LEX TERRAE.

THe Law of this Land hath three grounds: First, Custome. Se­condly, Iudiciall Records, Thirdly, Acts of Parliament. The two latter are but declarations of the Coumon-Law and Custo [...]e of the Realme, touching Royall Go­vernment. And this Law of R [...]yall G [...]vernment is a [...]aw Funda­mentall.

The Government of this King­dome by a R [...]yall Soveraigne, The Kings Prerogative is a princi­pall part of the common Law. Com. Lital 34 [...]. 27 Hen. 8. Stamford, Pra [...]. fol. 1. 2 Pars inflit. fol. 496 3 Parsinstit. pag. 84. hath been as ancient as History is, or the memoriall 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 V­sage so practised makes therein a Fundamentall Law, and the Com­mon Law of the Land is common Vsage, Pl [...]wdens Commentaries 195. For the first of our Kings si­thence the Norman Conquest, the first William, second William, Henry the [Page 6]first, Stephen, Henry the second, and Richard the first, the Customes of the Realme touching Royall Go­vernment, were never questioned: The said Kings injoyed them in a full measure. In King Iohns time the Nobles and Commons of the Realme conceiving that the ancient Customes and Rights were violated, and thereupon pressing the said King to allow them in the seventeenth of King Iohn, the said Liberties, were by King Iohn allowed, and by his Sonne Henry the third, after in the ni [...]th yeare of his Reigne confirmed, and are called Magna Charta, and Charta de Foresta, declared foure hundred twenty two yeares s [...]hence by the said Charters.

Now [...]ests to be considered, after the Subjects had obtained 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 November, 1640. for before Henry the thirds time, the Soveraignty had a very full Power.

Rex habet Potestatem & ju­risdictionem super omnes qui in Regno suo sunt, Bracton. temp H. 3. l. 4 cap. 24. Sect. 1. ea quae sunt juris­dictionis & paucis ad nullum per­tinent nisi ad Regiam dignitatem, habet etiam coercionem, ut De­linquentes puniat & coerceat: This proves where the supreme Power is.

A Delinquent is he who adhears to the Kings Enemies, Com. Sur. Litil. 261. This shewes who are De­linquents.

Omnis sub Rege, & ipse sub nul­lo nisi tantum Deo, nonest inferior sibi Subjectis, Soct. 5. Brac [...] ibid. non parem habet in Regno suo: This shewes where the supreme power is.

Rex non habet superiorem nisi Deum, satis habet ad poenam quod Deum expectat ultorem. Bracton. l. 5. tract. 3. de delaiti, cap. 3 Bracton▪ l. 3 cap. 7. This shewes where the supreme po­wer is.

Treasons, Fellonies, and other Pleas of the Crowne, are propria causa Regis: This shewes the same power.

By these passages it doth appeare [Page 8]what the Custome was for the power of Soveraignty before that time, the power of the Militia, of coyning of Money, of making Leagues with forraigne Princes, the power of par­doning, of making of Officers, &c. All Kings had them, the said Powers have no beginning.

Sexto Edw. 1. Com. Sur. Eittl. 85. Lege Homage, every Subject owes to the King (viz.) Faith de Membro, de vita, de terreno Honore, the forme of the Oath, Edward 1. inter vetera sta­tuta is set downe; We read of no such, or any Homage made to the two Houses, but frequently of such made by them.

It is declared by the Prelates, Earls, Barons, and Commonalty of the Realme, that it belongeth to the King and his Royall Segniory, [...] Ed. 1. Stra­su [...]e at large, fol. 42. 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 contra­ry according to the Law and Usage of the Realme, and hereunto they are bound to ayd their Soveraigne Lord, at all seasons when need shall be. Here the supreame power▪ in the time of Parliament, by both Houses is de­clared to belong to the King.

At the beginning of every Parlia­ment, all Armes are, 7. Ed. 2.4. pars instit. 14. or ought to be forbidden to be borne in London, Westminster, or the Subburbs. This condemnes the multitudes comming to Westminster, and the Guards of armed men.

All who held by Knights service, 1 Edw. 2. de. Militibus. and had twenty pounds per annum, were distraynable ad Arma militaria suscipienda: This agrees with the Re­cords of ancient time, continued con­stantly in all Kings times, but at this Parliament 3. November, 1640. The King out of his grace, discharged 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 Edw. 2. Edw. 3. Ca [...] ­vins Case Cook [...]e 7. fol. 11. time hatched (to cover their Treason) this damnable and damned opinion (viz) That Ligeance was more by reason of the Kings politick capacity then of his person, upon which they inferred these execrable and detesta­ble consequences. First, if the King demeaned 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 suit of Law it was to [Page 10]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 Hugonis in Ed. 2. time; the o­ther by 1. Edw. 3. cap. 2. All which Articles against the Spencers are confirmed by this last Statute, the Ar­tiles are extant in the booke called vetera Statuta. The separation of the Kings person from his power, is the principall Article condemned, and yet all these three damnable, detesta­ble, and execrable consequents, are the grounds whereupon this present time relies, and the principles where­upon the two houses found their cause.

The Villeine of a Lord, in the presence of the King cannot be sei­zed; [...]nden. com, 322. [...]y ass. pl. 49 for the presence of the King is a protection for that time to him: This shewes what reverence the Law gives to the person of a King.

Regis, 33 Ed. 3. [...]yde de roy, 203 Fitz, 30 H. 7.16 sacro oleo uncti sunt capa [...]es spiritualis jurisdictionis: But the two Houses were never held capable of that power.

Rex est persona mixta cum sacerdote, ha [...]et Ecclesiasticam & spiritualem juris­dictionem: This shewes the Kings po­wer in Ecclesiasticall Causes.

The Lands of the King is called in Law Patromoni [...]n sacrum: Com. Sur. Littl Sect. 4. The Houses should not have meddled with that sa­cred Patromony. 3 Ed. 3.19

The King hath no Peere in his Land, and cannot be judged? Ergo the two Houses are not above him.

The Parliament 15. Ed. 3. was re­pealed, for that is was against the Kings Lawes and prerogative. 4 part instit [...] fol. 25. This shewes cleerely the Propositions sent to Newcastle, ought not to have beene presented to his Majesty, For that they are contra­ry to the Lawes and his Prerogative.

The Lords and Commons cannot assent in Parliament to any thing that tends to the dis-inherifion of the King and his Crowne, 4 Part, Cooke in [...]it. fol. 14. 42. E. 3. to which they are sworne: This condemnes the said Propositions likewise.

To depose the King, Parliamen [...] Rol. num. 7. Rex & [...] suetud [...] Par­ [...]amenti. to imprison him untill he assent to certaine de­demands, a warre to alter the Religi­on established by Law, or any other Law, or to remove Councellors, to hold a Castle or Fort against the King, are offences against that Law declared to be treason by the resoluti­on herein after mentioned, by that Law men are bound to ayd the King when warre is levied against him in [Page 12]his Realme. 25 Ed. 3. cap. 2. King in his Statute must be intended in his naturall body and person that only can dye; for to com­passe his death, and declare it by o­vert Act is declared thereby treason; to incounter in fight such as come to ayd the King in his warres, is trea­son.

Compassing of the Q [...]ens death, of the Kings Eldest Sonne, to coyne his money, to counterfeit his Great-Seale, to levy Warre against him, to adhere to such as shall so doe, are de­clared by that Act to be high treason. This Statute cannot referre to the King in his politique capacity, but to his naturall, which is inseperable from the politick; for a body politick can have neither Wife, [...]. 13. nor Childe, nor levy Warre, nor doe any Act but by the operation of the naturall bo­dy: A Corporation or body politick hath no soule or life, but is a fiction of the Law, and the Statute meant not [...]ctitious persons, but the body natu­rall, conjoned with the politique, which are inseperable.

The clause in that Act, that no man should sue for grace, or pardon for any offence condemned or forfei­ture given by that Act, 21 Ed. 4.14. [...]. 2.11. an. was repealed by a subsequent Act in 21. R. [...] hol­den [Page 13]unreasonable, without example; and against the Law and custome of the Parliament. This condemnes the Proposition for disabling the King to Pardon. 4 pars instit. fol. 42. 4. Pars instit fol. 42. The Act of 11. R. 2. so much urged by the o­ther side, was an Act to which the King consented, and so a perfect Act: yet Note the Army then about the Towne: Note that that Law is a­against 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 example, 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 be treason but what is declared by 25. Ed. 3. 16. Ed. cap. 5.16. R. 2. cap. 5. H. 4.

The Regality of the Crowne of England, is immediately subject to God and to none other. Plaine words, shewing where the supreame power is.

The Commission of Array is in force and no other Commission, Rot. Parlm. 5. H. 4. numb. 24. an Act not printed, this Act was repealed by 4. and 5. P. &. M cap. 2. this repealed by the Act of 1 Iacobi, and so it is of force at this day, for the repealing [Page 14]Statute is repealed 4. pars institu [...], fol. 51. & 125▪ published fithence this Parliament, by the desire of the house of Commons, their Order is printed in the last leafe of the commentaries upon Magna Charta.

