THE 
 
 ;w O R K s 
 
 OF T H AT 
 
 Grave and Learned 
 L A WYER • 
 
 Judge lenkins 
 
 UPON ^ 
 
 Di^^ iS^atu t^lSbn- 
 
 ccrfling, the liberty and ' 
 JFreedomeoi tUe Su^te^, 
 with a ferfeEl Table thereto mnexed. 
 
 By UAvid lenkinsi Prifoncf in 
 NcwgatCg 
 
 flebf fine Lege ruif. 
 
 Printed for /,and are to be fold 
 at his Shop at Fftrnivalt'tme. 1648, 
 
1 
 
The Contents. 
 
 • 
 
 THe Lmsf the LAnd* 
 ^ The King. 
 TrcAfon, 
 A PArliav^ent. 
 The frefent Parliament, 
 CertAine ErrQneas pffjitms And 
 proceedings of both Jimfes ofPAT' 
 iiAment» 
 
 The like of the Houfe of Com^^ 
 mom* 
 
 The Proportions of the FarliA- 
 mem of both Kin^omes fentto 
 New-Caftle. 
 
 The Kings Party, 
 
 7'he Parliamnts Party are De» 
 linquents* 
 
 t 2 The 
 
The Army ferving the tw& 
 Houfes, 
 
 the Amy Refiuiffg the King. 
 The Liberty oft he Suhieii^ 
 MejfdUm, 
 
 r 
 
 The 
 
! 
 
 Th Law of the Land, 
 
 •THE Law of the Laod bath for its 
 grounds 
 
 1, Cuftome, 
 
 2, Juaiciall Records. 
 
 3, Adsot Parhamenc. 
 
 The two latter being Declaration f of the 
 Common Law, and Cuttomc of the Realmct 
 pag.u. 11. 1^. 
 
 TheLaw ofFoyall-Govctnmenc is a Law 
 Fundamfntall,^- 5. 
 
 The Kings Prerogative, and the Subjcfts li- 
 bercyjt^are d<tcrraincd and bounded by the 
 
 The t^ing claimei no power bwt by the law 
 of tbetand.p. I J I, 
 
 rheLawthe only ijulean^ T>heQlono( 
 theSubieft inthis prefentgwrarfe. Pa^. 41, 
 
 l^bi Lex non diUivgulti ibi not efi diSl'm' 
 
 * 5 TM 
 
The Table. • 
 
 7he King. 
 
 THe King of EogUnd hath hU TitU to : 
 thcCro^n, and to hif- Kingly Ofcce 
 and Power, net by way cf truft,from the two' 
 ^oufes d Parliatrentorffomthe peopie.buc 
 by inherent Birthright from God, Natare, 
 and the Law.;. 24j »$'38-P> ^3* 
 
 ^'rhere was never K»ng Depofcd,but in tu- 
 multuous and mad titncs, and by the power 
 of the Armies, and they who arc to bee the 
 fucceeding Kings/mthe head of ifecm,as Ed, 
 
 ».3ndfle».4.f« <4* '.^ j • .v 
 
 VfurpcrsW€rcK.iiBg$<f«/<iraf, not d&juxf, 
 
 ^' The Kiag » « afliftcd by the advice of the 
 ludecs, his Counfell at la ^, SoUicitors,' Ar-f 
 turney, Matters of Chaticery, andcouBfel 
 of Statc,hencc the Law bath felled fcverall 
 
 Powers if? the King-/. »7»*8' 
 
 The K^ngJ of England enjoy? d chat Power 
 in afullracatu^ ¥^\n^lohnsvLtat. ptg. 6, 
 
 ^' How rights of S'overaignty contittucd in 
 praaife from Htf». 3. till iS^o.p. i* 
 The Kings power not feparablefrom hit 
 
 Petfon.70j7t« , . , , 
 
 1 he Body Natvrall and Pol Itique in thCj 
 
 Kingraakc but onebociy. p.xx. j8 jt, f 
 
 Eras SGbi?6t fwcars homage to tbc Kmi;, 
 
The Tabic. 
 
 TheLiw gives reverence to the Pcrfon of 
 the King. 7> to. 
 
 Foule moutlied Pamphlets agalnft the ;^iiig 
 condemned;*, ii. 
 The Supreara Power 3 i in the f^ing. f.f* 
 
 Tbc Oath of Supremacy in relation to the 
 Parliament.^, <57. 1 j3. 
 The King ^upreamein Eeclcfiaftlcall catt- 
 10. 
 
 The King the only Suprcam Governour, 
 and all other pecfons have their power from 
 ii'"m by his Wri f jPjtent, or Cotncniffion. 
 
 The Fewer of the Militia inn the King,' 
 
 i^. 8 . 3 T. 
 
 In the time of Pailiiment. p. 8. 
 Thecommilfi )n of Array in force.p. I j Jit^e 
 Thepowerofoiaking League with por^ 
 
 raigncts isintV'cKing p.S.if. 17, 
 The power of Waz in the King.p« xoiirs 
 The power of making Officerx in the King 
 
 p. 8. 
 
 The King only hath power to make lufti- 
 ces of P£3Ce,and of ASi2e«j;^4 ^ . loo.i 1 
 
 The power ofcoyn3ge#n the King./. 8. 
 
 The power of pardoning only in the i^ing, 
 lyLaw.p. 8.66. 74. 7 a. 84. u8, 130. 
 The King haih power to remove the courts 
 
 Thcf(^ini^ cm doc no wrong, tut his 
 luc^gcs, Counfellors, ; nd MIniftcrs may. p. 
 17'. 4-J. . * 4' So 
 
The Table 
 
 So long as men manage the Lawes they* 
 will bebrokenmore, or leffe.^P, tp. 
 
 Tredfin . 
 
 IN the Reign otEd,z* the Spencers^the Fa- 
 ther and ihe Semne to cover their Treafon, 
 Ifctched in<hejthearts,inventcd thisdamna- 
 hlc and damned opinion, that Homage, and 
 Oath of Allegiance, was more byrcafonof 
 lie King* Crowne (that is his politique Ca- 
 pacity) thanfa;' irsalbnofhis perfonj npon 
 i»hich opinion they inferred three exedraWc 
 and deteftablc coa(3quence«» 
 
 Firft, if t he fy;ing do not dcmeane himfcif, 
 jbyreafon in the right of Li* Crowne > his 
 ieidges are bound by Oath to remove the 
 S^ing. 
 
 SecondIy,fee{ng the King could not be re- 
 formed by fun of taw, that ought to be done 
 per ajperte, that is by force. 
 
 Thirdly, his ieidgesbc bound to Govcinc 
 in ayd of him, and in default of him. ^.9.70. 
 
 Several! Treafons by the Statute » f *E«/. j, 
 ^iz ij.iil. i?.l/.76« 
 " The word liin^n the a $. f^ip. 5 rauft be 
 underftoodof the lyings natural! pcrfon./'.ti. 
 
 Oiher yreafonf notfpecificd in that Aft 
 are declared to be no Treafons, untiil the 
 J{ing and his Parliament fhall declare other- 
 wife»/».77.xor.». 
 
The Tabic; 
 
 » To felze the Kings Forts, Perts, Msffll 
 aineofWarreisHighXreafon,/'. it 22.37. 
 .77* 
 
 To remove Counccllourf by Arms,is high 
 T^reafon/?. 21.40* 
 
 To leavyWar to al«r Religion is high 
 Treafon.p,4o. 
 
 To leavy war. to alter the Law,is high Trea- 
 fon p. 1 1. 40. 7y. • 
 
 To couarerfeit the great Scal.is highTrea- 
 fon/). 57 « 
 
 To adhere to any State within the K'ing^ 
 doxti, but thrjfCmgs Ma jeily,is high Treafon* 
 
 To Imprifdn the King untill he agree to 
 certaine demands is high rrcaron./). n, ax., 
 77* 
 
 They who imprlfon the King purpofe to 
 aeftroy him, />■ 1 6,-, 
 
 Depofersof the King adjudged Traitors b/ 
 the Law of the Land./). 54* 
 
 A Body Corporate cannot commit Trealoo, 
 blattheperronscan./'4 161 
 
 Noble men committing Treafon^forfeic 
 their Office and Dignity.;^. ^43. 
 ^ Treafon how punifhed ^y the Law./). 4 2.; 
 ' Treafondoth ever produce fatall dcHrudi- 
 on to the Offender5&never attains to the de- 
 fi ed end ; and there are two incidents infepe- 
 rablc thercunto../'ti3J» 
 
 A 
 
The Table. 
 
 A Vdrliament. 
 
 He vtotd ParllatT'ent cometh trcm die 
 Prervch worJ.?rtr/d'r,torre3r./». 8 I. _ 
 T'rtc King is Princtpiunt, C'^past & fmts^ ^ 
 pari. p. z<$.48. III. 
 
 •The f(t"g afftmWcs the parlwroenc by his 
 Wrir,Acljourncr, Prorogues, and diflolvcs 
 the Parliament, by the Law^athis plcalure. 
 
 ^*rhe Writ wticreby the King affcmbled the 
 twoHouics,which is called the Writ of Sum- 
 mons, at all cimes,and at this Parliament 
 fcd,and which it the warrant,ground, and 
 foundation of their me<ting,tx,for the Lords 
 cf the Houfc of Pccrr, to Confult and Treat 
 with the Kins (th3tisihcPdr/«rj of great 
 Concernmentsjtouching ; 
 
 1. rhelx,iJ?g. . , 
 
 ». The defence ot this ICirgdome. 
 5, rhe defence of the Church of England. 
 
 Councell is not CommandiCounfclisri are 
 notCommandff^. 26. 
 
 r kc wiit of furamoning the lurigesj Coun- 
 fcli of Lav7,and x t. Miiicxs of Cbancery,i3 
 io appearand atrcnd the Parlkment,to give 
 
 rhevvncoffummoningthe Commonf,it 
 10 dcs<. r.nd to confent to fuchthing^, which 
 £'.aU h3P?cniobee.or^3!n£d by Commoa 
 
TheTaBIe.. 
 
 !• C'Junrcil theic (vt^,; in the Parljamf nr. j># 
 
 rhePjrliamentjs a Corporation coTspofcd' 
 ofthef^:ng'thet>cad,nnd the Lords 8c Com- 
 mon?,'hc Sabicd bodyip.^f I.ja.p.i^ 
 
 fO. 80 It X.T4i. 145,24^, 
 
 ^ And ic hath power over our iWcs^ liber- 
 ties, Lawes and (joods. p. 1 1 8 . 
 
 riic^ourt ofParlia:ntnr is onety in|Ji,e 
 Koute of Lords, where the King fit j in per- 
 [on.p. I 16. lii J f 44, 
 
 The O ficc of the Loriy,isto Counfcll the 
 King in time of Peace, and'io defend hini In 
 time cfVVir,/7, iz6. \^t. 
 
 It bclongf to the Houfe of Lords, to re- 
 foi me erroneous JudJcm"-nts given in the 
 Jiings Beac'^jto redrclfi the dci^yes ofCourrs 
 of/ufiice^ to receive all Petitions, to advife 
 his Miiefty with their CounfdljCohare rhfir 
 Votes in Voting, or abrogating of Laws,and 
 to propofe for the Comm-Dn good, what they 
 conceive ST'ot p. ? 3 . 
 
 How Errors in ludgcmsntarc rcvevred"b/ 
 th: Hi;ure of Lords, p. JT. 
 
 At a ConfercRcc the Commons src alvvaies 
 uncovered and ftandjwhgnfhe Lords fu rtith 
 their hats onjwhicbfhe.ves t\iar they are net 
 L ^licagues in ludgcsjcnt withthe Lcxds. p. 
 
 E/ery member of iheHoufj or Com-nons 
 r tikes the O^ch of Allegiance and SuprcnLicy 
 before his adm'ifiofl into the Houfe. 67^ 
 ,♦33, ^ - Bribcricg 
 
 i 
 
TfietaBle 
 
 Briberies, Extortions, Monopolyes, ought 
 io be enquired after by the Houfe of Ccm- 
 rfeons, and complained of to the lying and 
 £,©rdj />♦ 114. 
 
 It belongs to the Houfc of Cor«o?ons to 
 teprefcnt the Grievances of the Countrey, to 
 grant Aydes for the K,'ngj "P'-" occafis 
 oni cxtraordinary,to afient to themaking of 
 •^Abrogating lawe*,/'. 35.115, H6, ir/, 
 118 
 
 Becaufe making of new, atid abrogating of 
 old laws both induce | Novelties : And be- 
 caufe Bills in both Houfes may paffc, but by 
 one or tnro voiecs^or very few, and perhaps of 
 no judicious fiaen(who oftcntiOKS carry it by 
 making the Major part , which involves 
 the ccnfent of al) therforc the Lawmakejche 
 King affifted therein, by a great number of 
 Grave, learned, and prudent men, the ludgc 
 of thofe bils, whetberthey be neceffaryfor the 
 i^ubli que good, or no. p. Ji/j J. yg. 5 y. 
 IS 3. 
 
 And the King upon all Bils, hath liber- 
 ty of aflcnting or liiffenting, p. 18 28* If. 
 
 And in cafe the liings Minority,ibc Pro- 
 ttdor ha:hhis liberty jand negative Voice in 
 sefpeft of iheXiBg'/'. T*. 
 
 The ftyies of the aSs printed from 9.lfe». 
 3«ro jjHcB 7,were cither the l(,ing Ordains 
 -atbis PaiUament, &c. Or the l^ing ordain-^ 
 sih by theadyice of feifi Prchtu and Ba' 
 
 sons 
 
The Tabic. 
 
 rbns,and at the hatnblc petition of the "Com- 
 mons, &c. 
 
 In HcH' 7. t'O'e the ftvic was altered, and 
 bath focontiBQcd to this day,p.24.7i. 
 
 No Adof Parlianstntbin.^cs the Subjeft, 
 without the affcnt of the l^ing.piyi 7^, 
 
 When ar» Aft of Parliamenc is againft 
 CoHMmon Right, or K-afon^ or rcpugnanj^or 
 jtnpoflible to be perfornied,thc Common law 
 (hall controle it, and adjudge it to be void. 
 And fuch is an Ah for a pcrpetuall Parlia- 
 mcnt.p.iig. ^ 
 
 An Afi of Parliament, That a man fhaU 
 be ludge in hisownc caufe, is a void Aft»/, 
 
 An Ajournmcnc of the Parliament makes 
 no Seffijn«/>. 1 ?7. 
 
 There is no Scflfiontill a prorogation, or 
 diflolutionof the Parliament. p. i g7, 
 
 Allthc Afts of one Seffion relate to^ihe 
 fii'ft flay of the Parliament, p<,i 3 8. 
 
 The two Houfes ought to take care of the 
 pr'cfervationof theXingsperfon./'. 18^ 
 
 The Lords and Cemmonx cannot affent to 
 any thing that tendito the^ifinhfrifbnofihe 
 K;ingj& his Crown to vlJich they are fworn. 
 
 The two Hcafes oughtnot to cacddk with 
 ,rhci(^ing« Revenue- p. u. 
 
 Armcs are Rot to be borne in London, or 
 $?<'(fiminfter in time of Parliacscnt;/. 8, jp, 
 ^he Privilcd^c of Parliament protedi no 
 
 man 
 
The Table. 
 
 m-»n incife of rrcafoaor Felony,^. Tf. iS- 
 
 Parliaments arc as the times are.-it a turbu- 
 kntFadion prevailed, the Pithamcm ar(j 
 wicked if live times fobcr, modcft, p^u- 
 acnr, and not biaffed, ths ParUamcnt are 
 right, g )od,hoaourabIc,4nd good Medicines 
 
 T^e prefent VarlUment. 
 
 THIS Parlisment began %.Ho'\jcmi. 1^40.^ 
 and in ihe beginning eijerot the K. ng ac- 
 quitted the Ship 5ioncy,iCnighthocd.moncy 
 feven Courts of luftice confcnted to a rne- 
 niallParllamcnt/ccledthc Forreft Bounds, 
 Tcoke away the Clarke of the m jrkct, of the 
 Houfhold^trufted theHoufcs wun tne Navy,, 
 piffedan Aft not to diiT^lve thisParhanienc 
 without the Houfcj af!ent»Ho people in the- 
 worldfofree.if they could have b. en can- 
 tent withLiwcSjOaths, and Reafjn and 
 nothing more could, nor can be dcv.ledto 
 ferve uf, n<ithetfhath b:en in any time be- 
 
 fore 0.54' * . ^ ^ %. 
 
 Motwiihftandingall th'sr^^^^. '0.154 
 she Kins was driven away from Lo«ds», by 
 frequent Tumults^rsnd a. thirds, and moicof 
 the Lord, had deferted that Houfe, t.;r »he 
 famecaufejand ihc greater pirt of the acufe 
 ofcomrnons, Icftihac Heufe alfoforthc 
 - -'- *' iaiac 
 
TheTablcJ 
 
 famcreafonmcw men cbofcn in their place?, 
 againft Lawj^y the f rctcnded If arrant of a 
 counttrfeit ScalCjand in the f{ir.^s naiT!e,as 
 gainft hisconfcntjlevying War againft Men, 
 andfeifinghij FortJ, Ports, MagaiinJ, and 
 Kevenue,and convertingihem to his dcftru« 
 dion,andthcrabvcrtiori of the Law, and' 
 laadjlaying Taxes on the people/ ever heard 
 ofbePerc in chisLand> devifiog new OitnSJ 
 to oppofe the Forces raifed by the /C>"g>- 
 
 From the 3.,?/<?<y.itf4o.u.nro Idn.to i6^T, 
 thcyhad tince topetfecure alt evili Coun- 
 fcIlorsanJ/udges,^, 17 4T. 
 
 From that time > h ' f(;ing was drircn aw ay, 
 the two Houfcs flood in oppofitionto the 
 i(;ingaQd his power.^. 66. 
 This became no parftament when the king, 
 r^ith whom they fhould parley, war driven 
 way,andic continues fo, whilft his Majeilie 
 jsreftrainedas a prifoner.f. j f . 8i- And the; 
 Houfes now fevered from the ?^inf; have no 
 power at an,no more than the body hub ^be- 
 ing fevered from theheadip.So. Hi* 
 
 The a.houfes do not no\i|aft by thc7y;ings 
 Writ, but contrary to it,^. it 1. And fo their 
 A<Ss are Null.p. 1 a a, 
 
 The Aft for continuing thii parliamfnt/o 
 long .If both Hoafes pleafcjls void, bccaufc 
 it is: 
 
 II /^gair.ft Common rightifor thcrby :he 
 fariiament will not pay their debtj.'A ad 
 
 they 
 
The Tabic. 
 
 ehcy may doe wrong to other men, Impunei 
 befides the utter deftrMftion of all menj afti- 
 ©nj, who have to doe with Pailiamenc 
 men, by the Statute of Limitation, xi» 
 
 i,Againftcommon re»fon,for parliamentx 
 were made to redreflc publiquc Grievances, 
 not to make theip^ 
 
 ■^3. Jtnpoflibic, che Death of his ^ajeftic 
 (whom God longprefcrye) diflbiving it ne- 
 ccffarily. 
 
 . 4. J^epugnant to tVie AAfor a Trienniall 
 parliamentjand to the A^for holding a par- 
 liament'joncc a year.p, 139.140. 
 rheend of continuing this parliament was 
 toraifccredii for Money^for three piirpofet/ 
 And the three ends of the Aft being detcrmi- 
 ncdjlt agreeth with Law and iicalon , the 
 Aft fhould end. p, 1 4 • , n. ; 
 
 A perpetuall parliament (befides that it 
 incites men to felf ends) wiU bea conftant 
 charge to the Klngdome, byreafon of the 
 wages of Parliament men;^ 14 1. 
 
 A/ifchi«fcsby the length of pailiaratntaj 
 
 Certaine 
 
The Table 
 
 * Certdine Mrroneus Vofitions an 
 Frecee dings of both Heufes of 
 Parliament difcovered and c^'^ 
 futed, 
 
 TpHc two Houfej without the King not 
 rheyarHamcnt, but only parts thereof 
 and by the abufc, and ttiifunderftandiTig of 
 thif word Parliament they havepaaCeratly ds- 
 ceivedthc Pecpk./'. 80.1 J 
 The Kingif not vertujUy in tlae two Hou- 
 fesj>« 1 1.15.10.21. 
 
 The two Houfes art not above the i^ingj 
 •but the l^i ng J upcriour to thcin.p,,^ 
 
 The renents of the Spencer s^ite the ground 
 of their proceedingf. />« 10, iz^ And upoa 
 their pretcnces,they take upon them the Go- 
 vernment at this time. 
 
 They'haTC de'ftroyed abovea Ico. Afts of 
 parliament (etcn alconcerniogtbel(,ing,the 
 Church, & Church men) and in cff<&2Uag- 
 7ia Cbarta^xni C^arta dt Forrefta, which are 
 thcCoonmonLawej oftl^!l^nd«p. 154. 
 
 They have fiyececn fcverall illegaU wayes 
 raifed Afoney upon the Subjeft thu prefent 
 Parliament/'. 3 J. 
 
 Ti«cre as no crime from Treafon to TreC-; 
 pafle, bnt tliey are guilty of,;'. 142. 
 
 They are not to be ludges in thdr owne 
 tiyfv./'.if. 
 
TheT^ble. ^ 
 
 Of ihcirLeague and CeYcnant with the 
 
 Scots. p.is^. 1634 \. , . T J 
 
 T hctwoHoufcsby the Law of this L3nd> 
 have no colour ofpowcrW^ake delinquents 
 er pardon 2)clinqaent», the Z^lngcomradi- 
 Aing.p.119. 131. ^ 
 
 ■V^r/4/>^ Erreneous potions And 
 proceedings in tht ffsufe cf\ 
 Commms difcovered and cfin- 
 fined, 
 
 THcy cannot bcMemhef s of ihe houfc of 1 
 Cominon?, who were not recidcnc in the 
 Counties or Sarrougbsjior which they were 
 elcaed, 3t the time of tTie Teft of the mit of 
 Suajmons of parliacnenr, f), 
 
 IfanyundaeRcturnbemade, thcperfon 
 returned, is rocomin oca October, and the 
 tryalof the Falcity oftlieRctuine, is to bee 
 before the Jjfticc of Aflizc, in ihe proper 
 County, this fendemnti ihe Committee for • 
 undue E'edion^ 14&. 
 
 The Houfc of Commons cmnot EleftjSnJ 
 Return Members of thar Houfe.p. 1 44' 
 
 The cjcding of Member that hath fiitcn, 
 jsa^ainft hwjalfo their new elcaions are a- 
 gainft Liw : And by th!^ it may ^cjudeec, 
 what a Roufc of Commons wc have./?, i 48. 
 
 • Breaches 
 
The Table. 
 
 Breach? $ of prlyiledges of parllafiaent'inay 
 bepuoiftscd inothcr Courts p. 149. And 
 what neciil then of a Committee for priri- 
 Ie<Jgcs. 
 
 The houfeof Commoflf by their writ have 
 feparate power given them over the KiBgt 
 people ^.x 44. 
 
 The houfeof Commons cannot impniWi 
 any who «re not their Membcrs,or Difturbars 
 of their Afembers in the fervice of the parlia-; 
 BJCHt.p 143. 144, »4J. 
 Tbe Hoal'e of Con»mon3 no Court./', 1 1 f , 
 
 1 16.144, U$.e^£> 
 
 The prof iftlttnftnt ^ the f^lia- 
 mms ifhoti Kingdms to Bis 
 Majeftfat New-Caftle. pag. 
 
 /^Etwrall Reafons agaiiiftthofc ffopoflti- 
 
 Reafons in particulai^^inft the prof oli^ 
 tions. 
 
 For tlifahJing the i(tng to pardon ;> » 5« 
 For Altering Religion in point of Gov«n- 
 
 For faleoftheSjfliops Lands, p- 30. 
 For taking away the Book of Comascn- 
 
 prayer 57. 
 
'The Tabic. 
 
 For taking from his Majeftjr all the power 
 Dy£andandSca.f.^7. 
 For laying upon the people what Taxes they 
 Ihill think meet/'. I a 8. 
 
 Befides in their propo6ci©ns they doe not 
 ftykthemfclves His itfajefties Subjed./ 
 
 The Kings f Art J. pag.j^,37. 
 
 arecommaflded byiawto 
 amfttheKinginWar.35. ^ 
 
 Thofe who adhere to the King are Freed 
 by rhe5.atuteofthe...^.«/^, 
 
 ills party anfwercd./-. 47. 
 
 The ParliamemsfArty an Deliu. 
 qnents, ^ 
 
 L ^P^^^'^quentis he who adheres to the 
 ■ _fC»"gs enemies.- chix ihevrcs who are 
 Dehnquems.^.7' 
 
 Thg 
 
he Amyfer'ving the ^arliment 
 
 T^PIe'fumme of the Ordinance for the /a- 
 -» dcmpnitvofthe Artny.jp. 7j>. 
 It can no more free the Souldicrs than re- 
 H peak all the Lawes ef the Land./*. 78. 
 I The Judges arc fworn to do lufticCiaccox^ 
 ! ding to the Lawes of the Land,/>,79. 
 
 An AdofObIivion,and a general! pardon 
 the only meaney to indcmpnifie the Anny 
 and the whole K' ng^ome.p.S 4. And the con- 
 clusion of all the other &ook» 
 
 Ihe Army Kefeuhg the King, 
 
 'T'O deliver the Xing que ofTrayterous 
 ^ hands is eur bounden duty by the Law of 
 God and the Land. ^ X ? J. 
 
 By the Law of the Land, when Treafon, ot 
 Fdcfiy ij committed, it is lawfuUjor every 
 Subieftjwho rcfpeds the Offender jto appre- 
 hend him> ib that IttHi^e may be dti-ne opon 
 hina, according to Law,/). 
 
 As the Army hath power^ adhering to the 
 f(ing, all the Lawes of God^ statute, and 
 man ar^for them, /»i 1 56. 
 
 None by the Law of the Land, can In this 
 kingdom have an Aifjny butthe jFCing, 5j. 
 
 i 
 
The libeftf oftht SukieB. 
 
 O 
 
 U/tibertieiswerc allowed in the 17. ^ 
 King lobHi and coafirmM in the 9th. of 
 Hfi«. j.and arc c«Ued MagnaCbartSiSi Chait' .\ 
 ta de Fere fit. p» 6. 1 17. 1 ?o. * 
 ^Migna C'barta is irrepealablc p. 
 
 Scverallbtls for our Liberties patted at the- 
 beginningofihis Parliamcnt^.34.And how. ^ 
 
 fetured. . ^ . . , . l 
 
 TheLiberti« of the Subje a violated by the 
 
 two Jiouf« of Pariiam€rit.i40.' 
 
 Mifcdlma. 
 
 THe Lord Coo*i Inftitut. publilbed by the 
 Order of the Houle of Comaions.p.77., 
 Of the Bill paflied thisparliaraenc for taking 
 away the BiQiops Votes in ParUameiit.;>. 5 i . 
 
 A»alnft that fayin2,that the i^inf got away 
 the Great Seal futrepiitioufly from the Par- 
 liament, ^ 45. 
 Oi lac\ Qtde. p. i€o. 
 
 Treafons,Mli^cri,¥elomei,andGapita^ 
 Crimes to be iryed by lnries,andnot other- 
 wife, but by Aft cf Parliaoaent. ;> lot. 
 
 The ChanstUorior l(.ecpers Oath, I74. 
 
 The prc.fcnt Committioners have no (;<iur£ 
 $eal> nor coinsiiifli n. 175- 
 The icing, the Lawcs and K^; ^.deme cati- 
 
 aoc be revered* ^""^ 
 
'^Thconly quarrel wax for the which 
 the laws have ever fctlcd upontheking3i77. 
 
 No peace can pofitbly be had witboui the 
 King. itid. 
 
 No man can devifc lan^still hebezT. 
 ycarx of age. 1 84. 
 
 An Jnfini of 1 7.years may difpofc of goods 
 i»by will by the opinion of fome^butby others 
 not till 18, i8f. 
 
 The court of Wards had no jorifdi&ioir 
 over the pcrfonall eftatc. 187. 
 
 Peace an^ plenty abounded during his 
 Majeftics Government. 189. 
 Since the 2. houfes have ufurped the power 
 the kingdom hath bin in a fad condit?onjipo. 
 
 Nothingdelivcrcd in this book foriaw 
 but what the huufe of commons have avow- 
 ed for Law thisSeffion. 1^7. 
 
 The 1 4 pofition of Lawfct out in divers 
 books by the Houfc oiCoaimons order. 1^8 
 
 It is honourable to die for the Law.', 202, 
 b Geod counfell for them if it be taken xn 
 lime, 20J. 
 
 Thatwhich will fave this Land from dc- 
 ftruSion is an Ad of Oblivion, and his Ma« 
 jefties gracious gcnerall pardc#, the Souldi- 
 crs their Arrears,and every l^an his own,and 
 truth and peace eftablifhed 5 n this Land, and 
 a favourable regard had to the fatisfa^tion 
 of tender Confciences. 
 
 ^od/avs tbe lOng" 
 
^ CO 
 
 To the Honorable So- 
 
 > ciccics of GrayeS'Ims, 
 and of the reft of the 
 InnesofCourtjUndto 
 all the Profclfors 
 of the Law. 
 
 I Have now fpent Fourty five 
 jeers in the Study of the Larvg 
 ^fthis LAnd,bei})g my pro.feJJi)» > 
 mitr and by the candtt^ of which 
 Liws, this Common-retAlth hath 
 pHrifhedfor fame Ages pali m 
 great fflendoar anct happinefe, 
 (Jam feges eft ubi Troji fuir.) 
 The great and full body of this 
 Kingdom hath of late j^f fallen^ 
 into an extreme fie kne^e ; it id 
 tmly f^id , that thi canfe of the 
 difeafe being k>iown , the difeafe 
 is eaftly cured. There U none of 
 johJ hops, bjit doth hemily ^ijh 
 S the 
 
the recovery of our common pa" 
 rent yOHT native csmtrey (Moi't- . 
 bus antiquis ftat res Britanica.) 
 J call god to witnet that this M/' 
 cottrfe of wine hath «o ether end j 
 then my "^cifhes of the common 
 ^ good : ho^ farre I have been from 
 Jmhition^my life paH.andyour 
 o^n knowledge of me^ cm abun- 
 dantly inform you : ttrid many of 
 yoH well f^noVf, that I ever deteft-^ 
 edthe fhip-mony and monopoliei, 
 and that in the beginning of this 
 Parliament for oppoftug the eX' 
 ceffes of one of the BifhopSy X lay 
 underahree Excommications, & 
 the examination of feventy feven 
 Articlet in the high Gommiffion 
 . Court, His f acred Majefiy : 
 (God^ my^itnes) made me a 
 ^(tdg in $ke parts of Wales again^ 
 my Tvill) <ind all the meanes I ^at 
 able to make's and a patent for mj 
 place Veof fent me, for the nvhich I 
 have not paid one farthings and 
 the place is of fo incenfiderable a 
 
 be- 
 
 I 
 
hneft^that it is ^orth hm 80.I. 
 per Annum when paid^'ind it cofi 
 me every yeare I fervid t^ice as 
 mmh aut of my own estate in the 
 way of an ordinary and frugall 
 '^^xpence. That ^hich gave met 
 cmfort was that 1 kne^ wel that 
 his MajeBy was ajftfi anda pru- 
 de»t Prince, 
 
 In the time of the Attttrney^ 
 fljips of MafierNoy and the Lord 
 Banks, they were pleafed to mak^ 
 often ufe of me, and many refer- 
 rences concerning fuits at Court: 
 upon that occafion came to my 
 kjtowledge ; and as I fhall anp^er 
 to God upon my lafi account this 
 is truth, that all or mofi of the re- 
 ferences which I have feen in 
 - that kjnd (and 1 have £e^ many) 
 were t9 this effeB^thM HU Ma^ 
 jefiy would he informed by his 
 Cauncel if the fuits preferred were 
 Agreeable to the Lawes, and not 
 inconvenient to his 'peddle, before 
 he "^ouldpaffethem, Xyhatcof^ld 
 A 2 4 
 
a juft andpiosfrFrince do moref] 
 Gentlemen ', you Jhall finde the 
 Caufe Afid the Care of the prefem 
 great difiewper inthis Di/coHrfe; 
 4ftd Godprofper it in jefir hands, 
 thoughts , and "^ords^ oi the cafe 
 defervef* 
 
 Bold to the Laroi , this great 
 body recovers : forfake them , it 
 V^i/l certainly perifh. 1 hatje re- 
 folved to tender my fehf a Sacri" 
 fee for them as cheArfulli/ 9 and 1 
 hope (by Gods ajfi fiance ) a£ con' 
 fiantij 04 old\u\t^%vc did for the 
 holy Laws of his Nation* 
 
 Your Well- wiflier, 
 
 David Jenkins, 
 •Now Prifoner in the Tower, 
 
 LEX 
 
(5) 
 
 LEX TERRM, 
 
 l^^^p^ He Law of this Land ^ 
 Ii^th three Grounds : 
 Firft , Cuflome. Se- 
 condly , Judicial Rf- 
 cords. Thirdly, jUs 
 of Parliament. The two lacer are 
 but dcckrations of the Common- Laiv 
 tiTidCHjiotn of the Realm , touching 
 "Royal Government. And this Law of 
 Koyal Government , is a Larv Fundan 
 mmal. 
 
 The Government of this Kiog- 
 dom by a Royal Soveraign , hath 
 been as ancient as Hiftory is , or the 
 memorial of any time : what pow^r T ^*"8* 
 this W^^«/y alwayes had and f/a^lT^I 
 Bled m War and Peace in this Land, pare of the , 
 is the fcope of this Difc<j|tll; : that Common 
 Vfage fopraftifed, makes the/eina ^^^v-<^«*W' 
 Fundamental Law 5 and the Cem^ 
 mon liw of the Land , is Common Stamfofd 
 Vfage 1 Tlowdens Commentaries \^^. ff*r fol.i. 
 Por the firft of our Kings fince * ^''"*'>fia* 
 the Norman Conqiuft , the firft ^'K^Lni* 
 Wilhm, f€eo«d Wjlham, Henrytht L 84,^ 
 
 B3 fifft. 
 
filft, Stephen, Henry the Second^ 
 and Eichard the firft, the Cuftomes 
 of the Reahne tot'.ching Koj/al Go- 
 vernment were never queftioned: 
 The faid Kings enjoyed them in a 
 full meafure." In King John; time 
 the Nobles and Commons of the 
 Realrae conceiving that the ancient 
 Cuftomes and Rights were violated, 
 and thereupon pre fling the fiid King 
 to allow them in the feventeenth of 
 King John, the faid Liberties were 
 by King John allowed, and by his 
 Son Henry the Third, after -in the 
 ninth year of hisReigne confirmed, 
 and are called Magna Chma , and 
 ChxrtideForefia, declared four hun- 
 dred- twenty two ycares fuhenceby 
 the faid Charters. 
 
 Now refts to be confidered, after 
 »he Subjefts had obtained theit 
 Rights and Libertics,which were no 
 otber than their ancient Cuftomes, 
 f and the fundamental Rights of the 
 King is^Soveraigne are no other,J), 
 How tSetRights of - Sewer aiintti 
 continued in pradicc from Henrv the 
 Thirds time untill this prefcnt Par- 
 liament of the third of Nevember, 
 1640. For before Henry the Thirds 
 time, the Smraiffim had a very full 
 
' Rex hahet Potefiatem ^ juk 
 
 rifdiBtonem fuper omnes cjui ift' 
 ■ Regno fuo funt^ea cjdit fmt jurif- Brazen 
 
 d^BioHts (jr pacts ad nnllnm per- 
 
 naetit nt[t adRegiam atgmtatemi Seif.x. 
 
 habet etiam coercionem^ at Dt* 
 
 linqmntes pptnUt coerceat : 
 
 This proves where thefupream 
 
 Power is. 
 
 A Delinquent is he who adheres to 
 the Kings E lenaies Com.' Sur. Ljnl. 
 i6i. This lh:ws who are Deli,. - 
 (juents. 
 
 : Offtnis fttb Rege, & tpfe fab 
 mllo nifi tantumDeo^non efi in' 
 ferior fibi SubjeBu, mn par em Ssff-s.Sraa . 
 habet in Regm fuo ; This fliews 
 whe re the fupream power is. 
 
