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
Sol. In his other Courts of Justice he hath no voice he is none of the Judges in the Parliament he hath if his presence be not necessary his voice is not nor his assent Ob. 8 The originall prime legislative power of making Lawes to bind the subjects and their posterity Soveraign power of Parliaments 46.47 rests not in the King but in the kingdome and Parliament which represents it Sol. Master Prinne in the same lease affirmes and truly that the Kings assent is generally requisite to passe lawes and ratifie them the King is the head of the kingdome and Parliament how then can a body act without a head Ob. 9 A major part of a Corporation binds therefore the Major part in Parliament and so of by Lawes Sol. The Corporation is so bound either by the Kings Charters or by prescription which sometimes had the Kings concession but prescription and Law and practise alwayes left the King a negative voice Ob. 10 The King cannot alter the Bills presented to him by both houses go. Sol. True but the King may refuse them Ob. 11 Acts of Parliament and Lawes ministred in the Reignes of usurpers bind rightfull Kings go. Sol. What is this to prove the two houses power only which is the question A King de facto must be obeyed by them who submitted to him and they are his Subjects by their submission and not Subjects defacto to the true King 9 Ed. 4.12 and such being Traytors and Rebells to the regent King having renounced the true King when the lawfull Kings is restored may be punished by him for their treason against the usurper But heere is a King still in both cases and the proceedings at law holds The Judges having their patents from the being Kings in the reignes of Kings de facto or dejure for all Kings are bound and sworne to observe the lawes Ob. 12 A King dies without Heyre is an infant non Compos mentis c. the two honses may establish Lawes g o Sol There is no Inter-regnum in England as appeares by all our books of law and therfore the dying without Heyre is a Vaine supposition and by their principle he is considerable in his politique capacity which cannot die at all The protector assisted by the Councell of the King at law his twelve Judges the councell of state his Attorney Solicitor and two Sergieants at law his twelve Masters of the Chancery hath in the Kings behalfe and ever had a negative Voice but what is this to the present question Wee have a King of full age of great wisdome and judgement The power of the two houses in such a case to be over the King cannot be showne Ob. 13 The King cannot disassent to publique and necessary Bills for the common good g o Sol. Nor ever did good King but who shall be judge whether they be publique 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 fitter or more agreeable to reason that his Majestie and Councell of State his twelve Judges his Sergieants Attorny and Solicitor twelve Masters of the Chancery should judge of the conveniency and benefit of such Bills for the publique good rather then a minor of which sort there may be in the houses or a weake man or a few who often times carry it by making the Major part which involves the consent of all Let reason determine Ob. 14 The Kings of England have beene elective and the King by his Coronation Oath is bound to maintaine justas leges consuetudines quas vulgas elegerit g o Sol. Popery hath beene in the kingdome and therefore to continue it still will not be taken for a good argument when things are setled for many ages to looke 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 lawes say that the Kings office is an heritage inhaerent in the blood of Our Kings and their byrth-right And usurpers that come in by the consent of the people 1 Ed. 4. cap. 1. are Kings de facto but not de jure as appeares by the acts of Parliament declaring them so And by all our law books and the fundamentall constitution of the Land Regall power is herditary and not elective For the words vulgus elegerit if vulgus be applied to the house of commons 1 H. 7. they if themselves can make no laws The Peeres were never yet termed vulgus but allowing they be so called the lawes to be made must be just and who is fit to judge thereof is before made evident Ob. 15 Customes cannot referre to future time and both are coupled Lawes and Customes Princes have beene deposed and may bee by the two houses g o Sol. The deposers were Traytors as appeares by the resolution of all the judges of England Cooke Chapter 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 Ob. 16 The appeale to the Parliament for errors in judgements in all Courts is frequent g o Sol. This is only to the house of Lords and that is not the Parliament the house of Commons have nothing to doe therewith and in the house of Peeres if a writt of error be brought to reverse any judgment 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 Kings Councell and twelve Masters of the Chancery assist there by whose advice erroneous judgments are redressed Ob. 17 The Parliaments have determined of the rights of Kings as in Henry the sixts time and others and Parliaments have bound the succession of Kings as appeares by the statute of the thirteenth of Q. Eliza Chapter the first and the discent of the Crowne is guided rather by a Parliamentary Title then by common law g o Sol. If this objection be true that the Title to the Crowne is by Parliament then wee had no usurpers for they all had Parliaments to back them yea Richard the third that Monster All our books of law say they have the Crowne by discent and the Statutes of the Land declare that they have the same by inherent byrth-right And the Statute of the thirteenth of Elizabeth the first Chapter was made to secure Queene Elizabeth against the Queene of Scots then in the Kingdome clayming the Crowne of England and having many adherents And that Statute to that end affirmes no such power in the two Houses which is the Question but in Queene Esizabeth and the two Houses which makes against the pretence of this time Master