Sir Edward Cooke, A booke a­lowed by Sir Na Brent called the reason of the War: fol. 65. by their party is holden for the Oracle of the Law, who wrote the said fourth part, in a calme and quiet time, and I may say, when there was no need to defend the authority of the Commission of Array.

For that objection, that that Com­mission leaves power to the Commis­sioners to tax men secundum facul [...]ates, and so make all mens estates Arbitra­ry: the answer is, that in l [...]vying of publicke aydes upon mens goods and estates, which are variable, and pro­bably cannot be certainly knowne by any but the owners, it is impossible to avoyd discretion in the assesments, for so it ever was, and ever will bee. 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, H. 9. if Kings should re­ferre to the politick capacity it would continue after his death, 2 H. 5 [...] par [...] instit, [...]6. 4 pars Iust. 46, which proves that the King can­not [Page 15]be said to be there wh [...] he is ab­sent, as now he is▪ there is no inter regnum in the Kingdome the dissolu­tion of the Parliament by hi [...] death, shewes that the beginning and end thereof referrs to the naturall person of the King, and therefore he may lawfully refuse the Propositions.

2. H. 5 Chap. 6. to the King onely it belongs to make Leagues with For­raigne Princes? this shewes where the supreame power is, and to whom the Militia belongs.

8. H. 6. numb. 57. Rott. Parl. Cooks 4 pars instit. 25. H. 6. No priviledge of Par­liament is grantable for treason, fe­lony, or breach of the peace; if not to any one Member, not to two, not to ten, not to the major part, 19 H. 6.62. The Law is the inheritance of the King and his people, by which they are ruled, King and people; And the people are by the Law bound to ayd 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 treason, they must not be Judges of it, for no man or body, can be Judge in his own cause, and aswel as ten or any number may com­mit treason, the greater number may aswell.

The King by his Letters patents may constitute a County palatine and grant Regall rights, 32 H. 6.13. Plowd. 334. this shewes where the supreame power is.

17. Ed. 4. Rot. Parl. numb. 39. Ed. 4. No priviledge of Parliament 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 bee Judge and party. Calvins Case 7. pars fol. 11, 12. A corporate body can commit no treason, 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 bee committed by or a­gainst such a body; that body hath no soule, no life, and subsists onely by the fiction of the Law, and for that reason the Law doth conclude as a­foresaid; Plow. com. 213. therefore the Statue of 25. E. 3. must bee intended of the Kings naturall person, conjoyned with the politique which are inseparable, and the Kings naturall person being at Holmby, 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 for­raigne Prince, 19 Ed. 4.46. 22 Rd. 4. Fitz. juris­diction [...]st plaeite. without the Kings con­sent, the league holds & is not broken, and therefore the representative body is inferiour to his Majesties.

The King may erect a Court of Common pleas in what part of the Kingdome he pleaseth by his letters patents; can the two Houses do the like?

1 Ed. 5. fol. 2 It cannot be said that the King doth wrong, 1 Ed. 5. 4 Ed. 4.25. 5 Ed. 4 29. declared by all the Judges and Serjeants 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 ac­cording to established Lawes, which the Judges are sworne to observe and deliver betweene the King and his people impartially to rich and poore, high and low; 2 Pars. instit. 158. and therefore the Justices and the Ministers of Justice are to be questioned and punished if the Lawes be violated: and no re­flection to be made on the King. All Counsellors and Judges for a yeere and three moneths untill the tumults began this Parliament: were all left [Page 18]to the ordinary cause of Justice, what hath been done sithence is no­torious.

For great Causes and considerati­ons an Act of Parliament was made for the surety of the said Kings per­son: R. 3. 1 R. 3. cap. 15. if a Parliament were so tender of King Rich. the 3. the Houses have greater reason to care for the preser­vation of his Majesty.

The Subjects are bound by their allegiance to serve the King for the time being, H [...]n. 7. 11 H. 7. c. 1. against every Rebellion, 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 deed and true duty and allegiance they should suffer in any thing, it is ordained they should not; and all Acts of processe of Law hereafter to be made to the contrary are to be void: This Law is to be understood of the naturall Person of the King; for his politick capacity cannot be vanqui­shed, nor war reared against it.

Relapsers are to have no benefit of this Act.

It is no Statute, [...] H. 7.20. 4 H. 7.18. Henry 8. 7 H. 7.14. 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 do justice to all men: 24 H. 8. c. 12. 25 H. 8. c. 28 this is affirmed of the King, and not of the two Houses.

The Commons in Parliament ac­knowledge no superiour to the King under God, the House of Commons confesse the King to be above the re­presentative body of the Realm.

Of good right and equity the whole and sole power of pardoning treasons, fellonies, &c. 27 H. 8. c. 2 [...]. Note. belong to the King, as also to make all Justices of Oyer and Terminer, Judges, Justi­ces of the peace, &c. This Law con­demns the practice 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, and declared to the Lords and Commons, shall be as effectuall, 33 H. 8. cap. 21. as if he assented in his owne person; a vaine Act if the King be virtually in the Houses.

The King is the head of the Par­liament, the Lords the principal mem­bers of the body, Dier 38. H. 8. fo. 59.60. the Commons the inferiour 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, 14 H. 8. f. 3. as the King, Lords, and Commons, are a Corporation in Parliament, and therefore they are no body without the King.

The death of the King dischargeth all mainprise to appeare in any Court or to keepe the peace. 34 Ed 3.48. 1 Ed. 4.2.

The death of the King disconti­nues all Pleas by the Common-law, 2 H. 4.8. 1 H. 7.10. 1 Ed. 5 1. which agreeth not with the virtuall power insisted upon now.

Writs are discontinued by the death of the King; Ed 6. 2 Ed. 6. c. 7. Patents or Judges, Commission for Justices of the Peace, Sheriffs, Escheators, determined by his death: where is the virtuall power?

All authority and jurisdiction spi­rituall and temporall is derived from the King, 1 Ed. 6. c. 2. therefore none from the Housess

His Majesties Subjects, [...]. 3 Ed. 6. c. 2. 11 H. 7. c. 1. Calvins Case. s [...]. part. Cooke. 1 Pars instit. 69. 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 preparation for warre to be in the King.

It is most necessary both for com­mon policy and duty of the Subject, 5.6 Ed. c. 11. [Page 21]to restraine all manner of shamefull standers against their King, which when they be heard, cannot but be o­dible to his true and loving subjects, upon whom dependeth the whole u­nity and universall weale of the Realme. This condemnes their conti­nuing of the weekely Pamphlets, who have beene so foule mouthed against his Majesty.

The punishment of all offendors against the Lawes, Q. [...]ary. 1. Mar. Pl. 2. cap. 2. belongs to the King, and all jurisdictions do, and of right ought to belong to the King. This leaves all to his Majesty.

All Commissions to leavy men for the warre, 4.5 P. & M. c [...]. Q Eliz. 10 Eliz. Pl. 315. are awarded by the King: The power of warre onely belongs to the King.

It belongs to the King to defend his people, and to provide Armes and Force: No speech of the two Hou­ses.

Roy ad sble governmeni de ses subjects. Plow. 234.242.213. Calvins case 7. pars fol. 12. Plow. com. 213. Corps naturall le Roy & politique sunt un corps. That is, the king hath the sole government of his Subjects, the bo­dy politick and the naturall body of the King make one body, and not di­vers, and are inseperable and indivi­sible.

The body naturall and politique [Page 22]make one body, Plou. 914.243.213. Calvins case 7. pars fol. 12 and are not to be se­vered: 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 Eliz cap. 1 Candries case, 5 pars fol. 1 at every Parliament takes a corporall Oath: That the King is the supreame and onely Governour in all causes in all his Dominions, 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 Law, 4 [...] Eliz. 3. pars instit. fol. 6.2 Candries 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, 39 Eliz. Hil. 1 Iacobi ibid or take him by force, to imprison him untill he hath yeelded to certaine demands, adjudged Treason, and adjudged accordingly in the Lord Cobbams Case.

Atising to alter Religion establish­ed, 39 Ed. Brad case f. 9. & 16. By all the Judges of England, ibid. 10. Eli. Plow. 316 or any Law, is treason; so for taking of the Kings Castles, Forts, Ports or Shipping, Brooke treason 24.3. & 4. Philip and Mary, Dier, Staf­fords Case concerning Scarborough.

The Law makes not the servant greater then the Master, nor the sub­ject greater then the King, for that were to subvert order and measure.

The Law is not knowne but by Usage, and Usage proves the Law, 10 Eliz. Plow. 31 [...] and how Usage hath been is notorious­ly knowne.

The King is our onely rightfull and lawfull Leige Lord and Soveraigne, K. Iames, 1 Iac. cap. 1 9 Ed 4 fol 8 we doe upon the knees of our hearts adnize 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 either in person, or by re­presentation: We doe acknowledge hat the true and sincere Religion of he Church is continued and establi­shed by the King. And doe recognize, as we are bound by the Law of God and Man, the Realme of England, and the Imperiall crowne thereof doth belong to him by inherent birth­right, 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 accept 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 [Page 24]not compleat 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 Crown by the two Houses, but by inherent birth right, and that there can be no Statute without his expresse assent; and destroyes the Chimera of the Kings virtuall being in the Houses.

