Selected quad for the lemma: kingdom_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
kingdom_n	king_n	parliament_n	peer_n	2,127	5	10.3888	5	false

Text snippets containing the quad

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

what purpose serve the Laws of other Countreys for by this generall donation all Nations are condemned to all servitude as well as we If the Law of this Land be appealed to what Books has Mr. Jenkins read where has he found out that Lex Regia whereby the people of England have given away from themselves all right in themselves Some of our books tell us that we are more free then the French that the King cannot oppresse us in our persons or estates by imprisonment denying justice or laying taxes without our consents other books tell us that the safety of the people is the supreame law and that the King has both God and the Law for his Superior But all this is nothing to learned Mr. Jenkins 8. We admit that no Acts of Parliament are compleat or formally binding without the Kings assent yet this is still to be denyed that therefore without this assent particularly exprest the two Houses can do nothing nor have any virtuall power at all no not to examine Mr. Jenkins nor to do any other thing of like nature though in order to publick justice and safetie I have done and wish Mr. Jenkins would call in and lick up again his black infamous execrable reproaches so filthily vomited out against the Parliament The Reply of Judge Jenkins to Mr. H. P. AFter the said Mr. H. P. hath made a recitall of the Heads of my Vindication he deduceth his Answer unto eight Particulars To the first I Was examined by a Committee appointed by the House of Commons I say and said that the House of Commons have no power to examine me for that it is no Court every Court hath power to examine upon Oath this power the House of Commons never claimed 5 H 4 c. 3. The Court of Pie-Powders Court-Baron Hundred Court 3 H 6. 46. County Court and every other Court of Record or not of Record 19 H 6. 43. hath power to examine upon oath and an examination without Oath 35 H. 6. 5. is a communication onely examination in Law is upon oath There is no Court without a power of triall Sir Anthony Maynes case Cook 5. pars Reports Lit. 2. lib. Sect. 194. 6 H. 4. 1. the House of Commons hath no power to try any offence nor ever practised it by Bill Inditement Information Plaint or Originall to deduce it to triall nor to try it by Verdict Demurrer or Examination of witnesses upon Oath without which there can be no condemnation or judgement and that which can attain to no reasonable end the Law rejects as a thing inutile and uselesse Sapiens incipit à fine The Writ whereby they are called gives them power Ad faciendum consentiendum 4 pars Instit fol 4. 9. to what to such things Quae ibidem de communi Consilio ordinari contigerint viz. in the Parliament This makes nothing at all for a Court for the House of Commons that consilium which that Writ intends is cleared partly by the Writ for choosing Knights c. For the King by that Writ is said to resolve to consult and treat with the Prelates and Peers of the Kingdom for and touching the great concernments of the Common-wealth for the King never fits in the House of Commons and this also is made evident by the Writs to the Prelates Peers Judges and to his Councell at Law the words in their Writs are To appear and attend the Parliament Consilium impensure the one doth consulere the other facere consentire The House of Lords 7 H 6. 28. where the King fits in person assisted by his Lords 1 H 7. 20. Judges Serjeants Atturney Sollicitor Masters of the Chancery 14 E. 3. ca 5. is a Court of Record to many purposes set down in the books of the Law 1 Pa●s Instit pa. 21. and the Statutes of the Land and that Courts is onely in the House of Lords where the King sits A Court must either be by the Kings Patent Statute Law or by the Common Law Plowd Com. 319. which is common and con●●ant usage the House of Commons hath no Patent to be a Court nor S●●tute Law to be a Court nor common usage they have no 〈◊〉 Book but since E. 6. time was there ever Fine by the House of Commons e●treated into the Excheque● For murther o● Felony they can imprison no man much ●esse for Treason the House which cannot do the lesse cannot do the greater I● is ordained 25 E 3 c 4. that no man shall be imprisoned or put out of his Franchise by the King or his Councell 3 Car Petition of Right 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 is Magna Charta cap. 29 expounded and the said Magna Charta and Charta 〈…〉 are declared by the Statute of 25 E 1. 