116. The Writ of summoning the Commons is to doe and to consâ—nt to such things which shall happen to bee ordained by Common Counsell there viz. in the Parliament p. 25.26.115 The Parliament is a Corporation composed of the King the head and the Lords and Commons the Subject body p. 5. l. 22. p. 19.20.49.50.80.122.142.145.146 And it hath power over our Lives Libertyes Lawes and Goods p. 118. The Court of Parliament is onely in the House of Lords where the King sits in person p. 116.122.144 The Office of the Lords is to Counsell the King in time of Peace and to defend him in time of War p. 116.142 It belongs to the House of Lords to reforme erroneous Iudgements given in the Kings Bench to redresse the delayes of Courts of Iustice to receive all Petitions to advise his Majesty with their Counsell to have their Votes in Voting or abrogating of Laws and to propose for the Common good what they conceive meet p. 33. How Errours in Iudgement are reversed by the House of Lords p. 55. At a Conferrence the Commons are alwaies uncovered and stand when the Lords sit with their hats on which shewes that they are not Colleagues in Iudgement with the Lords p. 147. Every Member of the House of Commons takes the Oath of Allegiance and Supremacy before his admission into the House p. 67.133 Briberies Extortions Monopolyes ought to bee enquired after by the House of Commons and complained of to the King and Lords p. 114. It belongs to the House of Commons to represent the Grievances of the Countrey to grant Aydes for the King upon all fit occasions extraordinary to assent to the making or abrogating Lawes p. 33.115 116 117 118. Because making of new and abrogating of old Lawes both induce Novelties and because Bils in both Houses may passe but by one or two voices or very few and perhaps of no Iudicious men who oftentimes carry it by making the Major part which involves the consent of all therefore the Law makes the King assisted therein by a great number of Grave Learned and Prudent men the Judge of those Bils whether they be necessary for the Publique Good or no. p. 32 3â— 53.57.123 And the King upon all Bills hath liberty of assenting or dissenting p. 18.28.39.111 And in case of the Kings Minority the Protector hath his liberty and negative voice in respect of the King p. 52. The styles 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. time the style was altered and hath so continued to this day p. 24.71 No Act of Parliament bindes the Subject without the assent of the King p. 71.72 When an Act of Parliament is against common Right or Reason or repugnant or impossible to bee performed the Common Law shall controle it and adjudge it to be void And such is an Act for a perpetual Parliament p. 139. An Act of Parliament that a man shall bee Iudge in his own cause is a voyd Act. p. 139. An Adjournment of the parliament makes no Sâ—ssion p. 137. There is no Sâ—ssion till a prorogation or dissolution of the Parliament p. 137. All the Acts of one Sâ—ssion relate to the first day of the Parliament p 138. The two Houses ought to take care of the preservation of the Kings Person p. 18. The Lords and Commons cannot assent to any thing that tends to the disinherison of the King and his Crown to which they are sworn p. 11. The two Houses ought not to meddle with the Kings Revenue p. 11. Armes are not to be borne in London or Westminster in time of Parliament p. 8.39 The Priviledge of Parliament protects no man in case of Treason or â—elony p. 15.16 78. Parliaments are as the times are if a turbulent Faction prevailes the Parliament are wicked if the times be sober modest prudent and not biassed the Parliament are right good honourable and good Medicines and Salves p. 41.42 The present Parliament THis Parliament beganne 3. Novemb. 1640 and in the beginning thereof the King acquitted the Ship-Money Knighthood-Money seven Courts of Justice consented to a Triâ—niall parliament setled the Forrest bounds tooke away the Clarke of the Market of the Houshold trusted the Houses with the Navy passed an Act not to dissolve this Parliament without the Houses assent No people in the world so free if they could have been content with Lawes Oathes and Reason and nothing more could nor can bee devised to serve us neither hath been in any time before p. 3â— Notwithstanding all this Jan. 10. 1641. the King was driven away from London by frequent Tumults and 2. thirds and more of the Lords had deserted that House for the same cause and the greater put of the House of Commons left that House also for the same reason New men chosen in their places against Law by the pretended Warrant of a counterfeit Seale and in the Kings name against his consent leavying War against Him and seizing his Forts Ports Magazins and Revenue and converting them to his destruction the subversion of the Law and Land laying Taxes on the people never head of before in this Land devising new Oathes to oppose the Forces raised by the King c. p. 35. From the 3 Novem. 