To the honorable societies of Gray's-Inne, and of the rest of the innes of court, and to all the professors of the law

Lex Terrae.

THE Law of this Land hath three grounds. First Custome. Secondly Judiciall Records. Thirdly Acts of Parliament. The two latter are but de∣clarations of the Common-Lawe and Custome of the Realme, touching Royall-Government. And this Law of Royall-Government, is a Law-Fundamentall.

The Government of this Kingdome by a Royall Sove∣raign, hath beene as ancient as History is, * 1.1 or the memori∣all of any time; what power this Soveraignty alwaies had and used in Warre and Peace in this Land, is the scope of this discourse; That Ʋsage so practised makes therein a Fundamentall Lawe, and the Common-Lawe of the Land is common Ʋsage, Plowdens Commentaries. 195.

For the first of our kings sithence the Norman Conquest, the first William, second William, Henry the first, Stephen, Henry the second and Richard the first, the Customes of the Realme, touching Royall Government, were never que∣stioned: The said Kings enjoyed them in a full measure. In king Johns time the Nobles and Commons of the Realm conceiving that the ancient Customes and Rights were vi∣olated, and thereuppon pressing the said King to allowe them in the seventeenth of King John, the said Liberties were by King John allowed, and by his sonne Henry the thyrd, after in the ninth yeere of his Reigne confirmed, and are called Magna Charta, and Charta de Foresta, declared foure hundred twenty two yeeres sithhence by the said Charters.

Now rests to be considered, after the Subjects had ob∣tained their Rights and Liberties, which were no other

then their ancient Customes (and the fundamentall Rights of the King as Soveraigne are no other.) How the Rights of Soveraignty continued in practise from Henry the thirds time untill this present Parliament of the third of Novem∣ber 1640. for before Henry the thirds time, the Sove∣raignty had a very full Power.

Rex habet Potestatem & jurisdictionem super omnes qui in Regno suo sunt, * 1.2 ea quae suut jurisdictionis & Pacis ad nul∣lum pertinent nisi ad Regiam dignitatem, * 1.3 habet etiam coerci∣onem, ut Delinquentes puniat & coerceat; This proves where the supreme power is.

A Delinquent is hee who adheres to the Kings Enemies Com. Sur. Littl. 261. This shewes who are Delinquents.

Omnis sub Rege, & ipse sub nullo nisi tantum Deo, non est inferior sibi Subjectis, * 1.4 non parem habet in Regno suo. This shewes where the supreme power is.

Rex non habet superiorem nisi Deum, satis habet ad poe∣nam quod Deum expectat ultorem. * 1.5 This shewes where the supreme power is.

Treasons, Fellonies, and other Pleas of the Crowne, are propriae causae Regis. This shewes the same power.

By these passages it doth appeare what the Custome was for the power of Soveraignty before that time; the po∣wer of the Militia, of coyning of Money, of making Leagues with forreigne Princes, the power of Pardoning, of making of Officers, &c. All Kings had them, the said Powers huveno beginning.

Sexto Ed. 1. * 1.6 Com. sur. Littl. 85. Liege Homage, every Subject owes to the King (viz) Faith de Membro, de vita, de terreno Honore, the forme of the Oath inter vetera sta∣tuta is set downe; We reade of no such, or any Homage made to the two Houses, but frequently of such made by them.

It is declared by the Prelates, Earles, Barrons and Com∣monalty of the Realme, * 1.7 that it belongeth to the King and his Royall Segniory, straitly to defend force of Armour and

all other force against the Kings peace, at all times when it shall please him, and to punish them that shall doe contra∣ry, according to the Lawe and Usage of the Realme, and hereunto they are bound to ayde their Soveraigne Lord, at all seasons when neede shall be. Here the supreame power in the time of Parliament, by both Houses, is declared to be∣long to the King.

At the beginning of every Parliament, all Armes are, or ought to be forbidden to be borne in London, Westminster, * 1.8 or the Suburbs. This condemnes the multitudes coming to Westminster, and the Guards of armed men.

All who held by Knights▪ service, * 1.9 and had twenty pounds per annum, were distraynable ad Arma militaria suscipien∣da, This agrees with the Records of ancient time, conti∣nued constantly in all Kings times, but at this Parliament 3. November 1640. The King, out of his Grace, dischar∣ged this duty, which proves that the power of warre and preparation thereto, belongs not to the two houses, but only to the King.

The two Spencers in Ed. 2. time, hatched (to cover their Treason) this damnable and damned opinion (viz.) * 1.10 That Ligeance was more by reason of the Kings politique capa∣city then of his person, upon which they inferred these e∣xecrable and detestable consequences. First, if the King de∣meaned not himselfe by reason in the right of his Crowne, his Lieges are bound by Oath to remove him. Secondly, seeing the King could not be removed by suite of Lawe, it was to be done by force. Thirdly, that his Lieges be bound to governe in default of him.

All which tenets were condemned by two Parliaments, the one called exilium Hugenis in Ed. 2. time; the other by 1. Ed. 3. cap. 2. All which Articles against the Spencers are confirmed by this last Statute, the Articles are extant in the booke called vetera Statuta. The separation of the Kings person from his power, is the principall Article condem∣ned, and yet all these three damnable, detestable, and exe∣crable

consequents, are the grounds whereupon this present time relies, and the principles whereupon the two Houses found their Cause.

The V••lleine of a Lord, in the presence of the King, can∣not be seized, * 1.11 for the presence of the King is a protection for that time to him: This shewes what reverence the Lawe gives to the person of a King.

Reges, * 1.12 sacro oleo uncti sunt capaces spiritualis jurisdictio∣nis. But the two Houses were never held capable of that power.

Rex est persona mixta cum sacerdote, * 1.13 habet Ecclesiasti∣cam & spititualem jurisdictionem. This shewes the Kings power in Ecclesiasticall Causes.

The Lands of the King are called in Law, * 1.14 patrimonium sacrum. The Houses should not have medled with that sa∣cred Patrimony.

The King hath no Peere in his Land, * 1.15 and cannot be judg∣ed: ergo The two Houses are not above him.

The Parliament of 15. Ed. 3. was repealed, for that it was against the Kings Lawes and Prerogative. 4. pars. instit. fol. 52. This shewes cleerely the Propositions sent to Newcastle, ought not to have beene presented to his Ma∣jesty, for that they are contrary to the Lawes and his Pre∣rogative.

The Lords and Commons cannot assent in Parliament to any thing that tends to the disinherison of the King and his Crowne, * 1.16 to which they are sworne. This condemnes the said Propositions likewise.

To depose the King, to imprison him untill he assent to certaine demands, A warre to alter the Religion establi∣shed by Lawe, or any other Lawe, or to remove Councel∣lors, * 1.17 to hold a Castle or Fort against the King; are offences against that Lawe declared to be Treason by the resolutions herein after mentioned, by that Law men are bound to ayd the King when warre is levied against him in his Realme. King, in this Statute must be intended in his naturall body

and person that only can die; for to compasse his death, and declare it by overt Act is declared there by Treason, To incounter in fight such as come to ayde the King in his warres, is Treason.

Compassing of the Queenes death, of the Kings eldest sonne, to coyne his money, to counterfet his Great-Seale, to levie warre against him, to adhere to such as shall so do, are declared by that Act to be high Treason. This Statute cannot referre to the King in his politique capacitie, but to his naturall, which is inseparable from the politique, for a body politique can have neither wise nor childe, nor levy warre, * 1.18 nor doe any act but by the operation of the naturall body: A Corporation or body politique hath no soule or life, but is a fiction of the Lawe, and the Statute meant not fictitious persons, but the body naturall, conjoyned with the publique, which are inseparable.