To promise obedience to the Pope or any other State, 3 Iae. cap. 4. 23 Eliz. c. 1. Prince or Poten­tate, other then the King, his heyres and successors, is treason; and there­fore those persons who call the houses the Estates offend this Law.

Such Bils as his Majesty is bound in conscience and justice to passe, K. Charles Collection of Ordinan­ces, fol. 727. 1 pars ib. fol. 728. are no Law without his assent.

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

Ʋbi l [...]x non distinguit, non est distin­guendum, ibid. fol. 865. all the aforesaid Acts and Lawes do 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 politick capacity: that the King is not a per­son trusted with a power, but that it is his inherent birth-right from God, [Page 25]Nature, and Law, and that he hath not his power from the people: These Lawes have none of those distinctions of naturall and politicke, abstractum & concretum, power and person: in Caesars time this Island had Kings, and ever since, which is almost 17 hundred yeares agoe.

No King can be named, in any time, made in this Kingdome by the people; A Parliament never made King, for they were Kings before: the Parliaments are summoned by the Kings Writs, which for Knights, Citizens, and Burgesses begins thus: viz.

Rex vic. Wilts. Saltem. Quia Nos de avisamento & assensia consilii nri, pro quibus. arduis & urgentib. negotiis nos statune & defensionem Regni nri. Aug. & Eccles. Anglie. concernenti­bus quoddam Parliamentum nrum, apud B. teneri ordinavimus & ibid. cum Prelatis Magnatib. & proceribus dicti Regni nri. Colliquium habere & tractatum, [...]ibl precipimus firmiter injungen­do quod facta Proclamatione in [Page 26]prox. Comitatu tuo post receptio­nem ejusd. Brevis, duos Milites gladiis cinctos, &c. eligi faceas ad faciendum & consentiendum hiis quae tunc ibidem de Comm [...]i Concilio uro. 4 pars Inst. 241. Angl. foventi Deo contigerit ordinari super Negotiis ante dictis, ita quod pro defectu po­testatis bujusmodi seu propter im­providam electionem Mileum, Civium, & Burgensium praed. dicta negotia ura, infect a non re­manerent.

The King is Principium, a pars Instit. fol. 3. & 4 cap [...] & fi­nis Parliamenti, the body makes not the head, nor that which is posterior, that which is prior, consilium non est Preceptum, consiliarii non sunt Precepto­ris, for Counsell to compell a consent, hath not been heard of to this time in any age, and the House of Com­mons, by the Writ, are not called ad co silium; the Writs to the twelve Judges, Kings Counsell, twelve Ma­sters of the Chancery are consilium im­pensuri, and so of the Peeres. The Writs for the Comminalty. Ad facien­dum & consentiendum: Which shewes what power the representative body [Page 27]hath, they have not power to give [...]n Oath; neither doe they claime it.

The King at all times, The Oath of the Justices 18 of E. 3. among Sta­tutes of that yeare. when there is no Parliament, and in Parliament is assisted with the advice of the Jud­ges of the Law, 12 in number, for England at least hath two Sergeants when fewest; an Attorney and Soli­citour, twelve Masters of the Chan­cery, his Councell of State consisting of some great Prelates, and other great Personages, versed in State affaires, when they are fewest to the number of twelve. All these persons are alwales of great substance, which is not preserved, but by the keeping of the Law; The Prelates versed in divine Law, the other Grandees in affaires of State, and managery of Government; The Judges, Kings Sergeants, Attorney, Solicitour, and Masters of the Chancery versed in the Law 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 the Kings people, according to the established Lawes, notwith­standing any command of the King to the contrary, under the Great Seale [Page 28]or otherwise, the people are safe by the Lawes in force without any new: The Law finding the Kings of this Realme assisted with so many great men of Conscience, 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 other powers upon the King, a power to refuse any Bill agreed up­on by both Houses, and power to pardon all offences, to passe any Grants in his Minority, (there are many great persons living hold many a thousand pounds a yeare by patents from Edward the sixth, passed when he was but ten yeares of age) not to be bound to any Law to his prejudice, whereby he doth not binde himselfe, power of war and peace, coyning of Mony, making all Officers, &c. The Law, 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 be said notwithstanding all this fence about the Lawes, the Lawes have been violated, and therefore the said powers must not hold, the two Houses will remedy this.

The answer to this is evident: [Page 31]There is no time past, nor time pre­sent, nor will there be time to come, so long as men manage the Law; but the Lawes will be 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 yeare and almost three Moneths, from 3 Nov. 1640. to 10 Jan. 1641. as aforesaid, being a yeare and almost three Moneths, had time and liberty to question all those persons who are either 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 been done this way? Both Houses in Hen­ry the eights time tendred to him a Bill to be passed called commonly the Bill of the six Articles, this was conceived by them to be a just and a necessary Bill: Had not Henry the eight 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 [Page 30]eight deserved much praise to reject this Bill? In Queene Maries time both Houses exhibited a Bill to her to introduce the Popes power, and the Roman Religion; had not Queene Mary done well to have refused this Bill? Many such instances may be gi­ven, The two Houses now at west­minster I am sure will not deny but the refusall of such Bills have beene just, the King being assisted as afore­said, and why not so in these times?

For the Civill Government, what a Rill 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 eight by both Hou­ses for bastardizing of his Daughte [...] Elizabeth, a Queene of renowned me­mory, to settle the Crowne of this Realme, for default of Issue of his body, upon such persons as he should declare by his Letters Patents, or his last Will, and many more of the like? had not this refusall of passing such Bil's magnified his vertue, and rende­red him to Posterity in a different Character from what he now hath?

And by the experience of all times, and the consideration of humane [Page 31]frailty, this conclusion is manifestly deduced, that it is not possible to keep 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 certaine powers fix­ed by the ancient Law must not be made voyd, and the Kings Ministers; the Lawes doe punish where the Law is transgressed, and they onely ought to suffer for the same.

In this Parliament the Houses ex­hibited a Bill to take away the suffra­ges of 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 Roys' avisera, or n [...] veul [...]? 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 Writ whereby they are made two Houses of Parliament, 14 Hen. 7. fol. 22. Eves (que) est signior de grand honne­ [...]r, the King in the Writ being [...]um praelaris colloquium habtre: Secondly, they have been in all Parliaments since we had any, and voted, but in [Page 32]such wherein they themselves were concerned: And there have been Bi­shops here sithence we were Christi­ans, and the Fundamentall Law of the Kingdome approves of them: If any of them were conceived offensive, they were left to Justice, and his Majesty would put in inoffensive men in their places; but sithence his Majesty hath passed the Bill for taking away their Vores in Parliament, it is a Law that bindes us so farre.

Upon the whole matter the Law hath notably determined that Billa a­greed by both Houses, pretended to be for the publick good, are to be judged by the King, for in all Kings Reignes Bils have been preferred by both Hou­ses, which alwaies are pretended to be for the publique good, and many times are not, and were rejected with Roy's auisera, or Roy ne veult.

This Parliament began the 3 of Novemb. 1640. before that time in all the kings reign no armed power did force any of the peo­ple to doe any thing against the Law; what was done was by his Judges, Officers, Re­fers, and Ministers from that time untill the 10. os Ia. 1641. when the King, went from London to avoyd the danger of frequent tu­mults, being a year and 3 months, Privie Counsellors and all his Justices & Ministers were lest to the Justice of the Law, there wanted not time to punish punishable men.

The Sphere of the House of Com­mons is to represent the grievances of the Countrey, to grant aydes for the King upon all fit occasions extraordi­nary, to assent to the making or abro­gating of Lawes: The Orb of the House of Lords to reforme erroneous judgements given in the Kings Bench, to redresse the delayes of Courts of Justice, to receive all Petitions, to ad­vise his Majesty with their Councell, to have their Votes in making or abrogating of Lawes, and to propose for the common good, what they con­ceive meet.

Lex non cogit ad impossibilia, Subjects are not to expect from Kings impossi­ble things, so many Judges, Councel­lours, Sheriffes, Justices of the Peace, Commissioners, Ministers of State, that the King should over-looke them all, cannot be, it is impossible.

The King is vertually 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, o [...] sell Justice for any Commandment of the King. We have Lawes e­nough; Instrumenta boni saeculi sunt bon [...] viri, good Ministers, as Judges and Officers are many times wanting, the [Page 34]houses propose new Lawes, or abro­gation of the old, both induce novel­ty; the Law for the reasons aforesaid, makes the King the onely Judge, who is assisted therein by a great number of grave, learned, and prudent men, as aforesaid.