1640. uâ—â—o Ian. 10 164â— they had time to persecute all evil Counsellors and Iudges p 17 4â— From that time the King was driven away the two Houses stood in opposition to the king and his power p. 66. This became no Parliament when the King with whom they should parley was driven away and it continues so whilst his Majestic is restrained as a prisoner p. 35.81 And the houses now severed from the King have no power at all no more than the body hath being severed from the head p. 80.112 The 2. Houses do not now act by the Kings Writ but contrary to it p. 121. And so their Acts are Null p. 122 141. The Act for continuing this parliament so long as both Houses please is voyd because it is 1. Against Common right for thereby the parliament men will not pay their debts And they may doe wrong to other men Impune besides the utter destruction of all mens actions who have to doe with Parliament men by the Statute of Limitation 21. Jacob. 2. Against common reason for parliaments were made to redresse publique Grievances not to make them 3. Impossible the Death of his Majesty whom God long preserve dissolving it necessarily 4. Repugnant to the Act for a Trienniall parliament and to the Act for holding a parliament once a yeare p. 139.140 The end of continuing this parliament was to raise Credit for mony for three purposes And the three ends of the Act being determined it agreeth with Law and Reason the Act should end p. 141. A perpetuall parliament
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
Roys ' avisera or nâ— veulâ— it was against Magna Charta Articuli Cleri and many other Acts of Parliament And might have farther given these reasons if it had so pleased him for the same First that this Bill destroyes the Writ whereby they are made two Houses of Parliament 14 Hen. 7. fol. 22. Evesque est signior de grand honneâ—r the King in the Writ being â—um praelaris colloquium habtre Secondly they have been in all Parliaments since we had any and voted but in such wherein they themselves were concerned And there have been Bishops here sithence we were Christians and the Fundamentall Law of the Kingdome approves of them If any of them were conceived offensive they were left to Justice and his Majesty would put in inoffensive men in their places but sithence his Majesty hath passed the Bill for taking away their Vores in Parliament it is a Law that bindes us so farre Upon the whole matter the Law hath notably determined that Billa agreed by both Houses pretended to be for the publick good are to be judged by the King for in all Kings Reignes Bils have been preferred by both Houses which alwaies are pretended to be for the publique good and many times are not and were rejected with Roy's auisera or Roy ne veult This Parliament began the 3 of Novemb. 1640. before that time in all the kings reign no armed power did force any of the people to doe any thing against the Law what was done was by his Judges Officers Refers and Ministers from that time untill the 10. os Ia. 1641. when the King went from London to avoyd the danger of frequent tumults being a year and 3 months Privie Counsellors and all his Justices Ministers were lest to the Justice of the Law there wanted not time to punish punishable men The Sphere of the House of Commons is to represent the grievances of the Countrey to grant aydes for the King upon all fit occasions extraordinary to assent to the making or abrogating of Lawes The Orb of the House of Lords to reforme erroneous judgements given in the Kings Bench to redresse the delayes of Courts of Justice to receive all Petitions to advise his Majesty with their Councell to have their Votes in making or abrogating of Lawes and to propose for the common good what they conceive meet Lex non cogit ad impossibilia Subjects are not to expect from Kings impossible things so many Judges Councellours Sheriffes Justices of the Peace Commissioners Ministers of State that the King should over-looke them all cannot be it is impossible The King is vertually in his ordinary Courts of Justice so long as they continue his Courts their charge is to administer the Lawes in being and not to delay deferre oâ— sell Justice for any Commandment of the King We have Lawes enough Instrumenta boni saeculi sunt bonâ— viri good Ministers as Judges and Officers are many times wanting the houses propose new Lawes or abrogation of the old both induce novelty the Law for the reasons aforesaid makes the King the onely Judge who is assisted therein by a great number of grave learned and prudent men as aforesaid For the considerations aforesaid the Kings Party adheared to him the â—aw of the Lnnd is their Birth-â—ight their Guide no offence is committed where that is not violated they found the Commission of Aâ—â—ray warrauted by the Law they found the King in this Parliament to have quitted the Shâ—-money Knighthood-money seven Courts of Justice consented to a Triennall Parliament setled the Forrest hounds tooke away the Cearke of