of Court and to all the Professors of the LAW I Have now spent Forty five yeares in the Study of the Laws of this Land being my Profession under and by the conduct of which Lawes this Common-wealth hath flourished for some ages past in great splendor and happinesse jam seges est ubi Troja fuit The great and full body of this Kingdome hath of late yeares fallen into an extreame sicknesse it is truely said that the cause of the disease being knowne the disease is easily cured There is none of you I hope but doth heartily wish the recovery of our common parent our native countrey Moribus antiquis stat res Britannica I call God to witnesse that this discourse of mine hath no other end then my wishes of the common good how farre I have been from Ambition my life past and your owne knowledge of me can abundantly informe you and many of you well know that I ever detested the Ship-money and Monopolies and that in the beginning of this Parliament for opposing the excesses of one of the Bishops I lay under three Excommunications the Examination of seventy seven Artioles in the high Commission Court His sacred Majesty God is my witnesse made me a Judge in the parts of Wales against my will and all the meanes I was able to make and a patent formy place was sent me for the which I have not paid one farthing and the place is of so inconsiderable a benefit that it is worth but 80. l. per Annum when paid and it cost me every yeare I served twice as much out of my owne estate in the way of an ordinary and frugall expence That which gave me comfort was that I knew well that his Majesty was a just and a prudent Prince In the time of the Atturneyships of Mastor Noy and the Lord Banks they were pleased to make often use of me and many referrences concerning suits at Court upon that occasion came to my knowledge and as I shall answer to God upon my last account this is truth that all or most of the referrences which I have seene in that kind and I have seene many were to this effect that his Majesty would be informed by his Councell if the suits preferred were agreeable to the Lawes and not inconvenient to his people before he would passe them what could a just and pious Prince doe more Gentlemen you shall finde the cause and the Cure of the present great distemper in this discourse and God prosper it in your hands thoughts and words as the case deserves Hold to the Lawes this great body recovers forsake them it will certainely perish I have resolved to tender my selfe a Sacrifice for them as cheerefully and I hope by Gods assistance as constantly as old Eleazer did for the holy Lawes of his Nation Your Well-wisher David Jenkins Now Prisoner in the Tower LEX TERRAE THe Law of this Land hath three grounds First Custome Secondly Iudiciall Records Thirdly Acts of Parliament The two latter are but declarations of the Coumon-Law and Custoâ—e of the Realme touching Royall Government And this Law of Râ—yall Gâ—vernment is a â—aw Fundamentall The Government of this Kingdome by a Râ—yall Soveraigne The Kings Prerogative is a principall part of the common Law Com. Lital 34â— 27 Hen. 8. Stamford Praâ— fol. 1. 2 Pars inflit fol. 496 3 Parsinstit pag. 84. hath been as ancient as History is or the memoriall of any time what power this Soveraignty alwaies had and used in warre and peace in this Land is the scope of this discourse That Vsage so practised makes therein a Fundamentall Law and the Common Law of the Land is common Vsage Plâ—wdens Commentaries 195. For the first of our Kings sithence the Norman Conquest the first William second William Henry the first Stephen Henry the second and Richard the first the Customes of the Realme touching Royall Government were never questioned The said Kings injoyed them in a full measure In King Iohns time the Nobles and Commons of the Realme conceiving that the ancient Customes and Rights were violated and thereupon pressing the said King to allow them in the seventeenth of King Iohn the said Liberties were by King Iohn allowed and by his Sonne Henry the third after in the niâ—th yeare of his Reigne confirmed and are called Magna Charta and Charta de Foresta declared foure hundred twenty two yeares sâ—hence by the said Charters Now â—ests to be considered after the Subjects had obtained their Rights and Liberties which were no other then their ancient Customes and the fundamentall Rights of the King as Soveraigne are no other How the Rights of Soveraignty continued in practise from Henry the thirds time untill this present Parliament of the third of November 1640. for before Henry the thirds time the Soveraignty had a very full Power Rex habet Potestatem jurisdictionem super omnes qui in Regno suo sunt Bracton temp H. 3. l. 4 cap. 24. Sect. 1. ea quae