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 or ought to be forbidden to be borne in London Westminster 7 Ed. 2. 4 pars instit 14. or the Suburbs This condemnes the multitudes coming to Westminster and the Guards of armed men All who held by Knights service 1 Ed 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 Ed. 2. time hatched to cover their Treason this damnable and damned opinion viz. Ed. 3. Calvins Case Cook l. 7. fol. 11 That Ligeance was more by reason of the Kings politique 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 suite of Lawe 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 Hugenis in Ed. 2. time the other by 1. Ed. 3. cap. 2. All which Articles against the Spencers are confirmed by this last Statute the Articles 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 Vâ—lleine of a Lord in the presence of the King cannot be seized Plowdon Com. 322. 27. ass pl. 49. for the presence of the King is a protection for that time to him This shewes what reverence the Lawe gives to the person of a King Reges 33 Ed. 3. ayde de Roy. 103. Fitz. sacro oleo uncti sunt capaces spiritualis jurisdictionis But the two Houses were never held capable of that power Rex est persona mixta cum sacerdote 10 H. 7.16 habet Ecclesiasticam spititualem jurisdictionem This shewes the Kings power in Ecclesiasticall Causes The Lands of the King are called in Law Com. Sur. Littl. Sect. 4. patrimonium sacrum The Houses should not have medled with that sacred Patrimony The King hath no Peere in his Land 3 Ed. 3.19 and cannot be judged ergo The two Houses are not above him The Parliament of 15. Ed. 3. was repealed for that it was against the Kings Lawes and Prerogative 4. pars instit fol. 52. 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 disinherison of the King and his Crowne 4 pars Cookes instit fol. 14.42 E 3. Parliament Roll num 7 Lex consuetudo Parliamenti to which they are sworne This condemnes the said Propositions likewise To depose the King to imprison him untill he assent to certaine demands A warre to alter the Religion established by Lawe or any other Lawe or to remove Councellors 25 Ed 3. cap. 2 to hold a Castle or Fort against the King are offences against that Lawe declared to be Treason by the resolutions herein after mentioned by that Law men are bound to ayd the King when warre is levied against him in his Realme King in this Statute must be intended in his naturall body and person that only can die for to compasse his death and declare it by overt Act is declared there by Treason To incounter in fight such as come to ayde the King in his warres is Treason Compassing of the Queenes death of the Kings eldest sonne to coyne his money to counterfet his Great-Seale to levie warre against him to adhere to such as shall so do are declared by that Act to be high Treason This Statute cannot referre to the King in his politique capacitie but to his naturall which is inseparable from the politique for a body politique can have neither wise nor childe nor levy warre 21 Ed. 4 14. nor doe any act but by the operation of the naturall body A Corporation or body politique hath no soule or life but is a fiction of the Lawe and the Statute meant not fictitious persons but the body naturall conjoyned with the publique which are inseparable The clause in that Act R. 2. 11 anno cap. 13 4 pars instit fol. 42 that no man should sue for grace or pardon for any offence condemned or forfeiture given by that Act was repealed by a subsâ—quent Act in 21. R. 2 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. The Act of 11. R. 2. so much urged by the other side was an Act to the which the King consented and so a perfect Act yet Note the Army then about the Town Note that that Law is 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 bee Treason but what is declared by 25. Ed. 3 16 R 2 cap 5. The Regality of the Crowne of England is immediatly subject to God and to none other Plaine words H. 4 shewing where the supreme 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 5. P. M. cap. 2. this repealed by the Act of 1. Jacobi and so it is of force at this day for the repealing Statute is repealed 4. pars institn fol. 51. 125. published sit hence this Parliament by the desire of the house of Commons their Order is printed in the last leafe of the Commentaries upon Magna Charta Syr Edward Cooke by their party is holden for the Oracle of the Law A booke alowed by Syr Nat Brent called the reason of the war fol 95 who wrote the said fourth part in a calme and quiet time and I may say when there was no neede to defend the authority of the Commission of Array For that objection That that Commission leaves power to the Commissioners to taxe men secundum
