A MANUELL OR Briefe Treatise of some particular Rights and Priuiledges belonging to the High Court of PARLIAMENT Wherein is shewed how of late times they have been violated The true condition of the Militia of this Kingdome so much now controverted both by King and Parliament by the Positive Lawes discussed and debated with a briefe touch of the Royall Prerogative Neminem oportet esse sapientiorem legibus Job 8.8 Interroga pristinam generationem investiga patrum memoriam Ipsi docebunt te loquentur tibi ex corde suo proferent eloquium Hesterni enim sumus ignoramus vita nostra est sicut umbra super terram By Robert Derham of Graies-Inne Esquire London printed for Mathew Walbancke at Graies-Inne Gate 1647. To the Honourable and truly religious the Commons of England now Assembled in Parliament at Westminster May it please you THis little Treatise some may say needs no Dedication Res enim ipsa lâ—quitur The subject and matter of this Discourse pointing like the Heliotrope to the Sun unto the High and Illustrious Assembly of PARLIAMENT whose influence and favour are alone sufficient yet since it hath pleased God to raise you up in this distressed Kingdome as blessed meanes anâ— instruments of his glory and of the good of this Common-Wealth as it is certainely hoped in composing these unhappy differences by your eminent Wisedome and supreame Authority and your fidelity and constancy in this great trust committed unto you being so apparent unto all men as also this worke for the most part being extracted out of your owne learned Declarations and Remonstrances imparted to publike view I am upon these reasons emboldned to addresse my selfe unto you for protection against Calumny and detraction And although I know nothing herein contained but what is warranted by the Lawes of this Realme and by the rules of truth yet in as much as I am not hereby justified I crave your favourable censure concluding what I have written of your judicious view wholly unworthy and the Author hereof in respect of your noble and high deserts shall ever remaine Your Honours in all duty and service obliged Robert Derham The Preface to the Reader Courteous Reader IT is a true saying Pro captu Lectoris habent sua fata libelli the capacity and apprehension of the Reader is fatall to every thing committed to publike view however this being a legall Treatise it must stand or fall by the judgement of the wise and learned in the Lawes of this Kingdome The summe of this Discourse is grounded upon the Positive Lawes termed of late times the knowne Lawes I have chosen to enter into Combate with our Adversaries at their owne Weapons as they please to chuse them though happily it may prove disadvantagious and this is done with moderation I hope to silence if not satisfie the obstinate Take this worke out of the Loome and withall Anatomize it with all the curious and cunning dissections of Art and wit spare it not yet I am confident it shall abide firme against all opposition I will conclude with this Corollarie Edicite mundo quod mundus est vanitas veritas autem est magna prevalebit Farewell A Manuell or briefe Treatise of some particular Rights and Priviledges belonging to the High Court of PARLIAMENT I Am injoyned out of my duty to my Country and my zeale to the Publike good to compile this little Treatise little in regard of the Author great in regard of the Subject matter wherein I protest before the Supreme Judge of Heaven and Earth to deliver the truth and nothing but the truth according to the Lawes of this Realme established whose unparalleld distractions both in Church and Common-wealth I cannot but with great griefe consider Quis talia fando temperet a Lachrymis The Mother and Nurse unto us all this formerly most happy and blessed Nation now personated in the sable habit of a most mournefull widow Quae corrupit ecusos fletu which hath lost her glorious Lampes even her eyes with weeping Sparso quoque infanebrem modum crine terribilis Terrible to beholders with disheveled haire making moane for her irreparable losses attending the funeral Obsequies of her deare Children requesteth nay requireth us all to bewaile her miseries and to redresse her disperate calamities But to leave off preambles as tedious and to come to the Discourse intended I doe with sincerity of heart detesting the Doctrine and Practises of Brownists Anabaptists Sectarists and as one that truely honoureth the true reformed Protestant Religion lament and much deplore the sorrowfull condition of this Kingdome the amiable Lawes and Goverment being now become despicable through the violation or neglect at least of the fundamentals I meane the just and due Rights and Priviledges of that High and Supreame Court of Parliament in whose safety and flourishing