THE WORKS OF THAT GRAVE and LEARNED LAWYER judge jenkin's, Prisoner in Newgate. UPON Divers STATUTES, Concerning, the Liberty, and Freedom of the Subject. With a perfect Table thereto annexed.  
Plebs sine Lege ruit.  
LONDON, Printed for J. Gyles, and are sold at his shop at Furnivals-inn. MDCXLVIII.   


Here JENKINS stands, who thundering from the TOWER Shook the bold senate's Legislative Power; Six of whose words twelve Reams of votes exceed As mountains moved by grains of mustardseed Thus gasping Laws were rescued from the Snare, He that will save a Crown must know and dare Sold by I. Giles at Furnivals-Inn-gaw. J. Berkenhead    

The Contents.  

The Law of the Land.  
The King.  
Treason.  
A Parliament.  
The present Parliament.  
Certain Erroneus Positions and Proceed of both Houses of Parliament.  
The like of the House of Commons.  
The Propositions of the Parliament of both Kingdoms sent to Newcastle.  
The King's Party.  
The Parliaments Party are Delinquents.  
The Army serving the two Houses.  
The Army Rescuing the King.  
The Liberty of the Subject.  
Messellan●a.   

The Law of the Land.  
THE Law of the Land hath for its ground;  
1. Custom.  
2. Judicial Records.  
3. Acts of Parliament.  
The two latter being Declarations of the Common Law, and custom of the Realm. pag. 5.21.23.  
The Law of Royal Government is a Law Fundamental. p. 5.  
The King's Prerogative, and the Subjects Liberty, are determined and bounded by the Law, p. 131.  
The King claims no power but by the law of the land. p. 131.  
The Law the only Rule and Direction of the Subject in this present War. pag. 42 131.  
Vbi Lex non distinguit, ●bi non est distinguendum. p. 132.   

The King.  
THE King of England hath his Title to the Crown, and to his Kingly Office and Power, not by way of trust, from the two Houses of Parliament, or from the people, but by inherent Birthright from God, Nature, and the Law. p. 24, 25. 38. 52, 53, 54, 56. 57  
There was never King Deposed, but in tumultuous and mad times, and by the power of the Armies, and they who were to be the succeeding Kings in the head of them, as Ed: 3. and Hen. 4. p. 54.  
Usurpers were Kings the fact●, not the jure. p. 54.  
The King is assisted by the advice of the Judges, his Counsel at Law, Solicitor, Attorney, Masters of Chancery, and counsel of State, hence the Law hath settled several Powers in the King▪ p. 27.28.  
The Kings of England enjoyed that Power in a full measure till King john's time. p: 6 7, 8.  
How Rights of Sovereignty continued in practice from Hen. 3. till 1640, p. 6.  
The King's Power not separable from his Person. p. 70, 71.  
The Body Natural and Politic in the King make but one body. p. 2.38.71.  
Every Subject swears homage to the King. p. 8.  
The Law gives reverence to the Person of the King. p. 10.  
Fowl mouthed Pamphlets against the King condemned, p. 21.  
The Supreme Power is in the King▪ p. 7.13.14.16.57, 58.  
The Oath of Supremacy in relation to the Parliament. p. 67.133.  
The King Supreme in Ecclesiastical causes. p. 10.  
The King the only Supreme Governor, and all other persons have their power from him, by his Writ, Patent, or Commission▪ p. 20, 21, 22.36, 37. & 64, 65.  
The power of the Militia is in the King. p. 8.37.  
In the time of Parliament. p. 8.  
The Commission of Array in force. p. 13.36.  
The Power of making League with Foreigners is in the King. p. 8.15.17.  
The power of War in the King p. 20.21.  
The power of making Officers in the King. p. 8.  
The King only hath power to make Justices of Peace, and of Assize. p. 45. 100.12●.  
The power of coynadge in the King▪ p. 8.  
The power of pardoning only in the King by Law p. 8.66.74.78.84.128.130.  
The King hath power to remove the courts at Westminster. p. 45.  
The King can do no wrong, but his Judges, Counsellors, and Ministers may. p. 37.41.  
So long as men manage the Laws they will be broken more, or less. p. 29.   

Treason.  
IN the Reign of Ed. 2. the Spencers, the Father and the Son to cover their Treason hatched in their hearts, invented this damnable and damned opinion, that Homage, and Oath of Allegiance, was more by reason of the King's Crown (that is his Politic Capacity) than by reason of his person; upon which opinion they inferred three execrable and detestable Consequences.  
First, if the King do not demean himself, by reason, in the right of his Crown, his lieges are bound by Oath to remove the King.  
Secondly, seeing the King could not be reform by suit of Law, that aught to be done per asperte, that is by force.  
Thirdly, his lieges be bound to Govern in aid of him, and in default of him. p. 9.70.  
Several Treasons by the Statute, 25. 8ds. 3. p. 12, 13, 14, 15, 16, 76.  
The word King in the 25. Edw. 3. must be understood of the King's natural Person p. 12, 13, 77.  
Other Treasons not specified in that Act, are declared to be no Treasons, until the King and his Parliament shall declare otherwise. p. 77.101.  
To seize the King's Forts, Ports, Magazine of War, is High Treason. p. 11. 22● 37.77.  
To remove Counselors by Arms, is high Treason. p. 22.40.  
To leavie War to alter Religion, is high Treason, p. 40.  
To leavie war to alter the Law, is high Treason. p. 11.40.77.  
To counterfeit the great Seal, is high Treason. p. 37.  
To adhere to any State within the Kingdom, but the King's Majesty, is high Treason. 24.39.  
To imprison the King until he agree to certain demands, is high Treason, p. 1●. 22.77.  
They who imprison the King purpose to destroy him, p. 163.  
Deposers of the King adjudged Traitors by the Law of the Land, p. 54.  
A Body Corporate cannot commit Treason, but the persons can. p. 16.  
Noble men committing Treason, forfeit their Office and Dignity▪ p. 143.  
Treason how punished by the Law p. 42.  
Treason doth ever produce fatal destruction to the Offender, and never attains to the desired end: and there are two incidents inseparable thereunto. p. 135.   

A Parliament.  
THe word Parliament cometh from the French word Parlour, to Treat. p. 81.  
The King is Principium, Caput, & Finis, Parl. p▪ 26.48.122.  
The King assembles the Parliament by his Writ, Adjourns, Prorogues, and dissolves the Parliament, by the Law, at his pleasure, p. 57  
The Writ whereby the King assembled the two Houses, which is called the Writ of Summons, at all times, and at this Parliament used, and which is the warrant, ground, and foundation of their meeting, is for the Lords of the House of Peers, to Consult and Treat with the King (that is the Parlour) of great Concernments, touching;  
1. The King.  
2. The defence of this Kingdom.  
3. The defence of the Church of England. p. 24.34. p. 25.81.120, 121.  
Counsel is not command, Councillors are not Commanders. p. 26.  
The Writ of summoning the Judges, Counfell of L●w, and 12▪ Masters of Chancery, is to appear, and attend the Parliament, to give Counsel p. 116.  
The Writ of summoning the Commons, is, to do, and to consent to such things, which shall happen to be ordained by Common Counsel there (viz.) in the Parliament, p. 25.26.115.  
The Parliament is a Corporation composed of the King the head, and the Lords and Commons, the Subject body. p. 5. l. 22. p. 19.20.49.50.80.122.142.145.146.  
And it hath power over our Lives, Libertyes, Laws, and Goods. p. 118.  
The Court of Parliament is only in the House of Lords, where the King sits in person, p. 116.122.144.  
The Office of the Lords, is to Counsel the King in time of Peace, and to defend him in time of War. p. 116.142.  
It belongs to the House of Lords, to reform erroneous judgements given in the King's Bench, to redress the delays of Courts of justice, to receive all Petitions, to advise his Majesty with their Counsel, to have their Votes in Voting, or abrogating of Laws, and to propose for the Common good, what they conceive meet. p. 33.  
How Errors in judgement are reversed by the House of Lords. p. 55.  
At a conference the Commons are always uncovered and stand, when the Lords sit with their hats on; which shows that they are not Colleagues in judgement with the Lords. p. 147.  
Every Member of the House of Commons takes the Oath of Allegiance and Supremacy, before his admission into the House. p. 67.133.  
Briberies, Extortions, Monopolies, aught to be enquired after by the House of Commons, and complained of to the King and Lords. p. 114.  
It belongs to the House of Commons to represent the Grievances of the Country, to grant Aids for the King, upon all fit occasions extraordinary, to assent to the making or abrogating Laws. p. 33.115, 116, 117, 118.  
Because making of new, and abrogating of old Laws, both induce Novelties: and because Bills in both Houses may pass, but by one or two voices, or very few, and perhaps of no judicious men (who oftentimes carry it by making the Major part, which involves the consent of all) therefore the Law makes the King assisted therein, by a great number of Grave, Learned, and Prudent men, the Judge of those Bills, whether they be necessary for the Public Good, or no. p. 32, 3●. 53.57.123.  
And the King, upon all Bills, hath liberty of assenting or dissenting. p. 18.28.39.111.  
And in case of the King's Minority, the Protector hath his liberty, and negative voice, in respect of the King. p. 52.  
The styles of the Acts printed from 9 Hen. 3. to 1. Hen. 7. were either, the King Ordains at his Parliament, etc. Or, the King Ordaineth by the advice of his Prelates and Barons, and at the humble petition of the Commons etc.  
In Hen. 7. time the style was altered, and hath so continued to this day. p. 24.71.  
No Act of Parliament binds the Subject, without the assent of the King. p. 71.72.  
When an Act of Parliament is against common Right, or Reason, or repugnant, or impossible to be performed, the Common Law shall control it, and adjudge it to be void. And such is an Act for a perpetual Parliament. p. 139.  
An Act of Parliament, that a man shall be judge in his own cause, is a void Act. p. 139.  
An Adjournment of the parliament makes no S●ssion. p. 137.  
There is no S●ssion, till a prorogation▪ or dissolution of the Parliament. p. 137.  
All the Acts of one S●ssion relate to the first day of the Parliament. p 138.  
The two Houses ought to take care of the preservation of the King's Person p. 18.  
The Lords and Commons cannot assent to any thing that tends to the disinherison of the King, and his Crown to which they are sworn. p. 11.  
The two Houses ought not to meddle with the King's Revenue. p. 11.  
Arms are not to be borne in London, or Westminster in time of Parliament. p. 8.39.  
The Privilege of Parliament protects no man in case of Treason or ●elony. p. 15.16 78.  
Parliaments are as the times are; if a turbulent Faction prevails, the Parliament are wicked, if the times be sober, modest, prudent, and not biased, the Parliament are right, good, honourable, and good Medicines and Salves. p. 41.42.   

The present Parliament.  
THis Parliament began 3. Novemb. 1640, and in the beginning thereof the King acquitted the Ship-Money, Knighthood-Money, seven Courts of Justice, consented to a Tri●niall parliament, settled the Forest bounds, took away the Clerk of the Market, of the Household, trusted the Houses with the Navy, passed an Act not to dissolve this Parliament without the Houses assent: No people in the world so free, if they could have been content with Laws, Oaths, and Reason, and nothing more could, nor can be devised to serve us, neither hath been in any time before. p. 3●.  
Notwithstanding all this (Jan. 10. 1641.) the King was driven away from London, by frequent Tumults, and 2. thirds, and more of the Lords had deserted that House, for the same cause, and the greater put 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 counterfeit Seal, and in the King's name, against his consent, levying War against Him, and seizing his Forts, Ports, Magazines, and Revenue, and converting them to his destruction the subversion of the Law, and Land, laying Taxes on the people never head of before in this Land, devising new Oaths to oppose the Forces raised by the King, etc. p. 35.  
From the 3 Novem. 1640. u●●o jan. 10. 164●. they had time to persecute all evil Counsellors and judges. p 17 4●.  
From that time the King was driven away, the two Houses stood in opposition to the king and his power. p. 66.  
This became no Parliament when the King with whom they should parley was driven away, and it continues so, whilst his Majestic is restrained as a prisoner p. 35.81. And the houses now severed from the King have no power at all, no more than the body hath, being severed from the head, p. 80.112.  
The 2. Houses do not now act by the King's Writ, but contrary to it. p. 121. And so their Acts are Null p. 122 141.  
The Act for continuing this parliament, so long as both Houses please, is void, because it is;  
1. Against Common right; for thereby the parliament men will not pay their debts: And they may do wrong to other men, Impune: besides the utter destruction of all men's actions, who have to do with Parliament men, by the Statute of Limitation. 21. Jacob.  
2. Against common reason, for parliaments were made to redress public Grievances, not to make them.  
3. Impossible, the Death of his Majesty (whom God long preserve, dissolving it necessarily.  
4. Repugnant to the Act for a Triennial parliament, and to the Act for holding a parliament once a year. p. 139.140.  
The end of continuing this parliament was to raise Credit for money; for three purposes: And the three ends of the Act being determined, it agreeth with Law, and Reason, the Act should end. p. 141.  
A perpetual parliament (besides that it incites men to self ends) will be a constant charge to the Kingdom, by reason of the wages of parliament men. p. 141.  
Mischiefs by the length of parliaments. p. 121.   

Certain Erroneus Positions and Proceed of both Houses of Parliament discovered and confuted.  
THe two Houses without the King are not the Parliament, but only parts thereof: and by the abuse, and misunderstanding of this word Parliament, they have miserably deceived the people. p. 80.156  
The King is not virtually in the two Houses. p. 12.13.20.21.  
The two Houses are not above the King, but the King is Superior to them. p. 11.19.23, 24.133.  
The tenants of the Spencers, are the ground of their proceed. p. 10.22. And upon their pretences, they take upon them the Government at this time.  
They have destroyed above a 100 Acts of parliament (even all concerning the King, the Church, and Church men) and in effect Magna Charta, and Charta de Forresta, which are the Common Laws of the Land. p. 154.  
They have fifteen several illegal ways raised Money upon the Subject this present parliament, p. 35.  
There is no Crime from Treason to Trespass, but they are guilty of. p. 142.  
They are not to be Judges in their own cause. p. 15.  
Of their League and Covenant with the Scots. p. 158.160.  
The two Houses by the Law of this Land, have no colour of power, to make Delinquents or pardon Delinquents, the King contradicting. p. 119.131.   

Certain Erroneous Positions and Proceed of the House of Commons discovered and confuted.  
THey cannot be Members of the House of Commons, who were not recident in the Counties, or Burroughs, for which they were elected, at the time of the Teste of the Writ of Summons of parliament. p. 149.  
If any undue Return be made, the person Returned, is to continue a Member, and the trial of the Falcity of the Return, is to be before the Justice of Assize, in the proper County, this condemns the Committee for undue Elections. p. 148.  
The House of Commons cannot Elect, and Return Members of that House, p. 144.  
The ejecting of a Member that hath sitten, is against Law, also their new elections are against Law: And by this it may be judged, what a House of Commons we have. p. 148.  
Breaches of privileges of parliament may be punished in other Courts. p. 149. And what need then of the Committee for privileges.  
The house of Commons by their Writ have no separate power given them over the King's people, p. 144.  
The house of Commons cannot imprison any who are not their Members, or Disturbers of their Members in the service of the parliament, p. 143, 144, 145.  
The House of Commons no Court, p. 115, 116.144, 145, 146, etc.   

The Propositions sent by the Parliaments of both Kingdoms to His Majesty at Newcastle, pag. 6.  
General Reasons against those propositions. p. 11.15.128.  
Reasons in particular against those propositions.  
For disabling the King to pardon. p. 13.  
For altering Religion in point of Government. 37.61.63.  
For sale of the Bishop's Lands, p. 36.  
For taking away the Book of Common-prayer, p. 37.  
For taking from his Majesty all, the power by Land and Sea. p. 37.  
For laying upon the people what Taxes they shall think meet. p. 128.  
Besides in their propositions they do not style themselves His Majesty's Subjects, p. 128.   

The King's Party. pag. 36, 37 38.  
THe Subjects are commanded by Law to Assist the King in War. 36.  
Those who adhere to the King are freed by the Statute of the 11th. Hen. 7. p. 39.78.97.  
Master Prins objections against the King, and his party answered, p. 47. etc.   

The Parliaments Party are Delinquents.  
A Delinquent is he who adheres to the king's enemies: this shows who are Delinquents. p. 7.   

The Army serving the Parliament.  
THe sum of the Ordinance for the Indemnity of the Army, p. 79.  
It can no more free the Soldiers than repeal all the Laws of the Land. p. 78.  
The Judges are sworn to do Justice, according to the Laws of the Land. p. 79.  
An Act of Oblivion, and a General Pardon, the only means to indemnify the Army and the whole kingdom. p. 84. And the conclusion of all the other books.   

The Army Rescuing the King.  
TO deliver the King out of Traitorous hands is our bounden duty by the Law of God and the Land. p. 155.  
By the Law of the Land, when Treason, or Felony is committed, it is lawful for every subject, who suspects the Offender, to apprehend him, so that Justice may be done upon him, according to Law p. 157.  
As the Army hath power, so adhering to the King, all the Laws of God, Nature, and man are for them. p. 166.  
None by the Law of the Land, can in this kingdom have an Army but the King. p. 153.   

The Liberty of the Subject.  
Our Liberties were allowed in the 17th. of King John; and confirmed in the 9th. of Hen. 3. and are called Mâgna Charta, and Charta de Forresta. p. 6.117.130.  
Magna Charta is irrepealable. p. 62.  
Several Bills for our Liberties passed at the beginning of this Parliament. p. 34. And how secured.  
The Liberty of the Subject violated by the two Houses of Parliament. 140▪   

Miscellanea.  
THe Lord Cooks Institutes published by the Order of the House of Commons. p. 77.  
Of the Bill passed this parliament for taking away the Bishop's Votes in Parliament. p. 31.  
Against that saying, that the King got away the Great Seal surreptitiously from the Parliament. p. 45.  
Of Jack Cade. p. 160.  
Treasons, Murders, Felonies, and Capital Crimes to be tried by juries, and not otherwise, but by Act of parliament. p. 102.  
The Chancellors or Keeper's Oath. 174.  
The present Commissioners have no Court, Seal, nor commission, 175.  
The King, the Laws and kingdom cannot be severed.  
The only quarrel was for the Militia, which the Laws have ever settled upon the King. 177.  
No peace can possibly be had without the King, ibid.  
No man can devise lands till he be 21 years of age, 1. 84.  
An Infant of 17 years may dispose of goods by will by the opinion of some, but by others not till 18. 181.  
The Court of Wards had no jurisdiction over the personal estate. 185.  
Peace and plenty abounded during his Majesty's Government. 187.  
Since the two Houses have usurped the power the kingdom hath been in a sad condition, 19  
Nothing delivered in this book for Law but what the house of commons have avowed for Law this Session. 194.  
The 24 positions of Law set out in divers books by the House of commons order. p. 196.  
It is honourable to die for the Laws, 202.  
Good counsel for them, if it be taken in time, 203.  
That which will save this Land from destruction, is an Act of Oblivion, and his Majesty's Gracious General pardon, the Soldiers their Arrears, and every man his own, and truth and peace established in this Land, and favourable regard had to the satisfaction of tender Consciences.   
God save the King.   

