a Corporation by the Common-Law 14 H. 8. f. 3. as the King Lords and Commons are a Corporation in Parliament and therefore they are no body without the King The death of the King dischargeth all mainprise to appeare in any Court or to keepe the peace 34 Ed 3.48 1 Ed. 4.2 The death of the King discontinues all Pleas by the Common-law 2 H. 4.8 1 H. 7.10 1 Ed. 5 1. which agreeth not with the virtuall power insisted upon now Writs are discontinued by the death of the King Ed 6. 2 Ed. 6. c. 7. Patents or Judges Commission for Justices of the Peace Sheriffs Escheators determined by his death where is the virtuall power All authority and jurisdiction spirituall and temporall is derived from the King 1 Ed. 6. c. 2. therefore none from the Housess His Majesties Subjects â— 3 Ed. 6. c. 2. 11 H. 7. c. 1. Calvins Case sâ— part Cooke 1 Pars instit 69. 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 both for common policy and duty of the Subject 5.6 Ed. c. 11. to restraine 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 and universall weale of the Realme This condemnes their continuing of the weekely Pamphlets who have beene so foule mouthed against his Majesty The punishment of all offendors against the Lawes Q. â—â—ary 1. Mar. Pl. 2. cap. 2. belongs to the King and all jurisdictions do and of right ought to belong to the King This leaves all to his Majesty All Commissions to leavy men for the warre 4.5 P. M. c â— Q Eliz. 10 Eliz. Pl. 315. are awarded by the King The power of warre onely 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 sble governmeni de 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 politick and the naturall body of the King make one body and not divers and are inseperable and indivisible The body naturall and politique make one body Plou 914.243.213 Calvins case 7. pars fol. 12 and are not to be severed 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 Candries case 5 pars fol. 1 at every Parliament takes a corporall Oath That the King is the supreame and onely 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 4â— Eliz. 3. pars instit fol. 6.2 Candries 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 39 Eliz. Hil. 1 Iacobi ibid or take him by force to imprison him untill he hath yeelded to certaine demands adjudged Treason and adjudged accordingly in the Lord Cobbams Case Atising to alter Religion established 39 Ed. Brad case f. 9. 16. By all the Judges of England ibid. 10. Eli. Plow 316 or any Law is treason 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 Law 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 and Usage proves the Law 10 Eliz. Plow 31â— and how Usage hath been is notoriously knowne The King is our onely rightfull and lawfull Leige Lord and Soveraigne K. Iames 1 Iac. cap. 1 9 Ed 4 fol 8 we doe upon the knees of our hearts adnize 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 either in person or by representation We doe acknowledge hat the true and sincere Religion of he Church is continued and established by the King And doe recognize as we are bound by the Law of God and Man the Realme of England and the Imperiall crowne thereof doth belong to him by inherent birth-right 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 compleat 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 Crown by the two Houses but by inherent birth right and that there can be no Statute without his expresse assent and destroyes the Chimera of the Kings virtuall being in the Houses To promise obedience to the Pope or any other State 3 Iae. cap. 4. 23 Eliz. c. 1. Prince or Potentate other then the King his heyres and successors is treason and therefore those persons who call the houses the Estates offend this Law Such Bils as his Majesty is bound in conscience and justice to passe K. Charles Collection of Ordinances fol. 727. 1 pars ib. fol. 728. are no Law without his assent To designe the ruine of the Kings person or of Monarchy is a monstrous and injurious charge Vbi lâ—x non distinguit non est distinguendum ibid. fol. 865. all the aforesaid Acts and Lawes do 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 politick capacity that the King is not a person trusted with a power but that it is his inherent birth-right from God Nature and Law and that he hath not his power from the people These Lawes have none of those distinctions of naturall and politicke abstractum concretum power and person in Caesars time this Island had Kings and ever since which is almost 17 hundred yeares 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 Writs which for Knights Citizens and Burgesses begins thus
Subject is bound to govern in ayd of him we only say that his power is distinguishable from his person and when he himselfe makes a distinction betwixt them commanding one thing by his legall Writs Courts and Officers and commanding another thing extrajudicially by word of mouth Letters or Ministers we are to obey his power rather than his person 5. We take not from the King all power of pardoning Delinquents we onely say it is not proper to him quarto modo For if the King pardon him which hath murthered my son his pardon shall not cut me off from my appeal and 't is more unreasonable that the Kings pardon should make a whole State which hath suffered remedilesse than any private man So if the King should deny indemnity to those which in the furie of war have done things 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 way And if his will not hold yet this is no good consequence the King is absolute in point of pardons therefore he is absolute 