Jan. 1641. as aforesaid being a yeare 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 beens 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 conceivd by them to be 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 Queen Mary done well to have refused this bill Many such instances may be given The two Houses now at Westminster 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 Government 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 eight 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 from 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 void and the Kings Ministers 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 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 no voult it was against Magna Charta Articuli Cleri and many other acts of Parliament And might have farther given these reasons if it had so pleased him for the same first that this Bill destroyes the writt whereby they are made two houses of Parliament the King in the writt to the Lords being Cum praelatis colloquium habere secondly they have beene in all Parliaments since we had any and voted but in such wherein they themselves were concerned And there have beene Bishops here sithence we were Christians and the fundamentall Law of the Kingdome approves of them if any of them were conceived offensive they were left to justice and his Majestie would put in inoffensive men in their places but sithence his Majestie hath passed the Bill for taking away their votes in Parliament it is a Law that binds us so farr Upon the whole matter the Law hath notably determined that Bills agreed by both houses pretended to be for the publique good are to be judged by the King for in all Kings reigns Bills have been preferred by both houses which all wayes are pretended to be for the publique good and many times are not and were rejected with Roy s'avisera or Roy ne veult This Parliament beganne the third of November 1640 before that time in all the Kings reigne no armed power did force any of the people to do any thing against the law what was done was by his Judges officers Referees and Ministers from that time untill the tenth of January 1641 when the King went from London to avoyde the danger of frequent tumults being a yeare and three months Privy Councellors and all his Justices and ministers were left to the Justice of the law there wanted 〈◊〉 time to punishable men The Sphaere of the house of Comment is to represent the grievances of the Countrey to grant aydes for the King upon all fit occasions extraordinary to assent to the making or abrogating of lawes The Orb of the house of Lords to Reforme eroneous judgements given in the Kings Bench to redresse the delayes of Courts of Justice to receive all Petitions to advise his Majestie with their Councell to have their votes in making or abrogating of Lawes and to propose for the common good what they conceive meete Lâ—x non cogit ad impossibilia Subjects are not to expect from Kings impossible things so many Judges Councellours Sheriffes Justices of the peace Commissioners Ministers of State that the King should over-looke them all cannot be it is impossible The King is virtually in his ordinary Courts of Justice so long as they continue has Courts their charge is to administer the lawes in being and not to delay defarre or sell-justice for any commandement of the King We have Lawes enough â—â—stâ—uâ—â—â—ta bâ—â—i saculi sunt boni 〈◊〉 good ministers as Judges and officers are many times wanting the houses propose now Lawes or abrogation of the old both induce novelty the law for the reasons aforesaid makes the King the only Judge who is assisted therein by a great number of grave learned and prudent men as aforesaid For the considerations aforesaid the Kings party adhered to him the law of the Land is their birth-right their guide no offence is committed where that is not violated they found the commission of Array warranted by the law they found the King in this Parliament to have quitted the Ship-money Knighthood-money seven Courts of Justice consented to a trienniall Parliament setled the Forest bounds tooke away the Clerke of the Market of the houshold trusted the house with the Navie passed an Act not to dissolve this Parliament without the Houses assent no people in the world so free if they could have been content with Lawes oathes and reason and nothing more could or can be devised to secure us neither hath been in any time Notwithstanding all this we found the King driven from London by frequent tumults that two thirds and more of the Lords had disserted that house for the same cause and the greater part of the house of Commons left that house also for the same reason new men chosen in their places against Law by the pretended Warrant of a counter set Seale and in the Kings name against his consent levying warre against him and seizing his Ports Forts Magazines and Revenue and converting them to his destruction