To the Honourable Societies of Gray's Inn, and of the rest of the Inns of Court, and to all the Professors of the LAW.  
I Have now spent Forty five years in the Study of the Laws of this Land, being my Profession, under, and by the conduct of which Laws this Commonwealth hath flourished for some ages passed in great splendour and happiness (jam seges est ubi Troja fuit.) The great and full body of this Kingdom hath of late years fallen into an extreme sickness; it is truly said that the cause of the disease being known, the disease is easily cured. There is none of you I hope, but doth hearty wish the recovery of our common parent, our native country (Moribus antiquis stat res Britannica.) I call God to witness that this discourse of mine hath no other end then my wishes of the common good: how fare I have been from Ambition my life past, and your own knowledge of me, can abundantly inform you: and many of you well know, that I ever detested the Ship-money and Monopolies, and that in the beginning of this Parliament, for opposing the excesses of one of the Bishops, I lay under three Excommunications, & the Examination of seventy seven Artioles in the high Commission Court. His sacred Majesty, (God is my witness) made me a Judge in the parts of Wales against my will, and all the means I was able to make; and a patent formy place was sent me, for the which I have not paid one farthing, and the place is of so inconsiderable a benefit that it is worth but 80. l. per Annum when paid, and it cost me every year I served twice as much out of my own estate in the way of an ordinary and frugal expense. That which gave me comfort was, that I knew well that his Majesty was a just and a prudent Prince.  
In the time of the Atturneyships of Mastor Noy and the Lord Banks, they were pleased to make often use of me, and many referrences concerning suits at Court upon that occasion came to my knowledge; and as I shall answer to God upon my last account this is truth, that all or most of the referrences which I have seen in that kind (and I have seen many) were to this effect, that his Majesty would be informed by his Council if the suits preferred were agreeable to the Laws, and not inconvenient to his people, before he would pass them, (what could a just and pious Prince do more?) Gentlemen: you shall find the cause and the Cure of the present great distemper in this discourse, and God prosper it in your hands, thoughts, and words, as the case deserves.  
Hold to the Laws, this great body recovers: forsake them, it will certainly perish. I have resolved to tender myself a Sacrifice for them as cheerfully, and I hope (by God's assistance) as constantly as old Eleazar did for the holy Laws of his Nation.  
Your Wellwisher David Jenkins. Now Prisoner in the Tower.   

LEX TERRAE.  
THe Law of this Land hath three grounds: First, Custom. Secondly, judicial Records, Thirdly, Acts of Parliament. The two latter are but declarations of the Coumon-Law and Custo●e of the Realm, touching Royal Government. And this Law of Royal Government is a ●aw Fundamental.  
The Government of this Kingdom by a Royal Sovereign, 
The King's Prerogative is a principal 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 memorial of any time; what power this Sovereignty always had, and used in war and peace in this Land, is the scope of this discourse; That Usage so practised makes therein a Fundamental Law, and the Common Law of the Land is common Usage, Pl●wdens Commentaries 195. For the first of our Kings since the Norman Conquest, the first William, second William, Henry the first, Stephen, Henry the second, and Richard the first, the Customs of the Realm touching Royal Government, were never questioned: The said Kings enjoyed them in a full measure. In King john's time the Nobles and Commons of the Realm conceiving that the ancient Customs and Rights were violated, and thereupon pressing the said King to allow them in the seventeenth of King john, the said Liberties, were by King john allowed, and by his Son Henry the third, after in the ni●th year of his Reign confirmed, and are called Magna Charta, and Charta de Foresta, declared four hundred twenty two years s●hence by the said Charters.  
Now ●ests to be considered, after the Subjects had obtained their Rights and Liberties, which were no other than their ancient Customs (and the fundamental Rights of the King as Sovereign are no other.) How the Rights of Sovereignty continued in practice from Henry the thirds time until this present Parliament of the third of November, 1640. for before Henry the thirds time, the Sovereignty 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 King's Enemies, Com. Sur. Litil. 261. This shows 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 shows 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 shows where the supreme power is.  
Treasons, Felonies, and other Pleas of the Crown, are propria causa Regis: This shows the same power.  
By these passages it doth appear what the Custom was for the power of Sovereignty before that time, the power of the Militia, of coining of Money, of making Leagues with foreign Princes, the power of pardoning, of making of Officers, etc. 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 form of the Oath, 
Edward 1.  inter vetera statuta is set down; 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 Realm, that it belongeth to the King and his Royal signory, 
● Ed. 1. Strasu●e at large, fol. 42.  straight to defend force of Armour, and all other force against the King's peace, at all times when it shall please him, and to punish them that shall do contrary according to the Law and Usage of the Realm, and hereunto they are bound to aid their Sovereign Lord, at all seasons when need shall be. Here the supreme power▪ in the time of Parliament, by both Houses is declared to belong to the King.  
At the beginning of every Parliament, all Arms are, 
7. Ed. 2.4. pars instit. 14.  or aught to be forbidden to be borne in London, Westminster, or the Suburbs. This condemns the multitudes coming to Westminster, and the Guards of armed men.  
All who held by Knight's 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 King's times, but at this Parliament 3. November, 1640. The King out of his grace, discharged this duty, which proves that the power of war and preparation thereto, belongs not to the two Houses but only to the King.  
The two Spencers in Edw. 2. 
Edw. 3. Calvin's 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 King's politic capacity then of his person, upon which they inferred these execrable and detestable consequences. First, if the King demeaned not himself by reason in the right of his Crown, his Liege's are bound by Oath to remove him. Secondly, seeing the King could not be removed by suit of Law it was to be done by force. Thirdly, that his Liege's be bound to govern 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 book called vetera Statuta. The separation of the King's person from his power, is the principal 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. come, 322. ●y ass. pl. 49  for the presence of the King is a protection for that time to him: This shows what reverence the Law gives to the person of a King.  
Regis, 
33 Ed. 3. side 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 shows the King's power in Ecclesiastical 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 Patrimony. 
3 Ed. 3.19   
The King hath no Peer 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 King's Laws and prerogative. 4 part instit● fol. 25. This shows clearly the Propositions sent to Newcastle, ought not to have been presented to his Majesty, For that they are contrary to the Laws 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 Crown, 
4 Part, Cook in●●it. fol. 14. 42. E. 3.  to which they are sworn: This condemns the said Propositions likewise.  
To depose the King, 
Parliament Rol. num. 7. Rex & 〈◊〉 suetud● Par●amenti.  to imprison him until he assent to certain dedemands, a war to alter the Religion established by Law, or any other Law, or to remove Councillors, 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 aid the King when war is levied against him in his Realm. 
25 Ed. 3. cap. 2.  King in his Statute must be intended in his natural body and person that only can die; for to compass his death, and declare it by overt Act is declared thereby treason; to encounter in fight such as come to aid the King in his wars, is treason.  
Compassing of the Queen's death, of the King's Eldest Son, to coin his money, to counterfeit his Great-Seale, to levy War against him, to adhere to such as shall so do, are declared by that Act to be high treason. This Statute cannot refer to the King in his politic capacity, but to his natural, which is inseparable from the politic; for a body politic can have neither Wife, 
〈◊〉. 13.  nor Child, nor levy War, nor do any Act but by the operation of the natural body: A Corporation or body politic hath no soul or life, but is a fiction of the Law, and the Statute meant not ●●ctitious persons, but the body natural, conjoned with the politic, which are inseparable.  
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 unreasonable, without example; and against the Law and custom of the Parliament. This condemns 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 Town: Note that that Law is against private persons, and by the 3. cap. thereof, the treasons there declared are declared, to be new treasons made by that Act, and not to be drawn 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 Crown of England, is immediately subject to God and to none other. Plain words, showing where the supreme 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 jacobi, and so it is of force at this day, for the repealing Statute is repealed 4. pars institue, fol. 51. & 125▪ published fithence this Parliament, by the desire of the house of Commons, their Order is printed in the last leaf of the commentaries upon Magna Charta.  
Sir Edward Cook, 
A book allowed 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 calm 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 men's estates Arbitrary: the answer is, that in levying of public aids upon men's goods and estates, which are variable, and probably cannot be certainly known by any but the owners, it is impossible to avoid discretion in the assessments, for so it ever was, and ever will be. By this appears 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 refer to the politic capacity it would continue after his death, 
2 H. 5 ● par● instit, ●6.  4 pars Justiniano. 46, which proves that the King cannot be said to be there wh●● he is absent, as now he is▪ there is no inter regnum in the Kingdom the dissolution of the Parliament by hi● death, shows that the beginning and end thereof refers to the natural person of the King, and therefore he may lawfully refuse the Propositions.  
2. H. 5 Chap. 6. to the King only it belongs to make Leagues with Foreign Princes? this shows where the supreme power is, and to whom the Militia belongs.  
8. H. 6. numb. 57 Rot. Parl. Cooks 4 pars instit. 25. 
H. 6.  No privilege 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 aid the King, and the King hath an inheritance to hold Parliaments, and in the aids 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 Regal rights, 
32 H. 6.13. Ploughed. 334.  this shows where the supreme power is.  
17. Ed. 4. Rot. Parl. numb. 39 
Ed. 4.  No privilege of Parliament is grantable for treason, felony, or breach of the peace, if not for one, not for two, or more, or a major part.  
The same persons must not be Judge and party. 
Calvin's 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 natural person of him who to some purposes is a body corporate, but quatenus corporate no treason can be committed by or against such a body; that body hath no soul, no life, and subsists only by the fiction of the Law, and for that reason the Law doth conclude as aforesaid; 
Blow. come. 213.  therefore the Statue of 25. E. 3. must be intended of the King's natural person, conjoined with the politic which are inseparable, and the King's natural person being at Holmby, his politic is there also, and not at Westminster; for the politic and natural make one body indivisible.  
If all the people of England should break the league made with a foreign Prince, 
19 Ed. 4.46. 22 Rd. 4. Fitz. jurisdiction ●●st plaeite.  without the King's consent, the league holds & is not broken, and therefore the representative body is inferior to his Majesties.  
The King may erect a Court of Common pleas in what part of the Kingdom 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 Sergeants 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 Subject's persons, goods, Lands or liberties, but must be according to established Laws, which the Judges are sworn to observe and deliver between the King and his people impartially to rich and poor, high and low; 
2 Pars. instit. 158.  and therefore the Justices and the Ministers of Justice are to be questioned and punished if the Laws be violated: and no reflection to be made on the King. All Counsellors and Judges for a year and three months until the tumults began this Parliament: were all left to the ordinary cause of Justice, what hath been done since is notorious.  
For great Causes and considerations an Act of Parliament was made for the surety of the said King's 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 Laws, 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 process of Law hereafter to be made to the contrary are to be void: This Law is to be understood of the natural Person of the King; for his politic 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 superior to the King under God, the House of Commons confess the King to be above the representative body of the Realm.  
Of good right and equity the whole and sole power of pardoning treasons, felonies, etc. 
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, etc. This Law condemns the practice of both Houses at this time.  
The King's Royal Assent to any Act of Parliament signed with his hand, expressed in his Letters patents under the great Seal, and declared to the Lords and Commons, shall be as effectual, 
33 H. 8. cap. 21.  as if he assented in his own person; a vain 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 inferior 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 mainprize to appear in any Court or to keep 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 virtual 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 virtual power?  
All authority and jurisdiction spiritual and temporal is derived from the King, 
1 Ed. 6. c. 2.  therefore none from the Housess  
His Majesty's Subjects, 
●. 3 Ed. 6. c. 2. 11 H. 7. c. 1. Calvin's Case. s●. part. Cook. 1 Pars instit. 69.  according to their bounden duties, aught to serve the King in his wars, of this side or beyond the Seas, beyond the seas is to be understood for wages: This proves the power of wars, and preparation for war to be in the King.  
It is most necessary both for common policy and duty of the Subject, 
5.6 Ed. c. 11.  to restrain all manner of shameful standers against their King, which when they be heard, cannot but be audible to his true and loving subjects, upon whom dependeth the whole unity and universal weal of the Realm. This condemns their continuing of the weekly Pamphlets, who have been so foul mouthed against his Majesty.  
The punishment of all offenders against the Laws, 
Q. ●●ary. 1. Mar. Pl. 2. cap. 2.  belongs to the King, and all jurisdictions do, and of right aught to belong to the King. This leaves all to his Majesty.  
All Commissions to levy men for the war, 
4.5 P. & M. c ●. Q Eliz. 10 Eliz. Pl. 315.  are awarded by the King: The power of war only belongs to the King.  
It belongs to the King to defend his people, and to provide Arms and Force: No speech of the two Houses.  
Roy ad sble governmeni de ses subjects. 
Blow. 234.242.213. Calvin's case 7. pars fol. 12. Blow. come. 213.  Corpse natural le Roy & politic sunt un corpse. That is, the king hath the sole government of his Subjects, the body politic and the natural body of the King make one body, and not divers, and are inseparable and indivisible.  
The body natural and politic make one body, 
Plou. 914.243.213. Calvin's case 7. pars fol. 12  and are not to be severed: Ligeance is due to the natural body; and is due by nature, God's Law, and Man's Law cannot be forfeited nor renounced by any means, 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 corporal Oath: That the King is the supreme and only Governor 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 Earl of Essex, and others, assembled multitudes of men to remove Councillors, adjudged Treason by all the Judges of England.  
To depose the King, 
39 Eliz. Hil. 1 jacobi ibid.  or take him by force, to imprison him until he hath yielded to certain 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. Blow. 316  or any Law, is treason; so for taking of the King's Castles, Forts, Ports or Shipping, Brook treason 24.3. & 4. Philip and Mary, Dier, Staffords Case concerning Scarborough.  
The Law makes not the servant greater than the Master, nor the subject greater than the King, for that were to subvert order and measure.  
The Law is not known but by Usage, and Usage proves the Law, 
10 Eliz. Blow. 31●  and how Usage hath been is notoriously known.  
The King is our only rightful and lawful Liege Lord and Sovereign, 
K. james, 1 jac. cap. 1 9 Ed 4 fol 8  we do upon the knees of our hearts adnize constant Faith, Loyalty, and Obedience to the King and his Royal progeny, in this high Court of Parliament, where all the body of the Realm is either in person, or by representation: We do acknowledge hat the true and sincere Religion of he Church is continued and established by the King. And do recognize, as we are bound by the Law of God and Man, the Realm of England, and the Imperial crown thereof doth belong to him by inherent birthright, and lawful and undoubted succession, and submit ourselves and our posterities for ever, until 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 not complete nor perfect without his Majesty's 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 express assent; and destroys the Chimaera of the King's virtual being in the Houses.  
To promise obedience to the Pope or any other State, 
3 jae. cap. 4. 23 Eliz. c. 1.  Prince or Potentate, other than the King, his heirs and successors, is treason; and therefore those persons who call the houses the Estates offend this Law.  
Such Bills as his Majesty is bound in conscience and justice to pass, 
K. Charles Collection of Ordinances, fol. 727. 1 pars ib. fol. 728.  are no Law without his assent.  
To design the ruin of the King's person, or of Monarchy, is a monstrous and injurious charge.  
Vbi l●x non distinguit, non est distinguendum, 
ibid. fol. 865.  all the aforesaid Acts and Laws 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 politic capacity: that the King is not a person trusted with a power, but that it is his inherent birthright from God, Nature, and Law, and that he hath not his power from the people: These Laws have none of those distinctions of natural and politic, abstractum & concretum, power and person: in Caesar's time this Island had Kings, and ever since, which is almost 17 hundred years ago.  
No King can be named, in any time, made in this Kingdom by the people; A Parliament never made King, for they were Kings before: the Parliaments are summoned by the King's Writs, which for Knights, Citizens, and Burgesses gins 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, hibl precipimus firmiter injungendo quod facta Proclamatione in prox. Comitatu tuo post receptionem ejusd. Brevis, duos Milites gladiis cinctos, etc. 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 Counsel to compel 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, King's Counsel, twelve Masters of the Chancery are consilium impensuri, and so of the Peers. The Writs for the Commonalty. Ad faciendum & consentiendum: Which shows what power the representative body hath, they have not power to give ●n Oath; neither do they claim it.  
The King at all times, 
The Oath of the Justices 18 of E. 3. among Statutes of that year.  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 Solicitor, twelve Masters of the Chancery, his Council of State consisting of some great Prelates, and other great Personages, versed in State affairs, 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 affairs of State, and managery of Government; The Judges, King's Sergeants, Attorney, Solicitor, and Masters of the Chancery versed in the Law and Customs of the Realm: All sworn to serve the King and his people justly and truly; the King is also sworn to observe the Laws, and the Judges have in their Oath a clause, that they shall do common right to the King's people, according to the established Laws, notwithstanding any command of the King to the contrary, under the Great Seal or otherwise, the people are safe by the Laws in force without any new: The Law finding the Kings of this Realm assisted with so many great men of Conscience, Honour and skill in the rule of Commonwealth, knowledge of the Laws, 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 pass any Grants in his Minority, (there are many great persons living hold many a thousand pounds a year by patents from Edward the sixth, passed when he was but ten years of age) not to be bound to any Law to his prejudice, whereby he doth not bind himself, power of war and peace, coining of Money, making all Officers, etc. The Law, for the reasons aforesaid, hath approved these powers to be unquestionable in the King, and all Kings have enjoyed them till 3 Nou. 1640.  
It will be said notwithstanding all this fence about the Laws, the Laws have been violated, and therefore the said powers must not hold, the two Houses will remedy this.  
The answer to this is evident: There is no time past, nor time present, nor will there be time to come, so long as men manage the Law; but the Laws will be broken more or less, as appears 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 year and almost three Months, from 3 Nou. 1640. to 10 Jan. 1641. as aforesaid, being a year and almost three Months, had time and liberty to question all those persons who are either causes or instruments of the violation of any of the Laws.  
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 tendered 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 tendered a Bill to him to take the reading of the Scriptures from most of the Laity: Had not King Henry the eight deserved much praise to reject this Bill? In Queen Mary's time both Houses exhibited a Bill to her to introduce the Pope's power, and the Roman Religion; had not Queen 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 refusal of such Bills have been just, the King being assisted as aforesaid, and why not so in these times?  
For the Civil Government, what a Rill did both Houses present to Richard the third, to make good his Title to the Crown; had it not been great honour to him to have rejected it? What Bills were exhibited to Henry the eight by both Houses for bastardising of his Daughter Elizabeth, a Queen of renowned memory, to settle the Crown of this Realm, 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 refusal of passing such Bil's magnified his virtue, 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 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 Council) but there will be sometimes some deviation from the Laws, and therefore the constant and certain powers fixed by the ancient Law must not be made void, and the King's Ministers; the Laws do punish where the Law is transgressed, and they only 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 since 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 destroys the Writ whereby they are made two Houses of Parliament, 14 Hen. 7. fol. 22. Evesque 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 such wherein they themselves were concerned: And there have been Bishops here since we were Christians, and the Fundamental Law of the Kingdom 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 since his Majesty hath passed the Bill for taking away their Vores in Parliament, it is a Law that binds us so fare.  
Upon the whole matter the Law hath notably determined that Billa agreed by both Houses, pretended to be for the public good, are to be judged by the King, for in all King's Reigns Bills have been preferred by both Houses, which always are pretended to be for the public good, and many times are not, and were rejected with Roy's avisera, 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 do any thing against the Law; what was done was by his Judges, Officers, Refers, and Ministers from that time until the 10. os ja. 1641. when the King, went from London to avoid the danger of frequent tumults, being a year and 3 months, Privy 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 Country, to grant aids for the King upon all fit occasions extraordinary, to assent to the making or abrogating of Laws: The Orb of the House of Lords to reform erroneous judgements given in the King's Bench, to redress the delays of Courts of Justice, to receive all Petitions, to advise his Majesty with their Council, to have their Votes in making or abrogating of Laws, and to propose for the common good, what they conceive meet.  
Lex non cogit ad impossibilia, Subjects are not to expect from King's impossible things, so many Judges, Counsellors, Sheriffs, Justices of the Peace, Commissioners, Ministers of State, that the King should overlook them all, cannot be, it is impossible.  
The King is virtually in his ordinary Courts of Justice; so long as they continue his Courts; their charge is to administer the Laws in being, and not to delay, defer, o● sell Justice for any Commandment of the King. We have Laws enough; Instrumenta boni saeculi sunt bon● viri, good Ministers, as Judges and Officers are many times wanting, the houses propose new Laws, or abrogation of the old, both induce novelty; the Law for the reasons aforesaid, makes the King the only Judge, who is assisted therein by a great number of grave, learned, and prudent men, as aforesaid.  
For the considerations aforesaid the King's Party adheared to him, the ●aw of the Lnnd is their Birthright, 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, settled the Forest hounds, took away the Cearke of the Market of the household, 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 Laws, Oaths, 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 frequent tumults, that two thirds an'dt 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 Seal, and in the King's name against his consent, levying War 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 Oaths to oppose Forces raised by the King, nor to adhere to him, but to them in this War which they call the 〈◊〉 the Oath, and the V W. and Covenant.  
By several ways never used in this kingdom, they have raised moneys to foment this War, and especially to enrich some among them; namely, first, Ex●is, secondly, Contributions, thirdly, Sequestrations, fourthly, Fift-parts, fifthly, Twentieth-parts, sixthly, 〈◊〉 money, seventhly, Sale of Plundered gpods, eightly, Loans, ninthly, Benedolentes, tenthly, 〈◊〉 upon their fast-days, eleventhly, new Impo●tions upon Merchand●res, twelvely, Guards maintained upon the charge of private men, thirteenthly, Fifty Subsidies at ●●e time, fourteenthly, Composs●●ons with such as they call Delinquents, fifteentlaly, Sale of Bishpp● Lands, etc.  
From the King's Party means of subsistence are taken; 
〈◊〉 R 3. cap. 3 Bract. li. 3. c. 8. Stanford, 192. Sir Ger. Fl●●twoods Case, S. pars Cook 7. H. 〈◊〉 ●ast leaf.  before any Indictment, their Lands seized, their goods taken, the Law allows a Traitor or Felon 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 aided the King in this War 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 book. Hutton and Crook.  we have maintained the Commission of Array, by the King's Command, contrary to their Votes: We are warranted by the Statute of the fifth of Henry the fourth, and the judgement of Sir Edward Cook, the ●●cle of the Law as they call him.  
Thirdly, we maintained Arch● Bisho●● and Bishops, whom they would suppress. Our warrant is, Magna-Charta, and many Statutes more.  
Fourthly, we have maintained the Book of Common may●r, they suppress it: Our warrant is five acts of Parliament in Edward the fixed, and Queen Elizabeth's time, 5 Pelchae 35, Elizabeth inter placita Coronae in Ban●● Regis, New book of Entries, fol. 252. Penry, for publishing two scandalous Libels against the Church Government, was indicted, arraigned, attainted, and executed at Tyburn.  
Fiftly, we maintained the Militi●● of the Kingdom to belong to the King, they the contrary: Our warrant is the Statute of the seventh of Edward the first, and many Statutes since, the practice of all times, and the Custom of the Realize.  
Sixthly, we maintained the counterfeiting of the great Seal● to be high Treason, and so of the usurpation of the King's 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 since, and the practice of all times.  
Seventhly, we maintain that the King is the only supreme Governor in all causes: They, that his Majesty is to be governed by them: Our warrant is the Statutes of the first of Queen Elizabeth, Chapter the first, and the fifth of Queen Elizabeth the first.  
Eightly, We maintain that the King is King by an inherent birthright, 
9 Ed. 4. fol. ●.  by nature, by God's 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 calvin's Case.  
Ninthly, we maintain that the politic capacity is not to be severed from the natural. 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, calvin's Case years 7. fol. 11.  
Tenthly, we maintain that who ●●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, we maintain 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, we maintain 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 keep guards of armed men to wait upon them: Our warrant is the Statute of the seventh of Edward the second, and their Oracle.  
Thirteenthly, we maintain that there is no State with●n this Kingdom but the King's Majesty, and that to adhere to any other State within this Kingdom is high Treason: Our warrant is the Statute of the third of King James, Chapter the fourth, and the twenty third of Queen Elizabeth, Chapter the first.  
Fourteen, we maintain that to ●evy a wa●●e to remove Counsellors, 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 Queen Eliznbeths' time, and their Oracle agrees with the same.  
Fifteenthly, we maintain 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, etc. Our warrant is Magna Chanta, Chapter the twenty ninth, the P●●ition of Right, the third of King Charles, and divers Laws there mentioned.  
We of the King's party, did and do detest Monopolies, and Ship-money, and all the grievances of the people as mu●h as any men living, we do well know that our estates, lives and fortunes are preserved, by the Laws, and that the King is bound by his Laws, we love Parliamenss, if the King's Judges, Counsel or Ministers have done amiss, 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's fault.  
The Law saith the Kings can do no Wrong, 
11. pars Cooks Reports Magdalen College Case.  that he is medicus Regni pater patriae sponsus Regni qui per annulum, is espoused to his Realm at his Coronation; The King is God's 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 repeal them; The objection is very weak; a Parliament succeeding to that may repeal that repealing Parliament: That ●eare is endless and remediless, for it is the essence of Parliaments being complete, 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 prevails, the Parliaments are wicked, as appears by the examples recited before of extreme wicked Parliaments; if the times be sober and modest, prudent and not biased, 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 war between the King's Majesty, and the two Houses at Westmiester, what guide had the Subjects of the Land to direct them but the Laws▪ What means could they use to discern what to follow, what to avoid, but the Laws? The King declares it Treason to adhere to the Houses in this war: The Houses declare it Treason to adhere to the King in this war: The Subjects for a great and considerable part of them (Treason being such a crime as forfeits life and estate, also renders a man's Posterity ●ase, beggarly, and infamous) look upon the Laws, and find the Letter o● though Law requires them to a 〈◊〉 the King, as before is manifested; was ever Subject criminally punished in any age or Nation for his pursuit of what the Letter of the Law commands?  
The Subjects of the Kingdom find the distinction and interpretation now put upon the Laws of Abstractum & Concretum, Powe● and Person, body politic, and natural, personal presence and virtual, to have been condemned by the Law; and so the King's Party had both the Letter of the Law, and the interpretation of the Letter cleared to their judgements, whereby they might evidently perceive what side to adhere to, what satisfaction could modest peaceable and loyal men more desire?  
A verbo legis in crimin●bus & poenis non est recedentum, hath been an approved maxim of Law in all ages and times: 
Coll. of Ordinances, 777.  If the King be King and remain in his Kingly Office (as they call it) than all the said Laws are against them without colour; they say the said Laws relate to him in his Office, they cannot say otherwise, they make Commissions and Pardons in the King's name, and the person of the King and his body politic cannot, nor aught to be severed as hath been before declared: 
5 Eliz. cap. 1. 1 Eliz. cap. 1.  And the Members of both Houses have sworn constantly in this Parliament that the King to the only supreme Governor in all causes, ever all persons at this present time.  
For what of verbal or personal commands of the King which is objected; we affirm few things to be subject thereto by the Law: But his Majesty's Command under his Great Seal, which in this war hath been used by the King's Command for his Commission to ●savie and array men, that is no personal 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 suppress his Courts of Justice, and that this war tended to their suppression.  
The answer is, 
Sol. 7 pars The ●a le of westmerland's Ca e. 1 Eliz. Dier. 165. 7 p●rs Cook.  the King cannot nor aught to suppress 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 proceed in those Courts holden by others than Judges made by the King, and against his command under the great Seal, 
The case of discontinuance of Process.  and his Majesty is not obeyed, but the Votes of the Houses, and his Judges breaking that condition in Law, of trust and loyalty, employed in their Patents, are no longer his Judges; they obey and exercise their places by virtue of Writs and Processes under a counterfeit Seal: The King only can make Judges, the twenty seventh of Henry the eighth, Chapter the twenty fourth, Justices of the Peace, etc. The King's Patent makes Judges: 
28 H. 8. D●●r 11.  The chief Justice of the King's Bench is made by the Kings Writ only of all the Judges.  
The Great Seal is the key of the Kingdom, 
Arti●uli super chartas cap. 5. 2 pars instit. 552.  and meet it is that the King should have the key of his Kingdom about him; which confutes their saying that the King got the Seal away surreptitiously.  
The King, 
Britt●n. sol. 23.  and he only may remove his Courts from Westminster into some other place: at York the Terms were kept for seven years, in Edward the first's time; but for the Court of Common Pleas, the plac● must be certain; for the King's Bench and Chancery, the King by the Law may command them to attend his person always if it seem so meet unto him; but the removing of the Common Pleas must be to a place certain, and so notified to the people.  
All the Books of Law in all times agree, that the King may grant conusance of all Pleas at his pleasure within any County or Precinct to be holden there only, 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 certain, and so notified to the people) and adjourn the Terms as he sees cause: All which the two houses have violated.  

