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A87530 A looking-glasse for the Parliament. Wherein they may see the face of their unjust, illegall, treasonous and rebellious practices, 1 Against Almighty God. 2 Against their King. 3 Against the fundamentall lawes of the kingdome. 4 Against their own oaths and covenants. Argued betwixt two learned judges, the one remaining an exile beyond the seas, the other a prisoner for his allegiance and fidelity to his King and country. Jenkins, David, 1582-1663.; R. H.; Heath, Robert, Sir, 1575-1649, attributed name. 1648 (1648) Wing J595; Thomason E427_17; ESTC R202656 43,342 52

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name and by authority of the Kings highnesse and his heyres Kings of this Realme in all Shires Counties Counties palatine and other places of this Realme Wales and Marches of the same or in any other his dominions at their pleasure and wills in such manner and forme as Justices of Eire justices of Assise justices of Peace and justices of Goale-delivery be commonly made in every shire of this Realme any grants usages prescription allowance act or acts of Parliament or any other thing or things to the contrary thereof notwithstanding By the Statute of 1. Edw. 6. cap. 2. It is acknowledged that all authority of jurisdiction spirituall and temporall is derived and deducted from the Kings Majestie as supreame head of the Realme and that no Ecclesiasticall Court can be held within the Realme but by authority from his Majestie By the statute of 5. and 6. Edw. 6 cap. 11. It is recited Forasmuch as it is most necessary both for common pollicy and duty of the Subjects above all things to prohibit restraine and extinct all manner of shamefull slanders which might grow happen or arise to their sovereigne Lord the Kings Majestie which when they be heard seene or understood cannot but be odible and abhorred of all those sorts that be true and loving Subjects if in any point they may doe or shall touch his Majesty upon whom dependeth the whole unity and universall wealth of this his Realme c. By the Statute made in the second Parliament of the first yeare of Queene Mary cap. 1. It is acknowledged that the imperiall Crowne of this Realme with all dignities honours prerogatives authorities jurisdictions and preheminences whatsoever to the same united or annexed were descended unto Queen Mary and that by force and vertue of the same all regall power dignity honour prerogative preheminency and jurisdiction did appertaine and of right ought to appertaine unto her as to the soveraigne supreame governour and Queene of this Realme By the statute of primo Eliz. cap. 1. The Queenes right as belonging to the Crowne of England and are restored to her and the Oath of supremacie enacted and then made and by another Act made the same Parliament cap. 3. Intituled an Act of Recognition of the Queenes highnesse title to the imperiall Crowne of this Realme the whole Parliament acknowledgeth the Queenes right to the Crowne by lawfull discent and succession both by the lawes of God and the lawes and statutes of this Realme with all the rights prerogatives preheminencies and jurisdictions whatsoever belonging or appertaining to the same binding themselves therein by solemne oath to maintaine the title of her and her heyres thereunto Neither can I omit to remember that famous and never to bee forgotten Act of Recognition of his right to the Crowne of England made to King James our Kings Father in full Parliament in the first yeare of his reigne which that it may the more clearely appeare what it is I have here transcribed at large without addition or diminution of word or syllable as an Act to the observance whereof I am obliged and was bound in the loynes of myne Ancestors who were then representatively present in the same Parliament which act of Parliament is thus intituled A most joyfull and just Recognition of the immediate lawfull and undoubted succession descent and right to the Crowne The act it selfe is printed in the statutes at large in these words Anno primo Iacobi Regis Great and manifold were the benefits most deare and most gracious Sovereigne wherewith Almighty God blessed this Kingdome and Nation by the happy union and conjunction of the two noble houses of Yorke and Lancaster thereby preserving this noble Realme formerly torne and almost wasted with long and miserable dissention and bloody civill warres But more inestimable and unspeakable blessings are therby powred upon us because there is derived and growne from and out of that union of those two princely Families a more famous and greater union or rather a reuniting of two mighty famous and ancient Kingdomes yet anciently but one of England and Scotland under one imperiall Crowne in your most royall person who is lineally rightfully and lawfully descended of the body of the most excellent Lady Margaret eldest daughter of the most renowned King Henry the seaventh and the high and noble Princesse Queene Elizabeth his Wife eldest daughter of King Edward the fourth The said Lady Margaret being eldest sister of King Henry the eight Father of the high and mighty Princesse of famous memory Elizabeth late Queene of England In consideration whereof albeit we your Majesties