estate consisteth the happinesse of this Common-wealth and in the contempt of that illustrious Assembly this renowned Nation will of free-borne Subjects become slaves and degenerate from those noble resolutions which their Ancestors did inherite For to let passe the disturbances in this Church of England and the Government thereof and the meanes to redresse the same being not properly within my cognisance or knowledge and peradventure permitted by Divine Providence to evidence to the world the errours and folly even of his owne Ministers and the unsearchable Wisedome of God even past mans finding our My purpose is onely at this time to treat of the High Court of Parliament and the Lawes and Liberties of the Subject in them represented whose infallibility I shall nor labour to maintaine as being men of the like passions that we are but the Venerable estimation which the wisedome of the Law hath evermore attributed unto them not in respect of their Persons but of the Government and Justice which in them primitively resides whose gravity prudence and integrity hath been in all Ages much admired and their judgements and resolutions till these unhappy timâ—s held indisputable for inquire of your Ancestors if the gray-headed Common Law whose funeralls are now in the judgement of man approaching through the popular dis-estimation of this High Court did not here receive if not its first subsistence yet its power and glorious estate even to these times The Kings just and due Prerogatives if not here first framed yet from time to time here strengthened and corroborated witnesse that ancient Statute called Prerogativa Regis made Anno 17. E. 2. This Station is declaratory of the Prerogative not Introductive wherein certaine of the most weighty and great Prerogatives pertaining to the Crowne are contained and declared as saith that learned Judge Stamford The rich Gemmes and inestimable treasure both in Church and State from this Fountaine derivatively issuing and proceeding and shall now the honour of this Court so ancient be deserted And shall it not with the lives and estates of all noble minded English-men be maintained as sacred and as
and justice these illegall Commands notwithstanding Doth not the King arme the Papists contrary expresly to Law yea by Commissions under seale to fight against his People against his Parliament when as by 3 Jacobi ca. 5. they are to be disarmed and to beare no Armes within this Kingdome and although the King License them nay 3 Jac. ca. 5. not to be dispensed withall Command them to take up Armes as the case now is that will not aide them since the statute is for security of our Religion and our Lawes against the enemies thereof the King cannot dispence with it For the other particular That the King hath raised Armies of men to execute these illegall commands and that the Judges of the Law and of the high Court of Parliament have according to their duties upon these Statutes endeavoured these illegall forces it is plaine enough Now what say you unto these things yee that beleeve in errour and falshood Are we still rebels and traitors in your judicious opinions Fight we for the Lawes and for the maintenance of them and are not one of the actions amongst many which might here be remembred justifiable and yet are you the good Subjects and we the desperate Rebells What if you shall say We are no men that are compelled to take up Armes we serve the King voluntarily we are none of the illegall Commission of Array I answer Incidit in Scyllam qui vult vitare Charibdem you fly from one extreame to another Traitors wiâ—hin 11. H. 7. ca. 1. though attending the Kings person in the Warres voluntarily if you decline from the duty of Allegiance as it is plaine you doe from one defence illegall to another are you not punishable to goe or ride armed by Statutes formerly mentioned without any evill intentions appearing how much more then when you goe about to violate and transgresse the Lawes Your voluntary act here makes the offence the greater as for the exception of the King and his Servants in his presence mentioned in these Lawes that is nothing it will nor helpe you at all for these Lawes as I have formerly spoken intend only his servants meniall and for preservation of the Peace likewise what is this paucity of men to Armies numerous Here is no refuge for you in these Statutes we are come to Nurcules Pillars to a Ne plus ultra with our opposites we are come to so straight a passage that there is no declining either to the right hand or to the left for I thinke we have searched all the corners of errour I will pursue you no further I wish you may at length turne into the wayes of truth least that God open the mouth of the dumbe Creature to reprove the folly and madnesse