Some seeming objections of Master Prinn's, scattered in divers books answered, and the truth thereby more fully cleared.  
THE first of Henry the fourth, 
1 Ob.  revived the Statute of the eleventh of Richard the second, and repeals the one and twentieth of Richard the second, whereby certain persons were declared Traitors to the King and kingdom; being of the King's Party, by 11 Rich. 2.  
True, but note, the eleventh of Richard the second, 
Sol.  a Parliament beset with 40000. men, and the King assents to it, so an Act, and besides the first of Henry the fourth declares, that the Treasons mentioned in the Act of the eleventh of Richard the second, being but against a few private men, shall not be drawn into example, and that no Treason should be but such as the twenty fifth of Edward the third declares: 
9 Ed. 4. fol. ●0.  All these are Acts passed by the King, and the three Estates, nor to be drawn into example in a tumultuous time, by a besieged Parliament, with an Army, and Henry the fourth being an Usurper makes that Act of the first of Henry the fourth to secure himself: Also what is this to the Votes of the two Houses only at this time?  
The Court of Parliament is above the King, 
2. Ob.  for it may avoid his Charters, Commissions, etc. granted against the Law.  
And the Law is above the King.  
By the same reason you may say that the Courts of Chancery, 
Sol.  or any of the Courts of Law at Westminster are above the King, for they make of no effect the King's Charters, which are passed against the Law; and the King is subject to Law, and sworn to maintain it. Again, it is no Parliament without the King, and the King is the head thereof, he is principium capus & finis of a Parliament, as Modus tenendi Parliament, hath it, and two houses only, want principiwn caput & finis of a Parliament, and it is a sorry Parliament that wants all these: And therefore to say that Parliaments are above the King, is to say the King is above himself.  
The Parliament can enlarge the King's Prerogative, 
3. Ob.  therefore it is above him.  
If the King assent, 
Sol.  otherwise not; and than it is an Act of Parliament, and otherwise no Act.  
Bracton saith, God, the Law, 
4 Ob.  and the King's Court, (viz.) his Earls and Barons are above the King, viz. in Parliament, as Mr. Prynne expounds it.  
Where is then the House of Commons? Indeed, take God, the Law, 
Sol.  and Earls and Barons together, it is true; but to affirm that the Earls and Barons in Parliament are above the King (the King being the head of the Parliament, and they one of the members) how an inferior member is above the head, is hard to conceive; besides, that position destroys all Mr. Prynnes discourse, who attributes much to the House of Commons.  
The King is but one of the three Estates of Parliament, 
5 Ob.  and two are greater than one; therefore above.  
The Legs, Arms, 
Sol.  and Trunk of the body are greater than the Head, and yet not above, nor with life without it; the argument holds for quantity, but not for quality; and in truth, the King is none of the three Estates but above them all; the three Estates are, the Lords Spiritual, the Lords Temporal, and the Commons; Cake, their Oracle, in his Chap. of Parl. f. 1  
In Corporations, the greater number of voices make all the Acts of the Corporation valid; 
6 Ob.  therefore so in Parliament.  
By this reason the King's assent is needless, 
Sol.  and to no end: and all the Acts of Parliament formerly mentioned, and Law-bookes have quite mistaken the matter, which with unanimous voice requires the King's assent as necessary: besides, the Corporations are so constituted by the King's Charters, and the greater number of votes shall make their Acts valid.  
The King, 
7 Ob.  as King, is present in his Parliament as well as in all other his Courts of Justice, howbeit he is not there.  
In his other Courts of Justice he hath no voice, 
Sol.  he is none of the Judges, in the Parliament he hath; if his presence be not necessary, his voice is not, nor his assent.  
The original prime legislative power of making Laws, 
8 Ob. Sovereign power of Parliaments, 4●. 44. Sol.  to bind the Subjects and their posterity, rests not in the King, but in the Kingdom and Parliament, which represents it.  
Master Prinne in the same lease affirms, and truly, that the King's assent is generally requisite to pass Laws and ratify them; the King is the Head of the Kingdom and Parliament, how then can a Body act without a Head?  
A major part of a Corporation binds, 
9 Ob.  therefore the major part in Parliament, and so of by Laws.  
The Corporation is so bound, 
Sol.  either by the King's Charters, or by prescription, which sometimes had the King's concession; but prescription, and Law, and practise, always left the King a negative voice.  
The King cannot alter the Bills presented to him by both Houses. 
10 Ob.  gᵒ.  
True, 
Sol.  but the King may refuse them.  
Acts of Parliament and Laws ministered in the Reigns of Usurpers; 
11 Ob.  bind rightful Kings, go  
What is this to prove the two Houses power only, which is the question? 
Sol.  A King de facto must be obeyed by them who submitted to him, and they are his Subjects by their submission, and not Subjects de facto to the true King, 
9 Ed. 4.  and such being Traitors and Rebels to the Regent King (having renounced the true King) when the lawful King is restored, may be punished by him for their Treason against the Usurper: But here is a King still in both cases, and the proceed at Law holds, the Judges having their Patents from the being Kings, in the Reigns of Kings, de facto or de jure; for all Kings are bound, and sworn to observe the Laws.  
A King dies without Heir, 
12 Ob.  is an Infant, non compos mentis, etc. the two Houses may establish Laws, go  
There is no Inter-regnum in England, 
Sol.  as appears by all our Books of Law; and therefore the dying without Heir is a vain supposition, and by their principle he is considerable in his politic capacity, which cannot die at all: The Protector, assisted by the Council of the King at Law, his twelve Judges, the Council of State, his Attorney, Solicitor, and two Sergeants at Law, his twelve Masters of the Chancery, hath in the King's behalf, and ever had a Negative Voice; but what is this to the present question? We have a King of full age, of great wisdom and judgement; the power of the two Houses in such a case to be over the King, cannot be shown.  
The King cannot disassent to public and necessary Bills for the common good, 
13 Ob.  go  
Nor ever did good King; 
Sol.  but who shall be judge, whether they be public and necessary? The major part in either of the Houses, for passing of Bills so pretended, may be but one or two voices, or very few, and perhaps of no judicious men; is it not then fit or more agreeable to reason, that his Majesty and Council of State, his twelve Judges, his Sergeants, Attorney, and Solicitor, twelve Masters of the Chancery, should judge of the conveniency and benefit of such Bills for the public good, rather than a minor, (of which sort there may be in the Houses) or a weak man, or a few, who oftentimes carry it by making the major part, which involves the consent of all? Let reason determine.  
The Kings of England have been elective; 
14 Ob.  and the King by his Coronation Oath is bound to maintain justas leges & consuetudines quas vulgas elegerit, go  
Popery hath been in the Kingdom, 
Sol.  and therefore to continue it still, will not be taken for a good argument; when things are settled for many ages, to look back to times of confusion is to destroy all repose: The Act of Parliament, of the first of K. James, Chapter the first, and all our extant Laws say, that the King's Office is an heritage inherent in the blood of our Kings, and their Birthright.  
And Usurpers that come in by the consent of the people, 
● Ed. 4. c. 1  are Kings de facto, but not the jure, as appears by the Acts of Parliament declaring them so; and by all our Law-bookes, and the fundamental constitution of the Land, Regal power is hereditary and not elective.  
For the words (vulgus elegerit) if vulgus be applied to the House of Commons, 
1 Hen 7.  they of themselves can make no Laws: The Peers were never yet termed vulgus; but allowing they be so called, the Laws to be made be just, and who is fit to judge thereof, is before made evident.  
Customs cannot refer to future time, 
15 Ob.  and both are coupled, Laws and Customs.  
Princes have been deposed, and may be by the two Houses, go  
The deposers were Traitors, 
Sol.  as appears by the resolution of all the Judges of England; Coke, Chap. Treason, in the second part of the Institutes: And never was King deposed but in tumultuous and mad times, and by the power of Armies, and they who were to be the succeeding Kings in the head of them, as Edward the third, and Henry the fourth.  
The appeal to the Parliament for errors in Judgements in all Courts is frepuent, 
16 Ob.  go  
This is only to the House of Lords, 
Sol.  and that is not the Parliament; the House of Commons have nothing to do therewith; and in the House of Peers, if a Writ of Error be brought to reverse any judgement, there is first a Petition to the King for the allowance thereof, and the reason of the Law in this case is, for that the Judges of the Land all of them, the King's Council, and twelve Masters of the Chancery assist there, by whose advice erroneous judgements are redressed.  
The Parliaments have determined of the rights of Kings, 
17 Ob.  as in Henry the sixts time, and others, and Parliaments have bound the succession of Kings, as appears by the Statute of the thirteenth of Queen Elizabeth, Chapter the first: And the descent of the Crown is guided rather by a Parliamentary Title then by common Law, go  
If this objection be true, 
Sol.  that the Title to the Crown is by Parliament, than we had no Usurpers, for they all had Parliaments to backe them; yea, Richard the third, that Monster. All our Books of Law say they have the Crown by descent, and the Statutes of the Land declare, that they have the same by inherent birthright. And the Statute of the thirteenth of Elizabeth, the first Chapter, was made to secure Queen Elizabeth against the Queen of Scots, then in the Kingdom, claiming the Crown of England, and having many adherents: And that Statute to that end affirms no such power in the two Houses (which is the question) but in Queen Elizabeth, and the two Houses, which makes against the pretence of this time.  
Master Prynne, fol. 104 of his book, entitled, the Parliaments supreme power, etc. Objecting the Statute of the first of Queens Elizabeth, and his own Oath, that the King is the only supreme Goverhour of this Realm; Answers, The Parliament is the supreme power, and the King supreme Governor: And yet there he allows him a Negative Voice; and fol. 107. confesseth, that Acts of Parliament translated the Crown from the right Heirs at Common-Law, to others who had no good Title, than the Parlimentary Title makes not the King, so powerful in truth, that it escapes from a man unawares: To make a distinction between supreme Governor, and supreme power, is very strange, for who can govern without power?  
The King assembles the Parliament by his Writ, adjourns, 
Vide Speep. 645.4. par. Instit. 27. & 2.  prorogues, and dissolves the Parliament, by the Law at his pleasure, as is evident by constant practice, the House of Commons never sat after an adjournement of the Parliament by the King's Command: Where is the supreme power?  
The King by his Oath is bound to deny no man right, 
18 Ob.  much less the Parliament, to agree to all just and necessary Laws proposed by them to the King. This is the substance of the discourse against the King's Negative Voice.  
The King is so hound as is set down in the Objection; 
Sol.  but who shall judge whether the Bill proposed be just and necessary? For all that they do propose are so pretended and carried in either House, sometimes by one or two Voices; or some sew as aforesaid, and certainly it hath been shown, the King, his Counsel of State, his Judges, Sergeants, Attorney, Solicitor, and twelve Masters of the Chancery can better judge of them, than two or three, or few more.  
Mr. Prynne, fol. 45. In his Book of the Parliaments interest to nominate Prnvy Councillors, calleth the opinion of the Spencers to divide the Person of the King from his Crown, 
Calvin's case 7 pars, fol. ●1.  a string opinion, and citys calvin's Case, but leaves out the conclusions therein mentioned, fol. 11. Master Prynne saith there, But let this opinion be what it will; without the King's Grace and Pardon it will go very fare, and two Acts of Parliament there mentioned are beyond an opinion: And in his Book of the opening of the Great Seal, fol. 17. The Parliament hath no jurisdiction to use the Grear Seal for Pardons General or Particular. Where is the supreme power then?  
Mr. 
19 Ob.  Prynnes (opening of the Seal) pag. 19 saith, the Noblemen and State, the day after the Funeral of King Henry the third (King Edward the first his Son being in the Holy Land) made a new Great Seal, and Keepers of the same; And in Henry the sixts time, in the first year of his Reign, the like was done in Parliament.  
A facto, all jus, 
Sol.  is no good Argument, for than in Edward the firsts time it was no Parliament, for King Henry the third was dead, which dissolyed, the Parliament, if called in his time, and it could be no Parliament of Edward the firsts time, for no Writ issued to summon a Parliament in his Name, nor could issue but under that New Seal, it was so suddenly done after● Henry the thirds death, King Edward the first being then in the Holy Land, it was the first year of his Reign, and no Parliament was held that year, nor the second year of his Reign: The first Parliament that was in his Reign, was in the third year of his Reign, as appears by the printed Acts: Also the making of that Seal was by some Lords then present; What hand had the Commons in it? Concerning the Seal made in Henry the sixths' time, the Protector was viceroy according to the course of Law, and so the making of that Seal was by the Protector in the King's name, and that Protector, Humphrey Duke of Gloucester, as Protector, in the Kings Name summoned that Parliament, and was Protector made by the Lords, and not in Parliament, as appeareth plainly, for that Parliament was in the first of Henry the sixth, and the first holden in his time, and power given by Commission to the said Duke, than Protector, to summon that Parliament, Prynne, ibid. fol. 19 But the new counterfeit Seal was made when the King was at Oxford, in his own Kingdom, and not in the holy Land.  
Mr. 
20 Ob.  Prynne in his Book of the two Houses power to impose Taxes, restrains Malignants against any Habea● Corpus, etc. saith, that the Parliament is above Magna Charta, and fol. 15. ibid. The Parliament hath power over Magna Charta to repeal the same when there is cause.  
This Argument supposeth that they have the King's power, 
Sol.  which hath appeared formerly they have not: But suppose they had, Magna Charta contains many Moral Laws, which by the Law of the Land a Parliament cannot alter, 21 H. 7.2. D. and Student, 2 Dialogue. For example, it saith cap. 11. Justice shall not be sold, delayed, nor denied to any man; but by this Argument the Parliament may make Law to delay, deny, and to sell Justice, which surely is a very ill position to maintain.  
What they would have, doth now by the Propositions sent to Newcastie to his Majesty appear, whereby they would have him divest himself, and settle in them all his Kingly power by Sea and Land, and of themselves to have power, without him, to lay upon the people of this Land what taxes they think meet, to abolish the Common prayer-book, to abolish Episcopacy, and to introduce a Church Government not yet agreed, but such as they shall agree on.  
His Majesty finding a prevailing party in both Houses to steer this course, and being chased away with Tumults from London, leaves the Houses for these Reasons, (viz.)  
First, because to alter the Government for Religion, is against the King's Oath:  
Secondly, against their Oaths: For every of them hath sworn in this Parliament, That His Majesty is the only supreme Governor in all Causes Ecclesiastical and over all persons.  
Thirdly, this course is against Magna Charta, the 1. Chap. and the last. Salve sint Episcopis omnes liber tales sue, Confirmed by thirty two Acts of Parliament: and in the two and fortieth of Edward the third, the first Chapter enacts, if any Statute be made to the contrary, it shall be holden for none: and so it is for judgements at Law, in the 25 of Edward the 1. chap. 1.2. The great Charter is declared to be the Common Law of the Land.  
Fourthly, they endeavout to take away by their Propositions, the Government of Bishops, which is as ancient as Christianity in this. Land, and the Books of Common prayet settled by five▪ Acts of Parliament, and compiled by the Reformers and Martyrs, and practised in the time of four Princes.  
Fifthly, these Propositions taking away from his Majesty all his power by Land and Sea, rob him of that which all his Ancestors, Kings of this Realm, have enjoyed: That enjoyment and usage makes the Law, and a right by the same to his Majesty. They are against their own Protestation made this Parliament, (viz.) to maintain his Royal Person, Honour, and Estate; They are against their Covenant, which doth say, that they will not diminish his just power and Greatness.  
For these reasons his Majesty hath jest them, and as is believed, will refuse to agree to the said Propositions, as by the fundamental Law of the Land he may (having a Negative Voice) to any Bills proposed.  
The result of all is upon the whole matter: That the King thus leaving of the Houses, and his denial to pass the said Propositions, are so far from making him a Tyrant, or not in a condition to govern, at the present; that thereby he is rendered a just; Magnanimous, and pious Prince: so that by this it appears clearly to whom the Miseries of these times are to be imputed. The remedy for all, is, an Act of Oblivion, and a General Pardon.  
God save the King.  
DAVID JENKINS, now Prisoner in the Tower: 28 Aprilis, 1647.   