〈◊〉 to be the Common Law of the Land All Judges and Commissioners are to proceed Secundum legem consuetudinem Regni Angliae as appears by all proceedings in all Courts and by all Commissions and therefore the House of Commons by themselves proceeding not by Indictment Presentment 〈◊〉 Originall Writ have no power to imprison men or to put them out of their Franchi●e This no way trenches upon the Parliament 4 pars Instit pag 1 for it is in Law no Parliament withou● King and both Houses 3 Pars. Instit p. 3. I have onely in my Paper de●ivered to Mr. Corbet applyed my self to that Committee 12 H 7. 20. Prince case that they had no power to examine me but I never thought said or wrote that the Parliament had no power to examine me 8 Pars Cook 1 Pars 〈◊〉 p ●59 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 1 H 8 3 but the House of Commons of it self hath no such power Dier 38 H 8 60 For the Lord Cooks relation that the House of Commons have imposed 〈◊〉 1 P●●s Instit p 19 ● and imprisoned men in Queen E●●z●●ths time and since Few facts of late time never 〈…〉 power nor Court 4 〈◊〉 ●●stit ca. Parl. à 〈…〉 is no good 〈◊〉 for the words of the Statute of 6 H 8 c. 16 that a ●icence to dep●●t from the House or Commons for any Member thereof is to be entred of Record in the Book or the Clark of the Parliament appointed or to be appointed for that House doth not conclude that the House of Commons is a Court of Record 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 Laws Lex aliud tractans nil probat the word Record there mentioned is onely

that the King is not vertually 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 as that the KINGS power cannot be derived to others or the vertue of his power 27 H. c. 24. For His power and the vertue of His power is in all Patents to his Iudges in Charters to Corporations in Commissions 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 claime it not from the King and declare to the Kingdome that hee is not in condition to governe and imprison him and usurpe to themselves all Royall Authority as the two Houses now doe 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 Arms take all the power to themselves The Gentl. saith the King grants Commissions daily of Oyer and Terminer 4 E 4 39. which hee cannot frustrate nor elude 5 E. 44. The King may revoke and discharge the Commission by his Writ 1 E ● Dy●r 165. as hee may remove all Judges and place other men in their roome and many Kings death determines all the Iudges Parents of Westminster-Hall 1 Mar. Bro●ks case 447. Commissions of Oyer and Terminer c. and so hee might dissolve both Houses in all times by his Writ under the Great Scale untill that by this Parliament by his owne concession the King of his goodnesse hath secluded himselfe which goodnes hath bin full ill requi●ed The Gentl. affirmes That the power the Parliament hath is concurrent from the King and Kingdome which he conceives is proved by the Grant of Subsidies to the King by the Parliament The mistaking of this word Parliament hath beene mischievous in these times to this Land 4 Pars instit p. 1. and it is affectedly mistaken which makes the sinne 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. Peeres of the Kingdom who were temporall Peeres before the troubles there are not not above 30. in the Lords house and in the house of Commons about 200. of the prime Gent. of the Kingdom left the House and adhered to his Majesty who is imprisoned by them shews no such candor as to be desired It is true 25 Eliz. 1. Confirmatio chartarum cap. 6. that no Tallage can be layd 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 Mr. Seldens learned Book 24 Eli. 1. cap. 1. de Tallagio non concedendo called Mare Clausum a number of Presidents in Henry the thirds time for Ship-money justly condemned this Parliament to 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 Dane-gelt Englitery and many grievous burthens were layd upon the people and born untill that memorable Princes time But I am of opinion that the Common Law of the Land did alwayes restraine Kings from all Subsidies and Tallages but by consent in Parliament which doth appeare by Magna Charta the last chap. where the Prelates Lords and Comminalty 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 bin many Parliaments and no Subsidies granted Parliaments may be without Subsidies but Subsidies cannot be without Parliaments of ancient time Parliaments rarely granted any unlesse it were in the time of forraine Wars and in my time Q. E. refused a Subsidie granted in Parliament and in the Parliament of 1. Jac. none were granted The Gent. should make a conscience of blinding the people with such untrue colours to the ruine of King and people A. D. 3. The Gent. affirms That the sending Propositions to the King and desiring his concurrence is scarce worth an answer for Subjects may humbly petition for that which is their strict right and property c. The Propositions sent to Newcastle are in print wherein the two Houses are so farre from humbly petitioning that they stile not themselves his Majesties Subjects as appeares by the Propositions That they have a strict right or property to any on of these Propositions is a strange assertion every one of them being against the Lawes now in force Have the two Houses a strict right and property to lay upon the people what Taxes they shal judg meet To pardon all treasons c. that is one of their Propositions Have they a strict right and property to pardon themselves and so for all the rest of their Propositions These Propositions have been Voted by both Houses 12 H. 7. 