Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	bishop_n	church_n	succession_n	2,569	5	10.4652	5	false

Text snippets containing the quad

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

Court Plowd Com. 319. nor Statute Law to be a Court nor common usage they have no Iournall Book but since E. 6. time was there ever Fine by the House of Commons estreated into the Exchequer For murder or Felony they can imprison no man much lesse for Treason that House which cannot doe the lesse cannot doe the greater It is ordained 25. E. 3. c. 4.3 Car. Petition of Right that no man shall be imprisoned or put out of his Franchise by the King or his Councell but upon Indictment or presentment of his good and lawfull Neighbours where the deed is done or by originall Writ at the Common Law and so is Lex terrae the Law of the land mentioned in Magna Charta cap. 29. expounded and the said Magna Charta and Charta de Foresta are declared by the Stat. of 25. E. 1. c. 1. to be the Common Law of the Land All Iudges and Commissioners are to proceed Secundum legem consuetudinem Regni Anglia as appeares by all proceedings in all Courts and by all Commissions and therefore the House of Commons by themselves proceeding not by Indictment Presentment or Originall Writ have no power to imprison men or put them out of their Franchise This no way trenches upon the Parliament for it is in Law no Parliament without King and both Houses 4 pars Instit pag. 1. 3 Pars Instit p. 23. I have only in my Paper delivered to Mr Corbet applyed my selfe to that Committee that they had no power to examine me 12. ● 7.20 Princes case 8 Pars Cook 1 Pars Instit p. 159. 14. H. 8.3 Dier 38. H. 8.60 1 Pars Instit p. 19. b. but I never thought said or wrote that the Parliament had no power to examine me the Law and custome of this Land is that a Parliament hath power over my life liberty lands and goods and over every other subject but the House of Commons of it selfe hath no such power For the Lord Cooks relation that the House of Commons have imposed Fines and imprisoned men in Queen Elizabeth time and since Few facts of late time never questioned make no legall power nor Court 4 Pa. Instit ca. Parl. à facto ad jus is no good argument for the words of the Statute of 6. H. 8. c. 16. that a licence to depart from the House of Commons for any Member thereof is to be entred of Record in the Book of the Clark of the Parliament appointed or to be appointed for that House doth not conclude that the House of Commons is a Court of Record For first that Law of 6. H. 8. c. 26. handles no such question as that whether the House of Commons be a Court it is a maxime in all Lawes Lex aliud tranctans nil probat the word Record there mentioned is only a memoriall of what was done and entred in a Book A Plaint removed out of the County-Court to the Court of the Common-Pleas hath these words in the Writ of remove Fitzh Nat. Br. 70. Fitzh Nat. Br. 13. 12. H 4.23 34. H. 6.49 Recordari facias loquelam c. and yet the County-Court is no Court of Record and so for ancient Demesne in a Writ of false judgement the words are Recordari facias loquelam c. and yet the Court of ancient Demesne is no Court of Reco●d and so of a Court Baron the Law and custome of England must be preserved or England will be destroyed and have neither Law nor custome Let any man shew me that the Court of Lords or the House of Commons in any age hath made any man a Delinquent Rege dissentiente the King contradicting it under his Great Seale Sir Giles M●mpessau Michell and others of late were condemned by the prosecution of the House of Commons in King James his time did King James ever contradict it And so of ancient times 4 Pars Inslit Tit. Parliam pag. 23. where the House of Peeres condemned the Lord Latimer in 50. E. 3. the Kings pardon freed him which shewes cleerly that the Kings expresse or implyed assent must of necessity be had to make a Delinquent The Geatleman saith That the Parliament sit● or ought to sit by something greater th●n the Kings Writ c. No Parliament did ever sit without the Kings Writ nor could ever Parliament begin without the Kings presence in person 4 Pars Instit pag. 4. 6. or by a Guardian of England by pacent under the Kings Great Seale the King being in re●●ti● or by Commission under the Great Seale to certaine Lords representing the Kings person and it hath been thus in all Ages unto this Session of Parliament wherein his Majesty hath been pressed and hath passed two Acts of Parliament one for a Triennall Parliament and another for a perpe●uall if the Houses please to satisfie their desires ●ow these two Acts agree one with another and with the Statute in E. the thirds time where Parliaments are ordained to be holden every yeare 4 E. 3. c. 14. 36. E. 3. c. 10.21 Iac. the Act of Limitation of Actions cap. 26. and what mischiefes to the people of this Land such length of Parliaments will produce by protections and priviledges to free them and their meniall servants from all debts during their lives if they please to continue it so long and how destructive to mens actions against them by reason of the Statute of Limitations which confines their actions to certain years and many other inconveniences of greater importance is easie to understand How can any man affirm that the two Houses doe act now by the Kings Wrie which relates to Counsell and Treaty with the King concerning the King the defence of his Kingdome and of the Church of England 4 Pars Instit p. 14. these are the three points which it tends to as appeares by the Writ They keep their King prisosoner at Holnby and will not suffer him to consult and treat with them Vow and Covenant p. 11. They have made a Vow and Covenant to assist the Forces raised and continued by both Houses against the Forces raised by the King without their consent and to the same effect have devised the Oath which they call the Negative Oath Is this to to defend the Kings Kingdome or their Kingdome When by their Solemn League and Covonant they extirpate Bishops Deanes and Chapters root and branch is this to defend the Church of England that Church must necessarily be meant that was the Church of England when the said Writ bore test they were not summoned to defend a Church that was not in being 3 Pars Cook● Deane and Chapter of Norwich to destroy and defend the Church are very contrary things the Church is not desended when they take away and sell the Lands of the Church The Gentleman saith The King cannot contr●le other Courts of Justice or prevent them from sitting or acting and therefore not the

