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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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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 Printed in the Eighth yeer of the Parliaments Tyranny and Oppression 1648. To the Reader COURTEOUS READER WHosoever thou art that shalt peruse this insuing Discourse we desire thee to doe it with Candor and without prejudice of opinion before thou hast warily read it seriously consider it and advisedly weighed it and when thou hast so done if thou shalt approve of it practice it if thon doest not let us receive thy modest reproof in writing and informe us better by more learned and infallible Arguments of the truth in those grounds we have laid down to our selves and we shall hold our selves much obliged unto thee and remaine Studious to doe thee good D. I. R. H. Dated Feb. 7. An. D. 1648. A LOOKING GLASSE for the PARLIAMENT IVDGE SIR I Must confesse to you that I doe apprehend that there is a Legislative Power in the Parliament but I take it to be in sensu conjuncto not in sensu diviso in a sense when the KING is joyned to both Houses of Parliament not when he is divided from them either in his Will or Person For neither House by it self or both Houses together have Power to make a Law to binde the Subject without the Royall assent now the Legislative Power is nothing else but a Power to repeal old Lawes or to make new ones that shall binde the Subject neither can the KING by himself repeal any established or make any Law binding to the subject without the preparation or assent of both Houses not joyning with any one House make a Law or Ordinance to binde the other nor repeal any Law whatsoever and I am very confident you cannot shew me an authority in our Laws to the contaary But you will peradventure say That the KING will fully absent himself from both his Houses of Parliament and that thereupon his Power is inherent in and devolved to the Parliament If you should make this objection besides what you will finde hereafter expressed as touching this question the practice of all times shew the contrary for as on the one part if he be personally present with his Parl. yet he may be wilfully absent or absent in his will as if he answer to any bill promoted to him Le Roy s●avisera or the King will advise upon it it stands at present for a negation of the bill and thereby it is made incapable that Session to be an Act so on the contrary part if the King be absent from both Houses of Parliament in person hee may be present in his will that is if his person were at York and both Houses sitting at Westminster and they should send him Bills to signe which he should accept of and indorse this upon them Le Roy le Veut or the King wills this is an affirmation of those bills and makes them Acts of Parliament which not only proves that one or both Houses by themselves have not legislative power without the King for as to the making of Lawes they have but a preparatory power to frame and present bills for the Royall signature and approbation but also that if the King bee absent in person from them either willingly or by occasion of necessity his legislative power is not representatively lodged in or devolved unto one or both Houses of Parliament I will agree with that great lover of Parliaments and learned Father of the Law Sir Edward Cooke in the fourth part of his Institutes p. 6. That a Parliament cannot begin or be held but either in the Kings person or by representation By representation two wayes either by a Guardian of England by Letters-patents under the Great Seale when the King is in remotis out of the Realme or by commission under the Great Seale to certaine Lords of Parliament representing the Kings person he being within the Realme by reason of some infirmity so that we hereby conclude that the King is not represented in Parliament of common course but only by speciall Commission in one of these two causes in the first of which cases Edward Duke of Cornewall and Earle of Chester held a Parliament in 24. E. 3. for King Edw. the third And John Duke of Bedford brother and Lieutenant to the King and Guardian of England held a Parliament as Guardian of England in the fifth year of King H. the fifth and in the second case in 3. E. 4. a Parliament was begunne in the presence of the King and prorogued untill a further day And when William Arch-bishop of York the Kings Commissary by Letters-patents held the same Parliament and adjourned the same the cause of the said prorogation being because the King was inforced to goe into Glocestershire to represse a Rebellion there so in 28. Eli. Queen Elizabeth by her Commission did by her Letters-patents authorise John Whit gift Arch-bishop of Canterbury William Baron of Burleigh Lord Treasurer and Henry Earle of Darby to begin hold and prorogue a Parliament and this Commission