Selected quad for the lemma: church_n
Text snippets containing the quad
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B03896
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To the honorable societies of Gray's-Inne, and of the rest of the innes of court, and to all the professors of the law
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Jenkins, David, 1582-1663.
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1647
(1647)
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Wing J610; ESTC R178974
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25,096
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37
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therefore they are no body with out the King The death of the King dischargeth all mainprise to appeare in any Court or to keepe the peace 24 Ed. 3â—48 1 Ed. 4.2 2 H. 4.8 1 H. 7.10 1 Ed. 5.1 The death of the King discontinues all pleas by the common law which agreeth not with the virtuall power insisted upon now Writs are discontinued by the death of the King Ed. 6. 1 Ed. 6. cap. 7. Patents of Judges Commission for Justice of the peace Sheriffs Escheators determined by his death where is the virtuall power All authority and jurisdictions spirituall and temporall is derived from the King therefore none from the houses 1 Ed. 6. cap. 2. His Majesties subjects 2.3 Ed. 6. cap. 2.11 H. 7. cap. 1. Calvins Case Sa. pars Cooke according to their bounden duties ought to serve the King in his warres of this side or beyond the seas beyond the seas is to be understood for wages This proves the power of warres and preparation for warre to be in the King It is most necessary â—oth for common policy and duty of the Subjects 5.6 Ed. cap. 11. to restraine all manner of shamefull slaunders against their King which when they be heard cannot but be odible to his true and loving Subjects upon whom dependeth the whole unity and universall weale of the realm This condemnes their continuing of the weekly pamphlets who have beeue so foule mouthed against his Majesty The punishment of all offenders against the Lawes Q. Mary belongs to the King and all jurisdictions doe and of right ought to belong to the King 1 Mar. Pl 2.6.2 This leaves all to his Majesty All Commissions to levy men for the warre 4.5 P. M. c. 3 Q. Eliz. 10 Eliz. Pl. 315 are awarded by the King The power of warre only belongs to the King It belongs to the King to defend his people and to provide Armes and force No speech of the two houses Roy ad sole government de ses subjects Corps naturall le Roy politique sont un corps Plow 234.242 213. Calvins Case 7. pars fol. 12. Plow com 213. that is The King hath the sole government of his Subjects the body politique and the naturall body of the King make one body and not divers and are inseparable and indivisible The body naturall and politique make one body and are not to be severed Plow 934. 243 213. Calvins Case 7 pars fo 12. Ligeance is due to the naturall body and is due by nature Gods Law and mans law cannot be forfeited nor renounced by any meanes it is inseparable from the person Every Member of the House of Commons 1 Eliz. cap. 1. 5 Eliz. cap. 1. Cawdries Case 5 pars fol. 1. at every Parliament takes a corporall Oath That the King is the supreme and only Governour in all Causes in all his Dominions otherwise he is no member of that House the words of the Law are In all Causes over all persons The said Act of 1. Eliz. is but declarative of the ancient Lawe 43 Eliz. 3 pars inst it fo 12. Cawdries Case ibid. The Earle of Essex and others assembled multitudes of men to remove Councellors adjudged Treason by all the Judges of England To depose the King or take him by force 39 Eliz. Hil. 1 Jacobi ibid. to imprison him untill he hath yeelded to certain demands adjudged Treason and adjudged accordingly in the Lord Cobhams Case Arising to alter Religion established or any Lawe 39 Eli. Brads Case fol. 9 10. By all the Judges of England ibid. 10 Eliz. Plow 316 is Treason so for taking of the Kings Castles Forts Ports or shipping Brooke treason 24.3 4. Philip and Mary Dyer Staffords Case concerning Scarborough The Lawe makes not the servant greater then the Master nor the subject greater then the King for that were to subvert Order and Measure The Lawe is not knowne but by Usage 10 Eliz. Plow 319. and Usage proves the Law and how Usage hath beene is notoriously knowne The King is our only Rightfull and Lawfull Liege Lord and Soveraigne K. James 1 Jaco cap. 1. 9 Ed 4. fol. 8. Wee doe upon the knees of our hearts agnize constant Faith Loyalty and Obedience to the King and his Royall progeny in this high Court of Parliament where all the body of the Realme is eyther in person or by representation We doe acknowledge that the true and sincere Religion of the Church is continued and established by the King And do recognize as we are bound by the Law of God and Man the Realm of England and Imperiall Crowne thereof doth belong to him by inhaerent byrthright and lawfull and undoubted succession and submit our selves and our posterities for ever untill the last drop of our blood be spent to his rule and beseech the King to accept the same as the first fruits of our Loyalty and Faith to his Majesty and his Posterity for ever and for that this Act is not compleate nor perfect without his Majesties assent the same is humbly desired This proves that the Houses are not above the King that Kings have not their titles to the Crowne by the two Houses but by inhaerent byrth-right and that there can be no Statute without his expresse assent and destroyes the chymera of the Kings virtuall being in the Houses To promise obedience to the Pope 3 Jac. cap 4 23 Eliz cap 1. or any other State Prince or Potentate other then the King his Heires and Successors is Treason And therfore those persons who call the Houses the Estates offend this Lawe Such Bills as his Majesty is bound in Conscience and Justice to passe K. Charles Collection of Ordinances fo 727. 1 pgrs ibid. fol. 728. are no Lawe without his assent To designe the ruine of the Kings person or of Monarchy is a monstrous and injurious charge Vbi Lex non distinguit non est distinguendum ibid. fol. 865. all the aforesaid Acts and Lawes doe evidently prove the Militia to belong to the King that the King is not virtually in the two houses that the King is not considerable separately in relation to his politique capacity that the King is not a person trusted with a power but that it is his inherent byrth-right from God nature and lawe and that he hath not his power from the people These Lawes have none of those distinctions of naturall and politique abstractum concretum power and person in Caesars time this Island had Kings and ever since which is almost 17 hundred yeeres agoe No King can be named in any time made in this kingdome by the people A Parliament never made King for they were Kings before the Parliaments are summoned by the Kings Writts which for Knights Citizens and Burgesses begins thus viz. Rex vic Wilts Saltem Quia Nos de avisamento assensu Consilij nri pro quibusd arduis urgentibus negotiis