AND is this the reward of the Alchimists Cost and study? And must it needs be the Philosopher Stone? such sparkles will sooner make a brasen face then a Golden▪Age; I will make good what I say. Make way in the Court there; Let Britanicus come in: David is no Iudge herre, But a Prisoner at the Barre. Come David, ap Ienkin, ap Iudge, ap Malignant, ap Prisoner, hold up thy hand: Thou art In­dicted for high Treason, for adhearing to the forces raised against the Parliament; what canst thou say for thy selfe? art thou guilty or not Guilty?

And why not indure a Triall? Look to him Jaylor: But what are the reasons that Mr. Ienkins will not submit, let us examine them, least others be seduced to follow this evill example of ca­sting a way themselves.

1. He saith, That the houses have not power, because the house of Commons declared the King at this time not to be in a condi­tion to governe, from whom they should have a vertue to govern. But (under favour) let me tell him, that where ever the Kings Person is, or in what condition soever, yet the Royall Power is in the Parliament; 1. Radically, and Vertually, as in the first subject (they being the representative bodie of the whole King­dome) 2. Collativè vel Communicativè, by way of free do­nation. 3. Limitatè The Power being so conferred upon the King, that salus populi, the safety of the people be preserved; Iudges 9. 6. 1 Sam. 11. 15. 2 Kings 10. 5. 1 Chron, 12. 38. Bar­claius l. 3. Cont. Monarchomach l. &c. 3. Lavater Serrarius, Cor­nelius a lapide.

2. That to declare the King not to be in a condition to go­verne is Contrary to the oath which the Members take, That his Majesty is the only and supreame Governour over all persons in all Causes.

The oath taken by the Members acknowledgeth a politique power in the King [governing according to his Oath at the Co­ronation] for the safety of the people: But not giving away that naturall power, which is retained in the Parliament, which they are bound to conserve. The Parliament are as essentiall Judges as the King; They have more then the King, which is, the Regall power by which they are called together, The represen­tative power by which they are chosen, and their owne power as parts and speciall Members of the people, which power re­maines with them in what condition soever the King is. Barcla­jus [Page 3] Lex Rex pag. 60. Althusius polit. c. 1. n. 13. Marius Salomo­nius de princ. c. 2.

3. Mr. Ienkins saith that this said Oath, and the said Decla­ration [viz. To the Scots Papers Nov. 28. pag. 8.] are both in the present Tence sworne, and declared, at one and the same time; But truly he hath been a very weak Lawyer to be Judge so long as he hath been, if he cannot distinguish a King betwixt jus Per­sonae, and jus Coronae, the power of the person, and the power of the Crowne, and Royall O [...]ce. For, to sweare an acknowledge­ment, That the King by the power of his Crowne and Royall Office which is virtually, both in the Parliament, and in all other his inferior Courts] is the only and supreame Governour present there over all Persons in all Causes; and to declare that the Person of the King is not in a capacity to Governe, when the man that is the King is so, is no contradiction at all, nor any lesso­ning of the Authority of the Parliament, but a manifestation of that just Power by which they Act: As a Woman that shall o­bey the Kings officiall power, in giving faith to her Husband [ac­cording to the Lawes of the Land] to give her body only to him, and yet shall oppose the Man that is a King, in case he shall offer to Ravish her: The like also in case the King be a Child, and desire things unmeet, or a mad man and seek to kill himselfe, or his subjects. Arnisaeus 16. Laertius 3. in Plato. Covarruvias Pract. quest. c. 1. Vasquez. Illustr. quest. l. 1. c. 4. nu. [...]. [...]2. Lex Rex fol. 267. Acts 4. 19. Acts 5. 29 Chrysostom on Rom. 13.

4. He sayes that the two Houses are the only supreame Go­vernours in default of the King, for that he hath left his great Councell, and yet would blame them for not suffering him to come upon his desire, as if this were Contrary to their Oath. This Iudge is a Reverend Machivilian. But to answer him, In this (I say) they do nothing against the royal Office of the King; Whilst both Houses restrain the Kings private will, as a Man, they act [Page 4] for him as a King and obey his publique Legall will, de jure▪ And whilest he is absent from his Parliament as a man, he is le­gally and in his Law-power present, and so the Parliament have his Supream power as Legally as if he were personally there with them, And they are preparing Propositions (which are al­most ready) for the safety of the people, to be made Acts by him. Mr. Knox Hist. of Scotland l. 2. page. 141. Winzetus ve­litat. adver. Grotius. de jure belli & pacis. l. 1. c. 4. n. 7 Bar­clay adver. Monarchom l. 3. c. 8.

5. He sayes that the Parliament have used the Kegis name only, but have not his Government. But by his leave they act by his power, (as is shewed already) But Illud tantum possumus, quod jure possumus. And therefore as power to govern justly is irrevocably committed by the 3. Estates (who made the King) to the King, so is that same power committed by the Sheriffes Cityes and Corporations to their Members, to decree in Par­liament what is just and good irrevocably; And if we regard the derived and executative power in Parliamentary Acts, they make a totall and compleate Soveraign-power, Althusius Politic. c. 25. n. 9. Lex: Rex. pag 377. H [...]licarnass: l. 4. Antiq. Rom. An­gelo. Pol. l. 3. c. 3 Barclaius contra Monarch l. 4. c. 10. p. 268.