The Vindication of judge Jenkins Prisoner in the Tower, the 29. of April, 1647.  
I Was convened upon Saturday the 10 of this month of April before a Committee of the House of Commons, wherein Master Co●bet had the Chair; and I was there to be examined upon some questions then to be propounded to me; to which questions I refused to give any other answer than that which w●t set down in a paper I then delivered to the said Mr. Corbet, which followeth in these words:  
Gentlemen, I stand committed by the House of Commons for High Treason, for not acknowledging, nor obeying the power of the two Ponses, by adhering to the King in this war. I deny this to be Treason, for the supreme and only power by the Laws of this Land, is in the King: If I should submit to any examination derived from your upwir, which by the Negative Oath stands in opposition to the King's power, I should confess the power to be in you, and so condemn myself for a Traitor, which I neither ought nor will do.  
I am sworn to obey the King, and the Laws of the Land; you have not power to examine me by those Laws, but by the King's writ, Patent, or Commission; if you can produce either thereof, I will answer the questions you shall propound; otherwiss I cannot answer thereto, without the breach of my Oath, and the violation of the Laws, which I will not do to save my life.  
You yourselves, all of you this Parliament, hive sworn that the King is our only and supreme Governor; your Protestation, your Vow and Covenant; your solemn League and Covenant, your Declarations, all of them published to the Kingdom, that your scope is the maintenance of the Laws; those Laws are and must be derived to us, and enlivened by the only supreme Governor, the Fountain of justice, and the life of the Law, the King. The Parliaments are called by his writs, the judges sit by his Patents, so of all other Dicers, the Cities and ●ownes corporate, govern by the King's Charters; and therefore since by the Law I cannot be examin●b by you, without a power verive● by his Majesty, I neither can, nor will, nor ougte you to examine me upon any questions. But if as private Gentlemen, you shall be pleased to 〈◊〉 me any questions, I shall really and truly answer ev●ry such question, as you shall demand.  
April 10. 1647. David Jenkins.  
This Paper hath been misrepresented to the good people of this City by a printed one, stilling it my Recantation, which I own not; and besides is in itself repugnant (just like these times) the Body falls out with the Head. To vindicate myself from that Recantation, and to publish to the world the realty of the Paper then delivered to Mr. Corb●t and the matter therein contained, I have published this ensuing discourse.  
No person who● hath committed Treason, Mutter, 〈◊〉 ●elony, hath any assurance at all for so much as one hour of life, Lands or Goods, without the King's gr●tions pardon, 27. Hen. 8. cap. 24.  
The King is not virtually in the two Houses at Westminster, whereby they may give any assurance at all, to any person, in any thing, for any such offence.  
1. The House of Commons have beelar●d to the Kingdom in their Declaration of the 28 of November last, to the scots Papers, p. 8. That the King at this time is not in a condition to govern. No person or thing can derive a virtue to other men, or things, which itself hath not; and therefore it is impossible that they should have a virtue from the King to govern, which they declare he hath not himself to give.  
2 The Law of the Land is, 
5 Elizab. cap. 1.  That no person in any Parliament hath a vayce in the House of Commons, but that he stands a p●rson to all intents and purposes as if he had uev●r boeu elected or returned, if before he sit in the Hause, he take not h●s Dat● upon the holy Evangel sts, that the King's Majesty is the only and supreme Governor over all persons in all Causes. All the Members of the said House have taken it, and at all times as they are returned do take it; otherwise they have no colour to intermeddle with the public Affairs. How doth this Solemn and Legal Oath agree with their said Declaration, That the King is in no condition to govern 〈◊〉 By the one it is sworn, he is the only supreme Governor; by the other, that he is not in a condition to govern.  
3. The Oath is not, that the King was, or aught to be, or had been, before he was seduced by ill Council, our only and supreme Governor in all Causes, over all persons; but in the present tense, that he i● on't only and supreme Governont, at this present, in all causes and over all persons. So they the same persons swear one thing, and declare to the Kingdom the contrary of the same thing, at the same time, in that which concerneth the weal of all this Nation.  
4 The Ministers in the Pulpits do not say, what they swear in the House of Commons. Who ever heard fi●hence this unnatural War, any of their Presbyters attribute that to his Majesty which they swear? The reason is, their Oath is taken at westminster amongst themselves: that which their Ministers pray and preach, goes amongst the people. To tell the people that the King is now their only and supreme Governor in all Causes, is contrary to that the Houses do now practise, and to all they act and maintain. They, the two Houses forsooth, are the only and supreme Governors in default of the King, for that he hath lest his great Council, and will not come to them, and yet the King desires to come, but they will not suffer him, but keep him prisoner at Holmby: so well do their Actions and Oaths agree.  
5. They swear now, King Charies is their only and supreme Governor; but with a resolution at the time of the Oath taking, and before and after, that he shall not be only or supreme Governor, or only and supreme, but not any Governor at all: For there is no point of Government, but for some years passed they have taken to themselves, and used his name only, to abuse and deceive the people.  
6. That this virtual power is a mere fiction, their Propositions sent to Oxford to Neweastle, to be signed by the King, do prove it so. What needs this ado, if they have the virtual Power with them at Wistminster?  
7. To affirm that the King's power (which is the virtue they talk of) is separable from his person is High Treason by the Law of the Land; which is so declared by that learned man of the Law, Sir Edward Cock so much magnified by this present Parliament, who in the 7 part of his Reports in Calving case, fol. 11 saith thus. In the reign of Edward the second, the Supencers, the Father and Son, to cover the Treason hat head in their hearts invented this damnable and damned opinion, that homage and Oath of Legiance was more by reason of the I King's Crown, (that is of his potitick capacity) then by reason of oh person of the King upon which ●●inion they inferred three execrable and detestable consequences. h. If the King to not demeave himself by reason in the right of his Crown his Liege's are bound ●y Oath to remove the King. 2 seeing that the King ●ould not be retormed by ●nte of Law, that ought so be dene per aspertes that is by orce 3. That his Liege's be beund to govern in side of him, and in default of him; all which w●re condemned by two Parliaments, one in the raigue of Edw. 2. called exilium Hugonis le Spencer; and the other in anno 1. Edw 3 cap. 2.  
And that the natural body and politic makes one indivisible body, & that these two bodies incorporate in one person make one body and not divers, is resolved as the Law of Eng. 4 Ed 3, Ploydon Com. fol. 213 by Sir Co, bet Catlin L. Chief Justice of Eng. Sir I●mes D●er, L. Chief Justice of the Common pleas, the L. Sanders, L. Chief Baron of the Exche●ner, & by the rest of the Judges, viz. Justice Restall, Justice Browne, Justice Corbet, Justice weston, Baron Frevyl●, Carus and Pow●rel, Sergeant to the Queen, Gerrard Auturny General; carel Attorney of the Duchy; P●owdon the learnedest man of that age, in the knowledge of the Law and Customs of the Realm.  
8. The Law in all ages without any controversy is and hath been: that no Act of Parliament binds the Subjects of the Land without the assent of the King, 
● H●●. 3 Mogn: Charta. So in every Age till this d●y, and in every King's time, as appears by the Acts in Print, 1 part of the justit Sect. 234. 〈◊〉 fine where many of the Law-Bookes are ●iied. 7 Hen. 7.14.12. of Hen. 7.20.  either for Person, laud's, Goods, or Fame. No man can show any syllable, letter, or line to the contrary in the books of the Law, or printed Acts of Parliament, in any age in this Land: If the virtual power be in the Houses, there needs no assent of the Kings. The styles of the Acts printed from 9 Hen. 3. to 1 Hen. 7. were either, The King ordains at his Parliament, etc. or the King ordaineth by the adv●ee of his Prelates and Bar●●rs, and at the humble Petition of the Commons, etc. In Hen. 7. his time the Style altered, and hath fithence continued thus; It is ordained by the King's Majesty, and the Lords spiritual and temporal, and Commons in this present Parliament assembled: So that always the Assent of the King giveth the life to all, as the soul to the body; and therefore our Law books call the King, the Fountain of Justice, and the life of the Law.  
9 
2 Han. 4 Cap 22 4 pars instit. 42. Mr. ●●in in his Treatise. of the great Seal. fol. 17.27. Hen. 8 Chap. 24.  Mercy as well as Justice belongs by the Law of the Land only to the King. This is confessed by Mr. Pryn, and it is so without any question: The King can only pardon, and never more cause to have sufficient pardons then in such troublesome times as these, and God send us pardons and peace: None can give any pardon, but the King by the Law of the Land: The whole and sole power of pardoning Treasons and Felonies belongs to the King are the words of the Law, and it is a delusion to take it from any other and utterly invalid. 27. Hen. 8. c. 24.  
10. Queen Elizabeth summoned her first Parliament, to be held the 23. of Jan. in the first year of her Majesty's Reign: The Lords and commons assembled by force of the same Writ, the 21 day the Queen fell sick and could not appear in her person in Parliament that day, and therefore prorogued it until the 25 of the same Month of January: Resolved by all the Judges of England that the Parliament began not the day of the return of the Writ, 
3 of Eliz. Dier. 2●3.  viz. the 23. of January, when the Lords and Commons appeared, but the 25, of the said Month when the Queen came in person, which showeth evidently that this virtual presence is a mere deluding fiction that hath no ground in Law, reason, or sense. They have the King now a prisoner at Holmby, with guards upon him, and yet they govern by the virtual power of their prisoner. These are some few of the causes and reasons which moved me to deliver that paper to Mr. Corbet, which I am ready to justify with my life, and should hold it a great honour to die for the honourable, and holy Laws of the Land: that which will save this Land from destruction, is an Act of Oblivion, and his Majesty's gracious general pardon, the Soldiers their Arrears, and every man his own, and truth and Peace established in the Land, and a favourable regard had to the satisfaction of tender Consciences.  
April 29. 1547. David jenkin's.    

THE ARMY'S INDEMNITY, WITH ADDITION; Together with a DECLARATION SHOWING, How every Subject of ENGLAND ought to be tried for Treasons, Felonies, and all other Capital Crimes, as is set down in the Laws of the LAND.  
By DAVID JENKINS'; now Prisoner in the Tower of London.  
Printed in the Year, 1648.   

The Army's Imdemnity, etc.  
UPon the publishing of the Ordinance of the 22 of May last, for the Indemnity of the Army, certain Gentlemen well affected to the peace of the Kingdom, and safety of the Army, desired me to set down in writing, whether by the Law of the Land, the said Ordinance did secure them from danger, as to the matters therein mentioned: For whose satisfaction in a business wherein the lives and fortunes of so many men were concerned, and the peace of the Kingdom involved, I conceived I was bound in duty and conscience, faithfully and truly to set down what the Law of the Land therein is, which accordingly I have with all sincerity expressed in this following discourse.  
The danger of the Army by the Law of the Land is apparent to all men: 
25 ●d. 3. c. 21. 2 R. 2. c. 3. ● H. 4. c. 10. 1 & 2. Th. & Mary. c. 10.  It is high Treason by the Law of the Land to levy war against the King, to compass or imagine his death, or the death of his Queen, or of his eldest Son, to counterfeit his Money, or his great Seal; They are the very words of the Law: Other Treasons, then are specified in that Act, are declared to be no Treasons until the King and his Parliament shall declare otherwise, 
3 Pars inst. p. 22. & 2 pars instit. pag. 47, 48. & 4 pars instil. p. 23.48.29. 3 pars instit. cap. Treason, p. 9, 10, & 12.  they are the very words of the Law. King and Commons, King and Lords, Commons and Lords, cannot declare any other thing to be Treason, than there is declared; as appears by the Lord Cook, in the places cited in the Margin: A Law▪ book published by order of the House of Comonns this Parliament, as appears in the last leaf of the 2. part of the Institutes, published likewise by their Order.  
The Resolutions of all the judges of England upon the said Statute of the 25 Edward 3. 
〈◊〉. 5. john the Solicitor in his speech upon the Arraignment of the Flarle of Strafford Printed by order of the House of Commons .7. 13.  (as appears in the said third part of the Institutes, Chap. High-Treason) have been, that to imprison the King until he agree to certain demands is High-Treason; to seize his Ports, Forts, Magazine for War, are High Treason; to alter the Laws is High Treason.  
The word King in the Statute of 25 Edw. 3. c. p. 2. must be understood of the King's natural person; for that person can only die, have a Wife, have a Son, or be imprisoned.  
The Privilege of Parliament protects no man from treason or felony, 
4 pars insti. c. Parl. p. 25●  howbeit he be a Member; much less can they protect others: Those who cannot protect themselves, have no colour to make Ordinances to protect others who are no Members.  
The Statute of 11 Hen. 7. c. 1. doth by express words free all persons who adhere to the King. 
11 H. 7. c. 1.   
The Army by an Act of Indemnity free themselyes from all those dangers, 
Stamfo d. l. 2. fol. 99 18 Ed. 3. Statutes at large 144. 20 Ed. 3. c. 1. 11 R●●. 2. c. 10. 4 pars instit. pag. 23.48.29.  which an Ordinance can no more do than repealé all the Laws of the Land, the whole and sole power by Law to pardon all Treasons, Felonies, etc. being solely and wholly in the King, as is cleared by the Statute of 27 H. 8. c. 24. and the Law of the Land in all times.  
Having showed the danger of the Army by the Law of the Land, next consider th● Ordinance of the Lords and Commons published the 22 of May last for their Indemnity; by the ensuing discourse it doth appear they have no Indemnity at all thereby.  
The Indemnity proposed by the Ordinance, is for an Act done by the authority of the Parl▪ or for the service or benefit thereof; and that the Judges and all other Ministers of Justice shall allow thereof.  
This Ordinance cannot secure the Army for these reasons.  
1. Their Judges are sworn to do justice according to the Law of the Land, 
3 Pars inst. p. 21. 2 pars inst. 47.48. 1 pars inst. 19●. Prince's case 8, reports.  and therefore the Judges must be forsworn men if they obey it; because an Ordinance of both Houses is no Law of the Land, and no man can believe they will perjure themselves so palpably and visibly in the eye of the World.  
2. All trials for treasons, felonies, robberies, 
Magna Charta cap. 19 25 Ed. 3. c. 4. 28 H. 3. c. 3. 37 Ed. 3. c. 42 Ed. 3. c. 3.  and such like capital offences, are by the Law of the Land to be by indictment of a Jury appointed out of the Neighbourhood where the offence was done: there is no common Juryman but understands what the Law is in these cases as well as the best Lawyers, and the Law makes the Jury Judges of the fact, 
Doclaration of the Army presented at Walden, and printed by the appointment of the Officers subscribed.  whereby the soldier is left to their mercy whom he hath offended (as some of them have lately had woeful experience, and thereupon do rightly apprehend their danger) Now no man can think that the Jurors will perjure themselves to acquit the soldiers for robbing and plundering of the Countries, and thereby utterly destroy their own Rights and Properties.  
3. If the Judges conceive (as they may) that the taking of other men's horses or goods, is not by the Authority of Parliament, or for the service and benefit thereof, the soldier dies for it; they may say to steal or rob any man of his goods is not for the Parliaments service, but against it, which was always the sense of the people, and doubtless the Jurors will not think otherwise.  
4. This Ordinance is restrained to the authority, 
4 Parson inst. p. 1. 3 pars inst. p. 22. 1 pars, inst. p. 1. 28 H. 8. f. i●. Dier 38 H. 8. fol. 60. 12 H. 7. 20. 1 pars instit. 159. Prince's case 8 Reports.  service or benefit of the Parliament: the Lords and Commons make no more a Parliament by the Law of the Land than a body without a head makes a man; for a Parliament is a body composed of a King their head, the Lords and Commons the Members. All three together make one body, and that is the Parl. and no other, and the judges may, ought, and I believe will according to their oaths proceed as not bound at all by this Ordinance. For it is restrained to the authority of Parliam. service or benefit thereof, whereas the two Houses are not the Pa●l. but only parts thereof, and by the abuse and misunderstanding of this word Parliament, they have miserably deceived the people.  
5. This Ordinance is against their Ordiinance which expressly prohibits plundering, 
28 Aug. 1642. Col. of Ord. first part, 565.592.605. several Ordinances.  and so there is one Ordinance against another, whereby their Judges have an out▪ let to proceed on the one or the other, and thereby the Army hath no manner of security.  
6. The word Parliament is a French word (howbeit such Assemblies were before the Norman Conquest here) and signifies in that language to consult and treat; 
1 Pars inst. 109. 1 pars instit. 110. 4 pars p. 49.  that is the sense of the word Parlour in the French Tongue. The Writ whereby the two Houses are assembled, which is called the Writ of Summons of Parliament, at all times, and at this Parliament used, and which is the warrant, ground and foundation of their meeting, is for the Lords of the House of Peers, the judges and King's Counsel to consult and treat with the King (that is the Parlour) of great concernments, touching, 〈◊〉 the King, secondly, the defence of his Kingdom, thirdly, the defence of the Church of England. It cannot be a Parliament that will not parley with their King, but keep him in prison, and not suffer him to come to them and parley, and therefore the Law, and sense, and reason, informing every man that is no manner of parliament) the King with whom they should parley being so restrained that they will not parley with him) the army hath no manner of security by this Ordinance; for their indemnification refers to that which is not in being until the King be at Liberty.  
7. It is more than probable that their judges before the last Circuit had instructions to the effect of this Ordinance; 
The Common soldiers second Apology. 6. Grievances of the Army published 15. May last. Three grievances of Col. Riches Regiment.  but they the judges making conscience of their Oath, laid aside the said instructions, and aught, and may, and it is believed will no more regard this Ordinance, than the said instructions: What was done in the last circuit the army well knows, touching many of their fellow Soldiers.  
8. The House's in their first proposition to his Majesty for a safe and well-grounded peace, sent to Newcastle to desire a pardon from his Majesty for themselves: they who desire a pardon, cannot granr a pardon (comonn reason dictates this to every man) and therefore that the army should accept an indemnity for them, who seek it for themselves, or should conceive it of any manner of force, is a fancy; so that no man in the whole army, but may apprehend, that it is vain and a mere delusion.  
9 His Majesty by his gracious message of the 12 of May last, hath offered an Act of Oblivion, and a general pardon to all his people, this done the Law doth indemnify the Army (without all manner of scruple) for any thing that hath been done; for it is an Act of Parl. when the King & two houses concur, and binds all men. I here is no safety by the Ordinance; there is safety by an Act of Parliament: and will not reasonable men prefer that which is safe before that which is unsafe.  
10. His Majesty by his said Letter agrees to pay the arrears of the army; I am sure that it is a public debt, and the chiefest and the first that by the two Houses should be paid, and before any dividend or gratuities bestowed among themselves: for their blood, limbs, and lives have put and kept the both Houses at rest in the power they have: So by this concurrence of his Majesty for your indemnity, and for your arrears, the Army have not an Ordinance, or the Public Faith, but the Law of the Land to make sure unto them their indemnity for all acts, and for their arrears, and therewith also bring peace to the Land.  
11. The Kingdom and people generally desire these things. To such an army just and reasonable things must not be denied; the things formerly proposed are most just and reasonable, you may have them if you will, if you will not, you render this Kingdom miserable; wherein you will have your share of miseries: the head and the body are such an incorporation as cannot be dissolved without the destruction of both.  
The additional Ordinance of both Houses passed the 5. of june instant for the fuller indemnity of the Army, makes nothing at all to the matter. 1. For that it extends not to Felony, Homicide, Burglary, Robbery, or any other capital crime, which is the main business insisted upon, and most concerneth the Soldier's security.  
12. The both Houses in the said additional Ordinance say, 
Mr. Pyms Speech against tho Earl of Strafford. p. 16. Six considerations printed by the command of the House of Commons.  that it is expedient that all offences be pardoned and put in oblivion, pardon and oblivion cannot be understood to be for a time, but for ever; and they themselves confess that an Ordinance is not binding but pro tempore, which with the most advantageous interpretation can be but a reprieve or delay of the execution of the Law, and therefore that cannot pardon or put in oblivion by their own showing.  
But the Law of the Land is, (and so it hath constantly been practised in all times) that no persons of what estate soever, 
27 H. 8. c. 24.  have any power to pardon treason, felony, or any other offences but the King only, who hath the sole and whole power to pardon all such crimes whatsoever. And in the same manner an Ordinance is of no authority at all to take away the right of private men's actions, by any evidence it can give; in truth all the evidence that this Ordinance gives is, that it records to posterity nothing but a lawless and distempered time.  
For remedy thereof I say again, it is a certain truth, this Kingdom without an act of Oblivion, and a general pardon, and the payment of Souldiers-arrears, and a meet regard had to tender consciences, will avoidable be ruined.  
june 10. 1647. DAVID JENKINS' Prisoner in the Tower of London.   