 Rex non habet fuperiorem ntjfi 
 Dewvyfatishabet adpcenam ijtiod ^ra^tnu 5, 
 Deum expeaat ult&rem. This 'il'?;^ 
 (hews whe re the ^i5>re9a3€ s-sw^'w /, 
 power is/ ;v . , J-'^^y* 
 
 - Treafons, Fcllonies, and other 
 Pkas of the Crown, are ppopri'a. 
 caufa RegH : This &ews the fame 
 power. 
 
 By thefe paffages it doth appearp 
 A 4 what 
 
{«) 
 
 what the Ciaftom was for the power 
 of Severaigniy before that time , the 
 powtrof tht Militja, of coyningof 
 Money, of making Leagues with for- 
 raign Princes, tfec power of pardon- 
 ing, of making of Officers, All 
 Kings had them , the faid Powers 
 have r.o beginning. 
 ^ Sexto Ed^. J. Com. Sur. Littl. 8$. 
 Liege- Homage J every Siibjeftowes 
 to the King ; M^. Faith de Membr$y 
 de vita , de terreno hcnore j the form 
 . Sdwatd. uj of the Oath , imr Vetera Statuta , is 
 ■fet down. We read of no fuch , or 
 8ny Homage made to the two 
 Hmfes, bu-t frequently of fuch made 
 by them. 
 
 It is declared by the Prelates, Earls, 
 " ijEdi^ x. Karons and Commonalty of the 
 Statutes at Rcalmj that it bclongeth to the King 
 large/«i4a, and, his Royal Segniory, ftraitlyt* 
 defend force of Armour , and all o- 
 ther force againft the Kings peace, at 
 all times when it fliall pleafe him,and 
 to punifluhem that /h ill do contrary 
 according # the Law and Ufage of 
 the Reiilm, and hereunto they arc, 
 bonnd to aid their Sbvcraign Lord, at 
 I all feafons when need ftiall be. Here 
 
 thefipreme power, in the time of 
 Parliament, by both Houfes is decla- 
 red to belong to the King. 
 
(9) 
 
 At the beginning of every Parlia- ^ ^.^ ^ 
 ' ment, allarmes are or ought to be farsinjXtA- 
 forbidden to be borne in London, 
 Wcft'iViinfter or the Subburbs. This 
 condcmnes the multitudes comming 
 toWcft ninfter^ and the Guards of 
 'armed men. 
 
 All who held by Knights fervice, 
 and bad twenty pouijds per annum » L*/^/* 
 were diftraynabic ad Arma militaria. 
 fufcipienda : This agrees with the Re- 
 cords of ancient timcjcontinned con- 
 ftantly in all Kings times; but at tl^is. 
 Parliament^ November, 1640. the 
 King ORt of his grace difchargtd this 
 duty, which proves that the poflfcr of 
 warrc, and preparation thereto, b^i- 
 longs not to the two Houfes, btu on- 
 ly to the King. 
 
 The two Spencers in EdrP^. the Edw. z.Cet-' 
 lime hatched(^to cover their treafon J vtmCafey • 
 this damnable and damned opinijn '^'•"V 7>/«t; 
 ■fXii?^. Thit Ligeance was more by 
 reafon of the Kings politick capacity 
 then of~his perfon *, upoa v#iich they . 
 inferred thefe execrable rod detefti-^ 
 Me confeqiiences. Firftjif the KJiig , 
 demea>nednot hfmfclf by reafon in 
 the right of his Crowne, his Lieges 
 are bound by Oacb to remove him. . 
 , Secondly^ feeing the King could noc- 
 ^baremoYsd byftn't oEL^Wj it was to . 
 
 A 5 , be-: 
 
(lo) 
 
 be done by force . Thirdly , that his 
 Lieges be bound to govcrne in dc« 
 fault of him. 
 
 All which tenets were condemned 
 by two Parliaments , the one called 
 txilium Hugonis in Ed. 2. time ; the o- 
 therby i Edtf. 3. cap.2. All which 
 Articles againft the Spencers are 
 confirmed by this laft ftatute,the Ar- 
 ticles are extant in the book called 
 veterx Statuta. The feparation of 
 the Kings Perfon from his power, is 
 the principal Article condcmned,and 
 yet all thefe three damnable, detefta- 
 ble, and execrable confequeaces, arc 
 the grounds whereupon this prefent 
 time relies, and the principles where- 
 upon the two houfes found their caufe 
 The villein of a Lord in the pre- 
 fence of the King cannot be fcifcdj 
 iiu for the pre fence of the Kmg is a pro- 
 *3i'#P' '4?' teftion for that time to him : This 
 fliews what reverence the Law gives 
 to the perfon of a King. 
 
 Reges^facro oko mWi funt capaces 
 fpiriiualij jMffdiHlcnii : Bat the two 
 Houfes were never held capable of 
 that power. 
 
 Rex eft perfona Krxta cum facerdote, 
 Vjckdt%- habet Eccle/taftkam ^fprimilemjwif- 
 loj.F/^t- diliionsm : This fhcwes the Kings 
 Jo. ^'•7''^' power in Ecclcfiafticall Cayfcs. 
 
The Lands ot the King is called 
 in Law Patrimonium facrum : The C*** 
 Houfes /hould not have raedled with ^iftiSeH.^^ 
 thatfacred Patrimony. 
 
 The King hath no Pcere in his 
 Land, and cannot be judged :Ergo l'^^' 3'»^ 
 the two Houfes are not above him . 
 
 The Parliament i $. Ed. 5. was re- 
 pealed , for that it was againft the 
 Kings Lawes and Prerogative, ^.part. 
 Inftit. fol. ^2. This fhcws clearly the 
 Propofitions fcnt to NewcalHe , 
 ought not to have been prefentcd to 
 his Majefty, for that they are contra- 
 ry to the Lawes and his Prerogative. 
 
 The Lords and Commons cannot 
 aflent in Parliament to any thing that 4 ^'^^ 
 tends to the dfinherifion of the King ^f^'^^'^' 
 and his Crcvn, to which they are 
 fworn : This condemnes the faid 
 Propofitions jlikewifc. 
 
 To depofe the King, toimpcifonn ,• 
 hiim untill he afftnt to certain de- Rol.num""7 
 n>ands, a warre to alter the Rcligi- Rex & ce^^ 
 on eftahliHied by Law, ot any other A-^*'^'' 
 ^ Law, or to remove Co#ncel)otirs, to '^*'"^«"- j- 
 hold a Caftle or Fort ngainft the 
 King, are offences againft that Law 
 declared to be trcafon by the refohi- 
 'lons herein after mentioned J by that ' 
 Xiw men are bound to aid the King ■ 
 w^en warre is- levied againft him in 
 
 his 
 
*5 eii,t,2. His 'Realm. Xing in this Statute muft 
 be intended in his natural body and 
 perfon,that oncly can diejfor tocom- 
 paffe his deaffi , and declare it by o- 
 vcrt Ad, is declared thereby treafon ; 
 to encounter iH fight fuch as come to 
 aid the King in his Wars , is irea- 
 fon. 
 
 Compaflingof the (Queens death, 
 of the Kings Eldeft Son , To'coin 
 his a»oncy,To counterfeit bis Great- 
 JScal, To levie War againft him , To 
 adhere to fuch as <h ill fo dp , are de- 
 clared by that Ad to be high-treafon^ 
 Thf« Statute cannot refer to the 
 King in his politick capacity, but to 
 his natural, which is infeparablc 
 from the politick : for a body politick 
 
 jxi'$4.4,Hi, can have neither Wife, nor Childe, 
 nor levie War , nor do any ad but 
 by the operation of the natural bo- 
 dy. A Corporation or body politick 
 hath no foul or life , but is a fidion 
 of the Lawjand the Statute meant not 
 fiftitioH^perfons , but the b&dy na- 
 tural , coHPbyned with the politick, 
 ■which are infeparablc. 
 
 The claufe in that Ad , That no 
 man fliould fuc for grace or pardon 
 for any offence condemned^or forfei- 
 
 i.a, 1 1 4W)» ture given by that Ad , was repealed 
 • by a fubfequent Ad in 2 1 2. hoi • 
 
 den 
 
C*3) 
 
 den Unreafonablt, without etample , 
 
 and agaiirft the Law and cuftomc of 
 
 the Parliament. This condemnes the 
 
 Propofition for difabling the King to 
 
 Pardon. 4. Pan hiftit fol. 42. The Aft ^ 'paninfi- 
 
 cfli.R.2. fo much urged by the c-/«/.4a. 
 
 ther fide, was an Aft to which the 
 
 King cbnfentcc^,nnd fo a perfcft Aft .^A^i 
 
 yet Note the Army then about the 
 
 To*rne: Note that that Law isa~ 
 
 gainft private perfons, and by the 3. 
 
 cflp.thcrofjthe treafons there dec4ared, 
 
 are declared to be new trea(ons made 
 
 by that Aft, and not to be diawn to 
 
 example : it was abrogated 2 1 . R. 2. 
 
 and revived by an ufurper 1 H.4. to 
 
 pleafe the people, and by the tenth 
 
 chap.thereofenafts that nothing fhill \ 
 
 be treafon but what is declared by 
 
 The Regality of the Crowne of ^i/j.^^ 
 Engldtidy is immediately fubjeft to ' 
 God,and to none other.Plain words, 
 fkcwing where the fupr cam power 
 is. ^9 
 
 The Commiffion m Array is in 
 force,and no other Commiffion, Rot. 
 Parlm. H. ^. mimb.24. zn Adnot 
 printed: this Aft was repealed by 4. 
 and 5. P. M. cap. 2. this rcpeakd 
 by the Aft of 1. Jacobi, and fo it is 
 of foyce at this day, for the repealing 
 
 Statute 
 
Statute is repealed 4. pars Inpmt, fol, 
 ji.^ 12$. publi/Kcd fithence this 
 Parliament, by the defirc ofthchoufe 
 of Commons, their Order is printed 
 in the laft leaf of the commentaries 
 i\f on Magna Cham. 
 A book al- Sir Edmrd Cook^by their party i$ 
 lowed bv^ holdenfor the Oracle of the I^aw, 
 * if^^* who wrote the faid fourth part, in a 
 
 war feU 5. when there was no need to defend 
 the authority of the Commiflion of 
 Array. 
 
 For that objeftion,that that Com- 
 miffion leaves power to the Commif- 
 fioncrs to tax men fecmdum facultates, 
 and'fo make all mens eftates Arbitra- 
 ry: theanfwcris, that in levying of 
 ' publick aids upon mens goods and 
 eftaces, which are variable, and pro- 
 bably, cannot be certainly known by 
 any but the owners, it is impoffibic 
 to avoid diferetion in the afleifements 
 for fo it ever was, and ever will bee. 
 By this appears that the Votes of the 
 two Houfes i|aiuft the Commiflion 
 of Array, were againft the Law. 
 5, The death of the King diifolves 
 
 the Parliament, if Kings fhoisld re- 
 iU. J. ferrc to the politick capacity it would 
 4 ./'rfrjjn/?»'r. continue afcer his death, j^^pars Ipji. 
 4^. 4<5'. wliich pcoves ihat the King can- 
 
 can 
 
not be faid to be there when fie is' 
 abfcnt, as now he is : there is no rater- 
 regnumia the Kingdomci the diffolu- 
 tion of the Parliament by his death, 
 fhewes that the. beginning and end 
 thereof referres to the natnrall perfon 
 of the King, and therefore he may 
 lawfuHy refufc the Propofitions. 4^ 
 
 2 H. $.Chap. 6. to the King onelv 
 It belongs to makeLeagues with For- 
 raigne Princesrthis fhews where the 
 Wanvpower is, and to whom the 
 Militia belongs. 
 
 S-H.6.mmb.S7.Bott. Fail. Cookes 
 j.pars infttt.2S . No privilcdge of Par- 
 lament is grantable for trelfon , fe- 
 lony or breach of the peace 5 if not 
 to any one Member, not to two, not 
 to ten, not to the Major part, rp. H: 
 6 62 The Lavy is the inheritance of 
 the King and his people by whieh - 
 
 theyareruIed, King and people; And 
 the people are by the Law bound to 
 aid the King, and the K.ng hath an 
 inheritance to hold Pari^Aents, and 
 in the aids granted by tTe Common, 
 alty- If the Major part of a Parlij- 
 ment commie treafon, they muft not 
 be Judges of it, for no man or body, 
 can be judge in his own caufe, and 
 afwel as ten opany nnmber may com- 
 
 ^'^^^^ """^^'^ 
 
 The 
 
The King by his Lettters patents 
 l-l*/* ' ^' conftitacc a County pal«inc,and 
 grant Rcgall rights: this ihews where 
 the fuprcam power is. 
 p 17. £ci 4. Rot.Parl. mmk 
 
 privikdge of Parliament is grantable 
 for treaf OB, felony or breach of the 
 peace, if not for one, not for two, w 
 jnorc, or a major part. 
 
 The fame perions muft not bee 
 Judge and pmy.A corporate body can 
 Calvint Caft commit no treafon, nor can treafoa 
 j^/>4w^/. committed againft a corporate 
 * * body, 21. Ed. 4. 13. and 14. but the 
 peafons of the men who make that 
 body, may commit treafon, and com- 
 mit it againft the naturall perfon of 
 him who to fome pnrpofes is a body 
 corporate , but ^mtenui corporate no 
 treafon can be committed by or a- 
 gainft fuchabody; that body hath 
 no foul, no life, and fabfifts onely by 
 the fiftion of the Law, and for that 
 reafonthe Law doth conclu-dc as a- 
 forcfaidicHlr^ore the Statute of 25, 
 E. 3. muft oe intended of the Kings 
 TUyfcim. naturall perfon, conjoyncd with the 
 politick, which arc infeparablej and 
 the Kings naturall perfon being at 
 Holmby, his politique is there alfo, 
 and not at Weilminfter ; for the poli- 
 tique and natur ail make o-nebodyin- 
 divifible. ^ "" " 
 
If all tie people of England {htiM fj, ed^ 45 
 break the League miadc with a for- 22£«^v.4. 
 . raign Prin< c, withoHt the Kings con- ^'-^i- y*"^' 
 fenctht League holds,and is not bro- '"^ 
 ken J and therefore the reprefcntative 
 body is inferioiir to his Majefties. 
 
 The King may creft a CoHrt of 
 Common- Pleas in what part of the 
 Kingdom he pleafeth, by his Letters- 
 Patents : Can the two Houfes do the 
 like ? 
 
 I Edw.s.fol. 2. It cannot be faid - 
 that the King doth wrong , declared 4 s^J'^i y 
 by all the Judges and Sergeants at 5£<^».4.2f>. 
 Law then there. 
 
 The reafon i$,nothing can be done 
 in this Ch«imon- wealth by the 
 Kings grant, or any other ad of his, 
 as to the Suhjeas Perfons , Goods, 
 Lands or Liberties , butinuft b ac- 
 cotding to eflabliflicd Laws , which 
 the Judges are fworn to obfcrve and 
 deliver between the Kmg and bis 
 people impartially to rich and peer, 
 high and Io*e ; atid ihe^fcre iht 
 Juftices and the Min.ftc#oT Juftice * 
 are to be queftioned and punilh d if 
 the Laws be violated : ard no re- 
 flexion to be maJe on the King. All 
 Counfillors and Judges for a ycer 
 and three moneths, until the tumilts 
 began, this Parliament, were all left 
 
 to 
 
to the ordinary courfc of Juftice, 
 what hath been done fithence i$ noto* 
 rious. 
 
 For great Caufes and confideratH 
 ons an Aft of Parliament was made 
 for the furctie of the faid Kings pcr- 
 fon: if a Parliament were fo tender of 
 King Rich, the 3. theHoufes have 
 greater reafon to care for the ptefern 
 vation of his Mijeftie. 
 
 The'SLibjefts are bound by their. 
 Allegiance to ferve the King, for the 
 time being, againft every Rebellion, 
 power and might reared againft him' 
 within this Land, that it is againft all 
 Luwes, reafon and good confcience, 
 if the King ftiould happen to be van- 
 quifhed.that for the faid deed and 
 true dutie and allegiance they fhould 
 fufFer in any thing ; it is, ordained 
 they lliould not } and all. Afts of 
 proceffe of Law hereafter tobe made 
 to the contrary are to 6e void ; This 
 Law is to be underftood of the natu. 
 ral perfon of thcKing,for his politick 
 capacity Ar^t be vanquifhcd, nor 
 war reared againft it. 
 
 Relapfers are to have no benefit of 
 this Ad. 
 
 It is no Statute, if the Ktngaflent 
 not to it and he may difaiTent ; this 
 proves the negative voice. 
 
 The 
 
The King tath lull power in all ,4,^? g 
 caufes to do jiiftice to all men; this is 35*i/.g.c/ji, 
 affirmed of the King, and not of the 
 two Houfes. 
 
 The Commons in Parliament acr 
 knowledge no fuperiour to the King 
 lender God,the Houfes of Commons 
 confeffe the King to be above the re- 
 prefentative Bodie of the Realmc. 
 
 Of good right and equitie the iZf ^'''^^ 
 whole and fole power of pardoning 
 treafons, felonies, (^c. belong to the 
 King, as alfo td make all Jiiftices of 
 Oyre and terminer. Judges, Juftices of. 
 the peace, e^rc This Law condemnts 
 the praaice of both Houfes at this 
 time. 
 
 The Kings Royal Affent to any 
 Aft of Parliament figned with his 
 hand, expreffed in his Letters patents 
 under the great Seal, and declared to 
 the Lords and Commons fliall beas j3.ja.fi>. 
 elFedual, as if he affiented in his cwn »»• 
 Perfon j a vain Aft if the King,be 
 virtually in ifae Houfes. 
 
 The King is the Head «)^lftParlia- . 
 mentjthe Lords the principal mem. ^-^ 
 bersof the Bodie, the Commons the 8/5^^0, 
 inferiour members, and fo the Bodie 
 is compofed, therefore there is eo \ ' ■ - 
 more Parliament without a King, 
 thsn there is a Bodie without a Head. 
 
 There 
 
(i6j 
 
 i H i foh '^^^^^ ^ Corporation by the 
 »>4 • Coj^nion Iav¥, as the King, Lords, 
 3nd Commons, are a corporation in ■ 
 Parliament, and therefore they arc 
 n.3 body without the King. 
 j4 H. J. 48. The death of the King difchargeth 
 1 Edv./^.t. all Mainprife to appear in any Court, 
 
 ^ or to keep the Peace. 
 a fl*8. The d-eath of the King difconti- 
 1 H.7.10. nues all Pleas by the Common-law, 
 i£(/w.5.i, which agreeth not with the virtual 
 
 power infifted upon now. 
 gdff 6. Writs nre difcontinaed by the death 
 
 i€<h.6,i.y, of the King ; Patents Judges, 
 Commiffion for Juftices of the 
 Peace, Sheriffs, Efcheators, determi- 
 ned by his death ; Where is the vir- 
 tual power i 
 All authority and jurifdiftion fpi-- 
 t £df».et,2. temporal, is derived from 
 
 ' ' * the King, therefore none from the 
 • Houfes. 
 
 jjjEitf.c.a. His Majeflies Subjefts, according 
 It He.-^.t. I, to their boundcn duties, OHght to 
 falvins cafe, ferye thfliJQng in his Wars, on this 
 %aJk" fide or beyMd the Seas : beyond the 
 I Seas , is to be underftood for wigcs. 
 
 6^. ^''^^ This proves the power of Wars, and 
 
 preparation for War, to be in the 
 
 king. 
 
 5^ SJ.e,i 1 • is moft neceflary both for com- 
 mon policy, and duty of the Swbjeft, 
 
 to, 
 
(21) 
 
 to reftrain all manner of {hameful 
 flinders againft their King , which 
 when they be heard, cannot but be o- 
 <5ible to his true and laying fubjeds, 
 upon whom dcpendeth the whole uni- 
 ty and univerfal weal qf the Realm. 
 This condemns their continaing of 
 the weekly Pamphlets , which have ^ 
 been fo foul moijihcd againft his Ma- * 
 jefty. 
 
 The pnni/hment of all offenders cvvlfoy/ 
 againft the Laws, belongs to the iMar.Pi.*. 
 King : and all Jurifdiftions do, and 
 of right ought to belong to the King. 
 This leaves all to his Majcfty. 
 
 All Commiffions to levie men 4, j f. a, 
 for the war,tfre awarded by the King : f.$ . 
 The power of war onely belongs 10 
 the King. ' , ' , 
 
 It belongs to the King to defend q^eui, 
 his people, and to provide Arms and io£/«^. ^ 
 Force. No fpeecjiof the two Hoi - 3 '5* 
 fes. 
 
 Reyadfolegovernmmdefesfubje^s. pi^^ ^^^ -] 
 Ct>rps natHrail leRey fy" politique^nt uti 241. aij. 
 corps. Thatis,Thc King haWi the fole cahimcafi 
 government of his Subjefts. The bo- TP'^'f^tt* 
 dy politick and the natural body of J^'^"'*^' 
 the King, make one body,and not di- 
 'vers , and infeparable and indivi- 
 fiWc. 
 
 The body natoril and pQlitick 
 
 make 
 
(22) 
 
 P/*».?j4> ^^^^ onebodv, and are not to be fc- 
 243. 21. J. vereti : Ligeancc is due to the natu- 
 C»ivm e*fi. body, and is due dy nature, Gods ' 
 VB^fUo' .» 2« ^^yj^ mans Layr, cannot be for- 
 feited nor renounced:by any mcanes, 
 it is infeparabic from the perfon. 
 Every Member of the Houfc of 
 • • Commons,at every Parliament takes 
 a corporall Oath : That the King is 
 I Eli^.eap.i (ije fupream and on«iy Governour in 
 S/rfwrx all caufes in all his Dominions, o- 
 foLu ' thcrwife he is no Member of that 
 Houfej the words of the Law arc, 
 in all caufcs over all perfons. 
 
 Thc-faid Adof I E/;:^. is but de- 
 clarative of the ancient Law, CaKP" 
 dries Cik ibid. 
 
 The Earl of Elfex, and others, 
 men to re- 
 
 4, 2, move Councellorf, adjudged Trca- 
 fon by all the Judges of England. 
 eiil-Ril To depofc the King,or take him by 
 z lae$l>i Hid, (oTcc, to imptifon kim untill he hath 
 yielded to certain demands, adjud^ 
 gedlrc^jn, and adjudged accord-; 
 ingly in the Lord Cobhams Cafe. 
 l^.SdtBrad. Arifing to alter Religion cftabli/k- 
 eafef»l 9'&, jd. Of any Law is Treafonj fo foe 
 JhciuLc* taking of the Kings Caftles, Forts, 
 of HHglaadi Ports or fiiipping, Sroo^Trcafon 2,4- 
 iiid.10. eU(_ }. and 4. Vhilip and Mtiry^ Dier.Smf' 
 Fl»w.ii6. fords Cafe concerning Scarbtrmgh, 
 
 The 
 
Tfae Law makes not the fervanr 
 gr^f^et then t6c Mailer, northefub- . 
 
 ^^^^^^^^ ^ 
 
 4u T ^^"^^^ meafure. 
 iir not known but by ^s- ^ 
 
 «ufly known. ^ ^ 
 
 ye doe upon the knees of our hearts oeL rl 
 ^n^e conftant Faith, LoyaU; nd 
 ^ P.n -'^ ^ ^ ^'"g and his Roy- 
 
 liamcnt, where all the body of the 
 Reala, is either in pcrfon, or by 1' 
 prefentation : we do acknowledge 
 
 fted by the King, And do recognise, 
 bound by the Law of God 
 and Man the Realm of England 
 
 dll^ 1 ^""P'T" thereof 
 doth belong to him by inherent birth 
 
 futllr"'''^ ^'.ff^ andit^fToubted 
 fucccffion, and fubmit our felves and 
 oar pofteritics for ever.untill the laft 
 
 tf^r °"[ ^P^nt,to his rule 
 
 and befeech the King to accept the 
 fame as the firft fruits of our Loyalty ^ 
 and faith to his Majefiy and his po- 
 
 not 
 
(M) 
 
 not complcat nor perfcd without ha 
 Ma jefties alfent , the fame is huaibly 
 dcfired. This proves that the Houfes . 
 arc not above the King ; that Kings 
 have not their titles to the Crown by 
 the two Hoj-ifes , but by inherent 
 birth-right j and that there can be no 
 ^ Statute without his expreffe affcnt j 
 * and deftroys the cfcw<f<i of the Kings 
 virtual being in the Houfes. 
 t Ue. edp. 4. promife obedience to the Pope, 
 I3 eiil.e. I ' or any other State , Prince or Poten- 
 tate, other then the King , his Heirs 
 and Succeffors, is treafon 5 and there-- 
 Tore thofc pcrfons who call theHoufes 
 K rharbi' the Eflates, ofFend this Law. 
 CtoUeftton' Such Bills a$ his Majefty is bound 
 of Ordinan- in confcience and jaftice to pafle, are 
 ces,/«/. 727. jjjo i^^yf without his affcnt. 
 
 •t r 7 To defiane the ruine of the Kings 
 718. pctfon , or of Monarchy , is a mon- 
 
 ftroi;sand injurious charge. 
 IM fil. S^S' Vhl Lex non dijUngm^ non efi difiin- 
 guendum : all the aforefaid Afts and 
 Laws evidently prove the Mili- 
 tia to belo^ to the King : Ttiat the 
 King is not virtually in the two Hou- 
 fes: That the King is not confiderablc 
 fepararely-in relation to his Politick 
 capacity: That the King is not a per- 
 fon truftcd with a power jbut that it is 
 bis inherent Birtb,tight from God, 
 
 Nature, 
 
(^5) 
 
 Nature, andLav^, and that he hath 
 not his power from the people: Thefe 
 
 • Laws have none of thofe diftindli- 
 onsof nacurall and politick, abftra' 
 Hum concretum, power andperfon :.. 
 in Cefars time this Ifland had Kings, 
 and ever (mce, which is almoft 1700 
 
 yeers agoc. 
 
 No K^ng can be named , in any 
 time made in this Kingdom by the 
 
 • people J A Parliament never made 
 ^jng , for they were Kings before : 
 the Parliaments are fummoned by 
 the Kings Writs, which for Knights, 
 Citizens and BargefTes begins thus. 
 
 Rex Vic. Wilt s.f4utem,^U 
 Net eie avif amenta ^ ajf »fu 
 Confilii mjiri fro ^mbuf. ardtiis 
 
 urgentib, negotHs Nos ^atum 
 ^ d^enfionem Regni n'ri Afjg. 
 <fr Ecclef, Anglic, concernenti' 
 bus qmdciam fafUafnentugf m- 
 flru apud B. temri orditMvtmmy 
 ^ ibid.cunt FraUtis ,Magnatib. 
 ^ Procenhm difii Regni mfiri 
 . Qoll^aiim hajbirA tr/aBatftrnt 
 fibi preecipimtis jirmiter injuti' 
 qendo efd, faBti ProcUmationein 
 
pfax.Comtatfi tHo po(l recepth- 
 nem e'^ufd. Brevity dms MiUtet 
 gladiis cinBos, &c. eligi faci<t/s'y 
 .^^.Tn/H4 ad faciendum & confentiendHm 
 241. Kits qua tnnc tmdem de Qjommni 
 Concilia n'ro AngLfavente Deo^X 
 %4» . contigerit ordinariJuperNegotius 
 antediBii, itaqmd pro defeBa 
 potefiatfs bujufmodiffitf propter 
 improvidam eleBionem Milium, ' 
 Civiftm^ & Burgenfmm pr(zd, \ 
 JiBa negotio r'fa^ tnfeBa non rt- \ 
 
 manerent* ' 
 4 ><irr lnfii$. The King is princ7pium,caput,(^ fi- 
 {s/.j «jr4. „}f Parliamenti, the body makes not 
 the head, nor that which is pofleriort 
 that which is prior , conftliam non tft 
 Tr^cepmniCmfiliariinon fuvt Prtucepte, 
 re/jfor Coiinfel to compell a confent, 
 . hath not been heard of to this time 
 in any age 5 and the Houfe of Com- 
 moi^ bv the Writ, are not called ad 
 impmirm ^he Writs to the twelve | 
 Judges, Kings Councellj twelve Ma- 1 
 iters of the Chancery are confiliwn im- 
 penfurif and fo of the Peers. The 
 Writs for the GomminaIty,/#^i/<icien- 
 dum cenfeniien^um : Which (hews 
 what power the reprcfentative Body 
 
 hath , 
 
bxth J they have not power toVive an 
 Oiithj neither do they claim ir*^ 
 
 The King at all times when there T**'^^ 
 is no Parliament, and in Parliament ',gof£.?T 
 is aflirted with the advice of the Jud- laong Sta- 
 ges of the Law, izin number, for tutesofthat 
 England at lealt hath two Sergeants y^*^' 
 jivhen feweft ; an Atturney and Soli- 
 citour, twelve Maftcrs of the Chan- • 
 eery, his Coimcell of State condfting 
 of fomc great Prelates, and other 
 ^reat Perlonages, verfed in State af- 
 fairs, when they are feweft to the 
 number of twelve. All thefe pcrfons 
 ' are alwaycs of ^reat fubftance, which 
 is not preferved, but by the keeping 
 of the Law j The Prelates verfed itx 
 divine Law , the other Grandees in 
 affairs of State , and managery of 
 Government j The Judges, Kings 
 •Serjeants, Attourney, Solicitor, and 
 Mafters oi the Chancery verfed in 
 the Law and Cuftoms of the Realm ; 
 AH fworn to ferve the King and his 
 people juftly and truly : Th^Cing is 
 alfo fworn to obferve thfl§LTws, and 
 the Judges have in their Oath a 
 claufe, that they (liall do common 
 right to the Kings people, according 
 to the ellablifhed Lawes, notwith- 
 ftanding any command of the King 
 to the contrary, under the great Seal, 
 C z or 
 
oj: otherwlfe, the pedple are fafe by 
 the Laws in force, without any new : 
 The Law finding the Kings of thij • 
 Realm affiftcd with fo many great i 
 men of Confcience, Honour, and ' 
 skill in the rule of Common-wealth, 
 knowledge of the Lawes, and bound * 
 by the high and holy bond of an 
 Oath upon the Evangelifts, fettles a.- 
 mong other powers upon the King, 
 a power to refufe any Bill agreed up- 
 on by both Houfcs , and power to 
 pardon all offences , to paffe any 
 grants in his Minority, (there ar6 
 many great perfons living hold many 
 t thoufand pound a yeer by Patents { 
 flora Edvr. the Sixth, pafl'ed when h(^ j 
 was but ten yeers of age) not to be 
 boimd to any Law to his prejudice, 
 whereby he doth not binde himfelf, 
 
 Sower ofWar and Peace, coynirig^of 
 lonyj making all Officers,&c. The 
 Law, for the reafons aforefaid, hath j 
 approved thefe powers to be unque- ' 
 ^fionabijpn the King, and all Kings 
 have enjoy* them til 3 . N ev, 1 640. J 
 ■ It will De faid,notwithftandingaII ' 
 Ais fence about the Laws, the Laws 
 have been violated, and therefore the 
 (aid powers mittt not hold : the two 
 Houfcs will remedy this. 
 ;^^Thc anfwev to this is -cvrdtitr r 
 ' - • ^ There •, 
 
There is no time paft, nor time pre- 
 feiUj nor will there be time to come, 
 . To long as men mannawe the Law y ' 
 but the Laws will be broken more 
 or leffc;, as appears by the ftory of e- 
 very age. All the pretended violations 
 of this time were remedied by Acis 
 to which the King confented before 
 his departure, lO.Jav, 1641. being ♦ 
 then driven away by Tumults : And 
 the Houfes for a yeer and almoil 
 three months , from 3 Hov. 1640^' 
 to 10 yon. 164 1, asafoiefaidjbeinga 
 ycer and almolt three months, had 
 lime and liberty to queftion ail thofe 
 pevfons who were either caufes or in- 
 ftruments of the violation of any of 
 the Laws. 
 
 Examine how both Houfes reme- 
 died them in former times. Firft^ 
 touching Religion j What hath been 
 (dooe this way ? Both Houfes in Hfn^ 
 ry the Eighth's time tendered to him 
 ^ Bill to be paffed, called commonly 
 ihe Bill of the Six Articles ^lis was 
 conceived by them to be^ and a 
 Aeceffary Bill : Had not Henry the 
 Ecehth done well to have refufcd tht 
 palling of this Bill ? Both Houfes 
 tendered a Bill to him to take the rea- 
 ding of the Scriptures from moft of 
 the Laity : Had not King Henry the 
 C ? Eighth 
 
Eighth defcrvedfliuch pratfe to rcjeft 
 this Bii In Queen Mary's time both 
 Houfes exhibited a Bill to her to in- 
 troduce the Popes power and the Ro- 
 man Reliigion 3 had not Queen Mary- 
 done welfto have rebfed this Bill ? 
 Many fuch inltances may be given. 
 Tiie two Houfes now at fVefiminfterl 
 am fure will hot deny but the refufall 
 of fuchBils had been juft, the King 
 bein^ affifted as aforefaid : and why 
 not io in thefe times ? 
 
 For the Civil Government,>what 
 a Bill did both Houfes prefent to 
 Jikfwd the third, to make good his 
 Title to the Crowne ? had it not 
 been great honour to him to have 
 rejedcd it ? What Bib were exhibi- 
 ted to the Eighth by both Hou- 
 fes for baftardizing of his I>aughter 
 Etj:^abeth, a Quecii of renowned me- 
 mory, to fcttl'e the Crown of this 
 Realme for default of IlTue of his 
 body, upon fuch perfons'as he fliould 
 declard^ his Letters Patents, or his 
 , laft wiuTa^ many more of the like ? 
 had not this refuiall of paffing fuch 
 Bils magnified his vertue, and rende- 
 red hini" to pofterity in a different 
 Character from what he n-ow hath ? 
 
 Andby the experience of all times 
 3:«I the confideration of humaiic 
 ■ ' frailty, 
 
frailty, this conclufion is'manifeftly 
 deducedjtlut it is not pollltle to keep' 
 .men at all times (be they t!ic Houfes, 
 or the King and his Coimcell) biit 
 thete will be rometimes fome cievil-' 
 tion from the Lawes j and therefore 
 the conftant and certain powers fixed 
 by the ancient Law mull not be made 
 void ; and the Kings Minilters the 
 taws do punift where the Law is 
 tranfgrefled, and they oucly ought t& 
 fiifter for the fame. 
 
 In this Parliament the Houfes ex- 
 hibited a Bill to take away the fufFra- 
 ^es of Billiops in the upper Houfe of 
 'Parlianientj and have iithencc agreed 
 there fhallbc no more Billiops at ail, 
 might not the King if he had fo plea- 
 fed have anfwered this Bill with Le 
 Keys avtfera, or neveult ? it was a- 
 gainft Magna Cham./irtjculi tVer7,and 
 ^ many other Ads of P^liament.And 
 
 • might have farther given thefe rea- 
 fons, if it had fo pleafed .him for the 
 
 ^jfame : Firft, that this Bill deftroyes 
 
 • the Writ whereby they ^-^hade two 
 Houfes of Parliament, 14. He«. 7. 
 fol.z2. EviCq; efi fignior de grand hon- 
 neur. the King in the Writ being cum 
 Tr&latif colkqnium habere : Secondly, 
 they have been in all Parliaments 
 
 • fihccwc had'any, and voted, but in. 
 
 , . C 4 fuch 
 
lach wherein they themrdvcs were 
 concerned ; And there have been K-' 
 fliops here fithencewe were Chrifti-, 
 ansjand the Fundamental Law of the: 
 Kingdom approves of them : If any ; 
 of them were conceived offenlive, " 
 they were left to juftice,andhisMa- - 
 ;efty would put in inoffenfive men 
 in their places j but fithence his Ma- 
 jefty hath pafled the Bill for taking a- 
 way their Votes in Parliament, it ifr - 
 ikl(j>»' that binds us fo far. 
 
 Upon the whole matter, theLatv 
 hath notably determined that Bika- 
 reedbyboth HoiiTes, pretended to i 
 e for the publick goodjare to be jud- 
 ged by the King j for in all Kings 
 reigns Bils have been preferred by 
 both Houfes, which always are pre- 
 tended to be for the publick goodjand 
 many times are not, and were rejeft- 
 ed v/ith Key' J avifire.ov Roy neveulr. , 
 This Parliament began the j of 
 Novemb 1640 .-before that time in al| ■. 
 the Kings reign no armed power did - 
 force anffcflthe people to d(f anji 
 thing againJTthe Law j .what was - 
 doncswas by his Judges,pfjicers,Rc- 
 feres and Minifters j fromthattime 
 until the tenth oiJan.i6^-i^ whcn thc 
 King went from London to avoid the 
 danger of. (fec^ue^it tumaltij, jb.eing_ a 
 /\ yeer 
 
I yeer and three months, Piivie eolift- 
 leUorSjand ail his Jidlices and Mini* 
 
 .fters were left to the jiiftice .of the 
 Law;theic wanted not time to punilh 
 pnniiliable men. 
 