6. He would make the world beleive that the Royall Power is not vertually in the Houses because they send the Propositi­ons to be signed by the King. They desire the King to signe them ex decentia, of decency and conveniency for his place, (as a City doth supplicate a Lord Major. But they supplicate not ex debito, of obligation as beggars seek almes: then should they be ci­phers, They send them to the King because he is obliged by his o­ffice to passe such Acts as they shall present to him, which he is bound to passe, by an act of Royall debt psal: 72▪ 13. Lex Rex. pag. 210 Cornelius Bertramon c. 12. Iunius Brutus vindic. con­tra Tyran. S 2. Author. Libelli de jure magistrat. in subd. q. 6. [Page 5] Althus. Politic. c. 18. Buchanan de jure Regis apud Scotos,

7. He saith that to affirme that the Kings power is separable from his person is High-Treason. And give some Examples of the Spencers and others, which are quite from our case and very much different; We exclude not the person of the King yet wee distinguish (with leave of the Judge) betwixt the persons in li­nea Physica (we must take phisica largely heere,) and in linea morali, obedience, fear, tribute honour is due to the person of the King & to the man who is the King, not because of his person, or because he is a man (Mr. Ienkins may know in what motion, wee take the named person) but because God by the peoples election, hath exalted him to a Royall Dignity, and for this cause ill do­ers are to subject their Throates and Necks to the sword of the Kings Executioner, or Hang-man: But if a King seeke to de­stroy his Subjects contrary to the Law of God, and the Lawes of the Kingdome, whom [by his Oath he is bound to preserve] in such a case there is the Royall power in the Parliament; to pre­serve the people and bring those delinquents to tryall which put him upon such dangers. Acts 4. 19. Rom. 13. 1. Grot. de jure bel­li, & pacis, l. 1. c. 4. n 7. Winzetus velitat. adver. Buchanan. Barclay adv. Monarchom l. 3. c. 8.

8. He Inlargeth himselfe upon his 6. argument concerning the Kings passing of Acts But let the Judge tell me where there was ever any judiciall Act without the Parliament or that the King had ever a negative voyce in Parliament.

9 He saith, That the whole and sole power of pardoning Treasons, and Fellonies, belongs to the King; And he saith that there was never more cause to have sufficient pardons, then in such troublesome times as these. But [under favour] Though Kings may do something of grace where there is signe of grace, yet not of meere grace alone, because, what Kings doe, as Kings, and by [Page 6] vertue of their Royall office, that they do ex debito officij, by debt, and right of their office and that they can not in conscience but do, it not being arbitrary to them to doe the d [...]btfull acts of their office. But what they doe of meere grace, that they doe as mercifull men. Some Kings have given four pardons to one man for severall murders though no shew of Repentance, of grace in the malefactor. But did not the blood of the three lastly up­on that Kings Conscience, to dispute with blood, Numb. 35. 31. Gen 9. 6: Rom 13: 4, Prov 17. 15. Deut: i. 17. 2 Chron 19. 6. Illud potest Rex, & illud tantum quod jure potest Lex Rex: The words are thus: From this it is that deluded councellors made King Iames [a man not of shallow understanding] and King Charles to give pardons to such bloody murderers, as Iame [...] a Grant. And the pardoning of the condem'nd popish priests at New-gate was much contested about by the Parliement. To what effect was the Arch-Bishop of Ca [...]terburyes Pardon?

10, Lastly he layes down An Argument, such a one, as is more positively for the Authority of the Parliament, then all that e­ver he said before had any shew of lessoning their power Queene Elizabeth [saith he] summoned her first Parliament, to be held the 23: of Ian. in the first yeare of her Majesties Reign. The Lords and Comusons, Assembled the 25 of the same Month of I [...]n [and did not sit before, what ever he pretendes. The Acts of that Parliament beare date Ian: 25 that day they sate; not when they were summoned, and being so concluded by the two houses the queene sent to the Reverend Iudges for their opinions; And it was resolved by all the Iudges of England, that the parliament began not the 23 of Ianuary but Ian: the 25 [notwithstanding her Majesties former summons.] As appears 3: Elizab: Dier: 203: The Iudge you see argues very finely doth he not indeed the man [very likely] begins to dote in his old Age.

And this we well know, that all Acts of Parliament, beare da [...]e [Page 7] [not from the time of the Coronation of the present King in whose Raigne they are made, but] from the time of each Parlia­ments first sitting.

See how he concludes, He saith thus.

Vpon this Conclusion I shall lay downe a few Queries which I observ'd in the reading thereof.

1. What Judge Ienkins meanes by Holy Lawes, for he doth not say the Lawes of the Land but the Holy Lawes, nor can he so properly call the Scripture the Lawes of England, for those are the Lawes of the whole Christian world, whether therefore he meanes not the holy Canon Lawes of the Bishops [for so those are called by the Cavaliers,] or perhaps the Lawes of Rome gi­ven to be observed by the Papists in England, for whom he hath done eminent service.

2. What he meanes by dying in Honour, whether he expects to be Canonized at Rome for his good service?

3 Whether his opinion for an Act of oblivion, be not directly contrary to what he layd downe in his ninth Argument?

4. Whether all that which followes concerning Souldiers Ar­rears, tender consciences, and the rest be not published by him, purpoesly to foment divisions amongst us, and raise and increase differences?