Soveraigne Lord at all seasons when need shall be Here the supreame power in the time of Parliament by both Houses is declared to belong to the King At the beginning of every Parliament all Armes are 7. Ed. 2.4 pars instit 14. or ought to be forbidden to be borne in London Westminster or the Subburbs This condemnes the multitudes comming to Westminster and the Guards of armed men All who held by Knights service 1 Edw. 2. de Militibus and had twenty pounds per annum were distraynable ad Arma militaria suscipienda This agrees with the Records of ancient time continued constantly in all Kings times but at this Parliament 3. November 1640. The King out of his grace discharged this duty which proves that the power of warre and preparation thereto belongs not to the two Houses but only to the King The two Spencers in Edw. 2. Edw. 3. Caâ—vins Case Cookâ—e 7. fol. 11. time hatched to cover their Treason this damnable and damned opinion viz That Ligeance was more by reason of the Kings politick capacity then of his person upon which they inferred these execrable and detestable consequences First if the King demeaned not himselfe by reason in the right of his Crowne his Lieges are bound by Oath to remove him Secondly seeing the King could not be removed by suit of Law it was to be done by force Thirdly that his Lieges be bound to governe in default of him All which tenets were condemned by two Parliaments the one called exilium Hugonis in Ed. 2. time the other by 1. Edw. 3. cap. 2. All which Articles against the Spencers are confirmed by this last Statute the Artiles are extant in the booke called vetera Statuta The separation of the Kings person from his power is the principall Article condemned and yet all these three damnable detestable and execrable consequents are the grounds whereupon this present time relies and the principles whereupon the two houses found their cause The Villeine of a Lord in the presence of the King cannot be seized â—â—â—nden com 322. â—y ass pl. 49 for the presence of the King is a protection for that time to him This shewes what reverence the Law gives to the person of a King Regis 33 Ed. 3. â—yde de roy 203 Fitz 30 H. 7.16 sacro oleo uncti sunt capaâ—es spiritualis jurisdictionis But the two Houses were never held capable of that power Rex est persona mixta cum sacerdote haâ—et Ecclesiasticam spiritualem jurisdictionem This shewes the Kings power in Ecclesiasticall Causes The Lands of the King is called in Law Patromoniâ—n sacrum Com. Sur. Littl Sect. 4. The Houses should not have meddled with that sacred Patromony 3 Ed. 3.19 The King hath no Peere in his Land and cannot be judged Ergo the two Houses are not above him The Parliament 15. Ed. 3. was repealed for that is was against the Kings Lawes and prerogative 4 part institâ— fol. 25. This shewes cleerely the Propositions sent to Newcastle ought not to have beene presented to his Majesty For that they are contrary to the Lawes and his Prerogative The Lords and Commons cannot assent in Parliament to any thing that tends to the dis-inherifion of the King and his Crowne 4 Part Cooke inâ—â—it fol. 14. 42. E. 3. to which they are sworne This condemnes the said Propositions likewise To depose the King Parliamenâ— Rol. num 7. Rex 〈◊〉 suetudâ— Parâ—amenti to imprison him untill he assent to certaine dedemands a warre to alter the Religion established by Law or any other Law or to remove Councellors to hold a Castle or Fort against the King are offences against that Law declared to be treason by the resolution herein after mentioned by that Law men are bound to ayd the King when warre is levied against him in his Realme 25 Ed. 3. cap. 2. King in his Statute must be intended in his naturall body and person that only can dye for to compasse his death and declare it by overt Act is declared thereby treason to incounter in fight such as come to ayd the King in his warres is treason Compassing of the Qâ—â—ens death of the Kings Eldest Sonne to coyne his money to counterfeit his Great-Seale to levy Warre against him to adhere to such as shall so doe are declared by that Act to be high treason This Statute cannot referre to the King in his politique capacity but to his naturall which is inseperable from the politick for a body politick can have neither Wife 〈◊〉 13. nor Childe nor levy Warre nor doe any Act but by the operation of the naturall body A Corporation or body politick hath no soule or life but is a fiction of the Law and the Statute meant not â—â—ctitious persons but the body naturall conjoned with the politique which are inseperable The clause in that Act that no man should sue for grace or pardon for any offence condemned or forfeiture given by that Act 21 Ed. 4.14 â— 2.11 an was repealed by a subsequent Act in 21. R. â— holden unreasonable without example and against the Law and custome of the Parliament This condemnes the Proposition for disabling the King to Pardon 4 pars instit fol. 42. 4. Pars instit fol. 42. The Act of 11. R. 2. so much urged by the other side was an Act to which the King consented and so a perfect Act yet Note the Army then about the Towne Note that that Law is a-against private persons and by the 3. cap. thereof the treasons there declared are declared to be new treasons made by that Act and not to be drawne to example it was abrogated 21. R. 2. and revived by an usurper 1 H. 4. to please the people and by the tenth chap. thereof enacts that nothing shall be treason but what is declared by 25. Ed. 3. 16. Ed. cap. 5.16 R. 2. cap. 5. H. 4. The Regality of the Crowne of England is immediately subject to God and to none other Plaine words shewing where the supreame power is The Commission of Array is in force and no other Commission Rot. Parlm 5. H. 4. numb 24. an Act not printed this Act was repealed by 4. and 5. P. M cap. 2. this repealed by the Act of 1 Iacobi and so it is of force at this day for the repealing Statute is repealed 4. pars instituâ— fol. 51. 125 published fithence this Parliament by the desire of the house of Commons their Order is printed in the last leafe of the commentaries upon Magna Charta Sir Edward Cooke A booke alowed by Sir Na Brent called the reason of the War fol. 65. by their party is holden for the Oracle of the Law who wrote the said fourth part in a calme and quiet time and I may say when there was no need to defend the authority of the Commission of Array For that objection that that Commission leaves power to the
the Reformers and Martyrs and practised in the time of four Princes Fifthly these Propositions taking away from his Majesty all his power by Land and Sea rob him of that which all his Ancestors Kings of this Realme have enjoyed That enjoyment and usage makes the Law and a right by the same to his Majesty They are against their owne Protestation made this Parliament viz. to maintain his Royall Person Honour and Estate They are against their Covenant which doth say that they will not diâ—inish his just power and Greatnesse For these reasons his Majesty hath lest them and as is beleeved will refuse to agree to the said Propositions as by the fundamentall Law of the Land he may having a Negative Voice to any Bils proposed The result of all is upon the whole matter That the King thus leaving of the Houses and his deniall to passe the said Propositions are so far from making him a Tyrant or not in a condition to governe at the present that thereby he is rendred a just Magnanimous and pious Prince so that by this it appeares clearely to whom the Miseries of these times are to be imputed The remedy for all is an Act of Oblivion and a Generall Pardon God save the King DAVID JENKINS now Prisoner in the Tower 28 Aprilis 1647. The Vindication of Iudge Jenkins Prisoner in the Tower the 29. of April 1647. I Was convened upon Saturday the 10 of this moneth of Aprill before a Committee of the House of Commons wherein Master Coâ—bet had the Chaire and I was there to be examined upon some questions then to be propounded to me to which questions I refused to give any other answer then that which wâ—t set downe in a paper I then delivered to the said Mr. Corbet which followeth in these words Gentlemen I stand committed by the House of Commons for High Treason for not acknowledging nor obeying the power of the two Ponses by adhering to the King in this warre I deny this to be Treason for the supreame and onely power by the Lawes of this Land is in the King If I should submit to any examination derived from your vpwir which by the Negative Oath stands in opposition to the Kings power I should confesse the power to be in you and so condemne my selfe for a Traitour which I neither ought nor will do I am sworne to obey the King and the Lawes of the Land you have not power to examine me by those Lawes but by the Kings writ Patent or Commission if you can produce either thereof I will answer the questions you shall propound otherwiss I cannot answer thereto without the breach of my Oath and the violation of the Lawes which I will not do to save my life You your selves all of you this Parliament hive sworne that the King is our onely and supreame Governour your Protestation your Vow and Covenant your solemne League and Covenant your Declarations all of them publisht to the Kingdome that your scope is the maintenance of the Lawes those Lawes are and must be derived to us and enlivened by the onely supreame Governour the Fountaine of Iustice and the life of the Law the King The Parliaments are called by his writs the Iudges sit by his Patents so of all other Dâ—cers the Cities aud â—ownes corporate governe by the Kings Charters and therefore since by the Law I cannot be examinâ—b by you without a power veriveâ— by his Mâ—jesty I neither can nor will nor ougte you to examine me upon any questions But if as private Gentlemen you shall be pleased to 〈◊〉 me any questions I shall really and truely answer evâ—ry such question as you shall demand April 10. 