most loyall and faithfull subjects of all estates and degrees with all possible and publique joy and acclamation by open Proclamations within few howres after the decease of our late Sovereigns Queene acknowledging thereby with one full voyce of tongue and heart that your Majestie was our onely lawfull and rightfull leige Lord and Sovereigne by our unspeakable and generall rejoycing and applause at your Majesties most happy Inauguration and Coronation by the affectionate desire of infinite numbers of us of all degrees to see your Royall Person and by all possible outward meanes have endeavoured to make demonstration of our inward love zeale and devotion to your excellent Majesty our undoubted rightfull leige Sovereigne Lord and King Yet as we cannot doe it too often or enough so can there be no meanes or way so fit both to sacrifice our unfained and hearty thankes to Almighty God for blessing us with a Sovereigne adorned with the rarest gifts of minde and body in such admirable peace and quietnesse and upon the knees of our hearts to Agnize our most constant faith obedience and loyalty to your Majesty and you royall Progenie as in this high Court of Parliament where all the whole body of the Realme and every particular member thereof either by person or by representation upon their owne free elections are by the lawes of this Realme deemed to be personally present To the acknowledgment whereof to your Majestie wee are the more deeply bounden and obliged as well in regard of the extraordinary care and paines which with so great wisedome knowledge experience and dexterity your Majestie fithence the imperiall Crowne of this Realme descended to you have taken for the continuance and establishment of the blessed peace both of the Church of England in the true and sincere Religion and of the Common-wealth by due and speedy administration of Justice as in respect of the gracious care and inward affection which it pleased you on the first day of this Parliament so lively to expresse by your owne words so full of high wisedome learning and vertue and so repleate with Royall and thankfull acceptation of all our faithfull and constant endeavours which is and ever will bee to our inestimable consolation and comfort We therefore your most humble and loyall subjects the Lords Spirituall and Temporall and the Commons in this present Parliament assembled doe from
the same that from henceforth no manner of person or persons whatsoever he or they be that attend upon the King and sovereigne Lord of this land for the time being in his person and doe him true and faithfull service of allegiance in the same or bee in other places by his commandement in his Warres within this Land or without that for the said deed and true duty of allegiance he or they be in no wise convict or attaint of high Treason ne of other offences for that cause by act of Parliament or otherwise by any processe of Law whereby he or any of them shall forfeit life lands tenements rents possessions hereditaments goods chattels or any other things but to be for that deed and service utterly discharged of any reparation trouble or losse And if any act or acts or other processe of the Law hereafter thereupon for the same happen to be made contrary to this Ordinance that then the act or acts or other processe of Law whatsoever they shall be stand and be utterly voyde provided alway that no person or persons shall take any benefit or advantage by this act which shall hereafter decline from his or their allegiance And Sir here I desire to know your opinion in your indifferent judgement upon this Law whether I need to sue out any pardon or compound for mine estate having done nothing but the duty of myne allegiance to my naturall King By the statute of 24. Hen. 8. cap. 12. It is expressed that by diverse sundry old authentique Histories and Chronicles it is manifestly declared that this Realme of England is an Empire and so hath been accepted in the World governed by one supreame head and King having the dignity and royall estate of the imperiall Crowne of the same unto whom a body politick compact of all sorts and degrees of people divided in tearmes and by names of spiritualty and temporalty beene bounden and given to beare next to God a naturall and humble obedience he being also instituted and furnished by Gods goodnesse with plenary whole and intire power preheminencie authority prerogative and jurisdiction to render and yield justice and finall determination to all manner of folkes resiants or subjects within this Realme in all causes matters debates and contentions happening or accruing within the lymits thereof By the statute of 26. Hen. 8. cap 1. It is declared in ●u●l Parliament that King Henry 8. was justly and rightfully ought to be supreame head of the Church of England and that he being their Sovereigne Lord his heyres and successors Kings of this Realme should be so accepted and taken and should have and enjoy as united and annexed to the imperiall Crowne of this Realme as well the title and stile thereof as all honours dignities preheminencies jurisdictions priviledges authorities immunities profits and commodities to the said dignitie of the same supream head of the said Church belonging or in any wise appertaining