sunt jurisdictionis paucis ad nullum pertinent nisi ad Regiam dignitatem habet etiam coercionem ut Delinquentes puniat coerceat This proves where the supreme Power is A Delinquent is he who adhears to the Kings Enemies Com. Sur. Litil 261. This shewes who are Delinquents Omnis sub Rege ipse sub nullo nisi tantum Deo nonest inferior sibi Subjectis Soct 5. Bracâ— ibid. non parem habet in Regno suo This shewes where the supreme power is Rex non habet superiorem nisi Deum satis habet ad poenam quod Deum expectat ultorem Bracton l. 5. tract 3. de delaiti cap. 3 Bracton l. 3 cap. 7. This shewes where the supreme power is Treasons Fellonies and other Pleas of the Crowne are propria causa Regis This shewes the same power By these passages it doth appeare what the Custome was for the power of Soveraignty before that time the power of the Militia of coyning of Money of making Leagues with forraigne Princes the power of pardoning of making of Officers c. All Kings had them the said Powers have no beginning Sexto Edw. 1. Com. Sur. Eittl 85. Lege Homage every Subject owes to the King viz. Faith de Membro de vita de terreno Honore the forme of the Oath Edward 1. inter vetera statuta is set downe We read of no such or any Homage made to the two Houses but frequently of such made by them It is declared by the Prelates Earls Barons and Commonalty of the Realme that it belongeth to the King and his Royall Segniory â— Ed. 1. Strasuâ—e at large fol. 42. straitly to defend force of Armour and all other force against the Kings peace at all times when it shall please him and to punish them that shall doe contrary according to the Law and Usage of the Realme and hereunto they are bound to ayd their
Commissioners to tax men secundum faculâ—ates and so make all mens estates Arbitrary the answer is that in lâ—vying of publicke aydes upon mens goods and estates which are variable and probably cannot be certainly knowne by any but the owners it is impossible to avoyd discretion in the assesments for so it ever was and ever will bee By this appeares that the Votes of the two Houses against the Commission of Array were against the Law The death of the King dissolves the Parliament H. 9. if Kings should referre to the politick capacity it would continue after his death 2 H. 5 â— parâ— instit â—6 4 pars Iust 46 which proves that the King cannot be said to be there whâ—â— he is absent as now he is there is no inter regnum in the Kingdome the dissolution of the Parliament by hiâ— death shewes that the beginning and end thereof referrs to the naturall person of the King and therefore he may lawfully refuse the Propositions 2. H. 5 Chap. 6. to the King onely it belongs to make Leagues with Forraigne Princes this shewes where the supreame power is and to whom the Militia belongs 8. H. 6. numb 57. Rott Parl. Cooks 4 pars instit 25. H. 6. No priviledge of Parliament is grantable for treason felony or breach of the peace if not to any one Member not to two not to ten not to the major part 19 H. 6.62 The Law is the inheritance of the King and his people by which they are ruled King and people And the people are by the Law bound to ayd the King and the King hath an inheritance to hold Parliaments and in the ayds granted by the Commonalty If the major part of a Parliament commit treason they must not be Judges of it for no man or body can be Judge in his own cause and aswel as ten or any number may commit treason the greater number may aswell The King by his Letters patents may constitute a County palatine and grant Regall rights 32 H. 6.13 Plowd 334. this shewes where the supreame power is 17. Ed. 4. Rot. Parl. numb 39. Ed. 4. No priviledge of Parliament is grantable for treason fellony or breach of the peace if not for one not for two or more or a major part The same persons must not bee Judge and party Calvins Case 7. pars fol. 11 12. A corporate body can commit no treason nor can treason be committed against a corporate body 21. E. 4.13 and 14. but the persons of the men who make that body may commit treason and commit it against the naturall person of him who to some purposes is a body corporate but quatenus corporate no treason can bee committed by or against such a body that body hath no soule no life and subsists onely by the fiction of the Law and for that reason the Law doth conclude as aforesaid Plow com 213. therefore the Statue of 25. E. 3. must bee intended of the Kings naturall person conjoyned with the politique which are inseparable and the Kings naturall person being at Holmby his politique is there also and not at Westminster for the politique and naturall make one body indivisible If all the people of England should breake the league made with a forraigne Prince 19 Ed. 4.46 22 Rd. 4. Fitz. jurisdiction â—â—st plaeite without the Kings consent the league holds is not broken and therefore the representative body is inferiour to his Majesties The King may erect a Court of Common pleas in what part of the Kingdome he pleaseth by his letters patents can the two Houses do the like 1 Ed. 5. fol. 2 It cannot be said that the King doth wrong 1 Ed. 5. 