1647. David Jenkins This Paper hath beene mis-represented to the good people of this City by a printed one stilling it my Recantation which I owne not and besides is in it selfe repugnant just like these times the Body fals out with the Head To vindicate my selfe from that Recantation and to publish to the world the realty of the Paper then delivered to Mr. Corbâ—t and the matter therein contained I have published this ensuing discourse No person whoâ— hath committed Treason Mutter 〈◊〉 â—elony hath any assurance at all for so much as one houre of life Lands or Goods without the Kings grâ—tions pardon 27. Hen. 8. cap. 24. The King is not virtually in the two Houses at VVestminster whereby they may give any assurance at all to any person in any thing for any such offence 1. The House of Commons have beelarâ—d to the Kingdome in their Declaration of the 28 of November last to the â—cots Papers p. 8. That the King at this time is not in a condition to goverâ—e No person or thing can derive a vertue to other men or things which it selfe hath not and therefore it is impossible that they should have a vertue from the King to govern which they declare he hath not himselfe to give 2 The Law of the Land is 5 Elizab. cap. 1. That no person in any Parliament hath a vayce in the House of Commons but that he stands a pâ—rson to all intents and purposes as if he had uevâ—r boeu electâ—d or returned if before he sit in the Hause he take not hâ—s Datâ— upon the holy Evangel sts that the Kings Majesty is the onely ond supreame Governour over all persons in all Canses All the Members of the said House have taken it and at all times as they are returned do take it otherwise they have no colour to intermeddle with the publick Affaires How doth this Solemne and Legall Oath agree with their said Declaration That the King is in no condition to govern 〈◊〉 By the one it is sworne he is the only supreme Governour by the other that he is not in a condition to governe 3. The Oath is not that the King was or ought to be or had been before he was seduced by ill Councell our onely and supreame Governour in all Causes over all persons but in the present tense that he iâ— on t only and supream Governont at this present in all causes and over all persons So they the same persons swear one thing and declare to the Kingdome the contrary of the same thing at the same time in that which concerneth the weale of all this Nation 4 The Ministers in the Pulpits do not say what they swear in the House of Commons Who ever heard fiâ—hence this unnaturall Warre any of their Presbyters attribute that to his Majesty which they sweare The reason is their Oath is taken at westminster amongst themselves that which their Ministers pray and preach goes amongst the people To tell the people that the King is now their only and supreame Governour in all Causes is contrary to that the Houses doe now practise and to all they act and maintaine They the two Houses forsooth are the only and supreame Governours in default of the King for that he hath lest his great Councell and
will not come to them and yet the King desires to come but they wil not suffer him but keepe him prisoner at Holmby so well doe their Actions and Oathes agree 5. They sweare now King Charies is their only and supreame Governor but with a resolution at the time of the Oath taking and before and after that he shall not be only or supreame Governour or only and supreame but not any Governour at all For there is no point of Government but for some yeares past they have taken to themselves and used his name only to abuse and deceive the people 6. That this virtuall power is a meere fiction their Propositions sent to Oxford to Neweastle to be signed by the King doe prove it so What needs this adoe if they have the virtuall Power with them at Wistminster 7. To affirme that the Kings power which is the vertue they talke of is separable from his person is High Treason by the Law of the Land which is so declared by that learned man of the Law Sir Edward Cocke so much magnified by this present Parliament who in the 7 part of his Reports in Calving case fol. 11 saith thus In the reigne of Edward the second the Supencers the Father and Sonne to cover the Treason hat hed in their hearts invented this damnable and damned opinion that homage and Oath of Legeance was more by reason of the I Kings Crowne that is of his potitick capacity theu by reason of ohe person of the King upon which â—â—inion they inferred three execraâ—le and detestable consequences h. If the King to not demeaue himselfe by reason in the right of his Crowne his Lieges are bound â—y Oath to remove the King 2 seeing that the King â—ould not be retormed by â—nte of Law that ought so be dene per aspertes that is by orce 3. That his Lieges be beund to governe in â—yde of him and in default of him all which wâ—re condemned by two Parliaments one in the raigue of Edw. 2. called exilium Hugonis le Spencer and the other in anno 1. Edw 3 cap. 2. And that the naturall body and politick maks one indivisible body that these two bodies incorporate in one person make one body and not divers is resolved as the Law of Eng. 4 Ed 3 Ploydon Com. fol. 213 by Sir Co bet Catlin L. Chiefe Justice of Eng. Sir Iâ—mes Dâ—er L. Chief Justice of the Common pleas the L. Sanders L. Chief Baron of the Excheâ—ner by the rest of the Judges viz. Justice Restall Justice Browne Justice Corbet Justice weston Baron Frevylâ— Carus and Powâ—rel Sergeant to the Queene Gerrard Auturny Generall Carell Atturney of the Dutchy Pâ—owdon the learnedest man of that age in the knowledge of the Law and Customes of the Realme 8. The Law in all ages without any controversie is and hath been that no Act of Parliament bindes the Subjects of the Land without the assent of the King â— Hâ—â— 3 Mogn Charta So in every Age till this dâ—y and in every Kings time as appeares by the Acts in Print 1 part of the Iustit Sect. 234. 〈◊〉 fine where many of the Law-Bookes are â—iied 7 Hen. 7.14.12 of Hen. 7.20 either for Person Lauds Goods or Fame No man can shew any sillable letter or line to the contrary in the bookes of the Law or printed Acts of Parliament in any age in this Land If the virtuall power be in the Houses there needs no assent of the Kings The stiles of the Acts printed from 9 Hen. 3. to 1 Hen. 7. were either The King ordaines at his Parliament c. or the King ordaineth by the advâ—ee of his Prelates and Barâ—â—rs and at the humble Petition of the Commons c. In Hen. 7. his time the Stile altered and hath fithence continued thus It is oâ—dained by the Kings Majesty 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 as the soule to the body and therefore our Law bookes call the King the Fountaine of Justice and the life of the Law 9. 2 Han. 4 Cap 22 4 pars instit 42. Mr. â—â—in in his Treatise of the great Seal fol. 17.27 Hen. 8 Chap. 24. Mercy as well as Justice belongs by the Law of the Land onely to the King This is confessed by Mr. Pryn and it is so without any question The King can onely pardon and never more cause to have sufficient pardons then in such troublesome times as these 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. Hen. 8. c. 24. 10. Queene Elizabeth summoned her first Parliament to bee held the 23. of Jan. in the first yeare of her Majesties Raigne The Lords and commons assembled by force of the same Writ the 21 day the Queen fell sick and could not appeare in her person in Parliament that day and therefore prorogued it untill the 25 of the same Month of January Resolved by all the Judges of England that the Parliament began not the day of the returne of the Writ 3 of Eliz. Dier 2â—3 viz. the 23. of January when the Lords and Commons appeared but the 25 of the said Moneth when the Queene came in person which sheweth evidently that this virtuall presence is a meere deluding fiction that hath no ground in Law reason or sence They have the King now a prisoner at Holmby with guards upon him and yet they governe by the virtuall 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 ready to justifie with my life and should hold it a great honour to dye for the honourable and holy Lawes of the Land that which will save this Land from destruction is an Act of Oblivion and his Majesties gracious generall pardon the Souldiers their Arrears and euery man his own and truth and Peace established in the Land and a favourable regard had to the satisfaction of tender Consciences April 29. 1547. David Ienkins THE ARMIES INDEMNITY WITH ADDITION Together with a DECLARATION SHEWING How every Subject of ENGLAND ought to be tried for Treasons Felonies and all other Capital Crimes as is set down in the Lawes of the LAND By DAVID IENKINS now Prisoner in the Tower of London Printed in the Yeare 1648. The Armies Imdemnity c. UPon the publishing of the Ordinance of the 22 of May last for the Indemnity of the Army certaine Gentlemen well affected to the peace of the Kingdome and safety of the Army desired mee to set down in writing whether by the Law of the Land the said Ordinance did secure them from danger as to
6. time was there ever Fine by the House of Commons estreated into the Exchequer For murder or Felony they can imprison no man much lesse for Treason that House which cannot do the lesse cannot doe the greater It is ordained 25. â— 3. c. 4. 3. Car. Petition of Right that no man shall be imprisoned or put out of his Franchise by the King or his Councell but upon indictment or presentment of his good and lawfull Neighbours where the deed is done or by originall Writ at the Common Law and so is Lex terrae the Law of the Land mentioned in Magna Charta cap. 29. expounded and the said Magna Charta and Charta de Forresta are declared by the Statute of 25. E. 1. c. 1. to bee the Common Law of the Land All Judges and Commissioners are to proceed Secundum legem consuetudinem Regni Angliae as appeares by all proceedings in all Courts and by all Commissions and therefore the house of Commons by themselves proceeding not by Indictment Presentment or Originall Writ have no power to imprison men or put them out of Franchise This no way trenches upon the Parliament 4 pars instit p. 1. 3 pars instit p. 23. for it is in Law no Parliament without King and both Houses I have onely in my Paper delivered to Mr. Corbet 12. H. 7.20 Princes case 8 Pars Cook 1 pars instit p. 159. 14 H. 8.3 Dier 3â— H. 8.60 applyed my selfe to that Committee that had not power to examine mee but I never thought said or wrote that the Parliament had no power to examine me The Law and custome of this Land is that a Parliament hath power over my life liberty lands and goods and over every other Subject but the House of Commons of it selfe hath no such power For the Lord Cookes relation 1 pars inst 19. b. that the House of Commons have imposed Fines and imprisoned men in Queen Elizabeths time and since Few facts of late time never questioned make no power nor Court à facto ad jus is no good argument for the words of the Statute of 6. Hâ—n 8. c. 16. that a licence to depart from the House of Commons for any Member thereof 4 P. Inst c. Parl. is to be entred of Record into the Booke of the Cleark of the Parliament appointed Hobbarts reports fol. 152. or to be appointed for that House doth not conclude that the House of Commons is a Court of Records For first that Law of 6. H. 8. c. 26. handles no such question as that whether the House of commons be a court it is a maxime in all Lawes Hobbarts reports fol. 154. Leâ— aliâ—d tractâ—us nil probat the word Record there mentioned is onely a memoriall of what was done and entred in a book A plaint removed out of the County-Court to the Court of the common-Pleas hath these words in the Writ of remove Recordari facias loquelam Fitz. Nat. Br. 70. Fitz. Nat. Br. 13. 12 H. 4.33 34 H. 6.49 c. and yet the county court is no court of Record and so for ancient Demesne in a Writ of false judgement the words are Recordari facias loquelam c. and yet the court of ancient Demesne is no court of Record and so of a court Baron the Law and custome of England must bee preserved or England will bee destroyed and have neither Law nor custome Let any man shew mee that the court of Lords or the House of commons in any age hath made any man a Delinquent Rege dissentiente the KING contradicting it under his Great Seale Miâ—hell and others of late were condemned by the prosecution of the House of commons in King Iames his time did King Iames ever contradict it And so in ancient times where the House of Peeres condemned the Lord Latimer in 50 E. 3. 