the Lawes be violated And no reflection to be made on the King All Counsellors and Judges for a yeare and three months untill the tumults began this Parliament were all left to the ordinary course of Justice what hath beene done sithence is notorious For great Causes and considerations an act of Parliament was made for the surety of the said Kings 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 Majestie The Subjects are bound by their allegiance to serve the King for the time being against every Rebellion power and might H. 7. 11 H. 7. cap. 1. reared against him within this land that it is against all lawes reason and good canscience if the King should happen to be vanquished that for the said deede and true duty and alligeance they should suffer in any thing it is ordeined they should not and all acts of processe of law hereafter to be made to the conteary are to be void This law is to be understood of the naturall person of the King for his politique capacity cannot be vanquished nor war reared against it Relapsers are to have no benefit of this act It is no statute if the King assent not to it 12 H. 7.20 H. 8. and he may disassent this proves the negative voice The King hath full power in all causes to doe justice to all men this is affirmed of the King 24 H. 8. cap. 1â— 25 H. 8. cap. 2â— and not of the two Houses The commons in Parliament acknowledg no superior to the King under God the houses of Commons confesse the king to be above the representative body of the Realme Of good right and equity the whol sole power of pardning treasons fellonies c. belong to the King 27 H. 8. cap. 24 Note as also to make all Justices of Oyer Terminor Judges Justices of the peace c. This law condemns the practise of both houses at this time The kings royall assent to any Act of Parliament signed with his hand expressed in his Letters-patents under the great Seale and declared to the Lords and Commons shall bee as effectuall 33 H. 8. cap. 21 as if he assented in his owne person a vaine act if the King be virtually in the Houses The King is the head of the Parliament the Lords the principâ—ll 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 as the King Lords 14 H. 8 fol. 3. and Commons are a corporation in Parliament therfore they are no body without the King The death of the King dischargeth all mainprise to appeare in any Court 24 Ed. 3.48 1 Ed. 4.2 2 H. 4.8 1 H. 7.10 1 Ed 5.1 or to keepe the Peace 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 Justices 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 1 Ed. 6. cap. 2. therefore none from the Houses His Majesties subjects 2. 3 Ed 6. ca. 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 war to be in the king It is most necessary both for common policy and duty of the subject 5. 6 Ed. cap. 11 to restrain all manner of shamefull standers against their king which when they be heard cannot but be odible to his true and loving subjects upon whom dependeth the whole unity universal weale of the realm This condemns their continuing of the weekely pamphlets who have been so foule mouthed against his Majesty The punishment of all offenders against the lawes belongs to the king Q. Mary 1 Mar. Pl. 2. c. 2 and all jurisdictions doe and of right ought to belong to the King 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 a warded 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 deâ—ses subjects Plow 234.242 213. Calvins case 7. pars fol 12. Plow com 213 Corps naturall le Roy politique sunt un corps 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 Ligeance is due to the naturall body Plow 934 243.213 Calvins case 7. pars fol. 12. 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 at every Parliament takes a corporall Oath 1 Eliz. cap. 1. Cawdries case 5. pars fol. 1. 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 Law Cawdries Case ibid. The Earle of Essex and others assembled multitudes of men to remove Councellors 43 Eliz. 3 pars instit fo 6.2 adjudged Treason by all the Judges of England To depose the king or take him by force to imprison him untill he hath yeelded to certain demands adjudged Treason 39. Eliz. Hil. 1 Jacobi ibid. and adjudged accordingly in the Lord Cobhams Case Arising to alter Religion established or any Lawe is Treason 39 Ed. Bâ—adf case f 9. 16. By all the Judges of England ibid. 10 Eliz Plow 316. so for taking of the Kings Castles Forts Ports or Shipping Brooke treason 24. 3 4. Philip and Mary Dier 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 Law is not knowne but by Usage 10 Eliz. Plow 319. and Usage proves the Law and how Usage hath been is notoriously knowne The King is our only Rightfull and lawfull Liege Lord and Soveraigne K. James 1 Jac. cap. 1. 9 Ed. 4. fol. 8. We
