7 Ob. as King is present in his Parliament as well as in all other his Courts of Justice howbeit he is not there In his other Courts of Justice he hath no voyce Sol. he is none of the Judges in the Parliament he hath if his presence be not necessary his voyce is not nor his assent The originall prime legislative power of making Lawes 8 Ob. Soveraigne power of Parliaments 4â— 44 Sol. to binde the Subjects and their posterity rests not in the King but in the Kingdome and Parliament which represents it Master Prinne in the same lease affirmes and truly that the Kings assent is generally requisite to passe Lawes and ratifie them the King is the Head of the Kingdome and Parliament how then can a Body act without a Head A major part of a Corporation bindes 9 Ob. therefore the major part in Parliament and so of by Lawes The Corporation is so bound Sol. either by the Kings Charters or by prescription which sometimes had the Kings concession but prescription and Law and practise alwaies left the King a negative voyce The King cannot alter the Bills presented to him by both Houses 10 Ob. go. True Sol. but the King may refuse them Acts of Parliament and Lawes ministred in the Reignes of Usurpers 11 Ob. binde rightfull Kings g o What is this to prove the two Houses power only which is the question Sol. A King de facto must be obeyed by them who submitted to him and they are his Subjects by their submission and not Subjects de facto to the true King 9 Ed. 4. and such being Traytours and Rebells to the Regent King having renounced the true King when the lawfull King is restored may be punished by him for their Treason against the Usurper But here is a King still in both cases and the proceedings at Law holds the Judges having their Patents from the being Kings in the Reignes of Kings de facto or de jure for all Kings are bound and sworne to observe the Lawes A King dyes without Heire 12 Ob. is an Infant non compos mentis c. the two Houses may establish Lawes g o There is no Inter-regnum in England Sol. as appeares by all our Bookes of Law and therefore the dying without Heire is a vaine supposition and by their principle he is considerable in his politick capacity which cannot dye at all The Protectour assisted by the Councell of the King at Law his twelve Judges the Councell of State his Attorney Solicitor and two Sergeants at Law his twelve Masters of the Chancery hath in the Kings behalfe and ever had a Negative Voyce but what is this to the present question We have a King of full age of grear wisdome and judgement the power of the two Houses in such a case to be over the King cannot be showne The King cannot disâ—assent to publique and necessary Bills for the common good 13 Ob. g o Nor ever did good King Sol. but who shall be judge whether they be publique and necessary The major part in either of the Houses for passing of Bills so pretended may be but one or two voyces or very few and perhaps of no judicious men is it not then fitter or more agreeable to reason that his Majesty and Councell of State his twelve Judges his Sergeants Attorney and Solicitor twelve Masters of the Chancery should judge of the conveniency and benefit of such Bills for the publick good rather then a minor of which sort there may be in the Houses or a weake man or a few who oftentimes carry it by making the major part which involves the consent of all Let reason determine The Kings of England have been elective 14 Ob. and the King by his Coronation Oath is bound to maintaine justas leges consuetudines quas vulgas elegerit g o Popery hath been in the Kingdome Sol. and therefore to continue it still will not be taken for a good argument when things are setled for many ages to looke back to times of confusion is to destroy all repose The Act of Parliament of the first of K. James Chapter the first and all our extant Lawes say that the Kings Office is an heritage inherent in the bloud of our Kings and their Birth-right And Usurpers that come in by the consent of the people â— Ed. 4. c. 1 are Kings de facto but not de jure as appeares by the Acts of Parliament declaring them so and by all our Law-bookes and the fundamentall constitution of the Land Regall power is hereditary and not elective For the words vulgus elegerit if vulgus be applyed to the House of Commons 1 Hen 7. they of themselves can make no Lawes The Peeres were never yet termed vulgus but allowing they be so called the Lawes to be made be just and who is fit to judge thereof is before made evident Customes cannot referre to future time 15 Ob. and both are coupled Lawes and Customes Princes have been deposed and may be by the two Houses g o The deposers were Traytours Sol. as appeares by the resolution of all the Judges of England Coke Chap. Treason in the second part of the Institutes And never was King deposed but in tumultuous and mad times and by the power of Armies and they who were to be the succeeding Kings in the head of them as Edward the third and Henry the fourth The appeale to the Parliament for errours in Judgements in all Courts is frepuent 16 Ob. g o This is onely to the House of Lords Sol. and that is not the Parliament the House of Commons have nothing to doe therewith