20 the Kings assent they being drawne into Bills makes them Acts of Parliament 1 Iac. c. 1. Hath the King no right to assent or dis-assent 1 Car. c. 7. Was the sending but a Complement All our Law-bookes and Statutes speak otherwise This Gentl. and others must give an account one time or other for such delusions put upon the people A. D. 4. The Gent. saith They affirme not that the Kings power is separated from his person so as the two Spencers affirmed c. His Majesties person is now at Holnby under their Guards have they not severed his power from him when by no power they have left him he can have two of his Chaplaines who have not taken their Covenant to attend him for the exercise of his Conscience For the three Conclusions of the Spencers 15 Ed. 2. Exilium Hugonis do not the two Houses act every of them They say his Majesty hath broken his trust touching the government of his people They have raised Armies to take him 1 E 3. c. 2. Calv. case 7 Pars Reports 11. they have taken him and imprisoned him they govern themselves they make Laws impose Taxes make Iudges Sheriffes and take upon them omnia insignia summae potestatis Is not this to remove the King for misdemeanours to reforme per aspertè to governe in aide of him the three conclusions of the Spencers Doe they think the good people of England are becom stupid and will not at length see these things The Gentl. saith Plowd 4. E. 213. the Kings power and his person are indivisible they doe not separate his power from his Person but distinguish it c. His power is in his legall Writs Courts and Officicers when they counterfeit the Great Seale and seale Writs with the same make Iudges themselves Courts and Officers by their own Ordinances against his consent declared under his true

SEVERALL POYSONOUS AND SEDICIOUS PAPERS OF Mr. DAVID JENKINS ANSVVERED By H. P. BARRESTER of Lincolnes Inne LONDON Printed for Robert Bostock dwelling in Pauls Church yard at the Signe of the Kings Head 1647. THE VINDICATION OF JUDGE JENKINS Prisoner in the TOWER the 29. of April 1647. I Was convened upon Saturday the 10. of this moneth of April before a Committee of the House of Commons wherein Mr Corbet had the Chair 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 was set down 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 fo● not acknowledgin● nor obeyin● the Power of the two Houses by adhering to the king in this War I deny this to b● Treason For the supreame and onely Power by the Laws of the Land is in the king If I should sub●it to any examin●tion derived from your Power which by the Ne●ative oath stands in opposition to the Kings Powe● I should contesse the Power to be in you and so condemne my 〈◊〉 for a Traytor which I neither ought no● will do I am sworn to obey the King and the Laws of this Land you have not power to examine m● b● th●●e Laws but by the Kings Writ Pattent or Commission if yo● ca● produce of her thereof I will answer the que●●ions you shall p●●pound ot●e●wise I cannot answer thereto without the breach of my Oath and the violation of the Laws which I wil● not do to save my life You your selves all of you this Parliamen● have sworn that the King is our onely and supreme Governor you● Protestation your Vow and Covenant your solemn League and Covenant your Declarations all of them publish to the Kingdom that your scope is the maintenance of the Laws those Laws are and must be derived to us and enlivened by the onely supreme Governor the Fountain of justice and the life of the Law the King The Parliaments are called by his Writs the Judges sit by his Pattents so of all other Officers the Cities and Towns corporate govern by the Kings Charters and therefore since by the Law I cannot be examined by you without a power derived by His Majesty I neither can nor will nor ought you to examine me upon any questions But if as private Gentlemen you shall be pleased to ask me any questions I shall really and truly answer every such question as you shall demand April 10. 