his Parliament shall declare otherwise they are the very words of the Law 3. Pars instit Pag. 22. 2. pars instit Pag. 47 48. 4. pars instit P. 23.48.29 King and Commons King and Lords Commons and Lords cannot declare any other thing to be Treason then there is declared as appeares by the Lord Cooke in the places cited in the Margin A Law-booke published by order of the House of Commons this Parliament 3. Pars instit cap. Treason Pa. 9 10 12. Mr S. Iohn the Sollicitor in his Speech upon the araignment of the Earle of Straford Printed by order of the House of Commons p. 7. 13. as appeares in the last leafe of the second part of the Institutes published likewise by their Order The Resolutions of all the Judges of England upon the said Statute of the 25. Ed. 3. as appeares in the said third part of the Institutes Chap. High-Treason have been that to imprison the King untill he agree to certaine demands is High-Treason to seize his Ports Forts Magazine for Warre are High-Treason to alter the Lawes is High-Treason The word King in the Statute of 25. Ed. 3. cap. 2. must be understood of the Kings naturall person for that person can only dye have a wife have a sonne or be imprisoned The Privilege of Parliament protects no man from treason or felony 4. Pars instit c. Parl. p. 25. howbeit he be a Member much lesse 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. 11. M. 7. cap. 1. Hen. 7. cap. 1. doth by expresse words free all persons who adhere to the King The Army by an Act of Indemnity free themselves from all those dangers Stamford l. 2. fol. 99. 18 Ed. 3. Statutes at large 144. 20 Ed. 3. c. 1. 11. Rie 2. c. 10. 4 Pars instit Pag. 23.48.29 which an Ordinance can no more doe then repeale all the Lawes of the Land the whole and sole power by Law to pardon all Treasons Felonies c. 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 shewed the danger of the Army by the Law of the Land next consider the Ordinance of the Lords and Commons published the 22. of May last for their Indemnity By the ensuing discourse it doth appeare they have no Indemnity at all thereby The Indemnity proposed by the Ordinance is for any 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 I. Their Judges are sworne to doe justice according to the Law of the Land 3. Pars instit Pag. 22. 2 Pars instit 47 48. 1. Pars instit 193. Princes case â— â—â—perte and therefore the Judges must be forsworne men if they obey it because an Ordinance of both Houses is no Law of the Land and no man can beleeve they will perjure themselves so palpably and visibly in the eye of the world II. All trials for Treasons Felonies Robberies Magna Charta cap. 29. 25. Ed. 3. cap 4. 28. Ed. 3. cap. 3. 37. Ed. 3. cap. 8. 42. Ed. 3 cap. 3. and such like Capitall 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 Jury-man 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 whereby the souldier is left to their mercy whom he hath offended as some of them have lately had wofull experience Declaration of the Army presented at Warden and Printed by the appointment of the Officers subscribed and thereupon doe rightly apprehend their danger Now no man can thinke that the Jurors will perjure themselves to acquit the souldiers for robbing and plundring of the Countries and thereby utterly destroy their owne Rights and Properties III. If the Judges conceive as they may that the taking of other mens horses or goods is not by the Authority of Parliament or for the service and benefit thereof the souldier dyes for it they may say to steale or rob any man of his goods is not for the Parliaments service but against it which was alwayes the sence of the people and doubtlesse the Jurors will not thinke otherwise IV. This Ordinance is restrained to the authority 4. Pars instit pag. 1. 3. Pars instit pag. 22. 1. Pars instit pag. 1. 28. H. 8. sâ—l 11. Dier 38. H. 8. sol 60. 12. H. 7.20 1. Pars instit 159. Princes case 8. reports service or benefit of the Parliament The Lords and Commons make no more a Parliament by the Law of the Land then 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 Parliament and none other And the Judges may ought and I beleeve will according to their Oathes proceed as not bound at all by this Ordinance For it is restrained to the Authority of Parliament â—â—vice or benefit thereof whereas the two Houses are not the â—â—â—liament but only parts thereof and by the abuse and misunderstanding of this word Parliament they have miserably deceived the people V. This Ordinance is against their Ordinances which expresly prohibit plundring 28 Aug. 1642. Col. of Ord. first part 565.592.605 severall 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 VI. The word Parliament is a French word howbeit such Assemblies were before the Norman Conquest here signifies in that Language to consult treat 1. Pars iastit 109. 1 Pars instit 110. 4 Pars p. 49. that is the sense of the word Parler 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 Peeres the Judges and Kings Councell to consult and treate with the King that is the Parler of great concernments touching 1. the King secondly the defence of his Kingdome thirdly the defence of the Church of England It cannot be a Parliament that will not Parle with their King but keep him in prison and not suffer him to come to them and parle and therefore the Law and sence and reason informing every man that is no manner of Parliament the King with whom they should parle being so restrained that they will not