facultates and so make all mens estates Arbitrary the answere is That in levying of publique aydes upon mens goods and estates which are variable and probably cannot be certainly knowne by any but the owners it is impossible to avoide discretion in the assessâ—ments for so it ever was and ever will be By this appeares 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. 5 if Kings should refer to the politique capacity it would continue after his death 4. pars Inst 46. which proves that the King connot be said to be there when he is absent as now he is there is no interregnum in the kingdome the dissolution of the Parliament by his death shewes that the beginning and end thereof refers to the naturall person of the King and therefore he may lawfully refuse the Propositions 2 H. 5. 4 pars instit 46 2. H. 5. Chap. 6. to the King onely it belongs to make Leagues with forreigne Princes This shewes where the supreame power is 8. H. 6. H. 6. numb 57. Rott Parl. Cookes 4. pars instit 25. No priviledg of Parliamenr is grantable for Treason Felony or Breach of the peace if not to any one member nnot to two not to ten not to the Major part 19. H. 6.62 The law is the inherritanc of the King and his people by which they are ruled King and people And the people are by the law bound to ayde the king And the King hath an inheritance to hold Parliaments and in the ayds granted by the Commonalty If the major part of a Parliament commit Trason they must not bee Judges of it for no man or body ean be Judge in his own cause and aswell as ten or any number may commit treason the greater number may aswell The King by his letters pattents may constitute a County palatine and grant Regall rights 32. H. 6.13 Plowd 334. this shewes where the supreme power is 17. Ed. 4. rot parl numb 39. Ed. 4. No priviledge of Parliament is grantable for Treason Fellony 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 A corporat body can commit no treason Calvins Case 7 pars fol. 11.12 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 naturall 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 therefore the stature of 25. E. 3 must be intended of the Kings naturall person conjoyned with the politique which are inseparable and the Kings naturall person being at Holmby Plow com 213. his politique is there also and not at Westminster for the politique and naturall make one body indivisible If all the people of England should breake the league made with a forreigne Prince 19 Ed 4.6 without the Kings consent the league holds and 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 kingdome he pleaseth by his letters pattents 22 Ed. 4. Fitz. jurisdiction last placite can the two howses do the like 1. Ed. 5. fol. 8. Ed. 5. 4 Ed. 4.25 5 Ed. 4 29. It cannot be said that the King doth wrong declared by all the Judges and Serjâ—ents 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 subjects persons goods lands or liberties but must be according to established lawes which the Judges are sworne to observe and deliver between the King and his people impartially to rich and poore high and low and therefore the Justices and the Ministers of Justice are to be qâ—stioned and punished if the Lawes be violated And no reflection to be made on the King All Counsellers and Judges for a yeare and three months nntill 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 howses 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 H. 7 11 H. 7. cap. 1. power and might reared against him within this land that it is against all lawes reason and good conscience 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 heereafter to be made to the contrary are to be void This law is to be understood of the naturall person of the King for his politique capasity cannot be vanquished nor war reared against it Relapsers are to have no benefit of this Act. It is no statute 12 H. 7.20 H. 8. 24 H. 8. cap. 12. 25 H. 8. cap. 21 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 doe justice to all men this is affirmed of the King and not of the two Houses The commons in Parliament acknowledg no superior to the King under God the house of Commons confesse the king to be above the representative body of the Realme Of good right and equity the whole and sole power of pardoning treasons fellonies c. belong to the King 27 H. 8. cap 24. Note as also to make all Justices of Oyer and Terminer 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 33. H. 8 cap. 21 and declared to the Lords and Commons shall be as effectuall as if hee assented in his owne person a vaine act if the King be virtually in the houses The King is the head of the Parliament Dier 38. H. 8. â—â— 59.60 the Lords the principall members of the body 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. fol. 3. as the King Lords and Commons are a corporation in Parliament and
