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A87530 A looking-glasse for the Parliament. Wherein they may see the face of their unjust, illegall, treasonous and rebellious practices, 1 Against Almighty God. 2 Against their King. 3 Against the fundamentall lawes of the kingdome. 4 Against their own oaths and covenants. Argued betwixt two learned judges, the one remaining an exile beyond the seas, the other a prisoner for his allegiance and fidelity to his King and country. Jenkins, David, 1582-1663.; R. H.; Heath, Robert, Sir, 1575-1649, attributed name. 1648 (1648) Wing J595; Thomason E427_17; ESTC R202656 43,342 52

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A Looking-glasse FOR THE PARLIAMENT Wherein they may see the Face of their UNJUST ILLEGALL TREASONOUS and REBELLIOUS PRACTICES 1 Against Almighty GOD 2 Against their KING 3 Against the Fundamentall LAWES of the Kingdome 4 Against their own Oaths and Covenants Argued betwixt Two Learned JUDGES the one remaining an exile beyond the Seas the other a Prisoner for his Allegiance and Fidelity to his KING and COUNTRY Printed in the Eighth yeer of the Parliaments Tyranny and Oppression 1648. To the Reader COURTEOUS READER WHosoever thou art that shalt peruse this insuing Discourse we desire thee to doe it with Candor and without prejudice of opinion before thou hast warily read it seriously consider it and advisedly weighed it and when thou hast so done if thou shalt approve of it practice it if thon doest not let us receive thy modest reproof in writing and informe us better by more learned and infallible Arguments of the truth in those grounds we have laid down to our selves and we shall hold our selves much obliged unto thee and remaine Studious to doe thee good D. I. R. H. Dated Feb. 7. An. D. 1648. A LOOKING GLASSE for the PARLIAMENT IVDGE SIR I Must confesse to you that I doe apprehend that there is a Legislative Power in the Parliament but I take it to be in sensu conjuncto not in sensu diviso in a sense when the KING is joyned to both Houses of Parliament not when he is divided from them either in his Will or Person For neither House by it self or both Houses together have Power to make a Law to binde the Subject without the Royall assent now the Legislative Power is nothing else but a Power to repeal old Lawes or to make new ones that shall binde the Subject neither can the KING by himself repeal any established or make any Law binding to the subject without the preparation or assent of both Houses not joyning with any one House make a Law or Ordinance to binde the other nor repeal any Law whatsoever and I am very confident you cannot shew me an authority in our Laws to the contaary But you will peradventure say That the KING will fully absent himself from both his Houses of Parliament and that thereupon his Power is inherent in and devolved to the Parliament If you should make this objection besides what you will finde hereafter expressed as touching this question the practice of all times shew the contrary for as on the one part if he be personally present with his Parl. yet he may be wilfully absent or absent in his will as if he answer to any bill promoted to him Le Roy s●avisera or the King will advise upon it it stands at present for a negation of the bill and thereby it is made incapable that Session to be an Act so on the contrary part if the King be absent from both Houses of Parliament in person hee may be present in his will that is if his person were at York and both Houses sitting at Westminster and they should send him Bills to signe which he should accept of and indorse this upon them Le Roy le Veut or the King wills this is an affirmation of those bills and makes them Acts of Parliament which not only proves that one or both Houses by themselves have not legislative power without the King for as to the making of Lawes they have but a preparatory power to frame and present bills for the Royall signature and approbation but also that if the King bee absent in person from them either willingly or by occasion of necessity his legislative power is not representatively lodged in or devolved unto one or both Houses of Parliament I will agree with that great lover of Parliaments and learned Father of the Law Sir Edward Cooke in the fourth part of his Institutes p. 6. That a Parliament cannot begin or be held but either in the Kings person or by representation By representation two wayes either by a Guardian of England by Letters-patents under the Great Seale when the King is in remotis out of the Realme or by commission under the Great Seale to certaine Lords of Parliament representing the Kings person he being within the Realme by reason of some infirmity so that we hereby conclude that the King is not