4 Ed. 4.25 5 Ed. 4 29. declared by all the Judges and Serjeants at Law then there The reason is nothing can be done in this Common wealth by the Kings grant or any other act of his as to the Subjects persons goods Lands or liberties but must be according to established Lawes which the Judges are sworne to observe and deliver betweene the King and his people impartially to rich and poore high and low 2 Pars instit 158. and therefore the Justices and the Ministers of Justice are to be questioned and punished if the Lawes be violated and no reflection to be made on the King All Counsellors and Judges for a yeere and three moneths untill the tumults began this Parliament were all left to the ordinary cause of Justice what hath been done sithence is notorious For great Causes and considerations an Act of Parliament was made for the surety of the said Kings person R. 3. 1 R. 3. cap. 15. if a Parliament were so tender of King Rich. the 3. the Houses have greater reason to care for the preservation of his Majesty The Subjects are bound by their allegiance to serve the King for the time being Hâ—n 7. 11 H. 7. c. 1. against every Rebellion power and might reared against him within this Land that it is against all Lawes reason and good conscience if the King should happen to be vanquished that for the said deed and true duty and allegiance they should suffer in any thing it is ordained they should not and all Acts of processe of Law hereafter to be made to the contrary are to be void This Law is to be understood of the naturall Person of the King for his politick capacity cannot be vanquished nor war reared against it Relapsers are to have no benefit of this Act. It is no Statute â—â— H. 7.20 4 H. 7.18 Henry 8. 7 H. 7.14 if the King assent not to it and he may disassent this proves the negative voice The King hath full power in all causes to do justice to all men 24 H. 8. c. 12. 25 H. 8. c. 28 this is affirmed of the King and not of the two Houses The Commons in Parliament acknowledge no superiour to the King under God the House of Commons confesse the King to be above the representative body of the Realm Of good right and equity the whole and sole power of pardoning treasons fellonies c. 27 H. 8. c. 2â— Note belong to the King as also to make all Justices of Oyer and Terminer Judges Justices of the peace c. This Law condemns the practice of both Houses at this time The Kings Royall Assent to any Act of Parliament signed with his hand expressed in his Letters patents under the great Seale and declared to the Lords and Commons shall be as effectuall 33 H. 8. cap. 21. as if he assented in his owne person a vaine Act if the King be virtually in the Houses The King is the head of the Parliament the Lords the principal members of the body Dier 38. H. 8. fo 59.60 the Commons the inferiour members and so the body is composed therefore there is no more Parliament without a King then there is a body without a head There is
will not come to them and yet the King desires to come but they wil not suffer him but keepe him prisoner at Holmby so well doe their Actions and Oathes agree 5. They sweare now King Charies is their only and supreame Governor but with a resolution at the time of the Oath taking and before and after that he shall not be only or supreame Governour or only and supreame but not any Governour at all For there is no point of Government but for some yeares past they have taken to themselves and used his name only to abuse and deceive the people 6. That this virtuall power is a meere fiction their Propositions sent to Oxford to Neweastle to be signed by the King doe prove it so What needs this adoe if they have the virtuall Power with them at Wistminster 7. To affirme that the Kings power which is the vertue they talke of is separable from his person is High Treason by the Law of the Land which is so declared by that learned man of the Law Sir Edward Cocke so much magnified by this present Parliament who in the 7 part of his Reports in Calving case fol. 11 saith thus In the reigne of Edward the second the Supencers the Father and Sonne to cover the Treason hat hed in their hearts invented this damnable and damned opinion that homage and Oath of Legeance was more by reason of the I Kings Crowne that is of his potitick capacity theu by reason of ohe person of the King upon which â—â—inion they inferred three