 The Sphere of the Hoiife of Com- 
 mons is CO reprefeat the grievances of 
 the Country, to grant aids for the 
 King upon all fit occafions extraor- 
 diitary, to affent to the malting or ab- 
 rogating of Laws : The O.b of the 
 Houfe of Lords to reform ei roiieotis 
 judgments given in the Kings Bench, 
 to redreflTe the delays juf Courts of 
 Juftice,to receive all Pctiti©ns,to ad- 
 Vife his Majcfty with their covmkili 
 to have their Votes in maktt^ or afe* 
 Fogating of Laws, and to propofe f<^ . 
 the comrhon good^ what thit^ con^ ~ 
 ceiv« meet. 
 
 Lex ma c$gH ad mpojfibjlia,SvLhfc&&^ 
 are not to expeft irom Kings impof^, 
 fihl; things j fo many Jiidges,Cou«- - 
 fclJotirs, Sheriffs , Juftices'of rhe 
 Peace, Commiflioners, Minifiers df . 
 State, that tfit King riioul^om-loofc ; 
 them al], cannot be^it is impolfible. , 
 
 The King isvirtuaUy in htsoi- 
 diftary Courts of Jtiftice, fo 4ong a^ 
 they continue' his Courts : , their-; 
 ch:^ge i< toadmiiiifter the Laws ia 
 b«in^3 and not to delay, defer, of/ 
 
fell juftice for aay Commandcment 
 of the King. Wee have Lawes e- 
 floughj Inftrumenta bonifoecKlifunt boni . . 
 virii goodMiniftcrs, asjudgesjaixl. 
 Officers, are many times wanting !}{ 
 the Houfes propofe new LawSjOr ab-, 
 rogation of the o-ld, both induce no* 
 i^eity > the Law for the reafons af ore-> 
 faid, makes the King the only JudgjCj 
 who is afliftcd therein by a greai 
 number of gravc,learned and prudew 
 sncn as aforcfaid. ; u 
 
 For the confidfrations aforcrai4 
 the Kings Party adhered to him, the 
 Law of the Land is their Birth-ri^hh 
 their Guide 5 no offence is confimitted 
 where that is not violated : they 
 found the CommifGon of Arraji wai- 
 ranted by the Law j they found the 
 King in this Parliament to have c^it" 
 t,td the Ship-money, l^nigbtboed-monej, 
 fiten Courts tf Jufiice, confcnted toi a 
 Triinniall Parliament, fettled the For- 
 refi bomdSy took away the C/w^ of 
 the Marht of the HouiTiold, trufted 
 the HOTfa^ith the Navy, paifedaji 
 All not to d'lffolve thii Parlidmtttt 
 without the Houfes aflent j no peo- 
 ple in the world fo free, if they could 
 have been content with Laws, Oaths, 
 andReaCon : andnothing more could 
 br canbe deyifcd to fec^-e us, nei- 
 ' thcv 
 
(55) 
 
 i ther hath been ia^aiiy time. 
 
 "Notwithftanding all thisjwe found ■ 
 the King driven from London by fre-," 
 
 f .qtient tumults, that two thirds and 
 more of the Lords had defertedthat 
 Houfe for the fame caufe , and the 
 greater part of the Houfe of Com- 
 
 I mons left that Houfe alfo for the 
 fame rcafon y new men chofen in 
 
 f tfeeir places againftldflc by the pre- • 0 
 tended Warrant of a counterfeit Seal, 
 and. in the Kings name againft his 
 conilent, kvying Warre againft him, 
 and fciiing his Ports, Forts, Ma- 
 gazines a'nd iRevenue, and convert- . 
 fijg them to his dcftru^lion, and 
 the fubverfion of the Law and 
 Land, laying Taxes on the people, 
 never heard of before in this Land-^ . 
 devifed new Oaths tQ oppofe Forces 
 raifed by the King, nor to adhere to 
 Km, but to them in this War 5 which 
 
 ; *lhey call the ATe^dwe 04'*, and the 
 "l^oiff' and Covenant. 
 
 - t' By feverall wayes never wfed in 
 i^is Kingdom they have raiftd mc- 
 ;5Bies to foment this War^,fffid cfpe- 
 ^iiaUyto enrich fome. among them; 
 "ftamcly, firftj'Exfire i fecondly^Ce/H 
 iributionj 3 thirdly,' Se^ueftrtthn( 
 foiuthly. Fifth parts 5 fifthly, t^ett^ 
 fifth farts $ fixthly, Meal-menei ', 
 
 fcyenifh- 
 
kventUy, Sale of plundered ^oodn 
 eighthly, Loofies j ninthly, Bme^b- 
 lenses; tenthly, Cotfelfiensupcn their 
 fajl dayes j eleventhly, Hew iHtpdr' 
 jttions upon Merchandises 5 twellfth- 
 ly, Guards mamahed upon the char^i 
 of private men j thirteenthly, IPjft) 
 Shbfidies at one time j foufteenthly, 
 Cmpofit'ms with fuch as they call^ 
 Delinquents 5 fifteemhly, ^-d/e «/"£:?i 
 Jhops Lands, Stc. > j. 
 j.jf.3.e</>,3. from the Kings ?arty means of 
 'Srttff. . c. fubfiltcnce are taken 3 before any in- 
 f f-;;-^^^^ didmsnt, their lands feifee^ their 
 Vlee'tZeds^ goods taken ; th{: Law allows a Trai* 
 Calc ^.pars tpiir or Felon attairited ntceffariafibi 
 fM<7. /f»4. & familU fu^ in ii^n ^ t/ejihu i 
 Ufi Itaft. ^herc is the Covenant ? where is th6 
 petition of Rkht ? .Where is tht 
 Liberty of the Siibjcft ? 
 
 Fii ft, wee bav6 aided the King ii» 
 this ]War contrary to the Negative' 
 Oath, and other Votes: Our war- 
 rant is the twenty fifth of Edmrdtht 
 third, the fecond Chapter, and the. 
 4.f4ri lu^it. ^^'^^ reffl^cj^s of all the Judges, 
 11$ iiiift. Se^ondl^we have nvaintained-th^': 
 696. The Comniiillon af ylrray by the Kings 
 Isv/.fo at tbc command, contrary to their Votes 2 
 tha?«ook. warranted by the Statute o^ 
 
 ^ tten and 
 
 the fifth of Henry the fourth, and the 
 Cr»»kt judgement of Sjr Bdmrd, Cook, th< 
 
 Oracle 
 
Oracli of tile Law, as they calllttfli^ 
 Thh-cfljr, wemaimaiited >4rtr*-Bji- 
 Jhops tnd Bifljopxy whdm they wouW 
 fuppreffe. Our warrant is Mdg- 
 m Cham , anc! many Statmes 
 rtiOrt. ^ 
 |ourrhly, Wte havfeftaiiitnliied 
 tfte Book of Cotftmon Prajtt i thty 
 totefTc It : Our iVati^m fi^ 
 Afts of t>arllamtnt ijj Edn^ard the 
 {fxrh artd queen Elizabeths t'mty'^ 
 Fefchd 3$, Elizabeth inter phcita Co* 
 mi in Banco Kegis^'Hty/ Book of £n- 
 triei, ftf/. 2 5i. F?n/>, %v ptifcliftifiig 
 tWb Icahclalous Libels agaiiift the 
 Cfiitrch-GoVernmentj was iiKiifted, 
 arr5lgrted,atta!rttedj and executed at 
 Tyburii. 
 
 Fifthly, We maimaifteiifet Mir 
 Bth ofthfe Ifingtfem bebngto the 
 1^7>^j theythe contrary : Oar war- 
 rant k the StafQtc of the fevcrith of 
 Edmrdxht fiiit, and many StatiueJ' 
 fithenc^ thepradice of all timcsjiiid . 
 the Ciiltome of the Realm. 
 
 Sixthly, Wc maintai^||e Jm'e coun- 
 terfeiting of ibe great S eal te be high 
 treafen^ andfo of the ufurpationef 
 tne twines Fo'ts, Perts^ Shippings Ca- 
 bles, and hit Revenue, and the cdy n% of 
 Monf;,againft thefn : Wee haTCoac 
 warrant fcy the (afd Stattite of the" 
 
 twenty 
 
% • 
 
 tv^^nty fifth o£ Edvfird the Thii'<^j 
 Chapter the fecbnd , and divers o- 
 thers lince , and the piadice of all 
 times. 
 
 ., S^evemhly, Wee makain, that 
 the K.rn^ k tht onely fupreme G6v€r^ 
 nour in aUcaufej : They, that his Ma- 
 }efty is to be goveined by them : Our ' 
 warrant is the Statutes of the fiirlt of 
 Queen EH^abeih, Chapter the, firft^' 
 and the fifth of . Queen Eli^abtthi the' 
 
 firft.. ■ , ^ 
 
 Eighthly, Wee maintain that the 
 fEd.^. ^insK ¥jv& ^ <fn inherent tirtb-rigbty 
 f*^.^' nmnct by G »ds L<w, <md by the L aif 
 
 of the land.Jhcy fay his Kingly right^ 
 i^an. Qffice upon , truft ; Our >ar- ' 
 rant is the Statute of t he fii fl of King 
 James ^ Chapter the firft 5 and the re- 
 fpUitipn of all .the Judges EvgM 
 in Ca/wVs Cafe, 
 
 , Ninthly, Wee maintain that thid 
 { • ) polituk capacity it nti to be fiverei 
 ' >i ■■ ■ fnotmbenaturaH. They hold the con^^ 
 traiy : Our warrant is two Stitut^S 
 fvi^. Hugonk in Edward 
 
 the fecoads tmie, and the firft of Erf- 
 ji>a>d the third. Chapter the fecondi 
 and their Oi:acle, whoTiathpubliflied. 
 it to Pofterity, that it « ^/flfr.fldWp, rfe- 
 teflabhydt^d execrable TreafMi CaivifU 
 Cdikjpars'j.fol.ii. 
 
(3P) 
 
 Tenthly, VVc maintain, that wto 
 aids the Jibing at home t/r abretd, ought 
 not te he makjied or qHefticned for the 
 /iwe.They hold and praftife the conr* 
 trary ; Our warrant is the Statute 
 of the eleventh of Henry the fcvcnth,' 
 Chapter the firft. 
 
 ^ . Elcventhlyj We maintain, that 
 t** V^tnghatJ} power to dijfaffent to any « ^ 
 tiB agreed by^he two Houf'esi which 
 they deny : Our warrant is the Sta- 
 tute o{ thcfecondof Henry the fifth, 
 and the praftice of all times j the 
 firft of Kin^cWr/ Chapter thefe- 
 venth, the fnft p| Kii^ James Chap- 
 ter the firft. /, ^: 
 , , Twclfthly, We niaintain , that 
 Parliarnents ought to be holden in a 
 grave and, peaeeable manner^ withoHt tu- 
 mults : They alio wed, multitudes of 
 the meaneft fort of the people to 
 comt to iVefiminfler to cry for juftice 
 when they could not have their will, ^ollca. 
 aed keep guards of armed men to Oid.fii. 
 wait upon them : Our warrant is the 
 Statute of the fevevith a| g9t>ard the 
 fecond, and theii Oracle, 
 i Thirtecnthly, Wc ra.iintain, that 
 there U to State whhin ihk Kingdome 
 hit the ]^ifgs Majejfy , and that to ad- 
 here to any other State within this kinj^- 
 iomi^ higbtrnfon :. Our warrant is 
 • . , the 
 
ffie Statttte 6f the third of Kiwg^dWe/, : 
 Chapter the fdarth, and the twenty 
 third of C^iecfl Eli:(aktht Chapter 
 riiefirft. . \ . 
 
 FotirteGmhly, Wee iriajntaiiWi,. 
 tteit to iebie a Want to remtve ccwn* ; 
 jellours, to alter ReligtOt, er sny l^w ' 
 epahlijhed, if high Trufon j They 
 ^ • hold the coiitr^fy : Oiu' warrant 
 is the rcfolutidn* of all the Judges 
 of England in Qufefift Elizabeths timsy 
 arid their Oracle agrees with the 
 Time. 
 
 Fiftceftthfy;, Wet maintairt, tfcat ! 
 N9 man ^nld h tmprifenedy put tut 
 ofhii landsy but by due tourfe of Law j 
 and that n(f nnniought t» Be adjudged to 
 deaths but . By tkt Law tfiablifijed, the 
 Cuflmesof the Re aim or by A If of 
 Parliament j They praftifc the con-^ 
 tl-ary in Londdn^ hriftol, l^em, Hs^c:, ■ 
 Our warrant is Magna Cbarta, Chap*-.' 
 ter the twenty nifirh , the Tetititn ' 
 of.Rjght, the third of King Charles^. -* 
 mid div*2is LawcS there mention- 
 ed. ^ 0 
 
 Wee. of tfec lyings' Party Sd and 
 do detefl Monopolies y and Skip-money^ 
 and ali the grievances of the people at 
 much ai any wen living j wee do welf 
 knowj that our cfiatesj lives and for-- 
 ruaes aic prefcrvcd by the I^wSj and* 
 
that the King is bound by Iiis Laws' j 
 wee love Parliaments : if the Kings 
 Jitdges, Councell, oir Miniftefs 
 have done amifle, they had from the 
 third of Nw^m^er 1640, to the tenth 
 of January 1 64 1 ,time to pimilh thcmi 
 being ail left to juftice, mere ii the 
 Vjngj fault ? 
 
 The Law faith - The King tan It pfr,0l,^ 
 doits wmg, that hec is Medicut Regniy Rtpcru. 
 Pater Patri^y Sporfm Regniy qui per an- ^V<^*» 
 mktn is cfpoufed to his Realm at his ^*"^f' 
 Coronation j the King is Gods 
 Lieutenantj and is hot afileto do an 
 wnjuft thing: th€fc aire the word* of 
 the Law. 
 
 One great matter is prctended,thtt 
 the People are not fure toen)oythe ■ 
 AAs pafled this Parliamciitja fuccet-^ 
 ding Parliament may repeal them r ' 
 The ob jedion is very weak j a Par- 
 liament fuccceding to that may repeal 
 that repealing PkiliameAt ; That ' 
 /^ar is endlefle and rcmedilefle j for 
 it is the eflfence of Parliament^ei Ag 
 compleatj and as they oupt robe, of ' 
 Head, and all the Members, to hav* 
 power over Parliaments before : Par- 
 liaments are as the rimes are j If a ■■■■ 
 tiubiilentfaaion prevails, the Parli* 
 amems are wicked, as appears by tb^ 
 examples recited biefore ©f extreme 
 " wicked 
 
wicked Pariiamems } ifthc^ timts be' 
 fober and modeft, pmdent & not bi-- 
 aiicdjthe Parliaments are right,§oodj ^ . 
 aad honourable, and they are good 
 medicines and falvcsi but in this Par- 
 liament except medicim modum. 
 
 In this caufe and War between 
 the Kings Majefty and the two Hoii- 
 % • fes at Jf^f/Jmin/Ze?', what guide had the 
 Snbjefts of the Land to direft thent 
 but the Laws ^ What means could 
 they ufe to difcern what to follow, 
 what fo avoid, but the Laws ? The 
 King declares it Treafoti to adhere to 
 the Houfesin'this-War : .the Houfes 
 declare ittreafen to adhere to theKing 
 iri this War : The Subjeds for a 
 great and confiderablc part of them 
 (Treafon being fuch a crime as for- 
 feits Ufe and eitate, alfo renders a 
 mans Pofterity bafe, beggarly, and 
 infamous) look upon the Laws, and 
 findc the letter of the Law requires th?m 
 19 affij} the f0n^, as before is manifeft- 
 ed 5 ever Sub criminally pn- 
 nillit m a!% age or Nation for his 
 pmTuit of what the Letter of the Law 
 commands ? 
 
 The Subjefts of the Kingdome 
 find the diftinftion and interpretati- 
 on now put upon the Laws of W§/fr<i- 
 ^ff! <inrf(;<«cr8/ifrff, Power and Per- 
 • ; M . . , fbn, 
 
Ton, body politick and natural!, per- 
 fonallprefenceand virtually to have 
 
 . been condemntd by the Law 3 and 
 fo the Kings Party had both the Let- 
 ter of the Law, and the interpretati- 
 on of the letter cleeredto their judg- 
 ments, whereby they might evident- 
 ly perceive what fide to adhere to ; 
 what fatisfaftion could modeft, 
 peaceable, and loyall men more de- 
 fire ? ' ■ •■ 
 
 ^ verba UgU in crmmbui ^pcenU 
 non eft recedendum, hath been an ap- 
 proved 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 faid Laws are a- 
 gainft them without colour : they fay 
 the faid Laws relate to him in his 
 Office, they cannot fay otherwife ; 
 theymake Commillions and pardons 
 in the Kings name, and the perfon of 
 
 -the King and his Body politick can- 
 not, nor ought to be fevered, as hath 
 beai before declared : ^^d the 
 
 'Members of both Houfis^cm fvporne 
 
 -eonffmly in thk Parliatnent that the 
 J{ing U the onely fupreme Goyemeur in 
 dffeaufes over aU perfonsat thit prsfm 
 time. 
 
 For what of verball or perfonall 
 coaitnaudsof the King which is ob- 
 
 jeded. 
 
 Coll. of 
 Ord 777 
 
 5 El.ttp.t 
 
(44) 
 
 jefted i we affirm few things to be 
 fubjed thereto by the Law : but his 
 Majeftics Command imdei* his great . 
 Seal, which in tliis War hath beett 
 ufed by the Kings command for his( 
 Commillion to leavy and array men, 
 tliat is no perfonall conimand (which 
 the Law in fome cafes difallowesy 
 % • but that is fuch a command, fomade, 
 as all men hold their Lands by, who 
 hold by Patents ; all Corporationi 
 have their Charters which hold by 
 CharterSjand all Judges and Officers 
 their places and callings. 
 
 It is objefted. The King cannoi, 
 fiipprefle his Courts of Juftice 
 and that this war tended to their fup-" 
 prelfion. 
 
 StI. The anfwer is. The King cannot 
 
 7 pan The nor ought to fiipprefie J uftice, or his 
 Wcftmore ^ou'^tsoO^fti^Cj^oi'C^'erdid j but 
 lands^lirc. ^0"^^^" of Juftice by abHCer cr mnufer 
 I E/j^.Diw. ccafe to be Courts of Juftice j wheii 
 16^. J part Judges are made, and proceedings in 
 The' afe _f ^^^"'"'^^ holdenby others th«n 
 difcoSnu- J ^^l^^ by the King,and againft 
 anceetpro- his command under the great Sealj^ 
 ccffe. ' and his Majefty is not obeyed, bqt 
 the Votes of the Houfcs , and his 
 Judges breaking that condition in 
 Law, of truft and loyalty, implied in* 
 Iheir Patent?;, tit ho longer his Ju^-. 
 
 * 
 
ICS i they obcyjand cxcrcife their pk-r 
 ccsby vertue of Writs and Procefles 
 wider a counterfeit Seal: The Kin<» 
 oaely can make Judges, the twenty 
 Seventh ofHm;i the eightii:, Chapter 
 xhetwcntyhurthfJuJiuej^ftheFeace, 
 6cc, The Kings Patent makes Judges; 
 The ehicfjuftice of the Kings Bench , ^ 
 is made by the Kings Writ onely af 
 all the Judges. 
 
 The Great Scale is the key of ^tficuH fi. 
 the Kingdome, and meet it is that 
 the King pjould have the key ofhU l^jvg '^^'l'^ ... 
 dom about him : which confutes their 552^" '""^ ' * 
 faying, that the King got the Seal a- 
 way uureptiticufly. 
 
 ■ The King, and he onely may re-. „ . . . 
 move his Courts from H'ejhnhflei in- 2/. . 
 to fome other place ; at lork. the * 
 Terms were kept for feven yecrs in 
 Edveard the firU'stimc j t»«t. for the 
 Court of Common- Pleas, the place 
 ftiiift be certain ; for the Kings 
 Bench and Chancery, the King by . 
 the Law may command^o^iJo at- '! 
 t'bid his Perfon always, irit feem fo 
 •itieet unto him j but the removing 
 of the Common- Pleas muit be to a 
 placecertain, andfp astiiiei to the 
 people. 
 
 All the books of Law in all times 
 agree, that the King may grant conu- 
 
 fance 
 
Tahce of alT Pleas at his ple^ifure with- 
 in any County or PrecinS^to-be hol- 
 den there onely, a«d remove the- 
 Comts from H'eftminfkr to fome o- 
 ther place (for the Common-Pleas, 
 6 EiJoier. the pi*'^ certain, and fo no- 
 
 %i6 ufied to the people) , and adjourn 
 
 the Terms as hee fees ca'ufe : All 
 ^ wtiich the tw) Houfes have viola- 
 ted. 
 
 Some 
 
U7) 
 
 Some [eeming ObjeHions of Mat 
 fier ^xyti'Sf fcattered iKdi^ 
 vert hooks anftvieredy and ' 
 the truth thereby more 
 fully cl^ered* 
 
 THE firftofHewry the fourth cc-: ^q^^ 
 vived the Statute of the eleyerith 
 of Richard the fecond, and repeals 
 the one and twentieth of Richard 
 fccond, whereby certain perfons were 
 declared Traitours to the King and 
 kingdomCj being of the Kings Party, 
 by II. Rich. z. 
 
 True, but note^the eleventh of 2? S»L 
 chard the fecond, a Parlitment befet 
 , with 40000 men, and the King af- 
 fents to it,fo an Ad j and befides,the 
 firft of Henry the fourth declares, that 
 the Treafons mentioned in the Ad 
 of the eleventh of Richard the fecond, 
 being but againtt a few private men, 
 Ihall not be drawn into ex^n^Iejand 
 that no Trcafon llioul^l>e, butfuch 
 as the twenty fifth of Edward the 
 third declares: All thefe are Ads 
 paffed by the King, and the three E- 9 £<i- 4. 
 ftates, nor to be drawn into exam,- f*^' 
 bleina tumultuous time, byabciie- 
 ged Parliament, with an Army j and 
 
 Henry 
 
(48) 
 
 Hmy the fourth being an ufurper, 
 makes that Aft of the firft of Henry 
 the fouitli to fecm-e himfelf : Alfo • 
 what is this to the Votes of the two 
 Houfes onely at this time ? 
 
 'i'he Court of Parliament is a- 
 bove the Kin?, for it may avoid his 
 CliarterSjCommiflionSj.^f.granted 
 againft the Law. 
 
 " And the Law is above the King. 
 By t-he fame reafou you may fay 
 that the Courts of Chancery, or any 
 of the Courts of Law at Weftm'mfler 
 are above the King, for they make of 
 no effea the Kings Charters, which 
 are paifcd againft the Law j and the 
 King is fubjeft to Law, and fworn to 
 maintain it. Again, it is no Parlia- 
 ment without the King,and the King 
 is the head thereof j he is principimj 
 caput )(^fini* of a I*arliament, as Mo- 
 dui tenendi Parliament, hath it j and 
 two Houfes onely, want principrnmy 
 caput ^finif of a Parliament j and it 
 is a foflufi j^rliament that wants all 
 thefe : And raerefore to fay that Par- 
 liaments are above the King, is to fa,y 
 the King is abore himfelf. ' ' 
 
 The Parliament can enlarge the 
 Kings Prerogative ; th^refxjre it is 5- 
 bovehim. 
 
 If the King aifent,otherwife not j 
 
 and 
 
and then it is an Ad of Farliamtnr, 
 and otbccwife no Ad. 
 
 EraHon faith,God,the Law,and the 4- 0&« 
 icings Court, (vA.) hisEarlei and 
 Biirohs ate above the King, vi^, in 
 Parliamtnr as Mr.P/iwac expounds ir.. 
 
 Wheic ii thfen the Houfe of Com- Stf, . 
 •monj ? Indeed, take God, the hzw, 
 ' and Barlci and Barons [together, it is 
 true J but to^ffirm that the Barles and • # 
 Barons in Parliament are above the 
 King (the King being the head of the 
 Parliament, ar d they one of the mem- 
 bcrsphow aninferiour member is a- 
 6ove the headjis hard to conceive j be- 
 fidesthac pofition deftroyes all Mr. 
 Pri»nef difcourfe, who attributes fo 
 much to the Houfe of Coromonr. 
 
 The King "is but one of the three j.OJ. 
 Eftatcs of Parliaments and two are 
 greater then one j therefore above, . 
 
 The Legs, Armer,and Trunkeof the 
 body are greater then the Head,and yet 
 not above,nor with life without it^thc 
 argument holds for quantity, but not 
 forquality, and in truth, lhqg#ng it 
 none of the three EftateH)Ut above 
 them all; the three Eftates are, the 
 Lords Spiritualljthe Lords Temporal!, 
 and the Commonf 5 C%,their Oracle, 
 in his Chap, of Pari./, i. 
 Incorporations, the greater nwiu- 
 p bcr 
 
ffo) 
 
 6.0b* bcrofvoycej make all the A&s of 
 the Corporation vaH4 ; therefore fo 
 in Patliamenc. 
 
 Sol. Bythiireafon ihe l^inRf aflencrsi 
 
 needlefre,andcono eni, and all the) 
 Aftsof Parliament fo'Oierly raenci-f 
 0:ied, and Law-bookes have quite [ 
 miftaken the matter, which w ihu-? 
 ^ ^ naniinous voice requires the J^ing). af-j; 
 - . fcnt n ceffary ; befid<s, theCor-j! 
 pocatior.i are fo Confti rated by the! 
 Kings charters, 3nd the greater num-i;. 
 ijer of Votes IMI make their Adsi' 
 valid. 
 
 TheJ(;ir^g, as JC'ng, Isprefentini 
 7.0j. hi; Paihament as weiras In allotherf 
 hij Courts otiuftice,howbeit he is nCt 
 
 Ja his other Courts of Janice he hath 
 no voice, he ij noneof the Judges, in 
 the Parliament hehathjif bisprcfcECe^ 
 be not mccflary, his voice is notj ncri 
 his aflenr. 1 
 The otiginall prime Icgiflitive pow. 
 ^.Qb. cr of making iaweSj to bind the i'ub' 
 Soversign jedfllW|j^eirpofterity,refty not in the, 
 power of f^ing, butin tht Kingdopje and ParU.^ 
 Patlia- amcnt, which reprefentj it. I 
 ments,49. '^lo&cx Frinve in the fame leafe 
 7<j. affirmer, andrtuly, that the icings 
 S§[^ aflcncif generally requifitc to paffe 
 
 Lawcsandraiifie tfceni; the J^ing is 
 
 I 
 
i the Head of the f(_isigdotne and 7»arH3- 
 DQcnt, how then cm a Body a& withouc 
 a Head <> 
 
 A major part of a Corperation binds| 
 the. fore the major part in Parliament, ^.0&* 
 and fo of by Lavrcs. 
 The Corporation is fo bound either S9(* 
 iby the fC'ngf Charters> or by prefcrjp- 
 ^ tlon, which (omet mej had the i^jngs 
 conccfli .n ; bat p e(cr)p^ion,and Law, * ^ 
 andpraft.fe, ahvayes ktt the l^inga 
 negative voice, 
 
 • The I(,ing cannot alter the Bills pre- 
 fcn'ed to him by botKH u'esjgi?. * 
 True, but the /^mjj may ic^uk sot. 
 them» 
 
 Afts of Parliam^'nt and Lives mi- ii. OS. 
 niftrcdin the Raigaes of U arpcrs, 
 bind rightful 1 2(,ir>gs, ^(7. 
 
 What isthis jt» pjtncthe two hc?a- So-/^ 
 fcs power only, which isthcqit fVi 
 Aiding de fa6io muft be obey d by 
 theiiwhold mitted to hhn, n' they 
 art&is Subjeri. by their rubmiflioii, 
 an i not Su-jefts de faS:'j\o the true 
 E(ing, andiuch cing r<^'t##r^nd 
 _^ebells to the Regent f^^ing (having I 
 renounced the ciue f(_ing) wii^jrj the 
 lawfuU iy^ ng is reftorcd, may be pu- ' 
 ■"nifli "d by him for their Trcaf^n a- 
 gainft che Vlurper : Bur hecre is a 
 ICjngftUIia bothcafes, and the pro- 
 C i ceedings 
 
ceedings at Law holds, the lodges ha-# 
 ving their Patents from the being 
 Kings 5 in the Raigncj of Kings, de 
 fa£io or dejure^ for all Kings arc 
 bound, and fwotne to obfcrre the ^ 
 Lawes. 
 
 Aiding dies without Heire, is an 
 Intant,«©« compos mHt'is^&c. the twc^ 
 lloufcs may cftabllfli Lawes, go. 
 
 There is no \nttr regnum inErtg-* 
 land, as appearcs by all our Bookes of 
 law and therefore the dying with- 
 out Hcire if a vaine fuppofition, and 
 by their principle he is coafiderable in 
 his politick capacity, which cannot dye 
 at all ; The proteftour affiled by the j 
 Councfill of the King at Law, hif ' 
 twelve fudges, the Councell of State, 
 his Attorney, Solicitor, and two Ser- 
 gcants at Law, his twelve Maftcrs of 
 the Chancery, hath in the iv^ngs be- 
 half, and ever had a Neg^arive Voice; 
 but what is this to theprefcnt quefii- 
 on ? We have a King of full age, 
 of great wifcdorae and judgement ; 
 th« jin^et^of the two Houfes infuch 
 a cafe to over the K:ng, cannot bee 
 fhowne. 
 
 The IfCing cannot dif-afient to pub« 
 llque and ncceffary Bills for the com- 
 mon good, go. 
 
 Nor eyer did good f(,ing i but who ^ 
 
 ihall 
 
fliall be judge, whethef they bepuB- 
 Jiquc and ncci ffary ? The wajor part in 
 either of the Houfcs, for paffing of 
 Bills fo pretended, may be but one or 
 two voices, or very fevr, and perhaps 
 of no judicious men ; is it not then fit- 
 ter or more agreeable to rcafon, that 
 his Maicfty and Councell of State, his 
 ^twelve ludgcsjhis Sergeants, Attorney, • # 
 and Solicitor, twelve Matters of the 
 Chancciy, (koutd jrtdge of the csn- 
 veniency and benefit of fuch Bills 
 for the publick good> rather thefl a 
 ww&r, Cof which fort there may be in 
 the Houfes) era wcakc man, or a 
 few, who oftentitnes carry it by 
 making thewtfjor parr, which in- 
 volves the confcnt of all ? Let reaCbn 
 determine. 
 
 ThfEv.ings ofEngfandy bavt been I4,0t 
 eledive 3 and the J^ing by his Coro- 
 nation Oath is bound to maintaine 
 iu (las leges & covfuctudines quas vuU 
 gas elegeritigo. 
 
 |0OJ»etC hath been ir^_ tjpAing- 
 dcme, aad therefore to continue *f 
 ftill, will not be taken for a good ar- 
 gument 5 when things are fetlcd 
 for many age;,io looke back to times 
 rfconfufion is lodeftroy all rcpofe: 
 The A of Parliament of the i, ofJC. 
 /r2«fr^ Chapter the firft, and all our 
 C ^ extant 
 
extant lawcs fay, that the JfCing? Of- 
 fice is an heritage rnhcrcnt in the 
 blood of our J(,ings, and their bitth- 
 right, 
 
 X E.4.<;. 1 • And Vfarpers tfeatcowe in by the j 
 conlcnt of the people, are TCings ekfa- 
 £lo, but not de jarf, ax appeares by tbc^| 
 Ads or Pariianjcni declaring th^rafoj 
 % • and by all our Xaw books and the fnn-1 
 ^amentall eonftitution of the Land, i 
 Regall power k heriditary and not e- ! 
 leftivc, - i 
 
 i.H<W>7. ^OT the w ords (vulgus clegerit) H \ 
 vulgvs beapplyedto the Houfe of i 
 Commons, they of thcrafelves can | 
 make no Lawcs : The Pccrej wcrcnc- \ 
 veryettearmed vulgusi but allowing , 
 they be fo caiJed,tbe tawes to be made \ 
 be juft, and who is fit to judge thereof, ; 
 is before made evident. j 
 Cuftomej cannot refcrre to future i 
 time, and both are couplcdjLawef and J 
 |Cuft<;nies.. I 
 Princesbave been depo{ed,and mayj 
 bej^gl^e the two Houfes, go* i 
 The ffcpofcrs were ^ra?tOi;0,j 
 * as appeares by the refolution of allj 
 the lunges of £n^/d«i j C^^fjChap.^ 
 Treafon, in the fecond part of the : 
 inftiiutef J And never was i^ingde-'! 
 pofcd bur in t«mu!tuouj and madj 
 umefj and by the power of Armies ,i 
 
 and! 
 
ian ! they who were to be the facce-^ 
 ding l(,tngs in thchead cf" rhem» as, 
 Edward the third , and Henry the 
 feurth. 
 
 The appeale to the Parliam n for er- j 6. oh* 
 fourf in iudgements in ail Courts « 
 frfquent, go. 
 
 i This IS oTiely to the Houfe of s»!. 
 
 ^ Lords, and that is not the Parlia- 
 ment j the Houfe of C mmonshavc 
 nothing tc'ee therewith 5 and in the 
 H ufeofPceres^ if .1 Writ ofErrcuc, 
 be hroughr to reve. fc any judgement, 
 therr isfi! ft.^ pecifion to rhe IC'ng for 
 rho alK)wdnee rticrcorj and ihe rea- 
 fon of the Law jn this cafe i$, for that 
 th- Targes of the. Land allof them, 
 the 2(^ing<: Counceli, and twelve Ma- 
 kers of the Chancery affift there, hy 
 whofe advice etronious judgements 
 ire '■fd:en^>i£{. ' 
 
 Thf P.iiJiaments have determined "iy.Oh. 
 bfthciigiics of J'v.ings, as in Henry 
 the ^i1t:^ time, arid others, and Parlia- 
 mentshave bound the fncceflion of 
 (F^ingr, as ■sppeares by ti^ ^'4^e Of 
 the thirteenth of Q^ieeire E/i^a^e/S, 
 Chapter the firft ; And the difcsntof 
 the Crown i? guided rather by a Far- 
 liimentary Title then by Common 
 Law,?''?. 
 
 If this ob)^'ai©n be true, tHat the ^ , 
 C4 Title ^''^ 
 
Title to theCrowne is by Parlla-^ 
 menr, then wehad no VfurperS) for 
 they all had Parliatnents to back 
 them; yea, IRic^jatO the third, thaC 
 Monfter. All our Bookes ofLavsr 
 fay they have the Crowne bydtfcent, 
 and the St Jtuiej of the Land declare, 
 that they have the fame by inherent 
 birthright. And the Statute of the 
 th'rteemh of Cfijftbg]^ , the firft 
 Chapter, was made to fecure QaceHC 
 Cli^abet^ agalna t\iz £luttm of 
 ^Cetd, then in the Kingdomc, clay- 
 ming theCrowne of (^ttgtanQ, and 
 having many adherents : And that 
 Statute to that end affirtne; no fuch 
 powcrin the two Houfes ^whichis 
 the qucftion) but in Qaeen df^a^ 
 hctljy and the two Houfcf, which 
 makes againft the pretence of this 
 lime. 
 
 Matter ^i gnne, fol. 104. of his 
 bookcjintitulcd, tbc |5>arUaments 
 fupve»lf potoei:, &c. Objcding-he 
 Sratij^^the fiift of £Xuttne (2^U)a= 
 bctlj, and#i$ cwneOjth, that the 
 King if the only fupreme Gover- 
 nour of this Realmc j Anfweis, The 
 Parliament is the fupreme power, and 
 lhcf(_ing fupreme Governour .* And 
 
 yec there fee aIloi»e« \)tm a Ji^cga= 
 ti^t WLoUt iznd foU 107, confciTcth 
 
(srJ 
 
 that ^&s of Parliament tranflated' 
 the Crownc frota the right Heires at 
 Common-law, to otherj who had nO' 
 good Title, thfn the Pailiaraentary 
 Title makes not the King, fo power- 
 ful! is truth , tfcac it efcapcs frera a 
 man unawares .• To make a di- 
 ftinftion betweene ftipremc Govcr- 
 nour, and fuprcme power » is very ^ 
 ftrangej for whocangoyein withouc 
 
 The S^ing altemblcs theParha- 6^5,4. «?, 
 memfcyhK Writ, adjo'jmes, P^^o- inft.'arj.^ 
 rogues, anddiffolves rhe Parliamen', ^ ■ ' 
 By the law at bis pleafiu e, asiscvi- * 
 dent by conftant praftifc^ the Houfc 
 of Commons never fate after an ad- 
 jturnment of the ParUimenn by the 
 I(,i8gs command: Where is the fupreme 
 power ? 
 