For the considerations aforesaid the Kings Party adheared to him, the [...]aw of the Lnnd is their Birth­ [...]ight, their Guide, no offence is committed where that is not violated; they found the Commission of A [...] ­ray warrauted by the Law; they found the King in this Parliament to have quitted the Sh [...]-money, Knighthood-money, seven Courts of Justice, consented to a Trienn­all Parliament, setled the Forrest hounds, tooke away the Cearke of the Market of the houshold, trusted the House with the Navy, passed an Act not to d [...]olve this Parlia­ment without the Houses assent; no people in the world so free if they could have been content with Lawes, Oathes, and rea [...], and nothing more could or can be devised to secure us, neither hath been in any time.

Notwithstanding all this we found the King driven from London by [Page 35]frequent tumults, that two thirds andt more of the Lords had disserted tha 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 connterfet Seale, and in the Kings name against his consent, leavying Warre against him, and seizing his Ports, Forts, Ma­gazines and Revenue, and converting them to his destruction, and the sub­version of the Law and Land, laying Taxes on the people, never heard of before in this Land; devised new Oathes to oppose Forces raised by the King, nor to adhere to him, but to them in this Warre which they call the [...] the Oath, and the V. W. and Covenant.

By severall wayes never used in this kingdome, they have raised Mo­nies to foment this Warre, and espe­cially to inrich some among them; namely, first, Ex [...]is, secondly, Con­tributions, thirdly, Sequestrati­ons, fourthly, Fift-parts, fiftly, Twentieth-parts, sixtly, [...] money, seventhly, Sale of Plunde­red gpods, eightly, Loanes, ninthly, Benedolentes, tenthly, [...] [Page 36]upon their fast-dayes, ele­venthly, new Impo [...]tions upon Merchand [...]res, twelfely, G [...]ards maintained upon the charge of pri­vate men, thirteenthly, Fifty Sub­ [...]dies at [...]e time, fourteenthly, Composs [...]ons with such as they call Delinquents, fifteentlaly, Sale of Bi­shpp [...] Lands, &c.

From the Kings Party meanes of subsistance are taken; [...] R 3. cap. 3 Bract. li. 3. c. 8. Stan­ford, 192. Sir Ger. Fl [...]twoods Case, S. pars Cook 7. H. [...] [...]ast leafe. before any In­dictment, their Lands seized, their goods taken, the Law allowes a Tray­tor or Fellon attained, Necessaria sibi & familiae suae invictu & vestitu, where i [...] the Covenant. Where is the Peti­tion of Right? Where is the liberty of the Subject?

First, 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, [...] Ins [...]it. a 25. a Instit. 696▪ The Law so at the Edi­tion of that booke. Hutton and Crook. we have maintained the Commission of Array, by the Kings Command, contrary to their Votes: We are warranted by the Statute of the fifth of Henry the fourth, and the judgement of Sir Edward Cooke, the [...]cle of the Law as they call him.

Thirdly, we maintained Arch [...] [Page 37]Bisho [...] and Bishops, whom they would suppresse. Our warrant is, Magna-Charta, and many Statutes more.

Fourthly, we have maintained the Booke of Common may [...]r, they suppresse it: Our warrant is five acts of Parliament in Edward the fixt, and Queene Elizabeths time, 5 Pelchae 35, Elizabeth inter placita Coronae in Ban [...] Regis, New booke of Entries, fol. 252. Penry, for publishing two scandalous Libels against the Church Govern­ment, was indicted, arraigned, attain­ted, and executed at Tyburne.

Fiftly, we maintained the Militi [...] of the Kingdome to belong to the King, they the contrary: Our war­rant is the Statute of the seventh of Edward the first, and many Statutes [...]thence, the practise of all times, and the Custome of the Real [...]e.

Sixthly, we maintained the co [...] ­ter [...]eiting of the great Seal [...] to be high Treason, and so of the usurpa­tion of the Kings forts, Do is, Shipping, Casties, and his Re­venue, and the co [...]ing of Mo­ney, against them: We have our warrant [...] by the said Statute of the twenty fifth of Edward the third, Chapter the second, and divers o­thers [Page 38]since, and the practise of all times.

Seventhly, we maintaine that the King is the onely supreme Gover­nour in all causes: They, that his Majesty is to be governed by them: Our warrant is the Statutes of the first of Queene Elizabeth, Chapter the first, and the fifth of Queene Eli­zabeth the first.

Eightly, We maintaine that the King is King by an inherent birth-right, 9 Ed. 4. fol. [...]. by nature, by Gods Law, and by the Law of the Land. 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.

Ninthly, wee maintaine that the politick capacity is not to be seve­red from the naturall. They hold the contrary: Our warrant is two Sta­tutes (viz.) exilium Hugonis in Ed­ward 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 yeers 7. fol. 11.

Tenthly, wee maintaine that who [Page 39] [...]des the King at home or abro [...]d, ought not to be molested or questio­ned for the same, they hold and pra­ctise the contrary; Our warrant is the Statute of the eleventh of Henry the seventh, Chapter the first.

Eleventhly, wee maintaine that the King hi [...]h power to disassent to any Bill agreed by the two Hon­ses: which they deny: Our war­rant is the Statute of the second of Henry the fifth, and the practice of all times, the first of King Charles, Chap­ter the seventh, the first of King James, Chapter the first.

Twelfthly, wee maintaine that Parliaments ought to be holden in a grave and peaceable manner, without tumults 3. They allowed multitudes of the meanest sort of the people to come to Westminster to cry for justice when they could not have their will, Coll. of Ord. fol. 31. and keepe guards of armed men to wait upon them: Our warrant is the Statute of the seventh of Ed­ward the second, and their Oracle.

Thirteenthly, wee maintaine that there is no State with [...]n this Kingdome but the Kings Majesty, and that to adhere to any other State within this Kingdome is high Treason: Our warrant is the Sta­tute [Page 40]of the third of King James, Chap­ter the fourth, and the twenty third of Queene Elizabeth, Chapter the first.

Fourteenthly, wee maintaine that to [...]evy a wa [...]e to remove Cou [...] ­sellours, to a [...]ter Religion, or any Land established is high Treason, They hold the contrary: Our war­rant is the resolutions of all the Jud­ges of England in Queene Eliznbeths time, and their Oracle agrees with the same.

Fifteenthly, wee maintaine that no man should be impusoned, put out of his Lands, but by due co [...]rse of Law, and that no man ought to be adjadged to death but by the Law established, the C [...]stames of the [...]me, or by Act of Pa [...]te­ment; They practise the contrary in London, Bristol, Ke [...]t, &c. Our war­rant is Magna Chanta, Chapter the twenty ninth, the P [...]ition of Right, the third of King Charles, and divers Lawes there mentioned.

Wee of the Kings party, did and do detest Monopolies, and Ship­money, and all the grievan [...]es of the people as mu [...]h as any men li­ving, wee do well know that our estates, lives and fortunes are preser­ved, [Page 41]by the Lawes, and that the King is bound by his Lawes, wee love Par­liamenss, if the Kings Judges, Coun­sell or Ministers have done amisse, 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 King [...] fault.

The Law saith the Kings can do no Wrong, 11. pars Cooks Reports Magdalen Colledge Case. that he is medicus Regni pater patriae sponsus Regni qui per annu­lum, is espoused to his Realme at his Coronation; The King is Gods Lieutenant, and is not able to do an unjust thing, these are the words of the Law.

[...] matter is pretended, that the [...] are not sure to enjoy the Acts passed this Parllament, A succee­ding Parliament may repeale them; The objection is very weake; a Parli­ament succeeding to that may repeale that repealing Parliament: That [...]eare is endlesse and remedilesse, for it is the essence of Parliaments being compleat, and as they ought to be, of Head, and all the Members, to have power over Parliaments before; Par­liaments are as the times are; If a turbulent faction prevailes, the Parli­aments are wicked, as appeares by the examples recited before of extreme [Page 42]wicked Parliaments; if the times be sober and modest, prudent and not bi­assed, the Parliaments are right good, and honourable, and they are good medicines and salves; but in this Parliament excessit medicina m [...]dum.

In this cause and warre betweene the Kings Majesty, and the two Hou­ses at Westmiester, what guide had the Subjects of the Land to direct them but the Lawes▪ What meanes could they use to discerne what to fol­low, what to avoid, but the Lawes? The King declares it Treason to ad­here 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 forfeits life and estate, also renders a mans Posterity [...]ase, beggerly, and infamous) looke upon the Laws, and finde the Letter o [...] tho Law requ [...]res them to a [...] the King, as before is manifested; was ever Subject crimi­nally punisht in any age or Nation for his pursuit of what the Letter of the Law commands?

The Subjects of the Kingdome finde the distinction and interpretati­on now put upon the Lawes of Ab­stractum & Concretum, Powe [...] and Per­son, [Page 34]body politick, and naturall, per­sonall presence and virtuall, to have beene condemned by the Law; and so the Kings Party had both the Let­ter of the Law, and the interpretati­on of the Letter cleared to their judg­ments, whereby they might evident­ly perceive what side to adhere to, what satisfaction could modest peace­able and loyall men more desire?