Sundry Acts of Parliament mentioned and cited in the Army's Indemnities, set forth in words at large for the better satisfaction of such as desire rightly to be informed.  25. Edw. Chap. 5. 
A Declaration what offences shall be adjudged Treason.  
WHereas divers opinions have been before this time, in what case Treason shall be said, and in what not: The King at the request of the Lords and of the Commons hath made a Declaration in the manner as hereafter followeth: That is to say, When a man doth compass, or imagine the death of our Lord the King, or of our Lady the Queen, or of the eldest Son and Heir: or do violate the King's companion, or the King's eldest Daughter unmarried, or the Wife of the King's eldest Son and Heir; or if a man do levy War against the Lord our King in his Realm, or be adherent to the King's enemies in his Realm, giving to them aid and comfort in the Realm, or elsewhere, and thereof be probably attainted of open deed by people of their condition: And if a man counterfeit the King's great or privy Seal, or his Money: and any man bring false money into this Realm, sergeant to the money of England, and the money called Lusburgh, or other like to the said money of England, etc.  11. Hen. 7. Chap. 1. 
None that shall attend upon the King, and do him true service, shall be attainted or forfeit any thing.  
THE King our Sovereign Lord calling to remembrance the duty of Allegiance of his Subjects of this his Realm, and that they by reason of the same are bound to serve their Prince and Sovereign Lord for the 〈◊〉 being in his Wars, for the defence of him and the land, against every rebellion, power, & might raised, reared against 〈◊〉 and with him to ●●er and abide in service in battle, if ●ase so require, and that 〈◊〉 the same service what fortune ever fall by chance in the same battle against the mind and will of the Prince (as in this land sometime passed hath been seen) that it is not reasonable, but against all laws, reason & good conscience, that the said subjects going with their Sovereign Lord in Wars, attending upon him in his person, or being in other places by his commandement within this Land or without, any thing should lose or forfeit, for doing their duty or service of Allegiance. It be therefore ordained, enacted, and established by the King our Sovereign, by the advice and assent of his Lords Spiritual and Temporal and the Commons in this present Parliament assembled, and by authority of the same, that from hence forth no manner of person or persons whatsoever he or they be that, attend upon the King and Sovereign Lord of this land for the time being, in his person, and do him true and faithful service of Allegiance in the same, or be in other places by his commandment in his wars within this land; or without, that for the said deed and true duty of Allegiance, he or they be in no wise convict or attaint of high treason nor of other offences for that cause, by Act of Parliament, or otherwise by any process of Law, whereby he or any of them shall lose or forfeit life, lands, tenements, rents, possessions, heriditaments, goods, chattels, or any other things, but to be for that deed and service utterly dischar discharged of any vexation, trouble, or loss. And if any Act or Acts, or other process of the Law hereafter thereupon for the same, happen to be made contrary to this Ordinance, that then that Act or Acts, or other process of Law, whatsoever they shall. be, shall be utterly void Provided always, that no person or persons shall take any benefit or advantage by this Act, which shall hereafter decline from his or their said Allegiance.  
Cap. 24. In the Statute of 27. H. 8. It is enacted that no person or persons of what estate or degree soever they be of, shall have any power or authority to pardon or remit any Treason, Murders, Man slaughters, or any other Felonies, etc. but that the King shall have the sole and whole power and authority thereof united & knit to the Imperial Crown, as of right it appertaineth, etc. And in the same Statute it is enacted further, That none shall have power of what estate, degree, or condition soever they be to make justices of Eyre, justices of Assize, justices of Peace, &c but all such Officers and Ministers shall be made by Letters-Pa●ents under the King's great Seal in the name and by the authority of the King and his Heirs & Successors Kings of this Realm.  
In the first ear of Queen Mary, and the first Chapter, It is enacted by the Queen, with the consent of the Lords & Conmions, That no deed or offence by act of Parliament made treason, shall be taken deemed, or adjudged to be ●igh Treason, but only such as be declared, and expressed to be Treason by the Act of Parliament made 25. Ed cap. 2. before mentioned.   

A Declaration of Mr. David Jenkins, now Prisoner in the Tower of London, one of His Majesty's judges in Wales, for trials of Treasons, Murders, Felonies, and all other, capital crimes, that they ought only to be by Juries, and not otherwise, unless it be by Act of Parliament.  
THe Common Law of this Land is, that every Freeman is subject to a trial by bill of Attainder in Parliament wherein His Majesty and both Houses must necessarily concur, for that trial and attainder is an Act of Parliament to which all men are subject to.  

a Mag. Charta, 19 2 part. inst. fol 28, 29.46, 48, 49▪ 50. composed by Sir Ed. Cook and published by the Order of the House of Commons in May 1641. 4 pars instit. fol. 41.356.  No man shall otherwise be destroyed, etc. but by the lawful judgement of his Peers, or by the common Law of the Land. Peers to Noblemen are Noblemen, Peers to the Comonns are Knights, Gen▪ etc. Judgement of peers refers to peers, those words, The Law of the Land, refers to the Commons; the Law of the Land is for the trial of the life of a free Commoner, by indictment, presentment of good and lawful men where the deed is done, or by Writ original of the common Law, all this is declared in Magna Charta, c. 29, and by 25, Ed. 3. c. 4.28 Ed. 3. c. 3.37 Ed. 3 c. 8.42 Ed. 3. c. 3. If the Lords will try any man by an Ordinance, they destroy that excellent Act of Magna Charta, and all those other good Laws.  
Sir Simon de Bereford a free Commoner of England was condemned by the Lords to death by an Ordinance, which after the Lords better considering the matter, that they might be acquitted of that sentence, became suitors to the King, that what they had done in future time might not be drawn into precedent, because that which they had done was against the Law, 
b Rot. Par. roll. 4. ●. 2 Num. 2. part inst. p. 50 with this agrees Sir john Lees case, Rot. Par. 42. ●. 3. Num. 22.23. 2. inst. f. 50.  with this agrees the practice, and usage of all times in this Land, all the free Commoners of this Kingdom hath always been tried and acquitted or condemned in capital causes by Iurers of their equals.  
An Ordinance bindeth not in Law at all, 
c See 4. p. inst f. 23.48.232.298.292. 2. p. inst▪ f. 47, 48.157.643. 4. H. 7. fa●. 1. H. 7. f. 14.3. p. inst. f. 41.  and but pro tempore, as the two Houses now affirm, a man's life cannot be tried by that which is not binding, and to continue for all times, for a life lost cannot be restored.  
By an Act of Parliament of the 1. & 2. Phil●p and Mary c. 10. It is enacted that all trials for Treason hereafter to be had, shall be according to the course of the Common Law and not otherwise.  
If the crime charged upon any be Treason against the two Houses (against the Parliament it caannot be, for there is no Parliament without the King) That is no Treason in Law, as appears by 25. Ed. 3. c. 2. 11. R. 2. c. 3. 1. H. 4. c. 10. 1. & 2▪ Philip and Mary, c. 10. 3. part of the Institutes, page 23▪  
An Act of Parliament to make any a judge where he is party, is a void act, 
d Dr Bonams' case, 8. part of Cooks Reports.  for none can be a judge and party in the same cause, and therefore the House of Peers being a party touching the crime charged upon any man, whom they would try by an Ordinance for Treason against both Houses, cannot be a judge.  
By the Petition of Right, 
e Petition of Right, 3. C.R.  if any man deserve death he ought to suffer the same according to the Laws of the Land established, and not otherwise; but an Ordinance of the Lords is not established Law.  
The protestation, the Vow and Covenant, the solemn League and Covenant, the Declarations of both houses, had, made and published since this unnatural War, 
3 part inst. fol. 89.  are amongst other things sworn and set down to be for maintenance of the Laws, the people of this land ought to enjoy the benefit of their Birthright, the Law of the Land, and the making good of the said protestation, Vow and Covenant, League and Covenant, and Declarations, otherwise truth must be said and will be said, that there is brought in a new arbitrary and tyrannical government.  
If the Lords have taken one man's life by an Ordinance, they are not bound to take any more, and the case differs in case any appeal be made from a trial by Ordinance to a trial at common Law, which was not done by that man whose life was taken away by an Ordinance.  
The Lords ought to remember that His Majesty and His progenitors have made them a house of peers, they are trusted to counsel him in peace, 
f Nevels case 8 pair Cooks reports.  and defend him in war, his Majesty in Parliament is to consult and treat with the Peers, and with his Council at Law, Judges, his Sergeants, Attorney, and Solicitor, and Masters of the Chancery, the Lords and that counsel by the respective Writ of Summons to Parliament are to give Counsel, 
g 4 pars instit. fol. 4.9. 27 Edw. 3. c. 1.15. 3 part instit. fol. 225.  the House of Commons by their Writ to perform and consent,  
In the House of Lords, the Court of Parliament only is, for they only examine upon Oath, 
h 1 Hen. 7. fol. 10.  with them, the King in person sits, and by them their erroneous judgements 
* 14. H. 3. c. 5  (upon a Petition to his Majesty for obtaining of a Writ of Error) by the advice of the Judges are reversed, or affirmed, etc. The Lords are to remember that their eminency and grandeur is preserved by the Laws, if they leave all to will, and dishonour their King, and make nothing of the Laws, they will make nothing of themselves in the end.  
And therefore, it is well worth your observation what was said by M. john Pym a Member of the House of Commons in his speech against the Earl of Strafford, in the beginning of the Parliament, which speech is published by the express order of the House of Commons, the words are these. The Law is that which puts a difference betwixt good and evil, betwixt just and unjust; if you take away the Law, all things will fall into a confusion, every man will become a Law unto himself, which in the depraved condition of humane nature must needs produce many great enormities: Lust will become a Law, and Envy will become a Law, Covetousness and Ambition will become Laws, 
〈◊〉 1 pal. book deel. pag. 140. 163.  and what dictates, what decisions such Laws will produce, may easily be discerned, i. etc. They that love this Commonwealth, as things now stand, will use all means to procure an Act of Oblivion, a general pardon from His Majesty, the Soldiers their Arrears, and tender consciences a just and reasonable satisfaction, else we must all perish, first or last.  
May 17, 1647 God preserve His Majesty, and the Laws, wherein their Lordships and the whole Kingdom are concerned. David Jenkins prisoner in the Tower of London.   

THE CORDIAL OF judge jenkin's, For the good People of LONDON. In reply to a Thing, called An Answer to the poisonous seditious Paper of Mr. DAVID JENKINS'; by H. P. Barrister of Lincolns-Inne.  
Printed in the Year, 1648.   

The Cordial of Judge JENKINS, for the good People of LONDON.  
AFter the said Mr. H.P. hath made a recital of the heads of my Vindication, he deduced his Answer unto these eight particulars, which follow verbatim.  

1.  
It cannot be denied, but the Parliament sits by the King's Writ, nay if Statute Law be greater than the King's Writ, it cannot be denied but the Parlia, fits, or aught to sit by something greater than the King's Writ: and if it be confessed that the Parl. sits by the kings writ, but do not act by the King's writ, than it must follow that the Parlia. is a void vain Court, and sits to no purpose; nay it must also follow, that the Parl. is of less authority, and of less use than any other inferior Court, forasmuch as it is not in the King's power to control other Courts, or prevent them from sitting or acting.   

2.  
This is a gross nonsequitur, the King's power is in himself; Ergo, it is not derived to, nor does reside virtually in the Parliament. For the light of the Sun remains embodied, and unexhausted in the Glob of the Sun, at the same time as it is diffused and displayed through all the body of the air; and who sees not that the King, without emptying himself, gives Commissions daily of Oyre and Terminer to others, which yet himself can neither frustrate nor elude? but for my part I conceive it is a great error to infer that the Parliament hath only the King's power, because it hath the King's power in it: for it seems to me, that the Parliament does both sit and act by concurrent power, devolved both from the King and Kingdom; and in this some things are more obvious and apparent than in others. For by what power does the Parliament grant Subsidies to the King? if only by the power which the King gives, than the K. may take Subsidies without any grant from the Parliament: and if it be so by a power, which the people give to the Parliament, than it will follow, the Parliament hath a power given both by King and Kingdom.   

3.  
The sending Propositions to the King and desiring his concurrence, is scarce worth an Answer: for Subjects may humbly petition for that which is their strict right and property. Nay it may sometimes beseem a Superior to prefer suit to an inferior for matters in themselves due. God himself hath not utterly disdained to beseech his own miserable, impious, unworthy creatures: besides, 'tis not our Tenet, that the King hath no power, because he hath not all power, nor that the King cannot at all promote our happiness, because he hath no just claim to procure our ruin▪   

4.  
We affirm not that the King's power is separated from his person, so as the two Spencers affirmed, neither do we frame conclusions out of that separation as the two Spencers did, either that the King may be removed for misdemeanours, or performed per asperte: or that the Subject is bound to govern in aid of him: we only say, that his power is distinguishable from his person, and when he himself makes a distinction betwixt them, commanding one thing by his legal Writs, Courts and Officers, and commanding another thing extrajudicially by word of mouth, Letters, or Ministers, we are to obey his power rather than his person.   

5.  
We take not from the King all power of pardoning Delinquents, we only say it is not proper to him quarto modo: For if the King pardon him which hath murdered my son, his pardon shall not cut me off from my appeal; and 'tis more unreasonable, that the Kings pardon should make a whole State which hath suffered remediless, than any private man. So if the King should deny indemnity to those which in the fury of war, have done things unjustifiable by the Laws of peace, and thereby keep the wounds of the state from being bound up, 'tis equitable that an Act of Indemnity should be made forcible another way. And if his will not hold, yet this is no good consequence, the King is, absolute in point of pardons, therefore he is absolute in all things else; and the parliament hath no power to discharge Delinquencies, therefore it hath no power in other matters.   

6.  
The Parliament hath declared the King to be in no condition to governs but their must not be interpreted rigidly, and without distinction; for if the King with his Sword drawn in his hand, and pursuing the Parliament and their Adherents as Rebels, be not fit for all Acts of Government, yet it is not hereby insinuated that he is divested of the habit or right of Governing: if he be unqualified now, he is not unqualified for the future; if he may not do things destructive to the parliament, he is not barred from returning to the parliament, or doing justice to the parliament. This is a frivolous cavil, and subterfuge.   

7.  
We swear, that the King is our supreme Governor over all persons, and in all causes; but we do not swear he is above all Law, nor above the safety of his people, which is the end of the Law, and indeed Paramount to the Law itself. If he be above Law, or liable to no restraint of our Law, than we are no freer than the French or the Turks, and if he be above the prime end of Law, common safety, than we are not free as the French or Turks▪ For if the total subversion of the French or Turk were attempted, they might by God's Law, imprinted in the book of Nature, justify a self-defence; but we must remedilessly perish, when the King pleases to command our throats. Besides, how achieved the King of England such a Supremacy above all Law and the community itself, for whose behoof Law was made? If God's donation be pleaded, which is not special to him, or different from what other Kings may pretend to, then to what purpose serve our Laws, nay, to what purpose serve the Laws of other Countries? for by this general donation, all Nations are condemned to all servitude as well as we. If the Law of this Land be appealed to, what Books hath Mr. jenkin's read, where hath he found out that Lex Regia, whereby the people of England have given away from themselves all right in themselves? Some of our Books tell us, that we are more free than the French; that the King cannot oppress us in our Person● o● Estates, by imprisonment, denying justice: or laying Taxes without our consents. Other Books tell us, that the safety of the people, is the supreme Law, and that the King hath both God and the Law for his Superior. But all this is nothing to learned M. Jenkins.   