 The l^ing by his Oath » is bound ji?».0Ji 
 to deny no taan right, much leflc the 
 Parliament) to agiec ro all juft and 
 necefl'ary lawes propofcd by them to 
 the/^irig. Thif isthefubftmcc of the 
 difcouiie againft the K4 tins ♦^{irive 
 
 The I(ing is fo hound as is fet - ^ 
 dbwnc in ths Objeftion j but who 
 fiiall judge whether the bill propofed 
 beji ft anf! ncceffary ? For all t^at 
 they dotprcpofe arc fo pretendedand 
 U % <at««4' 
 
Cj8) ! 
 
 esri Jetl in either Houfe, fometimcs ^ 
 by one or two Voy CCS ; or fome tew 
 as fiforefaid, and certainely ai hath 
 been fhewen, the I\\ng , his C©un* 
 
 fell of State, his ludges, Sargcants, ! 
 
 Attorney , Sfi'iicitor , and cwelre j 
 
 Maftcfs oftbc Chancery can better ! 
 
 Judge of them, then two or three, or %' 
 
 iewraore, ^ 
 
 Mr. P?pntte fol. 4 f . In his bocke of 
 
 the Pari ianients intereft to nominate . 
 
 Calvins iPrivic Couuce!Iour?,calieth ihe opini- ; 
 
 cafe 7. pa. of the jg>pcnc«t!3 to tJ^bittt tl)e Pcr» | 
 
 f ol, fonoftljei^insfr0iii|)i6 Croton, a ; 
 
 Sta!tgeopinton,dndclces Caibintf i 
 
 Cafe, Kuc leaves out the coixiuiJons ^ 
 
 therein toentioned, 1 1. Af after ^ 
 
 Pjpnnc faith tlierCi buz let thiscpini- i 
 
 on be what it will; without the i^iogs | 
 
 Grace and Pardon it will goe very far„ * 
 
 ^ and two A£ls of Parliament there \ 
 
 mentioned are beyond an opinion : i 
 
 And in kif bookc of the opening of the i 
 
 Guac Seale, fbl. 17^. The Pai-iia- ^ 
 
 rEcnthath no juxifdidion to ufe the \ 
 
 ^ic^MM^ot i'aidonj Generall or ] 
 
 Particular. Where is the fopremepow- ; 
 
 erthen? j 
 
 'tis* Mailer P?f ttnc0 (opening of the ; 
 
 SeaIc)paiJ, 19. faith, the Noblemen 1 
 
 and State, the day after the Funcrall ^ 
 
 o^iCjn&.ife^Utgthe third C/^Ipg <Btt=> ■ 
 
^ Ijsattt the fitft bis fonne being in the 
 VHoly Land ) tnade a new Great Seale* 
 and .i^eepers of the fame ; And in 
 ■ l^cntpthc Pxcstime, in the firft yeare 
 , bfhisReigne, the like wa; done in 
 Parliamc.nr, 
 
 A faStojad luSi ir is no ^oodl Argu- 
 . m«nt,for that is CtJtoatB the firfis 
 * time, IE v?as no Parliament, for Z(;ing 
 ^ ^fiirg the third W3J dead, which dif- 
 folvcd the Parliament , if called 
 inhistinie, anditcouidbc noParl5a~- 
 mentof <KT)toal!> the firfts thiie , for 
 no Writiflued to fumiiion a Parlia- 
 ment in his Naiae , nor couid iflue 
 bat under the New Seaie, it was fo 
 fjddainfly dene after i^cnr? the 
 thirds death, Kif^'g^S^^toatD tlie- fir^V 
 being then in the Ht)ly Land, itwas 
 thcfirflycarc of his Iteigne .* and no- 
 Parliimcnt was held that yeare, nor 
 \ f he fccond yeare of fais Reigne ; The 
 firft Parhatnent that was in his 
 Reigne, was in the third yeare of his- 
 Reignc, as appcaresby the printed 
 Ad; ; Alfo the making of that 
 Seale war by forac Lor% fnaP pre* 
 fent ; What hand had the Comjnons 
 in it? Concerning the 5'eale made 
 indent? thelixthsrime , the Pro- 
 teftor vras Vics-Roy according to 
 ihe cowfs of la.(y,.and'fo the making 
 
of that Scale was by the Protcftor ^ 
 in the tC'"gs name, and that Pro- i 
 tcftor, l^ttH1pl)?g Duke cf ©lott- I 
 Ceftcr, a$ Protcftour, in the Icings" 1 
 Name fumnaoned that Parhamcnc, j 
 and wax Protcdor made by the 
 Lords, anj hot in Parliament, asap- J 
 pearcth plainely, for that Parliament % 
 was in the fii ft of^cnrr thefixth, \ 
 and the firft haldcn in histirae, and 
 power g'vcn by Comnaiflion to the 
 faid Duke, then Protcdor, to fam- 
 inon that Parliament, |(^?)»tlHe ibid. 
 foLi^. But the new ccumei feit S^ale 
 was made when the King was at f^x- 
 fejDjinhisowne kingdome, and noc 
 in the holy Land. 
 
 'Maftecl^jUlintinhis booke ofihe 
 twoHoufes power t« i rpofe Taxes,, 
 reftrainex Mallgnants againft any Ha- 
 beas Corputy &c. faith, that the Parlia- 
 ment is above Magna Charta, and fol. 
 t f , ibU. The Parliament hath pow- 
 er over Magna Cbarta to repeals the 
 famewhen there is Caofe. 
 
 Thllrt^u|^ent fuppoieth that they 
 Have the E^ings power, which hath 
 appeared formerly they have not : But 
 fuppofe they had, Magna Chart a con- 
 taines many Morall Lawes, which by 
 the Law ot the land 9 Parliament 
 $annot alter, 7. a, )D< anD 
 
,'^>tnlii;t, t. dialogue For exam- 
 
 yiCyM (mhchap. t9. /ufticc {hall not 
 
 Btfold, delayed, nor denyed to 9Jiy 
 *i3n J but by this Argument the Par- 
 f hament may make law to delay, dcny^ 
 and to fell Jufticc, which furcly is a 
 1 ,vcry ill pofi ion to maintaine. 
 \9 What they would have, doth now 
 
 rby the Propoficions fent to <^ete* 
 C&ait to his ^/ajcftic appeare, where- 
 by they would have him diveft him^ 
 ij ielf^ and fettle in them all his Kin*. 
 ; ly power by Sea and Land , and of 
 themfclves to hare power, without 
 I him, so lay apoa the people of tAis 
 Land what Taxcr they ihinke tneer, 
 to abolilh the Common prayer' 
 \ bcoke, ,io abolifh Epifcopacic,and to 
 i' intioduce a Church Government not 
 - yet agreed, bus fucb as they fliall agree 
 
 party in both Houfcs to fteae this 
 courfe, and being chafed away with 
 Tumults from Lotlficn, leai^tlc 
 Houfes for thefe Reafonsj^^y* 
 
 Firft, UciuU to titer ti;e ^oa 
 teriiiT entfo?lRel(B<en, ig agatnft 
 
 Secondly, againiltlbcii 4>a4|)0: 
 For every of them hath fworne in 
 this Parliament, That His itfaiefty 
 
 on. 
 
(TTJ i 
 
 Is the only fupreme Govcrnpur in^ j 
 Caufes EcclefiafticaU* aUd oyer ' 
 
 perlbns. . h. \ 
 
 ^Thirdly 3 this courfe is agajnft I 
 ^agna C^irta, the iXhap.andthe . 
 bft Sal-Vie fmtEp:fcofn omnss libevtA" 
 Confirmed by thirty two Afts 
 of parliament: and in the two and* 
 fortieth of ^UtJjafD the third, the 
 • • firft Chapter en.iSs, if ar^y S-:atu'e be ^ 
 made to the contrary, itfiiall be hol- 
 dea for noiae : and fo it is for judge- 
 ments at L iw, in the a y. of CDbJatU 
 the 1 chap, The Great Charter is 
 declared to be the Common Law of 
 the Land. 
 
 ' Fourthly, i\)tt ett6cal3cut to tafes 
 
 atoa^by their Propofitionj, t\)t (00= 
 Ucrnmcnt pf ^tC&opS, which is as 
 ancient as Chrittiansty in thiis Land^ 
 
 and the JBoofec Of Common-pJagesJ 
 fetlcd by five Ads of Parliament .aad 
 compiled fey the fRcfojmer« atlfi 
 J^artgrg, andpraftifed in the time 
 
 mUll^, thefe PropoStions taking 
 away frodfhirMajefty allots gbttfr 
 bgiantiant) ^Sa/ rob him cf:hac 
 whrch all his Anccftors, Kin^is of this 
 Realoie^ have enjoyed : Th at enjojr- , 
 ment and a{3ge makes the LatS, and 
 a Right by the fitme to his Majefty* 
 
\€l}ep arcagaftifttljcftotoite P?os 
 Iteftattoi 5 ma^e ttjie ParUamcnt, 
 
 (*e.7;^. toniainraine hisSovall pcr^n, 
 Hon<?urjand Eftate ; C^Cp aTra= 
 r gat«atl)ctr Co^icn..w, v/hicbdo-ch 
 fay, that t\)n ixitll not DcnUttia; l;<si 
 ^ tuftpohjct anu (15rcatnc0. 
 
 9 For tbefer«afonshis Ma je% tilth 
 left themy and as is believed wiJlrc- 
 fufe to agree to the faid Propofitions, 
 as by the fundamental! Law of the 
 Landheraay, (having a J^{gattlJ8 
 feiJicC) toany Billspropofed. 
 
 Therefult ofall is upon the whole 
 matter : That the King thus leaviragof 
 the Houfes, and his dcnyall to paffe the 
 faid propofitioi\s, are fo fat from ma- 
 king him a Tyrant, ornot inacondir 
 tionto governj at the prefenr; th» 
 thereby he is rendred a iott, i^agtia- 
 titttiious, ano p(oua T%incz :fo that 
 
 by this ir appeares clearly to whom the 
 Sl^iitiitfi of thcfe times are to be im- 
 puted. The remedy for all^ h, an 
 Ad: of Oblivion , and a General! 
 
 David Jenkins, iwjisf 
 frifontr in tbejCoTvtr. 
 
The Vindication of^ 
 
 Ridge lenkins frifo* \ 
 tier in the Tower , tht ^ 
 ap. of April, I 647. 
 
 IWas convened upon Saturday tHt \ 
 loofthismoneth of April before ^ 
 a Committee of the Woufe of Com- 
 monsj wherein Matter Corbet had tfee 
 Chaire j and 1 was thereto oc exami". 
 ncd upon fome queftions then to be 
 propounded to mc j to which quefti- 
 tons jrefu&d to givt: any other an- 
 fwer then that which was fetdowne 
 in a paper I then delivered to thefaid 
 Mr- Corbet) vvhich folioweth in thcfc 
 *vorHs. 
 
 tbe l^ouff of Commons fo^ l^iff^ 
 
 no? obe^ms t\jt potoft^ of t\)t 
 Ctto l^oufeo, afeli)(TttiS to t%t 
 i(iKg tnt^stsacre, 3R&en? tbis 
 
 anD ott!^ potset bp t\)t Ila1»ts 
 9lf / antteint^e itiitg : 3ilf jS 
 ^oulD fttroitt to an? c^aminatUtr 
 3iettlfri)f(omi?ettr ^oiscv, to^icb 
 i)? t^e i$)cgatit)f ^atb ftantis in 
 
oalt) cottf eite t|}c pttott to lie in 
 ano fo condemn nsp ft If, a 
 raUont, ttit)tc^ 31 nc it|)er ou^t 
 BO? tt III Doe. 
 
 llamftte^ne to obet?t!)e£tfng» 
 anottie&atecs oft^ielaiiD} 
 Jbat e not potxier to c iramin e me 
 
 ^OSttltj pattent o} Commtsfion ; if 
 |0u can9?oT>uceeitbcrct)er(of, 31 
 
 l^^opotino J ftbcrtstfc 31 cannot 
 attdset tbtreto,teUi)Ottt tbe b?eacii 
 ofmvf^atl), anb tb« Melatton of 
 tbe Wxe».)x>})U%Ji3sili itotboto 
 fabr ttt; It^. 
 
 ^ou^oiitfeibes, sUofsont^iH 
 PavUatnmt, t«t)f ftoo;n tfjatt^s 
 miftg is onr oni? aab fnpteame ^ 
 <0oberuoai: ; ^wt Pjotefiatien, 
 rout ^olD aim CobeRant> tour 
 folemne freague anb Cobenant, 
 tour ID^ciatationS) alt of t^tm 
 pQbU(t)t totb" ^ingbetttf, tbat 
 foutfcope i0 the mainten^^of 
 tljeJLatoeo j t^iolc ialMlB are anb 
 muilbebetibebtous, ano cntibta 
 tiebbctbcenelH fup^eame dfobera 
 (tout, tbe jfountaine ofiitQtce, 
 aitb tbe life of t{}« lato, tbe King. 
 Ct}e ParUatnentis are calUb bp bis 
 8WjUi5> t\ji ittbgesat at P«t- 
 
 tentf^ 
 
(66) 
 
 it^iefjte a 'ce toe -a\» H. can^ 
 
 neitl)er can, ne? tDtUj naj Oigbt^ 
 tou toejcavniitc me up an? qae-*^ 
 ftioi.s, , /Ji.ttt tf as p.Tito^tc dSeiitU-^ 
 jncii,?ott{l3ail bf p jaC^Q to aslie ai? 
 at'.^qttctf ?ns, .31 ftjad csali? an& 
 
 ^ ' — t:? i "n r i i '''^ .?^ * 
 
 Th 1 5 P 1 pr r h -it h been mi f-rf prefen, 
 ted ro the goo J people of thisCity by a 
 printed onc,9 iling it my jRecantaiion, 
 viiich J oivn not v aJid befid«! is in it 
 felfrepugn-ant (juft-like thcte times) 
 the Body f 4Us out wixh the Head, To 
 vindicate my ff H from that Recantaci- 
 eHg^d to publiflii to the world the rgi^ 
 alty ofrk#*aper then delivered ro Mr« 
 Corbet, and the matter thereim con * 
 tained, 1 have publi(bsd this enfuing 
 difcotiile, , 
 
 No perfon who tath cornmitted 
 CreafoH, ^utDpr , o? ^ilmtt, 
 bath any affuranee atall jfor fo.aiuch 
 
\fl$anhourc oflife,LanJg or Cood'y, 
 \ithouc the £ifns0 firatieus t>ai^ss 
 
 
 
 The King is not blttuaUp in the 
 tweHoufcs at l!!8teftmtttftcr,v»kcreby 
 they may give any aflur-incc all to 
 .anyperfon,in any tbingi fof ny fuch^ 
 
 t offence. f 
 I . Cf}el^6ufc Of Commons l)at}r # 
 
 DecIatCl) to the Kin^doice in their 
 Declaratisn ofthcxS. of ^l^ebcttlbet: 
 iaftjtothc ifecottf Papers, t)^8,«i)a« 
 t|)e j^<tis«t tt)i6 ttttie <s not in a 
 
 COnWtlontOgeDerRCt No pcrfonop 
 
 theicfoie it is impoflfible that tfecy: 
 fccuW have a yertue from the l^jng-t? 
 govern, which ihey declaie he hath not 
 himfelftogive. 
 
 z. The Law of the Land js, ^^st , 
 
 ttepetfoniniltii? 0atUarmttt,l);itb ^'f^ 
 abokcjn tl)« i^oufs of Co "mon0, ^'^^^^ ^' 
 tuttljatDe OanT)0 a p:tfcn ts all 
 fmcnffl sn^ putt?off » ac if \j|y)al> 
 RC^cr been tlccteH 0: r^uTwcD, if 
 be f 0 ! c be fit in '^o*. ■ fe« b ? tafe« 
 tiotbtsoatb npontbc bo ^ (Kban- 
 Bt«a0,tbat tbefetn5S:^aufl;e j0 
 tbcfnlp..ns fupicamc dSo^ctnour 
 obcr all tjf tfon0 »n all Caufcs. All 
 ihc Menders of the fatd Houfc have 
 
 thing can derive a.vtrtue to other men, 
 or thingSjwhkh it feU hath not ; and 
 
 taken 
 
C^8) 
 
 taken ir,and at all timer as theJMtm 
 returned doe take it j othcrwife the# 
 have no colour to intermeddle witn 
 the publick Affaires, How doth this 
 Solemne and Legall Oath agreewith 
 their faid Declaration , ^l)at t^t 
 
 fiing ts in na (iHtdttien t« gabe rn i 
 
 "By the one it is Iworne, he is the on= 
 )y fuprcme Governotir j by the other, 
 that he is not in a condition so go- 
 Tcrnc. 
 
 The Oath is not, that the iCing' 
 was, or ought to be, or had becne, be- 
 fore he was feduced by il Councell^ur 
 onfyand fupreativc Goveruour in all 
 CaBfes, dver all perfons ; but in the 
 pccfent tenfc, tbat |je Olttaai? ftWlT 
 (up^tm (S>ObernOttr at this prefent 
 iaallCaufesand over all perfons, 
 they the fame perfons fwcar one thing,, 
 and declare to the Kingdorae the con- 
 trary ofthe fame thing, at the fame 
 time, in tbat virhich concerneth the 
 weale of all thir Natron. 
 
 4miBh§ Miffifters in the Pulpits doe 
 not fayjwhfk they fwear in the Huufe 
 ofGomnons. Whoever heard fiths 
 cnce this unnacurall Warre, any of 
 their Presbyters attribute that to his 
 Maiefiy which tht y fweare ? The rco . 
 fon is thiSjtheir oath is taken at SSted- 
 iRtnO(t amongft themfelycs ; that 
 
 whick 
 
^which their Minifters pray and preach 
 \goes amongft the people. ToteJIthc 
 \opk that the King is now their only 
 andfupremeGovcrnourinallCaufcj 
 is contrary t« that the Houfcs do now 
 pradife, and to all they aft and main- 
 lairc, rhey, t\)t ttDO i^eufc« foj= 
 • footU, are the only and Capteamc Go- 
 r vernonrsin default of the King, for 
 ^that he hath Jefthij great Counccll 
 and will not come to them, and yet the' 
 K'Bg<3efires to come, but they will not 
 flofter him, but keep him prifoner at 
 i^Olmbgr fo well doc their Adions and 
 Oaths agree. 
 
 5. They fwear no\y, l^ing Clja^lftf 
 istkcir onlyandfuprcamc Governor- 
 hut with a refolution at the time of the 
 Oath takmg,and before and after,that 
 he fliall not be only or fupreame Go. 
 vernour, or only and fupreame, but not 
 any Govcrnour at all : For there is no 
 point of Government, butforfome 
 yearcspaftthcy have taken td them- 
 felves,and ulcd his name only, toa- 
 bufe and deceivQ the people.m 
 
 6. That this Yirtuall power is a mecr 
 fiftion, their Propoficions fcnt tc 
 fOjD- to l^etocaftle, to be figned by 
 thef^ing, doe prove it fo. What needs 
 this ado, if chey have the rirtuall pow- 
 er with ihew at mHiminU^X? 
 
 7*To 
 
7, To affirm that the i^iti%spoyf&sj 
 (which is the venue they/alk of) is fiT 
 parsWf from hiJ perfoa is High rre# 
 fonby the Law ot the Land j which 
 is fo declared by that learned man of 
 the La.^, Sir CDteatU CoofeC J 
 fo much maginficd byihii preicnt^ 
 ParUamenr, w'lo in the 7- pa^t of his* 
 jjeportsio Calt)tn0c l-,f J.ii.laithJ 
 thtuUst et tg'C 0* OElitoatB tlb? 
 fecona. €bt^ p5n^«^'Sf fatl^t 
 asiD ^o!me,to coWit)« ^tfa'"eg 
 
 ' tW Damtiable anu nartmeD Of >.tt4= 
 en,t^at t?omag2 antJ osl^ of i^tgc= 
 «nce»acmo?E mfon of t';e 
 
 Httqae capirttg) tl)cn rcafiwi of 
 ttjcperfon oft^c tlt giipo.i .v^tc\) 
 optiUBntlK^ tnfetr«B the? ct;ecta= 
 hlz anb tcteUabls coisftqacnwg. 
 I , ^fthei^ing 50C not ocir.eare 
 |)imfdfe ttatan in ti c r<ftl)r of 
 Ijis ©tcmupj^is Utegcfi arc bounu 
 bv^atv. to remote tbe lining t fee* 
 tnfftft Ifce ife^ng coui^ act be res 
 fOjmcb ftfte «f iLatX), tfeat ougbt 
 to belone per afptrte that 46 b? 
 fo?cc.? Cbat!)tsfi/tr8e6beb8unli 
 toaobcrHettt aititot})m, antJtn 
 Default of l)tiMiall txtbich toeicc^n= 
 Dcmncbb^ ti»o|^arUam?nt3, o«« 
 
\m Hugon.i Ifi Spenu and ifae other 
 
 j And that thc,n>tural tody and poll, 
 rick n^akcs one irfdivilIft!'e bvid[y -& that 
 thcfetwo boJics inc6r|J6r«e in one . 
 
 jjfrfon make one body and not ^divers, 
 
 ii^ rtTolved .is the law o{ 0ng. i '^iFlij* 
 
 CatU'. L.Chi felufti cc Of Eng. Sir 
 
 t>'icfB:iinn r fthf (Cjcit'fqucf, & by 
 ths reft o'"che Jiiffg* s,^ ^''>.fuft;ce Jga- 
 0aU,U.ft r a^jotfn.ki^licf Cojbet, 
 luftiCG iBtOo^ Baroi. JpceiJt^ Ca- 
 tUS and Fetotrc! S-^tgcant to the 
 Q^ee<-'^;:©atjfart y^ttufheV^ene- 
 rSlH Ci tetl ^ •t^rny of the S)litC|)P, 
 
 ■ PlOto^fn the lei rcdftmanof vbac 
 
 1 age,in the knowledge of the La'Wjand 
 
 ; CuftoiinesofTh- Realwe, 
 
 8. Xhc Ltvv in all ages withoi-.t a ^.Hcn<lt 
 
 I nycofitrovcrficisand faith bcen f lb ; 2^ugna 
 
 ne^ct bf PatWament btP.Difi tl)t rharta.s* 
 
 cOUt in. every 
 
 ! tlJcafTeut Of t^c Sfetng, titlm fn ege tti this 
 Pctfoft, Lame, ^eoBs. o; i ante, day,andm 
 No man can fliew any fiU^ble, letter, e%cty. 
 erl'me to the contrary in the booVes t^iK^s time 
 of thcLaw, or printed Aflis o* Parii- as ap.fif.grs 
 ^rncrn-/ in«ny age mth« Land *" iHytbe^S^ 
 
 the mPrinti 
 
i.part of the virtuall power be in the Houfes. 
 the infiit. there needs no affcnt of the Kings.l U« 
 Se^i.^i4» ftilcsof the Ads printed ttom 9.^. 
 
 infine 5. to i. ^en. 7. f 'i" 1^ 
 where mx- ftina ojtatncs at *'a^^*am6'in 
 ny of the &c. ot tl}e fetng ort4t«6tt) be tee 
 
 drc M 7 . tons, aiiD at t^)C ^umtts <»f 
 He;> 7.1 4 tbc Comnsons, &c. in W«n. 7, ma 
 time the Snle alttrcd, and hath fifhj 
 7. »o. ence continued thus j 3[lt 4 » OJt>ain|ft 
 
 3Lojtts fpttttuattano *«m«»o»aU,ai*,. 
 Commons in m 
 went tffsmWet : 5"o that alwayesthe 
 affent of the ICing giveth the l.fe to allj 
 as the fouk to the body and iherf ore; 
 I outl.aw.booke$ call t^e fetng, m 
 
 * ifoutttat«cof3lluCK«, anOt^ftUftj 
 
 of tbez^alD. 
 
 i.H«f.4/. Mercy as well as Jttttice be- 
 longs by the Law ofthcLandonclyj 
 to theiCing. Thisis confeffcd byi 
 ^fi' . Mr. P4Pil,and it is fo without any 
 ^f: qusftion: The King can onely par- 
 mbistrea- ij,^ never mote caufc tohari 
 tift of the fufficient pardons thdn in foch trou 
 ^'■^f^, blefome times as thefc, and god kni 
 SedeFol, „ pardons and peace ; None cangivJ 
 /.anypardon, battheK^ngby thcla« 
 
 «oi»ct of »atwm«2 fCiwfonj 
 
(11) 
 
 V&ni Felmes belongs to the l^rrtg, are the 
 Iw.onlsofchc Law, and ic is a delufi- 
 on cotaiv>e it from any ocher, and ut- 
 terly invalid.27. Hen. 8. cap. 24. 
 
 10 C>ueioe £lix,abeth fummo- 
 ned her firft P.itiia near, to be held 
 , the 2 J. of Jan. in the fiiit year of her 
 Majt^^fties Rxigne ; The Lords and 
 1 ■Gornmons afTemblcd by force of the • # 
 ^ /imd Writ, the 2 1 day the C^ecn fell, 
 Iickjand coaUi not appeare in her per- 
 ffon in Porliimeut that d.iy,3nd there- 
 fore prorogued it untill the 15 of the 
 fimc moneth of January : Refolved 
 bf ill the Judges, ef Enghnd,. thut 
 the Purlmmmt began not the day of the j. afEU?; 
 return of the H'rit, viz. the 25. sf'Vter.i^i', 
 January, when the Lords and Com, 
 m^s appeared, but the 2$. of the faid 
 moneth when the J^een came came in 
 perfon J which /Tiewcch evidently that 
 this virtuall prefence is a meere delu- 
 ding fiftion that hath no ground in 
 Law, reafon, or fence. They have 
 the King now a prifoner ^t^^hy^ 
 with guards upon him, aid ye^ey 
 govern by the vircinll power of their 
 Prifoner. Thefe are lonie few of., 
 thecaufcsand rcafons which moved 
 me to deliver that P.'.per to Mr. Cor- 
 betj which I am ready to juftific with 
 my iife,and fliould bold it a great be- 
 E noivr 
 
nonr to dye foe the honourable, 
 and holy Laws oi the UndH 
 that which will fave this Lind 
 from deftruaion , is, alt 0Ct 
 
 Of mmi^n ano ^iQ m^^'- 
 ftits gracious generalparuoita 
 f Ije mMtv&mit arrears^an J 
 g^erg man His oton. ant tvm 
 ano peace ettaWffi&eo in t&e 
 HaiiO, ant a fatjorable regard 
 |at to t^je fatfsfactian of ten* 
 derconfciences. 
 
 April 19' i^^7' 
 
 *Da.vU Jenkins. 
 
THE 
 
 ^ARMIES 
 
 INDEMNITY, 
 With Addition.- 
 
 ' Together, * * 
 
 ) With a Declaration lliewiiig 
 haw every Subje(5t of EngUni 
 ou''ht lo be tryed for Treafons, Fe- 
 lonies, and all other Capit-all 
 Crimes, as ic is fet down in 
 the Lawes of the 
 Land. 
 
 By J>avidjen\im, now Prifoner in th? 
 Tower of London. 
 
 Printed in the Yeer 1648. . 
 
(70 
 
 ^> fi^'is 1 
 
 The Armies Indemnity ,&c. 
 
 UPonthe p'.iblifliiRg of the Oiv 
 dinance ofthe 2 2 of Maylaft, 
 % • ior the Indemnity ofthe Army-j cer- 
 tain Gentlemen well a'fFcded ro the 
 peace of tli^ Kingdom, andfafetyo 
 the Army, dcfired me to fet down in 
 writing, whether by the Law of the 
 Land, the laid Ordinance did feciire 
 them from danger as to the sfiattci's 
 therein mentioned : For whofe fatif- 
 fadion in a biilincfs wherein the liv es 
 and fortunes of fo many men were 
 concerned^, and the peace of the king- 
 dome involved, I conceived I was 
 bound in duty and confcience faith- 
 . ■ fuHy and truly to fet down what the 
 Law of theLand therein is^which ac- 
 cordingly I have with all iincerity ex- 
 pre|i^ iathis following difcoitrfe. 
 Thedai^er of the Army by th<^ 
 sj.- Ed./^e, Law of the Land is apparent to alf 
 ai. , men; It is high Treafon by the Law 
 iRi-e. J, of the Land to leavie war againft the 
 i^ i'tLy' ^^^a' ^° compafle or imagine his 
 ir M4r.e_io ^^^^^i or the death of his Queen, or- 
 of his eldeli Sonne ^ to counterfeit 
 
 his 
 
(77) 
 
 k his Money or his great Scale j They 
 ■arc the very words of the Law : O- 
 rhcrTreafons then arc fpecificd in 
 that Ad arc declared to be no Trca- 
 fons untill th. King and his Parlia- 
 ment lhall declare otfierwife, thty arc 
 , the very words of the LawjKing and j 
 
 Commons^ King and Lords, Com- fiit.pa^. 22. 
 ^ nions and Lords cannot declare any &^p<afm' 
 -other thing to be treafon then there is ^'o'l^^f^"^' 
 Idedaredjas appears by the Lord Ceo^ far^itijitt. f. 
 Jin the places cited in the Margin A 33.48 ap. 
 Lawbook publifhed by order of the fan 
 Houfe ofComnions this Parliament, {q^' p^^^^ 
 as appears in the laft leaf of the 2 Mdi%^ 
 part of tbelnftituces pabliilied like- 
 wife by their Order. 
 
 The Refolutions of all the Jud- 
 ges of England, upon the fiid Sea- v'f**. 
 ° /• , ° ^ • the Sollict- 
 
 tiiteof the2 5. Ed.3. ( as appears in t<,urinhis 
 
 thefaid third part ot the luilitutes, ipecchupon 
 Ch(^. High-Treafon) have beene, thearrai|n- 
 that to imprifon the King untill he "lentofthc 
 agree to certain demands is High- straffttd. 
 Treafonjtofeife his PortSjFortSjMa- Printedby 
 gaiine for War, areHigl#TR eSon j order of the 
 to alter the Laws is High Treafon. ^"''eaf 
 : :^The word King in the Statute of r,"'"™^"* 
 . 25,Erf.:?.c<ij). 2. muft be underftood ^ ^' 
 of the Kings naturall perfon j for that 
 perfou can onely dye, have a Wife, 
 have Son, orbeimprifoned., 
 
 E 3 T he 
 
ffjnp^zl' ^^^^'^^^8^ Parliament pro^ 
 
 ■f" >' teds no man fromTreafcn or fclon)J 
 faowbcit he be a Member ; much lefif 
 can they proteft others : thofe wha 
 cannot proted: tfaemlelvcs, have no 
 colour to make Ordinances tf> pro- 
 ted others who arc no Members. 
 11. H%g.i. The Statute of ii. Hen 7. cap. I. 
 « • doth by cxprtisV; words free all per- 
 fons who adhere to the King. ^ 
 ^t4n,M.J. The Army by an AA of Indcml 
 lieFl^u- ^'^'^ themfclves from all thofdj 
 tuMatlarge <^angers, which anOrdiamcc can no 
 ^44 more dothcn repeal all thc Lawesof 
 
 ao.£i.},*.i. ^{je Land, the whole and foie pow- 
 
 f ^7 ^7^.^^-'^ ^}\ Treafons,fe- 
 ^"S- 3J 43. "^"'g lokiy and wholly 
 
 , in the King, as is cleared by the Stz- 
 
 tuteof 27.H.8.c.a4. and the Law of 
 the Land in all times* 
 
 Having /hewed the dang/er of the 
 Army by the Law of the Land^ next 
 confiJer the Ordinance of the 
 Lords and Commons publiflicd the 
 May laft for their inderoniiyr 
 bytheenfiKng difeoiu feii doth ap- 
 pear they have no in-dtmnity atall 
 . thereby. 
 
 The Indemnity propofed bytf^e 
 Ordinance is for any Ad done by the 
 auchority of the Pari, or for the fcr- 
 meoi btnefis tkreofj and that the 
 
 Jtidges, 
 
' Judges and all other miniftt rs of J* 
 k fticc Avail allow thereof. 
 
 This Ordinance cannot fccure tbe 
 Army for thefcreafons. 
 
 I. Their Judges arc fworn to do ^.Tars lajt. 
 ijuftice according to the Law of the '^^^.12. 
 Land, and therefore the Judges muft ^p't^ ffiit. 
 bctorfworn mcnif they ob^yit; be- f pii^j},^, 
 cauican Ordinance of both Houles is i^.* 
 no Law of tbe Lind,and no iman can ^'r nces C"^ 
 believe they wiH jjtrjm-e tbemfelves *•''*/'»''«• 
 fo palpably and vilibly in the eye of 
 the WQfld- , , . 
 
 All trialls for trcafon'i, felonies, Mag. \^k»^ 
 v«obbcries,and fiich like capital cfTcn- 
 i'iccs,3re by the Law of the Land to be \ ^«'-3.*.4» 
 % indianicnt of a Jury appointed J'lv' -'..^j 
 out of the Neighbourhood where the ii%. e. 3%,^, 
 .offence was done. There is no com- 
 toon Jury man but UHderftand s what 
 rf*he Law is in thefc < afes as wcl as the 
 belt Lawyers,and the Law makes the 
 Jury Judges of the fad, whereby the ^tUmitn 
 JSoildier is left to their mercy whom 'f*!^ -^""'■T 
 :-ic h„h ofendedras r»|ge^th=m Z^ZZ^ 
 have lately had woful^expericnce, /?r,«,jd6j,)^ 
 and thereupon do rightly apprehend *ppomm*i>t 
 their danger) Now no man can think "/ offitm 
 tkat the Jurors wil perjure themfelvcs-^J^'***^ 
 'to acquit thcfoldiers for robbing and 
 ^Uindring of tbe Countries and 
 tliereby utterly -deftroy their owne 
 
 Righis^ 
 
(So) ' 
 R'ghts and Properties. A 
 
 3 If the Judges conceive (as they m 
 may) that the taking of other mens 
 horfes or goods is not by the authori- 
 ty of Parliament, or for the fervice 
 and benefit thereof, the Souldier dyes 
 for itj they may fay to fteale or rob a- 
 ny man of his goods is not for the 
 ^ • Parliaments fervice but againfl ir, ^ 
 which Wis alwayes the fenle of the J 
 peoplcjand doubtlelfe the Jurors will ■ 
 not think otherwife. \ 
 ^ptrs infiiu 4' This Ordinance is reft.raincd to 
 ftz-i. the aathourity fervice or benefit of 
 3 the RirJ, The Lords and Commons 
 
 ^i^pars'inSit ^^^^ "° more a Parliament by the 
 f(^. I, ' L ivv of the Landjthcn a body witbmit 
 aS.H 8^11 ahead makes a manjfor a Parliament 
 DieriSa.S is a body compokdof a King their 
 fi'^^ ao brad J Tht Lords and Commons the 
 t];arj^iBfitt. M mberj.. All three together make 
 * 59 ' one body, and that is the Parl.and no 
 Prints cafe, otherimd tht Judges may, oiight,and 
 8, Reports. J beheve^wil according to their oathjs 
 pioc^^^rot bound at all by this 
 Ordman* 9oi it is veftrained to the 
 authority of Pari, fervice or benefit 
 ^thereof, whereas the twoHonfesare 
 not the Pari, but one^y parts thereof, 
 and by the ah fe and mifunderftand- 
 ding of this word Parliament they 
 have miferably dectiycd the peeole, 
 
 5. This 
 
5 Tins Ordinance is againft tfieir 18 
 X)rc{inancc which exprefly prohibits '^4^ 
 •plunderingjand fo there is one Ordi- ColLofO. d. 
 nance againft another, whereby their 5^5.^5'^/, 
 Judges have an out-let ro proceed on 60$ fevera'l 
 the one or the otlier, and thereby the Ordinances. 
 Army hath no maimer of fecurity. 
 6 The word Far/iamen/ is a French t pa^ iMt. 
 • word (howbeitjfiich Aflemblies were 
 Jefore the Norman Conqueft here,) ^ 
 And iignifies in that langirage to con- 
 •fiilt and treat i that is the Tenfe of the 
 word Fdr/er in the French Tongue. 
 The Writ whereby the two Houfes 
 are aflembled^wliich is called the writ 
 Summons of Parliament, at all 
 titnes, and at this Parliament ufed, 
 and which is the waiTant,ground,and 
 foundation of their meeting, is for 
 the Lords of the Hdufe of Peers, the 
 Judges and Kings Counceil to con- 
 fult and treat with the King (that is 
 the Parler) of great concernments , 
 touching //■/? the King, fecmdly the 
 defence of his kingdom,t^^iif t!fWc. 
 fe^?e of the Church of England, Ik 
 canno-t be a Parliament that will not 
 parle with their King,but keep him in 
 prifon, and not fuffer him to come to 
 them&parie, and therefore the law, 
 a;id fenfe, and reafon informing eve- 
 ry man, that is no manner of Parlia- 
 ment 
 
(82) J 
 ment ( the king with whom thewJ 
 Ibould p?-rle, bdng fo reftiaitied, thaT 
 they wil not park with him) j tlie Ar-; 
 
 my luth no manner of feciirity by thi$ 
 Ordinance jfor their indempnificati- 
 on referrs to that which is not in he- 
 me untill the king be at liberty. 
 VIA •„ 7 It is ^^^^ p-robabic tint 
 Tl*c»non J ^^^^^^ ,tie laft CircuitJ 
 
 coHdApoi. hadlnilrudionsto the efFeft cHhiM 
 Ordinance , but they the 3 udges ma-| 
 SixGricv n- king confcienceof their Oath, laid 
 ces of the afide the faid i-nftruain-nSjand ought, 
 Ariry,pub!i- j^ay, and it is beleeved will no 
 fted 15 May ^^^^ ^ ^^-^^ Ordinance^theathft. 
 