since the voice of the Law moveth you not at all Hence it is apparent that the Law as supreme hath invested both King and people with that power which they have by Nationall pact and agreement The law useth a power coersive as to the Kings possessions yea is to any power illegall raised by him and therefore if transgressed they are liable unto judgement as you see it cleare in matters touching the Kings possessions though not his person and if the Law come so neare the person of the King in point of coertion as his Lands and Estate making them Subject to the Decrees and Edicts of the Law pronounced in the Courts of Justice then common reason teacheth you that the Law hath a compulsary power over all illegall forces raised by the King for the Revenues and Lands of the Crown are more necessary and incident unto the regall Dignity and are nearer conjoyned unto it in point of defence maintenance and security then any power not warranted by Law Witnesse this Case that the Lands and Revenues of the Crowne come they by discent or purchase goe to the next successour to the Crowne contrary to the rules of Law in the Subjects Case an instance of this the discent of the Crown from Ed. the 6. to Queen Mary resolved by all the Judges that the Lands of the Crowne descended to the said Queene though but of the halfe bloud to King Edward Halfe bloud hinder nâ—â— discent of the Crowne yea that the Jewels of the Crowne and personall Estate vested in the said Queene and the reason of the Law is the same before mentioned for defence maintenance and security of the Regall Dignity or Person but any illegall power raised by the King dyeth with his Person it can neither discend neither can it be disposed of by the King it hath no affinity as I may so say nor any relation to his Person yea the Law taketh no notice of it at all but with an eye of Justice so that it is manifest the Law useth a coercive power as to the Kings possessions yea as to any Armies of men or forces raised by the King without legall authority Come we then to his Person see the wisdome of the Law there also it useth no coersive power because his Person by the Divine Law is Sacred as also it is needlesse for the Law to use a compulsary power over the Kings Person seeing that his Lands and Possessions yea any illegall power raised by him are subject to the Censure of the Law What formidable thing is his Person if you take away any power from him but what is warranted by Law No need of coertion as to the Regall Person Nota. What need of coertion over his Person I speake not this to diminish the just and due rights and greatnesse of the King for the Majesty and greatnesse with which the Law hath incompassed him is in truth Majesty Et regia celsitudo illegall Magnificence makes him but a poore and weake Prince despicable even in the eyes of his People Ejus potestas as Bracton saith est juris non injuriae But to draw to a conclusion inferiour Courts of Justice have their authority to suppresse any force raised by the King Argum entu à mineri ad majuâ— if not allowed by Law as it appeareth in this Treatise that these Armies of men by the King Commanded are in no wise legall What shall we then say Shall not the high Court of Parliament have the same authority which inferiour Courts Hand-maids unto it even in time of Peace have used and exercised I am ashamed of this grosse ignorance Now you that have many tergiversations and shifts to defend errour what say you unto this declare unto the world your Cause and stay these streames of bloud amongst your Christian Brethren Publish to this Nation the blindnesse and hardnesse of their hearts convince their judgements and understandings that truth may once more flourish amongst us But if not be for ever confounded in your selves close up your lips with perpetuall silence hereafter But you may say Object How comes it to passe that these particulars have not hitherto been discovered to the world
5. H. 4. The Commissioners putting in execution the Statute of Winchester the ancient and only knowne Assize No doâ—bt the Military Tenure by common law was compulsary viz. by Distâ—esse or the like to services incident by law for Armes compulsary are saved harmelesse and inpemnified by this Law notwithstanding their former large and illegall Commissions and that they shall execute so much of their Commissions as was warranted by this Statute of Winchester and no more and for not executing the other illegall clauses in their Commissions at the making of this Act issued forth the Commissioners are saved harmelesse and indemnified by this Act so that you see 5. H. 4. depends upon Winchester notwithstanding the former objection Eradicate a Plant you destroy the branch so the repeale of the Statute of Winchester repeales 