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
facultates and so make all mens estates Arbitrary the answere is That in levying of publique aydes upon mens goods and estates which are variable and probably cannot be certainly knowne by any but the owners it is impossible to avoide discretion in the assessâ—ments for so it ever was and ever will be 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. 5 if Kings should refer to the politique capacity it would continue after his death 4. pars Inst 46. which proves that the King connot be said to be there when he is absent as now he is there is no interregnum in the kingdome the dissolution of the Parliament by his death shewes that the beginning and end thereof refers to the naturall person of the King and therefore he may lawfully refuse the Propositions 2 H. 5. 4 pars instit 46 2. H. 5. Chap. 6. to the King onely it belongs to make Leagues with forreigne Princes This shewes where the supreame power is 8. H. 6. H. 6. numb 57. Rott Parl. Cookes 4. pars instit 25. No priviledg of Parliamenr is grantable for Treason Felony or Breach of the peace if not to any one member nnot to two not to ten not to the Major part 19. H. 6.62 The law is the inherritanc of the King and his people by which they are ruled King and people And the people are by the law bound to ayde 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 Trason they must not bee Judges of it for no man or body ean be Judge in his own cause and aswell as ten or any number may commit treason the greater number may aswell The King by his letters pattents may constitute a County palatine and grant Regall rights 32. H. 6.13 Plowd 334. this shewes where the supreme 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 be Judge and party A corporat body can commit no treason Calvins Case 7 pars fol. 11.12 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 be committed by or against such a body that body hath no soul no life and subsists only by the fiction of the Law and for that reason the Law doth conclude as aforesaid therefore the stature of 25. E. 3 must be intended of the Kings naturall person conjoyned with the politique which are inseparable and the Kings naturall person being at Holmby Plow com 213. 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 forreigne Prince 19 Ed 4.6 without the Kings consent the league holds and is not broken and therefore the representative body is inferior to his Majesties The King may erect a Court of Common pleas in what part of the kingdome he pleaseth by his letters pattents 22 Ed. 4. Fitz. jurisdiction last placite can the two howses do the like 1. Ed. 5. fol. 8. Ed. 5. 4 Ed. 4.25 5 Ed. 4 29. It cannot be said that the King doth wrong declared by all the Judges and Serjâ—ents 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 between the King and his people impartially to rich and poore high and low and therefore the Justices and the Ministers of Justice are to be qâ—stioned and punished if the Lawes be violated And no reflection to be made on the King All Counsellers and Judges for a yeare and three months nntill the tumults began this Parliament were all left to the ordinary course of Justice what hath beene 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 howses have greater reason to care for the preservation of his Majestie The Subjects are bound by their allegiance to serve the King for the time being against every Rebellion H. 7 11 H. 7. cap. 1. 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 deede and true duty and alligeance they should suffer in any thing it is ordeined they should not and all acts of processe of law heereafter 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 politique capasity cannot be vanquished nor war reared against it Relapsers are to have no benefit of this Act. It is no statute 12 H. 7.20 H. 8. 24 H. 8. cap. 12. 25 H. 8. cap. 21 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 doe justice to all men this is affirmed of the King and not of the two Houses The commons in Parliament acknowledg no superior to the King under God the house of Commons confesse the king to be above the representative body of the Realme Of good right and equity the whole and sole power of pardoning treasons fellonies c. belong to the King 27 H. 8. cap 24. Note as also to make all Justices of Oyer and Terminer Judges Justices of the peace c. This law condemns the practise 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 33. H. 8 cap. 21 and declared to the Lords and Commons shall be as effectuall as if hee assented in his owne person a vaine act if the King be virtually in the houses The King is the head of the Parliament Dier 38. H. 8. â—â— 59.60 the Lords the principall members of the body the Commons the inferior 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 a corporation by the Common law 14 H. 8. fol. 3. as the King Lords and Commons are a corporation in Parliament and