the Market of the houshold trusted the House with the Navy passed an Act not to dâ—â—olve this Parliament without the Houses assent no people in the world so free if they could have been content with Lawes Oathes and reaâ—â—â— and nothing more could or can be devised to secure us neither hath been in any time Notwithstanding all this we found the King driven from London by frequent tumults that two thirds an dt more of the Lords had disserted tha House for the same cause and the greater part of the House of Commons left that House also for the same reason new men chosen in their places against Law by the pretended Warrant of a connterfet Seale and in the Kings name against his consent leavying Warre against him and seizing his Ports Forts Magazines and Revenue and converting them to his destruction and the subversion of the Law and Land laying Taxes on the people never heard of before in this Land devised new Oathes to oppose Forces raised by the King nor to adhere to him but to them in this Warre which they call the 〈◊〉 the Oath and the V. W. and Covenant By severall wayes never used in this kingdome they have raised Monies to foment this Warre and especially to inrich some among them namely first Exâ—is secondly Contributions thirdly Sequestrations fourthly Fift-parts fiftly Twentieth-parts sixtly 〈◊〉 money seventhly Sale of Plundered gpods eightly Loanes ninthly Benedolentes tenthly 〈◊〉 upon their fast-dayes eleventhly new Impoâ—tions upon Merchandâ—res twelfely Gâ—ards maintained upon the charge of private men thirteenthly Fifty Subâ—â—dies at â—â—e time fourteenthly Compossâ—â—ons with such as they call Delinquents fifteentlaly Sale of Bishppâ— Lands c. From the Kings Party meanes of subsistance are taken 〈◊〉 R 3. cap. 3 Bract. li. 3. c. 8. Stanford 192. Sir Ger. Flâ—â—twoods Case S. pars Cook 7. H. 〈◊〉 â—ast leafe before any Indictment their Lands seized their goods taken the Law allowes a Traytor or Fellon attained Necessaria sibi familiae suae invictu vestitu where iâ— the Covenant Where is the Petition of Right Where is the liberty of the Subject First we have ayded the King in this Warre contrary to the Negative Oath and other Votes Our Warrant is the twenty fifth of Edward the third the second Chapter and the said resolutions of all the Judges Secondly 〈◊〉 Insâ—it a 25. a Instit 696 The Law so at the Edition of that booke Hutton and Crook we have maintained the Commission of Array by the Kings Command contrary to their Votes We are warranted by the Statute of the fifth of Henry the fourth and the judgement of Sir Edward Cooke the â—â—cle of the Law as they call him Thirdly we maintained Archâ— Bishoâ—â— and Bishops whom they would suppresse Our warrant is Magna-Charta and many Statutes more Fourthly we have maintained the Booke of Common mayâ—r they suppresse it Our warrant is five acts of Parliament in Edward the fixt and Queene Elizabeths time 5 Pelchae 35 Elizabeth inter placita Coronae in Banâ—â— Regis New booke of Entries fol. 252. Penry for publishing two scandalous Libels against the Church Government was indicted arraigned attainted and executed at Tyburne Fiftly we maintained the Militiâ—â— of the Kingdome to belong to the King they the contrary Our warrant is the Statute of the seventh of Edward the first and many Statutes â—â—thence
the practise of all times and the Custome of the Realâ—â—e Sixthly we maintained the coâ—â—terâ—eiting of the great Sealâ— to be high Treason and so of the usurpation of the Kings forts Do is Shipping Casties and his Revenue and the coâ—â—ing of Money against them We have our warrantâ— by the said Statute of the twenty fifth of Edward the third Chapter the second and divers others since and the practise of all times Seventhly we maintaine that the King is the onely supreme Governour in all causes They that his Majesty is to be governed by them Our warrant is the Statutes of the first of Queene Elizabeth Chapter the first and the fifth of Queene Elizabeth the first Eightly We maintaine that the King is King by an inherent birth-right 9 Ed. 4. fol. â— by nature by Gods Law and by the Law of the Land They say his Kingly right is an Office upon trust Our warrant is the Statute of the first of King James Chapter the first And the resolution of all the Judges of England in Calvins Case Ninthly wee maintaine that the politick capacity is not to be severed from the naturall They hold the contrary Our warrant is two Statutes viz. exilium Hugonis in Edward the seconds time and the first of Edward the third Chapter the second and their Oracle who hath published it to Posterity that it is damnable detestable and execrable Treason Calvins Case yeers 7. fol. 11. Tenthly wee maintaine that who â—â—des the King at home or abroâ—d ought not to be molested or questioned for the same they hold and practise the contrary Our warrant is the Statute of the eleventh of Henry the seventh Chapter the first Eleventhly wee maintaine that the King hiâ—h power to disassent to