8.  
We admit, that no Acts of Parliament are complete, or formally binding, without the King's assent: yet this is still to be denied, that therefore without this assent particularly expressed, the two Houses can do nothing, nor have any virtual power at all, no, not to examine M. jenkin's, nor to do any other thing of like nature, though in order to public justice and safety. I have done, and wish M. jenkin's would call in and lick up again his black infamous execrable reproaches, so filthily vomited out against the Parliament.   

To the first.  
I Was examined by a Committee appointed by the House of Commons: I say, and said that the House of Commons have no power to examine me, for that it is no Court; every Court hath power to examine upon Oath; this power the House of Commons never claimed: The Court of Pyepowders, courtbaron; Hundred court, County court, and every other Court of Record, 
5. H. 4. c. 3. 3 H. 6.46. 19 H. 6.43. ●5 H. 6.5.  or not of Record hath power to examine upon Oath, and an examination without Oath is a communication only: examination in Law is upon Oath.  
There is no court without a power of trial▪ 
Sir Anthony Maynes ●ase. Cook 1. par. Reports. Lit. 2. lib. Sect. 194. 6. H. 4.1.  the House of Commons have no power to try any offence, nor ever practised it by Bill, Indictment, Information, Plaint, or Original Writ, to reduce it to trial, nor to try it by Verdict, Demurrer or Examination of Witnesses upon oath, without which there can be no condemnation or judgement: and that which can attain to no reasonable end, the Law rejects as a thing inutile and useless, Sapiens incipi●a ●ine.  
The Writ whereby they are called gives them power, Ad faciendum & consentiendum: 
● pa●s instit. fol. ●. & 9  To what? To such things Quae ibidem de communi consilio ordi●●● contingerint (viz.) in the Parliament: This makes nothing at all for a Court for the House of Commons: that consilium which that Writ intends, is cleared partly by the Writ for choosing Knights, etc. For the King by that Writ is said to resolve to consult and treat with the Prelates and Peers of the Kingdom, for and touching the great concernments of the Commonwealth (for the King never sits in the House of Commons:) and this also is made evident by the Writs to the Prelates, Peers, Judges, and to his Counsel at Law: The words in the Writ are, To appear and attend the Parliament, Consilium impensuri▪ the one doth con●ulere, the other sacere & conse●tire.  
The House of Lords, where the King sits in person assisted by His Lords, Judges, Sergeants, Attorney, 
7 H. 6.28. 1 H. 7. ●0* 13 Ed. 3. c. 5. 4 pars inst. p. 21.  Solicitor. Masters of the Chancery, is a court of Record to many purposes, set down in the Books of Law, and the Statutes of the Land and that court is only in the House of Lords, where the King sits.  
A court must either be by the King's Patent, Statute Law, or by the common Law, 
Ploughed. Com. 319.  which is common and constant usage: the House of commons hath no Patent to be a court, nor Statute Law to be a court, nor common usage: they have no Journal Book, but since Edward, 6. time, was there ever Fine by the House of Commons estreated into the Exchequer? For murder or Felony they can imprison no man, much less for Treason; that House which cannot do the less, cannot do the greater.  
It is ordained, 
25. ●. 3. c. 4. 3. Car. Petition of Right.  that no man shall be imprisoned or put out of his Franchise by the King or his Council, but upon indictment or presentment of his good and lawful Neighbours, where the deed is done, or by original Writ at the Common Law, and so is Lex terrae the Law of the Land mentioned in Magna Charta, cap. 29. expounded, and the said Magna Charta, and Charta de Forresta are declared by the Statute of 25. E. 1. c. 1. to be the Common Law of the Land. All Judges and Commissioners are to proceed Secundum legem, & consuetudinem Regni Angliae, as appears by all proceed in all Courts, and by all Commissions: and therefore the house of Commons by themselves proceeding not by Indictment, Presentment, or Original Writ, have no power to imprison men, or put them out of Franchise.  
This no way trenches upon the Parliament; 
4 pars instit. p. 1. 3 pars instit. p. 23.  for it is in Law no Parliament without King and both Houses; I have only in my Paper delivered to Mr. Corbet, 
12. H. 7.20: Princes case, 8 Pars Cook. 1 pars instit. p. 159. 14 H. 8.3. Dier 3●. H. 8.60.  applied myself to that Committee, that had not power to examine me, but I never thought, said, or wrote, that the Parliament had no power to examine me. The Law and custom of this Land is that a Parliament hath power over my life, liberty, lands and goods, and over every other Subject, but the House of Commons of itself hath no such power.  
For the Lord Cook's relation, 
1 pars inst. 19 b.  that the House of Commons have imposed Fines, and imprisoned men in Queen Elizabeth's time, and since; Few facts of late time never questioned, make no power nor Court; à facto ad jus is no good argument; for the words of the Statute of 6. H●n. 8. c. 16. that a licence to departed from the House of Commons for any Member thereof, 
4 P. Inst. c. Parl.  is to be entered of Record into the Book of the Clerk of the Parliament, appointed, 
Hobbarts reports fol. 152.  or to be appointed for that House, doth not conclude that the House of Commons is a Court of Records.  
For first, that Law of 6. H. 8. c. 26. handles no such question, as that, whether the House of commons be a court; it is a maxim in all Laws, 
Hobbarts reports, fol. 154.  Le● allied tract●us nil probat, the word (Record) there mentioned, is only a memorial of what was done and entered in a book: A plaint removed out of the County-Court to the Court of the common-Pleas, hath these words in the Writ of remove, Recordari facias loquelam, 
Fitz. Nat. Br. 70. Fitz. Nat. Br. 13. 12 H. 4.33. 34 H. 6.49.  etc. and yet the county court is no court of Record: and so for ancient Demesne in a Writ of false judgement, the words are Recordari facias loquelam, etc. and yet the court of ancient Demesne is no court of Record; and so of a court Baron, the Law and custom of England must be preserved, or England will be destroyed, and have neither Law nor custom.  
Let any man show me, that the court of Lords, or the House of commons in any age hath made any man a Delinquent (Rege dissentiente) the KING contradicting it under his Great Seal. Mi●hell, and others of late were condemned by the prosecution of the House of commons in King james his time; did King james ever contradict it? And so in ancient times, where the House of Peers condemned the Lord Latimer in 50, E. 3. 
4 Parson Inst. Tit. Parlia. p. 23.  The Kings pardon freed him; which shows clearly, that the Kings express or implied assent must of necessity be had to make a Delinquent. The execution of the sentence is in the King's name.  
The Gentl. saith, That the Parliament sits, or aught to sit by something greater than the King's Writ, etc.  
No Parliament did ever sit without the Kings Writ▪ 
4. Pars inst. p. 4. & 6.  nor could ever Parliament begin without the King's presence in person, or by a Guardian of England by patent under the King's Great Seal, the King being in remotis, or by Commission under the Great Seal to certain Lords representing the King's person, and it hath been thus in all Ages unto this Session of Parliament, wherein his Majesty hath been pressed, and hath passed two Acts of parliament, one for a Triennial parliament, and another for a perpetual, if the Houses please, to satisfy their desires; how these two Acts agree one with another, 
4 H. 3. c. 14. 36. H. 3. c. 10. 21. jac. the Act of Limitation of Actions. c. 22.  and with the Statute in Ed●. the Thirds time, where parliaments are ordained to be holden every year, and what mischiefs to the people of this Land such length of Parliaments will produce by protections and privileges to free them and their menial servants from all debts during their lives, if they please to continue it so long, and how destructive to men's actions against them, by reason of the Statute of Limitations, which confines their actions to certain years, and many other inconveniences of greater importance, is easy to understand.  
How can any man affirm, that the two Houses of Parliament do act now by the King's Writ, which relates to counsel and treaty with the King, 
4. p. inst. p. 14. Vow any Covenant, p. 11.  concerning the King, the defence of his Kingdom and of the Church of England, these are three points which it tends to, as appears by the Writ. They keep their King prisoner at Holmby, and will not suffer him to consult and treat with them. They have made a Vow and Covenant to assist the Forces raised and continued by both Houses against the Forces raised by the King without their consent, and to the same effect have devised the Oath which they call the Negative Oath: Is this to defend the King's Kingdom? or their kingdom?  
When by their solemn League and Covenant they extirpate Bishops, Deans and Chapters root & branch, Is this to defend the Church of England? 
3. pars, Cook Dean and Chapter of Norwich.  (that Church must necessarily be meant, that was the Church of England when the said Writ bore test) they were not summoned to defend a Church that was not in being; to destroy and defend the Church are very contrary things; the Church is not defended, when they take away and sell the Lands of the Church.  
The Gentleman saith, The King cannot control other Courts of Justice, or prevent them from sitting, or acting, and therefore not the two Houses, etc. 
14 H. 8.3. 36. H. ●. Dier. 60. 4. p. inst. p. 1.  It is true, the King cannot control or prevent his other Courts, for that they are his ordinary Courts of common Justice, to administer common right unto all men, according to the fixed Laws. The Houses make no Court without the King, they are no Body corporate without the King, nor Parliament without the King, they all make one corporate Body, one Court called the Parliament, whereof the King is the Head, and the Court is in the Lord's House, where the King is present: and as a man is no man without a head, so the Houses severed from the King, as now they are, have no power at all, and they themselves by levying War against the King, and imprisoning of him, have made the Statute for not dissolving, adjourning, or proroguing this Parliament of no effect, by the said Acts of their own: they sit to no purpose without his assent to their Bills, they will not suffer him to consult with them, and treat and reason with them, whereby He may discern what Bills are fit to pass, and what not, which in all Ages the Kings of this Land have enjoyed as their undoubted Rights, and therefore they sit to no purpose by their own disobedience and fault.  
For the ordinary Courts at Westminster, 
27. H. 8. c. ●4. 28. H. 8.11. Dier.  the Judges in all those Courts are Judges by the King's patent or Writ, otherwise they are no Judges: the Houses can make no Judges, 
2. ●. 3.11.  they are no Judges at all who are made by them; the whole and sole power of making Judges belongs to the King: the King cannot control or prevent his own Judges from ●itting and acting, but the Houses He may, for they are not the King's Judges but the judges of the ●● Houses. In his other Courts the King commits his power to his Judges by his patent, and they are sworn to do common right to all men, and the King is sworn not to let them from so doing, the King cannot judge in those Courts, nor control; but the King is both Judge and Controller in the Court of Parliament: Quoad Acts for his assent or dissent doth give life or death to all Bills. Many Lawyers have much to answer to God, this Kingdom, and to posterity, for puzzling the people of this Land with such Fancies, as the Gentleman who wrote the Answer to my Paper, and others have published in these Troubles, which have been none of the least causes of the raising and continuing of them. And so I have done with the first part of this Answer.   

AD. 2.  
For the Non sequitur, in the second Section of the Gentl. Answer, the Antecedent and the Consequent are his own.  
Quem recitas meus est (O Fidentine!) libellus:  
Sed malè dum recitas incipit esse tuus.  
My words are, that the King is not virtually in the two Houses at Westminster, to enable them to grant pardons, for that whole and sole power by the Law belongs to the King: My paper hath no such thing, 
27. H. 8. c. 24.  as that the King's power cannot be derived to others, or the virtue of his power▪ For his power and the virtue of his power, ● in all patents to his Judges, in har●ers to Corporations, in Commission of all sorts, and in the Parliament assembled by force of his Writ of Summons, so long as they obey him: but when they renounce that power, and claim it not from the King, and declare to the Kingdom that he is not in condition to govern, and imprison him, and usurp to themselves all Royal Authority, as the two Houses now do, no reasonable man can affirm that they Act by the power of their Prisoner, who hath no power to give them, that by force of Arms take all power unto themselves.  
The Gent saith, The King grants Commissions daily of Oyre and Terminer, which he cannot frustrate nor elude. The King may revoke and discharge the Commission by his Writ, as he may remove all Judges, and place other men in their room▪ and any King's death determines all the Judges Patents at Westminster Hal, Commission of Oyre and Terminer, &c And so he might dissolve both Houses in all times, 
4. ●. 4.39. 5. ●. 4.4. 1. Eli● Dier 165. 1. Mar. Brooks case 〈◊〉.  by his Writ under the Great Seal, until that in this Parliament, by his own concession, the King of his goodness had secluded himself; which goodness hath been full ill requited.  
The Gentl. affirms, That the power the Parliament hath is concurrent from the King and Kingdom; which, he conceives is proved by the grant of Subsidies to the King by the Parliament. 
4. pars 〈◊〉. pag.  The mistaking of this word [Parliament] hath been mischievous in these times to this Land, and it is affectedly mistaken, which makes the sin the greater, for the two Houses are not the Parliament, as before is declared, and at this time so to inculcate it; when all men know, that of the 120. Peers of this Kingdom, who were temporal Peers before the Troubles: there are now not above 30. in the Lord's House, and in the House of Commons about 200. of the principal Gentlemen of the Kingdom left the House and adhered to his Majesty, who is imprisoned by them, shows no such candour as is to be desired.  
It is true, that no Tallage can be laid upon the people of this Land but by their consent in Parliament, as appeareth by the Laws mentioned in the Margin; but you shall find in M. Seldens learned Book, called Mare clausum, a number of precedents in Henry the Thirds time for Shipmoney justly condemned this Parliament, to the which his Majesty assented; and in truth that Ship-money was condemned before by the said two Statutes of 25. E. 1 & 34. E. 1. de Tallagio non concedendo. 
25. E. 1. confirmatio chartarum c. 6. 34. H. 1. c. 1. de Tallagio non concedendo.  Dangelet, Englishely, and many grievous Burdens were laid upon the people, and born, until that memorable Prince's time. But I am of opinion that the common Law of the Land did always restrain Kings from all Subsidies and Tallages, but by consent in Parliament; which doth appear by Magna Charta the last chapter, where the Prelates, Lords, and Communality gave the King the fifteenth part of their moveables. In truth it is no manner of consequence, because the King cannot take what he pleaseth of the Subject's goods, that therefore they have a concurrent power in Parliament: there have been many Parliaments and no Subsidies granted, parliaments may be without Subsidies, but Subsidies cannot be without parliaments: of ancient times parliaments rarely granted any, unless it were in the time of forr●igne Wars; and in my time, Queen Elizab. refused a Subsidy granted in parliament, and in the parliament of 1. jac. none were granted. The Gentl. should make a conscience of blinding the people with such untrue▪ colours to to the ruin of the King, and people.   

AD. 3.  
The Gentl. affirms, That the sending propositions to the King, and desiring his concurrence, is scarce worth an answer, for Subjects may humbly petition for that which is their strict right & property, etc. The propositions sent to Newcastle, are in print; wherein the two Houses are so fare from humbly petitioning, that they style not themselves his Majesty's Subjects, as appears by the propositions.  
That they have a strict right or property to any one of these propositions is a strange assertion, every one of them being against the Laws now in force. Have the two Houses a strict right & property to lay upon the people what Taxes they shall judge meet? To pardon all Treasons, etc. that is one of their Propositions. Have they a strict right and property to pardon themselves? and so for all the rest of their Propositions.  
These propositions have been Voted by both Houses, the King's assent (they being drawn into Bills) makes them Acts of Parliament: Hath the King no ●ight to assent or disassent? 
12 H. 7 20. 1 jac. c. 1.1. Car. c. 7.  Wa● the sending but a Compliment? All our Law-books and Statutes speak otherwise. This Gent. and others, must give an account one time o● other for such delusions put upon the people.   

AD. 4.  
The Gent. saith, They affirm not, that the King's power is separated from his person, so as the two Spencer affirmed, etc. His Majesty's person i● now at Hol●by under their Guards▪ have they not severed his power from him, when by no power they have left him, he can have two of his Chaplains, who have not taken their Covenant, to attend him for the exercise of his conscience?  
For the three conclusions of the Spencers, 
15. Ed 2. Exilium Hugonis calvin's case 1 E. c. 2.7. pars, ●●ports, 11.  do not the two Houses act every of them? They say, his Majesty hath broken his Trust, touching the Government of his people: They have raised armies to take him, they have taken him and imprisoned him; they govern themselves; they make Laws, impose Taxes, make Judges, Sheriffs, and take upon them omnia insignia summae potestatis: Is not this to remove the King for misdemeanours, to reform per asperte, to govern in aid of him; the three conclusions of the Spencers? Do they think the good people of England are become stupid, and will not at length see these things?  
The Gentleman saith, 
Ploughed, 4. Eliz. 213. the King's Power and his person are indivisible.  They do not separate his power from his Person, but distinguish it, etc. His power is in his legal Writs, Courts, and Officers: when they sergeant the Great Seal, and seal Writs with the same, make Judges themselves, Courts and Officers by their own Ordinances against his consent, declared under his true Great Seal of England (not by word of mouth, letter's, or ministers only), their Seal is obeyed, their own Writs, their own Judges, their own Courts, their own Officers, and not the Kings: The time will come when such strange actions & discourses will be lamented.   

AD. 5.  
The Gentleman goes on, We take not from the King all power of pardening Delinguents, we only say it is not proper to him quarto modo: etc. What do you mean by quart modo? I am sure, Omnis Rex Angliae, solus Rex & semper Rex, can do it, and none else; read the books of the Law to this purpose, collected by that reverend and learned Judge Stanford, 
Stanford. pleas 99 27 H. 8. c. 24. Dier. 163.  from all Antiquity to his time, who died in the last year of King Philip and Queen Mary's Reign, you shall find this a truth undeniable; and this power was never questioned in any Age in any Book by any until this time, that every thing is put to the question: You Gentlemen, who pro●esse the Law, and maintain the party against the King, return at length, and bring not so much scandal upon the Law, (which preserves all) by publishing such incredible things.  
We hold only what the law holds: 
Bract. lib, 3 cap 14. fol. 132. 1. pars Instit. pag. 344. Blow 3. Eliz: 236. 237.  the King's Prerogative and the subjects Liberty are determined, and bounded, and admeasured by a written Law what they are; we do not hold the King to have any more power, neither doth his majesty claim any other but what ●he Law gives him; the two Houses by the Law of this Land, have no colour of power, either to make Delinquents, or pardon Delinquents, the King contradicting: and the Army under Sir Thomas Fairfax (howbeit but Soldiers) do now understand that to be Law, and do now evidently see, and assuredly know, that it is not an Ordinance of the two Houses, but an art of Parliament, made by the King, Lords, and Commons that will secure them, and let this Army remember their exccuted fellow-soldier, and the Law was always so taken by all men until these troubles, that have bego● Monsters of opinions.   

AD. 6.  
This Gentleman says, The Parliament hath declared the King to be 〈◊〉 condition to govern, etc.  
There is no end of your distinctions, I and you profess the Law; show me Law for your distinctions, or l●tter, syllable, or line, in any Age in the books of the Law, that the King may in one time be in no condition to govern, and yet have the habit of governing, and another time he may (viz) when the two Houses will suffer him: the Law saith thus, Vbi lex non distinguit, non est distinguendum.  
He says, The King is not barred from returning to His Parliament, (as he calls the two Houses) he knows the contrary, the whole City knows the contrary, Nos juris consulti sumus sacerdotes, (as Justinian the Emperor hath it, in the first book of his Institutions) and therefore knowledge and truth should come from our lips: Worthy and ingenious men will remember, and reflect upon that passage of that good and wise man Seneca, Non qua itur, sed qua eundum, follow not the ways of the Lawyers of the House of Commons: God forgive them, I am sure the King will, if they be wise and seek it in time.   