therefore they are no body with out the King The death of the King dischargeth all mainprise to appeare in any Court or to keepe the peace 24 Ed. 3â—48 1 Ed. 4.2 2 H. 4.8 1 H. 7.10 1 Ed. 5.1 The death of the King discontinues all pleas by the common law which agreeth not with the virtuall power insisted upon now Writs are discontinued by the death of the King Ed. 6. 1 Ed. 6. cap. 7. Patents of Judges Commission for Justice of the peace Sheriffs Escheators determined by his death where is the virtuall power All authority and jurisdictions spirituall and temporall is derived from the King therefore none from the houses 1 Ed. 6. cap. 2. His Majesties subjects 2.3 Ed. 6. cap. 2.11 H. 7. cap. 1. Calvins Case Sa. pars Cooke according to their bounden duties ought to serve the King in his warres of this side or beyond the seas beyond the seas is to be understood for wages This proves the power of warres and preparation for warre to be in the King It is most necessary â—oth for common policy and duty of the Subjects 5.6 Ed. cap. 11. to restraine all manner of shamefull slaunders against their King which when they be heard cannot but be odible to his true and loving Subjects upon whom dependeth the whole unity and universall weale of the realm This condemnes their continuing of the weekly pamphlets who have beeue so foule mouthed against his Majesty The punishment of all offenders against the Lawes Q. Mary belongs to the King and all jurisdictions doe and of right ought to belong to the King 1 Mar. Pl 2.6.2 This leaves all to his Majesty All Commissions to levy men for the warre 4.5 P. M. c. 3 Q. Eliz. 10 Eliz. Pl. 315 are awarded by the King The power of warre only belongs to the King It belongs to the King to defend his people and to provide Armes and force No speech of the two houses Roy ad sole government de ses subjects Corps naturall le Roy politique sont un corps Plow 234.242 213. Calvins Case 7. pars fol. 12. Plow com 213. that is The King hath the sole government of his Subjects the body politique and the naturall body of the King make one body and not divers and are inseparable and indivisible The body naturall and politique make one body and are not to be severed Plow 934. 243 213. Calvins Case 7 pars fo 12. Ligeance is due to the naturall body and is due by nature Gods Law and mans law cannot be forfeited nor renounced by any meanes it is inseparable from the person Every Member of the House of Commons 1 Eliz. cap. 1. 5 Eliz. cap. 1. Cawdries Case 5 pars fol. 1. at every Parliament takes a corporall Oath That the King is the supreme and only Governour in all Causes in all his Dominions otherwise he is no member of that House the words of the Law are In all Causes over all persons The said Act of 1. Eliz. is but declarative of the ancient Lawe 43 Eliz. 3 pars inst it fo 12. Cawdries Case ibid. The Earle of Essex and others assembled multitudes of men to remove Councellors adjudged Treason by all the Judges of England To depose the King or take him by force 39 Eliz. Hil. 1 Jacobi ibid. to imprison him untill he hath yeelded to certain demands adjudged Treason and adjudged accordingly in the Lord Cobhams Case Arising to alter Religion established or any Lawe 39 Eli. Brads Case fol. 9 10. By all the Judges of England ibid. 10 Eliz. Plow 316 is Treason so for taking of the Kings Castles Forts Ports or shipping Brooke treason 24.3 4. Philip and Mary Dyer Staffords Case concerning Scarborough The Lawe makes not the servant greater then the Master nor the subject greater then the King for that were to subvert Order and Measure The Lawe is not knowne but by Usage 10 Eliz. Plow 319. and Usage proves the Law and how Usage hath beene is notoriously knowne The King is our only Rightfull and Lawfull Liege Lord and Soveraigne K. James 1 Jaco cap. 1. 9 Ed 4. fol. 8. Wee doe upon the knees of our hearts agnize constant Faith Loyalty and Obedience to the King and his Royall progeny in this high Court of Parliament where all the body of the Realme is eyther in person or by representation We doe acknowledge that the true and sincere Religion of the Church is continued and established by the King And do recognize as we are bound by the Law of God and Man the Realm of England and Imperiall Crowne thereof doth belong to him by inhaerent byrthright and lawfull and undoubted succession and submit our selves and our posterities for ever untill the last drop of our blood be spent to his rule and beseech the King to accept the same as the first fruits of our Loyalty and Faith to his Majesty and his Posterity for ever and for that this Act is not compleate nor perfect without his Majesties assent the same is humbly desired This proves that the Houses are not above the King that Kings have not their titles to the Crowne by the two Houses but by inhaerent byrth-right and that there can be no Statute without his expresse assent and destroyes the chymera of the Kings virtuall being in the Houses To promise obedience to the Pope 3 Jac. cap 4 23 Eliz cap 1. or any other State Prince or Potentate other then the King his Heires and Successors is Treason And therfore those persons who call the Houses the Estates offend this Lawe Such Bills as his Majesty is bound in Conscience and Justice to passe K. Charles Collection of Ordinances fo 727. 1 pgrs ibid. fol. 728. are no Lawe without his assent To designe the ruine of the Kings person or of Monarchy is a monstrous and injurious charge Vbi Lex non distinguit non est distinguendum ibid. fol. 865. all the aforesaid Acts and Lawes doe evidently prove the Militia to belong to the King that the King is not virtually in the two houses that the King is not considerable separately in relation to his politique capacity that the King is not a person trusted with a power but that it is his inherent byrth-right from God nature and lawe and that he hath not his power from the people These Lawes have none of those distinctions of naturall and politique abstractum concretum power and person in Caesars time this Island had Kings and ever since which is almost 17 hundred yeeres agoe No King can be named in any time made in this kingdome by the people A Parliament never made King for they were Kings before the Parliaments are summoned by the Kings Writts which for Knights Citizens and Burgesses begins thus viz. Rex vic Wilts Saltem Quia Nos de avisamento assensu Consilij nri pro quibusd arduis urgentibus negotiis