Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	book_n	king_n	write_v	2,703	5	6.2251	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A91355	Severall poysonous and sedicious papers of Mr. David Jenkins ansvvered. By H.P. barrester of Lincolnes Inne.	Parker, Henry, 1604-1652.; Jenkins, David, 1582-1663. Vindication of Judge Jenkins prisoner in the Tower, the 29. of Aprill, 1647.; Jenkins, David, 1582-1663. Cordiall of Judge Jenkins, for the good people of London.	1647 (1647)	Wing P422; Thomason E393_8; ESTC R201592	17,775	23

in all Causes then no Member of the Parliament nor the whole Parliament can suppose him or themselves superiour to the King but none can sit in Parliament c. Ergo ● I● no Act of Parliament binde the Subject without the Kings 〈◊〉 then there is no virtuall power in the Parliament without the Kings assent but no Act binds c. Ergo Out of these premises which this grave Gentleman judges to be ●rrefragable he concludes that the Parliament denies the King to be Supreame Governor nay to be any Governor at all in as 〈◊〉 as there is no point of government He sayes but th● Parliament for some yeers past have taken to themselves using the Kings name onely to abuse and deceive the people He saies further the Parliament pretends against the King because that he ha● left the great Counsell and yet the King desires to come to his great Counsell but cannot because he is by them kept 〈◊〉 at Holmby 〈…〉 he saies the Houses are guilty of pe●jur●as well as of the 〈◊〉 the people and rebelling against the King in as much as at the same time they swear him to be onely 〈◊〉 Governor and declare him to be in no condition to govern How easily these things may be answered and refuted let the world see 〈…〉 cannot be denyed but the Parliament sits by the Kings Writ nay if Statute Law be greater then th●● Kings Writ it cannot be denyed but the Parliament 〈◊〉 or ough● to 〈◊〉 by something greater then then the Kings 〈◊〉 And if it be confessed that the Parliament sits by the Kings Writ but does not Act by the Kings Writ then it must follow that the Parliament is a void vain Court and sits to no purpose nay it must also follow that the Parliament is of lesse Authority and of lesse use then any other inferiour Court Forasmuch as it is not in the Kings power to controul other Courts or to prevent them from sitting or Acting 2. This is a grosse non sequitu● the Kings power is in himself Ergo it is not derived to nor does reside virtually in the Parliament For the light of the Sun remains imbodied and unexhausted in the Globe of the Sun at the same time as it is diffused and displayed through all the body of the air and who sees not that the King without emptying himself gives Commissions daily of Oier and Terminer to others which yet he himself can neither frustrate nor el●de But for my part I conceive it is a great errour to infer that the Parliament has onely the Kings power because it has the Kings power in it for it seems to me that the Parliament does 〈◊〉 sit and act by concurrent power devo●ved both from the King and Kingdom And this in some things is more obvious and apparent then in others For by what power does the Parliament grant Subsedies to the King if onely by the power which the King gives then the King may take Subsedies without any grant from the Parliament and if it be so by a power which the people give to the Parliament then it will follow that the Parliament has a power given both by King and Kingdom 3. The sending Propositions to the King and des●ring his concurrence is scarce worth an Answer for Subjects may humbly petition for that which is their strict right and property Nay it may sometimes beseem a superior to prefer a suit to an inferior for matters in themselves due God himself has not utterly disdained to beseech his own miserable impious unworthy creatures besides 't is not our Tenet that the King has no power because he has not all power nor that the King cannot at all promote our happinesse because he has no just claim to procure our ruine 4. We affirm not that the Kings power is separated from his person so as the two Spensers affirmed neither do we frame conclusions out of that separation as the two Spensers did either that the King may be removed or misdemenors or reformed per aspertee or that the Subject is bound to govern in aid of him we onely say that his power is distinguishable from his person and when he himself makes a distinction betwixt them commanding one thing by his Legall Writes Courts and Officers and commanding another thing extra●udicially by word of mouth letters or Ministers we are to obey his Power rather then his Person 5. We take not from the King all power of pardoning Delinquents we onely say it is not proper to him quarto modo For if the King pardon him which has murdered my son his pardon shall not ●ut me off from my appeal and 't is more unreasonable that the Kings pardon should make a whole State which has suffered remedilesse then any private man So if the King should deny indemnity to those which in the fury of war have done things unjustifiable by the Laws of Peace and thereby keep the wounds of the State from being bound up 't is equiable that an Act of Indemnity should be made forcible another way And if this will not hold yet this is no good consequence the King is absolute in point of pardons therefore he is absolute in all things else and the Parliament has no power to discharge Delinquenties therefore it has no power in other matters 6 The Parliament has declared the King to be in no condition to govern but this must nor be interpreted rigidly and without a distinction for if the King with his sword drawn in his hand and pursuing the Parliament and their adherents as Rebels be not fit for all Acts of Government 〈◊〉 not hereby insinuated that he is 〈◊〉 o● the habit or righ● of governing 〈…〉 be unq●●●ified now 〈◊〉 is not 〈◊〉 for the future If he may not do things destructive to the Parliament he is not 〈◊〉 from