AD. 7.  
The Gent says, ●e swear that the King is our supreme Goverour over all persons & in all causes, 
5 Eliz. ch. 1. Cawdreys' case 5 pars, fol. 1.  etc. Why hath he left out the word (only?) for the Oath the Members now take, is that King Charles is now the only and supreme Governor in all causes, over all persons, and yet they keep their only Supreme Governor now in prison, and act now in Parliament by virtue of their prisoners Writ, and by a concurrent power in this Parliament, and by their own strict right and property (as the Gentleman affirms in his Answer) These things agree well with their Oath, 
This Oath is allowed by the common-Law Law of the Land  that the King is the only Supreme Governor in all causes over all persons, This Oath is taken now in the Parliament time by all the Members of the House of Commons, and is required by the Law to be taken in all Parliaments, otherwise they have no power, nor colour to meddle with the public Affairs.  
This Oath being taken in Parliament, that the King is the only and Supreme Governor in all causes, than it follows in Parliament causes, over all persons, then over the two Houses; Let them keep this Oath, and we shall be sure of Peace in the Land▪ and good Lawyers ought to desire peace both for the public good, and their private, and not dishonour that Noble profession, as many do in this miserable time.  
The Gent. says, We do not swear that the King is above all Law nor above the safety of his people; neither do we so swear, but his Majesty and we will swear to the contrary, and have sworn and have made good, and will by God's grace make good our Oath to the world, that the KING is not above the Law, nor above the safety of his people: the Law, and the safety of his people are his safety, his Honour and his Strength.   

AD 8.  
The Gent. concludes, That Acts of Parliament are not formally binding nor complete without the King's assent, yet the Houses have a virtual power with out the King's particular assent, to do things in order to public justice and Safety (viz.) In setting up the Excise, in raising and maintaining of Arms, in Taxing the people at pleasure with Fifth and Twentieth part, Fifty Subsidies, Sequestrations, Loans, Compositions, imprisoning the King, abolishing the Common prayer Book, felling the Churchs' Lands, etc. all these are in order to the public Justice and Safety.  
Mr. H. P. you are of my profession, I beseech you, for the good of your Country, for the Honour of our Science persuade yourself and others, as much as in you lies, to believe and follow the monition and council of that memorable, reverend, and profoundly Learned in the Laws and Customs of the Land, the Lord COOKI, 
3 par. Inst. pag 36.  who writes as becomes a great and a learned judge of the Law (a person much magnified by the two Houses) in these words: Peruse over all Books, Records and Histories, and you shall find a Principle in Law, a Rule in Reason, and a Trial in Experience, that Treason doth ever produce feral and final destruction to the offender, and never attains to the desired end (two incidents inseparably thereunto) & therefore let all men abandon it as the poisonous bait of the devil & follow the Precept in Holy Scripture. SERVE GOD, HONOUR THE KING, AND HAVE NO COMPANY WITH THE SEDITIOUS.   

Conclusion.  
I say again, that without an Act of Oblivion, a gracious General pardon from his Majesty, the arrears of the Soldiers paid, a favourable regard had to tender Consciences, the●e will he neither Truth nor Peace in this Land, nor any mans●cure of any thing he hath.  
By me David Jenkins Prisoner in the Tower.    

A DISCOURSE TOUCHING The Inconveniencies of a Long-continued PARLIAMENT  
A Perpetual Parliament is repugnant to the Act made this Parliament for a Triennial Parliament; for how can every three years a Parliament begin, if this be perpetual, which may be so if the two Houses please?  
2. An adjournment of the Parliament makes no Session, 4 pars; institut. fol. 27. Howbeit, before the adjournment, the KING gives His Royal assent to some Bills. Cookeibid.  
3. There is no Session till a Prorogation or dissolution of the Parliament.  
4. This Parliament, as appe●res by the Act for not dissolving thereof, set down in the printed Statutes of this Parliament, 
Ploughed. come. 33.8. Bro. relation 35. Bro Parl. 86. D●●. 1. Mariae 8  fol. 138. cannot be prorogued or dissolved, but by Act of par liamènt. There hath been as yet no Act of Parliament in that behalf: And therefore all the Acts of this Parliament, are Acts of one Session.  
5. All Acts of one Session relate to the first day of the Parliament, and all the Acts of such a Parliament are acts of one day: so the Act for the Triennial, and the Act for this Perpetual, are two Acts of one day by the Law.  
6. 4 Ed. 3. cap. & 36. Ed. 3. cap. 10. A Parliament is to be hol●en once every year, and more often if need shall be; those Acts are confirmed by the Act for the Triennial Parliament. How doth a perpetual Parliament agree with a Parliament once every year, or with the intention of those Laws? How doth a Parliament every three-years agree with a Parliament for ever, which may be if the two Houses please?  
7. The result is this; attended day in Law this Parliament two acts have passed (for howbeit the one was in 16 Carol. and the other in 17 Carol. yet both in Law are Acts of one day) the one saith there shall be a Triennial Parliament after the end of the sitting of this Parliament: The other, this Parliament shall sit for ever if they please. The one will have a Parliament with an end, the other a Parliament without an end.  
When an Act of Parliament is against common Right or Reason, 
1 Pars. Doct. Bon. hams case. ●o 11 8. 8. E. 3 3.30.33 E. cassa●it, 32. 27. H. G. Anuity 41. 1. Eliz. D●er, 113.  or repugnant, or impossible to be performed, the Common Law shall control it, and adjudge this Act to be void; they are the words of the Law.  
An Act of Parliament, that a Man shall be judge in his own Cause, is a void Act. Hobbart Fol. 120.  
Begin with Common Right. It is against Common Right, that indebted men should not pay their debts: That if any Member of the House of Commons do any Subject wrong by disseising him of his land, or dispossessing him of his goods, or blasting of his fame, or doing violence to his person, that such persons during their lives should not be questioned by a Privilege of Parliament, and that extended also to many other beside themselves, common right doth abhor these Enormities, which a perpetual Parliament doth beget, besides the utter destruction of all men's actions, real, personal, or mixed, 
21. jac, c. 16.  who have to do with Parliament-men, by the statute of Limitation, which confines Suits to certain years.  
For Common Reason. Parliaments were ordained for remedies to redress public greivances, it is against reason they should make public and insufferable Grievances. The Law of the Land allows no protection for any men employed in the service of the Kingdom but for a year, to be free from Suits, and in many Suits none at all, howbeit he be in such service, 
39 H. 6.39.  but a Parliament perpetual may prove a protection, not for a year, but for ever, which is against all manner of reason.  
For impossibility. The death of his Majesty (whose life God prolong) dissolves 〈◊〉 necessarily; for the Writ of Summons i●, Carolus Rex in hoc individuo, and Carolus Rex is in this particular, habiturus colloquium & tractatum cum prelate is & proceribus, etc. King charles being to have conforence and Treaty with his Prelates and Peers; carolus Rex cannot have colloquium et tractatum, Conference and Treaty when he is deceased, 
2 H. 5. Cook title Parl. 3. pars  and therefore it is as impossible for any Parliament to continue as long as they please, as for a Parliament to make a dead man alive.  
For Repugnancy. That which is but for a time cannot be affirmed to have continuance for even, it is repugnant.  
The end of the Act 17 Caroli Regis, which is to continue at pleasure, is in the said act expressed to be to raise credit for Money for these three purposes. First, for relief of his Majesty's Army and People in the North. Secondly, for preventing the imminent danger of the Kingdom. Thirdly, for supply of other his Majesty's present and urgent occasions. These ends are ended, the relief of that Army, the imminent danger supposed was six year's ago●, the supply of his Majesty hath been a supply against Him; take away the end, the means thereto are to no purpose; 
Sir Anthony Manes case, 5. pars 1. H. 4.6. Littl. cap. Villain.  take away the cause, the effect ceaseth; and therefore the three ends of this Act being determined, it agreeth with Law and reason, the Act should end, the Law rejects things unprofitable and useless.  
A perpetual Parliament (besides that it incites men to selfe-ends, destructive of the public, of which the whole Kingdom hath had sufficient experience) will be a constant charge to the Kingdom; for that every County and Borough, who send Members to the Parliament, are by the Law to pay Wages to their Parliament-men, which to many Counties will amount above some Subsidies yearly: there are many poor Borough-Towns in each County of this Kingdom, who being to maintain two Burgesses in Parliament, will be quickly beggared, if the Parliament have no end, for all which reasons it is clear, that such long continuance of Parliaments will instead of a remedy (which is and aught to be the proper and true ends of Parliament) become an insufferable Grievance and Oppression to all the People of the Land.  
The Writ of Summons this Parliament is the Basis and Foundation of the Parliament. If the foundation be destroyed the Parliament falls. The Assembly of Parliament is for three purposes. Rex est habiturus colloquium & tractatum cum Praelatis, magnatibus et proceribus super arduis negotijs, concernentibus, 1. nos. 2. Defensionem regninostri. 3. defensionem Ecclesi●●-Anglica nae. This parliament hath overthrown this foundation in all three parts, 1. Nos. The King they have Chased him away, and imprisoned him; they have voted no prelate's, and that a number of other Lords, about forty in the City must not come to the House, and about forty more are out of Town, the colloquium & tractatus are made void thereby. For the King cannot consult and treat there with men removed from thence. 2. Defensionem regm●nostri, that is gone; they have made it their Kingdom, not His, for they have usurped all his Sovereignty. 3. Defensionem Ecclesiae Anglican● that is gone, that Ecclesia Anglicana must be understood necessarily that Church, that at the test of the Writ was Ecclesia Anglicana, they have destroyed that too, So now these men would be called a Parliament, having abated, quashed and made nothing of the Writ whereby they were summoned and assembled. If the Writ be made void, All the Process is void also: that House must needs fall where the Foundation is overthrown, Subla●o fundament opus cadit, the foundation being taken away the work falls, is both a Maxim in Law and reason.  
For some years past, there is no crime from treason to trespass, but they are guilty of all treasons, Felonies, Robberies, Tresspasses are c●ntra pacem, coronam & dignitatem Regis, against the Peace Crown and Dignity of the King; as appears by all Indictments in all Ages. Pax Regis, the King's peace, Corona Regis, the King's crown, Dignitas Regis, the King's dignity, are all trod under foot, and made nothing; Pax Regis, the peace of the King is become a War against the King, his Dignity put into Prison, and, the Crown put upon their own heads.  
All the Judges of England have resolved, that Noble Men committing Treason have forfeited their office and Dignity; 
Nevil's case 7. part 34.2. jac.  their office is to council the King in time of Peace, to defend him in time of War, and therefore those men against the duty and end of their Dignity taking not only council, but Arms also to destroy him, and being thereof attaint by due course of Law, By a tacit condition annexed to the estate of their dignity, have forfeited the same, they are the words of the law, and therefore they have made themselves incapable to be Members of the upper House.  

The Oppressions of the People.  
Briberies, Extortions, Monopolies, aught to be inquired after by the House of Commons, and complained of to the King and Lords, What have they done?  
The House of Commons cannot by the Law commit any man to prison who is not of the said House, for Treason, Murder, or Felony, o● any thing but for the disturbance of the public peace, by the privilege of the whole Body.  
They have no power by the Writ which the King issueth to elect and return Members of that house, so to do. For the Writ for them is only ad faciendum & consentiendum, to those things, where of his Majesty shall consult and treat with his Prelates and Nobles, & d● communi consilio regni shall be there ordained, as appears by the Writ. Here is no separate power given over the King's people to them but only ad faciendum & ●onsentiendum and in all times this ●●th been expounded and restrained to that which concerned their own Members in relation to the public Service, 
4. pars inst. 23, 24, 25.  as they are Members of the corporate Body of the Parliament, where of the King is the Head.  
But that the House of Commons have committed any man for Treason, Murder or Felony, or for any offence that had no relation to a Member of the House of Commons, as it is against Law and reason, so no instance can be given till this Parliament.  
All Questions and Trials where witness are examined, 
19 H. 6.43.22. E: 4.22.5. H. 4. c. 8.3. H. 6.46.  the Examination is upon Oath by the Law, by all our Books, Statutes, every day's practice. Examination without an Oath is but a lose discourse, therefore the House of Commons not claiming power to give Oath have no power to examine any man.  
No man shall be imprisoned by the King or his Council, 
25. E. 3. c, 4. Petition of Right. 3 Car.  unless it be by indictment, presentment of his good and lawful Neighbours where such deeds be done, in due manner, or by process made by Writ original at the Common Law; this Statute rehearses Magna Charta, p. 29. & expounds Lex terrae, the Law of the Land there mentioned: this Law binde● all men, and the House of Commons (for they say they are of the King's Council) in all points, but only against the disturbers of the service of the Parliament; and therefore the Imprison meant of several persons who are not their Members, & for no disturbance to their Members, is utterly against the Law of the Land, and the Franchise of the Freemen of this Realm.  
Cui non licet quod minus, non licet quod Majus; he who may not do what is less, may not do what is greater; they cannot commit a man for murder or Felony, much less for Treason.  
No Court can fine and imprison, 
8. pars, Cook 120 27. H. 6 8.  but a Court of record, the House of Commons is no Court of Record, the House of the Lords where the King is in person, his Nobles and his judges, and Council at Law, the Masters of the Chancery assisting, is a Court of Record, and that is the Court of Parliament, where the Colloquium & tractatus is. The House of Commons may present Grievances, grant or not grant Aides, consent or not consent to new Laws; but for fining or imprisoning any but as aforesaid, is but of a late date, and no ancient usage: They have no journal Book, but since Edw. 
21. E. 4. fol 46.  6. time 6. Hen. 8, cap. 15. doth not prove the House of Commons to be a Court of Record, it mentions only to be entered on Records in the Book of the Clerk of the Parliament if any members depart into the Country. 
Commons in Parliament ne sont judges.  There is no Journal but since Edw. 6. time and that is a Remembrance or memorial, as 12. H ●4. 23.  
The whole Parliament is one corporate Body, consilting of the Head and three Estates: The Court is only there where the Consilium & tracta●us is, where the consult and ●reaty is with the King, which is in than House of Lords only.  
The House of Commons claim not to examine upon Oath any Man's no Court can be without a power to give an Oath, Courts Baron, 
14. H. 8.3.36. H. 8. Dier 60.4. par●, inst cap. 1  Court of Pipowders, County Court, may and do give Oath▪ no Court can be without a power to try, no trial can be without Oath; and therefore the house of Commons not claiming power to give an Oath, can bring no matter to trial, and consequently can be no Court.  
The behaviour of the Commons at a Conference with the Lords 〈◊〉 the Commons are always uncovered, and standing, when the Lords fit with their hats on, which shows they are not Colleagues in judgement: for fellow-judges own no such reverence to their Companions.  
When was ever Fine imposed by the House of Comm●●s ●●●●ted in the 
11. H. 4. c. 11.  Exchequer? The ejecting of a Member, who hath sitten, is against the Law: for they cannot remove a man out of the House unduly returned, much less a man returned duly.  
By these Laws it appears, 
2. H. 4. c. d. 1. H. 5. c. 1. 8. H. 6. c. 7 23. H. 6. c. 15.  that if any undue return be made, the person returned is to continue a Member, the Sheriff's punishment is 200. l. one to the King, another to the party that is duly elected, Imprisonment for ●●year without Ball or Mainprize; and that person who is unduly returned, shall serve at his own charge, and have no benefit at the end of the Parliament by the Writ Desolutione feodorum Militum, ●ivium & burgensium Parliament. And the trial of the falsity of the return, is to be before the Justices of the Assizes in the proper County, or by action of Debt in any Court of Record. 
3 Ed. 4.20 5 Ed. 4.41  This condemns the Committee for undue Elections, which hath been practised but of late times; for besides these Laws, it is against a Maxim in the Common-Law: an Averment is not receivable against the return of the Sheriff, for his Return is upon Oath, which Oath is to be credited in that Suit wherein the Return is made.  
The said Statures condemn and make those Members no Members, which were not resiant in the County and Boroughs, for which they were elected, at the time of the teste of the Writ of the summons of the Parliament, and any abusive practice of late times to the contrary is against the Law, and ought not to be allowed.   

Assault upon Parliament men.  
If a Parliament-man, 
5 H. 4. c. 6.11. H. 6. c. 11.  or his Menial Servant be aslaulted, beaten, or wounded, in the Parliament time, proclamation shall be made where the deed is done, that the Offender shall render himself to the King's Bench, within a quarter of a year after proclamation made, & the offence there to be tried, for Default of appearance the Offender is declared, attainted of the Misdeed, and it is accorded that thereafter it be done likewise in the like case.  
Serving of process upon a Lord of the Parliament punished in the Lord's House. 
Bogo de Clare 18. E. 3.4, pars inst. fol. 24 Io Thorn. sbyes case, Clerk of the Parl. punished ibid. 10. E. 3   
Serving of process upon Thornsby inquired of in the Chancery, and there the Offenders were convicted.  
The premises prove, that breaches of privilege of Parliament may be punished else were then in Parliament.  
Upon all this Discourse, it is easy to decern what fruits may be expected from this Parliament, continuing as long as the two Houses please, and that there is no safety for this commonwealth, but by the observations of their ancient Franchises, customs, and Laws.   

Conclusion.  
I Say again, that without and Act of Oblivion, a gracious general pardon from his Majesty, the arrears of the Soldiers paid, a favourable regard had to tender consciences, there will be neither Truth nor Peace in this Land, nor any man secure of any thing he hath:    

AN APOLOGY FOR THE ARMY, Touching the eight Quaeres, etc.  
LONDON, Printed in the Year, 1648.   