parle with him The Army hath no manner of security by this Ordinance For their indemnification referres to that which is not in being untill the King be at liberty VII It is more then probable that their Judges before the last circuite had instructions to the effect or this Ordinance The Common Souldiers sccond Apology 6. Grievances of the Army published 15. May last Three grievances of Col. Riche's Regiment but they the Judges making conscience of their Oath laid aside the said Instructions and ought and may and it is beleeved will no more regard this Ordinance then the said instructions What was done in the last circuite the Army well knowes touching many of their fellow-souldiers VIII The Houses in their first Proposition to his Majesty for a safe and well-grounded peace sent to Neweastle to desire a pardon from his Majesty for themselves they who desire a pardon cannot grant a pardon common reason dictates this to every man and therefore that the Army should accept an Indemnity from them who seeke 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 vaine and a meere delusion IX His Majesty by his gracious Message of the 12. of May fast the 22 of the same hath offered an Act of Oblivion and a generall pardon to all his people this done the Law doth indemnifie the Army without all manner of scruple for any thing that hath beene done for it is an Act of Parliament when the King and two Houses concurre and bindes all men There is no safety by the Ordinance There is safety by an act of Parliament And will not reasonable men preferre that which is safe before that which is unsafe X. His Majesty by his said Letter agrees to pay the Arreares of the Army I am sure that it is a publique Debt and the chiefest and the first that by the two Houses should be paid and before any Divident or Gratuities bestowed among themselves for their Bloud Limbes 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 Arreares The Army have not an Ordinance or the Publique Faith but the Law of the Land to make sure unto them their Indemnity for all Acts and for their Arreares and therewith also bring peace to the Land XI The Kingdome and people generally desire these things To such an Army just and reasonable things must not be denyed the things formerly proposed are most just and reasonable you may have them if you will if you will not you render this Kingdome miserable Mr Pyms Speech against the Earle of Strafford p. 16 Sixt consideration Printed by the command of the House of Commons wherein you will have your shares 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 fifth 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 capitall crime which is the maine businesse insisted upon and most concerneth the Souldiers security II. The both Houses in the said Additionall Ordinance say that it is expedient that all offences be pardoned and put in oblivion Pardon and Oblivion cannot bee understood to bee for a time but for ever and they themselves confesse that an Ordinance is not binding but pro tempore which with the most advantagious 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 owne shewing But the Law of the Land is 27. H. 8. c. 24. and so it hath constantly been practised in all times that no persons of what estate soever have any power to pardon Treason Felony or any other offences but the King onely 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 mens actions by any evidence it can give In truth all the evidence that this Ordinance will give is that it records to posterity nothing but a lawlesse and distempered time For remedy therefore I say againe it is a certaine truth This Kingdome without an act of Oblivion and a generall Pardon and the payment of Souldiers arreares and a meet regard had to tender Consciences will unavoidably be ruined June 10. 1647. David Jenkins Prisoner in the Tower of London Sundry Acts of Parliament mentioned and cited in the Armies Indemnities set forth in words at large for the better satisfaction of such as desire to be rightly informed 25. Edw. 3. Chap. 2. A Declaration what offences shall be adjudged Treason VVHereas divers opinions have been before this time in what case Treason shall be said in what not The K. 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 compasse or imagine the death of our Lord the King or of our Lady the Queen or of their eldest Son and Heire or if a man do violate the Kings companion or the Kings eldest daughter unmarried or the wife of the Kings eldest sonne and heire or if a man do levie war against the Lord our King in his Realme or bee adherent to the Kings enemies in his Realm giving to them aid and comfort in the Realme or else-where and thereof be probably attainted of open deed by people of their condition And if a man counterfeit the Kings great or privie Scale or his Money and if a man bring false money into this Realm counterfeit to the money of England and the money called Lusburgh or other like to the said money of England c. 11. Hen. 7. Cap. 1. None that shall attend upon the King and doe him true service shall bee attainted or forfeit any thing THe King our Soveraign Lord calling to his 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 Soveraign Lord for the time being in his wars for the defence of Him and the Land against every rebellion power and might raised reared against him and with him to enter and abide in service in battell if case so require and that for the same service what fortune ever fall by chance in the same battell against the minde and will of the Prince as in this Land sometime passed hath been seen that it is not reasonable but against all lawes reason and good conscience that the said Subjects going with their Soveraigne Lord in wars attending upon him in his person or being in other places by his commandement within this