 ¥£ecGrie- faidlnftruaions : What was doneUT 
 »aace$ of the laft Circuit the Army wd knows^ 
 Col. Rich's toachin<^ many of their ieliow-ioul- 
 Regiment, ^j^^.^^ = 
 
 8 TtieHoufcs in their firft Proportion to 
 fcis Majefty for a lafe and wcU « 
 Peace, fent CO Newcaftle to defire a pardon 
 from his Mijcfty for themfelves : they who 
 defire apardan, cannot grant a pardon 
 fcommon reafoh diftaccs this to every man! 
 an*lfce«r^ that the Army fliould acoept 
 an Indempfiry from them who feck « tot 
 themfclv«s, or ihould conceive it ot any 
 manner of force,i$ a fancy : fo that no man 
 in thewholc Army but ma)r apprehend/ti« 
 it is vain,and a mecr deWion ^ » 
 
 9 His Majefty by his gncious Meffagei^ 
 thp ri of May laft, hath offered anAdt* 
 OWivion, and a gencraU pard»n to a! 1 h« 
 
|^p«o{>le i thisdonCjthe Law doth in^mnifie 
 l^&ie Army (wichont all manner of rcruplejt 
 «r any thing that hath been done i for it is 
 -an Aft of Parliament, when he King and 
 ovo Houfes c(»icurre> and biadesall men. . 
 There is no fafety by the Ordinance i there 
 i£ ^ftty bf an A&of Parliament : And wil 
 n*c reafooable men prefer that vAikh is 
 ' <afc before that which is unfafe? 
 
 . lo His Majefty by his laid Letter agrees 
 topay the Arrears of the Army; lamfiire « 
 lat it is a Publick Debt, and tlie chiefeft 
 nd the firft thar by the two Hcx^s IhouU 
 paid,aBd before any Dividend or gratoi* 
 es beftowed among thcmfelvcs jfor their 
 blood, limbs and lives have put and kcpe 
 both the Mouies at reft in the power they 
 have .* So by this concurrence of his Maj^^ 
 tty for your indcmnity,andfor your arrears 
 the Army have not an Ordinance, or the 
 Publick Faith, butthe Law the Land to 
 make ftire unco them their Indemnity ier 
 all Afis^and for their Arrears, aod there- 
 with ilfo bring peace to the Land* 
 
 1 1 The Kingdom and people generally 
 defire thefe things. To fuch an Army jaft j^j. <7»yg„ 
 and reafenablc things rauft not be denycd j speech a- 
 che things formerly propofed are mofljuft njjnft jjjg 
 and reafonable, you may have them ' fyoa Earl of ■S/wA 
 will J ifyou will not,you render this King. i<y. 
 dom n,iftrable,wherein you will ^vQ^ur gix ttnSdent* 
 &aies of miferies : Tkc head Jmbe body printtd 
 are fuch an incorporation as cannot be dif- by tbt com~ 
 folved w thout the dcftruftion of both. fntmd cf tht 
 
 The Additional! Ordinance of both Heu- Houfi tf 
 ks pafifcd the fifth of luae inftant for the Ctmmtnt, 
 fuller iodemnity of the Army, makes no- 
 tliingatalltothe matter • For that extends 
 Jiot to FcIony,Homicide,BMiglary,Robbe- 
 fJiK apy 9iUr capiu) cyimc; wkickis the 
 
 Main 
 
(84) 
 
 main bafineflcinfiftcd upon, and moftcon- i 
 ccrHCth chi Souldiers fccunty M 
 iz The both Houfts in the laid adslitiG^ 
 iiallOL-dmance fay.that it is expedient chat • 
 all offences be pardoned 8c put m oblivion:, 
 pardoa & oblivion Ganaot be anderftood to 
 be for a time, but for ever j aad they them- 
 felvcs confers,that aa Ordinance is not bin- 
 ding but pro t«t»pore, whieh with the moft; 
 advantagious interpretation can be but a 
 A • reprieve or delay of the execucion of the | 
 Law i and therefore that cannot pardon_ot^ 
 put in oblivion by their own fhewing. ■ 
 But the Law of tVie Laad is, Cand foiil 
 . o e , , . hath conftantly been praftifedin all times) | 
 ay.n.o.c.i^ tkatno perfons,of whaccftatefocver.havc 
 any power to pardsn Treafon, Felonvjor 
 any other offences, but the King oncly,who 
 hath the Cole and whole power to pardon 
 all fach crimes whatfbever. And in the fame 
 manner an Ordinance is of no Authority ae 
 all to take away the right of private mens 
 aftionsjby anycvidcnccit can gtvc;in truth 
 all the evidencn that this Ordinance will 
 give,is, th»t it records to pofterity nothing 
 • but a lawleflc and diftcmpered time. 
 
 For remedy thereof 1 fay acain. It is a 
 certain truth, this Kingdom without an Aft 
 of OblivioHj and a general paf4on, and the 
 payment of SouldicrsAtrearsj andarne«t 
 rcga^ih^ to tender confcicnces, will v»k 
 . avolaabiy i#ruined. 
 
 J«ne 10,1647. 
 
 D ATI D J E N K 14 5, 
 
 Prifoner ill the Tower 
 V' "^, of X^o B e N. 
 
 Sundry 
 
I SundryAds of Parliament 
 mentioned and cited in the 
 ' Armies fndempniti'es :fet forth 
 I in words at large , for the 
 A betrcr fatisfadlion of fuch 
 
 M as defire to be rightly 
 |y informed. 
 
 25 Edw, Chap.2. 
 JD(claration ^bat offences fhal 
 be adiuclged Treafon, 
 
 OH0 fjatje been before 
 t|)fsftm;e fit tu^at cafe %xm* 
 ton Cl^aii {10 fatO) ano t'n iD^af 
 not I S^^e ?&irtg at tl^e reqaeffc 
 of f^elto?u<5 an^ofi^^Uhi* 
 mons,ftatbmaiie a SDccIaratf^ 
 on in ft)0 manner aa %tKtnfttv 
 follotoetft : 2Cl^af is fo fa^ , 
 MI)en a man uot^ compatte 
 0} imastne t^e neat^ of our 
 iF Bloao 
 
(96) 
 
 %m eiie Mm, o? of our ilaog 
 
 anu ^tiK X 0% tio tJtoIafe f l^e 
 3^tng0com|janfen.oj fl^ei^fngs 
 elueit 2D5Hgftter unmarried, 
 oj tfteMtfe office iimjss elDet 
 ^onanDi^eir; o^ffamanoo 
 • • letjfe MaV agamlt tlje ^ojb 
 our ^ttig tn tRealm, o^ bl 
 adherent to tl^e ^tngo d^nel 
 Kites in l^ts Mealm. gibfnglo 
 i%tm ato ano comfort in flje 
 3ilealm, 0? clfe'to^ere, anu 
 ificreof be pjobablp atfainfeD 
 of open D^eD fe^ people offlje^r 
 condttton : ^nu tf a man toviw 
 tzxmt f fee i&fng0 great ty% pjf* 
 5bie ii>eaI,o; ftis ^ponp : ano if 
 «Hp man bji'ng falfe mon^ m» 
 to t^i0 Kealm, counterfeit to 
 t^m»^ of QBngland, auD t^e 
 iiionpcaUeD3y,usfanrg&, oj o^ 
 tl^er lifee to t^e fato mong of 
 c^nglanD, ic. 
 
 II . Hen. 
 
I I. Hen.7. Chap,T. 
 
 Mo»e th.it fh'ifl attend upon the 
 King, and do him true fervte^ (hall be 
 attaint :dj or forfeit any thing. 
 
 .qp^elSfttg our ^otecfgtr 
 I A llojti vMnz f& xtmzm* 
 mimtz tiietJiitPOf^Uegtancc 
 'of !if0 S>nbtccf0 oftlbfs W 
 l^lealm, $ t^af fl&e^ bp rcafon 
 c f fame are bounu to fertje 
 tljetr ^jfnceanu ^o^craigne 
 ILo^D fo; f&e time being in fji^ 
 Mar3,fojf l)e Defence of bim f 
 t^e 5.anD againtt e^er^ rebel* 
 lion,poU3er 1 migbt raited anu 
 reared againtt bim, and toifi^ 
 bim to enter 1 abide in fertJicc 
 in battel ,tf cafe fo require>sn& 
 fbat foj tbe fameferiiift i0bat 
 fortune etjer fallbp cbanceiti 
 fbe fame bat^U againt tbe 
 minde and Uiill of tbe prince 
 (a0 in tbt0 i.and fometime 
 paired batbb^wf^^") Wis 
 
 i? 2 MOt 
 
rp8) 
 
 mt reafona&le, but agaftift aiU 
 lato0,reafon i g£9t> cofifcfencef 
 t^af tlje faiD ^ubjecta go ng; 
 Mtl) tijefr ^otjeraign tii 
 tMar0,affenDtng upon ^iim m 
 J)f0 perfoit, feeing mofljer 
 |ilace0 fits tmmanhmznt 
 Soffijm {^iJ?Lantj o^tutt^ouf-aji 
 tigt^ing r&oulB lofeoj fojfcffl 
 
 of3Ucgmiuc. 3(f be f lierefo je 
 c^tjafncD ,enad:ei5 anB cttabitlii 
 ieu bp 11)0 Btn0 om ^ot}eraisn, 
 bg t'o^J ao^ice anu aCCent of 
 3lo^Ds g^pt'n'tualans Ce'Tipo* 
 rall,ano tbe Commons mtl)is 
 pjefer.t pavU'ament aCfembleft 
 Etta bp aatbojitp of tbe fameV 
 tl^ai from f)tmtto%i)^ m mail' 
 nerofperfon o^perfone isfjat- 
 roetjer%^j tbep be, f bat at' 
 teno upon tbe ^^mganu ^ot32^. 
 turn 5toj0 of tl)<s Blano foi 
 tbe time being, in perfon, 
 tm 00 biiti true anB fait^fuU 
 (ert3ice of jauesiance tn fbe 
 
 tmm, 
 
(99) 
 
 ti% ht in ofl^cr places 
 \iQ commanDment (n tears 
 . \siitW lanu ; tuff ftouf , 
 Idat foj fbe fafn DaeD anD fnie. 
 Dutp of Allegiance, Ije f^je? 
 , fternnotDifeconWctojaffafnf 
 of ftigft f reafon .. noj of ot^ier of' 
 kfence0fojt^)atcaurejlJ?^*ctof • • 
 Iparltament, o^ otijertoffe bp 
 fan? |9jocetIe iJf latB Vj^ercbg 
 fte 01 anp of tfjem II) aU lofe o^. 
 foafeff life, la«D0, tenemenf^j 
 rents, poCCelTtonSj l^ereoto 
 ments g©O0,c^af(el0, ojanp 
 oflber tWttSS i but to be foj tfjat 
 anD fertjfce utferip off* 
 fbargeo of anp tJejcafi'on, f roa* 
 |le,oi loflfe. :anD if anp iSrt oi, 
 <act0, oj ofber ^^oceCTc of f fje 
 ILatDliereafter tl^ereiipoM fo;: 
 t|e fame tjappen to Jj^ maoe 
 ccnfrarp to f^f0 £^nan£ej 
 tl^at fben tbat ^ct n ^cti3!, 
 otljer p^ocelfe ofJlaUjiB^af" 
 foel3er tl)ep 16aU be, ftano sno 
 be wtteilp tjofDv ^^o^toeo a!?. 
 
 jF3 ioai'e^f . 
 
( loo) 
 
 loaves, f Ibat no ^txim per^ j 
 fon0f&aUfafee anp benefit o;l 
 aDtJanfage bp tftts act , tofttcb 
 fiball hereafter eetltne from 
 |j<s o^tbetr fafo Allegiance, 
 
 Cap. 22. in the Statute o)r 27. 
 
 H.8. 31tt0enactetJ.tlbatnoper« 
 * * fonojperfcnSj of luftaf eftafe^ 
 ucgree itt^tx tliep be cf,l 
 i!iaU fat)e anp petuerojaufbo* 1 
 tttp fp paruon n remit ar^ 
 treafcn, muroeF0. manitaugb^ 
 fer0, cjanp fetr:teoffelonte05 
 %t buttl)at tl)e5K(ngli&aUbat3e 
 X\t fole ano toljole potoer ano 
 autl}o?!tp fbereof itiifteD anc 
 fenrt to ffje 3mper(«H CrotJWa^ 
 as of rtg^t tt apperf ametb> 
 
 And in tht: fame Statute it )S en. 
 
 adtd further, stfjaf none 16aU. 
 ijatje pii^jer.cfttJljat eftate,iie^ 
 gree, 0; ccnottion foetjcrtfte^ 
 de^ fomafee Suffices of cBp^e, 
 HuJfices cf 0fftfe> Huff tees of 
 peace, u- but all fucb ^fcb 
 mm. am> ^^ini^^rs fliiaU b^ 
 
. ( loi) 
 
 Vnatje &p Hef ters ^SLUnt^m^ 
 Vrt^elfJmgc! great a>cai, ^ti 
 tH mmznm t^e auf ^ojitg 
 offfje i^fng anu ftfa ^efrsait^ > 
 ^ucceirours , §Strtg0 of tftf i 
 • Eealm. 
 
 I Inthefirltyeer ofQileen^a^a 
 Wr^, and the firft Chapter, 3f 
 
 pbnacteD t^e ^nknM^^ tbe 
 ■foufenf of t^e 5Lo^D0 $ Com* 
 mon0,2^!jaf no ueeo oj offenr0 
 bp j^rt of ^adfamenf maoe 
 treafon^fball be f afeeHj^Q^meOy 
 o^aDiuugeD to be bfsl) SCrca^ 
 foHj btttonel^facb as benecla^^ 
 ree ano eppieCTetJ to be 2Creat« 
 fon bp fbHattofjaarliatMent 
 maoe 25- Bd. cap. 2. befijjc 
 JiteittoHe©. 
 
(102) 
 
 Kyi DecUratm ofM. David 
 Jenkins, new Prifoner in the 
 
 tomer of London, one of Bid . 
 Majefiies fudges in Wales, for 
 tr; alt ofTreafons,MurtbtrSi^ 
 ^Felonies, and all other cap- i 
 till crimes, that they ought - 1 
 onely to be by Juries ^ and ^ 
 not ethemjfe,unlefe 
 it be by ail of 
 Farliament. 
 
 T 
 
 He Common Law ofthts 
 Land is. That every free- 
 man is fubjeft to a tryail 
 by Bill of Attaincier in 
 Parliament J wherein His Majefty 
 and both Hoiifes mr.ft neceflarily 
 concurre, for that tryail and attain- 
 der is an /5 o/Fdr/iamen/j to which 
 all men ^lyubjtft. 
 « Magna a No man (ball otherwife be dc-^~ 
 Chart. 25>. ftj-oyedi&c. but by the lawful >udge« 
 fol. 28, js>, Peei Sj or by the common 
 
 48.'49' law of the land. Peers to Noblemen 
 50 cortipo- are Noblemen, Peers to the Com- 
 ^^^^/^^A monsareKnightS;Gcrtt.&c. Judge- 
 
^ ment of Peers refers to Peers, thofe publiffj-d 
 ^ words, TheLarvof the Land, refers w ^ the Or- 
 the Commons j tlic law of the Land ^'^^ 
 rsfor die tryall of the life of a free Jommonsin 
 CommonerjbylndidmentjPrefent- May, id^i, 
 ment of good and lawfull men where 4 parts in- 
 the deed is done, or by Writ originail 
 ofthe common Law; all thi's isde- 
 I clared in Mag. cbarta c ap. and by • • ' 
 
 ■ c.8. 42 Ed.c.^. If the Lords will try 
 f any man by an Ordinance, they de- 
 ftroy that excellent Ad of Mag.cUr- 
 tU) and all thofe otiicr good Lavrs. 
 
 Sir Simon de B-'reford, a free 
 Commoner of England was con- 
 demned bytheLords to deathbyan 
 Ordinance ; which after the Lords 
 b.ertcr conlidering the matter, that 
 they might be acquitted of that fen- 
 tcnce, became Tuccts to the Kin2,that ■ 
 what they had .fo done in futUKe'time 
 Riigiit riot be drawn intoprefidcnt, 
 bccaufe \.h^t whicli they had fo Hone, 
 ivas againft the Law : b with this * Rot Par. i 
 agrecs"the pradicc and •if^e of all roul.4. E.». 
 times in this Land, all the free Com- f J'agP^o* 
 moncrs of this Kingdom have al- wlil/this a*- 
 .wayes been tryed, and acquitted or g-ces Sir /<». 
 condemned in capital! caufes by Jii- Lees Cafe, 
 rorsof their equals. RocPar*4i. 
 An Ordinance'bindcth act in Law jj^j^, ^,-^1 
 
 at fticfolj. 
 
t Sec 4 part at all, c and bat pro xmprt, as the J 
 Hifi fol 23. twoHoufes now afarm, amansHfe' 
 48.2?t2p8. (-aanotbe tryed by that \yhich is not ■ 
 3pj. 2. part. , . ,. ' \ ' r it 
 
 inll fol 47. binding , and to continue tor ali, 
 
 48 i!:.64a times, for a life loft cannot be refto- 
 4 H.7 f 1 8. red. 
 
 I H 7; f-i4- By an Ad: of Parliament of the 
 fol!^ ^ ^"'i ^ of Pi!;i/7> and Mary ch.io. It 
 ' isenafted diat all trya^s for Treafon 
 hereafter to be had,flull be according 
 to the courfe of the. common Law, 
 and not otherwife. 
 
 If the crime charged upon any be 
 Treafonagainft the two Hbnfcs (a- 
 gainft the Parliamcm it cannot be, 
 for there is no Parliament without 
 the King) that it m Treafpn in Law, 
 as appears by zj.Eijf,^. chap.2. 11, 
 K. 2. chap.^, \ hen-^.ch'\o. i and 2 
 Fhjiip and Mary chap. 10. ^ pay t of the 
 Injiitutei pag. 25. 
 
 An Aft of Parliament to make any 
 a Judge where he is party, is a void 
 d Dr. "Z*. ad 3 a for none can be a Judge and 
 «4WfCafe, party in^he fame caufe 5 and therc- 
 V*^ fore the Houfc of Peers being a party 
 ports. touching the crime charged upon any 
 man whom they would try by an Or- 
 dinance for Treafon againft both 
 HoufeSjCannot be a Judge. 
 *Pctiiionof By the Petition of Right, e if any 
 
 ^ the. 
 
 1 
 
Ci05) 
 
 k the faine according to the-Lawcsof 
 % the Land eftablilhed, and not other- 
 •'. wife: but nn Ordinance of the Lords 
 is no cftablinied law. 
 
 The Protcftation, the Vow & Co- 
 venantj the folcmn League and Co- 
 venantjthe declarations of both Hou- 
 'fesjhadj made and publilhed fithencc 
 . this ujinaturall War, are amongft o- • 
 I ther things fworn and fet down^to be 
 I for the maintenance of the Lawes i 5 part Inft. 
 f the people of this land ought to enjoy 
 the benefit of their Birtli-right the 
 Law of the Land, and the making 
 good of the faid Proteftation, Vow 
 and Coveiunt, League and Cove- 
 nant, and Declarations, otherwifc 
 truth muft be faid, and will be faid, 
 that there is brought in a new arbi- 
 trary and tyrannical! Government. 
 
 If the Lords ha.^ taken one mans 
 life by an Ordinance, they are not 
 bound to take any more^ and the cafe 
 differs in cafe any appeale be made 
 from a tryal by Ordinance to a rryal 
 at common LaWjwhich wi^ot done 
 By that man whofe life was taken a- 
 way by an Ordinance. 
 
 The Lords ought to remember, 
 that his Majeityand his'Progenitors 
 have made them a houfe ofPeerSjthcy 
 we trufted to counfell him in pcacq, 
 
 /and 
 
fKevtls cafe f and. deiend him in war, his Majefty 
 8 pATz Cooks in Parliament is to confult and treat 
 KeporB. ^j^fj PeerSjand with his CounceU • 
 at Law, JadgeSj his Sergeants, Attur- ; 
 ney,and Solicitor,and Mafters of the 
 Chancery jthe Lords & that Councel 
 "by therefpedive Writs of Summons 
 to Parliament, are to give counfellj 
 4 Pars in- i ^he Houfe of Commons by- their 
 itit. fol.4,9. Writ to perform and confent. 
 2jEdi,e,t, In the hoixfe of Lords the Court 
 ' 5; . I of Parliament onely is,for they onely 
 6ii7f.»o' examine upon oath, ^with them the 
 ' King in perfon iits, and by them 
 * 14.E.3.C.5 there erroneous judgements * (upon 
 a Petition to his Majefty for obtain- 
 ing of a Writ of Error) by the advice 
 of the Judses,are rcverfed,or affi rm- 
 ed,&c. The Lords are to remember 
 that their eminency and grandeur is 
 preferved by the Laws, if they leave 
 all to will, and diflionour their King, - 
 and make nothing of the Laws, they 
 will make nothing of themfelvcs in 
 the end. 
 
 Andtlierefore it is well worth 
 your dbfervation what was faid by M. 
 John Fym a member of the Houfe of 
 Commons in his Speech againft the 
 Earle of Straford, in the beginning 
 of the Parliament, which Speech is 
 publifhed by the exprefs order of the 
 
 - Houfe 
 
ffwoufe of Commons, the words are 
 thck.The Itw is that which puts a dif- 
 ference betwixt goedandeviUy betwixt 
 iufi and uniuft , if you tal^e awiy the 
 Uwall things will faU into a confufm, 
 i'tverymanwiU become a. Laivuntohim- 
 y [elfe, -which in the depraved condition 
 
 J6f humane nature mufl needs produce • 
 ^any great enormities : Lu^ rviU be- 
 me a Law, andenvy will become a 
 ^(tw , covetdufnejfe and Ambition 
 will become Lawes , and what di- 
 : dates, what dccifm: [uch 'Lawes will • <- ~ 
 produce , may eafil^ bedifcerned, u&c. I f ^F^?' 
 They that love this Common- weS 
 \ as things now ftand.willufe all means P^^' 
 to procure and Aft of Oblivion, a ee- 
 ncrall pardon from his Majefty, ihe 
 Souldiers their Arrears, and render 
 \ confciencesa juftand rcafbnablefa- 
 
 tisfaaion,elfe we allmuft perifh, firft 
 orlaft. 
 
 Mai. 17. 1547. 
 
 God preferve His^^iaie^, and the 
 Lawes wherein their Lordfhips and 
 ibewhokKingdome are concerned. 
 
 pnvid lenlims prifonct 
 in the Tower of London. 
 
 P THE 
 
i 
 
\ THE 
 
 CORDIALL 
 
 OF 
 
 ) Judge Jenkins • 
 For the good People of 
 London. 
 
 In Reply to a Things called. 
 
 An Anlwer to the poylb* 
 
 nous fcditious Paper of Matter 
 I>4vid Jenkins By H,P. 
 
 Bariftcrof Lincolns 
 Inne, 
 
 ^^^^^^^^^^ 
 
 Printed in the Year , 1 647. 
 
(io8) 
 
 The Cordiall of 
 
 Judge Jenkins ^ for the 
 
 )good People of Lon- 
 DO N. 
 
 A Fter the faid Mr.H.p. hath 
 /% made a recital of the Heads 
 / % of my F';«i^»'m;<7«jhedcdu- 
 ■*» -^ced his Anfwer unto ihefc 
 eight par ticulars,whichfollowx.«-^5- 
 t'lm. 
 
 I 
 
 It cannothe denyed , but the Parlia- 
 l J»ent bj the K mgs >^'ntynay ^ifSU" 
 tiitc ^avf> bee greater then the Kms,s 
 Wrkyk cannot be denyed but the Pariia- 
 f ment //j, or sughtto fit byfometh'mg 
 greater then theY^'ingiWrkt^Andif it be 
 confejjcdthsit the Par]. ^ts4ftbe)Ling<^ 
 Writ, but does not by the Kings verity 
 then it muft follow, that the PMii. U 
 avoid vain Court ^and fits to nopurpofe; 
 my, itmttftalfo fsHorv,^ that /^»cPar]ia- 
 ment kof lejfc authority , and of k(fe 
 ufetbenany other inferiour Court % for- 
 afmuch <aitk not in the Kingsporver t» 
 f 3 m" 
 
(i09) 
 
 ientroiite other Courts or to prevsn^ 
 thm prom Jttt'mg or a£ling. 
 
 ~ . - . 2. 
 
 !r&«M <i gfoffe non rcquitur,/i!?c Kings 
 p'orveris in bmfelfe; Ergo , u^jofde^ 
 rivedto^ nor does refide vertutiUyin the 
 Parliament, For the light of the Sunne 
 repta'm Imhodied^ & eXunhau^ed'm thA 
 Globe of the SW/j, at the fame time as im 
 iidifiifcA and difpla}cd through all thq^ 
 hody of the ayre\ andvcho fees not that 
 the Kittz^without emptying himfelf gives 
 CommiJJiotts daily of Oyreand Terminer- 
 to oibtrsi t^hichyet himfelfe cnn neither 
 fruflrate nor elude? but f r my part t 
 conceive U is a great errourtoinfer that 
 the Parliament hath ene.ly the Kings 
 jp0T»er , becaufe it bath the Kings power 
 in it : for it feemcs tome, that the Vsr- 
 Ihmtnidacsboth ft and aSt by concur' 
 rent porffer ■i devolved koth ftom the 
 K^ng and KjngAome ; and in this fo?ne 
 things ar<^tore ebvious and aj^parent 
 then in ow^s. For by vohat poivp 
 docs the parliament grant Subjidicsh 
 the K^^gfif only by the porver which 
 the K}ntgivct , then the K.ing may ta\e 
 Sfibpdss without any grant from the 
 Farliament and-if it tee fo by 'a 
 power, which the pe0pie ghe to the 
 Parftamtnt; then is fvill follow, the 
 
 Vsrlk- 
 
 1 
 
(iio) 
 
 Paritment hath a pmn l(vm 
 
 rhe fending Ttopq^timto the KUlt^ 
 and defiring his ctncurrme , U fctrce 
 'rvortb an ^nfwer ; for SubhSts may 
 humbly pem'ton for that r\>hUb U tbehr 
 |8w<S right and propertiy* Nay , it may 
 \omttimti befem a fuperiour to prtfer 
 ffuiteandinfcriour far mfittersin them- 
 *jelvesdue, God himfelfe hath notut- 
 tftly difimcd to befeech hli mn 
 ferable , impious, unworthy creatures ', 
 beftde^y 'tis not our Tenet, that the 
 hath no porter , becaufe he hath 
 not all povoet , nor that the Ktng c/vt- 
 not at aU promote our happineffcy becattfe 
 bet hath no iuH claims to procurt our 
 ruine* 
 
 4. . 
 
 mafm not, that the l^ingipm»e4' 
 
 is feparated from his ?erfon ,foastbe 
 two ^ pcnc^na ffirmed, ne(0er doe we 
 frame conclnjions out of that feparatl" 
 on , M the two Spencers did « either 
 that the I{ingmay be removed for mif' 
 dtuneanours , or performed per afpcr- 
 tc ; or that the SubieSl is bound to go- 
 verttinaydofhitft', vveontyfayt that 
 ha fovtr it diflingupable from hU 
 
■ferTan y, and vpfmhe kjmfdfe ma^esj 
 SfiinSliot betmxt ihem^ command 
 ding one thing by hk LegaU mits-y 
 Courts and offices'^ and commanding 
 AnoxhzTi iHxi^eatraiudklal'ly by r^ord 
 ef moiuh , Letttn , or .!^tmfters', m 
 are to obey hU.pomr rather then bit 
 'perfon, ■ i' i^.h ■.;■•«••;♦ ^-v ' 
 
 We tahenotjrom the King all pov&ek 
 of pmlonini Delinquents , rse only fay 
 it is not proper ta h'm quarto modo 5 
 IP or if the Kjng pardon him which 
 hath mnrtberid mv fon , his pardon 
 fifall not cut me of fiom my appeiki 
 end *tis more mreoTonabUi thai the 
 ^Kings pardon .pjould- ma\€n vohok 
 f Sta^ tvhieh batb fuftrt^d rmedile^ 
 then any private mm. So if the^ mng 
 fhoiild deny indemnity to thofe vffhicb 
 in the fury of war have done things 
 -vnliifiifiahk by the Laws of peace ^ 
 and thereby ^eep the woundi of the 
 'ft ate Jran^rnghound up , His eqmta.- 
 hle that an aSl ef Indemnity jhouti 
 he made forcibly another way. And if 
 bis mil not hold, yet this is no good 
 •confequence i thi king is abfolute in 
 foi»t of pardons, therefore he is abfo- 
 lute in all things el fe ; andtheParlia' 
 mcnt hath na p^nr to difcharge De- 
 lift' 
 
(ri2) 
 
 linquencleSi therefore it bath no pWf 
 in other matters. 
 
 6. 
 
 The Varliment haib declared the 
 K'iTigtobe in no condition to Govern: 
 ' but this mufl not be interpreted rigid- 
 ly ^ and rvithout dipn£iion ; for if the 
 .King with hit fword drami in his 
 l^^al , aad pursuing the Varliamcnt 
 gind their adherents <« Rebels , be not 
 . fit for allA^s of Government , yet 'tis 
 not hereby infinuttted that he is dive- 
 ftedof the habit er right of Governing: 
 If hebe unqualified noiv, heisnotun- 
 qualified for the futer j if he may not da- 
 Wings de^rii^ive to the Varliamenty 
 <he is not barred from returning to the 
 Tarliament , or doin^ iuHice to the - 
 Parliament, This is a frivoloi^ cavilly 
 "and fubtcrfuge. 
 
 4' 
 
 Wee fweare , that the King is otcr 
 fupreame Covernour over^t perfons^ 
 and in all caufes ; but^ee doc not 
 feeeareheis above all Law^ nor above 
 the fafety of his peopls , which is the 
 end of the Law , and indeed Vs-ra- 
 mount to the Law it felfe. If hebe a'' 
 hove Law , or ly able to no refiraint of 
 our LaWt then we are no freer then the 
 V % French 
 
French grtheTurks ; and if he he*' 
 bove the /prime end of Larv, commda 
 fafcty , then we are not free tu the 
 French or Turks ; For if the tot ah 
 fubverftm of the French or Turk were 
 attempted , they might by Gods Lav'v, 
 impriHteA in tbeBoolief Nature, iufti- 
 fie a felfe- defence \ bu t we mufl rcmedl- 
 tetly fertfh, when the fleafes to 
 command eur throats. Befides , hovyi 
 atchtaueAthe ^ngff England / 
 Supremacy a'iejje aU Law and th^^ 
 commuKitytt fefe , far vvbafc behotft' 
 ^avvvvMrn-'de? ;/ Gods donation be 
 ^teaded , vvhleh « not fpcciaU to 
 "him , or different from what o. 
 ihgr lyings may pit tend to , then 
 whatpurpofi- ferve our Lawes , Ttay, 
 io what purpofe ferve the Lavfts of om 
 therCeumtries ? for by this gtneralldo* 
 na'thn , all Uaua^s are condemned tp 
 all fervTtude as well as we.tf the Lm 
 of this Lmd be aypc tied to, whr.t boo^s 
 bafh '^r. Jenkins read, where htth he 
 found outsat Lex Ilcgia, whereby 
 the^ peopt^ EiVjiliind have: given «- 
 vvny frem themplvss all right in tkemr 
 felves ? Someofou/Boel^s tell us, that 
 I've are wo> e fn e then the French j that 
 the K.i>}g cannot opprcffe m in our per- 
 jom ttr elates , by imprfonmcnt, de^ 
 vyingi«ilicj : or layin* Taxes without 
 
("4) 
 
 cur conftftts i other Bcdl^stel^m, thai 
 the fafetyof ihe people , is thefupremt 
 JLavv^and that the King hath both God 
 and the LtKP for his Superiour. Bitt 
 all this is mthlng t» lenmd Mf> 
 Jenkins. 
 
 ► 
 
 8. 
 
 ^ we admit , that no ASls of VAntg'- ^ 
 \ment arecompleaty or formally bindings 
 gvvithout the Kjngsajjent : yet' this is 
 fiill to be dcnyed , that therefore vvitfu 
 put thisaffent particularly e^pri^y Ihw 
 im Houfes can doe nothing, norhavt 
 gjiy virtuaU power at all, no , »(ft /# 
 famine A/r. Jenkins , nor to doe any 
 Vtlier thing of lil^e nature, thou^ in 
 order to^ publicly iufiice and {afety, | 
 havedont,and vvijb df,]cn]iimvvould 
 caU in and ficj^ upaga'me his black, in- 
 f^mo^ execrable reproaches, fo fiUhilj^ 
 vomited out againjt the Tarliament. 
 
 ^ ... To the fi)^.^ 
 
 I Was examined by a Committee 
 appointed by the Houfeof Com- 
 mons : I fay, and faid, that the 
 Houfe of Commons have, no power 
 to examine mc , for that it is no 
 Courtj every Court hath power to 
 
 exa« 
 
icxaitimeupon Oathj this power tlte 
 Houfe of Commons never claioicdj 
 J^he Court o£Tie-poivdcrs, Court Ba- 
 ron , Hundred Court , County Court, 
 .and every other Court of Record, or 
 5H.4.C.3. not of Record , hath power co ex- 
 3 H.^.4(5. amine upon O ath: and an exflminati- ' 
 19 H.*.4J. onwithout Oath is a communication 
 
 3TJ^^-f> onely> examination in Law is «pon. 
 
 Oath. / 
 
 S ir Anthony There is no Court without a power^ 
 Maynescafe.f fy-''^^; Houfe of Commons , 
 Cook- part.'l^^"^ pow^"^ to try any office , nor 
 Reports, f^f prattiled it by Bill, Indidment, 
 Lit.i.Iib. f torraation Plaint , or Originall, 
 Scft. 194 ^. T^^^^ce it to try all , nor to 
 
 H.4 I. ti^y itby Verdia;, Demurrer or Exa, 
 mmation of Witnefles upon Oath 
 without which there can be no con! 
 dcmnation or judgement ; and that 
 which can attain to no reafonabJe 
 cnd.thc Law rcjcifls as a thing itiutlte 
 and ufelcfle; Sa'/iensincipita fne. 
 . The Writ wh ercby they arc called 
 gives therjyjower. Ad fac\enii,m& 
 coTjfentiendim ; to what? to fiich 
 4P3rs.inr:it. things ^^ibldmdtC6m,mni CmftU 
 & 9' ordwan contiger'mt, (vi^.) in the I^ar- 
 Hament : This makes nothing at all 
 for a Court for the Houfe of Com-, 
 mons 5 that confiUum which that 
 ^Vrit intends, is cleared partly by the 
 
 Wi-i* 
 
(il6) 
 
 ; Writ for cbufing Knights , &c. For 
 the King by th it Writ is faid tore- 
 folvc to confult and n eat with the 
 Prelates and Peers of the Kingdom, 
 for and touching the great concern^ 
 iiienrs of the \ ommon-wealth (for 
 • the Kin^ never fits in the Houfeof 
 Commons ; ) and this alio is made 
 i^evid;;nt by the Writs to the Prelates, # 
 IPcers, udgcs, and tohisCouncell at 
 g|Law; the words m their Writarc; 
 ' To appear and attend the Varliamentt 
 ^onfiihm mpcnfurt , the oncdoth c e;*- 
 pikrt, the other facerc &canfcntire. 
 