The clause in that Act, * 1.19 that no man should sue for grace or pardon for any offence condemned, or forfeiture given by that Act, was repealed by a subs••quent Act in 21. R. 2, holden unreasonable, without example and against the Law and custome of the Parliament. This condemnes the pro∣position for disabling the King to Pardon. 4. pars instit. fol. 42. The Act of 11. R. 2. so much urged by the other side, was an Act to the which the King consented, and so a per∣fect Act: yet Note the Army then about the Town: Note that that Law is against private persons, and by the 3. cap. thereof, the Treasons there declared, are declared to be new Treasons made by that Act, and not to be drawne to exam∣ple, it was abrogated 21. R. 2. and revived by an usurper 1. H. 4. to please the people, and by the tenth chap. thereof enacts that nothing shall bee Treason but what is declared by 25. Ed. 3, * 1.20

The Regality of the Crowne of England is immediatly subject to God and to none other. Plaine words, * 1.21 shewing where the supreme power is.

The Commission of Array is in force and no other Com∣mission

Rot. Parlm. 5. H. 4. numb. 24. an Act not printed, this Act was repealed by 4 & 5. P. & M. cap. 2. this re∣pealed by the Act of 1. Jacobi and so it is of force at this day, for the repealing Statute is repealed, 4. pars institn. fol. 51. & 125. published sit hence this Parliament, by the desire of the house of Commons, their Order is printed in the last leafe of the Commentaries upon Magna Charta.

Syr Edward Cooke, by their party is holden for the Ora∣cle of the Law, * 1.22 who wrote the said fourth part, in a calme and quiet time, and I may say, when there was no neede to defend the authority of the Commission of Array.

For that objection, That that Commission leaves po∣wer to the Commissioners to taxe men secundum faculta∣tes, and so make all mens estates Arbitrary: the answere is That in levying of publique aydes upon mens goods and e∣states, which are variable, and probably cannot be certain∣ly knowne by any but the owners, it is impossible to avoide discretion in the assess••ments, for so it ever was, and ever will be. By this appeares that the votes of the two houses against the Commission of Array, were against the Law.

The death of the King dissolves the Parliament, * 1.23 if Kings should refer to the politique capacity it would continue af∣ter his death, 4. pars Inst. 46. which proves that the King connot be said to be there when he is absent, as now he is: there is no interregnum in the kingdome the dissolution of the Parliament by his death shewes that the beginning and end thereof refers to the naturall person of the King and therefore he may lawfully refuse the Propositions * 1.24

2. H. 5. Chap. 6. to the King onely it belongs to make Leagues with forreigne Princes; This shewes where the supreame power is.

8. * 1.25 H. 6. numb. 57. Rott. Parl. Cookes 4. pars instit. 25. No priviledg of Parliamenr. is grantable for Treason Fe∣lony or Breach of the peace; if not to any one member, nnot to two, not to ten, not to the Major part, 19. H. 6.62. The law is the inherritanc of the King and his peo∣ple

by which they are ruled, King and people; And the people are by the law bound to ayde the king, And the King hath an inheritance to hold Parliaments and in the ayds granted by the Commonalty. If the major part of a Parliament commit Trason they must not bee Judges of it, for no man or body, ean be Judge in his own cause, and aswell as ten or any number may commit treason, the greater number may aswell.

The King by his letters pattents may constitute a Coun∣ty palatine and grant Regall rights, * 1.26 this shewes where the supreme power is.

17. Ed. 4. rot. parl. numb. 39. * 1.27 No priviledge of Parli∣ament is grantable for Treason, Fellony or Breach of the peace, if not for one, not for two or more, or a major part.

The same persons must not be Judge and party. A cor∣porat body can commit no treason, * 1.28 nor can treason be committed against a corporate body, 21. E. 4, 13. and 14. but the persons of the men who make that body may commit treason, and commit it against the naturall person of him who to some purposes is a body corporate, but quatenus corporate no treason can be committed by or against such a body; that body hath no soul, no life, and subsists only by the fiction of the Law, and for that rea∣son the Law doth conclude as aforesaid; therefore the stature of 25. E. 3, must be intended of the Kings naturall person conjoyned with the politique which are insepa∣rable and the Kings naturall person being at Holmby, * 1.29 his politique is there also, and not at Westminster; for the politique and naturall make one body indivisible

If all the people of England should breake the league made with a forreigne Prince, * 1.30 without the Kings con∣sent, the league holds and is not broken; and therefore the representative body is inferior to his Majesties.

The King may erect a Court of Common pleas in what part of the kingdome he pleaseth by his letters pattents; * 1.31 can the two howses do the like?

1. Ed. 5. fol. 8. * 1.32 It cannot be said that the King doth wrong, declared by all the Judges and Serj••ents at law then there.

The reason is, nothing can be done in this Common∣wealth by the Kings grant or any other act of his, as to the subjects persons, goods, lands or liberties, but must be ac∣cording to established lawes, which the Judges are sworne to observe and deliver between the King and his people impartially to rich and poore, high and low; and there∣fore the Justices and the Ministers of Justice are to be q••stioned and punished if the Lawes be violated: And no reflection to be made on the King. All Counsellers and Judges for a yeare and three months nntill the tumults began this Parliament were all left to the ordinary course of Justice, what hath beene done sithence is notorious.

For great Causes and considerations an act of Parlia∣ment was made for the surety of the said Kings person; * 1.33 if a Parliament were so tender of King Rich. the 3. the howses have greater reason to care for the preservation of his Majestie.

The Subjects are bound by their allegiance to serve the King for the time being against every Rebellion, * 1.34 power and might, reared against him within this land, that it is against all lawes, reason and good conscience, if the King should happen to be vanquished, that for the said deede and true duty and alligeance they should suffer in any thing, it is ordeined they should not: and all acts of pro∣cesse of law heereafter to be made to the contrary are to be void, This law is to be understood of the naturall per∣son of the King, for his politique capasity cannot be van∣quished; nor war reared against it.

Relapsers are to have no benefit of this Act.

It is no statute, * 1.35 if the King assent not to it, and he may disassent, this proves the negative voice.

The King hath full power in all causes to doe justice to all men this is affirmed of the King, and not of the two Houses.

The commons in Parliament acknowledg no superior to the King under God, the house of Commons confesse the king to be above the representative body of the Realme.

Of good right and equity the whole and sole power of pardoning treasons, fellonies &c. belong to the King, * 1.36 as also to make all Justices of Oyer and Terminer, Judges, Justices of the peace &c. This law condemns the pra∣ctise of both houses at this time.

The Kings royall assent to any act of Parliament signed with his hand expressed in his letters Patents under the great Seale, * 1.37 and declared to the Lords and Commons shall be as effectuall as if hee assented in his owne person; a vaine act if the King be virtually in the houses.

The King is the head of the Parliament, * 1.38 the Lords the principall members of the body, the Commons the in∣ferior members, and so the body is composed, therefore there is no more Parliament without a King, then there is a body without a head.

There is a corporation by the Common law, * 1.39 as the King, Lords, and Commons, are a corporation in Parlia∣ment, and therefore they are no body with out the King.

The death of the King dischargeth all mainprise to ap∣peare in any Court or to keepe the peace. * 1.40

The death of the King discontinues all pleas by the com∣mon law which agreeth not with the virtuall power in∣sisted upon now.

Writs are discontinued by the death of the King; * 1.41 Pa∣tents of Judges, Commission for Justice of the peace. Sheriffs Escheators, determined by his death; where is the virtuall power?

All authority and jurisdictions spirituall and temporall is derived from the King; therefore none from the houses. * 1.42

His Majesties subjects, * 1.43 according to their bounden duties, ought to serve the King in his warres, of this side or beyond the seas; beyond the seas is to be understood for wages; This proves the power of warres and prepara∣tion

for warre to be in the King.