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
Spencers did either that the King may be removed for misdemeanours or reformed per aspertè or that the Subject is bound to govern in ayde of him we only say that his power is distinguishable from his person and when he himself makes a distinction betwixt them commanding one thing by his Legall Writs Courts and Officers and commanding another thing extrajudically by word of mouth Letters or Ministers we are to obey his power rather then his person 5. We take not from the King all power of pardoning Delinquents we only say it is not proper to him quarto modo For if the King pardon him which hath murthered my sonne his pardon shall not cut me off from my appeale and 't is more unreasonable that the Kings pardon should make a whole State which hath suffered remedilesse then any private man So if the King should deny indemnity to these which in the furie of Warre have done thingâ— unjustifiable by the Lawes of Peace and thereby keep the wounds of the State from being bound up 't is equitable that an Act of Indemnity should be made forcible another may And if this will not hold yet this is no good consequence the King is absolute in point of pardons therefore he is absolâ—â—e in all things else and the Parliament hath no power to discharge Delinquencies therefore it hath no power in other matters 6. The Parliament hath declared the King to be in no condition to govern but this must not be interpreted rigidly and without distinction for if the King with his sword drawn in his hand and pursuing the Parliament and their adherents as Rebels be not fit for all Acts of Government yet 't is not hereby insinuated that he is divested of the habit or right of governing If he be unqualified now he is not unqualified for the future if he may not doe things destructive to the Parliament he is not barred from returning to the Parliament or doing justice to the Parliament This is a frivolous cavil and subturfuge 7. We sweare that the King is our supreme Governour over all persons and in all Causes but we doe not sweare that he is above all Law nor above the safety of his people which is the end of the Law and indeed Paramount to the Law it selfe If he be above all Law or liable to no restraint of our Law then we are no freer then the French or the Turks and if he be above the prime and of Law common fafety then we are not so free as the French or Turks For if the totall subversion of the French or the Turk were attempted they might by Gods Law imprinted in the Book of Nature justifie a self-defence but we must remedilesty perish when the King pleases to command our threats Besides how atchieved the King of England such a Supremacie above all Law and the community it selfe for whose behoofe Law was made If Gods donation be pleaded which is not speciall to him or different from what other Kings may pretend toâ— then to what purpose serve our Laws nay to what purpose serve the Laws of other Countries for by this generall donation all Nations are condemned to all servitude as well as we If the Law of this Land be appealed to what Books hath Mr Ienkins read where hath he found on t that Lex Regia whereby the people of England have given away from themselves all right in themselves Some of our Books tell us that we are more free then the French that the King cannot oppresse us in our our persons or estates by imprisonment denying justice or laying Taxes without our consents other Books tell us that the safety of the people is the supreme Law and that the King hath both God and the Law for his Superiour But all this is nothing to learned Mr Ienkins 8. We admit that no Acts of Parliament are compleat or formally binding without the Kings assent yet this is still to be denyed that therefore without this assent particularly exprest the two Houses can doe nothing nor have any virtuall power at all no not to examine Mr Ienkins nor to doe any other thing of like nature though in order to publick justice and safety I have done and wish Mr Ienkins would call in and lick up againe his black infamous execrable reproaches so filthily vomited out against the Parliament To the first I Was examined by a Committee appointed by the House of Commons I say and said that the House of Commons have no power to examine me for that it is no Court every Court hath power to examine upon Oath this power the House of Commons never claimed The Court of Pie-powders Court-Baron Hundred Court 5 H. 4. c. 3. 3 H. 6.46 1 H 6.43 35 H. 6.5 County Court and every other Court of Record or not of Record hath power to examine upon oath and an examination without Oath is a communication only examination in Law is upon Oath There is no Court without a power of tryall the House of Commons have no power to try any offence Sir Anthony Maynes case Cook 5. pars Reports Lit. 2. lib. Sect. 194.6 H. 4.1 nor ever practised it by Bill Inditement Information Plaint or Originall to deduce it to tryal nor to try it by Verdict Demurrer or Examination of Witnesses upon Oath without which there can be no condemnation or judgement and that which can attaine to no reasonable end the Law rejects as a thing inutile and uselesse Sapiens incipit a fine The Writ Whereby they are called gives them power Aâ— faciendum consentiendum to what to such things Que ibidem de communi Consilie ordinari contigerint 4 pars instit fol. 4. 