execraâ—le and detestable consequences h. If the King to not demeaue himselfe by reason in the right of his Crowne his Lieges are bound â—y Oath to remove the King 2 seeing that the King â—ould not be retormed by â—nte of Law that ought so be dene per aspertes that is by orce 3. That his Lieges be beund to governe in â—yde of him and in default of him all which wâ—re condemned by two Parliaments one in the raigue of Edw. 2. called exilium Hugonis le Spencer and the other in anno 1. Edw 3 cap. 2. And that the naturall body and politick maks one indivisible body that these two bodies incorporate in one person make one body and not divers is resolved as the Law of Eng. 4 Ed 3 Ploydon Com. fol. 213 by Sir Co bet Catlin L. Chiefe Justice of Eng. Sir Iâ—mes Dâ—er L. Chief Justice of the Common pleas the L. Sanders L. Chief Baron of the Excheâ—ner by the rest of the Judges viz. Justice Restall Justice Browne Justice Corbet Justice weston Baron Frevylâ— Carus and Powâ—rel Sergeant to the Queene Gerrard Auturny Generall Carell Atturney of the Dutchy Pâ—owdon the learnedest man of that age in the knowledge of the Law and Customes of the Realme 8. The Law in all ages without any controversie is and hath been that no Act of Parliament bindes the Subjects of the Land without the assent of the King â— Hâ—â— 3 Mogn Charta So in every Age till this dâ—y and in every Kings time as appeares by the Acts in Print 1 part of the Iustit Sect. 234. 〈◊〉 fine where many of the Law-Bookes are â—iied 7 Hen. 7.14.12 of Hen. 7.20 either for Person Lauds Goods or Fame No man can shew any sillable letter or line to the contrary in the bookes of the Law or printed Acts of Parliament in any age in this Land If the virtuall power be in the Houses there needs no assent of the Kings The stiles of the Acts printed from 9 Hen. 3. to 1 Hen. 7. were either The King ordaines at his Parliament c. or the King ordaineth by the advâ—ee of his Prelates and Barâ—â—rs and at the humble Petition of the Commons c. In Hen. 7. his time the Stile altered and hath fithence continued thus It is oâ—dained by the Kings Majesty and the Lords spirituall and temporall and Commons in this present Parliament assembled So that alwayes the Assent of the King giveth the life to all as the soule to the body and therefore our Law bookes call the King the Fountaine of Justice and the life of the Law 9. 2 Han. 4 Cap 22 4 pars instit 42. Mr. â—â—in in his Treatise of the great Seal fol. 17.27 Hen. 8 Chap. 24. Mercy as well as Justice belongs by the Law of the Land onely to the King This is confessed by Mr. Pryn and it is so without any question The King can onely pardon and never more cause to have sufficient pardons then in such troublesome times as these and God send us pardons and peace None can give any pardon but the King by the Law of the Land The whole and sole power of pardoning Treasons and Felonies belongs to the King are the words of the Law and it is a delusion to take it from any other and utterly invalid 27. Hen. 8. c. 24. 10. Queene Elizabeth summoned her first Parliament to bee held the 23. of Jan. in the first yeare of her Majesties Raigne The Lords and commons assembled by force of the same Writ the 21 day the Queen fell sick and could not appeare in her person in Parliament that day and therefore prorogued it untill the 25 of the same Month of January Resolved by all the Judges of England that the Parliament began not the day of the returne of the Writ 3 of Eliz. Dier 2â—3 viz. the 23. of January when the Lords and Commons appeared but the 25 of the said Moneth when the Queene came in person which sheweth evidently that this virtuall presence is a meere deluding fiction that hath no ground in Law reason or sence They have the King now a prisoner at Holmby with guards upon him and yet they governe by the virtuall power of their prisoner These are some few of the causes and reasons which moved me to deliver that paper to Mr. Corbet which I am ready to justifie with my life and should hold it a great honour to dye for the honourable and holy Lawes of the Land that which will save this Land from destruction is an Act of Oblivion and his Majesties gracious generall pardon the Souldiers their Arrears and euery man his own and truth and Peace established in the Land and a favourable regard had to the satisfaction of tender Consciences April 29. 1547. David Ienkins THE ARMIES INDEMNITY WITH ADDITION Together with a DECLARATION SHEWING How every Subject of ENGLAND ought to be tried for Treasons Felonies and all other Capital Crimes as is set down in the Lawes of the LAND By DAVID IENKINS now Prisoner in the Tower of London Printed in the Yeare 1648. The Armies Imdemnity c. UPon the publishing of the Ordinance of the 22 of May last for the Indemnity of the Army certaine Gentlemen well affected to the peace of the Kingdome and safety of the Army desired mee to set down in writing whether by the Law of the Land the said Ordinance did secure them from danger as to