It is most necessary ••oth for common policy and duty of the Subjects, * 1.44 to restraine all manner of shamefull slaunders against their King, which when they be heard, cannot but be odible to his true and loving Subjects, upon whom de∣pendeth the whole unity and universall weale of the realm. This condemnes their continuing of the weekly pamphlets who have beeue so foule mouthed against his Majesty.

The punishment of all offenders against the Lawes, * 1.45 be∣longs to the King, and all jurisdictions doe, and of right ought to belong to the King. * 1.46 This leaves all to his Majesty.

All Commissions to levy men for the warre, * 1.47 are awar∣ded by the King. The power of warre only belongs to the King.

It belongs to the King to defend his people, and to pro∣vide Armes and force. No speech of the two houses.

Roy ad sole government de ses subjects. Corps naturall le Roy & politique sont un corps, * 1.48 that is, The King hath the sole government of his Subjects, the body politique and the naturall body of the King make one body, and not di∣vers, and are inseparable and indivisible.

The body naturall and politique make one body, and are not to be severed: * 1.49 Ligeance is due to the naturall body, and is due by nature; Gods Law, and mans law, cannot be forfeited nor renounced by any meanes, it is inseparable from the person.

Every Member of the House of Commons, * 1.50 at every Par∣liament, takes a corporall Oath, That the King is the su∣preme and only Governour, in all Causes, in all his Domi∣nions, otherwise he is no member of that House; the words of the Law are, In all Causes, over all persons.

The said Act of 1. Eliz. is but declarative of the ancient Lawe, * 1.51 Cawdries Case ibid.

The Earle of Essex, and others, assembled multitudes of men to remove Councellors, adjudged Treason by all the Judges of England.

To depose the King or take him by force, * 1.52 to imprison him untill he hath yeelded to certain demands, adjudged Treason, and adjudged accordingly in the Lord Cobhams Case.

Arising to alter Religion established, or any Lawe, * 1.53 is Treason; so for taking of the Kings Castles, Forts, Ports or shipping. Brooke treason 24.3. & 4. Philip and Mary, Dy∣er, Staffords Case concerning Scarborough.

The Lawe makes not the servant greater then the Master, nor the subject greater then the King, for that were to sub∣vert Order and Measure.

The Lawe is not knowne but by Usage, * 1.54 and Usage proves the Law, and how Usage hath beene is notoriously knowne

The King is our only Rightfull and Lawfull Liege Lord and Soveraigne, * 1.55 Wee doe upon the knees of our hearts ag∣nize constant Faith, Loyalty and Obedience to the King and his Royall progeny, in this high Court of Parliament, where all the body of the Realme is eyther in person or by representation: We doe acknowledge that the true and sincere Religion of the Church, is continued and establi∣shed by the King, And do recognize, as we are bound by the Law of God and Man, the Realm of England and Imperiall Crowne thereof doth belong to him by inhaerent byrth∣right, and lawfull and undoubted succession, and submit our selves and our posterities for ever, untill the last drop of our blood be spent, to his rule; and beseech the King to ac∣cept the same as the first fruits of our Loyalty and Faith to his Majesty and his Posterity for ever, and for that this Act is not compleate nor perfect without his Majesties assent, the same is humbly desired. This proves that the Houses are not above the King; that Kings have not their titles to the Crowne by the two Houses, but by inhaerent byrth-right, and that there can be no Statute without his expresse assent, and destroyes the chymera of the Kings virtuall being in the Houses.

To promise obedience to the Pope, * 1.56 or any other State, Prince or Potentate, other then the King his Heires and Suc∣cessors, is Treason; And therfore those persons who call the Houses the Estates offend this Lawe.

Such Bills as his Majesty is bound in Conscience and Ju∣stice to passe, * 1.57 are no Lawe without his assent.

To designe the ruine of the Kings person, or of Monarchy is a monstrous and injurious charge.

Ʋbi Lex non distinguit, non est distinguendum, * 1.58 all the a∣foresaid Acts and Lawes doe evidently prove the Militia to belong to the King: that the King is not virtually in the two houses: that the King is not considerable separately in relation to his politique capacity: that the King is not a person trusted with a power, but that it is his inherent byrth-right, from God, nature and lawe, and that he hath not his power from the people: These Lawes have none of those distinctions of naturall and politique, abstractum & concretum, power and person, in Caesars time this Island had Kings, and ever since, which is almost 17 hundred yeeres agoe.

No King can be named, in any time, made in this king∣dome by the people: A Parliament never made King, for they were Kings before, the Parliaments are summoned by the Kings Writts, which for Knights Citizens and Bur∣gesses begins thus, viz.

Rex vic. Wilts. Saltem. Quia Nos de avisamento & as∣sensu Consilij nri. pro quibusd. arduis & urgentibus negotiis nos statum & defensionem Regni nri. Angl. & Ecclesiae An∣glicanae concernentibus quoddam Parliamentum nrum. apud B. teneri ordinavimus & ibid. cum Praelatis magnatibus & proceribus dicti Regni nri. Colloquium habere & tractatum, ipsi vicecomiti pre••ipimus firmiter injungendo quod facta Pro clamatione in proximo Comitatu tuo post recepsionem ejusd. brevis, duos Milites gladiis ••inctos, &c. eligi facias ad faci∣endum & consentiendum hiis quae tun•• ibidem de Communi Concilio nro. Angliae faventi Deo contigerit ordinari super

negotiis antedictis ita quod pro defectu potestatis hujusmodi sen propter improvidam electionem Milium, Civium, & Burgensium pred. dicta negotia nra. infecta non remanerent.

The King is Principium, Caput & finis Parliamenti, * 1.59 the body makes not the head, nor that which is posterior that which is prior: Concilium non est Preceptum, Conciliarij non sunt Praeceptores, for Councell to compell a consent, hath not beene heard of to this time in any age, and the house of Commons, by the Writt, are not called ad Conci∣lium; the Writts to the twelve Judges, Kings Councell, twelve Masters of the Chancery are Concilium impensuri, and so of the Peeres. The Writts for the Cominalty, Ad faciendum & consentiendum. Which shewes what power the representative body hath, they have not power to give an oath, neither doe they claime it.

The King at all times, when there is no Parliament, * 1.60 & in Parliament is assisted with the advice of the Judges of the Lawe, twelve to uumber, for England at least hath two Sergeants when fewest: an Attorney and Sollicitor, twelve Masters of the Chancery, his Councell of State, consisting of some great Prelates and other great Persona∣ges, versed in State affaires, when they are fewest to the number of twelve. All these persons are alwaies of great substance, which is not preserved but by the keeping of the Lawe, The Prelates versed in divine Lawe, the other Gran∣dees in affaires of State and managery of Government, The Judges, Kings Sergeants, Attorney, Sollicitor, and Masters of the Chancery versed in the Lawe and Customes of the Realme: All sworne to serve the King and his people justly and truly, the King is also sworne to observe the Lawes, and the Judges have in their Oath a clause, That they shall doe common right to all the Kings people, ac∣cording to the established Lawes, notwithstanding any command of the King to the contrary, under the Great Seale or otherwise, The people are safe by the Lawes in

force without any new: The Lawe finding the King of this Realme assisted with so many great men of Consci∣ence, 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 Evangelists, settles among o∣ther powers upon the King, a power to refuse any Bill a∣greed upon by both Houses, and power to pardon all offen∣ces, to passe any Graunts in his Minoritie, (there are many great persons living hold many a thousand pound a yeere by Patents from Edward the sixth, passed when hee was but ten yeeres of age) not to bee bound to any Lawe to his prejudice, whereby he doth not binde himselfe, power of warre and peace, coyning of Money, making all Officers, &c. The Lawe, for the reasons aforesaid, hath approved these powers to be unquestionable in the King, and all kings have enjoyed them till 3. Nov. 1640.

It will bee said notwithstanding all this sence about the Lawes, the Lawes have beene violated, and therefore the said powers must not hold, the two Houses will remedy this.

