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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A87524 The armies indempnity. Jenkins, David, 1582-1663. 1647 (1647) Wing J584; Thomason E390_10; ESTC R201533 5,622 8

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The Armies Jndempnity UPon the publishing of the Ordinance of the 22. of this Instant May for the Indempnity of the Army certaine Gentlemen well affected to the Peace of the Kingdome and safety of the Army desired me to set downe in writing whether by the Law of the Land the said Ordinance did secure them from danger as to the matters therein mentioned For whose satisfaction in a businesse wherein the lives and fortunes of so many men were concerned and also the Peace of the Kingdome involved I conceived I was bound in duty and Conscience faithfully and truly to set downe what the Law of the Land therein is which accordingly I have withall sincerity expressed in this following discourse The danger of the Army by the Law of the Land is apparent ●o all men 25. Ed. 3. Cap. 2. 11. Ri. 2. Cap. 3. 1. Hen. 4. Cap. 10. 1. 2. Phi. Mary Cap. 10. 3. Pars institutes pag. 22. 2 pars instituts pag. 47.48 4. pars instituts pag. 23 48.29● It is high treason by the Law of the Land to levy warre against the King to compasse or immagine his death or of his Queene or of his eldest Sonne to counterfeit his money or his great Seale They are the words of the Law other treasons then are specified in that Act are declared to be no treasons untill the King and his Parliament shall declare otherwise they are the words of the Law King and Commons King and Lords Commons and Lords cannot declare any other thing to be treason then there is declared as appeares by the Lord Cooke in the places cited in the Margin a law-booke published by the order of the House of Commons this Parliament as appeares in the last leafe of the second part of the institutes published likewise by their order The resolutions of all the Judges of England upon the said Statute of the 25. Ed. 3. as appeares in the said 3. part institutes Chap. 3. pars institutes Cap. treason pag. 9. 10.12 Mr. St. Iohn the Soliciter in his speech upon the arraignment of the Earle of Strafford printed by order of the House of Commons pag. 7.13 4. pars institutes Cap. Parliament pag. 25. 11. Hen. 7. Cap. 1. Stamford lib. 2. fol 99. 18. Ed. 3. Statute at large 144. 20. Ed. 3. Capa 11. Ri. 2. Cap. 10. 4. pars institutes pag. 23.48.29 3. pars institutes pag. 22. 2. pars institutes 47.48 1. pars institutes 195. High Treason have been that to imprison the King untill he agree to certaine demandes is high treason to seise his Ports Forts Magazine for warre are high treason to alter the Lawes is high treason The word King in the Statute of 25. Ed. 3. Cap. ● must be understood of the Kings naturall person for that person can onely dye have a wife have a Sonne and be imprisoned The priviledge of Parliament protects no man from treason or fellony howbeit he be a member much lesse can they protect others Those who cannot protect themselves have no colour to make Ordinances to protect others who are no members The Statute of 11. Hen. 7. Cap. 1. doth by expresse words free all persons who adhere to the King The Army by an act of Indempnity free themselves from all those dangers which an Ordinance can no more do then repeale all the Lawes of the Land the whole and sole power by law to pardon all treasons and fellonies being solely and wholly in the King as is cleared by the 27. H. 8. Chap. 24. and the Law of the Land in all times Having shewed the danger of the Army by the Law of the Land next consider the Ordinance of the Lords and Commons published the 22. of May instant for their Indempnity By the ensuing discourse it doth appeare they have no Indempnity at all thereby The Indempnity proposed by the Ordinance is for any act done by the Authority of Parliament or for the service or benefit thereof and that the Judges and all other Ministers of Justice shall allow thereof This Ordinance cannot secure the Army for these reasons I. Their Judges are sworne to do Justice according to the Law of the Land This Ordinance is no Law of the Land and therefore the Judges must be forsworne men if they obey it and no man can beleeve they will perjure themselves so palpably and visibly to the eye of the world II. If the Judges conceive as they may that the taking of other mens horses or goods is not by the Authority of Parliament or for the service and benefit thereof the souldier dies for it Prince case 8. reports they may say to steale or robany man of his goods is not for the Parliaments service but against it III. This Ordinance is against their Ordinances which expresly prohibits plundering and so there is one ordinance against another whereby their Judges have an outlet to proceed upon the one or the other and thereby the Army hath no manner of security IIII. 28. Augusti 1642. collect of Ordinances first part 565. 592. 605. severall Ordinances 4. pars institutes pag. 1. 3 pars institutes pag. ●2 1 pars institutes pag. 1. 11. Hen. 8. 3. Dier 28. Hen. 8. f. 60 12. Hen. 7.20 1. pars institutes 159. Princes case 8. pars reports 1. pars institutes 109 1. pars institutes pag. 110. 4. pars institutes p. 49. This Ordinance is restrained to the Ordinance service or benefit of the Parliament The Lords and Commons make no more a Parliament by the Law of the Land then a body without a head makes a man for a Parliament is a body composed of a King their head the Lords and Commons and all make one body and that is the Parliament and none other and the Judges may ought and I beleeve will accordingly to their oathes proceede as not bound at all by this Ordinance For it is restrained to the Ordinance of Parliament service or benefit thereof whereas the two Houses are not the Parliaments but onely parts thereof and by the abuse and misunderstanding of this word Parliament they have miserably deceived the people V. The word Parliament is a French word howbeit such Assemblies were before the Northern conquest herein are and signifieth in that language to consult and treat that is the sence of Parlet in the French Tongue The writ whereby the two Houses are assembled which is called the writ of Summons of Parliament at all times and at this Parliament used and which is the warrant ground and Foundation of their meeting is for the Lords of the House of Peers the Judges and the Kings Councel to consult and treat with the King that is the Parlet of great concernments touching 1. The King 2. The defence of his Kingdome 3. The defence of the Church of England It cannot be a Parliament that will not parle with the King but keepe him in prison and not suffer him to come to them and parle and therefore the Law and