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 governs but thir 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 it 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 do 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 subâ—erfuge 7. We swear that the King is our supreme Governour over all persons and in all causes but we do not swear he is above all Law nor above the safetie of his people which is the end of the Law and indeed Paramount to the Law it selfe If he be above Law or liable to no restraint of our Law then we are no freer than the French or the Turks and if he be above the prime end of Law common safety then wee are not free as the French or Turks For if the totall subversion of the French or Turk were attempted they might by Gods Law imprinted in the book of Nature justifie a self-defence but we must remedilesly perish when the King pleases to command our throats Besides how atchieved the King of England such a Supremacy 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 to then to what purpose serve our Lawes nay to what purpose serve the Lawes of other Countryes for by this generall donation all Nations are condemned to all servitude as well as we If the Law of this Land bee appealed to what Bookes hath Mr. Ienkins read where hath he found out that Lex Regia whereby the people of England have given away from themselves all right in themselves Some of our Bookes tell us that we are more free than the French that the King canot oppresse us in our Personâ— oâ— 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 M. Jenkins 8. We admit that no Acts of Parliament are compleat or formally binding without the Kings assent yet this is still to be denied that therefore without this assent particularly exprest the two Houses can do nothing nor have any virtual power at all no not to examine M. Ienkins nor to do any other thing of like nature though in order to publike justice and safetie I have done and wish M. Ienkins would call in and lick up again 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 Pye-powders court-Baron Hundred court County court and every other Court of Record 5. H. 4. c. 3. 3 H. 6.46 19 H. 6.43 â—5 H. 6.5 or not of Record hath power to examine upon Oath and an examination without Oath is a communication onely examination in Law is upon Oath There is no court without a power of tryall Sir Anthony Maynes â—ase Cook 1. par Reports Lit. 2. lib. Sect. 194. 6. H. 4.1 the House of Commons have no power to try any offence nor ever practised it by Bill Indictment Information Plaint or Originall Writ to reduce it to tryall 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 incipiâ—a â—ine The Writ whereby they are called gives them power Ad faciendum consentiendum â— paâ—s instit fol. â— 9. To what To such things Quae ibidem de communi consilio ordiâ—â—â— contingerint 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 treate 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 Judges and to his Counsell at Law The words in the Writ are To appeare and attend the Parliament Consilium impensuri the one doth conâ—ulere the other sacere conseâ—tire The House of Lords where the King sits in person assisted by His Lords Judges Serjeants Atturney 7 H. 6.28 1 H. 7. â—0* 13 Ed. 3. c. 5. 4 pars inst p. 21. Sollicitor Masters of the Chancery is a court of Record to many purposes set down in the Bookes of Law and the Statutes of the Land and that court is onely in the House of Lords where the King sits A court must either bee by the Kings Patent Statute Law or by the common Law Plowd Com. 319. which is common and constant usage the House of commons hath no Patent to bee a court nor Statute Law to bee a court nor common usage they have no Journall Booke but since Edward
Soveraigne Lord at all seasons when need shall be Here the supreame power in the time of Parliament by both Houses is declared to belong to the King At the beginning of every Parliament all Armes are 7. Ed. 2.4 pars instit 14. or ought to be forbidden to be borne in London Westminster or the Subburbs This condemnes the multitudes comming to Westminster and the Guards of armed men All who held by Knights service 1 Edw. 2. de Militibus and had twenty pounds per annum were distraynable ad Arma militaria suscipienda This agrees with the Records of ancient time continued constantly in all Kings times but at this Parliament 3. November 1640. The King out of his grace discharged this duty which proves that the power of warre and preparation thereto belongs not to the two Houses but only to the King The two Spencers in Edw. 2. Edw. 3. Caâ—vins Case Cookâ—e 7. fol. 11. time hatched to cover their Treason this damnable and damned opinion viz That Ligeance was more by reason of the Kings politick capacity then of his person upon which they inferred these execrable and detestable consequences First if the King demeaned not himselfe by reason in the right of his Crowne his Lieges are bound by Oath to remove him Secondly seeing the King could not be removed by suit of Law it was to be done by force Thirdly that his Lieges be bound to governe in default of him All which tenets were condemned by two Parliaments the one called exilium Hugonis in Ed. 2. time the other by 1. Edw. 3. cap. 2. All which Articles against the Spencers are confirmed by this last Statute the Artiles are extant in the booke called vetera Statuta The separation of the Kings person from his power is the principall Article condemned and yet all these three damnable detestable and execrable consequents are the grounds whereupon this present time relies