is entred in the Journall booke of the Lords house over which is written Domina Regina representatur per comissionarios viz. That our Lady the Queene is represented by her Commissioners which precedents in both cases plainely prove that the King is not of course representatively in Parliament nor his power lodged there but by his speciall Commissions or Letters Patents which may suffice as to this point but for those parts of your motives that the power of both Houses is above the Kings you shall find answered unto hereafter And whereas you write that the Scots have delivered up the King and that he is a Prisoner and his Person at their disposition that the City and Parliament are united that the whole strength of the Kingdome is in their hands that Bishops will be rooted out their Lands sold and Presbyterian government setled which I conceive you alledge as arguments to perswade me to compound and take the Oathes you mention these are rather arguments of force and fraude by all zealous lovers of honour Justice and Piety to be resisted and withstood then of truth and reason tobe submittd unto and looke more like arguments of Sutors Hill then Westminster Hall but if you lay them before me as perswasions of feare and terrour I answer you in the words of King David that you may see how vaine these conceits are Psal. 2. The Princes of the earth stand up and take councell against the Lord and against his Anoynted saying Let us breake their bonds asunder and cast away their cords from us he that dwelleth in Heaven shall laugh them to scorne
the Lord shall have them in derision he shall bruise them with a Rod of Iron and breake them in peeces like a Potters Vessell Be wise now therefore O yee Princes be learned O yee that are Judges of the Earth What though many Ox●n are come about the King and fat Bulls of Rasan have closed him in on every side that gape upon him with their mouthes as if they were ramping and roaring Lions was not this good King Davids case Psal. 22. 12. was not he hunted after by Saul to destroy his life as a man hunteth after a Partridge in the Mountaines 1 Sam. 26. 20. did not his enemies lie waiting in his way on every side turning their eyes downe to the ground Like as a Lion that is greedy of his prey and as it were a Lions Whelpe lucking in secret places Psal. 17. 11. 12. They spake against him with false tongues compassed him about with words of hatred fought against him without a cause Psal. 109. 3. And Davids enemies kept him Prisoner too as out King is for they compassed him about Psal. 140. 9. Nay he complaines more heavily they that hate me without a cause are more then the haires of mine head they that are mine enemies and would destroy me guiltlesse are mighty Psal. 69. 4. Yet what of all this Are not there many promises held forth in the holy Scriptures to us that may assure a man of the smallest faith that the King shall be reestablished in his Throne and his enemies confounded for David assures us there is verily a reward for the righteous Doubtlesse there is a God in Heaven that judgeth in the earth Psal. 58. 11. and Psal. 9. The Lord is knowne by executing judgement the wicked shall be shared in the works of their owne hands for the poore shall not be alwaies forgotten the hope of the afflicted shall not perish for ever and to prove this he affirmes by way of evidence Psa. 27. 2. When the wicked even mine enemies and my foes came upon me to eate up my flesh they stumbled and fell and Psal. 30. He shewes his deliverance by his thanksgiving in these words I will magnifie thee O Lord for thou hast set me up and not made my foes to triumph over me thou hast turned my heavinesse into joy thou hast put off my sackcloth and gi●ded me with gladnesse How then can I dispaire of our Kings deliverance and victory I hope I may without offence say that I beleeve our King is a parallell to David in his vertues and the justice of his Cause and therefore shall with David Psal. 21. conclude this point The King shall rejoyce in thy strength O Lord exceeding glad shall he be of thy salvation thou shalt give him his hearts desire and wilt not deny him the request of his lips and why Because the King putteth his trust in the Lord and in the mercy of the most highest he shall not miscarry And for the latter part of your Argument which is that either the King will signe the Propositions and so mine estate will be confiscated or if he doe not the Parliament will doe it by their Ordinances without him I answer that I feare not his Majesties consent to give away the estates of his Loyall Subjects but if he be a Prisoner as you signifie unto me by your letters that he is I feare not much that his assent to the Propositions can take away mine estate neither doe I hold it a peece of wisdome to presse his consent perdures to such Propositions for you that are learned in the Lawes know that such consent is not any