5. H. 4. as necessarily depending upon it Out of their shiâ—es viz. unlesse in case of suddaine invasion The conclusion of all is this The ancient Common Law formerly recited is now in force none could be forced to finde Armes or serve in person but those that were thereunto bound by their Tenures of Contracts nor those any further or otherwise that is to say out of their Shires or with proportions of Armes greater then they were bound unto by their Tenures or Contracts yea it appeares that by the Common Law Armes were proportioned he which held by a Knights Fee was to finde a man in Armes and so proportionally De coeteris and therefore Winchester did but affirme the Common Law in this or further enâ—arge it as also make the proportions of Armes more penall and compulsary then before The statute of Winchester sets downe an Assize for land and goods the common law extended onely to lands and only to such lands as were bound thereunto by Tenure by this statute all lands are tyed to finde Armes proportionall but whether those that wee bound by Tenure were to be Assessed by the Act and so charged with a double proportion of Armes In The ancient Assize in this statute mentioned was surely some law antiquated or not in force or at least not compulsaâ—y therefore Winchester revives it the common aw for Tenuures is now in force onely Now Winchester being repealed there is neither Common Law nor Statute to force any man to the finding of Armes but onely those that are bound unto it by their Tenures or Contracts and that thus the Law is taken upon all these Statutes concerning finding of Armes appeares by Sir Ed. Coâ—e in the seconâ— part of his Instit f. 528. in his Exposition of the Statutes of confirmations Chartarum libertatum for he concludes the Law to be that no man shall be charged to Arme himselfe or others save such as hold by such service of the King or other Lords whereby they are bound to it unlesse it be by consent of Parliament and further saith that that was the Common Law which these Statutes did affirme There is one Objection more Object and it is strangely and much insisted upon by his Majesty in one of his Declarations for he maintenance of his Commission of Array and for the nullifying of all these positive Lawes formerly spoken of and that is upon a Statute in force the Statute of 11. H. 7. ca 1. 11. H. 7. ca. 1. a late Statute and subsequent to all these by which the service of the Subject in the Kings Warres both within the Kingdome and without is recited and the Subject charged therewith according to their duty of Allegiance I answer Sol. this opened will likewise prove nothing 't is but the preamble of the Act and all the doubt will rest upon these words formerly mentioned The Subjects attendance on the King in his Warres either within the Kingdome or without may plainely be intended according to the positive Lawes formerly remembred The words of the preamb e. for some especially by their Tenures were bound to attend in forreine service as where their Tenures were to attend in Scotiam Pictaviam c. Commandment of the King what it intends The Commandement of the King here mentioned may either be intended according to their Tenures for forreine service or otherwise the Commandment may be taken for his legall command not his personall and that you have heard what it is the command of his high Court of Parliament Nota. and so what question of the Impressing men for forreigne service but the Regall command according to their speciall Tenures is that which in my judgement is full and satisfactory According to the duty of their Allegiaâ—â—e explained Alleg viz. naturall legall locall Come we then to those words according to the duty of their Allegiance the Subjects Allegiance is naturall locall and legall but the naturall and legall Allegiance is here intended and what is the legall Allegiance you shall see likewise is the naturall therefore the legall Allegiance opened ends all Legall Allegiance what it is viz. the positive Militia The legall Allegiance is that perâ—onall service which the Subject oweth unto his Soveraigne by the municipall Lawes of this Kingdom and that you have heard at large formerly what it is I need not use repitition Legall Allegance and naturall agree Now the naturall Allegiance and legall differ not but rather the legall Allegiance is explanatory of the naturall for the Law saith That the Subject shall serve the King in his Warres Salvo contenemento viz. Secundum starum facultates a respect being had to every mans state property faculty or ability and to that purpose was the Common Law and the Statute of Winchester limiting the Assize of Armes viz. Secundum starum faculâ—ates what saith the naturall Allegiance otherwise but that every man shall