The answere to this is evident: There is no time past, nor time present, nor will there bee time to come, so long as men mannage the Lawe, but the Lawes will bee broken more or lesse, as appeares by the story of every age. All the pretended violations of this time were remedied by Acts to which the King consented before his departure 10. Jan. 1641▪ being then driven away by Tumults. And the Houses for a yeere and almost three Moneths: From 3. Nov. 1640. to 10 Jan. 1641. as aforesaid, being a yeere and almost three moneths, had time and liberty to questi∣on all those persons who were eyther causes or instruments of the violation of any of the Lawes.

Examine how both Houses remedied them in former times. First, touching Religion, What hath beene done this way? Both Houses in Henry the eights time ten∣dred

to him a Bill to bee passed called commonly the Bill of the six Articles, this was conceived by them to bee a just and a necessary Bill: had not Henry the eighth done well to have refused the passing of this bill? both houses tendred a bill to him to take the reading of the Scriptures from most of the laity: had not King Henry the eight deserved much prayse to reject this bill? In Queene Maryes time both houses exhibited a bill to her to intro∣duce the Popes power and the Roman religion; had not Queeene Mary don well to have refused this bill? Many such instances may be given. The two Houses now at Westminstar I am sure will not deny but the refusall of such bills had beene just, the King being assisted as aforesaid, and why not so in these times?

For the Civill Govrnment what a Bill did both houses present to Richard the third to make good his title to the Crowne; had it not beene great honour to him to have rejected it? what bills were exhibited to Henry the eighth by both houses for bastardizing of his daughter Elizabeth, a Queene of renowned memory, to settle the Crowne of this Relme for default of issue of his body upon such persons as he should declare by his letters Pa∣tents or his last will, and many more of the like? had not this refusall of passing such bills magnified his vertue and rendred him to posterity in a different Character form what he now hath?

And by the experience of all times and the conside∣ration of human frailty this conclusion is manifestly de∣duced, that it is not possible to keepe men at all times (be they the houses, or the King and his councell) but there will be sometimes some deviation from the lawes, and therefore the constant and certain powers fixed by the ancient law must not be made voide, and the Kings Ministers•• the Laws do punish where the Law is trans∣gressed, and they only ought to suffer for the same.

In this Parliament the houses exhibited a bill to take away the suffrages of the Bishops in the upper house of Parliament, and have sithence agreed there shall be no more Bishops at all, might not the King if he had so pleased have answered this bill with Le Roy s'avisera, or ne veult: it was against Magna Charta; Articuli Cleri and many other acts of Parliament. And might have farther given these reasons if it had so pleased him for the same: first that this Bill destroyes the writt whereby they are made two houses of Parliament the King in the writt to the Lords being Cum praelatis Colloquium habere; secondly they have bene in all Parliaments since we had any, and voted, but in such wherein they themselves were concerned: And there have bene Bishops here sithence we were Christians, and the fundamentall law of the kingdome approves of them: if any of them were con∣ceived offensive; they were left to justice, and his Ma∣jestie would put in in-offensive men in their places: but sithence his Majestie hath passed the Bill for taking away their votes in Parliament, it is a law that binds us so farr.

Upon the whole matter the law hath notably deter∣mined that Bills agreed by both houses, pretended to be for the publique good, are to be j••dged by the King, for in all Kings reignes Bills have been preferred by both houses, which allwayes are pretended to be for the pub∣lique good, and many times are not, and were rejected with Roy s'avisera or Roy ne veult.

This Parliament begunne the third of November 1640 before that time in all the Kings reigne no armed power did force any of the people to do any thing against the law: what was done, was by his Judges, officers Referees and Ministers from that time untill the tenth of January 1641 (when the King went from London to avoyd the danger of frequent tumults, being a yeare and three months, Privy Councellors and all his Justices and

ministers were left to the Justice of the law, there wan∣ted no time to punish punishable men.

The Sphaere of the house of commons is to represent the grievances of the Contrey, to grant aydes for the King upon all fit occasions extraordinary, to assent to the mak∣ing or abrogating of lawes: The Orb of the house of Lords to Reforme eronious judgments given in the kings Bench, to redresse the delayes of Courts of Justice, to receive all petitions, to advise his Majestie with their councell, to have their votes in making or abrogating of Lawes, and to propose for the common good, what they conceive meete,

Lex non cogit ad imposibilia, subjects are not to ex∣pect from Kings impossible things, so many Judges, Councellors, Sheriffes, Justices of the peace, Commissio∣ners, Ministers of State, that the King should over looke them all cannot be, it is imposible.

The King is virtually in his ordinary Courts of Justice; so long as they continue his Courts: their charge is to administer the lawes in being, and not to delay, deferre or sell justice for any commandment of the King. Wee have Lawes enough instrumenta boni saeculi sunt boni viri, good ministers, as judges and officers are many times wanting, the houses propose new Lawes, or abrogation of the old; both induce novelty: the law for the reasons aforesaid, makes the King the only judge, who is assisted therein by a great number of grave, learned and prudent men, as aforesaid.

For the considerations aforesaid the Kings party ad∣hered to him, the law of the Land is their byrth-right, their guide, no offence is committed where that it is not vi∣olated: they found the commission of Array warranted by the law; they found the King in this Parliament to have quitted the Ship money, Knighthood-money, seven Courts of Justice, consented to a trienniall Parliament, se••led

the Forest bounds, tooke a way the Clerke of the Market of the houshold, trusted the house with the Navie, passed an act not to dissolve this Parliament without the houses assent; no people in the world so free if they could have beene content with Lawes oathes and reason, and no∣thing more could or can be devised to secure us, neither hath beene in any time.

Notwithstanding all this we found the King driven from London by frequent tumults, that two thirds and more of the Lords had disserted that house, for the same cause, and the greater part of the house of Commons left that house also for the same reason: new men chosen in their places, against law, by the pretended warrant of a counterfet Seale; & in the Kings name against his consent, levying warre against him, and seizing his Ports, Forts, Magazines and Revenue, and converting them to his de∣struction and the subversion of the law and land, laying taxes on the people never hard of before in this Land; de∣vised new oathes to oppose forces raysed by the King, not to adhaere to him, but to them in this warre which they call the Negative Oath, and the Vow and Cove∣nant.

By severall wayes never used in this kingdome they have raised monies to foment this warte, and especially to inrich some among them, namely first Excise, secondly Contributions, thirdly Sequestrations, fourthly Fift Parts, fiftly Twentieth Parts, sixtly Meale-mony, seventhly Sale of Plundered goods, eightly Loanes, ninthly Benevolences, tenthly Collections upon their Fast-dayes, eleventhly new Inpositions upon Marchandizes, twelvethly Guards maintained upon the charge of private men, thirteenthly Fifty Subsidies at one time, fourtenthly Compositions with such as they call delinquents, fiftenthly Sale of Bi∣shops lands &c-

From the Kings party meanes of susistance are taken;

before any indictment their Lands seised, * 1.61 their goods taken, the law allows a Traytor or Fellon attainted, Ne∣cessaria sibi & familiae snae in victu & vestitu where is the covenant? where is the petition of right? where is the liberty of the subject?

Frst We have ayded the King in this warre contrary to the negative oath and other votes, Our warrant is the twenty fifth of Edward the third, the second Chapter, and the said resolutions of all the Judges.

Secondly Wee have maintained the Commission of Array by the Kings Command, contrary to their votes: We are waranted by the statute of the fifth of Henry the fourth and the judgment of Sir Edward Cooke, the Oracle of the Law as they call him.

Thirdly We maintained Arch-Bishops and Bishops whom they would suppresse. Our warrant is Magna Charta and many statutes more.

Fourthly We have maintained the booke of common prayer, they suppresse it, Our warrant is five Acts of Parliament in Edward the sixt and Queene Elizabets time 5. Peschae. 35. Elizabeth inter placita Coronae in Banco Regis; New booke of Entries fol. 252. Penry for pub∣lishing two scandalous Libels against the Church govern∣ment, was indicted arraigned attainted and executed at Tyburne.