way binding at all amongst common persons a fortiori in the Kings cause And for their disposing of mine estate by Ordinance without the Kings consent I must deale plainely with you it terrifieth me not at all for I am cleerely of opinion that no Ordinance without the Kings consent is binding to the people or can alter any property that I have in mine estate by the Fundamentall Lawes of the Land And if the King should consent to such an Ordinance it were onely binding till the first Sessions of the next Parliament and then to dye of it selfe if not againe revived which if I thought you doubted of I would take the paines to cleare it by citing you authorities sufficient in the point whereupon I doubt not but you wil infer that there can be no good assurance or sale made of the Bishops lands by Ordinance without the Kings Royall and personall assent nor that both or either House of Parliament can dispose of his Royall person by any Law of the Land and I hope God will never permit them to dispose of him otherwise then to re-establish him in his Throne againe and invest him with all his Royall powers and interests which by the knowne Lawes of the Land are due unto him and to make him a glorious King according to their severall Declarations Protestations oaths of Supremacie and Allegiance and according to their solemne League and Covenant all which Protestations Oaths and Covenants every Member of both Houses either by the Lawes or by their owne Orders hath or ought to take Now as concerning the Covenant if I understand it aright the principall ends of it are the setling of Presbyterian government in the Church the extirpation of Episcopacy the right and priviledges of Parliament the preservation of the Kings Majesties person and authority which is qualified with a clause of equivocation viz. in the maintenance of the true Religion and liberties of the Kingdome to bring Incendiaries and malignants or evill instruments to condigne punishment and lastly to assist and defend all those that joyn in that League and Covenant to the ends and purposes aforesaid These being the ends of the Covenant it is expedient that I should consider whether it be lawfull to take any Covenant tending to these ends for I will not dispute the legality or illegality of taking of Covenants in generall but whether without my King and his confirmation I may make any Covenant at all with any sort of people in this Land especially to abrogate any knowne and established Law of the Land Now to pull downe that government of Episcopacy which is established by divers acts of Parliament in this Kingdome to set up Presbyterian by force of Armes which is inconsistent with the Laws and Statutes of this Realme and without the Kings consent who by his office of divine appointment is the nursing father of the Church as Isaiah 49. 22. and by the Statutes of this Land acknowledged to be supreame Moderator and governour of the Church and Kingdome as hereafter is more at large declared I very much doubt and scruple whether I may doe it and the rather for this cause for feare lest joyning in an unlawfull Covenant haply I be found to fight against God as it was said in the case of the Apostles Act. 5. 30. for if I enter into
Lord of the Realme in the statutes made at Gloucester in the sixth yeare of the raigne of King E. 1. King Edw. 1 is acknowledged by the Parliament to bee their soveraigne Lord and so was King Edw. 2. King Edw. 3. King Rich. 2. and all the Kings since by all Parliaments held in their severall raignes as to the studious Reader of the Acts of Parliament made in their severall times will appeare by a Parliament held at Westminster Anno 7. Edw. 1. It is acknowledged to belong to the King through his royall signiory streightly to defend force of armour and all other force against the peace of the kingdome at all times when it shall please him and to punish them which shall do contrary according to the lawes and usages of this Realme and that thereunto they were bound to ayde him as their soveraigne Lord at all seasons when need should be In the raigne of King Edw. 2. The two Spencers Hugh the father and Hugh the sonne to cover the treason hatched in their hearts invented this damnable and damned opinion as it i● stiled in Calvines case That homage and oath of legeance was more by reason of the Kings Crowne that is his politique capacity then by reason of the person of the King upon which opinion they inforced execrable and detestable conseque●●s First that if the King do not demeane himselfe by reason in the right of his Crowne the Peers are boundly oath to remove the King Secondly seeing the King could not be removed by suit of law that ought to be done by Aspertee which is as much as to say by force and war Thirdly that his Lieges were bound to governe in ayde of him and in default of him All which opinions were condemned by two Parliaments one held in