1647. David Jenkins This paper hath been misrepresented to the good people of this City by a printed one styling it my Recantation which I own not and besides is in it self repugnant just like these times the Body fals out with the Head To vindicate my self from that Recantation and to publish to the world the realitie of the paper then delivered to Mr. Corbet and the matter therein contained I have published this ensuing Discourse No person who hath committed Treason Murther or Felony hath any assurance at all for so much as one houre of life lands or goods without the Kings gracious pardon 27 H. 8. ca. 24. The King is not virtually in the two Houses at Westminster whereby they may give any assurance at all to any person in any thing for any such offence 1. The House of Commons hath declared to the Kingdom in their Declaration of the 28. of November last to the Scots Papers pa. 8. That the King at this time is not in a condition to govern No person or thing can derive a vertue to other men or things which it self hath not and therefore it is impossible that they should have a vertue from the King to govern which they declare he hath not himself to give 2. The Law of the Land is ● Eliz. c. 1. That no person in any Parliament hath a voice in the H●use of Commons but that he stands a person to all intents and purp●ses as if he had never been elected or returned if before he sit in the House he take not his Oath upon the holy Evangelists that the Kings Majesty is the onely and supreme Governour over all persons in all Causes 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 Affairs How doth this solemn and legall Oath agree with their said Declaration That the King is in no condition to govern By the one it is sworn He is the onely supreme Governor by the other that he is not in a condition to govern 3. The Oath is not that the King was or ought to be or had been before he was seduced by ill Counsell our onely and supreame Governor in all Causes over all persons but in the present tense that he is our onely and supreame Governor at this present in all causes and over all persons So they the same persons swear one thing and declare to the Kingdom the contrary of the same thing at the same time in that which concerneth the weal of all this Nation 4. The Ministers in the Pulpits do not say what they swear in the House of Commons Who ever heard sithence this unnaturall warre any of their Presbyters attribute that to his Majestie which they swear The reason is their Oath is taken at Westminster amongst themselves that which their Ministers pray and teach goes amongst the people To tell the people that the King is now their onely and supreame Governor in all causes is conttrary to that the Houses do now practise and to all they act and maintain They the two Houses forsooth are the onely and supreame Governors in default of the King for that he hath left his great Counsell and will not come to them and yet the King desires to come but they will not suffer him but keep him prisoner at Holdenby so well do their actions and O●ths agree 5. They swear now King Charles is their onely and supreame Governor but with a resolution at the time of the Oath taking and before and after that he shall not be onely or supreame Governor or onely and supreame but not any Governor at all For there is no point of Government but for some yeers past they have taken to themselves and used his name onely to abuse and deceive the people 6. That this vertuall power is a meer fiction their Propositi●ns sent to Oxford to Newcastle to be signed by the King do prove it so What needs this ado if they have the vertuall Power with them at Westminste● 7. To affirm that the Kings Power which is the vertue they talk 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 ●aw Si● Edward Cook so much magnified by this present Parliament who 〈◊〉 7. part of

in all Causes then no Member of the Parliament nor the whole Parliament can suppose him or themselves superiour to the King but none can sit in Parliament c. Ergo ● I● no Act of Parliament binde the Subject without the Kings 〈◊〉 then there is no virtuall power in the Parliament without the Kings assent but no Act binds c. Ergo Out of these premises which this grave Gentleman judges to be ●rrefragable he concludes that the Parliament denies the King to be Supreame Governor nay to be any Governor at all in as 〈◊〉 as there is no point of government He sayes but th● Parliament for some yeers past have taken to themselves using the Kings name onely to abuse and deceive the people He saies further the Parliament pretends against the King because that he ha● left the great Counsell and yet the King desires to come to his great Counsell but cannot because he is by them kept 〈◊〉 at Holmby 〈…〉 he saies the Houses are guilty of pe●jur●as well as of the 〈◊〉 the people and rebelling against the King in as much as at the same time they swear him to be onely 〈◊〉 Governor and declare him to be in no condition to govern How easily these things may be answered and refuted let the world see 〈…〉 cannot be denyed but the Parliament sits by the Kings Writ nay if Statute Law be greater then th●● Kings Writ it cannot be denyed but the Parliament 〈◊〉 or ough● to 〈◊〉 by something greater then then the Kings 〈◊〉 And if it be confessed that the Parliament sits by the Kings Writ but does not Act by the Kings Writ then it must follow that the Parliament is