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A91355 Severall poysonous and sedicious papers of Mr. David Jenkins ansvvered. By H.P. barrester of Lincolnes Inne. Parker, Henry, 1604-1652.; Jenkins, David, 1582-1663. Vindication of Judge Jenkins prisoner in the Tower, the 29. of Aprill, 1647.; Jenkins, David, 1582-1663. Cordiall of Judge Jenkins, for the good people of London. 1647 (1647) Wing P422; Thomason E393_8; ESTC R201592 17,775 23

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his Reports in Calvins case fol. 11 saith thus In the Reign of Edw 2. he Sponcers the Father a●d Son 〈…〉 hatch●d in their h●arts invented this damnable and 〈◊〉 ●pinion that homage a● doath of ligeance was more by reas●● 〈◊〉 Kings Cr●wn that is of his polit●ck capacity then by reason of ●h● pers●n of 〈◊〉 King upon whi●h ●pinion they inferred ●hree execrable and 〈…〉 1. I● the King do not demean himself by reason in the right of his Cro●n his 〈◊〉 are bound by Oath to remove th● King 2 Seeing that the King could not be r●formed 〈◊〉 of 〈◊〉 that ought to be done per aspertee that is by f●rce 3. That his lieges be bound to govern in aid of him and in 〈…〉 All whi●h were condemned by two Parliaments one in the Reign of Ed● 2. call●d ●xilium Hugonis le Spencer and the other in Anno 1 Edw 3. cap 2. And that the naturall body and politick makes one indivisible body and that these two bodies incorporate in one person make one body and not divers is resolved as the Law of England 4. E●iz Plowdon Com fol 213. by Si● R●bert Ca●lin Lord Chief Justice of England 〈…〉 Lord Chief Jus●ice of the Common P●ease the Lord Sa●ders Lord Chief baron of the Exchequer and by the rest o● the Ju●ges viz. 〈…〉 Justice 〈◊〉 Justice Corbet Justice Weston baron 〈…〉 and 〈◊〉 Sergeants 〈…〉 General● 〈◊〉 Atturey of the Turchy 〈◊〉 the learned it man of that age in the kn●w●●dg● of the Law and Cu●●omes of the Re●lm 8. The Law in all 〈◊〉 without any 〈◊〉 is and 〈◊〉 been 2 H. ● Ma●na Cha●ta That no Act of Parliament 〈◊〉 the Subj●cts of the L●rd without the assent of the King So in every age till this day and in every Kings time as appears by the Acts in print 1 part of the Instit Sect. 234. in fine where many of the Law-Books are cited either for Person Lands goods or fame No man can shew any fillable letter or line to the contrary in the books of the Law or printed Acts of Parliament in any age in this Land If the vertuall Power be in the Houses there needs no assent of the Kings The stiles of the Acts printed from 9 H. 3. to 1 H. 7. were either The King ordains at this Parliament c. or the King ordaineth by the advice of his Prelates and Barrons 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 Majestie and the Lords Spirituall and Temporall and Commons in this present Parliament assembled So that alwayes the Assent of the King giveth the life to all 7 H. 7. 14. 12 of H. 7. 20 as the soul to the body and therefore our Law Books call the King the Fountain of Justice and the life of the Law 9. Mercy as well as Justice belongs by the Law of the Land onely to the King 2 H. 4. ca. 22. 4 pars instit 42. This is confessed by Mr. Prin● and it is so without any question The King can onely pardon and never more ●ause to have sufficient pardons then in such troublesome times as these Mr. Prinn in his Treatise of the great Seal fol. 17. 27 H. 8. c. 24. and God send us pardons and 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. ca. 24. 10. Queen Elizabeth summoned her first Parliament to be held the 23. of Janna in the first yeer of her Majesties Reign The Lords and Commons assembled by force of the same Writ the 23. day the Queen fell sick and could not appear in her person in Parliament that day and therefore prorogued it untill the 25. of the same moneth of Januarie 3 Eliz. Dier 203. Resolved by all the Judges of England that the Parliament began not the day of the return of the Writ viz the 23. of January when the Lords and Commons appeared but the 25. of the said moneth when the King came in person which sheweth evidently that this vertuall presence is a meer deluding fiction that hath no ground in Law reason or sense They have the King now a Prisoner at Holdenby with guards upon him and yet they govern by the vertuall Power of their Prisoner These are some few of the causes and reasons which moved me to deliver that paper to Mr. Corbet which I am readie to ●●stifie with my life and should hold it a great honour to 〈…〉 the honourable an● holy Laws of the Land That 〈…〉 save this Land fro●●●●truction is an Act of Oblivion 〈…〉 Majesties gracious ●●●●all pardon the Soul●iers their 〈◊〉 and every man his 〈◊〉 and Truth and Peace established in 〈◊〉 ●●nd and a favourable regard had to the satisfaction of 〈◊〉 Consciences April 29. 1647. David Jenkins An ANSWER to the Poysonous Seditious Paper of Mr. David Jenkins MR. David Jenkins in his Paper of the 29. of April last lay●● most odious charges upon the Parliament and consequently upon all that have adhered to the Parliament in this Warre and les● these his desperate infusions should not work powerfully enough upon the vulgar he being an ancient practiser in the Law and promoted to the title of a Judge he cites Book cases aga●nst the two Houses and seems forward to lay down his life in the cause His 1. Argument runs thus The Parliament not having the Kings Writ Patent or Commission cannot do so much as examine any man But the Parliament has not the Kings Writ c. Ergo his minor is confirmed thus If the Kings power remain solely in himself and be not vertually present in the two Houses then they cannot pretend his Writ Pattent or Commission But the Kings power is in himself and not vertually in the two H●uses ergo that the Parliament has no vertuall power he proves thu● 1. If the Parliament had in them the Kings vertuall Power they needed not desire the Kings ratification they needed not send any Propositions to him but now they send Propositions ergo this vertuall power is but a meer fiction ● To affi●m that the Kings power is separable from his person is by the Law adjudged high Treason but in the Parliament 〈◊〉 the Kings Power is vertually in them then they separate it 〈◊〉 his person Ergo. 3. If none can pardon Felony or Treason except the King ●one has the virtua●l power of the King but none can pardon except the King Ergo 4. If the King be in no condition to govern then he is in no condition to derive virtuall power but c. 5. If none can sit in Parliament but he must first swear that the 〈…〉 the onely Supreame Governor over all Persons