4 Pars Inst Tit. Parlia p. 23. The Kings pardon freed him which shewes clearly that the Kings expresse or implied assent must of necessitie be had to make a Delinquent The execution of the sentence is in the Kings name The Gentl. saith That the Parliament sits or ought to sit by something greater than the Kings Writ c. No Parliament did ever sit without the Kings Writ 4. Pars inst p. 4. 6. nor could ever Parliament begin without the Kings presence in person or by a Guardian of England by patent under the Kings Great Seal the King being in remotis or by Commission under the Great Seal to certain Lords representing the Kings person and it hath been thus in all Ages unto this Session of Parliament wherein his Majestie hath been pressed and hath passed two Acts of parliament one for a Triennial parliament and another for a perpetual if the Houses please to satisfie their desires how these two Acts agree one with another 4 H. 3. c. 14. 36. H. 3. c. 10. 21. Iac. the Act of Limitation of Actions c. 22. and with the Statute in Edâ— the Thirds time where parliaments are ordained to be holden every year and what mischiefes to the people of this Land such length of Parliaments will produce by protections and priviledges to free them and their menial servants from all debts during their lives if they please to continue it so long and how destructive to mens actions against them by reason of the Statute of Limitations which confines their actions to certain yeares and many other inconveniences of greater importance is easie to understand How can any man affirme that the two Houses of Parliament do act now by the Kings Writ which relates to counsel and treatie with the King 4. p. inst p. 14. Vow any Covenant p. 11. concerning the King the defence of his Kingdom and of the Church of England these are three points which it tends to as appeares by the Writ They keep their King prisoner at Holmby and will not suffer him to consult and treat with them They have made a Vow and Covenant to assist the Forces raised and continued by both Houses against the Forces raised by the King without their consent and to the same effect have devised the Oath which they call the Negative Oath Is this to defend the Kings Kingdom or their kingdom When by their solemne League and Covenant they extirpate Bishops Deanes and Chapters root branch Is this to defend the Church of England 3. pars Cook Dean and Chapter of Norwich that Church must necessarily be meant that was the Church of England when the said Writ bore test they were not summoned to defend a Church that was not in being to destroy and defend the Church are very contrary things the Church is not defended when they take away and sell the Lands of the Church The Gentleman saith The King cannot controul other Courts of Justice or prevent them from sitting or acting and therefore not the two Houses c. 14 H. 8.3 36. H. â— Dier
a Corporation by the Common-Law 14 H. 8. f. 3. as the King Lords and Commons are a Corporation in Parliament and therefore they are no body without the King The death of the King dischargeth all mainprise to appeare in any Court or to keepe the peace 34 Ed 3.48 1 Ed. 4.2 The death of the King discontinues all Pleas by the Common-law 2 H. 4.8 1 H. 7.10 1 Ed. 5 1. which agreeth not with the virtuall power insisted upon now Writs are discontinued by the death of the King Ed 6. 2 Ed. 6. c. 7. Patents or Judges Commission for Justices of the Peace Sheriffs Escheators determined by his death where is the virtuall power All authority and jurisdiction spirituall and temporall is derived from the King 1 Ed. 6. c. 2. therefore none from the Housess His Majesties Subjects â— 3 Ed. 6. c. 2. 11 H. 7. c. 1. Calvins Case sâ— part Cooke 1 Pars instit 69. according to their bounden duties ought to serve the King in his warres of this side or beyond the Seas beyond the seas is to be understood for wages This proves the power of warres and preparation for warre to be in the King It is most necessary both for common policy and duty of the Subject 5.6 Ed. c. 11. to restraine all manner of shamefull standers against their King which when they be heard cannot but be odible to his true and loving subjects upon whom dependeth the whole unity and universall weale of the Realme This condemnes their continuing of the weekely Pamphlets who have beene so foule mouthed against his Majesty The punishment of all offendors against the Lawes Q. â—â—ary 1. Mar. Pl. 2. cap. 2. belongs to the King and all jurisdictions do and of right ought to belong to the King This leaves all to his Majesty All Commissions to leavy men for the warre 4.5 P. M. c â— Q Eliz. 10 Eliz. Pl. 315. are awarded by the King The power of warre onely belongs to the King It belongs to the King to defend his people and to provide Armes and Force No speech of the two Houses Roy ad sble governmeni de ses subjects Plow 234.242.213 Calvins case 7. pars fol. 12. Plow com 213. Corps naturall le Roy politique sunt un corps That is the king hath the sole government of his Subjects the body politick and the naturall body of the King make one body and not divers and are inseperable and indivisible The body naturall and politique make one body Plou 914.243.213 Calvins case 7. pars fol. 12 and are not to be severed Ligeance is due to the naturall body and is due by nature Gods Law and Mans Law cannot be forfeited nor renounced by any meanes it is inseparable from the person Every Member of the House of Commons 1 Eliz cap. 1 Candries case 5 pars fol. 1 at every Parliament takes a corporall Oath That the King is the supreame and onely Governour in all causes in all his Dominions otherwise he is no Member of that House The words of the Law are in all causes over all persons The said Act of 1 Eliz. is but declarative of the ancient Law 4â— Eliz. 3. pars instit fol. 6.2 Candries Case ibid. The Earle of Essex and others assembled multitudes of men to remove Councellors adjudged Treason by all the Judges of England To depose the King 39 Eliz. Hil. 1 Iacobi ibid or take him by force to imprison him untill he hath yeelded to certaine demands adjudged Treason and adjudged accordingly in the Lord Cobbams Case Atising to alter Religion established 39 Ed. Brad case f. 9. 16. By all the Judges of England ibid. 10. Eli. Plow 316 or any Law is treason so for taking of the Kings Castles Forts Ports or Shipping Brooke treason 24.3 4. Philip and Mary Dier Staffords Case concerning Scarborough The Law makes not the servant greater then the Master nor the subject greater then the King for that were to subvert order and measure The Law is not knowne but by Usage and Usage proves the Law 10 Eliz. Plow 31â— and how Usage hath been is notoriously knowne The King is our onely rightfull and lawfull Leige Lord and Soveraigne K. Iames 1 Iac. cap. 1 9 Ed 4 fol 8 we doe upon the knees of our hearts adnize constant Faith Loyalty and Obedience to the King and his Royall progeny in this high Court of Parliament where all the body of the Realme is either in person or by representation We doe acknowledge hat the true and sincere Religion of he Church is continued and established by the King And doe recognize as we are bound by the Law of God and Man the Realme of England and the Imperiall crowne thereof doth belong to him by inherent birth-right and lawfull and undoubted succession and submit our selves and our posterities for ever untill the last drop of our blood be spent to his rule and beseech the King to accept the same as the first fruits of our Loyalty and faith to his Majesty and his posterity for ever and for that this Act is not compleat nor perfect without his Majesties assent the same is humbly desired This proves that the Houses are not above the King that Kings have not their titles to the Crown by the two Houses but by inherent birth right and that there can be no Statute without his expresse assent and destroyes the Chimera of the Kings virtuall being in the Houses To promise obedience to the Pope or any other State 3 Iae. cap. 4. 23 Eliz. c. 1. Prince or Potentate other then the King his heyres and successors is treason and therefore those persons who call the houses the Estates offend this Law Such Bils as his Majesty is bound in conscience and justice to passe K. Charles Collection of Ordinances fol. 727. 1 pars ib. fol. 728. are no Law without his assent To designe the ruine of the Kings person or of Monarchy is a monstrous and injurious charge Vbi lâ—x non distinguit non est distinguendum ibid. fol. 865. all the aforesaid Acts and Lawes do evidently prove the Militia to belong to the King that the King is not virtually in the two Houses that the King is not considerable separately in relation to his politick capacity that the King is not a person trusted with a power but that it is his inherent birth-right from God Nature and Law and that he hath not his power from the people These Lawes have none of those distinctions of naturall and politicke abstractum concretum power and person in Caesars time this Island had Kings and ever since which is almost 17 hundred yeares agoe No King can be named in any time made in this Kingdome by the people A Parliament never made King for they were Kings before the Parliaments are summoned by the Kings Writs which for Knights Citizens and Burgesses begins thus
viz. Rex vic Wilts Saltem Quia Nos de avisamento assensia consilii nri pro quibus arduis urgentib negotiis nos statune defensionem Regni nri Aug. Eccles Anglie concernentibus quoddam Parliamentum nrum apud B. teneri ordinavimus ibid. cum Prelatis Magnatib proceribus dicti Regni nri Colliquium habere tractatum â—ibl precipimus firmiter injungendo quod facta Proclamatione in prox Comitatu tuo post receptionem ejusd Brevis duos Milites gladiis cinctos c. eligi faceas ad faciendum consentiendum hiis quae tunc ibidem de Commâ—â—â—i Concilio uro 4 pars Inst 241. Angl. foventi Deo contigerit ordinari super Negotiis ante dictis ita quod pro defectu potestatis bujusmodi seu propter improvidam electionem Mileum Civium Burgensium praed dicta negotia ura infect a non remanerent The King is Principium a pars Instit fol. 3. 