and the principles whereupon the two houses found their cause The Villeine of a Lord in the presence of the King cannot be seized â—â—â—nden com 322. â—y ass pl. 49 for the presence of the King is a protection for that time to him This shewes what reverence the Law gives to the person of a King Regis 33 Ed. 3. â—yde de roy 203 Fitz 30 H. 7.16 sacro oleo uncti sunt capaâ—es spiritualis jurisdictionis But the two Houses were never held capable of that power Rex est persona mixta cum sacerdote haâ—et Ecclesiasticam spiritualem jurisdictionem This shewes the Kings power in Ecclesiasticall Causes The Lands of the King is called in Law Patromoniâ—n sacrum Com. Sur. Littl Sect. 4. The Houses should not have meddled with that sacred Patromony 3 Ed. 3.19 The King hath no Peere in his Land and cannot be judged Ergo the two Houses are not above him The Parliament 15. Ed. 3. was repealed for that is was against the Kings Lawes and prerogative 4 part institâ— fol. 25. This shewes cleerely the Propositions sent to Newcastle ought not to have beene presented to his Majesty For that they are contrary to the Lawes and his Prerogative The Lords and Commons cannot assent in Parliament to any thing that tends to the dis-inherifion of the King and his Crowne 4 Part Cooke inâ—â—it fol. 14. 42. E. 3. to which they are sworne This condemnes the said Propositions likewise To depose the King Parliamenâ— Rol. num 7. Rex 〈◊〉 suetudâ— Parâ—amenti to imprison him untill he assent to certaine dedemands a warre to alter the Religion established by Law or any other Law or to remove Councellors to hold a Castle or Fort against the King are offences against that Law declared to be treason by the resolution herein after mentioned by that Law men are bound to ayd the King when warre is levied against him in his Realme 25 Ed. 3. cap. 2. King in his Statute must be intended in his naturall body and person that only can dye for to compasse his death and declare it by overt Act is declared thereby treason to incounter in fight such as come to ayd the King in his warres is treason Compassing of the Qâ—â—ens death of the Kings Eldest Sonne to coyne his money to counterfeit his Great-Seale to levy Warre against him to adhere to such as shall so doe are declared by that Act to be high treason This Statute cannot referre to the King in his politique capacity but to his naturall which is inseperable from the politick for a body politick can have neither Wife 〈◊〉 13. nor Childe nor levy Warre nor doe any Act but by the operation of the naturall body A Corporation or body politick hath no soule or life but is a fiction of the Law and the Statute meant not â—â—ctitious persons but the body naturall conjoned with the politique which are inseperable The clause in that Act that no man should sue for grace or pardon for any offence condemned or forfeiture given by that Act 21 Ed. 4.14 â— 2.11 an was repealed by a subsequent Act in 21. R. â— holden unreasonable without example and against the Law and custome of the Parliament This condemnes the Proposition for disabling the King to Pardon 4 pars instit fol. 42. 4. Pars instit fol. 42. The Act of 11. R. 2. so much urged by the other side was an Act to which the King consented and so a perfect Act yet Note the Army then about the Towne Note that that Law is a-against private persons and by the 3. cap. thereof the treasons there declared are declared to be new treasons made by that Act and not to be drawne to example it was abrogated 21. R. 2. and revived by an usurper 1 H. 4. to please the people and by the tenth chap. thereof enacts that nothing shall be treason but what is declared by 25. Ed. 3. 16. Ed. cap. 5.16 R. 2. cap. 5. H. 4. The Regality of the Crowne of England is immediately subject to God and to none other Plaine words shewing where the supreame power is The Commission of Array is in force and no other Commission Rot. Parlm 5. H. 4. numb 24. an Act not printed this Act was repealed by 4. and 5. P. M cap. 2. this repealed by the Act of 1 Iacobi and so it is of force at this day for the repealing Statute is repealed 4. pars instituâ— fol. 51. 125 published fithence this Parliament by the desire of the house of Commons their Order is printed in the last leafe of the commentaries upon Magna Charta Sir Edward Cooke A booke alowed by Sir Na Brent called the reason of the War fol. 65. by their party is holden for the Oracle of the Law who wrote the said fourth part in a calme and quiet time and I may say when there was no need to defend the authority of the Commission of Array For that objection that that Commission leaves power to the
proceribus c. King charles being to have conforence and Treaty with his Prelates and Peeres carolus Rex cannot have colloquium et tractatum Conference and Treaty when he is deceased 2 H. 5. Cook title Parl. 3. pars and therefore it is as impossible for any Parliament to continue as long as they please as for a Parliament to make a dead man alive For Repugnancy That which is but for a time cannot be affirmed to have continuance for even it is repugnant The end of the Act 17 Caroli Regis which is to continue at pleasure is in the said act expressed to be to raise credit for Mony for these three purposes First for relief of his Majesties Army and People in the North. Secondly for preventing the imminent danger of the Kingdome Thirdly for supply of other his Majesties present and urgent occasions These ends are ended the relief of that Army the imminent danger supposed was six yeares agoâ— the supply of his Majesty hath been a supply against Him take away the end the meanes