attend the Kings Persâ—n in his Warres according to his state and ability if other construction should be made the Law naturall should be unjust and without care and preservation of the Common Wealth if the imposâ—tion of this charge were not â—â—brâ—o respectu to every mans property state and faculty Thus you see what is meant by the duty of their Allegiance within this Statute Legalis ligeantia aâ—pâ—ex peradventure it may be urged there is another branch of the legall Allegiance also viz. when men be imprest for the service of the King by the authority of the high Court of Parliament without aâ—y such speciall relation to their Tenures or Estates or to the positive Lawes I grant This Allegâ—ance is likewise â—abito respestu ad statum c. agreeing with the otâ—er legall as also with the naturall for otherwise Acts of â—arliament should be unjust One branch only of the legall Allegiance intended by 1. H. 7. ca. 1. viz. the Allegiance due by the positive law this is the legall Allegiance likewise but this Allegiance is not intended in the Act of 11 H. 7. before specified for that Allegiance must â—ecessarily be meant tâ—e Allegiance due by the
positive Lawes and to other because it is not the duty of the Subjects Allegiance but what is positive or in esse the other is not the duty of tâ—e Subject neitâ—er is it any Allegiance at all untill by Parliameâ—t it be so injoyned but tests in the iâ—teâ—im in nubibus or in consideration of Law therefore the llegall positive Allegiance viz that which is due by the positive Lawes â—â—ely is intended by this Statute If it were taken in the other sence in this Statute as it is plainely otherwise Nota. yet it would not advantage the other part All statutes penned in such generall words as this is intend onely the legall positive Allegiance as before but bring them a little nearer to the Parliament and their power and authority which they so much decline What shall we then say unto Armies of men thus illegally raised by the King viz. dirctely against all these positive Lawes formerly remembred Can we in Law or conscience aide or assist them By Law we cannot as you see then surely we cannot in conscience Humane lawes injoyned to be observed by Scripture the Law of this Land binding the conscience to obedience and the observance of these humane Lawes being so often in the holy Word of God Commanded and for this reason as I conceive these forces thus raised Rebells and Traitors not raised by lawfull authority are termed by a Declaration of Parliament Rebells and Traitors because not raised by lawfull authority and surely if Rebells and Traitors they are to be suppressed not assisted and that men may be Rebells and Traitors and decline from their duty of Allegiance although they follow the Kings Person in the Warres appeares by the foresaid Statute of 11. H. 7. ca 1. the words of the Statute are for defence of the King and the Land and therefore if against the Land as it must be Traitors though att nding the Kings Person in the Warres by 11. H. 7. ca. 8. if against the Body representative the Parliament it is Treason within thiâ— Law although they attend the Kings Person in the Wars and this is that Statute which his Majesty hath frequently made use of in divers printed Declarations of his whereby he would seeme to exempt all those that attend his Person in the warres from any impeachment but surely this Statute will not aide him for it is apparant by the Proviso of this Statute Provisâ—e Explanation of the Proviso that there is a declining from the duty of their Allegiancâ— although they follow the Kings Person in his warres otherwise the Proviso were meerely idle but to explaine it yet â—urther Proviso relates alwaies to the body of the Act in the judgement of the law The Proviso relates to the body of the Act the body of the Act is onely to exempt those that attend the Kings Person in the warres and doe him true and faithfull service for the defence of his Person and the Land Service done unto the King in defence of the land is the legall positive Allegiance within this Act. Here you see Allegiance is meant in the Proviso viz. the service done unto the King in defence of the Realme provided that none shall take benefit of this Act that shall decline from the duty of his or their Allegiance that is to say that shall not doe true and faithfull service unâ—o the King and the Land as is mentioned in the Act and the word None in the Proviso is plaine None relates to the body of the Act. No Traitor by law can have any benefit of law viz None that shall attend his Person in the warres shall take benefit of this Act if he shall decline from the duty of his Allegiance and in this sence it must be taken and in no other for future crimes it cannot extend