A verbo legis in crimin [...]bus & poenis non est recedentum, hath been an ap­proved maxime of Law in all ages and times: Coll. of Or­dinances, 777. If the King be King and remaine in his Kingly Office (as they call it) then all the said Lawes are a­gainst them without colour; they say the said Lawes relate to him in his Office, they cannot say otherwise, they make Commissions and Pardons in the Kings name, and the person of the King and his body politick can­not, nor ought to be severed as hath beene before declared: 5 Eliz. cap. 1. 1 Eliz. cap. 1. And the Members of both Houses have sworne constantly in this Parlia­ment that the King to the onely su­preme Governour in all causes, e­ver all persons at this present time.

For what of verball or personall commands of the King which is ob­jected; [Page 44]we affirme few things to be subject thereto by the Law: But his Majesties Command under his Great Seale, which in this warre hath been used by the Kings Command for his Commission to [...]savie and array men, that is no personall command (which the Law in some cases disallowes) but that is such a command, so made, as all men hold their Lands by, who hold by Patents; all Corporations have their Charters which hold by Char­ters, and all Judgesa and Officers their places and callings.

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

The answer is, Sol. 7 pars The [...]a le of Westmer­lands Ca e. 1 Eliz. Dier. 165. 7 p [...]rs Cooke. the King cannot nor ought to suppresse Justice, or his Courts of Justice, nor ever did; but Courts of Justice 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 against his command under the great Seale, The case of discontinu­ance of Processe. and his Majesty is not obeyed, but the Votes of the Houses, and his Judges breaking that condition in Law, of trust and loyalty, implyed in their Patents, are no longer his Jud­ges; [Page 45]they obey and exercise their pla­ces by vertue of Writs and Processes under a counterfet Seale: The King onely can make Judges, the twenty seventh of Henry the eighth, Chapter the twenty fourth, Justices of the Peace, &c. The Kings Patent makes Judges: 28 H. 8. D [...]r 11. The chiefe Justice of the Kings Bench is made by the Kings Writ onely of all the Judges.

The Great Seale is the key of the Kingdome, Arti [...]uli su­per chartas cap. 5. 2 pars instit. 552. and meet it is that the King should have the key of his Kingdome about him; which confutes their saying that the King got the Seale away surreptitiously.

The King, Britt [...]n. sol. 23. and he only may remove his Courts from Westminster into some other place: at Yorke the Tearmes were kept for seven yeares, in Ed­ward the first's time; but for the Court of Common Pleas, the plac [...] must be certaine; for the Kings Bench and Chancery, the King by the Law may command them to attend his person alwaies if it seeme so meet unto him; but the removing of the Common Pleas must be to a place certaine, and so notified to the people.

All the Bookes of Law in all times agree, that the King may grant conu­sance [Page 46]of all Pleas at his pleasure with­in any County or Precinct to be hol­den there onely, and remove the Courts from Westminster to some other place (for the Common Pleas, 6 H. 7.9. 6 Eliz Dier. 226. the place must be certaine, and so notifi­ed to the people) and adjourne the Tearmes as he sees cause: All which the two houses have violated.

AN APOLOGY FOR THE ARMY.

THese Treasonable and insolent Quaeries make the Army the hou­ses Subjects, and not the Kings. Bracton, fol. 118. Stamford, fol. 2. None by the Lawes of this Land can in this Kingdome have an Army but his Ma­jesty.

It appeares, the Army doth now evidently perceive, that they were mis-led by the specious pretences of Salus populi, the maintenance of the Kings Honour, and of the mainte­nance of the Lawes of the Land, and Liberties of the Subject, to take up Armes against their naturall Liege Lord and Soveraigne the King: the people is the Body, the King is the Head; Mag. Chart. c. 1. & uit. All the Act concerning the King, Church, and Church­men. 25. Ed. 1. cap. 1. Was the Body safe when the Head was distressed and imprisoned? For Lawes and Liberties, have not the prevailing party in the two. Houses de­stroyed above an hundred Acts of Par­liament, and in effect Magna Charta [...], & Charta de Forresta, which are the Common lawes of the land? Doth [Page 155]Excise, the Fifth and Twentieth parts, Meal-money, and many more Burdens which this Land never heard of before, maintaine the Liberties of the people? You and that party of the two Houses, made the Army by seve­rall Declarations before Engagement, believe that you would preserve the Kings Honour and Greatness [...] the Lawes and Liberties of the people: The Army and the whole Kingdome now facta vident, see your Actions, and have no reason longer to believe your Oathes, Vowes, and Declarati­ons; and since that party in the two Houses refuse to performe any thing according to their said Oathes, Vowes, And Declarations, the Army and the Kingdome may and ought, both by your own principles, and the Lawes of the Land, to pursue the ends for which they were raised. And so your first Quare is resolved; whereby it is manifest, that specious pretences to carry on ambitious and pernitious Designes, fix not upon the Army, but upon you, and the prevailing party in both Houses. 3 par. Inst. f. 12.39. El. 1 Iac. ibi. 3, & 3. E. 6. c. 3 11. [...]. 7. c. 1.

The solution of the second Quaere.

The Army, to their eternall honour, have freed the King from imprison­ment at Holmby. It was High Treason [Page 156]to imprison his Majesty: To free his Majesty from that imprisonment was to deliver him out of Trayterous hands, which was the Armies boun­den duty by the Law of God and the Land. That party refused to suffer his Majesty to have two of his Chap­laines for the exercise of his Consci­ence, who had not taken the Covenant; free accesse was not permitted; doth the Army use his Majesty so? all men see that accesse to him is free, and such Chaplaines as his Majesty desired are now attending on his Grace: Who are the guilty persons, the Army, who in this action of delivering the King, act according to Law, or the said par­ [...]y who acted Treasonably against the Law? Who doth observe the Prote­station better, they who imprison their King, or they who free him from prison?

That this Army was raised by the Parliament, is utterly false. The Ar­my was raised by the two Houses upon the specious pretences of the Kings Honour, common safety, and the pre­servation of Lawes and Liberties; which how made good, hath beene shewed before, and all the people of the Kingdome do finde by wofull ex­perience.

The two Houses are no more a Par­liament, than a Body without a Head a Man. 14 H. 8, 3.36 H. 7, Dier 60, 4 pars Instit. p. 1, 3 12, 14.16 R. 2 c. 1 [...] 5 Eliz. c. 2, 17. Carol. The Act for the continu­ance of this Parliament. The two Houses can make no Court without the King; they are no Body Corporate without the King; they all, Head and Members, make one Corporate Body. And this is so clear a Truth, that in this Parliament, by the Act of 17. Caroli it is declared, That the Parliament shall not be dis­solved or prorogued but by Act of Parliament: but the two Houses may respectively adjourne themselves. Two Houses and a Parliament are severall things, cuncta fidem vera faciunt; all circumstances agree to prove this truth. Before the Norman conquest, and since to this day, 4 par. Instit. p. 18.4. par Instit. p. 4, 9 5 Eliz c. i, 2 the King is holden Principium, caput, & Finis, that is, the beginning, Head, and chiefe end of the Parliament, as appeareth by the Treatise of the manner of holding of Parliaments made before the Norman Conquest; by the Writ of Summons of Parliament whereby the Treaty and Parler in Parliament is to be had with the King only, by the Common Law, by the Statute-Law, by the Oath of Su­premacy taken at this, and every Par­liament, it doth manifestly appeare, that without the KING there can be no coulour of a Parliament.

How many Votes have they revo­ked in one Session, yea, and Bills? Was there ever the like done? Nay, is not the constant course of Parlia­ments violated and made nothing thereby? They are guarded by armed men, divide the publike Mony among themselves, and that party endeavours to bring in a Forraigne Power to in­vade this Land againe. If they be no Parliament, as clearly they are none without his Majesty, they have no pri­v [...]ledges, but do exercise an Arbitrary, Tyrannicall and Treasonable power over the people.

By the Law of the Land, 7 E. 4, 20, 8 E. 4, 3 9 E. 4.27 4 H 7, 18 27 H 8, 23. when Treason or Felony is committed, it is lawfull for every Subject, who sus­pects the Offendor, to apprehend him, and to secure him so that Justice may be done upon him according to the Law.

You say, the disobedience of the Army is a sad publick president, like to conjure up a spirit of universall dis­obedience. I pray object not that con­juring up to the Army, whereof you and the prevailing party in the Houses are guilty, who conjured up the spirit of universall disobedience against his Majesty, your and our onely Supreme Governour, but you, and that party in [Page 159]the two Houses, and even then when the House of Commons were taking and did take the said Oath of Suprema­cy? For the Covenant you mention, it is an Oath against the Lawes of the Land, against the petition of Right, devised in Scotland, wherein the first Article is to maintaine the Reformed Religion in the Church of Scotland: And certainly there is no Subject of the English Nation doth know what the Scottish Religion is. 2 par. Coll. of Ord. pag. 803. 3 par. Inst. fol. 165. Petition of Right, 3. Car. [...] pars. instit. 71 [...]. I beleeve the Army tooke not the Covenant. No man by the Law can give an Oath in a new case without an Act of Parlia­ment; and therefore the imposers thereof are very blameable, and guilty of the highest Crime.