represented in Parliament of common course but only by speciall Commission in one of these two causes in the first of which cases Edward Duke of Cornewall and Earle of Chester held a Parliament in 24. E. 3. for King Edw. the third And John Duke of Bedford brother and Lieutenant to the King and Guardian of England held a Parliament as Guardian of England in the fifth year of King H. the fifth and in the second case in 3. E. 4. a Parliament was begunne in the presence of the King and prorogued untill a further day And when William Arch-bishop of York the Kings Commissary by Letters-patents held the same Parliament and adjourned the same the cause of the said prorogation being because the King was inforced to goe into Glocestershire to represse a Rebellion there so in 28. Eli. Queen Elizabeth by her Commission did by her Letters-patents authorise John Whit gift Arch-bishop of Canterbury William Baron of Burleigh Lord Treasurer and Henry Earle of Darby to begin hold and prorogue a Parliament and this Commission is entred in the Journall booke of the Lords house over which is written Domina Regina representatur per comissionarios viz. That our Lady the Queene is represented by her Commissioners which precedents in both cases plainely prove that the King is not of course representatively in Parliament nor his power lodged there but by his speciall Commissions or Letters Patents which may suffice as to this point but for those parts of your motives that the power of both Houses is above the Kings you shall find answered unto hereafter And whereas you write that the Scots have delivered up the King and that he is a Prisoner and his Person at their disposition that the City and Parliament are united that the whole strength of the Kingdome is in their hands that Bishops will be rooted out their Lands sold and Presbyterian government setled which I conceive you alledge as arguments to perswade me to compound and take the Oathes you mention these are rather arguments of force and fraude by all zealous lovers of honour Justice and Piety to be resisted and withstood then of truth and reason tobe submittd unto and looke more like arguments of Sutors Hill then Westminster Hall but if you lay them before me as perswasions of feare and terrour I answer you in the words of King David that you may see how vaine these conceits are Psal. 2. The Princes of the earth stand up and take councell against the Lord and against his Anoynted saying Let us breake their bonds asunder and cast away their cords from us he that dwelleth in Heaven shall laugh them to scorne
name and by authority of the Kings highnesse and his heyres Kings of this Realme in all Shires Counties Counties palatine and other places of this Realme Wales and Marches of the same or in any other his dominions at their pleasure and wills in such manner and forme as Justices of Eire justices of Assise justices of Peace and justices of Goale-delivery be commonly made in every shire of this Realme any grants usages prescription allowance act or acts of Parliament or any other thing or things to the contrary thereof notwithstanding By the Statute of 1. Edw. 6. cap. 2. It is acknowledged that all authority of jurisdiction spirituall and temporall is derived and deducted from the Kings Majestie as supreame head of the Realme and that no Ecclesiasticall Court can be held within the Realme but by authority from his Majestie By the statute of 5. and 6. Edw. 6 cap. 11. It is recited Forasmuch as it is most necessary both for common pollicy and duty of the Subjects above all things to prohibit restraine and extinct all manner of shamefull slanders which might grow happen or arise to their sovereigne Lord the Kings Majestie which when they be heard seene or understood cannot but be odible and abhorred of all those sorts that be true and loving Subjects if in any point they may doe or shall touch his Majesty upon whom dependeth the whole unity and universall wealth of this his Realme c. By the Statute made in the second Parliament of the first yeare of Queene Mary cap. 1. It is acknowledged that the imperiall Crowne of this Realme with all dignities honours prerogatives authorities jurisdictions and preheminences whatsoever to the same united or annexed were descended unto Queen Mary and that by force and vertue of the same all regall power dignity honour prerogative preheminency and jurisdiction did appertaine and of right ought to appertaine unto her as to the soveraigne supreame governour and Queene of this Realme By the statute of primo Eliz. cap. 1. The Queenes right as belonging to the Crowne of England and are restored to her and the Oath of supremacie enacted and then made and by another Act made the same Parliament cap. 3. Intituled an Act of Recognition of