unto other then mentioned in this Act since by Law they are made uncapable of the benefit of any Law if transgressors of the Law Frustra legis auxilium implorat This Proviso but explanatory qui in legem committit and therefore this Proviso idle if so understood unlesse you will tax a Parliament to be misconusant of the Lawes Further this Proviso as it seemes to me is but explanatory of the Act and was not absolutely necessary to be incerted This Allegiance upon this 〈◊〉 hath relation only to the positive law Vi. ante The subjects Allegiance unto the naturall capacity of the King in respect of the politick for certainely they had been included in the body of the Act as uncapable of benefit thereby if no such Proviso had been at all What need I say more the meaning of this Law is very well delivered by the Parliament in their Declaration concerning Hull Here I might touch and that not extravigantly upon the Allegiance Royall unto what capacity of the King it is due You see a man may decline from the duty of his Allegiance and yet follow the Kings Person therefore the Allegiance is not due unto the naturall Person of the King onely but it is due unto the naturall in respect of the politique capacity and that you see is the Judgement of this Parliament The Subjects Allegiance may be declined and yet the naturall Person of the King attended and withall note that in these times this is declaimed against as a Jesuiticall distinction and yet the judgement of a Parliament Object But it is further urged That the penalty of this Law is remitted and pardoned by the King Sol. I answer That the Kings pardon availeth not here Statute made pro bono publico cannot be by any non â—bstante dispensed withall for the Proviso expresly excludeth all men from benefit of this Act be it by the Kings Pardon or otherwise if they shall decline from the duty of their Allegiance and this being an Act for the service and defence of the Realme cannot be dispensed withall by any Non obstante in the Kings Pardon as it is to those that peâ—use the Lawes manifest I will yet crave further patience in the aforegoing particular in the arraying and arming of men and shew you how tender the Law is herein in a Statute in 1 Mar. 12. No Warlike appearance witâ—out authority of laâ— but pun shable I take it If an Assembly of men were made to doe any unlawfull Act as to throw downe Enclosures or the like and did not depart within a short time after Proclamation they were Ipso secto without any furthâ—â— Act done adjudged Relons by Law and to suffer death so tender is the Law of any Assembly especially in any Warlike manner to doe any unlawfull Act. Nay further No Warlike appearance wiâ—hout authority of laâ— but punishable it is a thing unlawfull for any men to Assemble themselves together or to goe or ride armed in a Warlike manner although no evill intention appeares unlesse they doe it by lawfull authority or command to goe or ride armed
words viz. this shall be the right of the Kings c. From this place of Scripture make you Tyranny the right of Kings for so some of you tender the words and so Ex consequenti the Ordinance of God is Mos Regis jus Regis Is it the right of Kings because the Act of Kings then Murther Adultery c. are the right of Kings and the Ordinance of God so God himselfe is made the Author of all wickednesse a most impious and detestable opinion Yea doth not the practice of the Kings of Israell manifest the same Did Ahab take away Naboths Vineyard as his right without any further proceedings Did he not by pretence and colour of Law take away his life and Vineyard Did he not suborne Witnesses against him This man blasphemeth God and the King was he not much perplexed troubled in minde at Naboths deniall All these things surely had not been if it had been lawfull for Ahab to have taken his Vineyard from him yea what saith God unto him for this Hast thou killed and also taken possession Is this Divine approbation Are either of these Acts allowed or not plainly reproved hast thou taken possession implyeth clearely that Ahab taking Naboths Vineyard was not Gods Ordinance or Law but the wicked abuse of Divine authority Further I conceive upon the Acts of David and Elisha mentioned in the Scriptures it is lawfull to resist Tiranny and abused authority yea that it is lawfull to oppose the Regall power Distinction of the regall person and the regall power by the law of this Realme though not the Regall Person but to leave these things to those that are learned in Theology we will search a little the Lawes of the Kingdom Doe not our Lawes make the same distinction betweene any power ilâ—egally raised by the King and his Person May not the one be lawfully resisted not the other Hath not the Law appointed the Militia of