4 capâ—â— finis Parliamenti the body makes not the head nor that which is posterior that which is prior consilium non est Preceptum consiliarii non sunt Preceptoris for Counsell to compell a consent hath not been heard of to this time in any age and the House of Commons by the Writ are not called ad co silium the Writs to the twelve Judges Kings Counsell twelve Masters of the Chancery are consilium impensuri and so of the Peeres The Writs for the Comminalty Ad faciendum consentiendum Which shewes what power the representative body hath they have not power to give â—n Oath neither doe they claime it The King at all times The Oath of the Justices 18 of E. 3. among Statutes of that yeare when there is no Parliament and in Parliament is assisted with the advice of the Judges of the Law 12 in number for England at least hath two Sergeants when fewest an Attorney and Solicitour twelve Masters of the Chancery his Councell of State consisting of some great Prelates and other great Personages versed in State affaires when they are fewest to the number of twelve All these persons are alwales of great substance which is not preserved but by the keeping of the Law The Prelates versed in divine Law the other Grandees in affaires of State and managery of Government The Judges Kings Sergeants Attorney Solicitour and Masters of the Chancery versed in the Law and Customes of the Realme All sworne to serve the King and his people justly and truly the King is also sworne to observe the Lawes and the Judges have in their Oath a clause that they shall doe common right to the Kings people according to the established Lawes notwithstanding any command of the King to the contrary under the Great Seale or otherwise the people are safe by the Lawes in force without any new The Law finding the Kings of this Realme assisted with so many great men of Conscience Honour and skill in the rule of Common-wealth knowledge of the Lawes and bound by the high and holy bond of an Oath upon the Evangelists settles among other powers upon the King a power to refuse any Bill agreed upon by both Houses and power to pardon all offences to passe any Grants in his Minority there are many great persons living hold many a thousand pounds a yeare by patents from Edward the sixth passed when he was but ten yeares of age not to be bound to any Law to his prejudice whereby he doth not binde himselfe power of war and peace coyning of Mony making all Officers c. The Law for the reasons aforesaid hath approved these powers to be unquestionable in the King and all Kings have enjoyed them till 3 Nov. 1640. It will be said notwithstanding all this fence about the Lawes the Lawes have been violated and therefore the said powers must not hold the two Houses will remedy this The answer to this is evident There is no time past nor time present nor will there be time to come so long as men manage the Law but the Lawes will be broken more or lesse as appeares by the story of every age All the pretended violations of this time were remedied by Acts to which the King consented before his departure 10. Jan. 1641. being then driven away by Tumults And the Houses for a yeare and almost three Moneths from 3 Nov. 1640. to 10 Jan. 1641. as aforesaid being a yeare and almost three Moneths had time and liberty to question all those persons who are either causes or instruments of the violation of any of the Lawes Examine how both Houses remedied them in former times First touching Religion what hath been done this way Both Houses in Henry the eights time tendred to him a Bill to be passed called commonly the Bill of the six Articles this was conceived by them to be a just and a necessary Bill Had not Henry the eight done well to have refused the passing of this Bill Both Houses tendred a Bill to him to take the reading of the Scriptures from most of the Laity Had not King Henry the eight deserved much praise to reject this Bill In Queene Maries time both Houses exhibited a Bill to her to introduce the Popes power and the Roman Religion had not Queene Mary done well to have refused this Bill Many such instances may be given The two Houses now at westminster I am sure will not deny but the refusall of such Bills have beene just the King being assisted as aforesaid and why not so in these times For the Civill Government what a Rill did both Houses present to Richard the third to make good his Title to the Crowne had it not beene great honour to him to have rejected it What Bills were exhibited to Henry the eight by both Houses for bastardizing of his Daughteâ— Elizabeth a Queene of renowned memory to settle the Crowne of this Realme for default of Issue of his body upon such persons as he should declare by his Letters Patents or his last Will and many more of the like had not this refusall of passing such Bil's magnified his vertue and rendered him to Posterity in a different Character from what he now hath And by the experience of all times and the consideration of humane frailty this conclusion is manifestly deduced that it is not possible to keep men at all times be they the Houses or the King and his Councell but there will be sometimes some deviation from the Lawes and therefore the constant and certaine powers fixed by the ancient Law must not be made voyd and the Kings Ministers the Lawes doe punish where the Law is transgressed and they onely ought to suffer for the same In this Parliament the Houses exhibited a Bill to take away the suffrages of Bishops in the upper House of Parliament and have sithence agreed there shall be no more Bishops at all might not the King if he had so pleased have answered this Bill with Le
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
60. 4. p. inst p. 1. It is true the King cannot controule or prevent his other Courts for that they are his ordinary Courts of common Justice to administer common right unto all men according to the fixed Lawes The Houses make no Court without the King they are no Bodie corporate without the King nor Parliament without the King they all make one corporate Bodie one Court called the Parliament whereof the King is the Head and the Court is in the Lords House where the King is present and as a man is no man without a head so the Houses severed from the King as now they are have no power at all and they themselves by levying War against the King and imprisoning of him have made the Statute for not dissolving adjourning or proroguing this Parliament of no effect by the said Acts of their own they sit to no purpose without his assent to their Bills they will not suffer him to consult with them and treat and reason with them whereby He may discerne what Bils are fit to passe and what not which in all Ages the Kings of this Land have enjoyed as their undoubted Rights and therefore they sit to no purpose by their own disobedience and fault For the ordinary Courts at Westminster 27. H. 8. c. â—4 28. H. 8.11 Dier the Judges in all those Courts are Judges by the Kings patent or Writ otherwise they are no Judges the Houses can make no Judges 2. â— 3.11 they are no Judges at all who are made by them the whole and sole power of making Judges belongs to the King the King cannot controul or prevent his own Judges from â—itting and acting but the Houses He may for they are not the Kings Judges but the judges of the â—â— Houses In his other Courts the King commits his power to his Judges by his patent and they are sworne to do common right to all men and the King is sworn not to let them from so doing the King cannot judge in those Courts nor controul but the King is both Judge and Controuler in the Court of Parliament Quoad Acts for his assent or dissent doth give life or death to all Bills Many Lawyers have much to answer to God this Kingdom and to posteritie for puzling the people of this Land with such Fancies as the Gentleman who wrote the Answer to my Paper and others have published in these Troubles which have been none of the least causes of the raising and continuing of them And so I have done with the first part of this Answer AD. 2. For the Non sequitur in the second Section of the Gentl. Answer the Antecedent and the Consequent are his own Quem recitas meus est O Fidentine libellus Sed malè dum recitas incipit esse tuus My words are that the King is not virtually in the two Houses at Westminster to enable them to grant pardons for that whole and sole power by the Law belongs to the King My paper hath no such thing 27. H. 8. c. 24. as that the Kings power cannot be derived to others or the virtue of his power For his power and the virtue of his power â— in all patents to his Judges in harâ—ers to Corporations in Commission of all sorts and in the Parliament assembled by force of his Writ of Summons so long as they obey him but when they renounce that power and claim it not from the King and declare to the Kingdom that he is not in condition to govern and imprison him and usurp to themselves all Royal Authoritie as the two Houses now do no reasonable man can affirme that they Act by the power of their Prisoner who hath no power to give them that by force of Armes take all power unto themselves The Gent saith The King grants Commissions dayly of Oyre and Terminer which he cannot frustrate nor elude The King may revoke and discharge the Commission by his Writ as he may remove all Judges and place other men in their room and any Kings death determines all the Judges Patents at Westminster Hal Commission of Oyre and Terminer c And so he might dissolve both Houses in all times 4. â— 4.39 5. â— 4.4 1. Eliâ— Dier 165. 1. Mar. Brooks case 〈◊〉 by his Writ under the Great Seal untill that in this Parliament by his own concession the King of his goodnesse had secluded himselfe which goodnesse hath been full ill requited The Gentl. affirmes That the power the Parliament hath is concurrent from the King and Kingdom which he conceives is proved by the grant of Subsidies to the King by the Parliament 4. pars 〈◊〉 pag. The mistaking of this word Parliament hath been mischievous in these times to this Land and it is affectedly mistaken which makes the sin the greater for the two Houses are not the Parliament as before is declared and at this time so to inculcate it when all men know that of the 120. Peers of this Kingdom who were temporal Peers before the Troubles there are now not above 30. in the Lords House and in the House of Commons about 200. of the principal Gentlemen of the Kingdom left the House and adhered to his Majesty who is imprisoned by them shewes no such candor as is to be desired It is true that no Tallage can be laid upon the people of this Land but by their consent in Parliament as appeareth by the Lawes mentioned in the Margent but you shall finde in M. Seldens learned Book called Mare clausum a number of presidents in Henry the Thirds time for Ship-mony justly condemned this Parliament to the which his Majesty assented and in truth that Ship-money was condemned before by the said two Statutes of 25. E. 1 34. E. 1. de Tallagio non concedendo 25. E. 1. confirmatio chartarum c. 6. 34. H. 1. c. 1. de Tallagio non concedendo Dangelet Englishely and many grievous Burthens were laid upon the people and born untill that memorable Princes time But I am of opinion that the common Law of the Land did alwayes restrain Kings from all Subsidies and Tallages but by consent in Parliament which doth appear by Magna Charta the last chapter where the Prelates Lords and Communalty gave the King the fifteenth part of their moveables In truth it is no manner of consequence because the King cannot take what he pleaseth of the Subjects goods that therefore they have a concurrent power in Parliament there have been many Parliaments and no Subsidies granted parliaments may be without Subsidies but Subsidies cannot be without parliaments of ancienâ— times parliaments rarely granted any unlesse it were in the time of forrâ—igne Warres and in my time Queen Elizab. refused a Subsidie granted in parliament and in the parliament of 1. Iac. none were granted The Gentl. should make a conscience of blinding the people with such untrue colours to to the ruine of the King and people AD. 3. The Gentl.