the Queenes highnesse title to the imperiall Crowne of this Realme the whole Parliament acknowledgeth the Queenes right to the Crowne by lawfull discent and succession both by the lawes of God and the lawes and statutes of this Realme with all the rights prerogatives preheminencies and jurisdictions whatsoever belonging or appertaining to the same binding themselves therein by solemne oath to maintaine the title of her and her heyres thereunto Neither can I omit to remember that famous and never to bee forgotten Act of Recognition of his right to the Crowne of England made to King James our Kings Father in full Parliament in the first yeare of his reigne which that it may the more clearely appeare what it is I have here transcribed at large without addition or diminution of word or syllable as an Act to the observance whereof I am obliged and was bound in the loynes of myne Ancestors who were then representatively present in the same Parliament which act of Parliament is thus intituled A most joyfull and just Recognition of the immediate lawfull and undoubted succession descent and right to the Crowne The act it selfe is printed in the statutes at large in these words Anno primo Iacobi Regis Great and manifold were the benefits most deare and most gracious Sovereigne wherewith Almighty God blessed this Kingdome and Nation by the happy union and conjunction of the two noble houses of Yorke and Lancaster thereby preserving this noble Realme formerly torne and almost wasted with long and miserable dissention and bloody civill warres But more inestimable and unspeakable blessings are therby powred upon us because there is derived and growne from and out of that union of those two princely Families a more famous and greater union or rather a reuniting of two mighty famous and ancient Kingdomes yet anciently but one of England and Scotland under one imperiall Crowne in your most royall person who is lineally rightfully and lawfully descended of the body of the most excellent Lady Margaret eldest daughter of the most renowned King Henry the seaventh and the high and noble Princesse Queene Elizabeth his Wife eldest daughter of King Edward the fourth The said Lady Margaret being eldest sister of King Henry the eight Father of the high and mighty Princesse of famous memory Elizabeth late Queene of England In consideration whereof albeit we your Majesties most loyall and faithfull subjects of all estates and degrees with all possible and publique joy and acclamation by open Proclamations within few howres after the decease of our late Sovereigns Queene acknowledging thereby with one full voyce of tongue and heart that your Majestie was our onely lawfull and rightfull leige Lord and Sovereigne by our unspeakable and generall rejoycing and applause at your Majesties most happy Inauguration and Coronation by the affectionate desire of infinite numbers of us of all degrees to see your Royall Person and by all possible outward meanes have endeavoured to make demonstration of our inward love zeale and devotion to your excellent Majesty our undoubted rightfull leige Sovereigne Lord and King Yet as we cannot doe it too often or enough so can there be no meanes or way so fit both to sacrifice our unfained and hearty thankes to Almighty God for blessing us with a Sovereigne adorned with the rarest gifts of minde and body in such admirable peace and quietnesse and upon the knees of our hearts to Agnize our most constant faith obedience and loyalty to your Majesty and you royall Progenie as in this high Court of Parliament where all the whole body of the Realme and every particular member thereof either by person or by representation upon their owne free elections are by the lawes of this Realme deemed to be personally present To the acknowledgment whereof to your Majestie wee are the more deeply bounden and obliged as well in regard of the extraordinary care and paines which with so great wisedome knowledge experience and dexterity your Majestie fithence the imperiall Crowne of this Realme descended to you have taken for the continuance and establishment of the blessed peace both of the Church of England in the true and sincere Religion and of the Common-wealth by due and speedy administration of Justice as in respect of the gracious care and inward affection which it pleased you on the first day of this Parliament so lively to expresse by your owne words so full of high wisedome learning and vertue and so repleate with Royall and thankfull acceptation of all our faithfull and constant endeavours which is and ever will bee to our inestimable consolation and comfort We therefore your most humble and loyall subjects the Lords Spirituall and Temporall and the Commons in this present Parliament assembled doe from