nos statum defensionem Regni nri Angl. Ecclesiae Anglicanae concernentibus quoddam Parliamentum nrum apud B. teneri ordinavimus ibid. cum Praelatis magnatibus proceribus dicti Regni nri Colloquium habere tractatum ipsi vicecomiti preâ—ipimus firmiter injungendo quod facta Pro clamatione in proximo Comitatu tuo post recepsionem ejusd brevis duos Milites gladiis â—inctos c. eligi facias ad faciendum consentiendum hiis quae tunâ— ibidem de Communi Concilio nro Angliae faventi Deo contigerit ordinari super negotiis antedictis ita quod pro defectu potestatis hujusmodi sen propter improvidam electionem Milium Civium Burgensium pred dicta negotia nra infecta non remanerent The King is Principium Caput finis Parliamenti 4 pars instit fol. 3 4. the body makes not the head nor that which is posterior that which is prior Concilium non est Preceptum Conciliarij non sunt Praeceptores for Councell to compell a consent hath not beene heard of to this time in any age and the house of Commons by the Writt are not called ad Concilium the Writts to the twelve Judges Kings Councell twelve Masters of the Chancery are Concilium impensuri and so of the Peeres The Writts for the Cominalty Ad faciendum consentiendum Which shewes what power the representative body hath they have not power to give an oath neither doe they claime it The King at all times when there is no Parliament The Oath of the Justices 18 of Ed. 3. among Statutes of that yeere in Parliament is assisted with the advice of the Judges of the Lawe twelve to uumber for England at least hath two Sergeants when fewest an Attorney and Sollicitor twelve Masters of the Chancery his Councell of State consisting of some great Prelates and other great Personages versed in State affaires when they are fewest to the number of twelve All these persons are alwaies of great substance which is not preserved but by the keeping of the Lawe The Prelates versed in divine Lawe the other Grandees in affaires of State and managery of Government The Judges Kings Sergeants Attorney Sollicitor and Masters of the Chancery versed in the Lawe and Customes of the Realme All sworne to serve the King and his people justly and truly the King is also sworne to observe the Lawes and the Judges have in their Oath a clause That they shall doe common right to all the Kings people according to the established Lawes notwithstanding any command of the King to the contrary under the Great Seale or otherwise The people are safe by the Lawes in force without any new The Lawe finding the King of this Realme assisted with so many great men of Conscience Honour and skill in the rule of Common-wealth knowledge of the Lawes 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 passe any Graunts in his Minoritie there are many great persons living hold many a thousand pound a yeere by Patents from Edward the sixth passed when hee was but ten yeeres of age not to bee bound to any Lawe to his prejudice whereby he doth not binde himselfe power of warre and peace coyning of Money making all Officers c. The Lawe for the reasons aforesaid hath approved these powers to be unquestionable in the King and all kings have enjoyed them till 3. Nov. 1640. It will bee said notwithstanding all this sence about the Lawes the Lawes have beene violated and therefore the said powers must not hold the two Houses will remedy this The answere to this is evident There is no time past nor time present nor will there bee time to come so long as men mannage the Lawe but the Lawes will bee broken more or lesse as appeares 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 yeere and almost three Moneths From 3. Nov. 1640. to 10 Jan. 1641. as aforesaid being a yeere and almost three moneths had time and liberty to question all those persons who were eyther causes or instruments of the violation of any of the Lawes Examine how both Houses remedied them in former times First touching Religion What hath beene done this way Both Houses in Henry the eights time tendred to him a Bill to bee passed called commonly the Bill of the six Articles this was conceived by them to bee a just and a necessary Bill had not Henry the eighth done well to have refused the passing of this bill both houses tendred a bill to him to take the reading of the Scriptures from most of the laity had not King Henry the eight deserved much prayse to reject this bill In Queene Maryes time both houses exhibited a bill to her to introduce the Popes power and the Roman religion had not Queeene Mary don well to have refused this bill Many such instances may be given The two Houses now at Westminstar I am sure will not deny but the refusall of such bills had beene just the King being assisted as aforesaid and why not so in these times For the Civill Govrnment what a Bill did both houses present to Richard the third to make good his title to the Crowne had it not beene great honour to him to have rejected it what bills were exhibited to Henry the eighth by both houses for bastardizing of his daughter Elizabeth a Queene of renowned memory to settle the Crowne of this Relme 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 refusall of passing such bills magnified his vertue and rendred him to posterity in a different Character form what he now hath And by the experience of all times and the consideration of human frailty this conclusion is manifestly deduced that it is not possible to keepe men at all times be they the houses or the King and his councell but there will be sometimes some deviation from the lawes and therefore the constant and certain powers fixed by the ancient law must not be made voide and the Kings Ministersâ— 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 the Bishops in the upper house of Parliament and have sithence agreed there shall be no more Bishops at all might not the King if he had so pleased have answered this bill with Le Roy s'avisera or ne veult it was against Magna Charta Articuli Cleri and many other acts of Parliament And