the Parliament time by all the Members of the House of Commons and is required by the Law to be taken in all Parliaments otherwise they have no power nor colour to meddle with the publick Affaires This Oath being taken in Parliament that the King is the only and Supream Governour in al causes then it followes in Parliament causes over all persons then over the two Houses Let them keep this Oath and we shall bee sure of Peace in the Land and good Lawyers ought to desire peace both for the publicke good and their private and not dishonour that Noble profession as many doe in this miserable time The Gent. sayes Wee do not swear that the King is above all Law nor above the safety of his people neither do we so swear but his Majesty and we will sweare to the contrary and have sworne and have made good and will by Gods grace make good our Oath to the world that the KING is not above the Lawe nor above the safety of his people the Law and the safety of his people are his safety his Honour and his Strength AD 8. The Gent. concludes That Acts of Parliament are not formaly binding nor compleat without the Kings assent yet the Houses have a virtual power with out the Kings particular assent to doe things in order to publique justice and Safety viz. In setting up the Excise in raising and maintaining of Armes in Taxing the people at pleasure with Fifth and Twentieth part Fifty Subsidies Sequestrations Loans Compositions imprisoning the King abolishing the Common prayer Book felling the Churchs Lands c. all these are in order to the publick Justice and Safety Mr. H. P. you are of my profession I beseech you for the good of your Country for the Honour of our Science perswade your selfe and others as much as in you lies to beleeve and follow the monition and councell of that memorable reverend and profoundly Learned in the Lawes and Customes of the Land the Lord COOKI 3 par Inst pag 36. who writes as becomes a great and a learned Iudge of the Law a person much magnified by the two Houses in these words Peruse over all Books Records and Histories and you shall finde a Principle in Law a Rule in Reason and a Triall in Experience that Treason doth ever produce farall and finall destruction to the offender and never attains to the desired end two incidents inseparably thereunâ—o therefore let al men abandon it as the poysonouâ— bait of the divil follow the Precept in Holy Scripture SERVE GOD HONOUR THE KING AND HAVE NO COMPANY WITH THE SEDITIOVS Conclusion I say againe that without an Act of Oblivion a gratious Generall pardon from his Majesty the arrears of the Souldiers paid a favourable regard had to tender Consciences theâ—e will he neither Truth nor Peace in this Land nor any mansâ—cure of any thing he hath By me David Jenkins Prisoner in the Tower A DISCOURSE TOVCHING The Inconveniencies of a Long-continued PARLIAMENT A Perpetuall Parliament is repugnant to the Act made this Parliament for a Triennial Parliament for how can every three yeares a Parliament beginne if this bee perpetuall which may bee so if the two Houses please 2. An adjournment of the Parliâ—ment makes no Session 4 pars institut fol. 27. Howbeit before the adjournment the KING gives His Royall assent to some Bills Cookeibid 3. There is no Session till a Prorogation or dissolution of the Parliament 4. This Parliament as appeâ—res by the Act for not dissolving thereof set downe in the printed Statutes of this Parliament Plowd com 33.8 Bro. relation 35. Bro Parl. 86. Dâ—â— 1. Mariae 8 fol. 138. cannot be prorogâ—ed or dissolved but by Act of par liamènt There hath been as yet no Act of Parliament in that behalfe And therefore all the Acts of this Parliament are Acts of one Session 5. All Acts of one Session relate to the first day of the Parliament and all the Acts of such a Parliament are acts of one day so the Act for the Trienniall and the Act for this Perpetuall are two Acts of one day by the Law 6. 4 Ed. 3. cap. 36. Ed. 3. cap. 10. A Parliament is to be holâ—en once every yeare and more often if need shall bee those Acts are confirmed by the Act for the Trienniall Parliament How doth a perpetuall Parliament agree with a Parliament once every yeare or with the intention of those Lawes How doth a Parliament every three-years agree with a Parliament for ever which may be if the two Houses please 7. The result is this atâ—ent day in Law this Parliament two acts have passed for howbeit the one was in 16 Carol. and the other in 17 Carol. yet both in Law are Acts of one day the one saith there shall be a Trienniall Parliament after the end of the sitting of this Parliament The other this Parliament shall sit for ever if they please The one will have a Parliament with an end the other a Parliament without an end When an Act of Parliament is against common Right or Reason 1 Pars. Doct. Bon. hams case â—o 11 8. 8. E. 3 3.30.33 E. cassaâ—it 32. 27. H. G. Anuity 41. 1. Eliz. Dâ—er 113. or repugnant or impossible to be performed the Common Law shall controle it and adjudg this Act to be void they are the words of the Law An Act of Parliament that a Man shall be judg in his own Cause is a void Act. Hobbart Fol. 120. Begin with Common Right It is against Common Right that indebted men should not pay their debts That if any Member of the House of Commons doe any Subject wrong by disseising him of his land or dispossessing him of his goods or blasting of his fame or doing violence to his person that such persons during their lives should not be questioned by a Priviledg of Parliament and that extended also to many other beside themselves common right doth abhor these Enormities which a perpetuall Parliament doth beget besides the utter destruction of al mens actions real personall or mixt 21. Iac c. 16. who have to doe with Parliament-men by the statute of Limitation which confines Suites to certaine yeares For Common Reason Parliaments were ordained for remedies to redresse publique greivances it is against reason they should make publique and insufferable Grievances The Law of the Land allowes no protection for any men imployed in the service of the Kingdome but for a yeare to be free from Suites and in many Suites none at all howbeit he be in such service 39. H. 6.39 but a Parliament perpetuall may prove a protection not for a yeare but for ever which is against all manner of reason For impossibility The death of his Majesty whose life God prolong dissolves 〈◊〉 necessarily for the Writ of Summons iâ— Carolus Rex in hoc individuo and Carolus Rex is in this particular habiturus colloquium tractatum cum prelat is
which are the Common lawes of the land Doth Excise the Fifth and Twentieth parts Meal-money and many more Burdens which this Land never heard of before maintaine the Liberties of the people You and that party of the two Houses made the Army by severall Declarations before Engagement believe that you would preserve the Kings Honour and Greatnessâ— the Lawes and Liberties of the people The Army and the whole Kingdome now facta vident see your Actions and have no reason longer to believe your Oathes Vowes and Declarations and since that party in the two Houses refuse to performe any thing according to their said Oathes Vowes And Declarations the Army and the Kingdome may and ought both by your own principles and the Lawes of the Land to pursue the ends for which they were raised And so your first Quare is resolved whereby it is manifest that specious pretences to carry on ambitious and pernitious Designes fix not upon the Army but upon you and the prevailing party in both Houses 3 par Inst f. 12.39 El. 1 Iac. ibi 3 3. E. 6. c. 3 11. 〈◊〉 7. c. 1. The solution of the second Quaere The Army to their eternall honour have freed the King from imprisonment at Holmby It was High Treason to imprison his Majesty To free his Majesty from that imprisonment was to deliver him out of Trayterous hands which was the Armies bounden duty by the Law of God and the Land That party refused to suffer his Majesty to have two of his Chaplaines for the exercise of his Conscience who had not taken the Covenant free accesse was not permitted doth the Army use his Majesty so all men see that accesse to him is free and such Chaplaines as his Majesty desired are now attending on his Grace Who are the guilty persons the Army who in this action of delivering the King act according to Law or the said parâ—y who acted Treasonably against the Law Who doth observe the Protestation better they who imprison their King or they who free him from prison That this Army was raised by the Parliament is utterly false The Army was raised by the two Houses upon the specious pretences of the Kings Honour common safety and the preservation of Lawes and Liberties which how made good hath beene shewed before and all the people of the Kingdome do finde by wofull experience The two Houses are no more a Parliament than a Body without a Head a Man 14 H. 8 3.36 H. 7 Dier 60 4 pars Instit p. 1 3 12 14.16 R. 2 c. 1â— 5 Eliz. c. 2 17. Carol. The Act for the continuance of this Parliament The two Houses can make no Court without the King they are no Body Corporate without the King they all Head and Members make one Corporate Body And this is so clear a Truth that in this Parliament by the Act of 17. Caroli it is declared That the Parliament shall not be dissolved or prorogued but by Act of Parliament but the two Houses may respectively adjourne themselves Two Houses and a Parliament are severall things cuncta fidem vera faciunt all circumstances agree to prove this truth Before the Norman conquest and since to this day 4 par Instit p. 18.4 par Instit p. 4 9 5 Eliz c. i 2 the King is holden Principium caput Finis that is the beginning Head and chiefe end of the Parliament as appeareth by