and in the House of Peeres if a Writ of Errour be brought to reverse any judgement there is first a Petition to the King for the allowance thereof and the reason of the Law in this case is for that the Judges of the Land all of them the Kings Councell and twelve Masters of the Chancery assist there by whose advice erronious judgements are redressed The Parliaments have determined of the rights of Kings 17 Ob. as in Henry the sixts time and others and Parliaments have bound the succession of Kings as appeares by the Statute of the thirteenth of Queene Elizabeth Chapter the first And the discent of the Crowne is guided rather by a Parliamentary Title then by common Law g o If this objection be true Sol. that the Title to the Crowne is by Parliament then we had no Usurpers for they all had Parliaments to backe them yea Richard the third that Monster All our Bookes of Law say they have the Crowne by discent and the Statutes of the Land declare that they have the same by inherent birth-right And the Statute of the thirteenth of Elizabeth the first Chapter was made to secure Queene Elizabeth against the Queene of Scots then in the Kingdome clayming the Crowne of
same cause and therefore the House of Peeres being a party touching the crime charged upon any man whom they would try by an Ordinance for Treason against both Houses cannot be a Iudge By the Petition of Right e Petition of Right 3. C.R. if any man deserve death he ought to suffer the same according to the Laws of the Land established and not otherwise but an Ordinance of the Lords is no established Law The protestation the Vow and Covenant the solemn League and Covenant the Declarations of both houses had made and published sithence this unnaturall Warre 3 part inst fol. 89. are amongst other things sworn and set downe to be for maintainance of the Lawes the people of this land ought to enjoy the benefit of their Birth-right the Law of the Land and the making good of the said protestation Vow and Covenant League and Covenant and Declarations otherwise truth must be said and will be said that there is brought in a new arbitrary and tyrannicall government If the Lords have taken one mans life by an Ordinance they are not bound to take any more and the case differs in case any appeale be made from a tryall by Ordinance to a tryall at common Law which was not done by that man whose life was taken away by an Ordinance The Lords ought to remember that His Majesty and His progenitors have made them a house of peers they are trusted to counsell him in peace f Nevels case 8 pare Cooks reports and defend him in warre his Majesty in Parliament is to consult and treate with the Peers and with his Councell at Law Judges his Sergeants Atturney and Solicitor and Masters of the Chancery the Lords and that counsell by the respective Writ of Summons to Parliament are to give Counsell g 4 pars instit fol. 4.9 27 Edw. 3. c. 1.15 3 part instit fol. 225. the House of Commons by their Writ to performe and consen◠In the House of Lords the Court of Parliament onely is for they onely examine upon Oath h 1 Hen. 7. fol. 10. with them the King in person sits and by them their erroneous judgements * 14. H. 3. c. 5 upon a Petition to his Majesty for obtaining of a Writ of Errour by the advice of the Judges are reversed or affirmed c. The Lords are to remember that their eminency and grandeur is preserved by the Lawes if they leave all to will and dishonour their King and make nothing of the Lawes they will make nothing of themselves in the end And therefore it is well worth your observation what was said by M. Iohn Pym a Member of the House of Commons in his speech against the Earle of Strafford in the beginning of the Parliament which speech is published by the expresse order of the House of Commons the words are these The Law is that which puts a difference betwixt good and evill betwixt just and unjust if you take away the Law all things will fall into a confusion every man will become a Law unto himselfe which in the depraved condition of humane nature must needs produce many great enormities Lust will become a Law and Envie will become a Law Covetousnesse and Ambition will become Lawes 〈◊〉 1 pal book deel pag. 140. 163. and what dictates what decisions such Lawes will produce may easily be discerned i. c. They that love this Common-wealth as things now stand will use all means to procure an Act of Oblivion a generall pardon from His Majesty the Souldiers their Arreares and tender consciences a just and reasonable satisfaction else we must all perish first or last May 17 1647 God preserve His Majesty and the Lawes wherein their Lordships and the whole Kingdom are concerned David Jenkins prisoner in the Tower of London THE CORDIALL OF Iudge Ienkins For the good People of LONDON In reply to a Thing called An Answer to the poysonous seditious Paper of Mr. DAVID IENKINS by H. P. Barrister of Lincolns-Inne Printed in the Yeare 1648. The Cordiall of Judge JENKINS for the good People of LONDON AFter the said Mr. H.P. hath made a recitall of the heads of my Vindication he deduced his Answer unto these eight particulars which follow verbatim 1. It cannot be denyed but the Parliament sits