separable from his Person is High Treason by the Law of the Land which is so declared by that learned man of the Law Sir Edward Coke so much magnified by this present Parliament who in the 7. part of his Reports in Calv. Case fo 11. saith thus In the reigne of Edward the second the Spencers the Father and Son to cover the Treason hatched in their hearts invented this damnable and damned opinion that Homage and Oath of Ligeance was more by reason of the Kings Crowne that is of his politicke capacity then by reason of the person of the King upon which opinion they inferred 3. execrable and detestable consequences 1. If the King doe not demeane himselfe by reason in the right of his Crowne his lieges are bound by Oath to remove the King 2. seeing that the King could not be reformed by suit of Law that ought to be done per aspertee that is by force 3. That his lieges be bound to governe in aid of him and in default of him All which were condemned by two Parliaments one in the raigne of Edw 2. called exilium Hugonis le Spencer and the other in Anno 1. Edw. 3. cap. 2. And that the naturall body and politicke makes one indivisible body and that these two bodies incorporate in one person make one body and not divers is resolved as the Law of England 4. Eliz. Ploydon Com. fol. 213. by Sir Cobert Catlin Lord Chiefe Justice of England Sir James Dier Lord Chief Justice of the Common Pleas the Lord Sanders Lord Chiefe Baron of the Exchequer and by the rest of the Judges viz. Justice Rastall Justice Browne Justice Corbet Justice Weston Baron Frevyll Conne and Pewdrell Sergeant Gerrard Atturny Generall Carreâ— Atturny of the Dutch Plowdon the learnedst man of that age in the knowledge of the Law and Customes of the Realm 8. The Law in all ages without any controversie is and hath beene That no Act of Parliament bindes the Subjects of this Land without the assent of the King either for person Lands Goods or Fame No man can shew any sillable letter or line to the contrary in the bookes of the Law or printed Acts of Parliament in any age in this Land If the vertuall Power be in the Houses there needes no assent of the Kings The stiles of the Acts printed from 9. Hen. 3. to 1. Hen. 7. were either 9 Hen. 3. Magna Charta So in every age till this day and in every Kings time as appears by the Acts in Print 1 part of the Instit Sect. 234. in fine where many of the Law-Bookes are cited 7. H. 7.14.12 of Hen. 7.20 The King ordaines at his Parliament c. or the King ordaineth by the advice of his Prelats and Barons and at the humble Petition of the Commons c. In Hen. 7. his time the Stile altered and hath sithence continued thus It is ordained by the Kings Majesty and the Lords spirituall and temporall and Commons in this present Parliament assembled So that alwayes the Assent of the King giveth the life to all as the soule to the body and therefore our Law-Bookes call the King the Fountaine of Justice and the life of the Law 9. 2. H. 4. c. 22. 4 pars instit 42. M. Prin in his Treatise of the great Seale Fol. 17.27 Hen. 8. Chap. 24. Mercy as well as Justice belongs by the law of the Land only to the King This is confessed by Master Prynn and it is so without any quection The King can only pardon and never more cause to have sufficient pardons then in such troublesome times as these and God send us pardons and peace None can give any pardon but the King by the Law of the Land The whole and sole power of pardoning Treasons and Felonies belongs to the King are the words of the Law and it is a delusion to take it from any other and utterly invalid 27 Hen. 8. Cap 24. 10. Queene Elizabeth summoned her first Parliament to be held the 23. of January in the first yeare of Her Majesties Raigne The Lords and Commons assembled by force of the same writ the 23. day the Queen fell sick and could not appeare in her person in Parliament that day and therefore prorogued it untill the 25. of the same Month of January Resolved by all the Judges of England 3 Of Eliz. Dier 203. that the Parliament began not the day of the returne of the writ viz. the 23. of January when the Lords and Commons appeared but the 25. of the said moneth when the Queen came in person Which sheweth evidently that this virtuall presence is a meere deluding fiction that hath no ground in Law reason or sense They have the King now a prisoner at Holmby with guards upon him and yet they governe by the vertuall Power of their Prisoner These are some of the causes and reasons which moved me to deliver that paper to Master Corbet which I am ready to justifie with my life and should hold it a great honour to die for the honourable and holy Lawes of the Land That which will save this Land from destruction is an Act of Oblivion and His Majesties gracious generall pardon the Souldiers their Arears and every man his owne and Truth and Peace established in the Land and a favourable regard to the satisfaction of tender Consciences Aprill 29. 1647. David Jenkins THE ARMIES INDEMNITY With Addition Together With a Declaration shewing how every Subject of England ought to be tried for Treasons Felonies and all other Capitall Crimes as it is set down in the Lawes of the LAND By David Jenkins now Prisoner in the Tower of LONDON Printed in the Yeare 1647. The Armies Indemnity c. UPon the publishing of the Ordinance of the 22. of May last for the Indemnity of the Army certain Gentlemen well affected to the peace of the Kingdome and safety of the Army desired me to set downe in writing whether by the Law of the Land the said Ordinance did secure them from danger as to the matters therein mentioned For whose satisfaction in a businesse wherein the lives and fortunes of so many men were concerned and the Peace of the Kingdome involved I conceived I was bound in duty and conscience faithfully and truly to set downe what the Law of the Land therein is which accordingly I have with all sincerity expressed in this following discourse The danger of the Army by the Law of the Land is apparent to all men 25. Ed. 3. c. 11. 2 Ri. 2. cap. 3. 1 Hen. 4. c. 10. 1 and 2. Phil. and Mary c. 10 It is high Treason by the Law of the Land to leavy warre against the King to compasse or imagine his death or the death of his Queene or of his eldest Sonne to counterfeit his Money or his great Seale They are the words of the Law Other Treasons then are specified in that Act are declared to be no Treasons untill the King and