 TheHoufe«f Lords, vv here the 
 Kingfitsin perfon , ^fljfted by his 7 H.^.iS. 
 Lords, Jadges, Serjeants, Atturneyj I H.7.20. 
 Soliicitop, Mafters of the Chancery, E.j.ca.y. 
 is a Court of Record to many purpo- 4- pars,in- 
 fcs; fetd'^wn in th' Bookesof Law,ftit.pag.2i, 
 and the Statutes of the Land, and that 
 Court is oncjy in the Hoaue of Lords, 
 where the King fits. 
 
 A Court muft cither be by the 
 KingsPatent, Statute La^or by the P^owd. 
 Common Law , which is common Com. 31^ 
 and conllatit ufage ; the Houfe of 
 Commons hath no Patent to be * 
 Courtjnor StatuteLaw to bea Coarr,. 
 nor common tifa^e ; they have no 
 Journ all Book,, but finceE.«. titrre i 
 was there ever Fine by the Houi t dE 
 
(tlf) 1 
 
 = ? - I • t Commbns tftrea^-ed into the Bxchtf:: 
 quer ? For murder or Felony they can 
 imprifon no man,much Icffe for Trcii 
 fon; that Houfe which cannot do tWl 
 lefle, cannot do the greater, ' ' ' ^ ' 
 a?E.3.C4. Itisordained,thatnomanfiiallhc' 
 3 <^ar. 1 e- jmprifoned or put out of his Fran-' 
 
 h» CounceU, 
 
 iggt. but upon Indiftment or Prefentmena 
 of his good and lawfuJI Neighbours/ 
 where the deed is done , or by origin 
 nail Writ at thtComraon Law , sni ■ 
 fois Lex terra the Law of thcLan^ 
 mentioned in MagnaCharU , cap.t^ 
 expounded,and the faid JUaffta ChafJ^ 
 ta^indCharta^eFore^a arc dtcl:^ci 
 by the Statute of »y.£.i.c.i.to{/ce' 
 the Common Law of the Land 'All' 
 Judges and Commiflloners ifteto 
 proceed Secundum U^cm &c6nfuctu* 
 '^'^'^^^ 'f^^'^i ^»^//>,"as appcaresby? 
 all proceedings in aU Courts, and bf 
 all Commiffions : nnd therefore tnc, 
 Houfe of Commons by thcmfclvej,* 
 proceedi^notby Indidment, Prc- 
 fentmentjor OriginaJl Wric,have no^ 
 power t3 imprifbn menor putthenl^ 
 ©ut of their Franchife, 
 4. pars, In- This no way trenches upon the 
 ftit.pag.i. .Parliamcrit • for it is in Law n» 
 3 pars In- . Parliaoicnt without King and both 
 ftitip.ij. Houfesi 1 hau& oildy iii my Paper 
 
(1 1 8) 
 
 delivered to M. Corlet , oppfyedmy il H.y.xo. 
 fclfc to that Committee, that had no Princes CafCo 
 power to examine me , but 1 nevet SPars Cf 'b. 
 thought,, faid , or wrote, that the i Psrs,Ir>ftit. 
 Pai liament had no power to examine p. i $9 
 mc: the Law and cuftome of this i4.H,8,j. 
 • Land is that a Parhament hath power Dver. 38. 
 oycrxnj^ lifCjliberty, land,and goods, H.8.6o» 
 ind over every other liibjcft, but the ^ 
 ^ioufc'oT Commons of itfclfehath 
 no fuch power. 
 
 For the Lord coo^s relattcn, that i Pars InSit, 
 tnc Hbyfe of Commons have impofed i^tb. 
 Fines , arid imprifoned men in 
 Quccne Eli-^abeths time , and lince j 
 Few Fads of late time never queftif, 
 oned , make no power , power nor 
 Ceurc J ^ fa^o ad. ins is no good, 
 argamcntj forthewordsof the Star 
 tute of 6 H.8 c that a licence to 
 depart from the .Houfe of Commons^ Pars Inftis. 
 for any Member thereof, is to bee Pari.; 
 entred ©f Record in tiie Book of the 
 Clerk of the Parliamentj appointed,^ Hobbaris Re- 
 or to be appointed tor that Houfe^ potts,fol,ij2, 
 doth not conclude that th^Ioufe of 
 Commons is a Court of Record. 
 
 For fii A , that Law of 6 N,9.c.l6t 
 handles no lucb quci^ion , as that, 
 whether the Houfe of Commons be a 
 C^ourt; it is a maxime in all Laws,HobbamRe- 
 tex aliiid trx^am nil ft^betithQ word pott«>foI x y .4. 
 
FitZjNat. 
 Br.70. 
 FitJiNat. 
 Br.ij. 
 
 4 Part.In- 
 ftit.Tit. 
 Parliana, 
 pag.23. 
 
 {Recerd) there mentioned, isoncly ; 
 a memorial] of what was done and 
 cntredin a Book « A Plaint removed 
 out of the County- Court to thrCourt 
 of the Common Pleas , haththefe 
 wordsin the Wiit oi remove , T^Kor* 
 dari facias laquelam, &e. and yet the* 
 County Court is noCourt of Recordj 
 and fo for ancient Demelne in a Writ 
 of jfalfe jud£»ement, the words arc K<f 
 cor dari facias loqucLifH, &c. and ycj^ 
 the Court of ancient Dcmerne is no 
 Court of Record ; and lo of a Court 
 Earon, the Law and cuftome of Eng- 
 land muft be prefcrved , or England 
 wi]J be deftioyed , and have neither 
 Lawnorcuftome. - 
 
 Let any man (Tiew me , that thfc 
 Court of Lords , or the Houfe of 
 Commons in any age hach made any 
 man a delinquent {R ge difentiente) 
 the King contradifting it under his 
 Great Scale. Michel , and othersof 
 iate were condemned by the profecu- 
 tion of dhc Houfe of Commons in 
 K. Iamen:)i^ time ; did King lames 
 cvcr contradi'ftiti and fo of ancient 
 times, where the Houfe of Pcercif 
 condemned the Lord Latimerin^o; 
 E.?. ThcKinas pardon freed him;' 
 which fiiews cieerly , that the Kings 
 cxprefte or implye'd affent muft of ne- 
 
 1! 
 
c^(iky-bc had to make a Delinquent,: 
 The execulEipn of the fcnteacc is iii 
 t.helKifiggjaamc. 
 
 V , X'h e G entleman faith j That th^ 
 i>AHiament fits^or ought fit iy fom 
 ^hhgigreiter theH the Kings JVrit.&c. 
 
 'No Parlian-»ent did ever fit without .p.„. 
 the Kin^ Writ, nrjr could ever Par- p / & i 
 Jiiament begin witnout the Kuigs pre- P'^' ^ * 
 fence in perfon, or,by a Guardian of 
 "nngldnd, by patent under tnc JKings 
 Great SeaJe, the King being j/z/f/iys, ' ' 
 
 tis , or by Comniflioa under the 
 Great Seale to certain Lor.ds repxe- 
 fenting the Kings peifon, and it hath 
 
 been ihus ia 41 ages junto this ScC- 
 fion of ParJiament, wherein His 
 jefty hath.i)efinpreffed, and hath paf- 
 icdtwo Aftis of Parhatnent,one for a 
 TrienniaJI Parliament , and another 
 for a perpetually if the Houfes pleafe, 
 io fatisEe their defires; how thcfe two 
 Afljs agree one with «nother,andwith 4 E.3. c. 14. 
 the Statute in E<^. the xhirdstime, "6 E.3.C.10. 
 where Parliaments areordaJftd to be 21 ]ac. the 
 fedldcn every ycarc, and what mif- Aifiof limx. 
 dveifes to the people, of this Land tationofA- 
 fuch length of Parliaments will pro- ftjons c,Z2, 
 tlact by proteftions & priyiledges to 
 free them and their meniall fcrvants 
 from ail debts during their lives, if . 
 «hey f kafc to continueit fo Iong,and 
 
 how 
 
l^ovv deftnidlivc to mens aftionsa-li 
 zmsA tKem, by reafonof the Statute ( 
 of Liraitations, which coftfincsiheiild 
 afiionsto ccrtaine ycarcs, and manyf) 
 other inconveniences of greater itoni 
 polrtance,isealictounderftand. h{i 
 How caa any man affirmc,that thcj 
 two Houfcs of Parliament doc aft 
 now by the Kings Writ, which relatf 
 to CounccU and Treaty with the 
 T«ASr concerning the King, thedc- 
 
 4pars.Inftit. ^^^^'^^ ^.^ Kin|domc aSd of the 
 
 Vow and Church o f England , thcfe are three 
 in W poinrs which it tends to, as appcares 
 covenant. ^^.^ ^j^^^ ^^^^^ ^^^-^^ j^i^g 
 
 P'" * prifoner SLtnolmbytAtvi vvil not fuffcr 
 
 himtoconfidt and treat with them, 
 They> have made ajVow & a covenant 
 to affift the forces raifcd & continued 
 by both houfesagainft theforcesrai- 
 fed by the King without their confent 
 and to the fame effeft have devifcd 
 the Oachvvhich they call the Negn- 
 Uvt Oath : Is thii to defend the Kinis 
 Kingd^, or their ktt^dom ? 
 
 When by their Solemnc Lea^ic 
 and Covenant they extiipaieBi(hop»» 
 ) pars,Cook Deans and Chapters root&branchi 
 Dean and is this ro defend the Church of 
 Chapterof /W? (that Church mufl ncccffariiy 
 Norwich, meant , that was the Church of 
 Englitnd\vhsn the faid Writ bore reft) 
 
 they 
 
tthey were not fummoncd to defend a 
 ; church that was not in being j to 
 Jdeftroy and defend the Church arc 
 fvery contrary things ; the Church is, 
 ' not defended , when they take away 
 I and fell the Lands of the Church -. 
 < The G entleman faith,rAf I^ing caft- 
 i Hot controuk other Courtf of ^uHiceyOr ^ 
 'pevent th em from fitting,er a^i'ingy & 
 therefore not thettvoHoufes, &c. It is 
 true, the f^ing cannot controule or 14 jj-S J- 
 ' prevent his other Courts/orthatthcy ^6 Hcn.8» 
 I are his ordinary Courts of common Dy^r^ ^ 
 Juftice, to adminifter common right ^ paj5^j^^jj. 
 unto all men , according to the fixed p.i. 
 Laws. The Houfcs make no Court 
 without the i(.ing, t:hey are no body 
 corporate without the Ki"g> nor Par- 
 liament without the King, they all 
 make one corporate body, one Court 
 called the Parliament, V^ereof the 
 J(;in^ is the head , and the Court is in 
 the Lords Houfc , where the King is 
 pfrftm.'and as a man is no man witb^ 
 out a head/o the hc^u^esfcvd"^d from 
 M-King, as now they are, have no 
 fftiWer atall , and ihey themfclvesby 
 l^^ying war againft the King, & ira- 
 {Mromng of him,have made the Sta- 
 tute foi* not diflblving,adjourning,or 
 |)idroging this Parliament of no cf- 
 tca, by'the faidAftsof their own; 
 
they fit to no purpofc without his al- 
 fent to their Bils, they will not fufFer 
 Kim to confult with them, and treaty 
 and reafon with them , whereby Hc,^ 
 may difcern what Bils arc fit to paffe, 
 and what not , which in all Ages thfi 
 Kings of this Land have enjoyed as 
 their undoubted Rights , and there- 
 * fore t.iey fit to no purpofc by thtfir 
 
 own difobedience and fault. 
 itK$ tiA the.ordinary Courts at nre^min' 
 a8 H 8 -i i Judges in all thofe Courts arc 
 
 Dier ' * Judges by the kings Patet or Writ,o- 
 thcrwife they are no judges: the hou- 
 fescan make no Judges, they are no 
 X R.3. 11. Judges at oil who are made by them; 
 
 the whole andfole power of making 
 Judges belongs to the king: the king 
 «annot controulc or prevem his own 
 Judges TrosQ fitting and ading,but the 
 HoufesHcmay , for they are not the 
 kings Judges but the judges of thei 
 Houfcs. In his other Courts.the king 
 commits his power to his judges by 
 his Pa^t, and rhcy arc fworn to doe < 
 common right to sll mexi , and the 
 king is (worn not to let thcmfromfo 
 doingjthe king cannot judge in thofe 
 Courts, nor controulc; burche king 
 is both Judge and Controuler in thtf 
 Court of Parliament : ^jtoad Adi 
 for his aflcnt or dilTenc doth give life 
 
ti£t death to allBills, Many Lawyers 
 'hare much to anfwerto God, this 
 kingdom, and t0poftericy,for pufling 
 'the people of this Lartd with fuch 
 Fancies,as the Gentleman who wrote 
 the Anfwerto my Paper , and others 
 jhave publiflied in thefc Troubles j 
 1 which have been none of the leaft « 
 caufes of the railing and continuing 
 of them: And fo I have done with 
 the firft part of this Anfwer, 
 
 Ad. s. 
 
 Per the fequitur, in the fecond 
 Seftion of the Gent], Anfwer, the 
 Antecedent and the Confequentare 
 Jiis own, 
 
 (ItbtUui: 
 
 ^em rtcltat mem eji (d Videntinel ) 
 Std male dm recliofineipiteffe turn* 
 
 My words are, that the king is not 
 virtually in the two Houfes at we^" 
 mlnfler, to enable them to ^nt par- 
 dons, for that whole and fele power - 
 by the Law belongs to the k ing : My 
 paper h aih no fuch thing , a s that the 
 kings power cannotpederiredto6-27H.8,c.i4. 
 •thers, orthevertueof hispower:For 
 ■hispower,&the vertueofhis power, 
 is in aE Patents to hiis Judges, in 
 Charters to Corporations, in Com- 
 ' miffions 
 
(125) 
 
 miffjons of all forts, and in tKe Parli- 
 ament affembled by force of his Writ 
 of Suao.Tions, fo long 'tis they obey 
 him : but when they renounce that 
 power, and claim it nor from the 
 Kinfj, and declare to the Kingdomft 
 that he is not in condition to govern, 
 « and imprifon him,and ufurp to thcm- 
 
 felves all Royall authoriy, as trtc two 
 Houfcs now doc, no reafonablc man 
 can ai^rme that they Aft by the 
 power of their prifoner , who hath 
 no power to give them, that by force 
 of armes take all power to them* 
 reives. * ' 
 
 The Gentl. faythTheKw|;gM»«' 
 Cemmifftens daily of Oyre and Tcrmi- 
 ttetyrphicb he eanmt jruftrate nor elude. 
 The King may revoke anddifcharge 
 the commiflion by his Writ, ashec 
 may remove all Judgcs,& place other 
 men in their roome 5 and any Kings 
 death determines all the Judges Pa- 
 tents a||^f^«im^e?' Hall^Comm'iffioo 
 4 H.4.|9« of Oyre and Terminer , &c. and fo h(| 
 J E.4.4. might diflblve both houfesin altimej 
 1 Eliz.Dycr. by his Writ under the Greai Seal,un- 
 i^j, till that in this Parliament, by bis 
 
 I Mar. own conceffion, the king of his good* 
 Brooks cafe ncflc hath fccludcd himfelfc ; which 
 447. Roodncflc hath becnc full ill requi- 
 ted, 
 
 ■ The 
 
' (I2(5) 
 
 Tht GentlaBrms, That the p<miy 
 ^ iheFa.rliamembathiiC$ncurrent from 
 the Ki»g and Kingdom^ which he con- 
 cdvcsis proved by thegrant of Sub- J?^""^ 
 fidiestothe King by the Parliamcnc. "'^'i*- 
 Xhenuftakingof this word (farlU- 
 wflSJi^hathbccnmifchievousin thefe 
 times to this Land janditisafFefted- 
 \j miftaken, whichmakcs the fin the 
 greater, for the ewoHoufesarenor 
 »hc Parliament, asbcforeis declared, 
 and at this time fo to inculcateitj 
 tvhen all men know that of the iz© 
 Peers of the Kingdom,who were tem- 
 poral! Peers before the Troubles : 
 there are now not above 30 in the 
 lords Houfe, and in the Honfe of 
 Commons about 100 of theprincipall 
 GentLof the Kingdom left thcHoufe 
 and adhered to his Majefty, who is 
 Wprifoned by them fliews no fuch 
 candor as is to be defired. 
 
 it is true, that no Tallage can be 
 laid upon the people of this Land but 
 by their confcnt in Parliament, as ap- 
 pearcth by the Laws mentioned in 
 iheMargent^butyou^halfindeinM. , 
 '5fWf»x learned Book, called Af^ra 
 CUufum, a number of prefidents in 
 H enry the thirds time for Ship-mony 
 juftly condemned this Parliament, to 
 thewhichhisMajcfty aircntcd;and in 
 
(i<27) 
 
 firmatio " ^^^'^^^ tlief'Sid z Statutes of if 
 cbartarum & 34 t • Tallagio mnemede)id(f. 
 chap.6. ' Banfelet,En^p3ety,Si many greivous 
 24 E X burthens were laid upon the people 
 de TaUasio borne untill that memorable Priir- 
 non conce- ^^'^ ^ ®" of opiniqn that the 
 
 deftdOf ComraonLaw of the Land did alwais 
 reftrain kings from all Siibfidies aiid 
 Tallagcs,but by confentin Parliametj \ 
 Arhich doth appear by vfaghaCharta,' 
 the laft Chapter, where the^relaccs, 
 i'ordsjandComunahyygave the Idng 
 thefifteenrh partof thcK moveables, 
 In truth itis no maner of c6^<^uehc^;, 
 becaufethe king cannot take what 
 he pleafeth of thefubjedsgoodSjthat 
 tlierfore they have a concurrent pow. 
 er in Pariiament, there have bin ma 
 ny Parliaments & no fubfidies grant 
 ed: Parliaments may be without Sub- 
 fidiesj but Subfidics cannot be^vith- 
 out Parliaments : of ancient times 
 Parli^ents rarely granted any, un- 
 leflcit were in the time of forreign 
 -Wars J and in my time, Qu. tUiahsth 
 ■ reEifed a Subffdy gi'arired'ihfailia- 
 imeht , and in the Parliament i Uc, 
 noi4eweregranted.The Gent.niourd 
 make a confciencc of blinding t|e 
 ' peojyle wkhiTuch Untrue colour^toibe 
 mine of the Eing aad peoffle, ' \ 
 ' ' ' Apj 
 
 1 
 
 J 
 
Ad. 5. 
 
 TheGentl.affiriies, That the fend- 
 .tngpropofttions to the Kins, and de- 
 firing ijis concurrence, jsfcarce n^orth 
 an an/wer , for Subje^h may humbh 
 petition, for that which is their ftrih 
 right andprcperty, ^c. The Propo- 
 i^tionifrnttoNevPcajile, are in print; 
 wherein the two Ho iifes are fo far from 
 humbly Petitioning, that they ftile 
 not themfelves His Ma;efties Sub- 
 jetts, as appeares by the Propofi- 
 tions. ^ 
 
 That they have a firift right oje 
 property to any one of thefe Propofi- 
 tionsisa ftrange affertion, everyone 
 of them being aga=nft the Lawes now in 
 torce. Have the two Houfes a ftrift 
 right and property, to iayupon the 
 peep e what taxes they fhali judge 
 meet ? To pardon all Treafons , 
 that IS one of their propoficiahs. Have 
 they a ftrift rigf,t and property to par- 
 donthem';jlves? and fo for ail the reft 
 of their Propofltions. 
 
 ThefePropofitions have been Voted 
 by both Houfes, the Kings afTentfthey 
 being drawne into bills ) makes them 
 A«s of Parliament : Hath the King 
 G no 
 
( 122)'- 
 
 no right to affent or difaflent ? Was 
 the lending but a camplement ? All 
 our Law-boo kes and Statutes fpeake*' 
 othervvife. This Gentle- and others, 
 12 H.7. 20, j^^j,:^ gjyg account onetime or o- 
 
 1 Sr-c 7* ther for fuch deluf.ons put upon the 
 people. • 
 
 , AD.4- 
 
 The Gent, faith, they affirm not, 
 that the Kings power is feparated from 
 His Perfon-ffoasthe two ^pcitCCtS 
 affirmed, &c. His MajeRies perfoms 
 now at Holnby under their Guards j 
 have^eynot fevered His power from 
 him when bv no power they have left 
 him,he can have two of his Chaplains, 
 who have not taken their Covenant, 
 to attend Him for the exercife of His 
 confcience ? 
 
 ijEd.a.Ex For the Three Concfu (ions of the 
 illiumHu- spencers', doenotihetwoHoufesa^l 
 fi. every of them ? They fay, His Maie- 
 iE,c.t ftie hath broken His Traft , Touching 
 7 pars,Re- the Government of His people : They 
 portj.i I, have raifed Armies to take Him , they 
 have taken Him,and imprifoned Him j 
 they govcrnethemfelves the\^ make 
 Lawes, iiapofe Taxes, make Judges, 
 Sheriffes, and take upon them omnia 
 infigna fummxpotejiatis : Is not this to 
 remove the King for mifdemcanours, 
 
 to 
 
• ( 123 ) 
 to reforme pea a fperte,togoveTne in 3L)d 
 of him; the three Ccnclu/:ons of the 
 
 v9/>rnrf r/ ? Dec they thinke the good 
 people of^n^/anc/ are become fliipid, . 
 and will nor at Icngeh fee thefe things .'' 
 The Gentleman faith, They doe not pj^^j 
 
 ^feparate his povrer from h/s perfmbut Eli.i.tg.ihe 
 drji/ngurj/} it, Csrc- His ower 'is in His Kings Pow- 
 Legall Wrirts, Courts, and Officers- p^^^^J'll 
 when they connrerfeit the great Seale, in/iv°fif[c. 
 and feale Writts with the fame , make 
 Judges themfelveSiGo-artsand Officers 
 by their owne Ordinances againft His 
 confenf, declared under his true Great 
 fea! of EngkndC not by wctd of month, 
 letters , or minifters onelyjtheir feale 
 is obey ed,thcir owne Writs, their own 
 Judges, their own Courts, their own 
 Officers,and not the Kings : The time 
 will come when fuch ftrange adions 
 and difcourfes will be lamented- 
 
 Ad-?. 
 
 The Genrlerrangoes on , We take 
 not from the King allp^rver of pardon- 
 ing Be linqusnts voeonely fa,y-it is not 
 ■proper to A/m quarto modo,(^c.What 
 do you meane by guarto tnoda ? I am 
 f'ire, Omnis Rex AngHe, fo/us Rex & 
 femper Rex, can doe it, and none elfe; 
 rcade the bookes of the Law to this 
 piirpofe , collefted by that reverend 
 G 2 and 
 
Scariford, , , , t . - . , 
 
 picas 93, a"d learned Judge Stanford, from all 
 27.ri.8.c.i4 Anriquiry ro histiine,whodiedin the^. 
 Dice, 163. iaft yeare of King <P/;7//;. and Qiieene 
 MarietK6gne, you fhallfinde rhis a 
 rrueth undeniable j and this power was 
 never queftioned in any Age in any 
 Booke by any until! rhis time , that * 
 every thing is put to the queftion: You 
 ^ Gentlemen , who profeffe the Law , 
 and maintaine the party againft the 
 King, returnear length, and bring not 
 fo much fcandall upon the law, 
 r which pericFves all 3 by publifhing 
 ftich incredible things- 
 Brsd Ub.3. We hold only what the law holds'the 
 }o\\tz ^^"^'^ derogative and he fubjefts Li- 
 I pailr'n- ^^"-^ ^""^ dctennined,and bo' nded, and 
 i\k adaieafured by the wrirten Law what 
 
 plow. 3 - they arc ; we doe not hold the K ing to 
 Eliz,23^, have any more power,neitherdorh his 
 ^57- Majefty claimeany other butwharthe 
 
 Law gives him ; the two Houfes by 
 the Law of this land , have no colour 
 of power,eirherto make Delinquents, 
 or pardon Delinquentsj the King con- 
 tradiffing : ( and the Army under Sif 
 Thomas Fairfax f howbeitbut Souldi- 
 ers ; doe now underftand that to be 
 Law, and doe now evidently fee, and 
 alTuredlv know, that it is not an Ordi- 
 mnoeofthe two Houfes, but an ad- of 
 P^irli^mentjiiiade by the King, Lords, 
 
 and 
 
^and Commons that will fecure rhcm , 
 and Jet this Army remember their cx- 
 
 • ecuredfellow-Sonldiers, and the Law 
 was alwayes fo taken by all men m- 
 tiil thefe troubles ; that have begot 
 
 » Monfters of opinions. 
 
 A D. ^. 
 
 This Gentleman fayes, T/je Par/ia- 
 mm hath declared the Kin^ to be in 
 no condition to govern, ^c. 
 
 There is no end of vour diftin^li- 
 ons, I and 3^011 profeTe the Law- fl^ew 
 me Law for 3roiir dirtinftionsjor letter, 
 fillable, or line, in anv Age in the 
 tookesoffheLaw, that the King may 
 in one time be in no condition ro ^o- 
 yern,and jcr have the habit of govern- 
 ing, and another time he may C vi.y- ) 
 when the two Houfes will fniffer him 
 The l aw faith thus , Vbi kx non di- 
 ftingun, ron efl dijiinguendnm. 
 
 He faiesj, the King is not barred 
 from returning to His Parliament, 
 C as he calls the two Honfes ) he 
 knowes the contrary, the whole City 
 knows ihecontraryj Nos juris confuhi 
 fumusfacerdotes, (as JuflimanthcZm- 
 perour hath it, in the firft book of his 
 In/fitutions ) and therefore know- 
 ledge and truth fhould come from 
 our lips; Worthy and ingenious men 
 G 3 well 
 
C i25y 
 
 ^ will remcn.ber , andrefleft upon that/ 
 paff?ge cf that good and wife man 
 Seneca, Non quaitur,fed qua eundum; 
 follow net the waves of thelawvers 
 of the Hou.'c of Comnnons : God for- ^ 
 give rhcni, 1 am fure the K ing will, if 
 rhey be wife and feek it in tiir.e- 
 
 A D. 7- 
 
 I. Eliz. cha. The Gent faycs, We fweare that the 
 I- Caw- King is our fitpream Governour over 
 dreys cafe allperfons and in all caufes, Cjrc.Why 
 ioli!"* ^^^^ wordCo7i/j? )for tlie 
 
 Oath the niembers now take, is that 
 KmgCharles is now the onely and fir 
 pr( irc Governour in all caiifcsjovcr all 
 perions;and yet ihev keep their onely 
 Supreme Governour now in prifon , 
 .md ad now in Parliament by verrue 
 of their prifoners Writ, and by a con- 
 current power in this Parliamentj and 
 by their own Arid right and property, 
 C as the Gentleman aff.rmcs in his 
 This Oath Anfwer J .1 hefe things agree well 
 isallowed wich their Oath; that the King is the 
 
 ^y^'^^ onelv Supreame governour in all 
 Common ' ,, \.- r\ u : 
 
 law ofche caufes over all pcrions, ihis Oain is 
 
 land, taken now in the Pari iamer.t tiir.e by 
 all the Members of the Houfe of 
 Commons, and is required by ;the 
 Law to be taken in all Parliaments, 
 otherwife they have no power , nor 
 
 CO- 
 
(127) 
 
 ^ colour ro meddle with the piiblick Af- 
 faires 
 
 i his Oath being taken in Pa rlia- 
 mentjthat the King is the only and Su- 
 preamQovernour in all Causes-, then it 
 follcwes in Parliament causes', over all 
 perfonsyihen over the two Houfesi Lcc 
 them, keep this Oath, and we fhall bee 
 fiire of peace in the Land ; and £;ood 
 Lawj ers ought to def.re peace both for 
 the piiblicke good, and their private, 
 and not dilhanoitr th jt Noble profcf • 
 (ion, as many doe in this miferable 
 rime 
 
 The Gent, fayesj Wedoenot fweare 
 that the King is above all Lavt?, nor a' 
 bove the fsfety of bis people i neither 
 doe we fo i'weare, but his MajeAy and 
 we will fwcare to the contrarj^, and 
 have fworne,and have made good-.and 
 will by Gods grace make good our 
 Oath to the world, that the KING 
 is not above the law, nor above 
 the fafeiy of hii peop e> the Law, and 
 thefafety of his people,ari.- hii Safety, 
 his Honour, and his Itrength. 
 
 AD. 8. 
 
 The Gent, concludes, "That ABs e/ 
 Parliament are not formally binding-, 
 nor cmnpleat without the Kings affent, 
 yet the Honfes have av'inmllpovper 
 G 4 without. 
 
r I28)- 
 
 out the Kh'.gs particular afetit , t& doe 
 things in arderto pubUcl^juflke and^ 
 fafety ( viz.)\x\ fern'ng up the Exclfe,, 
 in raif:ng and inainraining of Armiesj 
 in Taxing r -cpcop'e at plcafiire with 
 J-ifrhanJ fwcnrierh parr, Fifry Snb- 
 fidies) Seqneftraticns, Loans, €0:11-* 
 portions, Imprironing the King, a- 
 }:o!ifh'ng the Con-imon Prayer- Book, 
 /eiiiiigthe Church Landsj&c allthefe 
 are in order to the pubiick Jufticcand 
 Safety. 
 
 Mr. H,V you are of my profefli- 
 on » I bcfeech you , for the good of 
 your Counrrcy, for the Honour cfour 
 Science perfvvade your felfeand others 
 Rs much as in yon lyes, to beleeve and 
 fol'ow the monition and ccunrell of 
 ih^r memorable, reverend, and pro- 
 ioundiy learned in the Lavves and Cu- 
 f !omes of the /.and , the Lord Cooh?^ 
 who writes as becomes a great and a 
 learned hidge of the l aw perfon 
 mtich magnified byihe twe Houes ) 
 in ihefe words : "^erttfc ot)er all 
 
 i'Ott rt)al fin?) a ^£>?inc(|3lein3iai», 
 a JRttle in JKcafoit , antia Crpall 
 <n erjjtricnce , tljat Creafoti Ootfj 
 mx t3?ot)nce fatall am? finallte^ 
 ilriiction to t{;e of enOer, ant> n£\)er 
 sttafneiEr f o tl^g tiearcO enD (too <n= 
 
(I29) 
 
 ciXimtiS infepewblptl^cteueto ) anti 
 st^mtoit let all men abanOon it,ne 
 ^ ti)i pc|>fonoiiis bait cf t\)t iCsbtii, 
 aiiD foIi'oS» t^e ^!^?cccpt in i^clp 
 Scripture, Serve god, 
 HONOUK The king, 
 •and haveno comp a- 
 n y w ith the s edi ti- 
 
 OUS. 
 
 Concluf.on. 
 
 I fay ag ine, that vpithm an AB of 
 Ob/ivicn ^ a grctious general/ Pardon 
 from f/fs Maieflk) the arreares tif the 
 Sovldiers payd , afavourab/e regard 
 had to tender confciencesithere will be 
 neither Truth nor Peace in this Land) 
 nor any man feeure ef any thing hee 
 hath- 
 
 By me Daviti Jenkins Prifone-r 
 in jhe Tower. 
 
 G5 A 
 
^ DISCOURSE 
 
 Touching 
 
 The Inconveniences oj a- 
 Long-continued 
 
 PARLIAMENT. 
 
 APerpemall Parliament is re- 
 pugnanr to the Ad: made this 
 Parliament \ for a Trienniail 
 Parliament » for how can eve- 
 three yeares a Parliament 
 beginne , if rhis bee perpetiiall which 
 may be fo if the two Houfes pleafe? 
 
 2. An adjournment of the Parlia- 
 ment makes no Sefiion, 4 pars'y injli- 
 tut-fol.27. Howbeit, before the ad- 
 journmenrj the KING gives His 
 Royall aiicnt to fome Bills. Cooke 
 ibid. 
 
 3i There isJio Sefiion till a Proro- 
 gation 
 
■ Ci30 
 
 rogation or difToIution of the Parlia- 
 k lIicn^ 
 
 •l 4 This Parliament as appca-es by 
 the Ad for no; di'> olving thereof, let 
 downein the Trinted Sran.cj of this Pjowd-com 
 Patliament,/o/. 138- cannot be proro- BroJjgj-^., 
 
 • gi:edordiffo!ved, but by Ad of Par- jy.Bro.Par, 
 jiament- Ihereharh been as vet no S6. 
 Ad of Parliament in ih t behalfc: Dicr- i.M»r 
 atiJ therefore all the Ads of this "* 
 Parliament, are Afts of one Seni- 
 or.. 
 
 5. All Ads of one Sefi^on relate 
 ro the frft day of the Parli.imenr, 
 and all the Ads of fuch a Parliament 
 are Ads of one day • fo the Ad for 
 the Ttienniall, ard the Ad for this 
 Pcrpetuallj a'etwo Adsof one day by 
 the law. 
 
 6. 4Ed-3-rcp & ^6. Ed. 3. cap. 'o. 
 A Parliament 'u to be holden onte c- 
 very yeare , and more often if need 
 Dial 1 bee ; thofe A6 s are confirmed by 
 the Ad for the Triennial Parliament. 
 How doth aPerpetuall Parliament a- 
 gree with a Parliament once every 
 veare, or with the indention of thofe 
 I awes ? How doth a Parliament every 
 three yeares agree w iih a Parliament 
 for ever J which may be if the two 
 houfes pleafe ? 
 
 7. 1 he refu't is this ; atone day m 
 
 Law 
 
law this Parliament two A<fts have 
 pa'Ied rforhowbeittheonewas in id. 
 Caroh andtheother in ijCarel, ytt' 
 both in I aw are Aifrs of one day ) rhe i 
 one faith there fball be a Trienriall 
 Parhanient after the end of the fer- 
 ting ofrhis Parliament: The oihcr-this 
 larhament fball fee for ever if thev 
 pleafe. 1 he one will have a ^ sx'\z 
 9 mentuithanend, theother,a ! arlia- 
 menr w ithout an end- 
 iPa'sDoft '^i^^" an Aft of Parliament is 
 Bonhams ^^^'"^ common Right or Reo fon , or 
 cafefol.iiS repugnant, ornnpofiiblero teperfor- 
 8.6:3,3.30. med,the Common [aw fbaJ] controle 
 vft=;"5*' V ^"da^ii'dge this Afffobevoid; 
 H.G.Annu- the words of the I aw. 
 
 ity4r, 1 E- Ad of Parliament, that a matr 
 
 Ja.JDier,3,3 ihall be Judge in his own can e, is a 
 \o\A HebbartM.i7o. 
 