therefore they are no body with out the King The death of the King dischargeth all mainprise to appeare in any Court or to keepe the peace 24 Ed. 3â—48 1 Ed. 4.2 2 H. 4.8 1 H. 7.10 1 Ed. 5.1 The death of the King discontinues all pleas by the common law which agreeth not with the virtuall power insisted upon now Writs are discontinued by the death of the King Ed. 6. 1 Ed. 6. cap. 7. Patents of Judges Commission for Justice of the peace Sheriffs Escheators determined by his death where is the virtuall power All authority and jurisdictions spirituall and temporall is derived from the King therefore none from the houses 1 Ed. 6. cap. 2. His Majesties subjects 2.3 Ed. 6. cap. 2.11 H. 7. cap. 1. Calvins Case Sa. pars Cooke 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 â—oth for common policy and duty of the Subjects 5.6 Ed. cap. 11. to restraine all manner of shamefull slaunders 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 realm This condemnes their continuing of the weekly pamphlets who have beeue so foule mouthed against his Majesty The punishment of all offenders against the Lawes Q. Mary belongs to the King and all jurisdictions doe and of right ought to belong to the King 1 Mar. Pl 2.6.2 This leaves all to his Majesty All Commissions to levy men for the warre 4.5 P. M. c. 3 Q. Eliz. 10 Eliz. Pl. 315 are awarded by the King The power of warre only 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 sole government de ses subjects Corps naturall le Roy politique sont un corps Plow 234.242 213. Calvins Case 7. pars fol. 12. Plow com 213. that is The King hath the sole government of his Subjects the body politique and the naturall body of the King make one body and not divers and are inseparable and indivisible The body naturall and politique make one body and are not to be severed Plow 934. 243 213. Calvins Case 7 pars fo 12. 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. 5 Eliz. cap. 1. Cawdries Case 5 pars fol. 1. at every Parliament takes a corporall Oath That the King is the supreme and only 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 Lawe 43 Eliz. 3 pars inst it fo 12. Cawdries 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 or take him by force 39 Eliz. Hil. 1 Jacobi ibid. to imprison him untill he hath yeelded to certain demands adjudged Treason and adjudged accordingly in the Lord Cobhams Case Arising to alter Religion established or any Lawe 39 Eli. Brads Case fol. 9 10. By all the Judges of England ibid. 10 Eliz. Plow 316 is Treason so for taking of the Kings Castles Forts Ports or shipping Brooke treason 24.3 4. Philip and Mary Dyer Staffords Case concerning Scarborough The Lawe makes not the servant greater then the Master nor the subject greater then the King for that were to subvert Order and Measure The Lawe is not knowne but by Usage 10 Eliz. Plow 319. and Usage proves the Law and how Usage hath beene is notoriously knowne The King is our only Rightfull and Lawfull Liege Lord and Soveraigne K. James 1 Jaco cap. 1. 9 Ed 4. fol. 8. Wee doe upon the knees of our hearts agnize 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 eyther in person or by representation We doe acknowledge that the true and sincere Religion of the Church is continued and established by the King And do recognize as we are bound by the Law of God and Man the Realm of England and Imperiall Crowne thereof doth belong to him by inhaerent byrthright 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 compleate 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 Crowne by the two Houses but by inhaerent byrth-right and that there can be no Statute without his expresse assent and destroyes the chymera of the Kings virtuall being in the Houses To promise obedience to the Pope 3 Jac. cap 4 23 Eliz cap 1. or any other State Prince or Potentate other then the King his Heires and Successors is Treason And therfore those persons who call the Houses the Estates offend this Lawe Such Bills as his Majesty is bound in Conscience and Justice to passe K. Charles Collection of Ordinances fo 727. 1 pgrs ibid. fol. 728. are no Lawe without his assent To designe the ruine of the Kings person or of Monarchy is a monstrous and injurious charge Vbi Lex non distinguit non est distinguendum ibid. fol. 865. all the aforesaid Acts and Lawes doe 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 politique capacity that the King is not a person trusted with a power but that it is his inherent byrth-right from God nature and lawe and that he hath not his power from the people These Lawes have none of those distinctions of naturall and politique abstractum concretum power and person in Caesars time this Island had Kings and ever since which is almost 17 hundred yeeres 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 Writts which for Knights Citizens and Burgesses begins thus viz. Rex vic Wilts Saltem Quia Nos de avisamento assensu Consilij nri pro quibusd arduis urgentibus negotiis