Court Plowd Com. 319. nor Statute Law to be a Court nor common usage they have no Iournall Book but since E. 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 lesse for Treason that House which cannot doe the lesse cannot doe the greater It is ordained 25. E. 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 Councell but upon Indictment or presentment of his good and lawfull Neighbours where the deed is done or by originall 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 Foresta are declared by the Stat. of 25. E. 1. c. 1. to be the Common Law of the Land All Iudges and Commissioners are to proceed Secundum legem consuetudinem Regni Anglia as appeares by all proceedings in all Courts and by all Commissions and therefore the House of Commons by themselves proceeding not by Indictment Presentment or Originall Writ have no power to imprison men or put them out of their Franchise This no way trenches upon the Parliament for it is in Law no Parliament without King and both Houses 4 pars Instit pag. 1. 3 Pars Instit p. 23. I have only in my Paper delivered to Mr Corbet applyed my selfe to that Committee that they had no power to examine me 12. â— 7.20 Princes case 8 Pars Cook 1 Pars Instit p. 159. 14. H. 8.3 Dier 38. H. 8.60 1 Pars Instit p. 19. b. but I never thought said or wrote that the Parliament had no power to examine me the Law and custome 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 it selfe hath no such power For the Lord Cooks relation that the House of Commons have imposed Fines and imprisoned men in Queen Elizabeth time and since Few facts of late time never questioned make no legall power nor Court 4 Pa. Instit ca. Parl. Ã facto ad jus is no good argument for the words of the Statute of 6. H. 8. c. 16. that a licence to depart from the House of Commons for any Member thereof is to be entred of Record in the Book of the Clark of the Parliament appointed or to be appointed for that House doth not conclude that the House of Commons is a Court of Record 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 maxime in all Lawes Lex aliud tranctans nil probat the word Record there mentioned is only a memoriall of what was done and entred 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 Fitzh Nat. Br. 70. Fitzh Nat. Br. 13. 12. H 4.23 34. H. 6.49 Recordari facias loquelam c. 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 c. and yet the Court of ancient Demesne is no Court of Recoâ—d and so of a Court Baron the Law and custome of England must be preserved or England will be destroyed and have neither Law nor custome Let any man shew 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 Seale Sir Giles Mâ—mpessau Michell 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 of ancient times 4 Pars Inslit Tit. Parliam pag. 23. where the House of Peeres condemned the Lord Latimer in 50. E. 3. the Kings pardon freed him which shewes cleerly that the Kings expresse or implyed assent must of necessity be had to make a Delinquent The Geatleman saith That the Parliament sitâ— or ought to sit by something greater thâ—n the Kings Writ c. No Parliament did ever sit without the Kings Writ nor could ever Parliament begin without the Kings presence in person 4 Pars Instit pag. 4. 6. or by a Guardian of England by pacent under the Kings Great Seale the King being in reâ—â—tiâ— or by Commission under the Great Seale to certaine Lords representing the Kings 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 Triennall Parliament and another for a perpeâ—uall if the Houses please to satisfie their desires â—ow these two Acts agree one with another and with the Statute in E. the thirds time where Parliaments are ordained to be holden every yeare 4 E. 3. c. 14. 36. E. 3. c. 10.21 Iac. the Act of Limitation of Actions cap. 26. and what mischiefes to the people of this Land such length of Parliaments will produce by protections and priviledges to free them and their meniall servants from all debts during their lives if they please to continue it so long and how destructive to mens 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 easie to understand How can any man affirm that the two Houses doe act now by the Kings Wrie which relates to Counsell and Treaty with the King concerning the King the defence of his Kingdome and of the Church of England 4 Pars Instit p. 14. these are the three points which it tends to as appeares by the Writ They keep their King prisosoner at Holnby and will not suffer him to consult and treat with them Vow and Covenant p. 11. 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 to defend the Kings Kingdome or their Kingdome When by their Solemn League and Covonant they extirpate Bishops Deanes and Chapters root and branch is this to defend the Church of England 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 3 Pars Cookâ— Deane and Chapter of Norwich to destroy and defend the Church are very contrary things the Church is not desended when they take away and sell the Lands of the Church The Gentleman saith The King cannot contrâ—le other Courts of Justice or prevent them from sitting or acting and therefore not the