Session for publishing the Lord Cook his Bookes which Order they may find printed in the last Leafe of the second part of his Institutes in these words viz. Die Mercurii 12. May 1641. VPon Debate this Day in the Commons House of Parliament the said House did then desire held it fit that the heir of Sir Edward Cooke should publish in print the commentary upon Magna Charta the pleas of the Crown and the jurisdiction of Courts according to the intention of the said Sir Edward Cooke and that none but the Heir of the said Sir Edward Cooke or he that shall be authorized by him do presume to publish in print any of the foresaid Bookes or any Copy thereof H. Elsynge Cler. Dom. Com And I do further desire them that they would reade and peruse M. Solicitour Saint-Iohn and M. John Pym their Bookes published likewise this Session Whose Titles are as followeth viz. An Argument of Law concerning the â—ill of Attainder of High Treason of Thomas Earle of Strafford At a Conference in the Committee of both houses of Parliament By M. Saint John his Majesties Solicitor Generall Published by Order of the Commons House London Printed by G. M. for Jo. Bartlet At the Sign of the Guilt Cup neare S. Austins gate in Pauls Church yard 1641. And the Speech or Declaration of Iohn Pym Esquire After the Recapitulation or Summoning up of the charge of High Treason against Thomas Earle of Strafford 12 Aprill 1641. Published by the order of the Commons House London Printed for John Bartlet 1641. 1. Nothing is delivered for Law in my Books but what the H. of Commons have avowed to be Law in Bookes of Law published by their command this Session and agreeable to the Bookes of Law and Statutes of this Realme in all former Times and Ages 2. The supposed offence charged on me is against the two Houses and none ought to be judges and parties by the Law of this Land in their owne case 3. I desire the benefit of Magna Charta the Petition of right other good Lawes of this Land which ordaine that all mens Tryals should be by the established Lawes and not otherwise they are the very words of the petition of Right An Ordinance of both Houses is no Law of the Land 1 Part. col of Ordinances fol 728 2 Pars iust fol 47 48 157 143 4 par instit 23 232 298 4 H 7 18 by their own confession and by the Bookes of the Lord Cooke published by their Order as aforesaid this Session in six several places For Sedition in my Books there is none but such as they have authorised this Session to be published printed To publish the Law is no sedition These Positions following I doe set downe for the Law of the Land in my books and they themselves have justified and avowed them as aforesaid we agree the Law to be and to have been in all times in all the particulars following as here ensueth 3 Part instit pag 12 M Sollicitor Pag. 12 3 part instit pag 9 M Pym p. 28 3 part instit 3 10 12 16 3 part instit pag 9 M Sollicitor p 0 10 136 M Sollicitor pag 9 M Sollicitor pag 9 M Sollicitor pag 23 4 pars 4 instâ— p 125 Iustice Huttons argument fol. 39 40 4 part instit 2 part instit articul super chartas cap. 5 1. To imprison the King is high treason 2 To remove Councellours from the King by force is High Treason 3. To alter the establisht Lawes in any part by force is High Treason 4. To usurp the Royall Power is High Treason 5. To alter the Religion establisht is High Treason 6. To raise rumours and give out words to alienate the peoples affections from the King is High Treason 7. To sesse Souldiers upon the people of the Kingdome without their consent is High Treason 8. The execution of paper orders by Souldiers in a military way is high Treason 9 To coanterfeit the great Seale is High Treason 10. The Commission of Array is in force and none other 11. None can make Judges Justices Sheriffes c. but the King The King makes every Court 12. The great Seale belongs to the Kings Custody or to whome he shall appoint and none other 13. 1 part Coll. of Ordin Cook utâ— supra 4 partâ— inst 25. Ordinances of one or both Houses are noe lawes to binde the people 14. No priviledge of Parliament holds for Treason Felony or brâ—ach of the Peace not for 20. Parliament-men forty nor three hundred 15. M. Solicitor pag. 8.70 M. Solicitor pag. 12.27 M. Solicitor pag. 26. M. Solicitor pag. 35. To subvert the fundamentall lawes is High Treason 16 To levey War against the person of the King is High Treason 17. To perswade Forreiners to levey war within this Kingdome is High Treason 18 To impose unlawfull Taxes to impose new Oathes M. Pym p. 8. is High Treason 19. The King can doe no wrong 20. M. Pym p. â—7 It is a pernitious Doctrine to teach Subjects they may be discharged from the oath of Allegience M. Pym p. 24. Then what means the Doctrin of both Houses of the Votes 11 of Feb. 1647. 