AN APOLOGY FOR THE ARMY.  
THese Treasonable and insolent Queries make the Army the houses Subjects, and not the Kings. 
Bracton, fol. 118. Stamford, fol. 2.  None by the Laws of this Land can in this Kingdom have an Army but his Majesty.  
It appears, the Army doth now evidently perceive, that they were misled by the specious pretences of Salus populi, the maintenance of the King's Honour, and of the maintenance of the Laws of the Land, and Liberties of the Subject, to take up Arms against their natural Liege Lord and Sovereign the King: the people is the Body, the King is the Head; 
Mag. Chart. c. 1. & vit. 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 Laws 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 laws of the land? Doth Excise, the Fifth and Twentieth parts, Meal-money, and many more Burdens which this Land never heard of before, maintain the Liberties of the people? You and that party of the two Houses, made the Army by several Declarations before Engagement, believe that you would preserve the King's Honour and Greatness the Laws and Liberties of the people: The Army and the whole Kingdom now facta vident, see your Actions, and have no reason longer to believe your Oaths, Vows, and Declarations; and since that party in the two Houses refuse to perform any thing according to their said Oaths, Vows, And Declarations, the Army and the Kingdom may and aught, both by your own principles, and the Laws 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 pernicious Designs, fix not upon the Army, but upon you, and the prevailing party in both Houses. 
3 par. Inst. f. 12.39. El. 1 jac. ibi. 3, & 3. E. 6. c. 3 11. 〈◊〉. 7. c. 1.   
The solution of the second Quaere.  
The Army, to their eternal honour, have freed the King from imprisonment at Holmby. It was High Treason to imprison his Majesty: To free his Majesty from that imprisonment was to deliver him out of Traitorous hands, which was the Army's bounden duty by the Law of God and the Land. That party refused to suffer his Majesty to have two of his Chaplains for the exercise of his Conscience, who had not taken the Covenant; free access was not permitted; doth the Army use his Majesty so? all men see that access to him is free, and such Chaplains 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 King's Honour, common safety, and the preservation of Laws and Liberties; which how made good, hath been showed before, and all the people of the Kingdom do find by woeful 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 adjourn themselves. Two Houses and a Parliament are several 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 chief 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 Parlour 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 appear, that without the KING there can be no colour 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 public Money among themselves, and that party endeavours to bring in a Foreign Power to invade this Land again. If they be no Parliament, as clearly they are none without his Majesty, they have no priv●ledges, but do exercise an Arbitrary, Tyrannical 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 lawful for every Subject, who suspects the Offender, 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 public precedent, like to conjure up a spirit of universal 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 universal disobedience against his Majesty, your and our only Supreme Governor, but you, and that party in 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 Laws of the Land, against the petition of Right, devised in Scotland, wherein the first Article is to maintain 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 believe the Army took 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 , and guilty of the highest Crime.  
The Writer of these Quaeres seems to profess the Laws; Let him declare what Act of Parliament doth justify the tendering, 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 maintain which the Law of Nature, and the Law of the Land hath obliged them. The Oath of the Covenant makes the Houses supreme Governors in causes Ecclesiastical; the Oath of Supremacy makes the King so: and yet both taken by the same persons, at the same time. What credit is to be given to persons who make nothing of Oaths, 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 merciful to this Land for these Oaths.  
It is a sad thing to consider that so many Gentlemen who profess the Laws, and so many worthy men in both Houses should be so transported as they are, knowing that the Laws 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 Kingdom 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 discern that this is a high desperate and impious madness.  
Be wise in time: Without the King and the Laws, you will never have one hour of safety for your Persons, Wives, Children or Estates. Be good to yourselves and to your posterities, apply yourselves to be capable of an Act of Oblivion, and of a general Pardon, and to be able and willing to pay the Soldiery, and to allow a reasonable liberty for men's consciences; and God will bless your endeavours: and the people (to whom you are now very hateful) 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, Whereas the most abominable Tyrant, horrible, odious & arrant false Traitor John Cade calling and nameing himself sometime Mortimer, sometime Capt. of Kent. which name, fame, acts and feats are to be removed out of the speech and minds of every faithful Christian man perpetually, falsely and tralterously purposing, and imagining the perpetual destruction of the Kings said Person, & final subversion of this Realm, taking upon him Royal Power, and gathering to him the King's people in great numbers, by false subtle imagined language, and seditiously making a stirring Rebellion & Insurrection, under colour of justice, for Reformation of the Laws of the said King,, robbing, stealing and spoiling great part of his faithful people. Our said Sovereign 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 Sovereign Lord the King; and that all his tyranny, acts, feats and false opinions shall be voided, 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, 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 Westm. 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, annulled, and destroyed for ever, as a thing purposed against God and Conscience, and against his Royal Estate and preeminence, and also dishonourable and unreasonable.  
Now we are to examine who hath trod in the steps of jack Cade, you and the present prevailing party of both Houses took upon them, and do take all the Royal power in all things; so did jack Cade; as appears 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) jack Cade did likewise so purpose; The said party in the two Houses made a stirring under colour of Justice for reformation of the Laws: so did jac Cade; The Army do not so but desire that the Laws should be observed: lack Cade levied war against the King, The Army preserves Him: jack Cade died a Declared Traitor to his Sovereign Lord the King; this army might have lived to have the glorious true Honour of being restorers of their King.  
Simon Sudbury Archbishop of Canterbury was murdered by Jack Straw William Laud Archbishop of Canterbury was likewise murdered by that party of the two Houses, 
25 Ed. 3, 4.28. Ed. 3.3: Petition of Right.  for that an Ordinance by Law cannot take away any man's life, and his life was taken away by an Ordinance of the two Houses, the army had no hand in it. Many misted by jack Straw, perceiving his Traitorous purposes, fell from him: and as that was lawful, just, and honourable, so it is for this Army to adhere to their natural King, and so endeavour to settle the Kingdom again in the just Laws 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 appears, that the Gentleman's Discourse touching jack Cade, fastens altogether on his party, and cleareth the Army.  

To the iv which is resolved thus.  
The Arrears of the Army (howbeit it is the least thing they look after) yet being not paid them, it is by the Law of the Land a sufficient cause to leave and desert that party in the Houses: a person who serves in any kind, and is not paid his Wages, the desertion of that service is warrantable by the Laws of the Land: You say, the Houses will reform all things when the Army doth disband. 
Fitz. N, B 159 9 Ed. 4, 20.38 H. 6, 27 23▪ Eliz. Dier, 369.  Who will believe it? Will any believe that the settling of the Presbytery will do it? Will any believe that his Majesty will pass the propositions sent to Him to Newcastle? Will any man believe that this Kingdom will ever be quiet without his Majesty and the ancient and just Laws? Can the Members of the Army conceive any of them to be safe in any thing without a pardon from his Majesty? Have they not seen some of their fellows hanged before their eyes, for actions done as Soldiers? Shall the Kingdom have no acount of the many Millions received of the public Money, Will the Members of the Houses accuse themselves? Shall private and public Debts be never paid? Shall the Kingdom lie ever under burdens of oppression and Tyranny? There is no visible way to remedy all these Enormities but the power of the Army.   

To the V which is solved thus.  
The Kingdom hath better assurance of Reformation from the Army, than from the Houses, for that in their Military way they have been just faithful and honourable, they have kept their words; That party of the Houses have been constant to nothing but in dividing the public Treasure among themselves, and in laying Burdens upon the people, and in breaking all the Oaths, Vows, and promises they ever made; As the Army hath power, 
2 & 3 E 6. c. 2. 11 H 7, c. 1. Calvin's case, 7. pars, Cook, fol. 11  so now adhering to the King, all the Laws, of God, Nature, and Man, are for them, their Armies are just, and blessed; and the King is bound in justice to reward his Deliverers with honour, profit, and mere Liberty of conscience.   

To the VI Quaere.  
All the sixth Quaere contains calumnies cast upon the Army; the new Elections are against all the Laws mentioned in the Margin, and are against the Ejection of the old Members, and by this it may be judged, 
11 M 4, c. 1 1h, 5, 0, 1.8. h, 6, c. 7 23, h. 6, c. 15.  what a House of Commons we have, By the said Laws it appears, that if any undue return be made, the person returned is to continue a Member, the Sheriff's punishment is two hundred pounds, one to the King, and the other to the party that is duly elected; Imprisonment for a year without Bail or mainprize, and that person who is unduly returned shall serve at his own charge, and have no benefit at the end of the Parliament, by the Writ De solutione Militum, Civium, & Burgensium Parliament. And the trial of the falsity of the return, is to be before the Justices of Assizes in the proper county: or by action of Debt in any Court of Record. This condemns the Committee for undue Elections, 
3. Ed. 4.20.5. Ed. 4.42.  which hath been practised but of late times, for besides these Laws, it is a-Maxime of the Common Law, art Averment is not receivable against the return of the Sheriff, for his Return is upon Oath, which Oath is to be credited in that Suit wherein the Return is made.  
The said Statutes condemn Elections of such men who were not res●ant and dwelled in the County or Boroughs for which they were returned; and any abusive practice of late times to the contrary, is against the Law, and ought not to be allowed.   

To the VII. Quaere.  
The Quaerist saith, that the Votes of the Independents in the Houses were arbitrary, exorbitant, and irregular, and that they disposed and singred more of the common Treasure than others; That whole Quare, I believe is false and slanderous; and the Author ought to make it good, or else to undergo the Law of Talnio; 
37. Ed. 5. c. 17.  which is to suffer such punishment failing of his poof as the accused should in case of proof made   

To the VIII. Quaere  
This Quaere is all minatory and threatening, and the contrary of every part is true, by the deliverance of the King and Kingdom from the bondage of that party in the 2 Houses by the Army, their renown will be eversasting, they secure themselves, they content and please the Kingdom, City, and Country, as appears by their confluence to see his Majesty and the Army, and their acclamations for his Majesty's safety and restitution, all which doth evidence to every one of the army, how acceptable the intentions of the Army are to the people of this Land, who have been so long enthralled.  
Sir Thomas Fairfa●, let your Worthiness remember your extraction and your Ladies, by the grace and favour of the Prince, to be in the rank of Nobility▪ Remember what honour and glory the present Age and all posterity will justly give to the Restorer of the King to his Throne, of the Laws to their strength and of the afflicted people of this Land to peace: Let the Colonels and Commanders under You and likewise your Soldiery, rest assured, that they shall not only share in the renown of this Action, but also shall have such remuneration as their haughty Courage and so high a virtue doth deserve. This his Majesty can and will do, the Houses neither will nor can: and God bless you all and prosper you.  
I Conclude all, as I have always done. without an Act of Oblivion, a general pardon, the arrears of the Soldiery paid, and a regard to Liberty of conscience, this Kingdom will certainly be ruined.    

judge jenkin's PLEA delivered into the Earl of Manchester, and the Speaker of the House of COMMONS, Sitting in the CHANCERY at WESTMINSTER, Which was read by their Command in open Court, the 14th of Febr. 1647. And there avowed.  
By DAVID JENKINS' Prisoner in NEWGATE.  
LONDON, Printed In the Year, 1648.   

Judge Jenkin's PLEA Delivered in to the Earl 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 Affairs of the Chancery.  
I cannot, nor aught, nor will submit to this power; I am a Judge sworn to the Laws. The Law is, First, that this Court is C●ram R●g● in Cancellaria, 
4 pars instfol. 79 ● E 4, fol 5 ● E 4, f, 15  Secondly the Chancellor or Keeper of the great Seal is by delivery of the Great Seal 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 Soucraigne 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 Counsel the King and his Count cell to conceit 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 infarre as he may let it.  
5. If he may not let it, be shall ma● it clearly and expressly to be known t● the King with his advice and coun● sell.  
6. And that be shall do and purchase the King's profit in all that he reasonably may as God him help, and the contents of God's book.  
The said Commissioners among others have Imprisoned their King, 
Declar. 17 jan. 1647  have declared to the Kingdom 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 Seal which belonged by the Law to the King's custody.  
These Commissioners have had no Seal 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 Laws of this Land, these Commissioner, have neither Court, Scale, or Commission, and therefore I ought not against ●he Laws, against my knowledge, and against my conscience submit to their power.  
To affirm that they maintain the King's power and authority in relation to His Laws (as they often do) and restrain only his person is strange.  
They must be remembered that the House of commons this Parliament gave in charge to Mr. Solicitor upon the prosecution of the Bill of attainder against the Earl of Strafford, 
M. Sol●●tor pag. 2●.  to declare the Law to be, that Machination of war against the Laws or Kingdom, 
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 inseparable in their condition be it good or evil; he is the Head, they are the body, there is such an incorporation as cannot be dissolved without the destruction of both. This agrees with our Laws, 
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. Solicitor, and discourse of Mr. Pim, directed by the House of Commons are contained the true rights, liberties and laws of the people deduced from our Ancestors in all ages, & wherein there is no line or word but is agreeable to the Laws, and is a necessary and useful 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 been followed, we had not been so miserable as we are; neither had these great eville ensued, for the which the Land mourns.  
In this Month of February, 
Collect, of Ordinances, 1 pars fol, 66 67 81  six years now past, the only 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 quarrel: the King and his progenitors have had it in all Times, the Laws 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 Laws deny it them; for the time they have had it, our pressures have been miserable.  
His Majesty hath a numerous Issue, and so hath his Father: many great persons of England, and Scotland are of the Blood Royal, and all the Kings of Christendom are of the same Blood, so long as the Laws 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 yourselves, restore our King, receive from Him an Act of Oblivion, a general pardon, Assurance for the Arrears of the Soldiery, and meet satisfaction to tender consciences.  
February 12. By David Jenkins, 1647. Prisoner in Newgate.   

THE ANSWER OF judge jenkin's, TO THE IMPUTATION PUT UPON HIS PLEA IN CHANCERY Which was read in open Court the 14 of Febr. 1647. And avowed by David jenkin's Prisoner in Newgate  
Printed in the Year 1648.   

THE ANSWER OF judge jenkin's, TO THE IMPUTATION Put upon him in CHANCERY.  
I Have no disposition, nor ever had, to be known by any public Writing: these miserable Times, which fill many men's mouths, and most men's ears with notorious Untruths, thereby to blast and destroy the King's Sacred Majesty, his Laws and Government, and to bring in a confusion; enforceth me at this time (who formerly have written nothing but for the public) to let the World know how unjustly the Pamphleter of this Week, Licenced 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 seventeen years passed made his Will, and declared by the same his Son (being then of very tender years) a Ward to his Majesty, and made him Executor, and myself during his minority, (referring to his Wardship,) to Administer his Estate personal and testamentary, and to be accountable to his Son when he came to Age: And seventeen years since the Father died.  
This Estate consists in a Stock of Sheep, so disposed by me as the number are yet continued, and for the number and condition, they were at their delivery bacl, 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 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 paid.  
The Land descended, and aught upon Sir Edward Thomas, my consirs' Heir at Common-Law; so that Mr. Ernley, the Plaintiff in Chancery, hath no colour for the Land: For my young Cousin died without issue about 17. years old, and could not dispose of the Inheritance of any Land, by a pretended Will. The stock of Sheep remains, if the Plaintiff and the Reformers have not Plundered them, for the Money it came all to the Court, it was to satisfy the King for the Marriage.  
The colour the Plaintiff hath, is this; After the death of my old 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 paid, 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 died about 17. years of age, since these confusions without issue; and some hour before my young Cousin's death (who died of a pestilent Fever) 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 Friends, the Reformers.  
Whether such wills were made or no, must receive an equal 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 maintain 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 for many ages hath left the same to the decesion of the Civil and Canon Laws, in the Bishop's Courts: That Law, (as Justinian hath it in the second Bood of his Institutions, the 12. chap.) is, Impuberi non licet testari: this Pubertas gins at 14. it is Plena pubertas at 18 years of age: The question is, whether this jus testandi is in pubertate plena, or pubertate inceptâ. Pigot's Case, 5. part of Cook's 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 since denied. 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 book 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. years, 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, they have, before they be 21 years of of age.  
It seems also more reasonable, because infants at 18 years have by the intendment of Law, as they grow in years, more use of reason, to discern what is fit for them to do and act. And for a mere 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 died six years since without issue (being 17 years of age) and that any part of his part of his estate should go that way by a course of Equity unless 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 Licenced Historiographer of theirs, hath published the 16 of this present Month of February, 1647. that I out of a desire to keep the Estate have in a suit in the Court of wards, in my Cousin's life time, pleaded to the jurisdiction of that Court. It is true, I 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 himself, 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 personal 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 business.  
That I declined not the Jurisdiction of the Chancery, to keep an Estate in my hand, appears, by my declining long since 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?  
I desire the good people of this City to observe what notorious Untruths their Licenced Historigraphers publish, to delude the people: In this particular case they publish.  
First, That the Suit against me, is in the behalf of an Orphan: M. Earnely (who is Plaintiff 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 illegal; and that the judges had no power to t●y me, the KING being absent; Another notorious untruth! For I protest to God, all that I said was only this, God preserve the KING and the, Laws.  
Thirdly, it is said that coming to the Bar, I stirred not my Hat; All the Lawyers then at the Bar 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 Orphan's estate; As there is no truth in it, so it is most untrue that the said Lord so said (as all men present can testify.) The truth is, they care not what they do, what they say, what they swear, nor what they writ; Witness the Declaration of a prevailing party of the H. of Commons, of the 11 of 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, fearful to his enemies, and beloved of his Subjects; and yet now, after 22. years, they would insinuate to the people, that this King, whom they have so much magnified, hath poisoned his own Father.  
Fiftly; it is a public 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 party only to be the 
* Their licenced 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 believe their five senses; how it was with them seven years ago, and before, during his Majesty's 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, since those men (whom nothing would satisfy, but all Power both by Sea and Land, which in truth is the 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 Kingdom 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 general Pardon, assurance for the Arrears of the soldiery, and meet satisfaction for tender Consciences.  
DAVID JENKINS,   

judge Ienkin's Remonstrance TO THE LORDS AND COMMONS OF The two HOUSES of PARLIAMENT at WESTMINSTER the 21. of February 1647.  
By DAVID JENKINS Prisoner in Newgate.  
Printed in the Year 1648.   

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 Books: which Order they may find printed in the last Leaf of the second part of his Institutes, in these words viz.  
Die Mercurii 12. May 1641.  
Upon Debate this Day in the Commons House of Parliament, the said House did then desire & held it fit, that the heir of Sir Edward Cook should publish in print the commentary upon Magna Charta, the pleas of the Crown, and the jurisdiction of Courts, according to the intention of the said Sir Edward Cook, and that none but the Heir of the said Sir Edward Cook, or he that shall be authorized by him, do presume to publish in print any of the foresaid Books, or any Copy thereof.  
H. Elsing Cler. Dom. Com:  
And I do further desire them that they would read and peruse M. Solicitor Saint-Iohn, and M. John Pym, their Books, published likewise this Session, Whose Titles are as followeth viz.  
An Argument of Law concerning the ●ill of Attainder of High Treason of Thomas Earl of Strafford.  
At a Conference in the Committee of both houses of Parliament.  
By M. Saint John his Majesty's Solicitor General.  
Published by Order of the Commons House.  
London, Printed by G. M. for Jo. Bartlet, At the Sign of the Gild Cup near S. Augustine's gate in Paul's Church yard. 1641.  
And the Speech or Declaration of john Pym Esquire.  
After the Recapitulation or Summoning up of the charge of High Treason against Thomas Earl of Strafford, 12 April. 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 Books of Law published by their command this Session, and agreeable to the Books of Law, and Statutes of this Realm 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 own case.  
3. I desire the benefit of Magna Charta, the Petition of right, & other good Laws of this Land, which ordain that all men's Trials should be by the established Laws, 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 Parson just fol 47, 48 157, 143 4 par instit: 23, 232, 298 4 H, 7, 18  by their own confession; and by the Books of the Lord Cook, 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 do set down for the Law of the Land in my 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 Solicitor Pag. 12  
3 part instit pag 9  
M Pym, p. 28  
3 part instit. 3 10, 12, 16  
3 part instit pag 9  
M Solicitor p, 0, 10, 136  
M Solicitor pag 9  
M Solicitor pag 9  
M Solicitor pag, 23  
4 pars 4 inst● p, 125  
justice 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 Counsellors from the King by force is High Treason.  
3. To alter the established Laws in any part by force is High Treason.  
4. To usurp the Royal Power is High Treason.  
5. To alter the Religion established is High Treason.  
6. To raise rumours and give out words to alienate the people's affections from the King, is High Treason.  
7. To sesse Soldiers upon the people of the Kingdom without their consent, is High Treason.  
8. The execution of paper orders by Soldiers in a military way, is high Treason.  
9 To coanterfeit the great Seal, is High Treason.  
10. The Commission of Array is in force and none other.  
11. None can make Judges, Justices, Sheriffs, etc. but the King; The King makes every Court.  
12. The great Seal belongs to the King's Custody, or to whom 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 no laws to bind the people.  
14. No privilege 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 fundamental laws is High Treason.  
16 To levey War against the person of the King is High Treason.  
17. To persuade Foreigners to levey war within this Kingdom is High Treason.  
18 To impose unlawful Taxes, to impose new Oaths, 
M. Pym, p. 8.  is High Treason.  
19 The King can do no wrong.  
20. 
M. Pym, p. ●7.  It is a pernicious Doctrine to teach Subjects, they may be discharged from the oath of Allegience. 
M. Pym, p. 24.  Then what means the Doctrine of both Houses of the Votes 11 of Feb. 1647.  
21. A necessity of a man's 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 levy war within this realm without authority from the King, for to him only it belongeth to levy war, by the common law of the land to do otherwise is high Treason by the said Common law. The only quarrel was & is the Militia: 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 trial 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 fare; but the madness of the People (who are very unstable, and so they will find them) and the success of their Armies (having this great rich City to supply them, with all accommodations) have so elated them, that the evil is come to this height.  
For myself, 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 Laws; will be deemed by the good men of this Time a sweet smelling sacrifice; and by this and future Times, that I died full of years, 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 Laws, and others for supporting of them, etc.  
Yet mercy is above all the corks of God. 
Bracton l, c. 9, p, 107 4 pars inst 342, 343 Stanford 99  The King is God's V●car●on earth. In Bracton, who was a Judge in Henry 3. time, you shall ●●nd the King's oath; To show mercy is part of it: You are all his children; say, and do 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 passed is not revocable; Take to your thoughts your parents, your wives, your children, your friends, your fortunes, your country; wherein Foreigners writ 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 general pardon, Assurance for the Arrears of the Soldiery and meet satisfaction to tender consciences.  
God preserve the King and the Laws.  
DAVID JENKINS, Prisoner in Newgate.