9. viz. in the Parliament This makes nothing at all for a Court for the House of Commons that consilium which that Writ intends is cleared partly by the Writ for chusing Knights c. For the King by that Writ is said to resolve to consult and treat with the Prelates and Peeres of the Kingdome for and touching the great concernments of the Common-wealth for the King never sits in the House of Commons and this also is made evident by the Writs to the Prelates Peeres Iudges and to his Councell at Law the words in their Writ are To appear and attend the Parliament consilium impensuri the one doth consulere the other facere consentire The House of Lords where the King sits in person 7. H. 6.28 1 H. 7.20 13. E. 3. ca. 5. 4 pars instit pag. 21. assisted by his Lords Judges Serjeants Atturney Sollicitor Masters of the Cnancery is a Court of Record to many purposes set down in the Books of Law and the Statutes of the Land and that Court is only in the House of Lords where the Kings sits A Court must either be by the Kings Patent Statute Law or by the Common Law which is common and constant usage the House of Commons hath no Patent to be a
all persons this Oath is taken now in the Parliament time by all the Members of the House of Commons and is required by the Law to be taken in all Parliaments otherwise they have no power nor colour to meddle with the publike Affaires This Oath being taken in Parliament that the King is the only and Supreme Governour in all Causes then it followes in Parliament causes over all persons then over the two Houses let them keep this Oath and we shall be sure of peace in the Land and good Lawyers ought to desire peace both for the publike good and â—heir private and not dishonour that Noble profession as many doe in this miserable time The Gent. sayes We doe not sweare that the King iâ— above all Law nor above the safety of his people neither doe we so sweare but His Majesty and we will sweare to the contrary and have swom and have made good and will by Gods grace make good our Oath to the world that the King is not above the Law nor above the safety of his people the Law and the safery of his people are his safety his Honour and his Strength AD. 8. The Gent. concludes That Acts of Parliament are not formally binding nor compleat without the Kings assent yet the Houses have a virtuall power without the Kings particular assent to doe things in order to publike Iustice and Safety viz In setting up the Excise in raising and maintaining of Armies in taxing the peo-peo-people at pleasure with Fifth and Twentieth part Fifty Subsidies Sequestrations Loanes Compositions imprisoning the King abolishing the Common-prayer-Book selling the Churches Lands c. all these are in order to the publike Justice and Safety Mr H.P. you are of my profession I beseech you for the good of your Countrey for the Honour of our Science perswade your selfe and others as much as in you lies to believe and follow the monition and Councell of that memorable reverend and profoundly learned in the Lawes and Customes of the Land the Lord Coke who writes as becomes a great and a learned Judge of the Law a person much magnified by the two Houses in these words Peruse over all Books Records and Histories and you shall finds a Principle in Law 3 Pars Instit p. 36. a Rule in Reason and a Tryall in Experience that Treason doth over producâ— futall and finall destruction to the offender and never attaines to the desired and two incidents inseparable thereunto and therefore lâ—t all men abandon it as the poysonous hait of the Devill and follow the Precept in holy Scripture SERVE GOD HONOVR THE KING AND HAVE NO COMPANY WITH THE SEDITIOVS CONCLUSION I Say againe that without an Act of Obliviow a gracious generall Pardon from His Majesty the Arreares of the Soulaiers paid a favorable regard had to tender Consciences there will be neither Truth nor Peace in this Land nor any man secure of any thing be hath By me David Jenkins Prisoner in the Tower The End A DISCOURSE Touching the Inconveniencies of a Long continued Parliament AND THE IVDGEMENT OF THE LAW OF THE LAND In that Behalfe By DAVID JENKINS now Prisoner in the Tower of LONDON Printed in the Yeare 1647. A DISCOURSE Touching the Inconveniencies of a Long continued Parliament 1. Aerpetuall Parliament is repugnant to the Act made this Parliament for a Trienniall Parliament for how can every three years a Parliament begin if this be perpetuall which may be so if the two Houses please 2. An adjournment of the Parliament