Selected quad for the lemma: war_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
war_n	king_n	law_n	levy_v	3,963	5	11.2983	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A87536	Judge Jenkins remonstrance to the Lords and Commons of the two Houses of Parliament at Westminster, the 21. of February, 1647. By David Jenkins prisoner in Newgate.	Jenkins, David, 1582-1663.	1660 (1660)	Wing J6054; Thomason E1023_8; ESTC R208529	3,162	8

JUDGE JENKINS Remonstrance TO THE LORDS AND COMMONS OF The two Houses of Parliament AT Westminster The 21. of February 1647. By DAVID JENKINS Prisoner in Newgate London Re-printed in the year 1660. JUDGE JENKINS Remonstrance TO THE Lords and Commons AT Westminster I Desire that the Lords and Commons of the two Houses would be pleased to remember and that all the good people of England do take notice of an Order of the House of Commons this Session for publishing the Lord Cook his Books which Order they may find printed in the last leaf of the second part of his Institutes in these words viz. Die Mercurii 12 May 1641. UPon debate this day in the Commons House of Parliament the said House did then desire and held it fit that the Heir of Sir Edward Cook should publish in print the commentary upon Magna Charta the Pleas of the Crown and the Jurisdiction of the Courts according to the intention of the said Sir Edward Cook and that none but the Heir of the said Sir Edward Cook or he that shall be authorized by him do presume to publish in print any of the foresaid Books or any Copie thereof H. Elsyngo Cler. Dom. Cont. And I do further desire them that they would read and peruse Mr. Solicitour Saint-John and Mr. John Pym their Books published likewise this Session whose Titles are as followeth viz. An Argument of Law concerning the Bill of Attainder of high treason of Thomas Earl of Strafford At a conference in the Committee of Both Houses of Parliament By Mr. Saint-John his Majesties Solicitor General Published by Order of the Commons House London Printed by G. M. for Jo. Bartlet At the sign of the Gilt Cup near St. Austins gate in Pauls Church-yard 1641. And the Speech or Declaration of John Pym Esquire After the recapitulation or summing up of the charge of High Treason against Thomas Earl of Strafford 12 April 1641. Published by order of the Commons House London Printed for John Bartlet 1641. 1 NOthing is delivered for Law in my Books but what the House of Commons have avowed to be Law in Books of Law published by their command this Session and agreeable to the books of Law and Statutes of this Realm in all former times and Ages 2 The supposed offence charged on me is against the two Houses and none ought to be Judges and Parties by the Law of this Land in their own case 3 I desire the benefit of Magna Charta the Petition of right and other good Laws of this Land which ordain that all mens tryals should be by the establish'd Laws and not otherwise they are the very words of the Petition of Right An Ordinance of both Houses is no Law of the Land 1 Part Col. of Ordinances f. 728. 2 pars Inst fol. 47 48 157.143 4 par Instit 23.232.298 ● H. 7.18 by their own confession and by the Books of the Lord Cooke published by their Order as aforesaid this Sessions in Six several places For Sedition in my Books their is none but such as they have authorized this Session to be published and Printed To publish the Law is no sedition These Positions following I do set down for the Law of the Land in my Books and they themselves have justified and avowed them as aforesaid we agree the Law to be 3 Part. Instit pag. 12. M. Sollicitor pag. 12. 3 Part Instit pag. 9. M. Pym p. 28. 3 part Instit ● 10 1● 1● 3 part Instit p. 9. M. Sollicitor p. 10.136 M. Sollic p. 9. M. Sollic p. 9. Mr sollic p. 23. 4 part 4. Inst p. 25. Justice Huttons A●gu●●● f. 39.40 4 part Instit 2 part Inst artic super chartas cap. 5. 1 part coll of Ordinances Cookut supra and to have been in all times in all the particulars following as here ensueth 1. To imprison the King is High Treason 2. To remove Councellours from the King by force is High Treason 3. To alter the establish'd Laws in any part by force is High Treason 4. To usurp the Royal Power is High Treason 5. To alter the Religion establish'd is High Treason 6. To raise Rumours and give out words to alienate the People affections from the King is High Treason 7. To sesse Souldiers upon the People of the Kingdom without their consent is High Treason 8. The execution of Paper Orders by Souldiers in a military way is High Treason 9. To counterfeit the Great Seal is High Treason 10. The Commission of Array is in force and none other 11. None can make Judges Justices Sheriffs c. but the King the King makes every Court 12. The Great Seal belongs to the Kings custody or to whom he shall apoint and none other 13. Ordinances of one or both Houses are no Laws to bind the People 14. part Instit p. 25. M. Solic p. 8.70 M. solic pag. 12.27 M. solic pag. 26. M. solic p. 35. M. Pym p. 8. M. Pym p. 17. M. Pym p. 24.3 part Instit pag. 9. No Privilege of Parliament holds for Treason Felony or breach of the Peace not for 20 Parliament-men forty nor three hundred 15. To subvert the Fundamental Laws is High Treason 16. To levy war against the Person of the King is High Treason 17. To perswade Foreiners to levy war within this Kingdom is High Treason 18. To impose unlawfull Taxes to impose new Oaths is High Treason 19. The King can do no wrong 20. It is a pernicious Doctrine to teach Subjects they may be discharged from the Oath of Allegiance Then what means the Doctrine of both Houses of the Votes 11. of Febr. 1647. 21. A Necessity of a mans own making doth not excuse h. m. The requiring and forcing of the Militia brought the necessity of arming upon the Houses 22. None can levy war within this Realm without authority from the King for to him only it belongeth to levy war by the Common Law of the Land to do otherwise is High Treason by the said Common Law The only Quarel was and is the Militia for which so much Blood hath been spent and Treasure 23. M. Solicitor p. 70 71. 4 part Inst p. 1 3 4. 4 part Instit 41 356. No Parliament without the King he is Principium caput finis 24. Presentment or Tryal by Iury is the birth-right of the Subjects There is no doubt but that many in both Houses are free from this great sin and that most of the prevailing party had at first no intentions to proceed so far but the madnesse of the People who are very unstable and so they will find them and the successe of their Armies having this great rich City to supply them with all accommodations have so elated them that the evil is come to this height For my self to put me to death in this cause is the greatest honour I can possibly receive in the world Dulce decorum est mori pro patria and for a Lawyer and a Judge of the Law to dye Dum sanctis patriae legibus obsequitur for obedience of the Laws will be deemed by the good men of this time a sweet-smelling Sacrifice and by this and future times that I dyed full of years and had an honest an honourable end And posterity will take knowledge of these Men who put some to death for subverting of the Laws and others for supporting of them c. Yet mercy is above all the works of God Bracton l. c. 9. p. 10.7 4 pars Inst 342 343. stanford 99. The King is Gods Vicar on Earth In Bracton who was a Judge in Henry 3 time you shall find the Kings Oath To shew mercy is part of it You are all his Children say and do what you will you are all his Subjects and He is your King and Parent Pro magno peccato paululum supplicii satis est patri and therefore let not the prevailing party be obdurate out of a desperation of safety That which is past is not revocable take to your thoughts your Parents your Wives your Children your Friends your Fortunes your Country wherein Foreiners write there is Mira aeris suavitas rerum omnium abundantia Invite not them hither the only way to be free of their company will be To restore his Majesty and receive from him an Act of Oblivion a general pardon assurance for the Arrears of the Souldiery and meet satisfaction to tender Consciences God preserve the KING and the LAWS David Jenkins Prisoner in Newgate FINIS