Selected quad for the lemma: war_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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The Armies Jndempnity UPon the publishing of the Ordinance of the 22. of this Instant May for the Indempnity of the Army certaine Gentlemen well affected to the Peace of the Kingdome and safety of the Army desired me to set downe in writing whether by the Law of the Land the said Ordinance did secure them from danger as to the matters therein mentioned For whose satisfaction in a businesse wherein the lives and fortunes of so many men were concerned and also the Peace of the Kingdome involved I conceived I was bound in duty and Conscience faithfully and truly to set downe what the Law of the Land therein is which accordingly I have withall sincerity expressed in this following discourse The danger of the Army by the Law of the Land is apparent â—o all men 25. Ed. 3. Cap. 2. 11. Ri. 2. Cap. 3. 1. Hen. 4. Cap. 10. 1. 2. Phi. Mary Cap. 10. 3. Pars institutes pag. 22. 2 pars instituts pag. 47.48 4. pars instituts pag. 23 48.29â— It is high treason by the Law of the Land to levy warre against the King to compasse or immagine his death or of his Queene or of his eldest Sonne to counterfeit his money or his great Seale They are the words of the Law other treasons then are specified in that Act are declared to be no treasons untill the King and his Parliament shall declare otherwise they are the words of the Law King and Commons King and Lords Commons and Lords cannot declare any other thing to be treason then there is declared as appeares by the Lord Cooke in the places cited in the Margin a law-booke published by the order of the House of Commons this Parliament as appeares in the last leafe of the second part of the institutes published likewise by their order The resolutions of all the Judges of England upon the said Statute of the 25. Ed. 3. as appeares in the said 3. part institutes Chap. 3. pars institutes Cap. treason pag. 9. 10.12 Mr. St. Iohn the Soliciter in his speech upon the arraignment of the Earle of Strafford printed by order of the House of Commons pag. 7.13 4. pars institutes Cap. Parliament pag. 25. 11. Hen. 7. Cap. 1. Stamford lib. 2. fol 99. 18. Ed. 3. Statute at large 144. 20. Ed. 3. Capa 11. Ri. 2. Cap. 10. 4. pars institutes pag. 23.48.29 3. pars institutes pag. 22. 2. pars institutes 47.48 1. pars institutes 195. High Treason have been that to imprison the King untill he agree to certaine demandes is high treason to seise his Ports Forts Magazine for warre are high treason to alter the Lawes is high treason The word King in the Statute of 25. Ed. 3. Cap. â— must be understood of the Kings naturall person for that person can onely dye have a wife have a Sonne and be imprisoned The priviledge of Parliament protects no man from treason or fellony howbeit he be a member much lesse can they protect others Those who cannot protect themselves have no colour to make Ordinances to protect others who are no members The Statute of 11. Hen. 7. Cap. 1. doth by expresse words free all persons who adhere to the King The Army by an act of Indempnity free themselves from all those dangers which an Ordinance can no more do then repeale all the Lawes of the Land the whole and sole power by law to pardon all treasons and fellonies being solely and wholly in the King as is cleared by the 27. H. 8. Chap. 24. and the Law of the Land in all times Having shewed the danger of the Army by the Law of the Land next consider the Ordinance of the Lords and Commons published the 22. of May instant for their Indempnity By the ensuing discourse it doth appeare they have no Indempnity at all thereby The Indempnity proposed by the Ordinance is for any act done by the Authority of Parliament or for the service or benefit thereof and that the Judges and all other Ministers of Justice shall allow thereof This Ordinance cannot secure the Army for these reasons I. Their Judges are sworne to do Justice according to the Law of the Land This Ordinance is no Law of the Land and therefore the Judges must be forsworne men if they obey it and no man can beleeve they will perjure themselves so palpably and visibly to the eye of the world II. If the Judges conceive as they may that the taking of other mens horses or goods is not by the Authority of Parliament or for the service and benefit thereof the souldier dies for it Prince case 8. reports they may say to steale or robany man of his goods is not for the Parliaments service but against it III. This Ordinance is against their Ordinances which expresly prohibits plundering and so there is one ordinance against another whereby their Judges have an outlet to proceed upon the one or the other and thereby the Army hath no manner of security IIII. 28. Augusti 1642. collect of Ordinances first part 565. 592. 605. severall Ordinances 4. pars institutes pag. 1. 3 pars institutes pag. â—2 1 pars institutes pag. 1. 11. Hen. 8. 3. Dier 28. Hen. 8. f. 60 12. Hen. 7.20 1. pars institutes 159. Princes case 8. pars reports 1. pars institutes 109 1. pars institutes pag. 110. 4. pars institutes p. 49. This Ordinance is restrained to the Ordinance service or benefit of the Parliament The Lords and Commons make no more a Parliament by the Law of the Land then a body without a head makes a man for a Parliament is a body composed of a King their head the Lords and Commons and all make one body and that is the Parliament and none other and the Judges may ought and I beleeve will accordingly to their oathes proceede as not bound at all by this Ordinance For it is restrained to the Ordinance of Parliament service or benefit thereof whereas the two Houses are not the Parliaments but onely parts thereof and by the abuse and misunderstanding of this word Parliament they have miserably deceived the people V. The word Parliament is a French word howbeit such Assemblies were before the Northern conquest herein are and signifieth in that language to consult and treat that is the sence of Parlet in the French Tongue The writ whereby the two Houses are assembled which is called the writ of Summons of Parliament at all times and at this Parliament used and which is the warrant ground and Foundation of their meeting is for the Lords of the House of Peers the Judges and the Kings Councel to consult and treat with the King that is the Parlet of great concernments touching 1. The King 2. The defence of his Kingdome 3. The defence of the Church of England It cannot be a Parliament that will not parle with the King but keepe him in prison and not suffer him to come to them and parle and therefore the Law and
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