returning to the Parliament or doing 〈◊〉 to the Parliament This is a frivelous civill and sub●erfuge 7 We swear that the King is our supreame Governor over all Persons and in all causes but we do not swear that he is above all Law nor above the 〈◊〉 of his people which is the end of the Law and indeed Paramou●t to the Law it self I● he be above all Law or lyable to no rest●aint of ou● Law then we are 〈…〉 the French or the T●●ks a●d if he be above the pri●e end of Law common safety then we are not so 〈…〉 the French or the Turks For if the totall subversion of the French or the Turk were attempted they might by Gods law imprinted in the book of nature justifie a self-defence but we must remedilesly perish when the King pleases to command our throats Besides how acheived the King of England such a Supremacy above all Law and the community it self for whose behoof Law was made If Gods donation be pleaded which is not speciall to him or different from what other Kings may pretend too then to what purpose serve our Laws nay to

what purpose serve the Laws of other Countreys for by this generall donation all Nations are condemned to all servitude as well as we If the Law of this Land be appealed to what Books has Mr. Jenkins read where has he found out that Lex Regia whereby the people of England have given away from themselves all right in themselves Some of our books tell us that we are more free then the French that the King cannot oppresse us in our persons or estates by imprisonment denying justice or laying taxes without our consents other books tell us that the safety of the people is the supreame law and that the King has both God and the Law for his Superior But all this is nothing to learned Mr. Jenkins 8. We admit that no Acts of Parliament are compleat or formally binding without the Kings assent yet this is still to be denyed that therefore without this assent particularly exprest the two Houses can do nothing nor have any virtuall power at all no not to examine Mr. Jenkins nor to do any other thing of like nature though in order to publick justice and safetie I have done and wish Mr. Jenkins would call in and lick up again his black infamous execrable reproaches so filthily vomited out against the Parliament The Reply of Judge Jenkins to Mr. H. P. AFter the said Mr. H. P. hath made a recitall of the Heads of my Vindication he deduceth his Answer unto eight Particulars To the first I Was examined by a Committee appointed by the House of Commons I say and said that the House of Commons have no power to examine me for that it is no Court every Court hath power to examine upon Oath this power the House of Commons never claimed 5 H 4 c. 3. The Court of Pie-Powders Court-Baron Hundred Court 3 H 6. 46. County Court and every other Court of Record or not of Record 19 H 6. 43. hath power to examine upon oath and an examination without Oath 35 H. 6. 5. is a communication onely examination in Law is upon oath There is no Court without a power of triall Sir Anthony Maynes case Cook 5. pars Reports Lit. 2. lib. Sect. 194. 6 H. 4. 1. the House of Commons hath no power to try any offence nor ever practised it by Bill Inditement Information Plaint or Originall to deduce it to triall nor to try it by Verdict Demurrer or Examination of witnesses upon Oath without which there can be no condemnation or judgement and that which can attain to no reasonable end the Law rejects as a thing inutile and uselesse Sapiens incipit à fine The Writ whereby they are called gives them power Ad faciendum consentiendum 4 pars Instit fol 4. 9. to what to such things Quae ibidem de communi Consilio ordinari contigerint viz. in the Parliament This makes nothing at all for a Court for the House of Commons that consilium which that Writ intends is cleared partly by the Writ for choosing Knights c. For the King by that Writ is said to resolve to consult and treat with the Prelates and Peers of the Kingdom for and touching the great concernments of the Common-wealth for the King never fits in the House of Commons and this also is made evident by the Writs to the Prelates Peers Judges and to his Councell at Law the words in their Writs are To appear and attend the Parliament Consilium impensure the one doth consulere the other facere consentire The House of Lords 7 H 6. 28. where the King fits in person assisted by his Lords 1 H 7. 20. Judges Serjeants Atturney Sollicitor Masters of the Chancery 14 E. 3. ca 5. is a Court of Record to many purposes set down in the books of the Law 1 Pa●s Instit pa. 21. and the Statutes of the Land and that Courts is onely in the House of Lords where the King sits A Court must either be by the Kings Patent Statute Law or by the Common Law Plowd Com. 319. which is common and con●●ant usage the House of Commons hath no Patent to be a Court nor S●●tute Law to be a Court nor common usage they have no 〈◊〉 Book but since E. 6. time was there ever Fine by the House of Commons e●treated into the Excheque● For murther o● Felony they can imprison no man much ●esse for Treason the House which cannot do the lesse cannot do the greater I● is ordained 25 E 3 c 4. that no man shall be imprisoned or put out of his Franchise by the King or his Councell 3 Car Petition of Right 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 is Magna Charta cap. 29 expounded and the said Magna Charta and Charta 〈…〉 are declared by the Statute of 25 E 1. 〈◊〉 to be the Common Law of the Land All Judges and Commissioners are to proceed Secundum legem consuetudinem Regni Angliae as appears by all proceedings in all Courts and by all Commissions and therefore the House of Commons by themselves proceeding not by Indictment Presentment 〈◊〉 Originall Writ have no power to imprison men or to put them out of their Franchi●e This no way trenches upon the Parliament 4 pars Instit pag 1 for it is in Law no Parliament withou● King and both Houses 3 Pars. Instit p. 3. I have onely in my Paper de●ivered to Mr. Corbet applyed my self to that Committee 12 H 7. 20. Prince case that they had no power to examine me but I never thought said or wrote that the Parliament had no power to examine me 8 Pars Cook 1 Pars 〈◊〉 p ●59 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 1 H 8 3 but the House of Commons of it self hath no such power Dier 38 H 8 60 For the Lord Cooks relation that the House of Commons have imposed 〈◊〉 1 P●●s Instit p 19 ● and imprisoned men in Queen E●●z●●ths time and since Few facts of late time never 〈…〉 power nor Court 4 〈◊〉 ●●stit ca. Parl. à 〈…〉 is no good 〈◊〉 for the words of the Statute of 6 H 8 c. 16 that a ●icence to dep●●t from the House or Commons for any Member thereof is to be entred of Record in the Book or 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 Laws Lex aliud tractans nil probat the word Record there mentioned is onely