any Bill agreed by the two Honses which they deny Our warrant is the Statute of the second of Henry the fifth and the practice of all times the first of King Charles Chapter the seventh the first of King James Chapter the first Twelfthly wee maintaine that Parliaments ought to be holden in a grave and peaceable manner without tumults 3. They allowed multitudes of the meanest sort of the people to come to Westminster to cry for justice when they could not have their will Coll. of Ord. fol. 31. and keepe guards of armed men to wait upon them Our warrant is the Statute of the seventh of Edward the second and their Oracle Thirteenthly wee maintaine that there is no State withâ—n this Kingdome but the Kings Majesty and that to adhere to any other State within this Kingdome is high Treason Our warrant is the Statute of the third of King James Chapter the fourth and the twenty third of Queene Elizabeth Chapter the first Fourteenthly wee maintaine that to â—evy a waâ—â—e to remove Couâ—sellours to aâ—ter Religion or any Land established is high Treason They hold the contrary Our warrant is the resolutions of all the Judges of England in Queene Eliznbeths time and their Oracle agrees with the same Fifteenthly wee maintaine that no man should be impusoned put out of his Lands but by due coâ—rse of Law and that no man ought to be adjadged to death but by the Law established the Câ—â—stames of the â—â—â—â—me or by Act of Paâ—â—tement They practise the contrary in London Bristol Keâ—t c. Our warrant is Magna Chanta Chapter the twenty ninth the Pâ—â—ition of Right the third of King Charles and divers Lawes there mentioned Wee of the Kings party did and do detest Monopolies and Ship-money and all the grievanâ—es of the people as muâ—h as any men living wee do well know that our estates lives and fortunes are preserved by the Lawes and that the King is bound by his Lawes wee love Parliamenss if the Kings Judges Counsell or Ministers have done amisse they had from the third of November 1640. to the tenth of January 1641. time to punish them being all left to justice Where is the Kingâ— fault The Law saith the Kings can do no Wrong 11. pars Cooks Reports Magdalen Colledge Case that he is medicus Regni pater patriae sponsus Regni qui per annulum is espoused to his Realme at his Coronation The King is Gods Lieutenant and is not able to do an unjust thing these are the words of the Law 〈◊〉 matter is pretended that the 〈◊〉 are not sure to enjoy the Acts passed this Parllament A succeeding Parliament may repeale them The objection is very weake a Parliament succeeding to that may repeale that repealing Parliament That â—eare is endlesse and remedilesse for it is the essence of Parliaments being compleat and as they ought to be of Head and all the Members to have power over Parliaments before Parliaments are as the times are If a turbulent faction prevailes the Parliaments are wicked as appeares by the examples recited before of extreme wicked Parliaments if the times be sober and modest prudent and not biassed the Parliaments are right good and honourable and they are good medicines and salves but in this Parliament excessit medicina mâ—dum In this cause and warre betweene the Kings Majesty and the two Houses at Westmiester what guide had the Subjects of the Land to direct them but the Lawes What meanes could they use to discerne what to follow what to avoid but the Lawes The King declares it Treason to adhere to the Houses in this warre The Houses declare it Treason to adhere to the King in this warre The Subjects for a great and considerable part of them Treason being such a crime as forfeits life and estate also renders a mans Posterity â—ase beggerly and infamous looke upon the Laws and finde the Letter oâ— tho Law requâ—res them to a 〈◊〉 the King as before is manifested was ever Subject criminally punisht in any age or Nation for his pursuit of what the Letter of the Law commands The Subjects of the Kingdome finde the distinction and interpretation now put upon the Lawes of Abstractum Concretum Poweâ— and Person body politick and naturall personall presence and virtuall to have beene condemned by the Law and so the Kings Party had both the Letter of the Law and the interpretation of the Letter cleared to their judgments whereby they might evidently perceive what side to adhere to what satisfaction could modest peaceable and loyall men more desire A verbo legis in criminâ—bus poenis non est recedentum hath been an approved maxime of Law in all ages and times Coll. of Ordinances 777. If the King be King and remaine in his Kingly Office as they call it then all the said Lawes are against them without colour they say the said Lawes relate to him in his Office they cannot say otherwise they make Commissions and Pardons in the Kings name and the person of the King and his body politick cannot nor ought to be severed as hath beene before declared 5 Eliz. cap. 1. 1 Eliz. cap. 1. And the Members of both Houses have sworne