the raigne of King Edward the second the other in the first yeare of King Edward the third cap. 1. as by the old printed statutes appeares by the statutes of 25. Edw. 3. cap. 2 It is ordained that if a man shall compasse or imagine the death of our soveraigne Lord the King or of my Lady his Queene or of his eldest sonne or if any man levy warre against the King in his Realme or bee adhered to the Kings enemies giving to them ayde or comfort in the Realme or elsewhere c. It shall be judged Treason It is reported to us by Sir Edward Coke in the fourth part of his Institut called The jurisdiction of Courts pag. 52. That Rot●l● Parliament Anno 17. Edw. 3. num 23. It was then agreed in Parliament that the statute made 15. Edw. 3. should be repealed and lose the name of a statute as contrary to the Lawes and prerogative of the King It appeares Rot. Parlia. 42. num 7. called Lex ●● consuetudo Parliamenti cited by Sir Edward Coke in the fourth part of his Institutes pag. 13. 14. That the Lords and Commons in full Parliament did declare that they could not assent to any thing in Parliament that tended to the disherison of the King and his Crowne whereunto they were sworne By the statute of 16. Rich. 2. cap. 5. King Richard the second is by the Parliament called their Redoubted soveraigne Lord and the people his liege people and by Parliament in the body of that Act It is acknowledged that the Crowne of England hath beene so free at all times that it hath been in subjection to no Realme but immediately subject to God and to none other in all things touching the regall●ty of the same Crownel notwithstanding that afterwards warres was lovyed against him by his subjects and he was against all Law and right deposed or enforced to make a surrender of his Crowne or at least they pretended he did so though some Hystorians doubt whether he ever consented to it being murthered to make way for King Hen. 4. who had very small pretents to the Crowne as men learned in the lawes of this Realme have in all time since held which kind of disposing of the Kings person I hope and beleeve is not meant by them and which horrid act though it gave some present security to some particuler persons that were then active in his destruction yet it cost this kingdome in generall very deare in the expence of blood and treasure in the succeeding times by bloody civill warres wherein the decay of men by those warrs was so great that many judicious Historians are of opinion that the number of men lost in those warres was not recruited or made up by a following progeny till the beginning of King James his raigne and it is to be feared that this blood is not expiated and dryed up in this land The gates of Janus Temple being opened both without the kingdome and within for the space of an hundred yeares and upwards till by Gods great goodnesse there came to be an union of the rights of the two houses of York and Lancaster to the Crowne of England in King Hen. 7. and Queene Elizabeth his wife though that till neare the middle of his raigne the sword was not altogether sheathed but there were some counterfeit pretenders to the Crowne which stirred the unconstant multitude to sundry rebellions which after some time of rest from those civill broyles The King Lords and Commons in Parliament upon full experience and consideration of the troubles past for the prevention of the like in future times thought fit to revive the ancient lawes of the Realme and to declare that by act of Parliament which was and had beene a fundamentall law of the Land and was before part of the common law thereof to enact and declare in the eleventh yeare of the said Kings reigne in the first chapter of the statutes made in Parliament in the said yeare in these words Anno Vndecimo Henrici septimi The King our sovereigne Lord calling to his remembrance the duty of allegiance of his subjects of this Realme and that they by reason of the same are bound to serve their prince and sovereigne Lord for the time being in his warres for the defence of him and the land against every rebellion power and might raised against him and with him to enter and abide in service in battaile if case so require and that for the same service what fortune ever fall by chance in the same battaile against the minde and will of the Prince as in this land sometimes passed hath been seene that it is not reasonable but against all lawes reason and a good conscience that the said subjects going with their sovereigne Lord in Warres attending upon him in his person or being in other places by his commandement within this Land or without any thing should lese or forfeit for doing their true duty and service of allegiance It is therefore ordeyned enacted and established by the King our sovereigne Lord by the advice and assent of the Lords Spirituall and Temporall and Commons in this present Parliament assembled and by authority of