 Begin with Common Right. Iris 
 againft Common Right, that indebted 
 men fhould ret pay their debts; 
 T hatif any iiiem;ber of the Hoiife ef 
 ("oi^^f^^nsdoe any Siibieft wrong by 
 direifrg him of "his land , or difpof- 
 fefi:nghmi of hi^ goods, or blafting 
 ©f his fame, ordoirg violence to his 
 perfon , that fiich perfoijs dm'mg their 
 lives fhould not he que/iicned by a 
 priviledge of Parhament, and that 
 extendied alfo ro may ether befide 
 
 rhem- 
 
I 133 ) 
 
 I themfefves, Common Right doth ab- 
 !. horrerhefc Enormities, which a per- 
 u periul! Parliament dorh beget, befides 
 i rheiKterdertruaionofall mens ^fti- 
 ons, real, perfonall or mixt, who have 
 to do wi h Parliament-men , by the Jg* 
 • Srarute of Liiniration, which confines' 
 Suites to certaine veares- 
 
 For Common Reafon ''arliamenfs a 
 were ordained for Remedies to redreff 
 publiqiie freivanres; Ir is apainft Rea- 
 fon rhev fbould m?ke piibliqne and 
 infLfrerable Grievances- The Law of 
 the Land allow es no proteftion for any 
 man impioyed in the fervice of the 
 Kingdome, bur for ayeare, to be free 
 fremStiiresj and in many Siiiresr.one 
 at all , howbeit he be in fuch fervice^ 
 but a Parfiament perperuall mav 
 prove a proredion , nor for a yeare , S9*^-6'39> 
 bur for ever, which is againftall man- 
 ner of Reafon- 
 
 For impofllbinitr- The death of bis 
 Maiefty ^ whofe life God prolong ; 
 di^olves ir necelTarily ; for rhe Writ 
 of Summons is, Carohus Rex in hoc 
 indhidus , and Carohus Rex is in this 
 particular , Habrturus clologuhm <S' 
 traBatum rum prelatts (fy- proceribur^ 
 &c. King Charles being to have Con- 
 ference and Treaty with his Prelates 
 awlPearesi Ctfro/«j il^x cannot have 
 
'-. H. 5. ceHsquium (^r traSatum^ Conference 
 ^ook. Title and Treaty when he is deceafed , and 
 f«rJ.3» parts ti^erefore it is as impo/nible for any 
 Parliament to tontinue as long as they 
 pleafe> as for a Parliament to make a 
 dead man alive. 
 
 For Repugnancy- That which is 
 but for a time cannot be affirmed ro 
 # have continuance for ever , it is re- 
 pugnant. 
 
 The end of the Aft 1 7- Caroli Kegk 
 which is to continue atpleafure, is in 
 the faid ad exprel^ed to be to raife cre- 
 dit for Monv for thefe three purpofes. 
 Firft, for reliefeof hisMa/efiies Ar- 
 my and people in the Korth- Se- 
 condly, for preventing the imminent 
 danger of the Kingdome- Thirdly, for 
 fupply of other his Majellics prefent 
 and urgent occafions- Thefe ends 
 are ended, the reliefe of that Army , 
 the imminent danger fuppofcd was fix 
 veares ago, the fupp'y of his Maje% 
 hath been afnpply againft Him ; take 
 .4 J away the end, the meanes thereto are 
 Waifle"rafc "° pi'rpofe ; take awav thecaufe, 
 5.pars.i. H. the effeft ceafethj and therefore the 
 4-6.Lirtl. three ends of this Aft being determi- 
 cap.vilicn. f^ej^ it agreeth with Law and Reafon , 
 the Aft fVioaldendj the taw rejefts 
 things unprofitable and ufciefle- 
 Aperpctiiall Parliament fbefides 
 
 that 
 
(135) 
 
 that it incites men to fe!fc-ends, dtr* 
 'ftrtiftiveofrhe publique, of which the 
 Vhole Kingdome hath had fuflficient 
 ' experience ) will be a conftant cliarge 
 to the Kingdom ; for that every Coun- 
 /y and Burrough, who fend Members 
 to the Parliament, are by the Law to 
 pay Wages to their Parliainent* men, 
 which tomanv ( ountries will amount 
 above foiiie Sublid'cs yearly ; there 
 are many poorc Borough Towns in 
 each County of this Kingdome, who 
 being to niainraine two Burge.Tes in 
 Parliament, will be quickly beggered, 
 if the Parliament have no end, for 
 all which Reafons it isc!eare,thatfuch' 
 long continuance of Parliaments, will 
 in Head of a Remedy C w hich is and 
 ought to be the proper and true ends ©F 
 ParlianientsJ become an infufterable 
 Grievance and Opprell.on to all the 
 people of the Land- 
 
 The Writ of Summons th's Tarlia- 
 ment is the Bafsi< and Foundation of 
 the Parliament. If the Foundation be- 
 deftroved the Parliament fals- The Af- 
 fembly of Parliament if for three pur- 
 pofes.jR.ea: efi habhuras colloi^umm H^r 
 iraSatum cum FralatU-^magnatibus g^r-- 
 proceribus fuper arduis negoiiis^ con- 
 eernentibusil. Nos. 2.Defenjionem regnt 
 noftri.^.Defenfmem Ecclefi& Anglisa.- 
 
noe- This Farliament hath overthrown i 
 this Foundation in all three parts."!' 
 J. Nes-The King they have chafed^, 
 him awav, and imprifoned him ■■, they \ 
 have vored r.o Prelates ? and that a 
 number of other Lordes, about foiirty , 
 in the City muft not come to the 
 Houfe, and oboutfoiirty more areoi t 
 of Town, the collc^umm ^ traBatus 
 are made void thereb}'. For the King 
 cannot confn It and rreate there with 
 n en removed from thence. !• Defen- 
 Jronem regni ncftri, that is gone s they 
 have made it their Kingdome, notHis> 
 for they have uftirped all hisSove- 
 raignt3^;?• Defenfi&nem Ecckft-i Ang- 
 licandtixhdX isgone,that Ecclefta A'-gli- 
 eana miift be underftood nece/farily 
 that Church, that at the tefteof the writ 
 was Ecclefta Anglic ana->xhcy have de- 
 ftroved that too. So now thefe men 
 would be called aParliamert, having 
 abated , quafhed, and made nothing of 
 the Writ whereby thev were fiimmo- 
 ned and afsembled- If the writ be made 
 void, all the FrocefTeis void alfo;that 
 Hoiife muft seeds fall where the Fonn- ' 
 dation is overthrown, Suhlato funda- 
 memo opus cdfl'/>,thefoimdation being 
 taken away the worke falls,isbctha 
 Maxime in Law and Reafon. 
 
 For foiue year.es part, there is no 
 
 aime 
 
(137) 
 
 crime fro rreafon to trefpafie, but they 
 •are guiltyof; all Trcafons, Felonies, 
 ^Robbers, Trefpafiesare contra pacem, 
 corcnam ^ dignitatetn Regis, againft 
 the peace, Crowne and dignity of the 
 ^King ; as appeares by all Indiftments 
 in all ages Pax ile^// the Kings peace, 
 Corona Regis, the Kings Crownj Dig- 
 vitas Regis the Kings Dignity', are all % 
 trod under foot, and made nothing ; 
 Fax Regii, the peace of the King is 
 become a warre againft the King, his 
 Digniry put into prifon^od the Crown 
 pur upon their own heades. 
 
 All the Judges of Eng/andbive re- 
 folved 3 that Noblemen committing 
 Treafon have forfeited their office and . 
 Digniry ; Their OJiceisto comfeltbe ^/p^arc^i 
 King in time of peace^to defend him in 2* lac. 
 tune o f War, and therefore thofe men 
 againft the duty and end of their Dig- 
 nity raking not onely Councell » but 
 Armes alibro deftroy Him , and be- 
 ing thereof attaint by due courfe of 
 Law, by a tacire condition annexed to 
 the eftate of their Dignityjhave forfeit- 
 ed the fame, they are the words of the 
 Law, and therefore they have made 
 themfelves incapable to be Members 
 of the Upper Houfe. 
 
 Thf 
 
(138) 
 
 the Opprefmscf the people. 
 
 Btiberyes, Extortions, Monopolies, 
 ought to be inquired after by the 
 Houfe of Commons , and' complained 
 ofto the King and Lords, What have 
 ^ they done ? 
 
 1 he houfe of Commons cannot by 
 . the Law commit any man to prifon 
 who is not of the faid houfcj for Trea- 
 fon. Murder or Felony, or any thing 
 but for the difiurbance of the piiblique 
 peace, by the priviiedge of the 
 whole body. 
 
 They have noe power by the writ, 
 uhich the King ilTueth to eieft and 
 rcturne Members of thathoiifc, fo to 
 do. For the writ for them iseneiy ad 
 faciendum & confentiendHm , to thofe 
 things, whereof bis Maiefty fhall con- 
 ftiJt and treat with his prelates and 
 Nobles de commmi confillo regni 
 fhall be their ordained, as appcarcsby 
 the Writ- 1 here is no feparate power 
 parsinft over the Kings people to them, 
 
 *5j«4j»5t * o^^^y '^.^ ad confentien- 
 dum, and in all rimes this hath beene 
 expounded and retrained to that 
 which concerned their ownc membes 
 inrelationto the publique Service, 
 as they are members of the corporate 
 
 body 
 
(139) 
 
 .£ody of rfee Parliamenr, whereof rhe 
 
 I* But that the Houfe of Corajnons 
 )i have comniirtcd any man for Treafon 
 : Murder or Fe'ony j cr for any offence 
 i that had norclationtoa Men.ber of the 
 ; Houfc ofComn.cns,as it is againft law 
 ! and reafon/o no inftance can be given ^ 
 j till this Parliament. 
 
 j All Queftions and Tryalls where ^ H. 6. au 
 wirnenc are examined , the Examinati- sz.fi.j.iz. 
 on is upon oath by the Law,by all our 5 ^ 
 Books, Statutes, every dayes praftice. 3 • "* ♦ 
 Examination H-irhouf an Oath, is but 
 a loofc difcoiirfe ; therefore the houfe 
 of Commons not claiming power to 
 gfve oath , have no power to examine 
 ay man- 
 
 No manfhallbcimprironed by the 2$ E.3C.4 
 i King orhisCouncell un'.eTe irbe by Petition o 
 Indiclsnenr, prefentment of his good R^^t* 
 and lawful 1 Neighbours where Inch 3 ^^f- 
 deeds be done, in due manner, or by 
 proceTe made by writt original! at the 
 Common Law • this Sratuterehearfes 
 iWtf^. C^flm,> :9>andexpouunds Lex 
 terr<e-, the Law of the Land there men • 
 tioned : this Law bindes all men , and 
 the Houfe of Cominons C^ox they fay, 
 they are of the Kings CouncelU in all 
 poinrs,bor on Iv againft the difliirbers 
 oftheferviceofthe Parli?iir.ent i and 
 
 therefore 
 
therefore the Imprifonmenr of feverall 
 perfons who are not their Members [ 
 and for no diAurbance to their MemP 
 bers is iitterl}^ againft the Law of the 
 Land, and the Franchifeof the Free- 
 men of th^s Real me- , 
 Cuinon licet quod minus, non Hcer 
 ouod tTiajuj ; he who may nor do what 
 # is leffe may not do wharisgrearer,they 
 
 cannot commie a Man for Murder or 
 
 8 Pars* Felony, much lelfe for Treafon. 
 
 rcolc J le, Court can- fine and imprifon , 
 
 butaCour of Record , the Hoiife of 
 Commons is no Court of Record, the 
 Houfeofthe Lords where the King is 
 in pc-rfbn , his nobles and his Judges, 
 and Councell at Law, the Maftersof 
 . the Chacery afllfting, is a Court of 
 Record, and that is the Court of Par- 
 liament, where the Cellorjnmm ^ tra- 
 tiatus is. Ihe Houfe of Commons 
 may prefent Grievances , grant or not 
 grant Adeis , confent or riot confent 
 to new Lawes, but for fining or impri- 
 foning any but as aforefaid, is but of a 
 Jate date, and no ancient ufage : They 
 have no JurnalJ boolce , but fithence 
 Edw.6. time 6. Hen. 8. cap- i$. doth 
 not prove the Houfe of Commons to 
 
 2iEd,4fol ^ Court of Record, it mentions 
 
 46. * *'"^'y '° ^ entred on Record in the 
 Bookeofthe Gierke of the Parliament 
 
 if 
 
if any Member deparr inro the Conn ' Commonsia 
 rry. There is no Journallhuc fit hence P-irliamenc 
 
 f'div. 6: time, and that is aremein- 
 ranee or Memoriall, as 12. //. 4.2^ 
 The whole parliament is one corpo- 
 rate Bociy, con filling of the Head and 
 fhree Eftates ; the Court 1/ onely 
 there where the Conftlum & traBams 
 isjwhere the cCMifu I rand treaty is with » 
 the king, which is in the Hoiife of 
 I ords onely- 
 
 The houfeof Commons claimenoc « 8 ? 
 to examine upon Oarh any Man j no jI^h's* 
 Court can be withotit a power to give Dicr. 60. 
 an Oathj Courts Baron, Court of Pi- 4«pats.iiiit. 
 powders, Couniy-CoLTt, may and do "P*^* 
 give Oath, No Courr can be without 
 a power to try, no trial 1 can Ijeivith- 
 out Oath ; and therefore tha Floufe of 
 Commons not c/aiming power to give 
 an Oath, can bring no matter to triall, 
 and confeqnentiy can be no Coitrt. 
 j The behaviour of the ■ ommons at 
 j a Conferenee with the l ords ; the 
 Commons arealwa3'es uncovered, and 
 ftanding, when the Lords fit with their 
 hats on, which fhewes thev are not 
 Colleagues in judgement: for fellow- 
 judges owe no ftich , reverence to their 
 Companions. 
 
 When was ever Tineimpofed by the ^^^j*"'* 
 Houfe of Commons eftreated in the 
 
 Exche- 
 
(i42-).' 
 
 EKcheqncr ? The ejefiing of a Mcnr | 
 ber , who hath fitren j is againft the 
 Law; for they cannot remoi-e a man'l 
 out of the Hoiifenndnl}' renirned,mucHP 
 lefse a man returned duely- 
 i!//*5^c.*i. ^^^^^ Jawes irappearesjthatif 
 
 7. * 3ny undue rctiime be made, the perfort- 
 ag.H.i. returned is to continue a Member, the 
 c>iS* SherifFes punifhnient is 200.1. one to 
 the King, another to the party that is 
 duly ele^edi Imprifonmentfor ayear ; 
 without Bail orMainprife; and that 
 perfon who is unduly returned, fball 
 ferve at his owne charge, and have no 
 benefit at the end of the the Parh'ament 
 by the Writ De fo/utione fmdorum 
 Mzlitum, Civhm ^ Burgenfmm Par- 
 liament, And the triall of the fai- 
 fty of the retiime, is to be before the 
 Juftices of the Afllzes in the proper 
 5.E.4.ao. County, or by Aftion of Debt in any 
 5.Ed. 4» 4t' Court, of Record. This condemnes 
 the Committee for undue Eieftions , 
 which hath been praftifed but of late 
 times 5 for befides thefe Lawes, it is a- 
 gainft a Maxime in the Common- Law 
 an Averment is not receivable againft - 
 the retumeof theSheriffe,for hisRe- : 
 turne is upoii Oath, which Oath is to 
 be credired in that Suit wherein the 
 Retume is made- 
 The faid Statutes conderane and ' 
 
 make 
 
■(i43 ) 
 
 make thofe Members no Members, 
 which were not reHant in the Country 
 *and Boroughs, for which they were 
 iVledcd, atthetimcofthetefte'of the 
 j V Vrit of rhe Summons of the Parlia- 
 ment, and an}^ abufive praftice of late 
 ./lines to the contrary is againft the 
 law,and ought not to be allowed. 
 
 Aff iu/t upon Parliament- men ■ * 
 
 Ifa Parhamcnt-man, or his Meni- y.H.4.c.«. 
 all fervant be affaulted , beaten, or X'.H.fi.cii 
 woimded , in the Parliament- time, 
 proclamation fba 11 be made w here rhe 
 deed is done , that the Offender fball 
 fender himfelfe to the Kings Bench , 
 j Mfcithin a quarter of a year after prod a - 
 i mation made, and the Offence there to 
 j be tried,for Default of Appearance the 
 ! Offender is declared, attainted of the 
 i Mi/deed,and it is accorded that there- 
 after it be donelikewife in the like 
 
 Serving of proc?fse upon a I ord of clarels. E. 
 the Parliament punifhed in the Lords 3 4.pars 
 Houfe- inft* fol 24. 
 
 Serving of procefseupon 7'-6(7r«f5>' ro-Thorni-- 
 inquiredofintheCAd^Jcery, and there cjej^eof 
 the Offenders were convifted . the Parl» 
 
 The prcmifes prove) that breaches ibid. 10, 
 of priviledge of Parliament may be E-3» 
 
 punifbed 
 
C H4) 
 
 punifiied elfe where than in Parlia- 
 ment. 
 
 Upon all this difcqiirfe, it is cafie 
 to difcernewharfruirs maybeexpeft.^ 
 ed from this Parliament , continuing 
 as long as the two Houfes pleafe j and 
 that there is no fafety for this com*' 
 ir.on-wealtb, but by the Obfervations 
 of their ancient Pranchifes , cuftomes 
 and Lawes. 
 
 GoncIufiOn. 
 
 J Say againe, that rvithovit an-Ali of 
 Oblivion, a gracioue gene taU Pardon 
 from His Majefly , the Arreares ofths 
 Souldiers paid, a favourable regard 
 had to tender Confciencesi there rcill 
 be neither Truth nor Peace tn this 
 Land, nor any man fecure of any thin^ 
 hee hath. 
 
 AN 
 
■ (145) 
 
 AN 
 
 A POLOG Y 
 
 FOR THE 
 
 ARMY. * 
 
 Touching the Eight Queries. 
 
 THefe Treafonabfe and infoJent 
 'paries makerhe Army the ^n&on. 
 Horifes Subjefts; andnorrhe foI-iiS, 
 Kings. None by the Lawes of SMmford, 
 
 . thrs Land can in this Kingdom ' 
 havt an 'Army but his Majefly. 
 
 It a^jpeares, the Army doth now 
 -evidently perceive, that they were 
 -^mif-led by the fpdcious pretences of 
 '^'dliUpopu/h the roaintehdnce of the 
 Kings Honour, and of the mainte- 
 nance of the Lawes of the Land, and 
 Liberties of theSubjed: ,* to;^Reiifp ; 
 Amies againft their nattirall t?^' 
 lord arid Sovcraigne the King • the 
 people is the Bodyi the King is the 
 Head j was the Body Yafe when ^ 
 Head was diflrcired aivd imprifohed:' 
 
For I awes and I iberties have not the 
 prevailing partv in the two Houfes de- 
 rtroyed above an hundred Ads of Par- 
 liament, and in effeftj Macna Charta, 
 Ma^Xjar. ^cbartade Forrefta, which are the 
 All the Aft common Lawes of the' Land / Doth 
 concerning Excife J the Fifth , and Twentieth 
 rhe-King, parts, Meale-money, and many more 
 Chgrch and Burdens which this Land never heard 
 ^Sr"' of before , niaintaine the Liberties of 
 cap.i.' * thepeopic/ You and that party of the 
 two Houfes, made the Army by feve* 
 rail Declarations before Engagement, 
 - bekive that yoa would preferve the 
 Kings Honour and Grcatnefle, the^ 
 Lawes and Libertyes of the people 
 The Army and the whole Kingdome* 
 now faBa videm , fee your Adiong^ 
 and have no reafon longer to be leive 
 your Oathes, Vowes andt -declarati- 
 ons i and fince that ipaSfty*^ in the two 
 Hanfes refufe to pferformc any thifjg 
 according ro their faid ©athes, Vowcs 
 and Declarations , the Army and the 
 (Kingdpme m^y and otight) boith bj 
 ; f^roiirpwne principles , -and the Lawes 
 otfhe Land > to purfue the ends for 
 which they wereraifed- And fo j^our 
 firft: ^nere is refolv«d ; whereby « is 
 i^nite&y that fpecious -ptetettces ffl 
 carry on ambitiousv^and pemirous 
 Defignw, fix not upon the Army, but 
 
 upGfl 
 
■ Ci47) 
 upon you, 4nd the prevailing party in 
 borhHoufes. 
 
 Thefelution of the fecond Qjiere- 
 
 1 he Army, to their eternal 1 honour, Iff 
 . have freedthe King from imprifon- i" jaSid. j 
 mmtaxffd/mby. It was High Treafon &3-e.<?.c.» 
 to imprifon HisMajefty ; to free bis n *l'7ci» 
 Majefty from ?hat imprifonment was • 
 to deliver him Out of Trayterous 
 hands , which was the Armyes boun- 
 tlendtity, by the Law of God and the 
 Land. Th at party reftifed to fuffer 
 his Majefty to have two of his Chap' 
 lains for the excrcifeof his confcience 
 who had not taken the Covenant; 
 free accelTe was not permitred; doth 
 the Army ufehis Majefty fo ? all men 
 ■fee that accefie to him is free, and fuch 
 Ghaplaines as his Majefty ^efired are 
 now attending on his Grace : Who 
 are the guilty perfons? the Army, who 
 in this AdioH of delivering the King, 
 aft according to Law , or the faid par- 
 ty who afted Treafonably againg the 
 Law ? who doth obferve the Prore- 
 ftation better ,they who imprifon their 
 KingjOr they who free him from pri- 
 fon ? 
 
 That this Army was raifed by the 
 Parliament, is utterly falfc : The Ar- 
 il 2 my 
 
my was raifed by the two houfes upon 
 the fpecious pretences of the Kings . 
 Honour, common fafety J and the pre- t 
 
 fervation of Lawes and I iberties i i? 
 which how made good , hath beene 
 - fhewed before, and all the people ot ^ 
 the Kingdom do findeby wofull expe- 
 
 tience- 
 
 • J he two Houfes are no more a Par- 
 
 „ 5 HairentjthanaBody withoutaHeada 
 ^6H7 Dier. Man- The two Houfes can makenp 
 60. 4 pars ' Court without the King i they are no 
 Inftic^p^Lj. Body Corporate without the King j 
 12.14- they all. Head and Members, make 
 inlkcl'/' one Corporate Body.. And this isfo 
 17. Carol, clear a Truth, that in this Parliament} 
 The Aa for by the Aft of 17- Cdro// it is declared, 
 thccontinu. -Yj^^t jhe Parliament Oiallnotbe dif- 
 Smcau folved or prorogued but by Aft of 
 Parliament: but the two Houfes may 
 refpcftively adioiirne themfelves- Two 
 Houfes and a Parliament are feverall 
 things, Cun^afidemverafacimt'iW 
 circnm/bhcesagreeto prove this truth- 
 
 Before the Norman Conqueft , and 
 4,par.In{\it. ^^^^^ j^js day, the King is holden 
 
 4. parJnftir. PrincipmCaput i?/ni/5 that is, the 
 p. 4.9*. beginning, Headj and chiefe end of 
 
 5. fliicui the Parliament , as appeareth by the 
 
 Treatife of the manner of holding of 
 Parliaments made before the Normsn 
 Gontjueftj by the Writ of Summons 
 
. of Parliament whereby the Treaty an;? 
 ^ F arler in Parh'ament is to be had wirh 
 
 the King onely ; by the Common 
 I Law, by the Statiife Law, by the Oath 
 
 of Supremacy taken at this, and e- 
 • very Parliament , it doth raanifeftly 
 
 appeare , that without the KING 
 1 there can be no colour of a Parlia- 
 f inent. • 
 
 How many Votes have they revo- 
 ked in oneSeflion, yea, and Bills/ 
 Was there ever the like done? Nay, 
 «s not the conftant cotirfe of Parlia- 
 ments, violated and made nothing 
 thereby / They are guarded by armed 
 meB,divide the publilce Mony among 
 themfelves, and that party endeavours 
 to brmg in a Forraigne Power to in- 
 vade this Land againe- If they be no 
 Parliament, as clearely they are none 
 without his Maje%,theyhaveno pri- 
 viledges, but do excrcife an Arbirrary, 
 Tyrannical! and Treafonable pmver 
 over the people. 
 
 By the Law of the Land , when - p , ,„ 
 Treafon or Felony is co>nmirted, it lltlV 
 is lawfiill for every Jubjeft who fuf- 9n.^ ^7, 
 fpetts the Offender, to apprehend him 4^7- 18. 
 and,tofecure him fo that Juftice may »7H.8.sa. 
 
 Ue done upon him acccording to the 
 Law. 
 
 You fay, the difobedience of the 
 ^3 Army 
 
(ISO) 
 
 Army is a Tad publiclo prefideftt, like 
 to conjure upa fpiritof univerfall dif- 
 obedience. TpraV objednot thatcoh- j 
 juring up torheArmyj whereof ydii 
 and the prevailing party in the Houfes 
 are giiilty, who conjured up the fpiric 
 of univerfall difobedience againfthis 
 Majeftyj your andourorrly Supreme 
 • Govern'our,but} Oii,and that party^ in 
 the two Houfesi and ' evoi then \*hen 
 the Houfe of GoiTHwOnS were tak'ing 
 and did take the faid Oath of^ Supfc- 
 iracy? For theCovcnant yon arenriort, 
 itisan Oath ngainft theLawcSof the 
 Land, again:^ the petitic»i' of Rigf^r, 
 deviled in Scotland , wherein theiipft 
 Article is to maintaine the Reformed 
 i elJgion in ihtChwnhoi' Scotland:' 
 And ccrtainely there isno ftibje^of 
 the Ervglifh Nation dorh know what 
 »-P" theScortilV. Retigion isi I belieTiC-The 
 y*, /' Army topke northe-Coveftanti. liJo 
 a. par. InA man by the Law- can - give an Oath in 
 6v a new cafe without an aft Of^ ParH> 
 Pccicionof in^ntjand therefore the impofers 
 a P?'!'i!ift!t,' thereof are very b[ameable^ and guilty 
 li^. ' ©f the higheft Grime. 
 
 The Writer of thefe Qjiatn i^ems 
 to profefethe Laws ; lethim' derfaic 
 what Aft of Parliament doth juftifie 
 the tendring, giving, or taking of the 
 faid Oatli*J & kqowcththere isronc 
 
 he, 
 
he knowerh that all rhe p^rts of ir are Maq Cha.f. 
 
 •deftrnftive to the I aws and Govern- "p.i.& uU 
 
 • ment to mainraine which the Law Jl^jcrf S?' 
 
 ( Isf Nature, and the Law of the l and maoy 'ocher 
 had obliged them. The Oath of the Sum es. 
 
 ,, Covenant ipakies the Houfes fuprcme i<^«£'4» lo* 
 Governours in caiifes Ecclefiafticall i 
 the path of Supre<nacy, makes the 
 
 i King .fo : and i yet both taken by the • 
 fame perfonsjaithe fame time- What 
 credit is to be given ro pcrfons who 
 make nothing of Oathes, and contra* 
 dift themfelves ^ How doe the Cove- 
 nant & the Oath of Supremacy agree ?; 
 How do their proceAarion the Gd^ , 
 venant ag^ee? How, do their iOedaf at i',. 
 onsandOarhes agree? The Lord be 
 mercif"! ro this Land for rht/e Qarhs. 
 
 It is a fad thing to CQnfider that To 
 many Gentleman who profe^Te the 
 Lawes? apdro many worthy men in 
 
 both Houfes ihojiildibe fo tranfpiairtesi 
 afthey are* koow^g, that the lawes 
 of the Land from time to time ^ 
 and in all times , are contrary to all 
 their aiftions, and that they yet lh.ouId 
 amufe themfelves and the people with 
 the wordparliamentwithoufi the- K ing 
 and with the Covenant i whereas rhey 
 knowtbst^y are rjo RarJiampit without 
 ^ Maj«fty • andrihe Engiifii-Hieft 
 TQwQut ihe Kingdom ftuwld fwear 
 E 4 ^ 
 
(ISO 
 
 aCovemnttopreferve the Reformed 
 Re!i{;ion of Scotland > in Doftrine, 
 Worfhip 5 Difcipline and Govern- 
 ment, which they doe no more knowe 
 than the Dodiine, Worfhip, Difci- 
 pline and Governement of Prejier 
 John in Ethiopia •■, if they confider 
 it, they cannot but difcerne that this 
 is a high defperate and impious mad- 
 neiTe. 
 
 Be wife in time; Without the King 
 and the Lawes , you will neve^ have 
 one honre of fafety for your Perfons, 
 Wives, Children or Eftates- Be good 
 to your feVes and to your pofterities > 
 apply your felves to be jcapable of an 
 Ad of Obliviooj and of a general! par* 
 don, and to be able and will ing to pay 
 theSouIdiery,and to allow a reafona- 
 ble Liberty for mens confciences 5 and 
 God will ble/le your endeavours: 
 and the people ( to whom you are now 
 very hatefully will have you in better 
 eftimation. 
 
 The third {^tuere is thus anfuvered. 
 
 Yon refemble the Army 10 Jack^ 
 Cade and his complices, and you cite'- 
 the Ad of Parliament of 31 Ifen^ ' 
 cap I ■ And that it may appeare who 
 SL&sthcpmoffack^Cadei you ani 
 
that party in the two Houfes , or rhe 
 " Army, 1 thinke itneceffary to fet down 
 ' the faid Aft in words at length as fo^ • 
 i Joweth. 
 
 4 ¥u{k,Wberas the trojl abominabk Ty- 
 rant, horrible-, odioui and arrant falfe- 
 
 • Tray tor lohn Cade aA\it^ andWning 
 himfelfe rometime ' Mortimer-Somtnmc 
 Captaine of Kent^ which name , fame, 
 afts and fares are to be removed out 
 of the fpeech and minds of every fairh- 
 fiil! Chriftian man perpetually , falfly 
 
 . and trayteroujly purposing > and imagi- 
 ning the perpetuall deftruBion of the 
 Kings faid Perfon-,and finall fubvertion 
 of this Realm, taking upon him Royall 
 Power,andgathering to him the Kings 
 people ingreat nu.mbers-,by falfe fubtile 
 imagined language > and f edit iou fly ma- 
 
 ' kjng a ftirring Rebellion s^fy InfurreBi- 
 Pihunder colour of Juflice , f r Refor- 
 mation of the Livcss of the faid King , 
 robhing-Jieali^g and fpoy ling great part 
 of his fanhfnil people. Our faid Sove- 
 raigne Lord the K ing conHdering the 
 preinifes, with many other which were 
 more odious to remember, by the ai- 
 vice and confent ef the Lords aforefc i I 
 and at. the rec/uej} of the faid Commons, 
 and by authority aforefaid , harh Or- 
 dained and Eftablifhed that rhe faid 
 John Cade) fhall be reputed) had^ na- 
 H5 n,cd» 
 
C154) 
 
 s«edr and declared a falfe .Trayt«rt«' 
 cur Soveraigne Lord the King j and 
 fhat all his tyranny., afis» fates j and 
 falfe opinions fiiall be voided} abated) 
 niii'ed , deftroyed and put out of re- ^ 
 membrance for eva" : andthatalllji- 
 diteiTients, and all things depending , 
 rhereofjhad and made under the pow- 
 er of Tyranny , fhallbelikewife void 
 annuled, abated, repealed, and holden 
 for none : and th^ the blood of none 
 ofihem be thereof defiled nor corrup- 
 ted , but by the atithority of the faid 
 Parliament clearly declared for ever; 
 and that all inditements in times co- 
 ming 9 in like cafe j under power of 
 Tyranny, Rebellion and ftirring had, 
 ftialll)e of no Record nor etfefl- , b« 
 void in Law } and all the Petitions de' 
 livered t& the faid King in his lafi par- 
 ftament holden a WeJhninJfenXovemt' 
 6' in the 29 of his reign, againji his 
 mind> by him notagreed^ fhallbet&ksn 
 and put in oblivion , om of remem" 
 brance^mdone,' voided? anulled, and 
 deftroyed for ever, as a thing purpo- 
 fed againft God andconfcience, and a* 
 gainfthis Roy all eftare and Preemi- 
 nence, andalfo dilhonorable and un- 
 reafonabIe> 
 
 Now We arc to examine who harh 
 ffod in rfieftepsof /tfcA.Ctf(/f,you and 
 
the prefent prevailing jsarty of the two 
 , Houfes tooke upon tbemj and doe lah^ 
 , alltheKoyali power in all things 5 fa 
 f I did lack. Cadeiis apppearcs bv the Ciid 
 1 Aft ; the Army do norfo * They who 
 j' imprjfon the King purpofe to deftroy kij ^, ^, 
 !• perfon ('oiirimprifoncd Kings alwayes Hcnry*(?f* 
 * fared fo J lack. Cade did Tikewife fo Richard* x„ 
 I purpofe : The faid party in the two 
 1 houses made ajlirrin^ under colour of * 
 I jujlicefor reformation of the Laweiy 
 I fo did Iack.Cade : The Army doe not 
 j, fo, bur dcfire rhat the Lawes fliould be 
 ( ebfcrved : lack Cade levied Warre a 
 gainjl the King , 1 he Army prefer ves 
 him : lack. C<ide dyed a Declared 
 f Tray tor to bis Sever A'gne Lord the 
 King, This Army might have lived 
 to have the glorious rrue Honour of* 
 ( , being reftorers of their King- 
 
 Simon Sudbury Archbifhop of Can- 
 terbury was imuthered by /^.^S/rarfJ 
 LtfH^iArehbifhopof Canter- 
 I l>ury was likewife murthered by that 5 ^, 
 ' party of the tw o Houfes , for that an Petic on w 
 Ordinance by 1 aw cannot take away Right* 
 any mans life , and his life >\ as taken 
 away by an Ordinance of the two 
 Houfes, th« Army had no handii? if. 
 Many mifled by lack Strav , pcrcei- 
 ving his Ttayteroas purpofes.fell from 
 him : and as that was Jaw'fulU jiift* 
 
 andi 
 
and honourablcj fo ir is for this Army 
 to adhere to their naturall King, 
 and fo endeavour to fertile the King- 
 ddiii againe in the juft Lawes and Li- 1 
 berries thereof : London did then right 
 worthily adherer© rhe King and rhe 
 lawesjand nor ro J^ach^ Strarv and his 
 fpecious prerences j and it is hoped 
 ^ they will now fo do J By this it ap' 
 pearesj that the Genrlemans cif- 
 coarfe roiiching Jfacl{_Cade,{i(\ens al- 
 together on his parryj and clearcrh the 
 Army.. 
 
 To the I V. which k refelved thus- 
 
 The Arreares of rhe Army ( howbe- 
 it iris the leaft thing they look aka ) 
 yer ir being nor paid rhem> ir is by the 
 Law of the Land a fufficienrcatifeto 
 leave and defertthai party in the Hou- 
 fes : A perfon who fcrvcs in any kind> 
 and is nrr paid his wages, the de^eiti- 
 on of rhar fervice is warrantable by 
 the tawes of the Land : YOii fay, the 
 Houfps will rcforir.e all things when 
 Pitr N,B, the Army doth disband'.- Who will 
 159* believe ir? Will any believetharthe . 
 ^£n,T.in. <"«'jngof rJie Presbytery will doe it ? 
 aj.IIiz/ Will any believe that his Majcfty wil 
 Dicr.3jJ^» palTcthe Tropofitions fent to Him to 
 NewcaJIki'VViltiny man believe that 
 
 rhis: 
 
t this K ingJom wil 1 ever be quiet, with' 
 f out his Majefty and the ancient and 
 ' jnftL awes '* Can the Members of the 
 ^ Array conceive any of them to be fafe 
 in any thing without a pardon from 
 ij, his Majefty ? have they not feen fome 
 of their Fellowes hanged before rfieir 
 ! eves, for anions done asSouldiers/ 
 j Shall the Kingdom have no account of 
 i the many Millions received of the 
 publique Money ? Will the Members 
 of the Houfes accufe themfelves ? Shal 
 private and publique Debts be never 
 paid Shall the Kingdome lie ever 
 on burthens of Opprefllon and Tyran' 
 ny ? There is no vifible way to reme- 
 ^ dy all thefe Enormiries? but the power 
 of the Army. 
 
 Xo the V. rcbich is folved thus. 
 
 The Kingdom hath bearer a^Turance- 
 of Rt formation from the Armv, tharr 
 from the Houfes, for that in rheir Mi- 
 litary way thev have been jtift faithful' 
 and hrnourab!e,they have kept their 
 words : T hat Party of the Houfes have 
 hcen conPant ro nothing but in divi- 
 ding the publique Treafare- among 
 therufelvesi and in laying Burdens up- 
 on the people: and in breaking a!! the 
 Oathcs, Vowes> and promifes they 
 
zjSc.^. E.^. ev^tmade -* As.tIie Ar>ny hath power, 
 ii'w.j.c.u fonow adhewngtothe King, ail the 
 Caivins Lawes of 6od» tvanirc, and Man » 
 cafe.7.pars, are for them, the't Annies are juft , 
 CooK.fe.ii.gjjjj H^lgj]-^ i and the King is bound in 
 jufUce to reward his Deliverers with 
 honour, profit^ and mejere iibeny qf 
 confcience- 
 
 * To the V I. ^<tre. 
 