by the Kings Writ nay if Statute Law bee greater than the Kings Writ it cannot be denyed but the Parlia fits or ought to sit by something greater than the Kings Writ and if it be confessed that the Parl. sits by the kings writ but do not act by the Kings writ then it must follow that the Parlia is a void vaine Court and sits to no purpose nay it must also follow that the Parl. is of less authority and of less use than any other inferiour Court forasmuch as it is not in the Kings power to controule other Courts or prevent them from sitting or acting 2. This is a gross nonsequitur the Kings power is in himself Ergo it is not derived to nor does reside vertually in the Parliament For the light of the Sun remains imbodied and unexhausted in the Glob of the Sun at the same time as it is diffused and displayed through al the body of the aire and who sees not that the King without emptying himselfe gives Commissions daily of Oyre and Terminer to others which yet himself can neither frustrate nor elude but for my part I conceive it is a great error to infer that the Parliament hath only the Kings power because it hath the Kings power in it for it seemes to me that the Parliament does both sit and act by concurrent power devolved both from the King and Kingdome and in this some things are more obvious and apparent than in others For by what power does the Parliament grant Subsidies to the King if onely by the power which the King gives then the K. may take Subsidies without any grant from the Parliament and if it be so by a power which the people give to the Parliament then it wil follow the Parliament hath a power given both by King and Kingdom 3. The sending Propositions to the King and desiring 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 suit to an inferior for matters in themselves due God himself hath not utterly disdained to beseech his owne miserable impious unworthy creatures besides 't is not our Tenet that the King hath no power because hee hath not all power nor that the King cannot at all promote our happinesse because he hath no just claime to procure our ruine 4. We affirm not that the Kings power is separated from his person so as the two Spencers affirmed neither doe we frame conclusions out of that separation as the two Spencers did either that the King may be removed for misdemeanours or performed per asperte or that the
Soueraign Lord calling to remembrance the duty of Allegiance of his Subjects of this his Realm and that they by reason of the same are bound to serue their Prince and Soueraigne Lord for the 〈◊〉 being in his Wars for the defence of him and the land against euery rebellion power might raised reared against 〈◊〉 and with him to â—â—er and abide in seruice in battell if â—ase so require and that 〈◊〉 the same service what fortune euer fall by chance in the same battel against the mind and will of the Prince as in this land sometime passed hath béen seen that it is not reasonable but against al laws reason good conscience that the said subjects going with their Soueraign Lord in Wars attending upon him in his person or being in other places by his coÌ„mandement within this Land or without any thing should lose or forfeit for doing their duty or seruice of Allegiance It be therefore ordained enacted and established by the King our Soueraign by the advice and assent of his Lords Spirituall and Temporall and the Commons in this present Parliament assembled and by authority of the same that from hence forth no manner of person or persons whatsoeuer he or they be that attend upon the King and Soueraign Lord of this land for the time being in his person and do him true and faithfull seruice of Allegiance in the same or be in other places by his commandement in his wars within this land or without that for the said déed and true duty of Allegiance he or they be in no wise convict or attaint of high treason nor of other offences for that cause by Act of Parliament or otherwise by any processe of Law wherby he or any of them shal lose or forfeit life lands tenements rents possessions heriditaments goods chattels or any other things but to bee for that déed and service utterly dischar ged of any vexation trouble or loss And if any Act or Acts or other process of the Law hereafter thereupon for the same happen to be made contrary to this Ordinance that then that Act or Acts or other process of Law whatsoever they shall be shall bee utterly voyd Prouided alwaies that no person or persons shall take any benefit or aduantage by this Act which shall hereafter decline from his or their said Allegiance Cap. 24. In the Statute of 27. H. 8. It is enacted that no person or persons of what estate or degrée soever they be of shall haue any power or authority to pardon or remit any Treason Murders Man slaughters or any other Felonies c. but that the King shall haue the sole and whole power and authority thereof united knit to the Imperiall Crown as of right it appertaineth c. And in the same Statute it is enacted further That none shal haue power of what estate degrée or condition soeuer they be to make Iustices of Eyre Iustices of Assize Iustices of Peace c but all such Officers and Ministers shal be