have our warrant by the said statute of the twenty fifth of Edward the third Chapter the second and divers others since and the practise of all times Sevenethly We mintayne that the King is the only supreme governer in all causâ—s They that his Majestie is to be governed by them Our warrant is the statutes of the first of Q. Eliza. Chapter the first and the fifth of Q. Elizabeth Chapter the first Eighthly We maintayne that the King is King by an inhaerent birth-right by nature by gods law and by the law of the land 9 Ed. 4. sol 4. 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 Calvins case Nynthly We maintain that the politique 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 Calvins Case pars 7. sol 11. Tenthly We maintaine that who aydes the King at home or abroade 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 maintayne that the King hath power to disassent to any Bill agreed by the two houses which they deny Our warrant is the statute of the second of Henry the fift and the practise of all times the first of King Charles Chapter the seventh the first of King James Chapter the first Twefthly We maintayne that Parliaments ought to be holden in a grave and peaceable manner without tumults They allowed multitudes of the meaner sort of people to come to Westminster to cry for Justice when they could not have their will Coll. of Ord. fol. 31. and keepe guards of armed men to waite upon them Our warrant is the statute of the seventh of Edward the second and their Oracle Thirteenthly We maintaine that there is no state within this kingdome but the Kings Majesty and that to adhaere to any other state within this kingdome is high Treason Our warrant is the statute of the thrid of King James Chapter the fourth and the twentie third of Q. Eliza. Chapter the first Fourteenthly We maintayne that to leavy a warre to remove Councellours to alter Religion or any Law established is high treason They hold the contrary Our warrant is the resolutions of all the Judges of England in Quene Elizabeths time and their Orracle agrees with the same Fiftteenthly We maintaine that no men should be imprisoned put out of his lands but by due course of Law and that no man ought to be adjudged to death but by the law established the customes of the Realm or by Act of Parliament Thâ—y practise the contrary in London Bristoll Kent c. Our warrant is Magna Charta Chapter the twenty ninth the Petition of right the third of King Charles and divers lawes there mentioned We of the Kings party did and do detest Monopolies and ship money and all the grievances of the people as much as any men living we do well know that our estates lives and fourtunes are preserved by the lawes and that the King is bound by his lawes we love Parliaments If the Kings Judges counsell or ministers have done a misse 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 Kings fault The Law saith the King can do no wrong that he is medicus regni pater patriae spousus regni 11 pars Cookes Reports Magdalen Colledge Case qui per anulum is espoused to his Realme at his Coronation the King is Gods Lieutenant and is not able to doe an unjust thing These are the words of the law One great matter is pretended that the people are not sure to enjoy the acts passed this Parliament A succeeding Parliament may repeale them The objection is very weake a Parliament succeeding to that may repeale that repealing Parliament That feare is endlesse and remedilesse for it is the essence of Parliaments being compleate and as they ought to be of head and all the members to have power over Parliaments before Parliaments are as the time are if a turbulent faction prevailes the Parliaments are wicked as appeares by the examples recited before of extreame wicked Parliaments if the times be sober and modest prudent and not byassed The Parliaments are right good and honorable and they are good Medicines and salves but in this Parliament excessit medicina modum In this cause and warre betweene the Kings Majesty and the two houses at Westminster what guide had the subjects of the land to direct them but the Lawes What meanes could they use to discerne what to follow what to avoide but the Lawes The King declares it Treason to adhere to the Houses in this warre The Houses declare it Treason to adhere to the King in this Warre The Subjects for a great and considerable part of them treason being such a crime as forfets life and estate and also renders a mans posterity base beggerly and infamons looke upon the Lawes and finde the lettr of the law requires them to assist the King as before is manifested was ever subject criminally punisht in any age or nation for his pursuit of what the letter of the Law commands The Subjects of the kingdome finde the distinction and interpretation now put upon the Lawes of Abstractum Concretum Power and Person body politique and naturall Personall presence and virtuall to have beene condemned by the law And so the Kings party hath both the letter of the law and the interpretation of the letter cleared to their judgments whereby they might evidently perceive what side to adbaere to what satisfaction could modest peaceable and loyall men more defire A verbo legis in criminibus poenis non est recedendum hath beene an approved maxime of law in all ages and times If the King be King and remain in his Kingly office as they call it then all the said lawes are against them without colour Coll of Ordinances 777. they say the said lawes relate to him in his office they cannot say otherwise Commissions and pardon in the Kings name and the person of the King and his body politique cannot nor ought to be severed as hath beene 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 is the only supreme Governour in all causes over all persons at this present time For that of verball or personall commands of the King which is objected We affirme few things to be subject thereto by the law But his Majesties