Which statute was confirmed and inlarged in some perticulars by the Acts of Parliament of 28. Hen. 8. cap. 10. and 35. Hen 8. cap. 1. By the Statute of 25. Hen. 8. cap. 22. the Parliament moved King Hen. 8. to foresee and provide for the profit and surety both of himselfe and of his most lawfull succession and heyres upon which depended all their joy and wealth and in whom they acknowledged was united and knit the onely meere true inheritance and title of this Realme without any contradiction wherefore wee say they your said most humble and obedient subjects in this present Parliament assembled calling to remembrance the great divisions which in times past have beene in this Realme by reason of severall titles pretended to the imperiall Crowne of the same which sometimes and for the most part ensued by occasion of ambiguity and doubts then not so perfectly declared but that men might upon froward intents expound them to every mans sinister appetite and affection after their sence contrary to the right legallity of succession and posterity of the lawfull Kings and Emperors of this Realme whereof hath ensued great effusion of mans blood as well of a great number of the Nobles as other of the subjects of the Realme c. By the statute of 27. Hen. 8. cap. 24. intituled an act for recontinuing of certaine liberties and franchises heretofore taken from the Crowne it is thus enacted 27. Hen. 8. where diverse of the most antient prerogatives and authorities of justice appertaining to the imperiall Crowne of this Realme have been severed and taken from the same by sundry gifts of the Kings most noble progenitors Kings of this Realme to the great diminution and detriment of the Royall estate of the same and to the hinderance and great delay of justice For reformation whereof be it enacted by authority of this present Parliament that no person or persons of what estate or degree soever they be of from the first day of July which shall be in the yeare of our Lord God 1536. shall have any power or authority to pardon or remit any treasons murders manslaughters or any kinde of follonies whatsoever they be Not any accessaries to any treasons murders manslaughters or fellonies or any utlayers for any such offences aforesaid committed perpetrated done or divulged or hereafter to be committed done or divulged by or against any person and persons in any part of this Realme Wales or the Marches of the same but that the Kings highnesse his heyres and successors Kings of this Realme shall have the whole and sole power and authority thereof united and knit to the imperiall Crowne of this Realme as of good right and equity it appertaineth any grants usages prescription act or acts of Parliament or any other thing to the contrary hereof notwithstanding Out of which statute I collect that no pardon whatsoever but the Kings can free me from his punishment if I have offended him against my allegiance by the reading of which Statute I doubt not but you will be satisfied that I neede not take a pardon from both houses of Parliament and if I should I can do my selfe no good by it but I should thereby make my selfe a traytor upon Record to mine owne perpetuall shame and ruine for every pardon you know if it be sued out before conviction is a confession of the fault and if pardon be not good in law ye● it being a matter of record the treason thereby stands confessed and the Kings Attourny may in after times take advantage of it because I have confessed it by suing out the pardon And it is also enacted by the authority of the said Parliament that no person or persons of what estate degree or condition soever they bee from the said first day of July shall have any power or authority to make any Justices of Oyre Justices of Assise Justices of Peace or Justices of Gaole-delivery but that all such officers and ministers shall be made by Letters patents under the Kings great Seale in the
the bottome of our hearts yield to the divine Majesty all humble thankes and praise not onely for the said unspeakable and inestimable benefits and blessings above mentioned but also that he hath further inriched your highnesse with a most royall progeny of most rare and excellent gifts and forwardnesse and in his goodnesse is like to increase the happy number of them And in most humble and lowly manner doe beseech your most excellent Majesty that as a memoriall to all posterities amongst the Records of your high Court of Parliament for ever to endure of our loyall obedience and hearty and humble affection It may be published and declared in this high Court of Parliament and enacted by authority of the same That we being bounden thereunto both by the lawes of God and man doe Recognise and acknowledge and thereby expresse our unspeakable joyes That immediatly upon the dissolution and decease of Elizabeth late Queene of England the imperiall Crowne of this Realme of England and of all the Kingdomes dominions and rights belonging to the same did by inherent birth-right and lawfull and undoubted succession descend and come to your most excellent Majesty as being lyneally justly and lawfully next and sole Heyre of the blood-royall of this Realme as is aforesaid and that by the goodnesse of God Almighty and lawfull right of