the ruine of King and people AD. 3. The Gent. affirms That the sonding Propositions to the King and desiring his concurrence is carce worth an answer for Sub ects may humbly petition for that which is their strict right and property c. The Propositions sent to Newcastle are in print wherein the two Houses are so farre from humbly petitioning that they stile not themselves his Majesties Subjects as appeares 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 Lawes now in force Have the two Houses a strict right and property to lay upon the people what Taxes they shall judge meet To pardon all Treasons c. that is one of their Propositions Have they a strict right and proporty to pardon themselves and so for all the rest of their Propositions These Propositions have been Voted by both Houses 12 H. 7.20 1 Iac. cap. 1. 1 Car. cap. 7. the Kings assent theâ— being drawn into Bills makes them Acts of Parliment Hath the King no right to assent or dis-assent Was the sending but a Complement All our Law-Books and Statutes speak otherwise This Gent. and others must give an account one time or other for such delusions put upon the people AD. 4. The Gent. saith They affirm not that the Kings power is separated from his person so as the two Spencers affirmed c. His Majesties person is now at Holnby 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 Chaplaines 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 1 E. 3. c. 2. Calvins case 7 Pars Reports 11. doe not the two Houses act every of them They saâ— 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 Lawes impose Taxes make Iudges Sheriffes and take upon them omnia insigna summae pâ—tâ—statis Is not this to remove the King for misdemeanours to reform per aspertè to govern in aide of him the three Conclusions of the â—Pencers Doe they think the good people of England are become stupid and will not â—t length see these things The Gentleman saith They doe not separate his power from his Person but distinguish it c. His power is in his legall Writs Plowd 4. Eliz. 213. the Kings power and his Person are indivisible Courts and Officers when they counterfeit the Great Seale and seale Writs with the same make Iudges themselves Courts and Officers by their own Ordinances against his consent declared under his true Great Seale of England not by word of mouth letters or ministers only their Seale is obeyed their own Writs their own Iudges their own Courts their own Officers and not the Kings The time will come when such strange actions and discourses will be lamented AD. 5. The Gentleman goes on We take not from the King all power of pardoning Delinquents we only say it is not proper to him quarto modo c. What doe you meane by quarto modo I am sure Omnis Rex Angliae solus Rex semper Rex can doe it and none else read the Books of the Law to this purpose collected by that reverend and learned Iudge Stanford Stanfor Plcas 99. 27 H 8. c. 24. Dier 163. from all Antiquity to his time who dyed in the last year of King Philip and Queen Maries Reign you shall finde this a truth undeniable and this power was never questioned in any Age in any Book by any untill this time that every thing is put to the question You Gentlemen who professe the Law and maintaine the party against the King return at length and bring not so much scandall upon the Law which preserves all by publishing such incredible things We hold only what the Law holds the Kings Prerogative and the Subjects Liberty are determined and bounded and admeasured by the written Law what they are 1 Pars Instâ—t pag. 344. Plowd 3. Eliz. 236 237. we doe not hold the King to have any more power neither doth His Majesty claime any other but what the 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 Souldiers doe now understand that to be Law and doe now evidently see and assuredly know that it is not an Ordinance of the two Houses but an act of Parliament made by the King Lords and Commons that will secure them and let this Army remember their executed fellow Souldiers And the Law was alwayes so taken by all men untill these troubles that have begot Monsters of opinions AD. 6. This Gentleman sayes The Parliament hath declared the King to be in no condition to govern c. There is no end of your distinctions I and you professe the Law shew me Law for your distinctions or letter 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 sayes The King is not barred from returning to His Parliament as he calls the two Houses he knowes the contrary the whole City knowes the contrary Nos juris consulti sumus sacerdotes as Institian the Emperour hath it in the first Book of his Institutions and therefore knowledge and truth should come from our lips Worth 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 rayes 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. sayes We sweare that the King is our supreme Governour over all persons and in all causes c. Why hath he lest out the word only for the oath the Members now take is that King Charles is now the only and supreme Governour in all causes over all persons 5 Elâ—z cap. 1. Cawdreys case 5 pars fol. 1. and yet they keep their only Supreme Governour now in prison and act now in Parliament by vertue of their Prisoners Writ and by a concurrent power in this Parliament and by their own strict right and property as the Gent. This Oath is allowed by the Common Lâ—w of the Land affirms in his Answer These things agree well with their Oath that the King is the only Supreme Governour in all causes over