a void vain Court and sits to no purpose nay it must also follow that the Parliament is of lesse Authority and of lesse use then any other inferiour Court Forasmuch as it is not in the Kings power to controul other Courts or to prevent them from sitting or Acting 2. This is a grosse non sequitu● the Kings power is in himself Ergo it is not derived to nor does reside virtually in the Parliament For the light of the Sun remains imbodied and unexhausted in the Globe of the Sun at the same time as it is diffused and displayed through all the body of the air and who sees not that the King without emptying himself gives Commissions daily of Oier and Terminer to others which yet he himself can neither frustrate nor el●de But for my part I conceive it is a great errour to infer that the Parliament has onely the Kings power because it has the Kings power in it for it seems to me that the Parliament does 〈◊〉 sit and act by concurrent power devo●ved both from the King and Kingdom And this in some things is more obvious and apparent then in others For by what power does the Parliament grant Subsedies to the King if onely by the power which the King gives then the King may take Subsedies without any grant from the Parliament and if it be so by a power which the people give to the Parliament then it will follow that the Parliament has a power given both by King and Kingdom 3. The sending Propositions to the King and des●ring his concurrence is scarce worth an Answer for Subjects may humbly petition for that which is their strict right and property Nay it may sometimes beseem a superior to prefer a suit to an inferior for matters in themselves due God himself has not utterly disdained to beseech his own miserable impious unworthy creatures besides 't is not our Tenet that the King has no power because he has not all power nor that the King cannot at all promote our happinesse because he has no just claim to procure our ruine 4. We affirm not that the Kings power is separated from his person so as the two Spensers affirmed neither do we frame conclusions out of that separation as the two Spensers did either that the King may be removed or misdemenors or reformed per aspertee or that the Subject is bound to govern in aid of him we onely say that his power is distinguishable from his person and when he himself makes a distinction betwixt them commanding one thing by his Legall Writes Courts and Officers and commanding another thing extra●udicially by word of mouth letters or Ministers we are to obey his Power rather then his Person 5. We take not from the King all power of pardoning Delinquents we onely say it is not proper to him quarto modo For if the King pardon him which has murdered my son his pardon shall not ●ut me off from my appeal and 't is more unreasonable that the Kings pardon should make a whole State which has suffered remedilesse then any private man So if the King should deny indemnity to those which in the fury of war have done things unjustifiable by the Laws of Peace and thereby keep the wounds of the State from being bound up 't is equiable that an Act of Indemnity should be made forcible another way And if this will not hold yet this is no good consequence the King is absolute in point of pardons therefore he is absolute in all things else and the Parliament has no power to discharge Delinquenties therefore it has no power in other matters 6 The Parliament has declared the King to be in no condition to govern but this must nor be interpreted rigidly and without a distinction for if the King with his sword drawn in his hand and pursuing the Parliament and their adherents as Rebels be not fit for all Acts of Government 〈◊〉 not hereby insinuated that he is 〈◊〉 o● the habit or righ● of governing 〈…〉 be unq●●●ified now 〈◊〉 is not 〈◊〉 for the future If he may not do things destructive to the Parliament he is not 〈◊〉 from returning to the Parliament or doing 〈◊〉 to the Parliament This is a frivelous civill and sub●erfuge 7 We swear that the King is our supreame Governor over all Persons and in all causes but we do not swear that he is above all Law nor above the 〈◊〉 of his people which is the end of the Law and indeed Paramou●t to the Law it self I● he be above all Law or lyable to no rest●aint of ou● Law then we are 〈…〉 the French or the T●●ks a●d if he be above the pri●e end of Law common safety then we are not so 〈…〉 the French or the Turks For if the totall subversion of the French or the Turk were attempted they might by Gods law imprinted in the book of nature justifie a self-defence but we must remedilesly perish when the King pleases to command our throats Besides how acheived the King of England such a Supremacy above all Law and the community it self for whose behoof Law was made If Gods donation be pleaded which is not speciall to him or different from what other Kings may pretend too then to what purpose serve our Laws nay to