a memoriall of what was done and entered 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 Recordari facias loquelam c. and yet the County-Court is no Court of Record and so for ancient Demesne Fi●●h Nat Br 13. in a Writ of false judgement the words are Recordari facias loquelam c. and yet the Court of ancient Demesne is no Court of Record 12 H 4. 23. and so of a Court Baron the Law and custome of England must be preserved 34 H. 6. 49. 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 Seal Sir Gi●es Mompesson Michel 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 Instit Tit. Parl. p. 23. where the House of Peers condemned Latimer in 50. E. 3. the Kings pardon freed him which shews cleerly that the Kings expresse or implyed assent must of necessity be had to make a Delinquent The Gentleman saith That the Parliament fits or ought to sit by something greater then 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 p. 4. 6. or by a Guardian of England by Patent under the Kings Great Seal the King being in remotis or by Commission under the Great Seal to certain Lords representing the Kings person and hath been thus in all Ages unto this Session of Parliament wherein his Majestie hath been pressed and hath passed two Acts of Parliament one for a Trienniall Parliament and another for a perpetuall 4 E 3. c. 14. if the Houses please to satisfie their desires 36 E. 3. c. 10. how these two Acts agree one with another and with Statute in E. the thirds time 21 I●c the Act of Limitation of Actions cap. 26. where Parliaments are ordained to be holden every yeer and what mischiefs 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 yeers and many other inconveniencies or greater importance is easie to understand How can any man affirm that the two Houses do act now by the Kings Writ which relates to counsell and Treaty with the King 4 pars Instit pa. 14. concerning the King the defence of his Kingdom and of the Church of England there are the three points which it tends to as appears by the Writ They keep their King prisoner at Holdenby 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 defend the Kings Kingdom or their kingdome When by their solemne League and Covenant 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 De●n and Chapter of Norwich to destroy and defend the Church are very contrary things the Church is not defended when they take away and sell the Lands of the Church The Gentleman saith The King cannot controll other Courts of Justice or prevent them from sitting or acting and therefore not the two Houses c. It is true the King cannot controll or prevent his other Courts for that they are his ordinarie Courts or common justice to administer common 〈◊〉 unto all men according to the fixed Laws The Houses make no Court without the King they are no body Co●porate without the King nor Parliament without the King they all make one corporate body one Court called the Parliament wherof the King is the head 4 Pars Instit p. 1. and the Court is in the Lords house where the King is present and as a man is no man without a head so the Houses severed from the King as now they are have no power at all and they themselves by levying War against the King and imprisoning of him have made the State for not dissolving adjourning or proroging this Parliament of no effect by the said Acts of their owne they sit to no purpose without his assent to their Bills they will not suffer him to consult with them and treat and reason with them whereby we may discerne what Bills are fit to passe and what not which in all Ages the Kings of this Land have enjoyed as their undoubted Rights and therefore they sit to no purpose by their owne disobedience and fault For the ordinary Courts at Westminster 27 H. 8. c. 24 28. H. 8 11. Dier the Iudges in all those Courts are Iudges by the Kings Patent or Writ otherwise they are no Iudges the Houses can make no Iudges they are no Iudges at all who are made by them the whole and sole power of making Iudges belongs to the King the King cannot controle or prevent his own Iudges from sitting or acting but the Houses he may for they are not the Kings Iudges but the Iudges of the two Houses 2 R 3. 11. In his other Courts the King commits his power to his Iudges by his patent and they are sworne to doe common right to all men and the King is sworne not to let them from so doing the King cannot judge in those Courts nor controule but the King is both Iudge and Controller in the Court of Parliament Quoad Acts for his assent or dissent doth give life or death to all Bils Many Lawyers have much to answer to God this Kingdom and to posterity for puzling the people of this Land with such Fancies as the Gentl who wrote the Answer to my Paper and others have published in these Troubles which hath bin none of the least causes of the raysing and continuing of them And so I have done with the first part of his answer A. D. 2. For the Non sequitur in the second Section of the Gent Answer the Antecedent and the Consequent are his own Quem recitas meus est ô Fidentine libellus Sed malè dum recitas incipit esse tuus My words are