Selected quad for the lemma: land_n
Text snippets containing the quad
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A87524
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The armies indempnity.
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Jenkins, David, 1582-1663.
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1647
(1647)
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Wing J584; Thomason E390_10; ESTC R201533
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5,622
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8
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sence and reason informing every man that this is no manner of Parliament the King with whom they should parle being so restrained that they will not parie with him the Army hath no manner of security by this Ordinance For their Indemnification refers to that which is not in being untill the King be at liberty VI. It is more then probable that their Judges before the last Circuit had instructions to the effect of this Ordinance but they the Judges making conscience of their oath laid aside the said instructions and ought and may and it is believed will no more regard this Ordinance then the said Instructions The common Souldiers second apologie 6 Grievances of the Army published 15. May instant 3 Grievances of colonel Birches Regiment what was done the last Circuit notwithstanding the said Instructions the Army well knowes touching many of their fellow Souldiers VII The Houses in their first Proposition to his Majesty for a safe and well-grounded peace sent to Newcastle desire a pardon from His Majesty for themselves they who desire a pardon cannot grant a pardon common reason dictates this to every man and therefore that the army should accept an Indemnity from them who seek it for themselves or should conceive it of any manner of force is a fancie that no man in the whole Army but may apprehend that it is vain and a meere delusion VIII His Majesty by his gracious Message of the 12 of this instant May and published two dayes sithence hath offered an act of oblivion a generall pardon to all his people this done the Law doth indemnifie the Army without all manner of scruple for any thing that hath beene done for it is an Act of Parliament when the King and two Houses concur and binds all men there is no safety by the Ordinance there is safety by an Act of Indemnity and will not reasonable men prefer that that is safe before that which is unsafe IX His Majesty by his said Letter agrees to pay the arreares of the Army I am sure that is a publike debt and the chiefest and the first that by the two houses should be paid and before any divident among themselves for their bloud limbes lives have put and kept them at rest in the power they have So by this concurrence of his Majesty for your indemnity and for your arrears the Army have not an Ordinance or the publike Faith but the Law of the Land to make sure unto them their indemnity for all acts and for their arreares and therewith also bring peace to the Land X. The Kingdome and People generally desire these things To such an army just and reasonable things must not be denyed the things formerly proposed are most just and reasonable you may have them if you will if you will not you will render this Kingdome miserable Mr. Pyms Speech against the E. of Strafford pag. 16. 6 Consideration printed by command of the House of Commons wherein you will have your shares of misery the head and the body is such an incorporation as cannot bee dissolved without the destruction of both I say againe it is a certain truth this Kingdome without an Act of oblivion and a generall pardon and the payment of Souldiers arreares and a meet regard had to tender consciences will unavoydably be ruined 24. May 1647. DAVJD JENKINS Prisoner in the Tower of London 25. Edw. 3. Chap. 2. A Declaration what Offences shall bee adjudged Treason WHereas divers opinions have been before this time in what case Treason shall be said and in what not The King at the request of the Lords and of the Commons hath made a Declaration in the manner as hereafter followeth That is to say When a man doth compasse or imagine the death of our Lord the King or of our Lady the Queene or of their eldest Son and Heire or if a man dâ—e violate the Kings companion or the Kings eldest daughter unmarryed or the wife of the Kings eldest sonne and heire or if a man do levie war against the Lord our King in his Realme or be adherent to the Kings enemies in his Realm giving to them aide and comfort in the Realm or else-where and thereof be probably attainted of open deed by people of their condition And if a man counterfeit the Kings great or privie Seale or his Money and if a man bring fâ—lse money into this Realme counterfeit to the money of England and the money called Lusburgh or other like to the said money of England c. 11. Hen. 7. Cap. 1. None that shall attend upon the King and doe him true service shall be attainted or forfeit any thing THe King our Soveraign Lord calling to his remembrance the duty of allegiance of his Subjects of this his Realm that they by reason of the same are bound to serve their Prince and Sover Lord for the time being in his wars for the defence of Him and the Land against every rebellion power and might raised reared against him and with him to enter and abide in service in battell if case so require and that for the same service what fortune ever fall by chance in the same battell against the mind and will of the Prince as in this Land sometime passed hath been seene that it is not reasonable but against all lawes reason and good conscience that the said Subjects going with their Soveraigne Lord in wars attending upon him in his person or being in other places by his commandement within this Land or without any thing should lose or forfeit for doing their duty or service of Allegiance It be therefore ordained enacted and established by the King our Soveraigne Lord by the advice assent of the Lords spirituall and temporall and the Commons in this present Parliament assembled and by authority of the same that from henceforth no manner of person or persons whatsoever he or they be that attend upon the King and Soveraign Lord of this Land for the time being in his person do him true and faithfull service of allegiance in the same or be in other places by his commandement in his wars within this Land or without that for the said deed and true duty of allegiance he or they be in no wise conviet or attaint of high treason nor of other offences for thaâ— cause by act of Parliament or otherwise by any processe of Law whereby he or any of them shall lose or forfeit life lands tenements rents possessions hereditaments goods chattels or any other things but to be for that deed and service utterly discharged of any vexation trouble or losse And if any act or acts or other processe of the Law hereafter thereupon for the same happen to be made contrary to this Ordinance that then that act or acts or other processe of the Law whatsoever they shall bee stand and be utterly void Provided alwayes that no person or persons shall take any benefit or advantage by this Act which shall hereafter decline from his or their said allegiance Cap. 24. In the Statute of 27. H. 8. Iâ— is enacted that no person or persons of what estate or degree soever they be of shall have any power or authority to pardon or remit any treason murders manslaughters or any kind of Fellonies c. but that the K. shal have the sole whole power authority thereof united and knit to the Imperiall Crown as of right it appertaineth c. And in the same it is enacted further that none shall have power of what estate degree or condition soever they be to make Justices of Eyre Justices of Assize Justices of the Peace c. buâ— all such Officers and Minister shall be made by Letters Pattents under the Kings great Seale in the name and by the authority of the King and his Heireâ— and Successors Kings of this Realme In the first yeare of Queen Mary and the first Chapter It is enacted by the Queen with the consent of the Lords and Gommons That no deed or offence by Act of Parliament made treason shall be taken deemed or adjudged to bee high treason but only such as be declared and expressed to be treason by the Act of Parliament made 25. Ed. 3. cap. 2. before mentioned FINIS