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 Sevenethly We mintayne that the King is the only supreme governer in all causâ—s They that his Majestie is to be governed by them Our warrant is the statutes of the first of Q. Eliza. Chapter the first and the fifth of Q. Elizabeth Chapter the first Eighthly We maintayne that the King is King by an inhaerent birth-right by nature by gods law and by the law of the land 9 Ed. 4. sol 4. 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 Nynthly We maintain that the politique capacity is not to be severed from the natural 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 pars 7. sol 11. Tenthly We maintaine that who aydes the King at home or abroade 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 We maintayne that the King hath power to disassent to any Bill agreed by the two houses which they deny Our warrant is the statute of the second of Henry the fift and the practise of all times the first of King Charles Chapter the seventh the first of King James Chapter the first Twefthly We maintayne that Parliaments ought to be holden in a grave and peaceable manner without tumults They allowed multitudes of the meaner sort of 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 waite upon them Our warrant is the statute of the seventh of Edward the second and their Oracle Thirteenthly We maintaine that there is no state within this kingdome but the Kings Majesty and that to adhaere to any other state within this kingdome is high Treason Our warrant is the statute of the thrid of King James Chapter the fourth and the twentie third of Q. Eliza. Chapter the first Fourteenthly We maintayne that to leavy a warre to remove Councellours to alter Religion or any Law established is high treason They hold the contrary Our warrant is the resolutions of all the Judges of England in Quene Elizabeths time and their Orracle agrees with the same Fiftteenthly We maintaine that no men should be imprisoned put out of his lands but by due course of Law and that no man ought to be adjudged to death but by the law established the customes of the Realm or by Act of Parliament Thâ—y practise the contrary in London Bristoll Kent c. Our warrant is Magna Charta Chapter the twenty ninth the Petition of right the third of King Charles and divers lawes there mentioned We of the Kings party did and do detest Monopolies and ship money and all the grievances of the people as much as any men living we do well know that our estates lives and fourtunes are preserved by the lawes and that the King is bound by his lawes we love Parliaments If the Kings Judges counsell or ministers have done a misse 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 Kings fault The Law saith the King can do no wrong that he is medicus regni pater patriae spousus regni 11 pars Cookes Reports Magdalen Colledge Case qui per anulum is espoused to his Realme at his Coronation the King is Gods Lieutenant and is not able to doe an unjust thing These are the words of the law One great matter is pretended that the people are not sure to enjoy the acts passed this Parliament A succeeding Parliament may repeale them The objection is very weake a Parliament succeeding to that may repeale that repealing Parliament That feare is endlesse and remedilesse for it is the essence of Parliaments being compleate and as they ought to be of head and all the members to have power over Parliaments before Parliaments are as the time are if a turbulent faction prevailes the Parliaments are wicked as appeares by the examples recited before of extreame wicked Parliaments if the times be sober and modest prudent and not byassed The Parliaments are right good and honorable and they are good Medicines and salves but in this Parliament excessit medicina modum In this cause and warre betweene the Kings Majesty and the two houses at Westminster 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 avoide 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 forfets life and estate and also renders a mans posterity base beggerly and infamons looke upon the Lawes and finde the lettr of the law requires them to assist 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 Power and Person body politique and naturall Personall presence and virtuall to have beene condemned by the law And so the Kings party hath both the letter of the law and the interpretation of the letter cleared to their judgments whereby they might evidently perceive what side to adbaere to what satisfaction could modest peaceable and loyall men more defire A verbo legis in criminibus poenis non est recedendum hath beene an approved maxime of law in all ages and times If the King be King and remain in his Kingly office as they call it then all the said lawes are against them without colour Coll of Ordinances 777. they say the said lawes relate to him in his office they cannot say otherwise Commissions and pardon in the Kings name and the person of the King and his body politique 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 sworn constantly in this Parliament that the King is the only supreme Governour in all causes over all persons at this present time For that of verball or personall commands of the King which is objected We affirme few things to be subject thereto by the law But his Majesties