The Writer of these Quaeres seems to professe the Laws; Let him declare what Act of Parliament doth justifie the tendring, giving, or taking of the said Oath: he knoweth there is none, he knoweth that all the parts of it are destructive of the Laws and Govern­ment to maintaine which the Law of Nature, and the Law of the Land hath obliged them. The Oath of the Covenant makes the Houses su­pream Governours in causes Ecclesia­stical; the Oath of Supremacy makes the King so: and yet both taken by the [Page 160]same persons, at the same time. What credit is to be given to persons who make nothing of Oathes, and contra­dict themselves? How do the Cove­nant & the Oath of Supremacy agree? How do their protestation and the Co­venant agree? How do their Declarati­ons and Oaths agree? The Lord be mercifull to this Land for these Oaths.

It is a sad thing to consider that so many Gentlemen who professe the Lawes, and so many worthy men in both Houses should be so transported as they are, knowing that the Lawes of the Land from time to time, and in all times, are contrary to all their actions, and that they yet should amuse themselves and the people with the word Parliament without the King and with the Covenant; whereas they know they are no Parliament without His Majesty: And that English men throwout the Kingdome should swear a Covenant to preserve the reformed Religion of Scotland, in Doctrine, Worship, Discipline and Govern­ment, which they do no more know than the Doctrine, Worship, Disci­pline and Government of Prester John in Aethiopia; if they consider it, they cannot but discerne that this is a high desperate and impious madnesse.

Be wise in time: Without the King and the Lawes, you will never have one hour of safety for your Persons, Wives, Children or Estates. Be good to your selves and to your posterities, apply your selves to be capable of an Act of Oblivion, and of a generall Pardon, and to be able and willing to pay the Souldiery, and to allow a rea­sonable liberty for mens consciences; and God will blesse your endeavours: and the people (to whom you are now very hatefull) will have you in better estimation.

The third Quaere is thus answered.

You resemble the Army to Jack Cade and his complices, and you cite the Act of Parliament of 31. Hen. 6. cap. 1. And that it may appear who acts the part of Jack Cade, you and that party in the two. Houses, or the Army, I think it necessary to set down the said Act in words at length as fol­loweth.

First, VVhereas the most abominable Tyrant, horrible, odious & arrant false Traytor John Cade calling and name­ing himself sometime Mortimer, some­time Capt. of Kent. which name, fame, acts and feates are to be removed out of the speech and minds of every faith­full Christian man perpetually, falsly [Page 162]and tralterously purposing, and imagi­ning the perpetuall destruction of the Kings said Person, & finall subversion of this Realm, taking upon him Royall Power, and gathering to him the Kings people in great numbers, by false subtile imagined language, and seditiously ma­king a stirring Rebellion & Insurrecti­on, under colour of Iustice, for Reforma­tion of the Lawes of the said King,, robbing, stealing and spoyling great part of his faithfull people. Our said Sove­raigne Lord the King considering the premises, with many other which were more odious to remember, by the ad­vice and consent of the Lords aforesaid & at the request of the said Commons, and by authority aforesaid, hath Or­dained and established that the said John Cade, shall be reputed, had, na­med, and declared a false Trayper to enr Soveraigne Lord the King; and that all his tyranny, acts, feats and false opinions shall be voyded, abated, nulled, destroyed, and put out of re­membrance for ever: and that all In­dictments, and all things depending thereof, had and made under to power of Tyranuy, shall be likewise void, anuulled, abated, repealed, and holden for none: and that the blood of none of them be thereof defiled nor corrup­ted, [Page 163]but by the Authority of the said Parliament clearly declared for ever: and that all Indictments in times co­ming, in like case under power of Tyranny, Rebellion and Stirring had, shall be of no Record nor effect, but void in Law; and all the petitions de­livered to the said King in his last Parliament holden at VVestm. Nov▪ 6 in the 29. of his r [...]igne, against his mind, by him not agreed, shall be taken and put in oblivion, out of remem­brance, undone, voided, a [...]ulled, and destroyed for ever, as a thing purpo­sed against God and Conscience, and against his Royall Estate and preemi­nence, and also dishonourable and un­reasonable.

Now we are to examine who hath trod in the steps of Iack Cade, you and the present prevailing party of both Houses tooke upon them, and do take all the Royall power in all things; so did Iack Cade; as appeares by the said Act; the Army do not so: They who imprison the King purpose to destroy his person (our imprisoned Kings aswaies Edward 1. Henry 6 Richard 2. fared so) Iack Cade did likewise so purpose; The said party in the two Houses made a stirring under colour of Instice for reformation of the Lawes: so did Iac Cade; The Army do not so [Page 164]but desire that the Lawes should be ob­served: lack Cade levied war against the King, The Army preserves Him: Iack Cade dyed a Declared Traitor to his Soveraign Lord the King; this army might have lived to have the glorious true Honor of being restorers of their King.

Simon Sudbury Archbishop of Can­terbury was murthered by Jack Straw William Laud Archbishop of Canter­bury was likewise murthered by that party of the two Houses, 25 Ed. 3, 4.28. Ed. 3.3: Petition of Right. for that an Ordinance hy Law cannot take away any mans life, and his life was taken away by an Ordinance of the two Houses, the army had no hand in it. Many misted by Iack Straw, percei­ving his Trayterous purposes, fell from him: and as that was lawfull, just, and honourable, so it is for this Army to adhere to their naturall King, and so endeavour to settle the King­dome again in the just Lawes and Li­berties thereof: London did then right worthily adhere to the King, and the Laws, and not to Jack Straw and his specious pretences, and it is hoped they will now so do; By this it ap­peares, that the Gentlemans Discourse touching Iack Cade, fastens altogether on his party, and cleareth the Army.

Judge Jenkin's PLEA Delivered in to the Earle of Manchester, and the Speaker of the House of COMMONS, sit­ting in the CHANCERY at WESTMINSTER.

I Have been required to appear in the Chancery the Twelfth of this instant February, before Com­missioners appointed by the two Houses for the keeping of their Great Seal, and managing the Affaires of the Chancery.

I cannot, nor ought, nor will sub­mit to this power; I am a Judge sworne to the Lawes. The Law is, First, that this Court is C [...]ram R [...]g [...] in [Page 173]Cancellaria, 4 pars inst­fol. 79 [...] E 4, fol 5 [...] E 4, f, 15 Secondly the Chancellor or Keeper of the great Seale is by de­livery of the Great Seale to him by the KING, and by taking of an Oath.

The Oath followeth in these words.

1. 42 pars in [...]. [...] 10 R 2 rot. Parlanum [...] Well and truly to serve our Sovc­raigne Lord the King, and his people in that Office.

2. To do right to all manner of people poor and rich, after the Laws and usa­ges of this Realm:

3. Truly to Counsell the King and his Coun cell to conceate and keep.

4. Not to suffer the hurt, or disheri­ting of the King, or that the rights of the Crown be decreased by any means [...] [...]farre as he may let it.

5. If he may not let it, be shall ma [...] it clearly and expresly to be knowne t [...] the King with his advice and coun [...] sell.

6. And that be shall do and purchase the Kings profit in all that he reasona­bly may as God him help, and the con­tents of Gods book.

The said Commissioners among o­thers have Imprisoned their King, Declar. 17 Ian. 1647 have declared to the Kingdome that they will make no Addresses or Ap­plications to him, nor receive any from him.

Have counterfeited a new great Seal, Articulisup. chartrs c. 5 and after destroyed the true old great Seale which belonged by the Law to the Kings custody.

These Commissioners have had no Seale delivered to them by his Maje­sty, have taken no such Oath, or full ill kept it, and for these evident rea­sons grounded upon the sundamental Lawes of this Land, these Commissi­oner, have neither Court, Scale, or Commission, and therefore I ought not against [...]he Lawes, against my knowledg, and against my conscience submit to their power.

To affir [...]e that they maintaine the Kings power and authority in re­lation to His Lawes (as they often do) and restraine only his person is strange.

They must be remembred that the House of commons this Parliament gave in charge to Mr. Solicitor upon the prosecution of the Bill of attain­der against the Earle of Strafford, M. Sol [...]tor pag. 2 [...]. to declare the Law to be, that Machina­tion [Page 175]of war against the Lawes or Kingdome, Mr. Pi [...] Pa. 16 [...] is against the King, they cannot be severed.

