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A87520 The vvorks of that grave and learned lavvyer Iudge Ienkins, prisoner in Newgate. Upon divers statutes, concerning the liberty, and freedome of the subject. With a perfect table thereto annexed. Jenkins, David, 1582-1663. 1648 (1648) Wing J574; Thomason E1154_2; ESTC R20801 80,714 206

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the practise of all times and the Custome of the Real●●e Sixthly we maintained the co●●ter●eiting of the great Seal● to be high Treason and so of the usurpation of the Kings forts Do is Shipping Casties and his Revenue and the co●●ing of Money against them We have our warrant● 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. ● 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 ●●des the King at home or abro●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 hi●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 with●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 ●evy a wa●●e to remove Cou●sellours to a●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 co●rse of Law and that no man ought to be adjadged to death but by the Law established the C●●stames of the ●●●●me or by Act of Pa●●tement They practise the contrary in London Bristol Ke●t c. Our warrant is Magna Chanta Chapter the twenty ninth the P●●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 grievan●es of the people as mu●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 King● 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 ●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 m●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 ●ase beggerly and infamous looke upon the Laws and finde the Letter o● tho Law requ●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 Powe● 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 crimin●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
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 di●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 Co●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 w●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 D●cers the Cities aud ●ownes corporate governe by the Kings Charters and therefore since by the Law I cannot be examin●b by you without a power verive● by his M●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 ev●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. Corb●t and the matter therein contained I have published this ensuing discourse No person who● hath committed Treason Mutter 〈◊〉 ●elony hath any assurance at all for so much as one houre of life Lands or Goods without the Kings gr●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 beelar●d to the Kingdome in their Declaration of the 28 of November last to the ●cots Papers p. 8. That the King at this time is not in a condition to gover●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 p●rson to all intents and purposes as if he had uev●r boeu elect●d or returned if before he sit in the Hause he take not h●s Dat● 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 i● 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 fi●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