made by Letters-Paâ—ents under the Kings great Seal in the name and by the authority of the King and his Heires Successors Kings of this Realm In the first ear of Queen Mary and the first Chapter It is enacted by the Quéen with the consent of the Lords Conmions That no déed or offence by act of Parliament made treason shall be taken deemed or adjudged to be â—igh Treason but only such as be declared and expressed to be Treason by the Act of Parliament made 25. Ed cap. 2. before mentioned A Declaration of Mr. David Jenkins now Prisoner in the Tower of London one of His Majesties Iudges in Wales for tryals of Treasons Murthers Felonies and all other capitall crimes that they ought only to be by Juries and not otherwise unless it be by Act of Parliament THe Common Law of this Land is that every Freeman is subject to a tryall by bill of Attainder in Parliament wherein His Majesty and both Houses must necessarily concur for that tryall and attainder is an Act of Parliament to which all men are subject to a Mag. Charta 19. 2 part inst fol 28 29.46 48 49 50. composed by Sir Ed. Cook and published by the Order of the House of Commons in May 1641. 4 pars instit fol. 41.356 No man shall otherwise be destroyed c. but by the lawfull judgement of his Peers or by the common Law of the Land Peeres to Noblemen are Noblemen Peeres to the ComoÌ„ns are Knights Gen c. Judgement of peers referres to peers those words The Law of the Land refers to the Commons the Law of the Land is for the tryall of the life of a free Commoner by indictment presentment of good and lawfull men where the deed is done or by Writ originall of the common Law all this is declared in Magna Charta c. 29 and by 25 Ed. 3. c. 4.28 Ed. 3. c. 3.37 Ed. 3 c. 8.42 Ed. 3. c. 3. If the Lords wil try any man by an Ordinance they destroy that excellent Act of Magna Charta and all those other good Laws Sir Simon de Bereford a free Commoner of England was condemned by the Lords to death by an Ordinance which after the Lords better considering the matter that they might be acquitted of that sentence became suiters to the King that what they had done in future time might not be drawn into president because that which they had done was against the Law b Rot. Par. roul 4. â— 2 Num. 2. part inst p. 50 with this agrees Sir Iohn Lees case Rot. Par. 42. â— 3. Num. 22.23 2. inst f. 50. with this agrees the practise and usage of all times in this Land all the free Commoners of this Kingdome hath alwayes been tryed and acquitted or condemned in capitall causes by Iurers of their equals An Ordinance bindeth not in Law at all c See 4. p. inst f. 23.48.232.298.292 2. p. inst f. 47 48.157.643 4. H. 7. faâ— 1. H. 7. f. 14.3 p. inst f. 41. and but pro tempore as the two Houses now affirme a man's life cannot be tried by that which is not binding and to continue for all times for a life lost cannot be restored By an Act of Parliament of the 1. 2. Philâ—p and Mary c. 10. It is enacted that all trials for Treason hereafter to be had shall be according to the course of the Common Law and not otherwise If the crime charged upon any be Treason against the two Houses against the Parliament it caannot be for there is no Parliament without the King That is no Treason in Law as appeares by 25. Ed. 3. c. 2. 11. R. 2. c. 3. 1. H. 4. c. 10. 1. 2 Philip and Mary c. 10. 3. part of the Institutes page 23 An Act of Parliament to make any a Iudge where he is party is a void act d Dr Bonams case 8. part of Cooks Reports for none can be a Iudge and party in the
Subject is bound to govern in ayd of him we only say that his power is distinguishable from his person and when he himselfe makes a distinction betwixt them commanding one thing by his legall Writs Courts and Officers and commanding another thing extrajudicially by word of mouth Letters or Ministers we are to obey his power rather than 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 hath murthered my son his pardon shall not cut me off from my appeal and 't is more unreasonable that the Kings pardon should make a whole State which hath suffered remedilesse than any private man So if the King should deny indemnity to those which in the furie of war have done things unjustifiable by the Lawes of peace and thereby keep the wounds of the state from being bound up 't is equitable that an Act of Indemnity should be made forcible another way And if his 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 hath no power to discharge Delinquencies therefore it hath no power in other matters 6. The Parliament hath declared the King to be in no condition to governs but thir must not be interpreted rigidly and without 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 yet it is not hereby insinuated that he is divested of the habit or right of Governing if he be unqualified now he is not unqualified for the future if he may not do things destructive to the parliament he is not barred from returning to the parliament or doing justice to the parliament This is a frivolous cavil and subâ—erfuge 7. We swear that the King is our supreme Governour over all persons and in all causes but we do not swear he is above all Law nor above the safetie of his people