Fifthly We maintained the Militia of the kingdom to be∣long to the King, they the contrary, Our warrant is the statute of the seventh of Edward the first and many sta∣tutes sithence, the practise of all times, and the custome of the Realm.

Sixthly We maintained the counterfeiting of the great Seale to be high Treason, and so of the usurpation of the Kings Forts, Ports, Shipping, Castles and his Revenue, and the Coyning of money, against them; Wee have our war∣rant by the said statute of the twenty fifth of Edward the

third, Chapter the second and divers others since, and the practise of all times.

Sevenethly We mintayne that the King is the only su∣preme governer in all caus••s. They that his Majestie is to be governed by them, Our warrant is the statutes of the first of Q. Eliza. Chapter the first, and the fifth of Q. Elizabeth Chapter the first.

Eighthly We maintayne that the King is King by an inhaerent birth-right, by nature, by gods law, and by the law of the land, * 1.62 They say his Kingly right is an office upon trust, Our warrant is the statute of the first of king James, Chapter the first. And the resolution of all the Judges of England in Calvins case.

Nynthly We maintain that the politique capacity is not to be severed from the natural. They hold the contrary: Our warrant is two statutes (viz.) Exilium Hugonis in Ed∣ward the seconds time, and the first of Edward the third, Chapter the second, and their Oracle who hath published it to posterity, that it is damnable, detestable and execrable treason, Calvins Case pars 7. sol. 11.

Tenthly We maintaine that who aydes the King at home or abroade ought not to be molested or questioned for the same, They hold and practise the contrary. Our war∣rant is the statute of the eleventh of Henry the seventh, Chapter the first.

Eleventhly We maintayne that the King hath power to disassent to any Bill agreed by the two houses; which they deny. Our warrant is the statute of the second of Henry the fift, and the practise of all times, the first of King Charles, Chapter the seventh, the first of King James Chap∣ter the first.

Twefthly We maintayne that Parliaments ought to be holden in a grave and peaceable manner, without tumults They allowed multitudes of the meaner sort of people to come to Westminster to cry for Justice when they could

not have their will, * 1.63 and keepe guards of armed men to waite upon them. Our warrant is the statute of the seventh of Edward the second and their Oracle.

Thirteenthly We maintaine that there is no state with∣in this kingdome but the Kings Majesty, and that to ad∣haere to any other state within this kingdome is high Trea∣son. Our warrant is the statute of the thrid of King James Chapter the fourth, and the twentie third of Q. Eliza. Chapter the first.

Fourteenthly We maintayne that to leavy a warre to remove Councellours, to alter Religion, or any Law established, is high treason, They hold the contrary. Our warrant is, the resolutions of all the Judges of England in Quene Elizabeths time, and their Orracle agrees with the same.

Fiftteenthly We maintaine that no men should be im∣prisoned, put out of his lands, but by due course of Law, and that no man ought to be adjudged to death but by the law established, the customes of the Realm, or by Act of Parliament; Th••y practise the contrary in London, Bristoll, Kent &c. Our warrant is Magna Charta Chap∣ter the twenty ninth, the Petition of right. the third of King Charles, and divers lawes there mentioned.

We of the Kings party did and do detest Monopolies, and ship money, and all the grievances of the people as much as any men living, we do well know that our estates lives and fourtunes are preserved by the lawes, and that the King is bound by his lawes, we love Parliaments If the Kings, Judges, counsell or ministers have done a misse, they had from the third of November 1640 to the tenth of January 1641, time to punish them, being all left to Justice; Where is the Kings fault?

The Law saith the King can do no wrong, that he is medicus regni, pater patriae, spousus regni, * 1.64 qui per anulum is espoused to his Realme at his Coronation; the King

is Gods Lieutenant, and is not able to doe an unjust thing, These are the words of the law.

One great matter is pretended that the people are not sure to enjoy the acts passed this Parliament, A succeeding Parliament may repeale them; The objection is very weake, a Parliament succeeding to that may repeale that repealing Parliament. That feare is endlesse and reme∣dilesse, for it is the essence of Parliaments being compleate and as they ought to be, of head and all the members, to have power over Parliaments before; Parliaments are as the time are; if a turbulent faction prevailes; the Par∣liaments are wicked, as appeares by the examples recited before of extreame wicked Parliaments: if the times be sober and modest, prudent and not byassed, The Parlia∣ments are right, good and honorable, and they are good Medicines and salves, but in this Parliament excessit medi∣cina modum.

In this cause and warre betweene the Kings Majesty and the two houses at Westminster, what guide had the sub∣jects of the land to direct them but the Lawes? What meanes could they use to discerne what to follow, what to avoide but the Lawes? The King declares it Treason to ad∣here to the Houses in this warre: The Houses declare it Treason to adhere to the King in this Warre. The Subjects for a great and considerable part of them (treason being such a crime as forfets life and estate and also renders a mans posterity base beggerly and infamons) looke upon the Lawes, and finde the lettr of the law re∣quires them to assist the King, as before is manifested, was ever subject criminally punisht in any age or na∣tion for his pursuit of what the letter of the Law com∣mands?

The Subjects of the kingdome finde the distinction and interpretation now put upon the Lawes of Abstractum & Concretum, Power and Person, body politique, and

naturall, Personall presence and virtuall, to have beene condemned by the law: And so the Kings party hath both the letter of the law and the interpretation of the letter cleared to their judgments, whereby they might evident∣ly perceive what side to adbaere to, what satisfaction could modest peaceable and loyall men more defire?

A verbo legis in criminibus & poenis non est recedendum, hath beene an approved maxime of law in all ages and times. If the King be King and remain in his Kingly office (as they call it) then all the said lawes are against them without colour: * 1.65 they say the said lawes relate to him in his office, they cannot say otherwise, Commissions and pardon in the Kings name, and the person of the King and his body politique cannot, nor ought to be severed as hath beene before declared: * 1.66 And the members of both houses have sworn constantly in this Parliament that the King is the only supreme Governour in all causes over all persons at this present time.

For that of verball or personall commands of the King which is objected, We affirme few things to be subject thereto by the law: But his Majesties Command un∣der his great Seale, which in this warre hath beene used by the Kings command for his Commission to leavy and array men, that is no personall command (which the law in some cases disallowes) but that is such a com∣mand, so made, as all men hold their lands by, who hold by Patents; All corporations have their Chartera which hold by Charters, and all Judges and officers their pla∣ces and callings.

[Ob.] It is objectd the King cannot suppresse his Courts of Justice, and that this warre tended to their suppression. * 1.67

[Sol.] The answer is the King cannot, nor ought to suppresse Justice or his Courts of Justice, nor ever did: But Courts of Jnstice by abuser or non user cease to be courts of Justice; when Judges are made and proceedings in those courts

holden by others then Judges made by the King, and a∣gainst his command under the great Seale, and his Ma∣jestie is not obeyed, * 1.68 but the votes of the houses, they cease to be the Kings Courts and are become the Courts of the houses, and his Judges breaking that condition in law, of trust and loyalty, implied in their Patents, are no longer his Judges; they obey and exercise their places by virtue of writts and processes under a counterfet Seale. The King only can make Judges, the twenty seventh of Henry the eighth, Chapter the twenty fourth, Justices of the Peace, &c. twenty eighth of Henry the eighth Dier the ele∣venth, the Kings Patent makes Judges: The cheefe Ju∣stice of the Kings Bench is made by the Kings writt only of all the Judges.

The great Seale is the key of the kingdome, * 1.69 and meete it is that the King should have the key of his kingdome about him; 2 pars instit 552. which confutes their say∣ing that the King got the Seale away surreptitiously.