a memoriall of what was done and entered 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 Fitzh Nat. Br 70 Recordari facias loquelam c. and yet the County-Court is no Court of Record and so for ancient Demesne Fi●●h Nat Br 13. 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 12 H 4. 23. and so of a Court Baron the Law and custome of England must be preserved 34 H. 6. 49. or England will be destroyed and have neither Law nor custome Let any man shew me 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 Seal Sir Gi●es Mompesson Michel and others of late were condemned by the prosecution of the House of Commons in King James his time did King James ever contradict it And so of ancient times 4 Pars Instit Tit. Parl. p. 23. where the House of Peers condemned Latimer in 50. E. 3. the Kings pardon freed him which shews cleerly that the Kings expresse or implyed assent must of necessity be had to make a Delinquent The Gentleman saith That the Parliament fits or ought to sit by something greater then the Kings Writ c. No Parliament did ever sit without the Kings Writ nor could ever Parliament begin without the Kings presence in person 4 Pars Instit p. 4. 6. 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 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 Trienniall Parliament and another for a perpetuall 4 E 3. c. 14. if the Houses please to satisfie their desires 36 E. 3. c. 10. how these two Acts agree one with another and with Statute in E. the thirds time 21 I●c the Act of Limitation of Actions cap. 26. where Parliaments are ordained to be holden every yeer and what mischiefs to the people of this Land such length of Parliaments will produce by protections and priviledges to free them and their meniall 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 yeers and many other inconveniencies or greater importance is easie to understand How can any man affirm that the two Houses do act now by the Kings Writ which relates to counsell and Treaty with the King 4 pars Instit pa. 14. concerning the King the defence of his Kingdom and of the Church of England there are the three points which it tends to as appears by the Writ They keep their King prisoner at Holdenby and will not suffer him to consult and treat with them Vow and Covenant p. 11. 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 kingdome When by their solemne League and Covenant they extirpate Bishops Deanes and Chapters root and branch is this to defend the Church of England 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 3 Pars Cook De●n and Chapter of Norwich 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 controll other Courts of Justice or prevent them from sitting or acting and therefore not the two Houses c. It is true the King cannot controll or prevent his other Courts for that they are his ordinarie Courts or common justice to administer common 〈◊〉 unto all men according to the fixed Laws The Houses make no Court without the King they are no body Co●porate without the King nor Parliament without the King they all make one corporate body one Court called the Parliament wherof the King is the head 4 Pars Instit p. 1. 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 State for not dissolving adjourning or proroging this Parliament of no effect by the said Acts of their owne 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 we may discerne what Bills 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 owne disobedience and fault For the ordinary Courts at Westminster 27 H. 8. c. 24 28. H. 8 11. Dier the Iudges in all those Courts are Iudges by the Kings Patent or Writ otherwise they are no Iudges the Houses can make no Iudges they are no Iudges at all who are made by them the whole and sole power of making Iudges belongs to the King the King cannot controle or prevent his own Iudges from sitting or acting but the Houses he may for they are not the Kings Iudges but the Iudges of the two Houses 2 R 3. 11. In his other Courts the King commits his power to his Iudges by his patent and they are sworne to doe common right to all men and the King is sworne not to let them from so doing the King cannot judge in those Courts nor controule but the King is both Iudge and Controller in the Court of Parliament Quoad Acts for his assent or dissent doth give life or death to all Bils Many Lawyers have much to answer to God this Kingdom and to posterity for puzling the people of this Land with such Fancies as the Gentl who wrote the Answer to my Paper and others have published in these Troubles which hath bin none of the least causes of the raysing and continuing of them And so I have done with the first part of his answer A. D. 2. For the Non sequitur in the second Section of the Gent Answer the Antecedent and the Consequent are his own Quem recitas meus est ô Fidentine libellus Sed malè dum recitas incipit esse tuus My words are