Selected quad for the lemma: death_n
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B03896
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To the honorable societies of Gray's-Inne, and of the rest of the innes of court, and to all the professors of the law
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Jenkins, David, 1582-1663.
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1647
(1647)
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Wing J610; ESTC R178974
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25,096
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37
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Prinne fol. 104. of his booke intituled the Parliaments supreme Power c. Objecting the Statute of the first of Queene Elizabeth and his owne Oath That the King is the only supreame Governour of this Realme Answeres The Parliament is the supreme Power and the King supreame Governour And yet there hee allowes him a Negative Voice And fol. 107. confesseth that Acts of Parliament translated the Crowne from the right heires at Common-lawe to others who had no good Title Then the Parliamentary Title makes not the King so powerfull is Truth that it escapes from a man unawares To make a distinction betweene Supreame Governour and Supream Power is very strange For who can Governe without Power The King assembles the Parliament by his Writt Vide Speede 645. 4 pars Instit 27. 28. Adjournes Prorogues and Dissolves the Parliament by the Lawe at his pleasure as is evident by constant practise the House of Commons never sate after an adjournment of the Parliament by the Kings command Where is the Supreame Power Ob. 18 The King by his Oath is bound to deny no man Right much lesse his Parliament To agree to all just and necessary Lawes proposed by them to the King This is the substance of the discourse against the Kings Negative Voice Sol. The King is so bound as is set downe in the Objection but who shall judge whether the Bill proposed bee just and necessary For all that they doe propose are so pretended and carried in eyther House sometimes by one or two voices or some few as aforesaid and certainly as hath beene shewn the King his Councell of State his Judges Sargeants Attorney Sollicitor and twelve Masters of the Chancery can better Judge of them then two or three or few more Master Prinne fol. 45. In his booke of the Parliaments interest to nominate Privy-Councellors c. calleth the opinion of the Spencers to divide the person of the King from his Crowne a strange opinion Calvins Case 7 pars fol. 11. and cites Calvins Case but leaves out the conclusions therein mentioned fol. 11. Master Prinne saith there But let this opinion be what it will without the Kings Grace and Pardon it will goe very far and two Acts of Parliament there mentioned are beyond an opinion And in his booke of the opening of the Great Seale fol. 17. The Parliament hath no jurisdiction to use the Great-Seale for Pardons Generall or Particular Where is the Supreme power Ob. 19 Master Prinnes opening of the Seale Page 19. saith The Noblemen and State the day after the funerall of King Henry the third king Edward the first his sonne being in the holy Land made a new Great-Seale and Keepers of the same And in Henry the sixts time in the first yeere of his Reigne the like was done in Parliament Sol. A facto ad jus is no good Argument for that in Edward the firsts time it was no Parliament for King Henry the third was dead which dissolved the Parliament if called in his time and it could bee no Parliament of Edward the firstâ— time for no writ issued to summon a Parliament in his name nor could issues but under that new Seale it was so sodainly done after Henry the thirds death King Edward the first being then in the holy-Land it was the first yeere of his Reigne and no Parliament was held that yeere not the second yeere of his Reigne The first Parliament that was in his Reigne was in the third yeere of his Reigne as appeares by the Printed Acts. Also the making of that Seale was by some Lords then present What hand had the Commons in it Concerning the Seale made in Henry the sixts time the Protector was vice-Roy according to the course of Lawe and so the making of that Seale was by the Protector in the Kings name and that Protector Humphry Duke of Gloucester as Protector in the Kings name summoned that Parliament and was Protector made by the Lords and not in Parliament as appeareth plainly for that Parliament was in the first of Henry the sixt and the first holden in his time and power given by Commission to the said Dake then Protector to summon that Parliament Prinne ibid. fol. 19. But the new Counterfeit Seale was made when the King was at Oxford in his owne kingdom and not in the holy-Land Ob. 20 Master Prinue in his Booke of the two Houses power to impose Taxes restrayne Malignants against any Habeas Corpus c. saith that the Parliament is above Magna Charta and folio 15 ibid. The Parliament hath power over Magna Charta to repeale the same when there is Cause Sol. This Argument supposeth that they have the Kings power which hath appeared formerly they have not But suppose they had Magna Charta contaynes many morall Lawes which by the Lawe of the Land a Parliament cannot alter 21. H. 7.2 Dr. Student 2. Dialogue For example it saith cap. 18. Justice shall not be sold dlayed nor denyed to any man but by this Argument the Parliament may make Lawe to delay deny and to sell Justice which surely is a very ill position to maintaine What they would have doth now by the Propositions sent to Newcastle to his Majestie appeare whereby they would have him divest himselfe and settle in them all his kingly power by Sea and Land and of themselves to have power without him to lay upon the people of this Land what Taxes they thinke meete to abolish the Common-prayer booke to abolish Episcopacy and to introduce a Church government not yet agreed but such as they shall agree on His Majesty finding a prevayling party in both Houses to steere this course and being chased away with Tumults from London leaves the Houses for these reasons viz. FIRST Because to alter the Government for Religion is against the Kings Oath Secondly Against their Oathes For every of them hath sworne in this Parliament That his Majesty is the only supreame Governour in all Causes Ecclesiasticall and over all Persons Thirdly This course is against Magna Charta the first Chapter and the last Salvae suis Episcopis omnes libertates suae Confirmed by thirty two Acts of Parliament And in the two and fortieth of Edward the third in the first Chapter enacts If any Statute bee made to the contrary it shall be holden for none and so it is for Judgements at La we in the twenty fift of Edward the first chapter the first and the second The great Charter is declared to be the Common-lawe of the Land Fourthly They indeavour to take away by their Propositions the Governement of Bishoppes which is as ancient as Christianity in this Land and the booke of Common-Prayer setled by five Acts of Parliament and compiled by the Reformers and Martyres and practised in the time of foure Princes Fiftly These Propositions taking away from his Majesty all his power by Land and Sea Rob him of that which all his Ancestours Kings of this Realme have enjoyed That Enjoyment and Usage makes the Lawe and a Right by the same to his Majesty They are against their owne Protestation made this Parliament viz. to maintaine his royall Person Honour and Estate They are against their Covenant which doth say that they will not diminish his just Power and Greatnesse For these Reasons his Majesty hath left them and as is beleeved will refuse to agree to the said Propositions as by the Fundamentall Lawe of the Land hee may having a Negative Voyce to any Bills proposed The result of all is upon the whole matter That the king thus leaving of the Houses and his deniall to passe the said Propositions are so farre from making him a Tyrant or not in a condition to Governe at the present That thereby he is rendred a Just Magnanimous and Pious Prince so that by this it appeares cleerely to whom the Miseries of these Times are to bee imputed The remedy for all is an Act of Oblivion and a Generall Pardon GOD save the KING 28o. Aprilis 1647. David Jenkins Now prisoner in the Tower