The King, and he only, may remove his Courrs from Westminster into some other place, * 1.70 at Yorke the Termes were kept for seven yeares, in Edward the sirst's time: but for the Court of Common pleas, the place must be ceataine; for the Kings Bench and Chancery, the King by the law may command them to attend his person alwayes if it seeme so meete unto him: but the removing of the Common pleas must be to a place cer∣taine, and so notified to the people.

All the bookes of law in all times agree, * 1.71 that the King may grant couusance of all Pleas at his pleasure within any County or precinct to bee holden there only, and remove the Courts from Westminster to some other place (for the Common Pleas, the place must be certaine and so notified to the people) and adjourne the termes as hee sees cause. All which the two houses have violated. Plebs sine lege ruit.

Some seeming objections of Master Prinn's, seettered in divers books, answered and the truth thereby more ful∣ly cleared.

[Ob. 1] The first of Henry the fourth reviveth the statute of the eleventh of Richard the second, and repeales to the twelfth of Richard the second, whereby certaine persons were declared traytors to the King and kingdome, being of the Kings party.

[Sol.] True, but note, the eleventh of Richard the second, A Parliament beset with 40000 men, and the King assents to it, so an Act, and besides the first of Henry the fourth de∣clares that that treasons mentioned in the act of the ele∣venth of Richard the second, being but against a few pri∣vate men shall not be drawn into example, and that no Treason should be but such as the twenty fist of Edward the third declares. * 1.72 All these are Acts passed by the King and the three estates, not to be drawne into example in a tumultuous time, by a besieged Parliament, with an ar∣my, and the confirmer 〈◊〉〈◊〉 Henry the fourth being an usur∣per makes that act of the first of Henry the fourth to secure himselfe. Also what is this to the votes of the two houses only at this time.

[Ob. 2] The Court of Parliament is above the King, for it may avoid his Charters Commisions &c. granted against the law.

[Sol.] And the Law is above the King.

By the same reason you may say that the Courts of Chancery, or any of the Courts of law at westminster are above the King, for they make of no effect the Kings Charters, which are passed against the law: and the King is Subject to law, and sworne to maintaine it. Again it is no Parliament without the King, and the King is the head thereof, he is principium Caput & finis of a Parliament as Medas tenendi Parliament. hath it, and two houses only, want principium Caput & finis of a Parli∣ament

and it is a sorry Parliament that wants all these. And therefore to say that Parliaments are above the King, is to say that the King is above himselfe.

[Ob. 3] The Parliament can enlarge the Kings prerogative, there∣fore it is above him.

[Sol.] If the King assent otherwise not, and then it is an act of Parliament and otherwise no Act.

[Ob. 4] Bracton saith God, the Law, and the Kings Court (viz) his Earles and Barrons are above the King. (viz) in Parliament, as Master Prinne expounds it,

[Sol.] Where is then the house of Commons? Indeed take God, the Law, and Earles and Barrons together it is true, but to affirme that the Earles and Barrons in Parli∣ament are above the King (the King being the head of the Parliament, and they one of the members) how an infe∣rior member is above the head, is hard to cenceive; be∣sides that position destroyes all Master Prinns discourse, who attributes so much to the house of Commons.

[Ob. 5] The King is but one of the three estates of Parliament, and two are greater then one; therefore above,

[Sol.] The Leggs Armes and trunke of the Body are greater then the head and yet not above: nor with life without it; The argument holds for quantity but not for quality, and in truth the King is none of the three estates, but above them all, the three estates are the Lords Spriritu∣all, the Lords Temporall, and the Commons; Cooke their Oracle in his Chapter of Parliaments, Folio the first.

[Ob. 6] In corporations the greater number of voices make all the Acts of the corporation valid; therefore so in Parlia∣ment.

[Sol.] By this reason the Kings assent is needlesse and to no end, and all the Acts of Parliament formerly mentioued, and law bookes have quite mistaken the matter which with unanimous voice requires the Kings assent as nece∣ssary.

Besides the Corporations are so constituted by the Kings Charters, that the greater number of votes shall make their Acts valid.

[Ob. 7] The King, as King, is present in his Parliament as well as in all other his Courts of Justice, how be it he is not there,

[Sol.] In his other Courts of Justice he hath no voice, he is none of the Judges, in the Parliament he hath, if his presence be not necessary his voice is not, nor his as∣sent.

[Ob. 8] The originall prime legislative power of making Lawes to bind the subjects and their posterity, * 1.73 rests not in the King, but in the kingdome and Parliament which repre∣sents it.

[Sol.] Master Prinne in the same lease affirmes, and truly, that the Kings assent is generally requisite to passe lawes and ratifie them, the King is the head of the kingdome and Parliament, how then can a body act without a head?

[Ob. 9] A major part of a Corporation binds, therefore the Ma∣jor part in Parliament, and so of by Lawes.

[Sol.] The Corporation is so bound, either by the Kings Char∣ters, or by prescription, which sometimes had the Kings concession: but prescription, and Law, and practise, alwayes left the King a negative voice.

[Ob. 10] The King cannot alter the Bills presented to him by both houses g^o.

[Sol.] True but the King may refuse them,

[Ob. 11] Acts of Parliament and Lawes ministred in the Reignes of usurpers bind rightfull Kings. g^o.

[Sol.] What is this to prove the two houses power only, which is the question, A King de facto must be obeyed by them who submitted to him, and they are his Subjects by their submission, and not Subjects defacto to the true King, * 1.74 and such being Traytors and Rebells to the re∣gent King (having renounced the true King) when the

lawfull Kings is restored, may be punished by him for their treason against the usurper. But heere is a King still in both cases, and the proceedings at law holds; The Judges having their patents from the being Kings, in the reignes of Kings, de facto or dejure, for all Kings are bound and sworne to observe the lawes.

[Ob. 12] A King dies without Heyre, is an infant, non Compos mentis &c. the two honses may establish Lawes. g^o

[Sol:] There is no Inter-regnum in England, as appeares by all our books of law, and therfore the dying without Heyre is a Vaine supposition, and by their principle he is con∣siderable in his politique capacity, which cannot die at all: The protector assisted by the Councell of the King at law, his twelve Judges, the councell of state, his Attorney, Solicitor and two Sergieants at law, his twelve Masters of the Chancery, hath in the Kings be∣halfe and ever had, a negative Voice; but what is this to the present question; Wee have a King of full age, of great wisdome and judgement, The power of the two houses in such a case to be over the King cannot be showne.

[Ob. 13] The King cannot disassent to publique and necessary Bills for the common good. g^o

[Sol.] Nor ever did good King, but who shall be judge whe∣ther they be publique and necessary? The major part in either of the houses for passing of bills so pretended may be but one or two voices or very few; and perhaps of no judicious men, is it not then fitter or more agreeable to rea∣son; that his Majestie, and Councell of State, his twelve Judges, his Sergieants, Attorny and Solicitor, twelve Masters of the Chancery should judge of the conveni∣ency and benefit of such Bills for the publique good, rather then a minor (of which sort there may be in the houses) or a weake man, or a few, who often times carry it by making the Major part, which involves the consent of all? Let reason determine.

[Ob. 14] The Kings of England have beene elective, and the King by his Coronation Oath is bound to maintaine ju∣stas leges & consuetudines quas vulgas elegerit. g^o

[Sol.] Popery hath beene in the kingdome and therefore to continue it still will not be taken for a good argument, when things are setled for many ages, to looke back to times of confusion, is to destroy all repose: The Act of Parliament of the first of K. James. Chapter the first and all our extant lawes say, that the Kings office is an heritage inhaerent in the blood of Our Kings and their byrth-right.

And usurpers that come in by the consent of the people, * 1.75 are Kings de facto but not de jure as appeares by the acts of Parliament declaring them so. And by all our law books and the fundamentall constitution of the Land, Re∣gall power is herditary and not elective.