which is the end of the Law and indeed Paramount to the Law it selfe If he be above Law or liable to no restraint of our Law then we are no freer than the French or the Turks and if he be above the prime end of Law common safety then wee are not free as the French or Turks For if the totall subversion of the French or 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 atchieved the King of England such a Supremacy above all Law and the community it selfe for whose behoofe Law was made If Gods donation be pleaded which is not speciall to him or different from what other Kings may pretend to then to what purpose serve our Lawes nay to what purpose serve the Lawes of other Countryes for by this generall donation all Nations are condemned to all servitude as well as we If the Law of this Land bee appealed to what Bookes hath Mr. Ienkins read where hath he found out that Lex Regia whereby the people of England have given away from themselves all right in themselves Some of our Bookes tell us that we are more free than the French that the King canot oppresse us in our Personâ— oâ— Estates by imprisonment denying justice or laying Taxes without our consents Other Books tell us that the safety of the people is the supreme Law and that the King hath both God and the Law for his Superiour But all this is nothing to learned M. Jenkins 8. We admit that no Acts of Parliament are compleat or formally binding without the Kings assent yet this is still to be denied that therefore without this assent particularly exprest the two Houses can do nothing nor have any virtual power at all no not to examine M. Ienkins nor to do any other thing of like nature though in order to publike justice and safetie I have done and wish M. Ienkins would call in and lick up again his black infamous execrable reproaches so filthily vomited out against the Parliament 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 The Court of Pye-powders court-Baron Hundred court County court and every other Court of Record 5. H. 4. c. 3. 3 H. 6.46 19 H. 6.43 â—5 H. 6.5 or not of Record hath power to examine upon Oath and an examination without Oath is a communication onely examination in Law is upon Oath There is no court without a power of tryall Sir Anthony Maynes â—ase Cook 1. par Reports Lit. 2. lib. Sect. 194. 6. H. 4.1 the House of Commons have no power to try any offence nor ever practised it by Bill Indictment Information Plaint or Originall Writ to reduce it to tryall 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 attaine to no reasonable end the Law rejects as a thing inutile and uselesse Sapiens incipiâ—a â—ine The Writ whereby they are called gives them power Ad faciendum consentiendum â— paâ—s instit fol. â— 9. To what To such things Quae ibidem de communi consilio ordiâ—â—â— contingerint 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 chusing Knights c. For the King by that Writ is said to resolve to consult and treate with the Prelates and Peeres of the Kingdome for and touching the great concernments of the Common-wealth for the King never sits in the House of Commons and this also is made evident by the Writs to the Prelates Peeres Judges and to his Counsell at Law The words in the Writ are To appeare and attend the Parliament Consilium impensuri the one doth conâ—ulere the other sacere conseâ—tire The House of Lords where the King sits in person assisted by His Lords Judges Serjeants Atturney 7 H. 6.28 1 H. 7. â—0* 13 Ed. 3. c. 5. 4 pars inst p. 21. Sollicitor Masters of the Chancery is a court of Record to many purposes set down in the Bookes of Law and the Statutes of the Land and that court is onely in the House of Lords where the King sits A court must either bee by the Kings Patent Statute Law or by the common Law Plowd Com. 319. which is common and constant usage the House of commons hath no Patent to bee a court nor Statute Law to bee a court nor common usage they have no Journall Booke but since Edward
Lex terrae the Law of the Land there mentioned this Law bindeâ— all men and the House of Commons for they say they are of the Kings Councel in all points but only against the disturbers of the service of the Parliament and therefore the Imprison ment of severall persons who are not their Members for no disturbance to their Members is utterly against the Law of the Land and the Franchise of the Freemen of this Realme Cui non licet quod minus non licet quod Majus he who may not do what is lesse may not do what is greater they cannot commit a man for murder or Fellony much lesse for Treason No Court can fine and imprison 8. pars Cook 120 27. H. 6 8. but a Court of record the House of Commons is no Court of Record the House of the Lords where the King is in person his Nobles and his Iudges and Councell at Law the Masters of the Chancery assisting is a Court of Record and that is the Court of Parâ—ament where the Colloquium tractatus is The House of Commons may present Grievances grant or not grant Aides consent or not consent to new Lawes but for fining or imprisoning any but as aforesaid is but of a late date and no antient usage They have no journall Book but sithence Edw. 21. E. 4. fol 46. 