21. A necessity of a mans own making doth not excuse him 3. parr inst pag. 9 The requiring forcing of the Militia brought the necessity of arming upon the Houses 22. None can leavy war within this realme without authority from the King for to him only it belongeth to levy war by the common law of the land to doe otherwise is high Treason by the said Common law The only quarrel was is the Militia for which so much blood hath been spent M. Solicitor 70.71 4. part inst pag. 1.3.4 4. pars inst 41.356 and Treasure 23. No Parliament without the King he is Principium caput finis 24. Presentment or tryall by Jury is the bright-right of the Subject There is no doubt but that many in both Houses are free from this great sin and that most of the prevailing party had at first no intentions to proceed so farre but the madnesse of the People who are very vnstable and so they will find them and the successe of their Armies having this great rich City to supply them with all accomodations have so elated them that the evil is come to this height For my selfe to put me to death in this cause is the greatest honour I can possibly receive in this World Dulce decorum est mori pro partia And for a Lawyer and a Judge of the Law to die dum sanctis patria legibus obsequitur for obedience to the Lawes will be deemed by the good men of this Time a sweet smelling sacrifice and by this and future Times that I dyed full of yeares and had an honest and an honourable end And posterity will take knowledge of these Men who put some to death for subverting of the Lawes and others for supporting of them c. Yet mercy is above all the â—orkes of God Bracton l c. 9 p 107 4 pars inst 342 343 Stanford 99 The King is Gods Vâ—carâ—on earth In Bracton who was a Judge in Henry 3. time you shall â—â—nd the Kings oath To shew mercy is part of it You are all his children say and doe what you will you are all his Subjects and He is your King and parent Pro magno peccato paululum supplicii satis est patri and therefore let not the prevailing party be obdurate out of a desperation of safety That which is past is not revocable Take to your thoughts your parents your wives your children your friends your fortunes your countrey wherein Forreigners write there is Mira aeris suavitas rerum omnium abundantia Invite not them hither the only way to be free of their company will be To restore his Majesty and receive from Him an Act of Oblivion a generall pardon Assurance for the Arreares of the Souldiery and meet satisfaction to tender consciences God preserve the King and the Lawes DAVID JENKINS Prisoner in New-gate
besides that it incites men to selfe ends will be a constant charge to the Kingdome by reason of the wages of parliament men p. 141. Mischiefs by the length of parliaments p. 121. Certaine Erroneus Positions and Proceedings of both Houses of Parliament discovered and confuted THe two Houses without the King are not the Parliament but onely parts thereof and by the abuse and misunderstanding of this word Parliament they have miserably deceived the people p. 80.156 The King is not vertually in the two Houses p. 12.13.20.21 The two Houses are not above the King but the King is Superiour to them p. 11.19.23 24.133 The tenents of the Spencers are the ground of their proceedings p. 10.22 And upon their pretences they take upon them the Government at this time They have destroyed above a 100. Acts of parliament even all concerning the King the Church and Church men and in effect Magna Charta and Charta de Forresta which are the Common Lawes of the Land p. 154. They have fifteene severall illegall wayes raised Money upon the Subject this present parliament p. 35. There is no Crime from Treason to Trespasse but they are guilty of p. 142. They are not to bee Judges in their owne cause p. 15. Of their League and Covenant with the Scots p. 158.160 The two Houses by the Law of this Land have no colour of power to make Delinquents or pardon Delinquents the King contradicting p. 119.131 Certaine Erroneous Positions and Proceedings of the House of Commons discovered and confuted THey cannot bee Members of the House of Commons who were not recident in the Counties or Burroughs for which they were elected at the time of the Teste of the Writ of Summons of parliament p. 149. If any undue Returne bee made the person Returned is to continue a Member and the tryall of the Falcity of the Returne is to bee before the Justice of Assize in the proper County this