For the words (vulgus elegerit) if vulgus be applied to the house of commons, * 1.76 they if themselves can make no laws? The Peeres were never yet termed vulgus, but allowing they be so called, the lawes to be made must be just and who is fit to judge thereof is before made evi∣dent.

[Ob. 15] Customes cannot referre to future time, and both are coupled, Lawes and Customes.

Princes have beene deposed, and may bee by the two houses. g^o

[Sol.] The deposers were Traytors as appeares by the reso∣lution of all the judges of England; Cooke Chapter: Trea∣son in the second part of the Institutes. And never was King deposed but in tumultuous and mad times, and by the power of Armies, and they who were to be the succee∣ding Kings, in the head of them, as Edward the third and Henry the fourth.

[Ob. 16] The appeale to the Parliament for errors in judgements in all Courts, is frequent. g^o

[Sol.] This is only to the house of Lords, and that is not the

Parliament: the house of Commons have nothing to doe therewith and in the house of Peeres, if a writt of er∣ror be brought to reverse any judgment. There is first a Petition to the King for the allowance thereof, and the reason of the Law in this Case is for that the Judges of the Land all of them, the Kings Councell, and twelve Masters of the Chancery assist there, by whose advice erroneous judgments are redressed.

[Ob. 17] The Parliaments have determined of the rights of Kings, as in Henry the sixts time, and others, and Parliaments have bound the succession of Kings, as appeares by the statute of the thirteenth of Q. Eliza, Chapter the first and the discent of the Crowne is guided rather by a Parlia∣mentary Title then by common law. g^o

[Sol.] If this objection be true, that the Title to the Crowne is by Parliament then wee had no usurpers, for they all had Parliaments to back them, yea Richard the third, that Monster. All our books of law say they have the Crowne by discent, and the Statutes of the Land declare, that they have the same by inherent byrth-right. And the Statute of the thirteenth of Elizabeth, the first Chapter, was made to secure Queene Elizabeth, against the Queene of Scots, then in the Kingdome, clayming the Crowne of England, and having many adherents. And that Statute to that end affirmes no such power in the two Houses (which is the Question) but in Queene Esizabeth, and the two Houses, which makes against the pretence of this time.

Master Prinne, fol. 104. of his booke intituled the Par∣liaments supreme Power, &c. Objecting the Statute of the first of Queene Elizabeth, and his owne Oath, That the King is the only supreame Governour of this Realme. Answeres; The Parliament is the supreme Power, and the King supreame Governour. And yet there hee allowes him a Negative Voice, And fol. 107. confesseth that Acts

of Parliament, translated the Crowne from the right heires at Common-lawe to others who had no good Title; Then the Parliamentary Title makes not the King, so powerfull is Truth, that it escapes from a man unawares: To make a distinction betweene Supreame Governour, and Supream Power, is very strange, For who can Governe without Power?

The King assembles the Parliament by his Writt, * 1.77 Ad∣journes, Prorogues and Dissolves the Parliament, by the Lawe at his pleasure, as is evident by constant practise, the House of Commons never sate after an adjournment of the Parliament by the Kings command. Where is the Su∣preame Power?

[Ob. 18] The King, by his Oath, is bound to deny no man Right, much lesse his Parliament, To agree to all just and neces∣sary Lawes proposed by them to the King. This is the substance of the discourse against the Kings Negative Voice.

[Sol.] The King is so bound as is set downe in the Objection, but who shall judge whether the Bill proposed bee just and necessary: For all that they doe propose are so pretended and carried in eyther House, sometimes by one or two voi∣ces; or some few as aforesaid, and certainly as hath beene shewn, the King, his Councell of State, his Judges, Sar∣geants, Attorney, Sollicitor, and twelve Masters of the Chancery can better Judge of them, then two or three or few more.

Master Prinne fol. 45. In his booke of the Parliaments interest to nominate Privy-Councellors, &c. calleth the opinion of the Spencers to divide the person of the King from his Crowne, a strange opinion, * 1.78 and cites Calvins Case, but leaves out the conclusions therein mentioned, fol. 11. Master Prinne saith there, But let this opinion be what it will: without the Kings Grace and Pardon it will goe very far, and two Acts of Parliament there mentioned

are beyond an opinion. And in his booke of the opening of the Great Seale fol. 17. The Parliament hath no ju∣risdiction to use the Great-Seale for Pardons Generall or Particular. Where is the Supreme power?

[Ob. 19] Master Prinnes (opening of the Seale) Page 19. saith, The Noblemen and State, the day after the funerall of King Henry the third (king Edward the first his sonne being in the holy Land) made a new Great-Seale, and Keepers of the same: And in Henry the sixts time, in the first yeere of his Reigne, the like was done in Par∣liament.

[Sol.] A facto, ad jus, is no good Argument, for that in Ed∣ward the firsts time, it was no Parliament, for King Henry the third was dead, which dissolved the Parliament, if cal∣led in his time, and it could bee no Parliament of Edward the first•• time, for no writ issued to summon a Parliament in his name, nor could issues but under that new Seale, it was so sodainly done after Henry the thirds death, King Edward the first being then in the holy-Land, it was the first yeere of his Reigne, and no Parliament was held that yeere, not the second yeere of his Reigne, The first Parliament that was in his Reigne, was in the third yeere of his Reigne, as appeares by the Printed Acts. Also the making of that Seale was by some Lords then present, What hand had the Commons in it? Concerning the Seale made in Henry the sixts time, the Protector was vice-Roy according to the course of Lawe, and so the making of that Seale was by the Protector in the Kings name; and that Protector Humphry Duke of Gloucester, as Protector, in the Kings name, sum∣moned that Parliament, and was Protector made by the Lords, and not in Parliament, as appeareth plainly, for that Parliament was in the first of Henry the sixt, and the first holden in his time, and power given by Commission to the said Dake, then Protector, to summon that Parliament. Prinne ibid. fol. 19. But the new Counterfeit Seale was

made when the King was at Oxford, in his owne kingdom and not in the holy-Land.

[Ob. 20] Master Prinue in his Booke of the two Houses po∣wer to impose Taxes, restrayne Malignants against a∣ny Habeas Corpus, &c. saith that the Parliament is a∣bove Magna Charta, and folio 15 ibid. The Parliament hath power over Magna Charta to repeale the same when there is Cause.

[Sol.] This Argument supposeth that they have the Kings power, which hath appeared formerly they have not. But suppose they had, Magna Charta contaynes ma∣ny morall Lawes, which by the Lawe of the Land a Par∣liament cannot alter, 21. H. 7.2. Dr. & Student, 2. Dia∣logue. For example, it saith cap. 18. Justice shall not be sold, dlayed nor denyed to any man, but by this Argu∣ment the Parliament may make Lawe to delay, deny, and to sell Justice, which surely is a very ill position to maintaine.

What they would have doth now by the Propositi∣ons sent to Newcastle to his Majestie appeare, where∣by they would have him divest himselfe and settle in them all his kingly power by Sea and Land, and of themselves to have power, without him, to lay upon the people of this Land, what Taxes they thinke meete, to abolish the Com∣mon-prayer booke, to abolish Episcopacy, and to in∣troduce a Church government not yet agreed, but such as they shall agree on.

His Majesty finding a prevayling party in both Houses to steere this course, and being chased away with Tu∣mults from London, leaves the Houses for these reasons.

(viz.)

FIRST, Because to alter the Government for Reli∣gion, is against the Kings Oath.

Secondly, Against their Oathes: For every of them hath sworne in this Parliament, That his Majesty is the only supreame Governour in all Causes Ecclesiasticall and over all Persons.