doe upon the knees of our hearts ag●ze 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 doe recognize as we are bound by the Law of God and Man the Realme of England and the Imperiall Crowne thereof doth belong to him by inherent byrth-right 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 posteritie for ever and for that this Act is not compleat 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 inherent byrth-right and that there can bee no Statute without his expresse assent and destroyes the chymera of the Kings virtuall being in the Houses To promise obedience to the Pope or any other State Prince or Potentate 3 Jac. cap. 4 other then the King his Heires and Successors is Treason and therefore 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 pars ib. fol. 728. are no Law without his assent To designe the ruine of the Kings person or of Monarchy is a monstrous and injurious charge Vbi Lex non distinguit ibid fol. 865. non est distinguendum all the aforesaid Acts and Lawes doe evidently prove the Militia to belong to the king that the king is not virtnally 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 hee 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 kingdom by the people A parliament never made king for they were kings before the Parliaments are summoned by the kings Writs which for Knights Citizens and Burgesses begins thus viz. Rex vic Wilis Saltem Quia Nos de avisamento assensu consilij nri pro quibus arduis urgentib negetiis nos statum defensionem Regninri Aug. Eccles Anglic. concernentibus quoddam Parliamentum urum apud B. teneri ordinavimus ibid cum Prelatis Magnatib proceribus dicti Regni uri Colloqui habere tractatum ipsi Vicecomiti precipimus firmiter injungendo qd facta Proclamatione in prox Comitatu tuo post receptionem ejusd Brevis dues Milites gladiis cinctos c. eligi facias ad faciendum consentiendum hiis quae tunc ibidem de Communi Concilio nro Angl faventi De● contigerit ordinari super Negotiis antedictis ita quod pro defectis potestatis hujusmodi seu propter improvidam electionem Milium Civium Burgensium pred dicta negotia ura infecta non remanerent The King is Principium caput finis Parliamenti the body makes not the head 4 pars Instit fol. 3 4. nor that which is posterior that which is prior concilium non est Preceptum conciliarij non sunt Praeceptores for Counsell to compell a consent hath not beene heard of to this time in any age and the house of Commons by the writt are not called ad concilium the Writts to the twelve Judges Kings Councell twelve Masters of the Chancery are concilium impensuri and so of the Peeres The writts for the Cominalty Ad faciendum consentiendum Which shewes what power the representative body hath they have not power to give an oath neither do they claime it The Oath of the Justices 18 of E. 3. among Statutes of that yeere The King at all times when there is no parliament in Parliament is assisted with the advice of the Judges of the Lawe 12 in number for England at least hath 2 Sergeants when fewest an Attorny and Solicitor twelve Masters of the Chancery his Councell of State consisting of some great Prelates and other great Personages versed in State affaires when they are fewest to the number of twelve All these persons are alwaies of great substance which is not preserved but by the keeping of the Lawe The Prelates versed in divine Lawe the other Grandees in affaires of State managery of Government The Judges Kings Sergeants Attorny Sollicitor and Masters of the Chancery versed in the Lawe and Customes of the Realme All sworn to serve the King and his people justly truly the King is also sworn to observe the Laws and the Judges have in their Oath a clause That they shall do common right to the Kings people according to the established Laws not withstanding any command of the King to the contrary under the Great Seale or otherwise The people are safe by the Lawes in force without any new The Law finding the Kings of this Realme assisted with so many great men of Conscience Honour and skill in the rule of Common-wealth knowledge of the Lawes and bound by the high and holy bond of an Oath upon the Evangelists settles among other powers upon the King a power to refuse any Bill agreed upon by both Houses and power to pardon all offences to passe any Graunts in his Minority there are many great persons living hold many a thousand pound a yeare by Patents from Edward the sixt passed when he was but ten yeares of age not to be bound to any Law to his prejudice whereby he doth not binde himselfe power of warre and peace coyning of Money making all Officers c. The Lawe for the reasons aforesaid hath approved these powers to be unquestionable in the King and all Kings have enjoyed them till 3. Nov. 1640. It will bee said notwithstanding all this fence about the Lawes the Lawes have beene violated and therefore the said powers must not hold the two Houses will remedy this The answere to this is evident There is no time past nor time present nor will there bee time to come so long as men mannage the Lawe but the Lawes will be broken more or lesse as appeares by the story of every age All the pretended violations of this time were remedied by Acts to which the King consented before his departure 10. Jan. 1641. being then driven away by Tumults And the Houses for a yeere and almost three Moneths From 3. Nov. 1640 to 10