the Treatise of the manner of holding of Parliaments made before the Norman Conquest by the Writ of Summons of Parliament whereby the Treaty and Parler in Parliament is to be had with the King only by the Common Law by the Statute-Law by the Oath of Supremacy taken at this and every Parliament it doth manifestly appeare that without the KING there can be no coulour of a Parliament How many Votes have they revoked in one Session yea and Bills Was there ever the like done Nay is not the constant course of Parliaments violated and made nothing thereby They are guarded by armed men divide the publike Mony among themselves and that party endeavours to bring in a Forraigne Power to invade this Land againe If they be no Parliament as clearly they are none without his Majesty they have no privâ—ledges but do exercise an Arbitrary Tyrannicall and Treasonable power over the people By the Law of the Land 7 E. 4 20 8 E. 4 3 9 E. 4.27 4 H 7 18 27 H 8 23. when Treason or Felony is committed it is lawfull for every Subject who suspects the Offendor to apprehend him and to secure him so that Justice may be done upon him according to the Law You say the disobedience of the Army is a sad publick president like to conjure up a spirit of universall disobedience I pray object not that conjuring up to the Army whereof you and the prevailing party in the Houses are guilty who conjured up the spirit of universall disobedience against his Majesty your and our onely Supreme Governour but you and that party in the two Houses and even then when the House of Commons were taking and did take the said Oath of Supremacy For the Covenant you mention it is an Oath against the Lawes of the Land against the petition of Right devised in Scotland wherein the first Article is to maintaine the Reformed Religion in the Church of Scotland And certainly there is no Subject of the English Nation doth know what the Scottish Religion is 2 par Coll. of Ord. pag. 803. 3 par Inst fol. 165. Petition of Right 3. Car. â— pars instit 71â— I beleeve the Army tooke not the Covenant No man by the Law can give an Oath in a new case without an Act of Parliament and therefore the imposers thereof are very blameable and guilty of the highest Crime The Writer of these Quaeres seems to professe the Laws Let him declare what Act of Parliament doth justifie the tendring giving or taking of the said Oath he knoweth there is none he knoweth that all the parts of it are destructive of the Laws and Government to maintaine which the Law of Nature and the Law of the Land hath obliged them The Oath of the Covenant makes the Houses supream Governours in causes Ecclesiastical the Oath of Supremacy makes the King so and yet both taken by the same persons at the same time What credit is to be given to persons who make nothing of Oathes and contradict themselves How do the Covenant the Oath of Supremacy agree How do their protestation and the Covenant agree How do their Declarations and Oaths agree The Lord be mercifull to this Land for these Oaths It is a sad thing to consider that so many Gentlemen who professe the Lawes and so many worthy men in both Houses should be so transported as they are knowing that the Lawes of the Land from time to time and in all times are contrary to all their actions and that they yet should amuse
and in laying Burdens upon the people and in breaking all the Oathes Vowes and promises they ever made As the Army hath power 2 3 E 6. c. 2. 11 H 7 c. 1. Calvins case 7. pars Cook fol. 11 so now adhering to the King all the Lawes of God Nature and Man are for them their Armies are just and blessed and the King is bound in justice to reward his Deliverers with honour profit and meere Liberty of conscience To the VI. Quaere All the sixth Quaere containes calumnies cast upon the Army the new Elections are against all the Lawes mentioned in the Margin and are against the Ejection of the old Members and by this it may be judged 11 M 4 c. 1 1-h 5 0 1.8 h 6 c. 7 23 h. 6 c. 15. what a House of Commons we have By the said Lawes it appeares that if any undue returne be made the person returned is to continue a Member the Sheriffes punishment is two hundred pounds one to the King and the other to the party that is duly elected Imprisonment for a yeare without Bail or mainprize 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 De solutione Militum Civium Burgensium Parliament And the trial of the falsity of the returne is to be before the Justices of Assizes in the proper county or by action of Debt in any Court of Record This condemnes the Committee for undue Elections 3. Ed. 4.20.5 Ed. 4.42 which hath been practised but of late times for besides these Lawes it is a-Maxime of the Common Law art 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 Statutes condemne Elections of such men who were not resâ—ant and dwelt in the County or Boroughs for which they were returned and any abusive practise of late times to the contrary is against the Law and ought not to be allowed To the VII Quaere The Quaerist saith that the Votes of the Independents in the Houses were arbitrary exorbitant and irregular and that they disposed and singred more of the common Treasure than others That whole Quare I believe is false and slandeâ—ous and the Author ought to make it good or else to undergo the Law of Talnio 37. Ed. 5. c. 17. which is to suffer such punishment failing of his poof as the accused should in case of proofe made To the VIII Quaere This Quaere is all minatory and threatning and the contrary of every part is true by the deliverance of the King and Kingdom from the bondage of that party in the 2 Houses by the Army their renown will be eversasting they secure themselves they content and please the Kingdome City and Countrey as appeares by their confluence to see his Majesty and the Army and their acclamations for his Majesties safety and restitution all which doth evidence to every one of the army how acceptable the intentions of the Army are to the people of this Land who have been so long inthralled Sir Thomas Fairfaâ— let your Worthinesse remember your extraction and your Ladies by the grace and favour of the Prince to be in the ranke of Nobility Remember what honour and glory the present Age and all posterity will justly give to the Restorer of the King to his Throne of the Lawes to their strength and of the afflicted people of this Land to peace Let the Colonels and Commanders under You and likewise your Souldiery rest assured that they shall not only share in the renowne of this Action but also shall have such remuneration as their haughty Courage and so high a virtue doth deserve This his Majesty can and will do the Houses neither will nor can and God blesse you all and prosper you I Conclude all as I have alwayes done without an Act of Oblivion a generall pardon the arrears of the Souldiery paid and a regard to Liberty of conscience this Kingdom will certainly be ruined Iudge Ienkins PLEA delivered into the Earl of Manchester and the Speaker of the House of COMMONS Sitting in the CHANCERY at WESTMINSTER Which was read by their Command in open Court the 14th of Febr. 1647. And there avowed By DAVID IENKINS Prisoner in NEVVGATE LONDON Printed In the Yeare 1648. Judge Jenkin's PLEA Delivered in to the Earle of Manchester and the Speaker of the House of COMMONS sitting in the CHANCERY at WESTMINSTER I Have been required to appear in the Chancery the Twelfth of this instant February before Commissioners appointed by the two Houses for the keeping of their Great Seal and managing the Affaires of the Chancery I cannot nor ought nor will submit to this power I am a Judge sworne to the Lawes The Law is First that this Court is Câ—ram Râ—gâ— in Cancellaria 4 pars instfol 79 â— E 4 fol 5 â— E 4 f 15 Secondly the Chancellor or Keeper of the great Seale is by delivery of the Great Seale to him by the KING and by taking of an Oath The Oath followeth in these words 1. 42 pars inâ—â— 10 R 2 rot Parlanum â— Well and truly to serve our Sovcraigne Lord the King and his people in that Office 2. To do right to all manner of people poor and rich after the Laws and usages of this Realm 3. Truly to Counsell the King and his Coun cell to conceate and keep 4. Not to suffer the hurt or disheriting of the King or that the rights of the Crown be decreased by any means â—â—farre as he may let it 5. If he may not let it be shall maâ— it clearly and expresly to be knowne tâ— the King with his advice and counâ— sell 6. And that be shall do and purchase the Kings profit in all that he reasonably may as God him help and the contents of Gods book The said Commissioners among others have Imprisoned their King Declar. 17 Ian. 1647 have declared to the Kingdome that they will make no Addresses or Applications to him nor receive any from him Have counterfeited a new great Seal Articulisup chartrs c. 5 and after destroyed the true old great Seale which belonged by the Law to the Kings custody These Commissioners have had no Seale delivered to them by his Majesty have taken no such Oath or full ill kept it and for these evident reasons grounded upon the sundamental Lawes of this Land these Commissioner have neither Court Scale or Commission and therefore I ought not against â—he Lawes against my knowledg and against my conscience submit to their power To affirâ—e that they maintaine the Kings power and authority in relation to His Lawes as they often do and restraine only his person is strange They must be remembred that the House of commons this Parliament gave in charge to Mr. Solicitor upon the prosecution of the