the Kingdome to suppresse any Ryots illegall Assemblies yea though commanded by the King I suppose that may be made a parent enough for put the case that numbers of people being Insidiatores viarum agrorum depopulatores gaine the Person of the King yea his protection under the great Seale Object shall not the Magistrates and Ministers of the Law execute the Law against these persons notwithstanding the King be present with them Sure they may and ought But peradventure you wil say This case is nothing to our purpose they that have now adheared to the King are good Subjects no Delinquents as your instance formerly imports Sol. I answer the reason of the Law is the same in both Cases yea they are delinquents in both Cases that take up Armes without lawfull authority and further they are Traitors also though they aide and assist the Kings person as you may perceive by the former discourse but I will exp laâ—e the Law a little further in this particular 2 E. 3. 8. 14. E. 3. ca. 14. There are two or three severall Statutes in the Raigne of E. 3. and of other Kings of England containing these words or to this effect That the Judges or the Kings Justices shall not delay to doe justice and right yea they are commanded so to doe even in the Kings Case notwithstanding the King by his great Seale or Privie Seale command the contrary But we then the case that the great Seale is sent to stay the course of Justice and the Meâ—seâ—gers thereof be numbers of armed men shall not the Justices oppose this illegall power Shall they not apprehend these persons as Rebels unto the State and Government if they shall attempt the execution of this regall command by force or violence nay The King by divers statutes disabled to raise any Armies of men or to come in any hostile manner to disturbe justicâ— I conceive they are subjâ—ct unto great and severe censure if not Capitall for appearing in Armes in disturbance of justice although they offer no force or violence at all but deliver their Message to the Court. And is it not apparent that these persons shall be empeached as offenders Conâ—ra coronam dignitatem Regis These men Traitors by law though the King present with them f â—n any hostile way they execute his illegal command or indeavour the same notwithstanding the Kings Seale yea if the King shall be present with them this will not aâ—ter the Case the Judges are to execute the â—aw in the Kings name against them and further to pronounce them Traitors if in forceable or hostile manner they shall endeavour to interrupt or hinder the power and authority of the Law here you see the distinction which the Law makes betwixt the Regall person and the regall power Nota. The Kings person not criminous by law and the reason The Kings person is subiect to no debility or imperfection in judgement of Law and therefore no crime or offence can be incident to his person witnesse the Attainder of King H. 7. before he was King resolved by all the Judges that Ipso facto by attaining the regall dignity all attainders of Treason or any other offence were purged and that there needed not any reversall of them in Law and this appeareth in the legall Annals of the said King you may plainly perceive the Kings person uncapable of crime by the Law of this Land his person is sacred and not to be touched with violence yea the Law medleth not at all with his person as being innocent of all crime Regall imputation as to any legall imputation but the power of the King Nota. in what condition it stands you may easily see Which Henry the 7. wisely fore-seeing procured that Act 11 H. 7. ca. 1. before mentioned to exempt the attendants of his person as also of his successors from impeachment knowing that by Law they might become offenders although they followed his person in the Warres and did him true and faithfull service for the defence of the King and the Land The true reason why this act of 11 H. 7. ca. 1. was made because his Title unto the Crowne as the times then were might not prove firme for if his Title by Marriage should have failed Nota. as even the state of Princes is subject unto humane casualty then his attendants in the Warres upon his Person should be in danger of judgement as being raised without lawfull authority so as by this Act if a Perkin Warbecke should attaine the regall dignity lawfully Lawfull viz. by consent of the Realme by authority of Parliament his Attendants in the Warres were by this Act free from impeachment if they declined not from their duty of Allegiance in this Statute mentioned which by Law had not been so if this Act had not made this speciall provision Now you may view plainly the Kings Person and his Power distinguished also you may see in the exposition of this Statute formerly mentioned the same