 All the fixth ^«4!re conraines ca- 
 lumnies caft upon rHe Army \ the new 
 Eleftions are againft all the Lawes 
 mentioned in tne Margin, and are 
 ,11 againft rheEjeftion of the old Mem- 
 , ji^^*^**^'bersi and by this it may be judgedj 
 8.*h, 6.C.7- what a Honfe of Commons we have. 
 93*b<tf By thefaid Lawes it appeares , that if 
 any undue returne be made, the perfon 
 ' returned is to continue a Member, the 
 Shcriffes punilhment is two hundred 
 pounds , one re the K ing , and the 
 Other roihe party that is duly ele^edi 
 Imprifonment for a 5 earc without Bail 
 or Mainprife 3 and that perfon w ho ij 
 tinduly returned lha! I fei ve at his own 
 charge? and have no benifir ar the end 
 ©f the Parliament, by the Writ De fa- 
 lutione Mi/itumi Civium-,^ Burgenff^ 
 um Parliament- Andthetriall of the 
 falfiiy of the Retiirne, is to be before 
 
Cm) 
 
 fce jnftices of Ai?kes m^ the |?r08>er 
 Counry,or byAftion of Pcbiin any 
 
 ' Court of Record. This condemnes 
 the Commiiree for andue Eleftions , 
 
 Kvhich hath been praftifed but of late 3^E4-i«>v 
 times : for befides thefe Lawes,itisa vEd'4-4a» 
 
 . Maxime of the Coremon-Law , att 
 Averment is not receivable againft 
 the Returne of the SherifFe, for his 
 Returne is upon Oathi which Oath is. • 
 to be credited in that Suk wherein the 
 Returne is made- 
 
 Thefaid Statutes condemne Eledi- 
 Ons of fuch men who were not refiant 
 and dwelt in theCoiinry or Boroughs 
 for which they were returned i and 
 any abufive pradife of lare times to 
 the contrary, is againf\ the Law, and 
 ought not to be allowed. 
 
 To the V 1 1. ilu£re. 
 
 The Ctidinfl fairh, that the Votes 
 of the Independent? in the Hoafea 
 were arbitrary , exhorbitant, and irre- 
 gular, and that they difpofcd and fin- 
 gred more of the common Treafure 
 than others, That whole ^i^re. I be- 
 lieve is falfe and flanderous; and the 
 Author ought to make ir good, or 
 «lfeio«ndergoe the Law of Talhn\ 57 
 whichis to fuft'er fuchpunifhnient, fai- c.!;/ 
 
iflg of his proofe, as the accufed ftiCHild 
 in cafe of proofe tnade> 
 
 Te the VIII ^are- 
 
 This ^dtre ii all minatory and 
 rhreatning, and the contrary of every 
 part is true : by the deliverance of the 
 King and Kingdom from the bondage 
 of that party in the two Hoiifes by the 
 Army, their renown will be everlaft- 
 ing t they fecurethemfelres,they con- 
 tent and pleafe the Kingdome, City 
 and Gountrey , as appears by their 
 confluence to fee his Majefty and the 
 Army « and their acclamations for his 
 Majefties fafety and reftimtion j all 
 which doth evidence to every one of 
 the Army, how acceptable the intenti- 
 ons of the Army are to the people of 
 this I and » who have been fo long in- 
 thralJed. 
 
 Sir Thctnas Fahfaxt let yoiir Wor- 
 thinelfe reirembcr your extraftion 
 and your Ladies? by the grace and fa- 
 vour of the Prince, to be in the ranke 
 of Nobility Remember w hat honotJt 
 andglorv the prefenr ageand ail pQ. 
 fterity will jufily give to the FCeftorer 
 of the K ing to his Throne , of the 
 Lawes to their ftrenglh, and of the 
 
 affli(^d 
 
Let the Colonels and Commanders 
 tinder you and likewife your Soal- 
 yiery, rert alfured, that they fliaU not 
 onely. ftiare in the renowne of this 
 • Aftion , but alfo fhall have fuch Re- 
 muneration as their haughty courage 
 and fo high a virniedorh deferve- This 
 his Majefty can and will do,the Hou- 
 fes neither will nor can : and God 
 bleflc^you all and profperyou. 
 
 J Conclude alUas 1 have alrvayes done: 
 Without an A3 of Oblivion , agene- 
 rall pardon, the arreares of the Soul' 
 diery paid , and a regard to liberty 
 of Cortfcience, this Kingdome will cer- 
 tainel) be ruined' 
 
Judge lenkins 
 
 PLEA 
 
 Delivered in totheEadc 
 
 of ^anchefier , and the 
 Speaker of the Houfe of 
 Commons, 
 
 $itting in the CHANCERY at 
 Westminster, 
 
 Vvhich was read by their command in 
 open Court, the 14. of Febr. 1647. 
 Andthere avowed. 
 
 By David Jenktns Prilb- 
 ner in Newgate, 
 
 M ^ 
 
 L onv 0 Ny 
 Printed in the yeare, 1^ 4. 8* 
 
(1^5 ) 
 
 ludge lenkin's 
 
 , P L E A 
 
 Delivered into the 
 
 Esirle of Manchefler^ 
 and the Speaker of the 
 Houfe of Commons , 
 litdngin the Chancery 
 at Wesm insTer. 
 
 I Have been required to appeare in 
 the ( hancery the meffth of this 
 inftanr February , before Com. 
 miflioners appointed by the two 
 Houfes for the keeping of their 
 Gfcat Seal,and managing the Affaires 
 of the ChanceryV • ' 
 
 I cannot, nor ought, nor will fub- 
 niit to this power; I am a Judge 
 fworne to the I awes. The Law is 
 Firft, that this Court is Coram Kege in 
 
 Cm- ^ 
 
. . Canceflaria ' SecondIy,the Chancellor ^ 
 tofVa Keeper of the great Scale is by de-. 
 
 g^H.^fol^. livery of the great Seale to him by 
 j>«E.4, f.iS.'the KING, and by taking of aij-. 
 Oath. 
 
 The Oath folioweth in thcfe * 
 words- ' 
 • ^ 
 
 1- Welland4rkfy to ferve our So- 
 veraigne Lord the King) and his peo- 
 
 i©.R.2.rot i'To'do right to a! manner of people 
 FiitUmm.S'P'^ore and rich, after the Laws andu- 
 fagespfthk Realm- . i 
 ^ . Truely to Comcell the King and | 
 hk Counce/Ito conceak and kgep- 
 
 4. Not tofuffer the hitrtior drfherri- 
 ting of the King^or that the Rights of 
 the Crovm he decreafed by any means as 
 far at he may let it' 
 ^ .S. Jf hemaymtlet^tfhefbdU make 
 h clearely and exprefly to bee kjiownt 
 to the King with his advice and conn' 
 fell' 
 
 6.Jlnd that he fit all dee rndpur* ^ 
 . chafe the , hifigs profit in all that he \ 
 reafonably may, at God him belpt and 
 the ciiments efOtds bMhff^ 
 
■(1^7) 
 
 The faid Commiflioners among o- f>eefaM7- 
 •thers have imprrfoned their King, 
 have declared ro the Kingdome that 
 jjchey win make no ■ Adrefiesor Appli- 
 ^ catfons to him, rtoi- receive any from 
 iihim. 
 
 Have connrerfeired a new great Seaf^ 
 arid after deftroyed the rrne old great Articul ftp; 
 ^eale w^idi ijelqngedby thdLaw to ft5« 
 ■ the Kings criftody- > ' ' 
 
 ' Thtfe CommifTi6neri 'have^hadno 
 ^Seale delivereJ'io them; by hh Maie- 
 fty, have taken nofitch Oath,or foil 
 il 1 keep* it , and for thefe evident rea- 
 fons grounded npon rfa^e Ftindamentail 
 Law« of this Land,' 'thefi^ Commifitio- 
 ners have neither eoiirt, Seafe, or 
 Commiilion , and therefore I ought 
 ndt agairift the Liw^'es, againft my 
 knowledge, and againft my conference 
 fiibmit ro their power - 
 
 To iffirme^at ''they mainrawe . r 
 th^ Kiijgs Power 'and Authority in * 
 relation to; His Lawcs f asthey bfren 
 doe )andreftraineonefy his Pd-fon, 
 isftrange. 
 
 They muft be remembred that the 
 Hoiife of Commons this Parliament 
 gave in charge to Mri SdJilcitor npOn 
 the profecution of the Bill of attain- 
 der againft theEarlebf.Stra/ofi , to M.Solici»r 
 declare the Law to be, that Mathina- pag af < 
 
 tion 
 
thn of War againfl the Laws or King- \ 
 dome,is againfi the King-, they c<an«% 
 ' . be fevered- / W 
 Ms Pirn Mr. P>m had in charge Iikewife 
 F.i*<J. * on the fame profeaition to ^\Ar\y 
 that the King <^ his people are obligi^ 
 one to another in the nearejl re/ationii)^ 
 heUa Father,and the child, in law 
 called pars patris,Ae if the Husband oh 
 the Common-wealth , they have the 
 fameinterefls, they are infeperablem 
 their conditionbe itgoodor evilbhe it 
 the Head, they are the body, there k 
 fuch an incorporation as cannot be diy 
 folved without the defiruBion of both* 
 This agrees with our Lawcs, and the 3 
 20. H.7.foI. Law of this Land : In that argumentolj 
 7- . Mr. Sollicitor, and difcoiirfe of Mr^t 
 8.H.7.fol. dirededby theHowfeofGommons , 
 JrE.5.fol are contained the true tights, liberties ] 
 4lE.4.fol» and laws of the people deduced froni | 
 • 5 ♦ onr Anceftors in al 1 ages , and where l 
 
 5.E.4/0L jg ijpg qj vvord is a 
 
 greable to the tawes, and, ane- 
 ceflary and ufefaU book to be perufed) 
 and followed by all •, which bookj 
 was piiblilhed by Order of the Houfe 
 of Commons. If the doftrine of that 
 book had been follovv^lv we had not 
 been to miferable as we are 5 neithei 
 had thefe great evils enfuedj for the 
 which die Land mourns. 
 
 Ii 
 
In this Month of Febrm^y fiK years ^^jj^^ ^ 
 now part , the onely Direrence be- oidinanccs, 
 tv\ cene His Ma'efty and the prevailing r pars, 
 •party in both Houfes,was touching the fol.^^jd/. 
 BOwcr of tlie iWr//i7<*yv\*iioh in plaine 
 p.ng!ijh is, Tower over Sea and Land : 
 this was the fole quarrell : the King 
 and His Progenitors have had it in all 
 Times, the Lawes have fixed it upon ^ 
 iheiTT, they have ufed it for the Weale 
 of the people : none of the Subjefts e- 
 ver had it or claimed iti the I av\ es de- 
 ny it them i for the time they have had 
 itjOur prefliires have been miferable* 
 
 His MajeAy hath a numerous Iffuejr 
 and fo hath his Father many great 
 perfons of England.zviA Scotland are of 
 the Blond Royal? and all the Kings of 
 Cbr'tfiendom areofthefameBIoud , lo 
 long as the Lawes laft , or any of the 
 faid perfons , or their Defcendants be 
 living, th's people fhall have neither 
 peace nor profitj but all the confuHons 
 that are imaginable will attend them. 
 
 And therefore ( at length^ be good to 
 your felves> reftore our King , receive 
 fi om him an Aft of Oblivion, a gene- 
 ral 1 pardon, alTurance for the arrcares 
 of theSouId'erv) and meet fatisfaftion 
 totendcr confciences. 
 
 February 12 By David fenk/ns, 
 1647. Prifoner in Newgate- 
 I 
 
THE 
 
 ANSWER- 
 
 I OF 
 
 WDGE JENKINS, 
 
 TO THE • 
 
 IMPUTATION 
 
 PUT UPON HIS 
 
 PLEA 
 CHAN CERT. 
 
 Which was read in open Cou rt the 
 14. of Feb> 1647. 
 
 And avowed by David Jenkjns Prifoner 
 in Newgate. 
 
 Printed in the yeare, 1648; 
 
f THE 
 
 ANS W E R 
 
 OF 
 
 Judge lenkins 
 
 TOTHE 
 
 IMPUT ATI ON 
 
 Put upon him in 
 
 CH^NCEKT. 
 
 I Have no difpofitioii) nOr ever 
 had> to be known by any pub- 
 Jiqiie Writing ; thefe raifcrable 
 Times > which fill many mens 
 moutbesj and mo.'^ mens eares 
 with notwious Untruths, thereby to 
 bJaft and deftroy the Kings Sacred 
 Majeftyj his JLawes and Governments 
 and to bring in a confiifion 3 enforce'h 
 me at this time ( who formerly have 
 written nothing but for the publique) 1 
 I 3 t© ' 
 
Ci74) 
 
 tolrtthe World know how iinjuftly 
 the Pamphlererof rhis Weeek, Licen- 
 fedbyotir Reformers, hath traduced 
 me touching a Aiit commenced intheipj 
 Court of Chancery againft me, by ona 
 M-Ernely a Wi/tp^ire Gentleman, tou-' 
 chingthe Eflate ofone M- Tkotnas of 
 G!amerganP)ire : the truth whereof is 
 as followeth : 
 
 M. Thnmas, whofe Fatlier and my 
 Grandfather were two Brothers , 
 about fevcnteeneyeares part made his 
 Will, and declared by the fame his 
 6'on(being then of very tender yeares) 
 a Ward to his Majefty,and made him 
 Executour , and my felfe during his 
 tninoriry, ("referring to his Wardfhip ) 
 to adminifler his Eftare perfonal! and 
 teftamenrarvj andro be accountable to 
 his Son wh(n hecametoAge ; j^nd 
 feventeene yeares fithence the Father 
 died. 
 
 1 his Eftate confifts in a Stocke of 
 Sheep, fo difpofed by me as the num- 
 ber are yet conrimjed^arid for the num- 
 ber and conditi cn , they were ar their 
 Delivery backe , to be made as good 
 by thofe perfons who had the charge 
 of them, as they were when they were 
 received. 
 
 The reft of the E!"'ate (for any con- 
 fidcrableparr J was in Morgages of 
 
 Land, 
 
(175) 
 
 .Land, forfeited in the life of my yoiin^ 
 J Couf)n Thomas for many of rhem, and 
 many abfolutelv purcftared by ire in 
 Ails name in his Jifc timejfor the which 
 ilam not yet pavd- 
 * The Land difccndcd, and onghr, 
 upon Sir E ivcard Thomas, my Co ifins 
 Heirear Common Law j fo that Mr. 
 Ernfj^yjthe Plantifte \nChancry-, hath 
 no coiilour f©r the Land For my 
 young Coiifin dyed without iffue a- 
 boiit 17 yearesold, and could nor dif- 
 pofe of the Inheritance of any Land 
 by any pretended Will : The fiock of 
 Sheep remaines, if the T'lannffe and 
 the Reformers have not plundered 
 them : For the Mcny it came all to the 
 Court, it was to fatisfie the King for 
 the Marriage. 
 
 The colour the Plaritiffe hath, is 
 this : After the death of my old Kins- 
 man M. Thomas, by undue meanes 
 thcyenng Gentleman was married to 
 M Ernelys Daughter, in i way of Ra- 
 vilhment, being both children, with 
 out One penny payd, or confent of 
 Friends or Kind'ed ; For the which, a 
 Suit of Ravifhment depended againft 
 [ M- Ernely ax\6. others in the Court of 
 ^ Wards. 
 
 The young Gentleman dyed about 
 17. yeares of age> fithence thcfecon- 
 I 4 fufions 
 
(I70 I 
 fu/ions without iiTiie 5 and fome honrc 
 before my young Coiifins death ('who* 
 dyed of a peftilent ii'eavour)Mr.£r/)e-; 
 ley pretends a WiiJ made by him, and 
 that he imde his Wife ^M. Erneley.ei 
 Daughter ) his Executrix : His faid 
 Wife dies foon after, ,& is pretended to 
 make a Kuncaptive Wil! , and to 
 ^ in^ke her Farher(M -Ernely ) her Exe- 
 cutor, and fo pretends as Executor of 
 an £xeci!ror of an Exccuror : v,hich 
 pretended Wills, he faitfa he hath pro: 
 ved in the Courts of his jFriendSj 
 Keformerj. ■ 
 Whether fuch VViJJs \vere made of 
 fjo, miift receive an eqiialJ examinati- 
 on, and of whaf vaiiditie they are, be' 
 i^g pretended to be m^de hy .children 
 in extremh,i{ made atall ? AM whe- 
 ther an Ejiecwtor of an Excciitor of an 
 Executor can maj'nraine m account 
 by the Law of the Land ? ^-od whe- 
 ther ( J being Executor daring the 
 Minority^ V/V- the VVardfhip^ my 
 30iing Cb^f^i C9i^l4 mksfuch a WiJl 
 9} Js prercDded , ihje ipeing m e^mum 
 till his fulJag^. . 
 
 ^'^^^ ^ge touching wills, the Lawof 
 '•*.4»M. this Landx^eterroinKto fee 21. yearej, 
 and before that age at common I,aw 
 an ufe could m be deyjfc^. por wUls 
 tomh'mg goods and n battels, ©itf Z^aw 
 
 for 
 
for many ages hath left the fatiie to th<r 
 i decefion of the Civill at.d Cannrn 
 I Lawes , in the Birtiops Courrs : That 
 Law, ( as Jufl 'mian harh ii in tht fe- 
 i^condBookeof kis Jnftitutions^thc i?- 
 ilc/;fl;Jis, non licet t eft arr\h\s 
 Pubertas begins at 14- it is P/enapH-. 
 bertas at 18. yeares of age : 1 he que-, 
 ftion is, whether this jus teftandt ism 
 pubertate plena, or pubertate incept a : « 
 Piiots Ctf/?,5 partof Cooker Purports, 
 the Lo^^ors aff.rmed,ihat 1 7 veares of 
 age was a full age as to an infant Bx€- 
 cmor to difpofe of Good, ; this opi- 
 nion harh been by others fithence de- 
 nyed.Sir Edffard Cook t » part,/'/?/?. 
 feB. \ 25 faith .He nuift be 10. which is 
 thctiineof plena pubertas 2 //i???- 4- 
 12. an infanr of 18 yeares of age may 
 beadei'^^eilojr Sir Job- tioddendge 
 in his booke called , The Ojice and 
 Duty ofExecutors\ which they fay is 
 his, and it is a learned and laborious 
 treatrfe, fol 347, delivers, that this 
 opinion of 17 yeares, for that abi!«y 
 in an infant, hath been reported other - 
 wife : this latter opinion coires nea- 
 rer the Gommon Law, and the Sta- 
 tute Law of the r and : v^ hich COJB' 
 man Law, and Statute l aw, gives in- 
 fants no power by Deed oj Will to 
 make any difpofiiion of any thwg 
 
they have , before they be 2 1 . 3 eares 
 of age- 
 It fecines a !fo more reafonable, be- 
 caufe infanrx at 18 yeares have, by the 
 intendment of Law , as they grow in 
 yeares , moreufeof rcafon ro discern e 
 what is fir for them to do and Aft. 
 And for a meere ftranger to fne in a 
 Court of Confcience , ho prerends 
 • by fnch Wills of Infants ^the infant 
 Husband being ravifhed J againft the 
 will of the kindred of the deceafed, 
 who d)'ed fix yeares f; thence without 
 iffue (being 17 yeares of agejandthac 
 any part of his part of his eftate fhoiild 
 go that way by a courfeof equity, iin- 
 leflethc Law be for Mr. Erne/y , who 
 paydnot a penny with his Daughter, 
 and who would have the Husband of 
 his Daughter bring him a Portion, by 
 his pretended Title of an Executor of 
 an Ejfeciitor of an Executor, t//"^. cf 
 an infant the Executor of another in- 
 fant, the Executor of a third perfon, 
 feemes very ftrange- 
 
 The faid Licenfed Hiftoriographer 
 of theirs, hath publifhed the 16 of this 
 prefent Moneth of February, 11547. 
 TTfat I out of a dejire to keep the Eflate 
 have in a fun iit the Court of Wards, 
 in my C ouftns fife time, pleaded to the 
 iHrifdiHion of that Court. Ji is true, I 
 
 did 
 
(179 3 
 
 did fo •• ror I conceived that the E; 
 iftate would be unfdfe in Mr- ETtiele/s 
 'hands, and 1 was vviJIing ro prefcrvc 
 irrill my 3'Oung cou^en came to he of 
 lage,to difpofe ©f it himfelfe , according 
 tfas I was trufted- .?iH.8.c.46 
 The Law being , that the Court of ^ pars inftt* 
 Wardt had no jnrisdiftion over the fol.aoi ,20* 
 perfonall Eflatc for then the Marriage ^ 
 was payd for to the King 5 and all due 
 to the King afcertained- It is true 
 that that was inftled upon as was ]n?i 
 fer to preferve the Eftate from M. 
 Ernely, w ho would have made what 
 account he pleafed to my Coufin at his 
 full age : and this is the truth of that 
 bnfinefle. . . 
 
 Tharl declined nor the Jurisdifiion 
 of the chancery., to keepe an EOate^ in 
 my hand, appcares, by my declining 
 long fithnnce the power of the Houfe 
 of Commons to Examine me , and the 
 Reformershave all my Eftate : What 
 would Mr. Erne/y have , when they 
 ( the RefomerO have all already, or 
 (an have from me , if he had any co- 
 
 loor/? . . , . ^. 
 
 Idefirethe good people of this City 
 to obferve what notorious Untrnths ' 
 their Licenced Hiftographers publiln 
 to delude the peopIe,in this particular 
 cafe they publifh. 
 
 Fitft 
 
t:i8ov 
 
 . Firft, Th^t the Suite agahjime, if 
 in the behalf of an Orphan: M. Ram- 
 ley C who is Plainriffe in their Court J 
 iszWiltfhire Gentleman, atthe/eil 
 of 50 . yeares of age , there is their Or^ ■ 
 phan. 
 
 Secondly, Thar I made afpeechto 
 the people at the Hall door, that the 
 gueftimng of me for what I had done 
 /jr;A, KING, r,^ illegally and 
 taat the fudges hadnepomr to try 
 tne, the KING behg abfent : Ano- 
 ther notorious nntriuh / Forlprorea 
 to God all that I faidwas onely this , 
 Godpreferve the K I N G , and the 
 Lavees- 
 
 . Thirdly it is faid that cQxnxmtw to'! 
 the Barre, J ftirred not my Hat - All 
 the I awyers then at the Barre were un- 
 covered ; whereof J held ira civility , 
 to be alfo uncovered ; and fo J was, as 
 they ali know. 
 
 Fourthiy,That the^ar/of Manchefter . 
 
 "''^^e^'^edagreat ejiatei^.. 
 Mony,ofthe Orphans efiate: As there is 
 no truth in It, fo it is iroft untrue that ' 
 the faid tord fo faid ( as all men pre^ ; 
 lent can teftif.eOThe truth is,thcycarc 
 not what they do.what they fay,what 
 tnty fwear,nor what rhey write ; Wit- 
 i^effe the Declaration of a preva/ing 
 party of the H.of e6mons,of the 1 1 of 
 
 this 
 
080 
 
 this m^int Pebrnary y who contrarj 
 |to rfee Oath of Allegiance, the Oath 
 'of Supremacy, theProteftation; ; their 
 , folemne I eague and Covenant, their 
 tDeclarations to make HisMaiefty 9',; 
 'felorioiis King,fcarefiili to his enemies, 
 and belo ved of his fubie^ts ; and yet. 
 nowjafrer 22. yeares, they would infi- 
 niiate to the people? that this King , ^ 
 whom tl^y have fo njuch magnified » 
 hath poyfotied his owne Father. 
 
 Fifrly, it is a piiblike notorio'is 
 truth. That the Farl/ment hath pHbr 
 lifhed a Declaration againfi the King> 
 ofthei .of thii rnfiant FebrHary-whete' 
 as it is well knowwe to be the Declara- 
 tion of the prevailing party of the 
 Honfe ofCommonsonely, without the 
 Lords .• and fo they would make that 
 prevailing party onJy to be the * Par- * Their If. 
 Jiamenr. cenfed Hifto 
 
 Let the people of Wbelieve 
 their five fences how it was with them jT/Iw/thij, 
 f even yeares agoe, and before , during is called 
 his Maieftics Reign ; how this King- their Kine- 
 dome abounded then with Peace, Plen- f °p y^"^- 
 ty,and Glory, to the admiration &: en- vvedaefday 
 vy of other Nations: and now let them ■pciKj, 
 confider and judge by their Sences, to W^doef- 
 fithence thofe men (" whom nothing day ther^, 
 would fatisfte , but all Towerboth by o^'^<^^'l^47 
 Sea and Land) which in truth is the 
 
 Regality 
 
f i82 ; 
 
 and Kingfhip,which thc)^ call the MP 
 Jttia^have iifurpedrhe faid Power Rei 
 
 the people by themfelves and their A - 
 genrs, brought a flourifhing Kingdome^ 
 to the moft deplorable condition it now' 
 is in. < 
 To the end that this Kingdom may " 
 not Dtterly be rtiined, God incline 
 their hearts to reftore his Ma;eftic,and ' 
 fer their own and there Pofteriries fake 
 to receive from his Majeftie an A& of j 
 Oblivion.agenexall Pardon, afTurance 
 for the Arrears of the Souldieric, and ! 
 meet fatisfaftien for tender Confci- ' 
 ences. 
 
 gal, whether they have not by hnpo'^ 
 fiures and Delufons, ditfiifed atr^ong' 
 
 David Ienkins, 
 
 i 
 
jU5 d>7^ 05 <h <« Tj • d^) iTi 
 
 ^ Judge Jenkins 
 REMONSTRANCE 
 
 TO THE 
 LoFvDs and Commons 
 
 the 2 1. February. 1647. 
 AT 
 
 IFESfMINStER. 
 
 IDefire that the Lords and Com- 
 mons of rhetwo Houfesj would 
 be pleafcd to remember , and 
 that all the good people of Eng- 
 land do take notice of an Order 
 of the Houfeof Commons this Sefli- 
 on, for publifhing the Lord Cooi^his 
 Bookes ; which Order they may finde 
 printed in the lart leafeof the fecond 
 part of his Inftinics, in ihefe words : 
 
 Die 
 
 \ 
 
Die Mercury 12. Ma;/- 16^41, 
 
 "yPon Debatethis Day in the Com- 
 mons Houfe of Parliament, the faid 
 Hoiifedi?! then defire, and held it fit, 
 that the Heire of Sir Edward Cooke 
 fhould pijblifh in print the Commenta- 
 ry upon Afrf^nd Chart a i the Pleasef 
 the Crowne , and the jurisdiBion of 
 Courts, according to the intention of 
 thefaid Sir Edward Ceokf ; and that 
 none but the Heire oi the faid Sir Ed- 
 veard Cookf, or he that IV all be autho- 
 rized by him, do prerume to pub/rjf) in 
 /)r/nf any oftheforefaid Bookej, ora- 
 ny Copy thereof. 
 
 ElfigneCler- 
 Dotn. Com. 
 
 And I doe further defire them that 
 they would reade and perufe M- So/i- 
 citor Saint -John, and M.Pimi then 
 Bookes publifhedlikewifethis Seflionj 
 whoie Tit/ej are as followethj ^z;^. 
 
 An 
 
( 
 
 I Afi Argument ef Law , eoncerning the 
 I Bin of Attainder of High Treafcnof 
 I Ihomas Ear /e of Strafford. 
 
 r' At a Conference in a Cemmittee of 
 oth Houfes of Parliament. 
 By M: Sainr-Iohn His mjejiief 
 1 ^0 llicit or Gene rail 
 
 Vubliflied by Order of theCommoits 
 \Houfe-, 
 
 London^ Printed by G-M. (or John 
 Bart let) atrhe figne of the Guilt Cup) 
 nccr S.Au/iJnsGaxe inP4Hfes Church- 
 j yard, 1541. 
 
 And theSpeicb er DecUratm of 
 Ichn Vim Efi^uire, 
 
 After the Aecapitulation or fummoning 
 up of the Charge of High Treafojn a- 
 .gahfi Thomas £(jr/e of Strafford) 12. 
 April, 1541. 
 
 . Vuhlifbedby the Order of the Hcvfe 
 of CommonS' 
 
 LONDON, 
 
 "Prinred ^pr /^*« Bartletf, 
 
 16 4 I, 
 
 '.1 
 
 I Notfeing 
 
(i86j) 
 
 I. XTOthing is delivered for law in J 
 iX my Books, burwhartheH- ©f" 
 Commons have avowed to be I aw in,* 
 Bookes of Law, publifhed by theittfl 
 command this Seflion, and agreeabl^^i 
 to the Bookes of law, and Statutes oft 
 this Realmej in all former Times and 
 Ages- J 
 • 2.1 he fiippofed offence charged on ^ 
 
 me is againft the two Honfes , and 
 none ought to be judges and parries, 
 by the Law of the Land, in their own J 
 cafe. J 
 5.1 defire the benefit o( Mdgm ^ 
 Chart a,the Petition of right :,zx\Aoxhei 
 goodLawesof this Land , w hich or- 
 dain that all mens trials jhould be by j 
 the eflablijhed Lawes, and not ot'her-^. 
 tr;/e : they are the very words of the I 
 Petition of Right- 
 i.Part.coI. Ordinance of both Ho;;fes is 
 
 of Ordinan- Law of the Land, by their ownc 
 cesjfol.728 cOTifeflionj and by theEookesofthe 
 2» Parsinft, Lord Cook..publ7p)ed by their Order ,0! 
 foI.47>48. aforefard t this Sefiion in fix fevcrallj 
 
 4 pat ioRit places- ^ I 
 
 23^31, 298. F or Sedition, in my Bookes there is] 
 none» but fuch as they have fl«//>or7/ei/ 
 thii Sejfiontto be publifhed and printed 
 To publifh the Law is no ftdition- 
 Ihefe pofitions following I doe fet 
 down for the Law of the land in my 
 
 Bookcsj 
 
1 r>87)* 
 
 [|Books,andthey rhemfelvcs have jnfti- 
 "fiedi and avowed rhem as aforefaid, 
 we agree the Law to be» and to haVe 
 ;^en in all Times in all the particulars 
 ^following, as here enfueth. 
 
 1 . To imprifon the King is 3 Pats inftit 
 HighTreafon p»g<= 
 
 2. To TCtflOVC CoUttCelt OfS M.solUcitor 
 
 from the King by force is P»g;//„ft, ■ 
 HighTreafon. page 9. 
 
 2. To alter the eftablifht 
 L^nvpes tn any part by force is 5 part infht. 
 HighTreafon: 3.»o.u,,6. 
 
 4. To ufurpe the Royall 3 partinftit. 
 Power is Hig h Treafon, ^' * 
 
 5. To alter the Religion e- u.s&Uwto! 
 JiabUffjt is High Treafon. p-3>3i.3^» 
 
 6. To raife rumours and 
 give out words to alienate 
 the peoples affeUionsfrom 
 
 , the King is High Treaf m, M.soiiicitor 
 
 7. To Jeffe Souldiers upon p-^' 
 [the people of the Kingdome^ 
 
 ^ with- 
 
C i88 ) 
 
 without their confent^ is 
 
 Wghtreafofi, 
 r- execution of papery 
 
 pag.j. orders by Souldters m a mt-i 
 
 Utary wayjs High Treaf m . 
 JJ^^ 9 • '^0 counterfeit the great 
 
 z". ^^^^ Treaf on, 
 
 jufliceHut^ ic. The Commiflion of 
 incnt,foi, Jrray^ js m iorce , and mm 
 5^'^ other. 
 
 ges^lujiices^sheriffes^ &c. 
 
 but the King : The Kin^ 
 
 makes every Court, 
 a.fflttinflit. 1 2. The ^reat Seal belongs 
 fuper char- to the Kings cujtody , or to 
 
 fphomhe Jhall appoint^ and 
 
 none other. 
 I jpgtxou, 1 5 . Ordinance s of one or 
 cookVfu- hothHoufes are no lawes to 
 ^' ' binde the people, 
 ♦.p.inft. j^,No Triviledg of Tarlia^ 
 
 ment^holds for Treaf on^ Fe- 
 lony^ 
 
(i8p) 
 
 kny^or breach of the Peace^ 
 not for twenty Parliament 
 men, forty, nor three hun- 
 ,dred 
 
 15. Tofubmrtthefnnda-^iXiioT 
 mentall laws is hif^htreaCon . 
 I b.io levey warre agamfi ^. u,%j. 
 
 the perfonoftheKmgU high 
 Treafott, 
 
 17. To perfwade forni- M.soiicitor 
 nerstolevywar within this 
 Kingdom yis High Treafon. 
 \ "■ 18. To impvfe utdawfull M^soUdtoj 
 Taxes^ tfi impofe nemmths^ 
 lisHighTreafon, 
 
 t 9. The King mi. do no M.Pim.pt 
 ^rong, . 8- 
 
 i 20. It is aperniciom DoB- u^vm^i^z 
 tine to teach Suhje&s \^ they 
 may be difcharged from the 
 mth of Allegiance, Then 
 what means the doMneof 
 both Houfes of the Votes 
 iiof 21 A 
 
M. Pfm, p. 21. A necejfity of a mms\ 
 own mAkjng^oth not excuf '.\ 
 ^7/».The requiring and fory 
 cing of the Militiajbrought 
 the neceflity of arming up- 
 (ontheHoules. 
 
 J. pa^Nliih. 27. None can levy war with 
 in this Realme without aU' 
 thorityfrom the Kingjbr to 
 him only it belongeth to levj/ 
 war^ by the Common Law of 
 theLand^to dootherwifeif 
 High Treafon by the faid 
 Common haw. The onelyt 
 quarrell was and is th^Mi-^ 
 /i^i^rfor the which fo much[ 
 
 M solicitor blood hath been fpent^ andf 
 
 ^-'V-^- Treafure. 
 
 pag.i. 2 3 . Ntf Varltament withoutv 
 
 irs"^"*" theKing^ heis PrincipiumJ 
 caput &fink. 1 
 24. Prefentment ortryal 
 by Jury^is the birth-right o] 
 the Sub] e^. There 
 
t here is no doubt but that many in 
 *borh Hoijfes are free from this ^rwr 
 fin-, and that moll of the prevailing 
 .-^parry, had at firft no intentions to 
 |3roceed fo farre ; but the madneTe of 
 the People ( who are very anftable, 
 and fo they will fin de them ) and the 
 fuccefTe of their Armies / having this 
 great rich City to fupply them with al ^ 
 accommodations) have fo elated them, 
 that^he evil is come to this height. 
 ...For m V felfe, ro.put me to death in 
 this Cdufe is the grearefl; honoar I can 
 pofiibly receive in this World; DalcQ 
 ^ .iecorum efl mor/ pri pat rhi And for 
 a lawyer and a Judge of the Law, to 
 die Dum fanUis patriJi legibus obfequi- 
 tur 'i for obedience to thc Lawes ; 
 will be deemed by the good men of 
 this Time , a fweet ftneiling facri- 
 fice ; and bv this, and future f imes , 
 that I dyed full of yeares, and hand an 
 honeft and honourable end- And 
 pofteriry will take knowledge of thefe 
 Men , who putfome to death for fub- 
 vertingof the Lawes? and others for 
 f fupportingofthemi Ci^c 
 
 Yet mercy is above all the Workes f^^^^^t]' 
 ^of Godi The King is Gods yicar on ^ patj inft, 
 earth. In BrciEion, who was a Judge in 342,?45, 
 Henry ^ tinle, you fhall finde the ^►^^anf'^rtlp?* 
 1 Kings Oath ; To Jf)ew mercy M part of it 
 ^ ' You 
 
You are allfe chilt&eri V fay, ind dc 
 whatyoii will>ydii are all his Subjefts 
 artd tie is your K'thg And Parent : Pr 
 mgnopeccato paupu/utn fupplkij fav 
 efi pat ri ' and therefore let nor the pi 
 v'ailittg party be obduratej out of a dej 
 fpatatioh of fafeiy : That which is pail 
 is riot revocable .Take to your thoughtj 
 your parents, your wives, yourchilj 
 dren,your friends,yOur fortunes, you* 
 couutrey 3 wherin i7orreigners writs 
 there is Miraaeris fuavhas & reruii\ 
 omnium abundantia : Invite them no< 
 hithel-the only way to be free of thei 
 company will be. To rejiore his Maj 
 jefiy, artd receive from Htm an All oj 
 Obi ivionjd generall Pardoiti Affurance', 
 for the Arreares of the Souldiery, and 
 meet fatrsfattionto tender confciences' 
 
 God preferve the King and the Lawes 
 DAVID JENKINS, 
 
 Fnfonerin Newgate- 
 
 FINIS.