Mr. Pym had in charge likewise up­on the same prosecution to declare. That the King and his people are obli­ged one to another in the nearest relati­tion, he is a Father, & the child in law is called pars patris, he is the Husband of the Common wealth, they have the same interests, they are inseperable in their condition be it good or evill; he is the Head, they are the body, there is such an incorporation as cannot be dis­solved without the distruction of both. This agrees with our Lawes, 20. H. 7. fol. 7. 8. H. 7. fol. 12. 1 Ed. 5. fol. 3. 4. Ed. 4. fol. 25. 5 Ed. 4. fol. 2 [...]. and the Law of this Land: In that argument of Mr. Sollicitor, and discourse of Mr. Pim, directed by the House of Com­mons are contained the true rights, li­berties and lawes of the people dedu­ced from our Ancestors in all ages, & wherein there is no line or word but is agreeable to the Lawes, and is a neces­sary and usefull book to be perused, and followed by all; which book was published by Order of the House of Commons. If the doctrine of that book had bin followed, we had not bin so miserable as we are; neither had these great eville ensued, for the which the Land mourns.

In this Moneth of February, Collect, of Ordinances, 1 pars fol, 66 67 81 six years now past, the onely Difference be­tween his Majesty and the prevailing party in both Houses was touching the power of the Militia, which in plain English is, Power over Sea and Land: this was the sole quarrell: the King and his Progenitours have had it in al Times, the Lawes have fixed it upon them, they have used it for the Weal of the people: none of the Subjects ever had it or claimed it; the Lawes deny it them; for the time they have had it, our pressures have bin miserable.

His Majesty hath a numerous Issue, and so hath his Father: many great persons of England, and Scotland are of the Bloud Royal, and all the Kings of Christendom are of the same Bloud, so long as the Lawes last, or any of the said persons, or their Descendants be living, this people shall have neither peace nor profit; but all the confusions that are imaginable will attend them.

And therefore (at length) be good to your selves, restore our King, receive from Him an Act of Oblivion, a ge­nerall pardon, Assurance for the Ar­reares of the Souldiery, and meet satis­faction to tender consciences.

THE ANSVVER OF Iudge Ienkins, TO THE IMPVTATION Put upon him in CHANCERY.

I Have no disposition, nor ever had, to be known by any pub­lique Writing: these miserable Times, which fill many mens mouthes, and most mens eares with notorious Untruths, thereby to blast and destroy the Kings Sacred Majesty, his Lawes and Government, and to bring in a confusion; enforceth me at this time (who formerly have written nothing but for the publique) [Page 181]to let the World know how unjustly the Pamphleter of this Weeke, Licen­sed by our Reformers, hath traduced me touching a Suit commenced in their Court of Chancery against me, by one M. Ernly a Willshire Gentleman, tou­ching the Estate of one M. Thomas of Glamorganshire: the Truth whereof is as followeth.

M. Thomas, whose Father and my Grandfather were two Brothers, about seventeene yeares past made his Will, and declared by the same his Son (being then of very tender yeares) a Ward to his Majesty, and made him Executour, and my selfe during his minority, (referring to his Wardship,) to Administer his Estate personall and testamentary, and to be accountable to his Son when he came to Age: And seventeene yeares sithence the Father died.

This Estate consists in a Stocke of Sheepe, so disposed by me as the num­ber are yet continued, and for the number and condition, they were at their delivery backe, to be made as good by those persons who had the charge of them, as they were when they were received.

The rest of the Estate (for any con­siderable part) was in Mortgages of [Page 182]Land forfeited in the life of my young Cousin Thomas for many of them, & many absolutely purchased by me in his name in his life time, for the which I am not yet payd.

The Land discended, and ought upon Sir Edward Thomas, my consirs Heire at Common-Law; so that Mr. Ernley, the Plaintiffe in Chancery, hath no colour for the Land: For my young Cousin dyed without issue a­bout 17. yeares old, and could not dis­pose of the Inheritance of any Land, by a pretended Will. The stocke of Sheepe remaines, if the Plaintiffe and the Reformers have not Plundered them, for the Money it came all to the Court, it was to satisfie the King for the Marriage.

The colour the Plaintiffe hath, is this; After the death of my olde Kinsman M. Thomas, by undue means the young Genrleman was married to M. Ernleys Daughter, in a way of Ra­vishment, being both children, with­out one penny payd, or consent of Friends or Kindered, For the which a Suit of Ravishment depended a­gainst M. Erneley and others in the Court of Wards.

The young Gentleman dyed about 17. yeares of age, sithence these con­fusions [Page 183]without issue; and some houre before my young Cousins death (who dyed of a pestilent Feaver) Mr. Erne­ley pretends a Will made by him, and that he made his Wife (M. Erneleys Daughter) his Executrix: His said Wife dies soon after, & is pretended to make a Nuncapative Will, and to make her Father (M. Ernley) her Exe­cutor, and so pretends as Executor of an Executor of an Executor: which pretended Wills, he saith he hath pro­ved in the Courts of his Freinds, the Reformers.

Whether such wills were made or no, must receive an equall examinati­on, and of what validity they are, be­ing pretended to be made by children in extremis if made at all? And whe­ther an Executor of an Executor of an Executor can maintaine an account by the Law of the Land? And whe­ther (I being Executor during the Minority, viz. the Wardship) my young Cousin could make such a Will as is pretended, he being no Executor till his full age.

The age touching Wills, 37 H, 6 5, 21 E. 4, 24 the Law of this Land determins to be 21. years, and before that age at common Law an use could not be devised. For Wills touching goods and chattels, our Law [Page 184]for many ages hath left the same to the decesion of the Civill and Canon Lawes, in the Bishops Courts: That Law, (as Justinian hath it in the se­cond Bood of his Institutions, the 12. chap.) is, Impuberi non licet testari: this Pubertas begins at 14. it is Plena pu­bertas at 18 yeares of age: The que­stion is, whether this jus testandi is in pubertate plena, or pubertate inceptâ. Pigots Case, 5. part of Cookes Reports. the Doctors affirmed, that 17 years of age was a full age as to an infant Exe­cutor to dispose of Goods: this opi­nion hath been by others sithence de­nyed. Sir Edward Cook, 11 part, Inst. sect. 123. saith, He must be 10. which is the time of plena pubertas, 2. Hen. 4.12. an infant of 18. years of age may be a deisseissour. Sir Jo. Doderigge in his booke called, The Office and Duty of Executors; which they say is his, and it is a learned and laborious Treatise, fol. 347. delivers that this opinion of 17. yeares, for that ability in an infant, hath been reported other­wise. This latter opinion comes nea­rer the Common Law, and the Sta­tute Law of the Land; which Com­mon Law, and Statue Law, gives in­fants no power by Deed or Will to make any disposition of any thing, [Page 185]they have, before they be 21 yeares of of age.

It seems also more reasonable, be­cause infants at 18 yeares have by the intendment of Law, as they grow in yeares, more use of reason, to discern what is fit for them to doe and act. And for a meere stranger to sue in a Court of Conscience, who pretends by such Wills of infants (the infant Husband being ravished) against the will of the Kindred of the deceased, who dyed six yeares sithence without issue (being 17 yeares of age) and that any part of his part of his estate should go that way by a course of Equity un­lesse the Law be for Mr. Erneley, who heyd not 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 Executor of an Execueor, viz. of an infant the Executor of another in­fant, the Executor of a third person, seems very strange.

The said Licensed Historiographer of theirs, hath published the 16 of this present Moneth of February, 1647. that I out of a desire to keep the Estate have in a suite in the Court of wards, in my Cousins life time, pleaded to the Iurisdiction of that Court. It is true, I [Page 186]did so; for I conceived that the E­state would be unsafe in Mr. Ernley's hands, and I was willing to preserve it titl my young Cousin came to be of age, to dispose of it himselfe, according as I was trusted.

The Law being, 32. H. 8. c. 46.4. pars inst. fol. 201.202. that the Court of Wards had no jurisdiction over the personall estate (for then the Marriage was paid for to the King, and all due to the King ascertained.) It is true, that that was insisted upon as was just, for to preserve the Estate from Mr. Erneley, who would have made what account he pleased to my Cousin at his full age: And this is the truth of that businesse.

That I declined not the Jurisdiction of the Chancery, to keepe an Estate in my hand, appeares, by my declining long sithence the power of the House of Commons to examine me; and the Reformers have all my Estate: What would Mr. Ernley have, when they [the Reformers] have all already; or can have from me, if he had any co­lour?

J desire the good people of this City to observe what notorious Vntruths their Licensed Historigraphers publish, to delude the people: In this particular case they publish.

First, That the Suit against me, is in the behalfe of an Orphan: M. Earne­ly (who is Plaintiffe in their Court) is a Wiltshire Gentleman, at the least of 50. years of age, there is their Or­phan.

Secondly, That I made a speech to the people at the Hall door., that the questioning of me for what I had done for the KING, was illegall; and that the Iudges had no power to t [...]y me, the KING being absent; Ano­ther notorious untruth! For I protest to God, all that I said was onely this, God preserve the KING and the, Lawes.

Thirdly, it is said that comming to the Barre, I stirred not my Hat; All the Lawyers then at the Barre were un­covered; wherefore I held it a civility, to be also uncovered; and so I was, as they all know.