non licet testari this Pubertas begins at 14. it is Plena pubertas at 18 yeares of age The question is whether this jus testandi is in pubertate plena or pubertate inceptâ Pigots Case 5. part of Cookes Reports the Doctors affirmed that 17 years of age was a full age as to an infant Executor to dispose of Goods this opinion hath been by others sithence denyed Sir Edward Cook 11 part Inst sect 123. saith He must be 10. which is the time of plena pubertas 2. Hen. 4.12 an infant of 18. years of age may be a deisseissour Sir Jo. Doderigge in his booke called The Office and Duty of Executors which they say is his and it is a learned and laborious Treatise fol. 347. delivers that this opinion of 17. yeares for that ability in an infant hath been reported otherwise This latter opinion comes nearer the Common Law and the Statute Law of the Land which Common Law and Statue Law gives infants no power by Deed or Will to make any disposition of any thing they have before they be 21 yeares of of age It seems also more reasonable because infants at 18 yeares have by the intendment of Law as they grow in yeares more use of reason to discern what is fit for them to doe and act And for a meere stranger to sue in a Court of Conscience who pretends by such Wills of infants the infant Husband being ravished against the will of the Kindred of the deceased who dyed six yeares sithence without issue being 17 yeares of age and that any part of his part of his estate should go that way by a course of Equity unlesse the Law be for Mr. Erneley who heyd not a penny with his Daughter and who would have the Husband of his daughter bring him a portion by his pretended title of an Executor of an Executor of an Execueor viz. of an infant the Executor of another infant the Executor of a third person seems very strange The said Licensed Historiographer of theirs hath published the 16 of this present Moneth of February 1647. that I out of a desire to keep the Estate have in a suite in the Court of wards in my Cousins life time pleaded to the Iurisdiction of that Court. It is true I did so for I conceived that the Estate would be unsafe in Mr. Ernley's hands and I was willing to preserve it titl my young Cousin came to be of age to dispose of it himselfe according as I was trusted The Law being 32. H. 8. c. 46.4 pars inst fol. 201.202 that the Court of Wards had no jurisdiction over the personall estate for then the Marriage was paid for to the King and all due to the King ascertained It is true that that was insisted upon as was just for to preserve the Estate from Mr. Erneley who would have made what account he pleased to my Cousin at his full age And this is the truth of that businesse That I declined not the Jurisdiction of the Chancery to keepe an Estate in my hand appeares by my declining long sithence the power of the House of Commons to examine me and the Reformers have all my Estate What would Mr. Ernley have when they the Reformers have all already or can have from me if he had any colour J desire the good people of this City to observe what notorious Vntruths their Licensed Historigraphers publish to delude the people In this particular case they publish First That the Suit against me is in the behalfe of an Orphan M. Earnely who is Plaintiffe in their Court is a Wiltshire Gentleman at the least of 50. years of age there is their Orphan Secondly That I made a speech to the people at the Hall door that the questioning of me for what I had done for the KING was illegall and that the Iudges had no power to tâ—y me the KING being absent Another notorious untruth For I protest to God all that I said was onely this God preserve the KING and the Lawes Thirdly it is said that comming to the Barre I stirred not my Hat All the Lawyers then at the Barre were uncovered wherefore I held it a civility to be also uncovered and so I was as they all know Fourthly That the E. of Manchester should say I received a great estate in money of the Orphans estate As there is no truth in it so it is most untrue that the said Lord so said as all men present can testifie The truth is they care not what they do what they say what they swear nor what they write Witnes the Declaration of a prevailing party of the H. of CoÌ„mons of the 11 of this instant February who contrary to the Oath of Allegiance the Oath of Supremacy the Protestation their solmne League and Covenant their Declarations to make His Majesty a glorious King fearfull to his enemies and beloved of his Subjects and yet now after 22. yeares they would insinuate to the people that this King whom they have so much magnified hath poysoned his own Father Fiftly it is a publike notorious untruth That the Parliament hath published a Declaration against the King of the 11. of this instant Feb. whereas it is well known to be the Declaration of the prevailing party of the House of Commons only without the Lords and so they would make that prevailing partie only to be the * Their licensed Historiographer who published this is called their Kingdoms weekly post from Wednesday Feb. 7 to Wednesday the 16 of Feb. 1647 Par. liament Let the people of England beleeve their five sences how it was with them seven yeares agoe and before during his Majesties Reign how this Kingdom abounded then with Peace Plenty and Glory to the admiration envy of other Nations now let them consider and judge by their Senses sithence those men whom nothing would satisfie but all Power both by Sea and Land which in truth is the regality kingship which they call the Militia have usurped the said Power Regal whether they have not by Impostures and Delusions diffused among the people by themselves and their Agents brought a flourishing Kingdom to the most deplorable condition it now is in To the end that this Kingdome may not utterly be ruined God incline their hearts to restore his Majesty and for their own and their Posterities sake to receive from his Majesty an Act of Oblivion a generall Pardon assurance for the Arrears of the Souldierie and meet satisfaction for tender Consciences DAVID JENKINS Iudge Ienkin's Remonstrance TO THE LORDS AND COMMONS OF The two HOVSES of PARLIAMENT at WESTMINSTER the 21. of February 1647. By DAVID JENKINS Prisoner in Newgate Printed in the Yeare 1648. Judge Jenkin's REMONSTRANCE TO THE LORDS and COMMONS AT WESTMINSTER I Desire that the Lords and Commons of the two Houses would be pleased to remember and that all the good people of England do take notice of an Order of the House of Commons this
Inne and of the rest of the Innes of Court and to all the Professors of the LAW I Have now spent Forty five yeares in the Study of the Laws of this Land being my Profession under and by the conduct of which Lawes this Common-wealth hath flourished for some ages past in great splendor and happinesse jam seges est ubi Troja fuit The great and full body of this Kingdome hath of late yeares fallen into an extreame sicknesse it is truely said that the cause of the disease being knowne the disease is easily cured There is none of you I hope but doth heartily wish the recovery of our common parent our native countrey Moribus antiquis stat res Britannica I call God to witnesse that this discourse of mine hath no other end then my wishes of the common good how farre I have been from Ambition my life past and your owne knowledge of me can abundantly informe you and many of you well know that I ever detested the Ship-money and Monopolies and that in the beginning of this Parliament for opposing the excesses of one of the Bishops I lay under three Excommunications the Examination of seventy seven Artioles in the high Commission Court His sacred Majesty God is my witnesse made me a Judge in the parts of Wales against my will and all the meanes I was able to make and a patent formy place was sent me for the which I have not paid one farthing and the place is of so inconsiderable a benefit that it is worth but 80. l. per Annum when paid and it cost me every yeare I served twice as much out of my owne estate in the way of an ordinary and frugall expence That which gave me comfort was that I knew well that his Majesty was a just and a prudent Prince In the time of the Atturneyships of Mastor Noy and the Lord Banks they were pleased to make often use of me and many referrences concerning suits at Court upon that occasion came to my knowledge and as I shall answer to God upon my last account this is truth that all or most of the referrences which I have seene in that kind and I have seene many were to this effect that his Majesty would be informed by his Councell if the suits preferred were agreeable to the Lawes and not inconvenient to his people before he would passe them what could a just and pious Prince doe more Gentlemen you shall finde the cause and the Cure of the present great distemper in this discourse and God prosper it in your hands thoughts and words as the case deserves Hold to the Lawes this great body recovers forsake them it will certainely perish I have resolved to tender my selfe a Sacrifice for them as cheerefully and I hope by Gods assistance as constantly as old Eleazer did for the holy Lawes of his Nation Your Well-wisher David Jenkins Now Prisoner in the Tower LEX TERRAE THe Law of this Land hath three grounds First Custome Secondly Iudiciall Records Thirdly Acts of Parliament The two latter are but declarations of the Coumon-Law and Custoâ—e of the Realme touching Royall Government And this Law of Râ—yall Gâ—vernment is a â—aw Fundamentall The Government of this Kingdome by a Râ—yall Soveraigne The Kings Prerogative is a principall part of the common Law Com. Lital 34â— 27 Hen. 8. Stamford Praâ— fol. 1. 