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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A65018 The vindication of Judge Jenkins prisoner in the Tower, the 29. of Aprill, 1647 Jenkins, David, 1582-1663. 1647 (1647) Wing V479A; ESTC R202708 4,324 10

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opinion that homage and Oath of Ligeance was more by reason of the Kings Crowne that is of his politicke capacity then by reason of the person of the King upon which opinion they inferred 3. execrable and detestable consequences 1. If the King doe not demeane himselfe by reason in the right of his Crowne his lieges are bound by Oath to remove the King 2. seeing that the King could not be reformed by suit of Law that ought to be done per aspertee that is by force 3. That his lieges be bound to governe in aid of him and in default of him All which were condemned by two Parliaments one in the raigne of Edw. 2. called exilium Hugonis le Spencer and the other in Anno 1. Edw. 3. cap. 2. And that the naturall body and politicke makes one indivisible body and that these two bodies incorporate in one person make one body and nor divers is resolved as the Law of England 4. Eliz. Ploydon Com. fol. 213. by Sir Cobert Catlin Lord Chiefe Justice of England Sir Iames Dier Lord chiefe Justice of the Common Please the Lord Sanders Lord Chiefe Baron of the Exchequer and by the rest of the Judges viz. Justice Rastall Justice Browne Justice Corbet Justice Weston Baron Frevyll Conne and Pewdrell Sergeant Gerrard Atturny Generall Carell Atturry of the Dutch Plowdon the learnedest man of that age in the knowledge of the Law and Customes of the Realm 8. The Law in all ages without any controversie is and hath beene That no Act of Parliament bindes the Subjects of this Land without the assent of the King either for Person 9. Hen. 3. Magna Charta So in every age till this day in every Kings time as appeares by the Acts in Print 1 part of the Instit Sect. 234. in fine where many of the Law-Bookes are cited 7 Hen. 7. 14. 12. of Hen. 7. 20. Lands Goods or Fame No man can shew any sillable letter or line to the contrary in the bookes of the Law or printed Acts of Parliament in any age in this Land If the vertuall Power be in the Houses there needes no assent of the Kings The stiles of the Acts printed from 9. Hen. 3. to 1. Hen. 7. were either The King ordaines at his Parliament c. or the King ordaineth by the advice of his Prelates and Barons and at the humble Petition of the Commons c. In Hen. 7. his time the Stile altered and hath sithence continued thus It is ordained by the Kings Majesty the Lords spirituall and temporall and Commons in this present Parliament assembled So that always the Assent of the King giveth the life to all as the soul to the body and therefore our Law-Bookes call the King the Fountaine of Justice and the life of the Law 9. Mercy as well as Justice belongs by the law of the Land only to the King 2 Hen. 4. Cap. 22. 4 pars instit 42. Mr. Prin in his Treatise of the great Seale Fol. 17. 27. Hen. 8. ● Chap. 24. This is confessed by Mr. Prynn and it is so without any question The King can only pardon and never more cause to have sufficient pardons then in such troublesome times as these and God send us pardons peace None can give any pardon but the King by the Law of the Land the whole and sole power of pardoning Treasons and Felonies belongs to the King are the words of the Law and it is a delusion to take it from any other and utterly invalid 27. H. 8. Cap. 24. 10. Queen Elizabeth summoned her first Parliament to be held the 23 of Jan. in the first yeare of her Majesties Raigne The Lords and Commons assembled by force of the same writ the 23 day the Queene fell sicke and could not appeare in her person in Parliament that day and therefore prorogued it untill the 25. of the same Month of January Resolved by all the Iudges of England 3 of Eliz. Dier 203. that the Parliament began not the day of the returne of the writ viz. the 23 of Ianuary when the Lords and Commons appeared but the 25 of the said moneth when the King came in person which sheweth evidently that this virtuall presence is a meere deluding fiction that hath no ground in Law reason or sense They have the King now a prisoner at Holmby with guards upon him and yet they governe by the vertuall Power of their Prisoner These are some few of the causes reasons which moved me to deliver that paper to M. Corbet which I am ready to justifie with my life and should hold it a great honour to die for the honorable and holy Lawes of the Land That which will save this Land from destruction is an Act of Oblivion and His Majesties gracious generall pardon the Souldiers their Arriers and every man his owne and Truth and Peace established in the Land and a favourable regard had to the satisfaction of tender Consciences Aprill 29. 1647. David Ienkins