6. time 6. Hen. 8 cap. 15. doth not prove the House of Commons to be a Court of Record it mentions only to be entred on Records in the Booke of the Clerke of the Parliament if any members depart into the Countrey Commons in Parliament ne sont Iudges There is no Journal but sithence Edw. 6. time and that is a Remembrance or memoriall as 12. H â—4 23 The whole Parliament is one corporate Body consilting of the Head and three Estates The Court is onely there where the Consilium tractaâ—us is where the consult and â—reaty is with the King which is in then House of Lords only The House of Commons claime not to examine upon Oath any Man 's no Court can be without a power to give an Oath Courts Baron 14. H. 8.3.36 H. 8. Dier 60.4 parâ— inst cap. 1 Court of Pipowders County Court may and doe give Oath no Court can be without a power to try no triall can be without Oath and therefore the house of Commons not claiming power to give an Oath can bring no matter to trial and consequently can be no Court. The behaviour of the Commons at a Conference with the Lords 〈◊〉 the Commons are alwaies uncovered and standing when the Lords fit with their hats on which shewes they are not Colleagues in judgment for fellow-judges owe no such reverence to their Companions When was ever Fine imposed by the House of Commâ—â—s â—â—â—â—ted in the 11. H. 4. c. 11. Exchequer The ejecting of a Member who hath sitten is against the Law for they cannot remove a man out of the House unduly returned much lesse a man returned duely By these Lawes it appeares 2. H. 4. c. d. 1. H. 5. c. 1. 8. H. 6. c. 7 23. H. 6. c. 15. that if any undue returne be made the person returned is to continue a Member the Sheriffes punishment is 200. l. one to the King another to the party that is duly elected Imprisonment for â—â—year without Ball or Mainprise and that person who is unduly returned shall serve at his own charge and have no benefit at the end of the Parliament by the Writ Desolutione feodorum Militum â—ivium burgensium Parliament And the triall of the â—alsity of the return is to be before the Justices of the Assizes in the proper County or by action of Debt in any Court of Record 3 Ed. 4.20 5 Ed. 4.41 This condemnes the Committee for undue Elections which hath beene practised but of late times for besides these Lawes it is against a Maxime in the Common-Law an Averment is not receivable against the returne of the Sheriffe for his Returne is upon Oath which Oath is to be credited in that Suit wherein the Returne is made The said Statures condemne and make those Members no Members which were not resiant in the County and Boroughs for which they were elected at the time of the teste of the Writ of the summons of the Parliament and any abusive practice of late times to the contrary is against the Law and ought not to be allowed Assault upon Parliamenâ— men If a Parliament-man 5 H. 4. c. 6.11 H. 6. c. 11. or his Meniall Servant be aslaulted beaten or wounded in the Parliament time proclamation shal be made where the deed is done that the Offender shall render himselfe to the Kings Bench within a quarter of a year after proclamation made the offeâ—ce there to be tryed for Default of appearance the Offender is declared attainted of the Misdeed and it is accorded that thereafter it be done likewise in the like case Serving of processe upon a Lord of the Parliament punished in the Lords House Bogo de Clare 18. E. 3.4 pars inst fol. 24 Io Thorn sbyes case Clerk of the Parl. punished ibid. 10. E. 3 Serving of processe upon Thornsby inquired of in the Chancery and there the Offenders were convicted The premises prove that breaches of priviledge of Parliament may be punished else were then in Parliament Vpon all this Discourse it is easie to decerne what fruits may be expected from this Parliament continuing as long as the two Houses please and that there is no safty for this common-wealth but by the observations of their antient Franchises customes and Lawes Conclusion I Say againe that without and Act of Oblivion a gratious generall pardon from his Majesty the arrears of the Souldiers paid a favourable regard had to tender consciences there will be neither Truth nor Peace in this Land nor any man secure of any thing he hath AN APOLOGY FOR THE ARMY Touching the eight Quaeres c. LONDON Printed in the Yeare 1648. AN APOLOGY FOR THE ARMY THese Treasonable and insolent Quaeries make the Army the houses Subjects and not the Kings Bracton fol. 118. Stamford fol. 2. None by the Lawes of this Land can in this Kingdome have an Army but his Majesty It appeares the Army doth now evidently perceive that they were mis-led by the specious pretences of Salus populi the maintenance of the Kings Honour and of the maintenance of the Lawes of the Land and Liberties of the Subject to take up Armes against their naturall Liege Lord and Soveraigne the King the people is the Body the King is the Head Mag. Chart. c. 1. uit All the Act concerning the King Church and Church-men 25. Ed. 1. cap. 1. Was the Body safe when the Head was distressed and imprisoned For Lawes and Liberties have not the prevailing party in the two Houses destroyed above an hundred Acts of Parliament and in effect Magna Chartaâ— Charta de Forresta