2 Pars inflit fol. 496 3 Parsinstit pag. 84. hath been as ancient as History is or the memoriall of any time what power this Soveraignty alwaies had and used in warre and peace in this Land is the scope of this discourse That Vsage so practised makes therein a Fundamentall Law and the Common Law of the Land is common Vsage Plâ—wdens Commentaries 195. For the first of our Kings sithence the Norman Conquest the first William second William Henry the first Stephen Henry the second and Richard the first the Customes of the Realme touching Royall Government were never questioned The said Kings injoyed them in a full measure In King Iohns time the Nobles and Commons of the Realme conceiving that the ancient Customes and Rights were violated and thereupon pressing the said King to allow them in the seventeenth of King Iohn the said Liberties were by King Iohn allowed and by his Sonne Henry the third after in the niâ—th yeare of his Reigne confirmed and are called Magna Charta and Charta de Foresta declared foure hundred twenty two yeares sâ—hence by the said Charters Now â—ests to be considered after the Subjects had obtained their Rights and Liberties which were no other then their ancient Customes and the fundamentall Rights of the King as Soveraigne are no other How the Rights of Soveraignty continued in practise from Henry the thirds time untill this present Parliament of the third of November 1640. for before Henry the thirds time the Soveraignty had a very full Power Rex habet Potestatem jurisdictionem super omnes qui in Regno suo sunt Bracton temp H. 3. l. 4 cap. 24. Sect. 1. ea quae sunt jurisdictionis paucis ad nullum pertinent nisi ad Regiam dignitatem habet etiam coercionem ut Delinquentes puniat coerceat This proves where the supreme Power is A Delinquent is he who adhears to the Kings Enemies Com. Sur. Litil 261. This shewes who are Delinquents Omnis sub Rege ipse sub nullo nisi tantum Deo nonest inferior sibi Subjectis Soct 5. Bracâ— ibid. non parem habet in Regno suo This shewes where the supreme power is Rex non habet superiorem nisi Deum satis habet ad poenam quod Deum expectat ultorem Bracton l. 5. tract 3. de delaiti cap. 3 Bracton l. 3 cap. 7. This shewes where the supreme power is Treasons Fellonies and other Pleas of the Crowne are propria causa Regis This shewes the same power By these passages it doth appeare what the Custome was for the power of Soveraignty before that time the power of the Militia of coyning of Money of making Leagues with forraigne Princes the power of pardoning of making of Officers c. All Kings had them the said Powers have no beginning Sexto Edw. 1. Com. Sur. Eittl 85. Lege Homage every Subject owes to the King viz. Faith de Membro de vita de terreno Honore the forme of the Oath Edward 1. inter vetera statuta is set downe We read of no such or any Homage made to the two Houses but frequently of such made by them It is declared by the Prelates Earls Barons and Commonalty of the Realme that it belongeth to the King and his Royall Segniory â— Ed. 1. Strasuâ—e at large fol. 42. straitly to defend force of Armour and all other force against the Kings peace at all times when it shall please him and to punish them that shall doe contrary according to the Law and Usage of the Realme and hereunto they are bound to ayd their
themselves and the people with the word Parliament without the King and with the Covenant whereas they know they are no Parliament without His Majesty And that English men throwout the Kingdome should swear a Covenant to preserve the reformed Religion of Scotland in Doctrine Worship Discipline and Government which they do no more know than the Doctrine Worship Discipline and Government of Prester John in Aethiopia if they consider it they cannot but discerne that this is a high desperate and impious madnesse Be wise in time Without the King and the Lawes you will never have one hour of safety for your Persons Wives Children or Estates Be good to your selves and to your posterities apply your selves to be capable of an Act of Oblivion and of a generall Pardon and to be able and willing to pay the Souldiery and to allow a reasonable liberty for mens consciences and God will blesse your endeavours and the people to whom you are now very hatefull will have you in better estimation The third Quaere is thus answered You resemble the Army to Jack Cade and his complices and you cite the Act of Parliament of 31. Hen. 6. cap. 1. And that it may appear who acts the part of Jack Cade you and that party in the two Houses or the Army I think it necessary to set down the said Act in words at length as followeth First VVhereas the most abominable Tyrant horrible odious arrant false Traytor John Cade calling and nameing himself sometime Mortimer sometime Capt. of Kent which name fame acts and feates are to be removed out of the speech and minds of every faithfull Christian man perpetually falsly and tralterously purposing and imagining the perpetuall destruction of the Kings said Person finall subversion of this Realm taking upon him Royall Power and gathering to him the Kings people in great numbers by false subtile imagined language and seditiously making a stirring Rebellion Insurrection under colour of Iustice for Reformation of the Lawes of the said King robbing stealing and spoyling great part of his faithfull people Our said Soveraigne Lord the King considering the premises with many other which were more odious to remember by the advice and consent of the Lords aforesaid at the request of the said Commons and by authority aforesaid hath Ordained and established that the said John Cade shall be reputed had named and declared a false Trayper to enr Soveraigne Lord the King and that all his tyranny acts feats and false opinions shall be voyded abated nulled destroyed and put out of remembrance for ever and that all Indictments and all things depending thereof had and made under to power of Tyranuy shall be likewise void anuulled abated repealed and holden for none and that the blood of none of them be thereof defiled nor corrupted but by the Authority of the said Parliament clearly declared for ever and that all Indictments in times coming in like case under power of Tyranny Rebellion and Stirring had shall be of no Record nor effect but void in Law and all the petitions delivered to the said King in his last Parliament holden at VVestm Nov 6 in the 29. of his râ—igne against his mind by him not agreed shall be taken and put in oblivion out of remembrance undone voided aâ—ulled and destroyed for ever as a thing purposed against God and Conscience and against his Royall Estate and preeminence and also dishonourable and unreasonable Now we are to examine who hath trod in the steps of Iack Cade you and the present prevailing party of both Houses tooke upon them and do take all the Royall power in all things so did Iack Cade as appeares by the said Act the Army do not so They who imprison the King purpose to destroy his person our imprisoned Kings aswaies * Edward 1. Henry 6 Richard 2. fared so Iack Cade did likewise so purpose The said party in the two Houses made a stirring under colour of Instice for reformation of the Lawes so did Iac Cade The Army do not so but desire that the Lawes should be observed lack Cade levied war against the King The Army preserves Him Iack Cade dyed a Declared Traitor to his Soveraign Lord the King this army might have lived to have the glorious true Honor of being restorers of their King Simon Sudbury Archbishop of Canterbury was murthered by Jack Straw William Laud Archbishop of Canterbury was likewise murthered by that party of the two Houses 25 Ed. 3 4.28 Ed. 3.3 Petition of Right for that an Ordinance hy Law cannot take away any mans life and his life was taken away by an Ordinance of the two Houses the army had no hand in it Many misted by Iack Straw perceiving his Trayterous purposes fell from him and as that was lawfull just and honourable so it is for this Army to adhere to their naturall King and so endeavour to settle the Kingdome again in the just Lawes and Liberties thereof London did then right worthily adhere to the King and the Laws and not to Jack Straw and his specious pretences and it is hoped they will now so do By this it appeares that the Gentlemans Discourse touching Iack Cade fastens altogether on his party and cleareth the Army To the IV. which is resolved thus The Arreares of the Army howbeit it is the least thing they look after yet being not paid them it is by the Law of the Land a sufficient cause to leave and desert that party in the Houses a person who serves in any kinde and is not paid his Wages the desertion of that service is warrantable by the Lawes of the Land You say the Houses will reforme all things when the Army doth disband Fitz. N B 159 9 Ed. 4 20.38 H. 6 27 23 Eliz. Dier 369. Who will believe it Will any beleive that the setling of the Presbytery will do it Will any believe that his Majesty will passe the propositions sent to Him to Newcastle Will any man believe that this Kingdome will ever be quiet without his Majesty and the ancient and just Lawes Can the Members of the Army conceive any of them to be safe in any thing without a pardon from his Majesty Have they not seen some of their fellowes hanged before their eyes for actions done as Soldiers Shall the Kingdom have no acount of the many Millions received of the publique Money Will the Members of the Houses accuse themselves Shall private and publique Debts be never paid Shall the Kingdome lie ever under burthens of oppression and Tyranny There is no visible way to remedy all these Enormities but the power of the Army To the V. wich is solved thus The Kingdom hath better assurance of Reformation from the Army than from the Houses for that in their Military way they have been just faithfull and honourable they have kept their words That party of the Houses have been constant to nothing but in dividing the publique Treasure among themselves