makes no Session 4 Pars Institut fol. 27. Howbeit before the Adjournment the King gives His Royall assent to some Bills Cooke ibid. 3. There is no Session till a prorogation or dissolution of the Parliament 4. This Parliament as appeares by the Act for not dissolving thereof set downe in the Printed Statutes of this Parliament fol. 138. cannot be prorogued but by Act of Parliament There hath beene as yet no Act of Parliament present and therefore all the Acts of this Parliament are Acts of one Session 5. All the Aâ—â—â— of one Session relate to the first day of the Parliament Plow â— com 79 35 H. 8. Bro. relation 35. Bro. Parl. 86. Dier 1 Mariae 45. and all the Acts of such a Paâ—liament are Acts of one day so the Act for the Trienniall and the Act for this Perpetuall are two Acts of one day by the Law 6. 4 Ed. 3. cap. and 36 Ed. 3. cap. 10. A Parliament is to bee holden once every yeere and more often if need shall bee those Acts are confirmed by the Act for the Trienniall Parliament How doth a perpetuall Parliament agree with a Parliament once every yeere or with the intention of those Lawes How doth a Parliament every three yeers agree with a Parliament for ever which may be if the two Houses please 7. The result is this at one day in Law this Parliament two Acts have passed for howbeit the one was in 16â— Carol. and the other in 17. Carol. yet both in Law are Acts of one day the one saith there shall be a Trienniall Parliament after the end of the sitting of this Parliament The other this Parliament shall sit for ever if they please The one will have a Parliament with an end the other a Parliament without an end When an Act of Parliament is against common right or Reason 8 Pars Doct. Bonhams case fol. 118. 8 Ed. 3.30 33 E. 3. cessavit 32. 27. H. G. Annuity 11. 14 Eliz. Dier 313. or repugnant or impossible to bee performed the Common Law shall controle it and adjudge this Act to bee void they are the words of the Law An Act of Parliament that a man shall bee Judge in his owne cause is a void Act. Begin with Common Right It is against Common Right that indebted men should not pay their debts That if any Member of the House of Comons doe any Subject wrong by diffeising him of his land or dispossessing him of his goods or blasting of his fame or doing violence to his person that such persons during their lives should not bee questioned by a priviledge of Parliament and that extended also to many others besides themselves Common Right doth abhorre these enormities which a perpetuall Paliament doth beget besides the utter destruction of all mens actions reall personall or mixt who have to doe with Parliament men 21 Jac. by the Statute of Limitation which confines suits to certain yeares For Common Reason Parliaments were ordained for remedies to redresse publike grievances It is against Reason they should make publike and insufferable grievances The Law of the Land allowes no protection for any man imployed in the service of the Kingdome but for a yeare to be free from suits and in many suits none at all howbeit hee be in such service 39 H. 6.39 but a Parliament perpetuall may prove a protection not for a yeare but for ever which is against all manner of Reason For
What credit is to be given to persons who make nothing of Oathes and contradict themselves How dâ—e the Covenant and the Oath of Supremacy agree How doth their Protestation and the Covenant agree How doe their Declarations and Oathes agree The Lord be mercifull to this Land for these Oaths It is a sad thing to consider that so many gentlemen who professe the lawes and so many worthy men in both Houses should be so transported as they are knowing that the Lawes of the Land from time to time and in all times are contrary to all their actions and that yet they should amuse themselves and the people with the word of Parliament without the King and with the Covenant whereas they know they are no Parliament without His Majestie and that English men throughout the Kingdome should sweare a Covenant to preserve the reformed Religion of Scotland in Doctrine Worship Discipline and Government which they no more know than the Doctrine Worship Discipline and Government of Prester Iohn in Ethiopia if they consider it they cannot but discerne that this is a high desperate and impious madnesse Be wise in time without the King and the Lawes you will never have one houre of safety for your Persons Wives Children or Estates Be good to your selves and to your Posterities apply your selves to be capable of an Act of Oblivion and of a generall Pardon and to be able and willing to pay the Souldiery and to allow a reasonable liberty for mâ—â—â— consciences and God will blesse your endeavours and the people to whom you are now very hatefull will have you in better estimation The third Quarie is thus answered You resemble the Army to Iacke Cade and his Complians and you cite the Act of Parliament of 31. Hen. 6. cap. 1. and