Fourthly, That the E. of Manchester should say, I received a great estate in money, of the Orphans estate; As there is no truth in it, so it is most untrue that the said Lord so said (as all men present can testifie.) The truth is, they care not what they do, what they say, what they swear, nor what they write; Witnes the Declaration of a prevailing party of the H. of Cōmons, of the 11 of [Page 188]this instant February▪ who contrary to the Oath of Allegiance, the Oath of Supremacy, the Protestation, their solmne League and Covenant, their Declarations to make His Majesty a glorious King, fearfull to his enemies, and beloved of his Subjects; and yet now, after 22. yeares, they would insi­nuate to the people, that this King, whom they have so much magnified, hath poysoned his own Father.

Fiftly; it is a publike notorious un­truth. ‘That the Parliament hath published a Declaration against the King, of the 11. of this instant Feb.’ whereas it is well known to be the De­claration of the prevailing party of the House of Commons only, without the Lords; and so they would make that prevailing partie only to be the Their li­censed Historiographer who pub­lished this, is called their King­doms week­ly post, from Wednesday Feb. 7 to Wednes­day the 16 of Feb. 1647 Par.liament.

Let the people of England beleeve their five sences; how it was with them seven yeares agoe, and before, during his Majesties Reign; how this King­dom abounded then with Peace, Plen­ty, and Glory, to the admiration & en­vy of other Nations; & now let them consider and judge by their Senses, sithence those men (whom nothing would satisfie, but all Power both by Sea and Land, which in truth is the [Page 189]regality & kingship, which they call the Militia) have usurped the said Power Regal, whether they have not by Impo­stures and Delusions, diffused among the people by themselves and their A­gents, brought a flourishing Kingdom to the most deplorable condition it now is in.

To the end that this Kingdome may not utterly be ruined, God incline their hearts to restore his Majesty, and for their own and their Posterities sake to receive from his Majesty an Act of Oblivion, a generall Pardon, assurance for the Arrears of the Souldierie, and meet satisfaction for tender Consci­ences.

Judge Jenkin's REMONSTRANCE TO THE LORDS and COMMONS AT WESTMINSTER

I Desire that the Lords and Com­mons of the two Houses, would be pleased to remember, and that all the good people of Eng­land do take notice of an Order of the House of Commons this Sessi­on, for publishing the Lord Cook his Bookes: which Order they may find printed in the last Leafe of the second part of his Institutes, in these words viz.

And I do further desire them that they would reade and peruse M. Solici­tour Saint-Iohn, and M. John Pym, their Bookes, published likewise this Session, Whose Titles are as followeth viz.

An Argument of Law concerning the [...]ill of Attainder of High Treason of Thomas Earle of Strafford.

At a Conference in the Committee of both houses of Parliament.

By M. Saint John his Majesties Soli­citor Generall.

Published by Order of the Commons House.

London, Printed by G. M. for Jo. Bartlet, At the Sign of the Guilt Cup neare S. Austins gate in Pauls Church yard. 1641.

And the Speech or Declaration of Iohn Pym Esquire.

After the Recapitulation or Summo­ning up of the charge of High Treason against Thomas Earle of Strafford, 12 Aprill. 1641.

Published by the order of the Commons House.

London Printed for John Bartlet, 1641.

1. Nothing is delivered for Law in my Books but what the H. of Commons have avowed to be Law in Bookes of Law published by their command this Session, and agreeable to the Bookes of Law, and Statutes of this Realme in all former Times and Ages.

2. The supposed offence charged on me is against the two Houses, and none ought to be judges and parties, by the Law of this Land, in their owne case.

3. I desire the benefit of Magna Charta, the Petition of right, & other good Lawes of this Land, which or­daine that all mens Tryals should be by the established Lawes, and not other­wise: they are the very words of the petition of Right.

An Ordinance of both Houses is no Law of the Land, 1 Part. col. of Ordinan­ces, fol: 728: 2 Pars iust fol 47, 48 157, 143 4 par instit: 23, 232, 298 4 H, 7, 18 by their own confession; and by the Bookes of the Lord Cooke, published by their Order as aforesaid, this Session in six several, places.

For Sedition▪ in my Books there is none, but such as they have authorised this Session, to be published & printed. To publish the Law is no sedition. These Positions following I doe set downe for the Law of the Land in my [Page 196]books, and they themselves have justi­fied, and avowed them as aforesaid, we agree the Law to be, and to have been in all times in all the particu­lars following, as here ensueth. 3 Part instit. pag: 12 M Sollicitor Pag. 12 3 part instit pag 9 M Pym, p. 28 3 part instit. 3 10, 12, 16 3 part instit pag 9 M Sollicitor p, 0, 10, 136 M Sollicitor pag 9 M Sollicitor pag 9 M Sollicitor pag, 23 4 pars 4 inst [...] p, 125 Iustice Hut­tons argu­ment, fol. 39, 40 4 part instit 2 part instit articul. super char­tas cap. 5

• 1. To imprison the King is high treason
• 2 To remove Councellours from the King by force is High Treason.
• 3. To alter the establisht Lawes in any part by force is High Treason.
• 4. To usurp the Royall Power is High Treason.
• 5. To alter the Religion establisht is High Treason.
• 6. To raise rumours and give out words to alienate the peoples affections from the King, is High Treason.
• 7. To sesse Souldiers upon the people of the Kingdome without their consent, is High Treason.
• 8. The execution of paper orders by Souldiers in a military way, is high Treason.
• 9 To coanterfeit the great Seale, is High Treason.
• 10. The Commission of Array is in force and none other.
• 11. None can make Judges, Justices, Sheriffes, &c. but the King; The King makes every Court.
• 12. The great Seale belongs to the Kings Custody, or to whome he shall appoint, and none other.
• 13.
  1 part. Coll. of Ordin & Cook ut [...] supra. 4 part [...] inst. 25.
  Ordinances of one or both Houses are noe lawes to binde the people.
• 14. No priviledge of Parliament, holds for Treason, Felony, or br [...]ach of the Peace, not for 20. Parliament-men forty, nor three hundred.
• 15.
  M. Solicitor pag. 8.70. M. Solicitor pag. 12.27. M. Solicitor pag. 26. M. Solicitor pag. 35.
  To subvert the fundamentall lawes is High Treason.
• 16 To levey War against the person of the King is High Treason.
• 17. To perswade Forreiners to levey war within this Kingdome is High Treason.
• 18 To impose unlawfull Taxes, to impose new Oathes, M. Pym, p. 8. is High Treason.
• 19. The King can doe no wrong.
• 20.
  M. Pym, p. [...]7.
  It is a pernitious Doctrine to teach Subjects, they may be discharged from the oath of Allegience.
  M. Pym, p. 24.
  Then what means the Doctrin of both Houses of the Votes 11 of Feb. 1647.
• 21. A necessity of a mans own making doth not excuse him.
  3. parr. inst. pag. 9
  The requiring & forcing of the Militia, brought the ne­cessity of arming upon the Houses.
• 22. ‘None can leavy war within this realme without authority from the King, for to him only it belongeth to levy war, by the common law of the land to doe otherwise is high Treason by the said Common law.’ The only quarrel was & is the Mili­tia: [Page 198]for which so much blood hath been spent,
  M. Solicitor 70.71. 4. part. inst. pag. 1.3.4. 4. pars. inst. 41.356.
  and Treasure.
• 23. No Parliament without the King, he is Principium, caput & finis.
• 24. Presentment or tryall by Jury, is the bright-right of the Subject.

There is no doubt but that many in both Houses are free from this great sin, and that most of the prevailing party, had at first no intentions to pro­ceed so farre; but the madnesse of the People (who are very vnstable, and so they will find them) and the successe of their Armies (having this great rich City to supply them, with all accomo­dations) have so elated them, that the evil is come to this height.

For my selfe, to put me to death in this cause, is the greatest honour I can possibly receive in this World: Dulce & decorum est mori pro partia. And for a Lawyer and a Judge of the Law, to die, dum sanctis patria legibus obsequi­tur, for obedience to the Lawes; will be deemed by the good men of this Time a sweet smelling sacri­fice; and by this and future Times, that I dyed full of yeares, and had an honest and an honourable end; And posterity will take knowledge of these Men who put some to death for sub­verting of the Lawes, and others for supporting of them, &c.

Yet mercy is above all the [...]orkes of God. Bracton l, c. 9, p, 107 4 pars inst 342, 343 Stanford 99 The King is Gods V [...]car [...]on earth. In Bracton, who was a Judge in Henry 3. time, you shall [...]nd the Kings oath; To shew mercy is part of it: You are all his children; say, and doe what you will, you are all his Subjects, and He is your King and parent. Pro magno peccato paululum supplicii sa­tis est patri; and therefore let not the prevailing party be obdurate, out of a desperation of safety: That which is past is not revocable; Take to your thoughts your parents, your wives, your children, your friends, your fortunes, your countrey; wherein Forreigners write there is Mira aeris suavitas & rerum omnium abundantia. Invite not them hither, the only way to be free of their company will be▪ To restore his Majesty, and receive from Him an Act of Oblivion; a generall pardon, Assu­rance for the Arreares of the Souldiery and meet satisfaction to tender consci­ences.

God preserve the King and the Lawes.