descent under one imperial Crown your Majesty is of the Realmes and Kingdomes of England Scotland France and Ireland the most potent and mighty King and by Gods goodnesse more able to protect and governe us your loving subjects in all peace and plenty then any of your noble progenitors and thereunto we most humbly and faithfully doe submit and oblige our selves our heyres and posterities for ever untill the last drop of our bloods be spent And doe beseech your Majesty to accept the same as the first fruits in this high Court of Parliament of our loyalty and faith to your Majesty and your royall progeny and posterity for ever which if your Majesty shall be pleased as an argument of your gracious acceptation to adorne with your Majesties royall assent without which it can neither be compleat and perfect nor remaine to all posterity according to our most humble desires as a memoriall of your princely and tender affection towards us we shall adde this also to the rest of your Majesties unspeakable and inestimable benefits And by the statute of 3. Jaco cap. 4. by which statute the oath of allegiance is injoyned It is declared that if any person shall put in practice to absolve perswade or withdraw any of his Majesties subjects from their obedience to his Majesty his heires or successors or to move them or any of them to promise obedience to any other Prince State or Potentate that then every such person their procurers counsellers ayders and maintainers shall be adjudged Traytors And doe not the Parliament both in the first and third yeare of this King acknowledge King Charles nay even in the petition of Right and in every Parliament since to be their sovereigne Lord Can it then be doubted upon due consideration had of the fore-mentioned Acts of Parliament and the severall declarations made by the Parliaments of all ages that the right of the Crowne is an hereditary right and that King Charles is our lawfull Sovereigne Lord and supreame governour of the Realmes or that allegiance is not due to him from all states of this kingdome and from every one of his subjects within the same Surely no if you thinke that there can be any I desire you will please to returne me the legall reasous of your opinion therein upon consideration had of these Statutes and why the power of both Houses of Parliament is above the Kings neither are the prerogatives afore cited due to him by the acknowledgment recogniscions and declarations of Parliament onely but these are due unto him by the common fundamentall and municipall Lawes of this Realme according to the testimony of the learned Writers of the Law in all ages and by the continuall language and judgements of the Sages of the law in all preceding Kings Reignes since we have had Bookes and reports of the law published For first it appeares by the ancient Treatise called Modus tenend● Parliamentum which is a part of the Common law of the Land and as Sir Edward Coke 4. part of his Institutes page 12. observes was made before the Conquest and rehearsed unto King William at his Conquest who approved of the same and according to the forme of it held a Parliament as ti is reported to us in the yeare booke of 21. Ed. 3. fol. 60 that the King is Caput principium finis Parliamenti The King is the head the beginning and the end of the Parliament and by the booke of 21. Hen. 7 fol. 20. it is held that it is no statute if the King assent not to it and that the King may disassent and by Andrew Hornes Booke called the Mirrour of Justices which was written in the time of King Edward the second it is said that they are guilty of perjury that incroach any jurisdictions belonging to the King or ●alsifie their faith due to him Bracton who wrote in the time of King Henry the third a learned Author of the Lawes of England lib. 4. cap. 24 sect. 1. hath these words Rex habet potestatem jurisdictionem super ●mnes qui in Regnosuo sunt ea que sunt jurisdictionis pacis ad nullum pertinent nisi ad Regiam dignitatem habet etiam coertion●m ●t delinquentes puniat coerceat The King saith he hath power and jurisdiction over all men which are in his kingdom those things which are either of jurisdiction or peace belong to none but to the Kingly dignity he hath like wise a constraining power to punish delinquents and lib. 3. cap 7. he saith that Treasons felonies and other pleas of the Crowne are propriae causae Regis are causes belonging to the Kings punishment onely and in his fift Sect. of the same fourth booke saith thus Omnis sub Rege ipse sub nullo nisitantum Deo non est inferior sibi subjectis non parem habet in regno in English thus Every man is under the King and he under none but God alone he is not inferiour to his subjects he hath no peere in his Realme And in his fift booke in his third Treatise of default cap. 3. he saith thus Rex non habet Superiorem nisi Deum satis habet ad penam quod expectat Deum ultorem The King hath no Superiour but God alone and it is sufficient punishment for him because he must expect God to bee the revenger if he doe commit wrong It is said in Plowdens Commentaries fol. 234. That the King hath the sole government of his Subjects and fol. 213. as also in Calvins case That allegiance is due to the naturall body of the King and fol. 242. it is