thereto are to no purpose Sir Anthony Maines case 5. pars 1. H. 4.6 Littl. cap. Villen take away the cause the effect ceaseth and therefore the three ends of this Act being determined it agreeth with Law and reason the Act should end the Law rejects things unprofitable and uselesse A perpetuall Parliament besides that it incites men to selfe-ends destructive of the publique of which the whole Kingdom hath had sufficient experience will be a constant charge to the Kingdom for that every County and Borough who send Members to the Parliament are by the Law to pay Wages to their Parliament-men which to many Counties will amount above some Subsidies yearly there are many poor Borough-Towns in each County of this Kingdom who being to maintain two Burgesses in Parliament will be quickly beggered if the Parliament have no end for all which reasons it is clear that such long continuance of Parliaments will instead of a remedy which is and ought to be the proper and true ends of Parliament become an insufferable Grievance and Oppression to all the People of the Land The Writ of Summons this Parliament is the Basis and Foundation of the Parliament If the foundation be destroyed the Parliament falls The Assembly of Parliament is for three purposes Rex est habiturus colloquium tractatum cum Praelatis magnatibus et proceribus super arduis negotijs concernentibus 1. nos 2. Defensionem regninostri 3. defensionem Ecclesiâ—â—-Anglica nae This parliament hath overthrown this foundation in all three parts 1. Nos The King they have Chased him away and imprisoned him they have voted no prelates and that a number of other Lords about fourty in the City must not come to the House and about fourty more are out of Town the colloquium tractatus are made void thereby For the King cannot consult and treat there with men removed from thence 2. Defensionem regmâ—nostri that is gone they have made it their Kingdom not His for they have usurped all his Soveraignty 3. Defensionem Ecclesiae Anglicanâ— that is gone that Ecclesia Anglicana must be understood necessarily that Church that at the test of the Writ was Ecclesia Anglicana they have destroyed that too So now these men would be called a Parliament having abated quashed and made nothing of the Writ whereby they were summoned and assembled If the Writ be made void All the Processe is void also that House must needs fal where the Foundation is overthrown Sublaâ—o fundamentâ— opus cadit the foundation being taken away the work fals is both a Maxime in Law and reason For some years past there is no crime from treason to trespass but they are guilty of all treasons Felonies Robberies Tresspasses are câ—ntra pacem coronam dignitatem Regis against the Peace Crown and Dignity of the King as appeares by all Indictments in all Ages Pax Regis the Kings peace Corona Regis the Kings crown Dignitas Regis the Kings dignity are all trod under foot and made nothing Pax Regis the peace of the King is become a Warre against the King his Dignity put into Prison and the Crown put upon their owne heads All the Judges of England have resolved that Noble Men committing Treason have forfeited their office and Dignity Nevils case 7. part 34.2 Iac. their office is to councell the King in time of Peace to defend him in time of Warre and therefore those men against the duty and end of their Dignity taking not only councell but Armes also to destroy him and being thereof attaint by due course of Law By a tacit condition annexed to the estate of their dignity have forfited the same they are the words of the law and therefore they have made themselves incapable to be Members of the upper House The Oppressions of the People Briberies Extortions Monopolies ought to be inquired after by the House of Commons and complained of to the King and Lords What have they done The House of Commons cannot by the Law commit any man to prison who is not of the said House for Treason Murder or Fellony oâ— any thing but for the disturbance of the publique peace by the priviledge of the whole Body They have no power by the Writ which the King issueth to elect and returne Members of that house so to do For the Writ for them is onely ad faciendum consentiendum to those things where of his Majesty shal consult and treat with his Prelates and Nobles dâ— communi consilio regni shall be there ordained as appears by the Writ Here is no separate power given over the Kings people to them but only ad faciendum â—onsentiendum and in all times this â—â—th beene expounded and restrained to that which concerned their own Members in relation to the publique Service 4. pars inst 23 24 25. as they are Members of the corporate Body of the Parliament where of the King is the Head But that the House of Commons have commited any man for Treason Murder or Felony or for any offence that had no relation to a Member of the House of Commons as it is against Law and reason so no instance can be given till this Parliament All Questions and Tryalls where witnesse are examined 19. H. 6.43.22 E 4.22.5 H. 4. c. 8.3 H. 6.46 the Examination is upon Oath by the Law by all our Books Statutes every dayes practice Examination without an Oath is but a loose discourse therefore the House of Commons not claiming power to give Oath have no power to examine any man No man shall be imprisoned by the King or his Councell 25. E. 3. c 4. Petition of Right 3 Car. unles it be by indictment presentment of his good and lawfull Neighbours where such deeds be done in due manner or by process made by Writ original at the Common Law this Statute rehearses Magna Charta p. 29. expounds