that it may appeare who acts the Part of Iacke Cade you and that Party in the two Houses or the Army I thinke it necessary to set downe the said Act in words at large as followeth First Whereas the most abominable Tyrant horrible odious and arrant false Traytor Iohn Cade calling and naming himself sometime Mortimer sometime Cap. of Kent which name fame acts and feats are to be removed out of the speech and mind of every faithfull Christian man perpetually falsely and traiterously purposing and imagining the perpetuall destruction of the Kings said Person and finall subversion of this Realme taking upon him Royall power and gathering to him the Kings people in great numbers by false subtle imagined Language and seditiously making a stirring Rebellion and Insurrection under colour of justice for reformation of the Lawes of the said King robbing stealing and spoiling great part of his faithfull people Our said Soveraigne Lord the King considering the premises with many other which were more odious to remember by advise and consent of the Lords aforesaid and at the request of the said Commons and by authority aforesaid hath ordained and established that the said Iohn Cade shall be reputed had named and declared a false Traytour to our Soveraigne Lord the King and that all his tyranny acts feats and false opinions shall be voyded abated annulled destroyed put out of remembrance for ever and that all enditements and all things depending thereof had and made under the power of tyranny shall be like wise void annulled anated repealed and holden for none and that the bloud of 〈…〉 them be thereof defiled nor corrupted but by the authority of the said Parliament cleerely declared for even and that all enditements in times comming in like case under power of tyranny rebellion and stirring had shall be of no Record nor effect but void in Law and all the Petitions delivered to the said King in his last Parliament holden at VVestminster Noveb 6. in the 29. of his Raigne against his mind by him not agreed shall be taken and put in oblivion out of remembrance undone voyded annulled and destroyed for ever as a thing purposed against God and conscience and against His Royall Estate and preeminence and also dishonourable and unreasonable Now wee are to examine who hath trod in the stepâ— of Jack Cade you and the present prevailing party of the two Houses tooke upon them and doe take all the Royall Power in all things so did Jack Cade as appeares by the said Act the Army doe not so They who imprison the King purpose to destroy His Person our imprisoned Kings alwayes * Edward â— Henry 6. Richard 2. fared so Jack Cade did likewise so purpose but the Army doe not so The said party in the two Houses made a stirring under colour of Justice for Reformation of the Lawes so did Jack Cade The Army doe not so but desire that the Lawes should be observed Jack Cade levied Warre against the King the Army preserves Him Jack Cade dyed a Declared Traytor to his Soveraigne Lord the King this Army lives to have the glorious true Honour of being restorers of their King Simon Sudbury Archbishop of Canterbury was murtheted by Jack Cade iâ— William Laud Archbishop of Canterbury was likewise murthered by that party of the two Houses 25 Ed. 3.4 28 Ed. 3.3 Petition of Right 3 Car. for that an Ordinance by Law cannot take away any mans life his life was taken away by an Ordinance of the two Houses the Army had no hand in it Many misled by Jack Cade perceiving his Trayterous purposes fell from him and as that was lawfull just and Honourable so it is for this Army to adhere to their naturall King and to indeavour to settle the Kingdome againe in the just Lawes and Liberties thereof London did then right worthily adhere to the King and the Lawes and not to Iack Cade and his specious pretences and it is hoped they will now so doe By this it appeares that the Gentlemans Discourse touching Iack Cade fastens altogether on his party and cleareth the Army To the IV. which is solved thus The Arreares of the Army howbeit it is the least thing they looke after yet being not paid them it is by the Law of the Land a sufficient cause to leave and desert that party in the Houses A person who serves in any kinde and is not paid his wages the desertion of that service is warrantable by the Lawes of the Land Pitz. N. B. 25. 9 Ed. â— 20 38 H. 6.27 23 Eliz. Dier 369. You say the Houses will reforme all things when the Army doth disband who will beleeve it Will any beleeve that the setling of the Presbytery will doe it Will any beleeve that his Majesty will passe the Propositions sent to Him to Newcastle Will any man beleeve that this Kingdome will ever bee quiet without His Majesty and the ancient and just Lawes Can the Members of the Army conceive any of them to be safe in any thing without a Pardon from His Majesty Have they not seene some of their Fellows hanged before their eyes for actions done as Souldiers Shall the Kingdome