Thirdly, This course is against Magna Charta, the first Chapter and the last. Salvae suis Episcopis omnes li∣bertates suae, Confirmed by thirty two Acts of Parli∣ament, And in the two and fortieth of Edward the third, in the first Chapter enacts, If any Statute bee made to the contrary it shall be holden for none, and so it is for Judge∣ments at La we, in the twenty fift of Edward the first, chap∣ter the first and the second, The great Charter is declared to be the Common-lawe of the Land.

Fourthly, They indeavour to take away by their Propositions, the Governement of Bishoppes, which is as ancient as Christianity in this Land, and the booke of Common-Prayer, setled by five Acts of Parliament, and compiled by the Reformers and Martyres, and practised in the time of foure Princes.

Fiftly, These Propositions taking away from his Ma∣jesty all his power by Land and Sea, Rob him of that which all his Ancestours Kings of this Realme have enjoyed. That Enjoyment and Usage makes the Lawe, and a Right, by the same to his Majesty. They are against their owne Protestation made this Parliament (viz.) to maintaine his royall Person, Honour and E∣state; They are against their Covenant, which doth say that they will not diminish his just Power and Greatnesse.

For these Reasons his Majesty hath left them, and as is beleeved will refuse to agree to the said Propo∣sitions, as by the Fundamentall Lawe of the Land hee may (having a Negative Voyce) to any Bills proposed.

The result of all is, upon the whole matter. That the king thus leaving of the Houses, and his deniall to passe the said Propositions, are so farre from making him a Tyrant, or not in a condition to Governe, at the present; That there∣by he is rendred a Just, Magnanimous and Pious Prince, so that by this it appeares cleerely to whom the Miseries of these Times are to bee imputed. The remedy for all is, an Act of Oblivion and a Generall Pardon.

GOD save the KING.

28^o. Aprilis 1647.

David Jenkins. Now prisoner in the Tower.

Notes

• * 1.1

  The kings pre∣rogative is a principall part of the common Lawe. Com. Littl. 344.
• * 1.2

  Hen. 3.
• * 1.3

  Bracton temps H-3. lib. 4. cap. 24. Sect. 1.
• * 1.4

  Sect. 5. Bract. ibid.
• * 1.5

  Brrcton lib. 5. tract. 3. de de∣faltis Cap. 3. Bracton. Lib. 3. Cap, 7.
• * 1.6

  Edw. 1.
• * 1.7

  7. Ed. 1. statuts at large fol 42.
• * 1.8

  7 Ed. 2. 4 pars instit. 14.
• * 1.9

  1 Ed 2. de Mi¦litibus.
• * 1.10

  Ed. 3. Calvins Case Cook l. 7. fol. 11
• * 1.11

  Plowdon Com. 322. 27. ass. pl. 49.
• * 1.12

  33 Ed. 3. ayde de Roy. 103. Fitz.
• * 1.13

  10 H. 7.16.
• * 1.14

  Com. Sur. Littl. Sect. 4.
• * 1.15

  3 Ed. 3.19.
• * 1.16

  4 pars Cookes instit. fol. 14.42 E 3. Parliament Roll: num: 7: Lex & consue∣tudo Parlia∣menti.
• * 1.17

  25 Ed: 3. cap. 2
• * 1.18

  21 Ed. 4 14.
• * 1.19

  R. 2. 11 anno cap. 13 4 pars instit. fol. 42
• * 1.20

  16 R: 2: cap: 5.
• * 1.21

  H. 4
• * 1.22

  A booke alow∣ed by Syr Nat Brent, called the reason of the war: fol 95
• * 1.23

  H. 5:
• * 1.24

  2 H. 5. 4 pars instit. 46
• * 1.25

  H. 6.
• * 1.26

  32. H. 6.13. Plowd. 334.
• * 1.27

  Ed. 4.
• * 1.28

  Calvins Case 7 pars. fol. 11.12.
• * 1.29

  Plow. com. 213.
• * 1.30

  19 Ed- 4.6.
• * 1.31

  22 Ed. 4. Fitz. jurisdiction last placite.
• * 1.32

  Ed. 5. 4 Ed. 4.25. 5 Ed. 4 29.
• * 1.33

  R. 3. 1 R. 3 cap. 15.
• * 1.34

  H. 7; 11 H. 7. cap. 1.
• * 1.35

  12 H. 7.20. H. 8. 24 H. 8. cap. 12. 25 H. 8. cap. 21
• * 1.36

  27 H. 8. cap 24. Note.
• * 1.37

  33. H. 8 cap. 21
• * 1.38

  Dier 38. H. 8. •••• 59.60.
• * 1.39

  14 H. 8. fol. 3.
• * 1.40

  24 Ed. 3••48. 1 Ed. 4.2. 2 H. 4.8. 1 H. 7.10. 1 Ed. 5.1.
• * 1.41

  Ed. 6. 1 Ed. 6. cap. 7.
• * 1.42

  1 Ed. 6. cap. 2.
• * 1.43

  2.3 Ed. 6. cap. 2.11 H. 7. cap. 1. Calvins Case. Sa. pars Cooke.
• * 1.44

  5.6 Ed. cap. 11.
• * 1.45

  Q. Mary.
• * 1.46

  1 Mar. Pl 2.6.2
• * 1.47

  4.5 P. & M. c. 3 Q. Eliz. 10 Eliz. Pl. 315
• * 1.48

  Plow. 234.242 213. Calvins Case 7. pars fol. 12. Plow. com. 213.
• * 1.49

  Plow. 934. 243 213. Calvins Case 7 pars fo. 12.
• * 1.50

  1 Eliz. cap. 1. 5 Eliz. cap. 1. Cawdries Case 5 pars fol. 1.
• * 1.51

  43 Eliz. 3 pars inst it. fo. 12.
• * 1.52

  39 Eliz. Hil. 1 Jacobi ibid.
• * 1.53

  39 Eli. Brads. Case fol. 9 & 10. By all the Judges of Eng∣land, ibid. 10 Eliz. Plow: 316,
• * 1.54

  10 Eliz. Plow. 319.
• * 1.55

  K. James 1 Jaco. cap. 1. 9 Ed: 4. fol. 8.
• * 1.56

  3 Jac. cap" 4: 23 Eliz cap: 1.
• * 1.57

  K. Charles Collection of Ordinances fo. 727. 1 pgrs. ibid. fol. 728.
• * 1.58

  ibid. fol. 865.
• * 1.59

  4 pars instit. fol. 3 & 4.
• * 1.60

  The Oath of the Justices 18 of Ed. 3. among Statutes of that yeere.
• * 1.61

  1 R. 3. cap. 3. Bract li. 3. c. 8. Stanford. 192. Sir Ger. Fleet∣woods Case. 8. pars Cook 7. H. 4. laste leafe.
• * 1.62

  9 Ed. 4. sol. 4.
• * 1.63

  Coll. of Ord. fol. 31.
• * 1.64

  11 pars. Cookes Reports. Mag∣dalen Colledge Case
• * 1.65

  Coll of Ordi∣nances 777.
• * 1.66

  5 Eliz. cap. 1. 1 Eliz. cap. 1.
• * 1.67

  7 pars The Earle of West∣merlands Case. 1 Eliz. Dier 165. 7 pars Cooke.
• * 1.68

  The case of dis¦continuance of Processe.
• * 1.69

  Avticuli super chartas cap. 5.
• * 1.70

  Britton sol. 23.
• * 1.71

  34. Assis. pl. 24. 22 Ed. 4. Fitz: jurisdiction last placit. 6 H. 7.9. 6 Eliz. Dier 226.
• * 1.72

  9 Ed. 4. fol. 80.
• * 1.73

  Soveraign po∣wer of Parlia∣ments. 46.47.
• * 1.74

  9 Ed. 4.12.
• * 1.75

  1 Ed. 4. cap. 1.
• * 1.76

  1 H. 7.
• * 1.77

  Vide Speede 645. 4 pars In∣stit. 27. & 28.
• * 1.78

  Calvins Case 7 pars fol. 11.