Severall papers lately vvritten and published by Iudge Ienkins, prisoner in the Tower viz. 1. His vindication. 2. The armies indempnity [sic]: with a declaration, shewing, how every subject ought to be tryed for treasons, felonies, and all other capitall crimes. 3. Lex terræ. 4. A cordiall for the good people of London. 5. A discourse touching the incoveniences of a long continued Parliament. 6. An apologie for the army.

When an Act of Parliament is against common right or Reason, * 1.1 or repugnant, or impossible to bee perfor∣med, the Common Law shall controle it, and adjudge this Act to bee void; they are the words of the Law.

An Act of Parliament, that a man shall bee Judge in his owne cause, is a void Act.

Begin with Common Right. It is against Common Right, that indebted men should not pay their debts: That if any Member of the House of Comons doe any Subject wrong by diffeising him of his land, or dispossessing him of his goods, or blasting of his fame, or doing violence to

his person, that such persons during their lives should not bee questioned by a priviledge of Parliament, and that extended also to many others besides themselves. Com∣mon Right doth abhorre these enormities, which a per∣petuall Paliament doth beget, besides the utter destru∣ction of all mens actions, reall, personall, or mixt, who have to doe with Parliament men, * 1.2 by the Statute of Li∣mitation, which confines suits to certain yeares.

For Common Reason. Parliaments were ordained for remedies to redresse publike grievances; It is against Reason they should make publike and insufferable grie∣vances. The Law of the Land allowes no protection for any man imployed in the service of the Kingdome but for a yeare, to be free from suits, and in many suits none at all, howbeit hee be in such service; * 1.3 but a Parlia∣ment perpetuall may prove a protection, not for a yeare, but for ever, which is against all manner of Reason.

For Impossibility. The death of His Majesty (whose life God prolong) dissolves it necessarily; For the Writ of summons is, Carolus Rex in hoc individuo, and Carolus Rex is in this particular, Habiturus colloquium & tracta∣tum cum Prelatis & proceribus, &c. * 1.4 King Charles being to have Conference and Treaty with his Prelates and Peeres; Carolus Rex cannot have Colloquium & tracta∣tum, Conference and Treaty, when he is deceased; and therefore it is impossible for any Parliament to continue as long as they please, as for a Parliament to make a dead man alive.

For Repugnancie. That which is but for a time, can∣not be affirmed to have continuance for ever, it is repug∣nant.

The end of the Act of 17. Caroli Regis, which is to continue at pleasure, is in the said Act expressed to be to raise credit for money for these three purposes. First, for reliefe of his Majesties Army and people in the North.

Secondly, for preventing the iminent danger of the Kingdome. Thirdly, for supply of other His Majesties present and urgent occasions. These ends are ended, the reliefe of that Army, the iminent danger supposed was sixe yeares agoe, the supply of His Majestie hath beene a supply against him, take away the end, the meanes thereto are to no purpose, take away the cause, the effect ceaseth; and therefore the three ends of this Act being determined, it agreeth with Law and Reason, the Act should end, * 1.5 the Law rejects things unprofitable and uselesse.

A perpetuall Parliament (besides that it incites men to selfe-ends, destructive of the publique of which the whole Kingdome hath had sufficient experience) wilbe a constant charge to the Kingdome; for that every County and Borough, who send Members to the Par∣liament, are by the Law to pay wages to their Parlia∣ment men, which to many Counties will amount above some Subsidies Yearely: There are many poore Bo∣rough-Townes in each County of this Kingdome, who being to maintaine two Burgesses in Parliament, will be quickly begger'd, if the Parliament have no end; for all which reasons it is cleare, that such long continuance of Parliaments, will instead of a remedy (which is and ought to be the proper and true end of Parliaments) become an insufferable grievance and oppression to all the People of the Land.

The Writ of Summons this Parliament is the basis and foundation of the Parliament. If the Foundation be destroyed the Parliament falls. The Assembly of Parliament if for three purposes. Rex est habiturus collo∣quium et tractatum cum praelatis, magnatibus et proceribus super arduis negotijs, concernentibus, 1. Nos. 2 Defensionem regni nostri 3. Defensionem Ecclesiae Anglicanae. This Par∣liament hath overthrowne this Foundation in all 3 parts, 1. Nos. the King, they have chased him away, and im∣prisoned

him; they have voted no prelats, and a num∣ber of other Lords, about 40. in the City must not come to the House, and about 40, more are out of Towne, the colloquium et tractatus are made void therby. For the King cannot consult and treat there with men removed from thence. 2. Defensionem regni nostri, that is gone; they have made it their Kingdome, not His, for they have usurped all His Soveraigntie. 3. Defensio∣nem Ecclesiae Anglicanae, that is gone, that Ecclesia An∣glicana trust be understood necessarily that Church, that at the test of the Writ was Ecclesia Anglicana, they have destroyed that too. So now these men would be called a Parliament, having abated, quashed, and made nothing of the Writ whereby they were Summoned and Assembled. If the Writ be made void, all the pro∣cesse is void also: that House must needs fall, where the Foundation is overthrowne, Sublato fundamento opus ca∣dit, the Foundation being taken away, the worke falls, is both a maxime in Law and Reason.

For some yeares past, there is no crime from Treason to Trespasse, but they are guilty of: all Treason, Felo∣nies, Robberies, trespasses are contra pacem, coronam, et dignitatem Regis, against the Peace, Crowne and Digni∣tie of the King; as appeares by all Indictments in all Ages. Pax Regis the Kings Peace, Corona Regis, the Kings Crowne, Dignitas Regis, the Kings Dignitie, are all trod under foot, and made nothing; Pax Regis, the Peace of the King is become a Warre against the King, His Dignitie put into prison, and the Crowne put upon their owne heads.

All the Judges of England have resolved, * 1.6 that Noble∣men committing Treason have forfeited their Office and Dignitie, their Officei••s to councell the King in time of Peace, to defend him in time of Warre, and therefore those men against the duty and end of their Dignitie taking not onely Councell, but Armes also to destroy

Him, and being thereof attaint by due course of Law by a racite condition annexed to the estate of their Dignitie, have forfeited the same; they are the words of the Law, and therefore they have made themselves inca∣pable to be Members of the upper House.

Notes

• * 1.1

  8 Pars, Doct. Bonhams case fol. 118. 8 Ed. 3.30. 33 E. 3. cessa∣vit, 32. 27. H. G. An∣nuity 11. 14 Eliz. Dier, 313.
• * 1.2

  21 Jac.
• * 1.3

  39 H. 6.39.
• * 1.4

  2 H. 5. Cooke Title Parliam 3. pars.
• * 1.5

  Sir Anthony Mayns case. 5. pars, 1. H. 4.6. Littl. cap. Villen.
• * 1.6

  Nevills ease 7. part, 34. 2. Jacobi.