condemnes the Committee for undue Elections p. 148. The House of Commons cannot Elect and Returne Members of that House p. 144. The ejecting of a Member that hath sitten is against Law also their new elections are against Law And by this it may be judged what a House of Commons we have p. 148. Breaches of priviledges of parliament may bee punished in other Courts p. 149. And what need then of the Committee for priviledges The house of Commons by their Writ have no separate power giuen them over the Kings people p. 144. The house of Commons cannot imprison any who are not their Members or Disturbers of their Members in the service of the parliament p. 143 144 145. The House of Commons no Court p. 115 116.144 145 146 c. The Propositions sent by the Parliaments of both Kingdomes to His Majestie at New-Castle pag. 6. GEnerall Reasons against those propositions p. 11.15.128 Reasons in particular against those propositions For disabling the King to pardon p. 13. For altering Religion in point of Government 37.61.63 For sale of the Bishops Lands p. 36. For taking away the Booke of Common-prayer p. 37. For taking from his Majesty all the power by Land and Sea p. 37. For laying upon the people what Taxes they shall think meet p. 128. Besides in their propositions they doe not style themselves His Majesties Subjects p. 128. The Kings Party pag. 36 37 38. THe Subjects are commanded by Law to Assist the King in War 36. Those who adhere to the King are freed by the Statute of the 11th Hen. 7. p. 39.78.97 Master Prins objections against the King and his party answered p. 47. c. The Parliaments Party are Delinquents A Delinquent is hee who adheres to the kings enemies this shewes who are Delinquents p. 7. The Army serving the Parliament THe summe of the Ordinance for the Indempnity of the Army p. 79. It can no more free the Souldiers than repeale all the Lawes of the Land p. 78. The Judges are sworn to doe Justice according to the Lawes of the Land p. 79. An Act of Oblivion and a Generall Pardon the only means to Indempnifie the Army and the whole kingdome p. 84. And the conclusion of all the other bookes The Army Rescuing the King TO deliver the King out of Traiterous hands is our bounden duty by the Law of God and the Land p. 155. By the Law of the Land when Treason or Felony is committed it is lawfull for every subject who suspects the Offender to apprehend him so that Justice may be done upon him according to Law p. 157. As the Army hath power so adhering to the King all the Lawes of God Nature and man are for them p. 166. None by the Law of the Land can in this kingdome have an Army but the King p. 153. The Liberty of the Subject Our Liberties were allowed in the 17th of King John and confirm'd in the 9th of Hen. 3. and are called Mâgna Charta and Charta de Forresta p. 6.117.130 Magna Charta is irrepealable p. 62. Severall Bils for our Liberties passed at the beginning of this Parliament p. 34. And how secured The Liberty of the Subject violated by the two Houses of Parliament 140 Miscellanea THe Lord Cookes Institutes published by the Order of the House of Commons p. 77. Of the Bill passed this parliament for taking away the Bishops Votes in Parliament p. 31. Against that saying that the King got away the Great Seal surreptitiously from the Parliament p. 45. Of Jack Cade p. 160. Treasons Murthers Felonies and Capitall Crimes to bee tryed by Iuries and not otherwise but by Act of parliament p. 102. The Chancellors or Keepers Oath 174. The present Commissioners have no Court Seal nor commission 175. The King the Laws and kingdome cannot bee severed The only quarrell was for the Militia which the Laws have ever setled upon the King 177. No peace can possibly bee had without the King ibid. No man can devise lands till he be 21 years of age 1. 84. An Infant of 17 years may dispose of goods by will by the opinion of some but by others not till 18. 181. The Court of Wards had no jurisdiction over the personall estate 185. Peace and plenty abounded during his Majesties Government 187. Since the two Houses have usurped the power the kingdom hath been in a sad condition 19. Nothing delivered in this book for Law but what the house of commons have avowed for Law this Session 194. The 24 positions of Law set out in divers books by the House of commons order p. 196. It is honourable to dye for the Laws 202. Good counsell for them if it be taken in time 203. That which will save this Land from destruction is an Act of Oblivion and his Majesties Gracious Generall pardon the Souldiers their Arrears and every man his own and truth and peace established in this Land and favourable regard had to the satisfaction of tender Consciences God save the King To the Honourable Societies of Grayes