Declarations otherwise truth must be said and will be said that there is brought in a new arbitrary and tyrannicall government If the Lords have taken one mans life by an Ordinance they are not bound to take any more and the case differs in case any appeale be made from a tryall by Ordinance to a tryall at common law which was not done by that man whose life was taken away by an Ordinance The Lords ought to remember that his Majesty and his Progenitors have made them a house of Peeres they are trusted to counsell him in peace f Nevels case 8. part Cooks reports and defend him in war his Majesty in Parliament is to consult and treat with the Peers and with his Counsell at Law Judges his Sergeants Atturney and Solicitor and Masters of the Chancery the Lords and that counsell by the respective Writs of Summons to Parliament are to give Counsell g 4 Pars instit fol. 4.9 the House of Commons by their Writ to performe and consent In the House of Lords the Court of Parliament only is for they only examine upon oath h 1 H. 7. fol. 20. with them the King in person sits and by them there erroneous judgements * 14. Ed. 3. c. 5. upon a Petition to his Majesty for obtaining of a Writ of Errour by the advice of the Judges are reversed or affirmed c. the Lords are to remember that their eminency and grandeur is preserved by the Laws if they leave all to will and dishonour their King and make nothing of the Lawes they will make nothing of themselves in the end And therefore it is well worth your observation what was said by Mr Iohn Pym a Member of the House of Commons in his speech against the Earle of Strafford in the beginning of the Parliament which speech is published by the expresse order of the House of Commons the words are these The Law is that which puts a difference betwixt good and evill betwixt just and unjust if you take away the Law all things will fall into a confusion every man will become a Law unto himselfe which in the depraved condition of humane nature must needs produce many great enormities Lust will become a Law and Envy will become a Law Covetousnesse and Ambition will become Lawes and what diâ—tates what decisions such Lawes will produce may easily be discerned i See part book deel pag. 140.163 c. They that love this Common-wealth as things now stand will use all meanes to procure an Act of Oblivion a generall pardon from his Majesty the Souldiers their Arrears and tender consciences a just and reasonable satisfaction else we all must perish first or last God preserve His Majesty and the Lawes wherein their Lordships and the whole Kingdome are concerned Mai. 17. 1647. David Ienkins Prisoner in the Tower of London FINIS TO THE HONORABLE Societies of Grayes-Jnne and of the rest of the Innes of Court and to all the Professors of the LAW I Have now spent Forty five yeares in the Study of the Lawes of this Land being my profession under and by the conduct of which Lawes this common-wealth hath flourished for some ages past in great splendor and happinesse jam seges est ubi Troja fuit The great full body of this Kingdome hath of late yeares fallen into an extreame sicknesse it is truly said that the cause of the disease being knowne the disease is easily cured There is none of you I hope but doth heartily wish the recovery of our common parent our native country Moribus antiquis stat res Britannica I call God to witnes that this discourse of mine hath no other end then my wishes of the commonâ—gâ—od how farr I have been from Ambition my life past and your owne knowledge of me can abundantly informe you and many of you well know that I ever dâ—tested the ship 〈◊〉 and monopolies that in the beginning of this Parliament for opposing the excesses of one of the Bishopes I lay under three Excommunications and the Examination of seeventy seven Articles in the high Commission Court His sacred Majesty God is my witnes made mee a judge in the parts of Wales against my will and all the meanes I was able to make and a patent for my place was sent mee for the which I have not paid one farthing and the place is of so inconsiderable a benefit that it is worth but 80. l. per Annum when paid and it cost me every yeare I served twice as much out of mine owne estate in the way of an ordinary and frugall expence That which gave me comfort was that I knew well that his Majestie was a just and a prudent Prince In the time of the Attournyships of Master Noy and the Lord Banks they Were pleased to make often use of me and many referrences concerning suits at Court upon that occasion came to my knowledge and as I shall answer to God upon my last account this is truth that all or most of the referrences which I have seen in that Kind and I have seen many were to this effect That his Majesty would be informed by his Counsell if the suits preferred were agreeable to the Lawes and not inconvenient to his people before he would pass them What could a just and pious Prince do more Gentlemen you shall find the Cause and the Curse of the present great distemper in this discourse and God Prosper it in your hands thoughts and words as the Case deserves Hold to the Lawes this great body recovers for sake them it will certainly perish I have resolved to tender my selfe a Sacrifice for them as cheerefully and I hope by Gods assistance as constantly as old Eleazer did for the holy Lawes of his Nation Your well-wisher DAVID JENKINS Now Prisoner in the Tower LEX TERRAE THE Law of this Land hath three grounds First Custom Secondly Iudiciall Records Thirdly Acts of Parliament The two latter are but declarations of the Common-Law and Custome of the Realme touching Royall Government And this Law of Royall-Government is a Law-Fundamentall The Government of this Kingdome by a Royall Soveraign hath beene as ancient as history is or the memoriall of any time The kings prerogative is a principall part of the common Law Com Littâ— 344 what power this Soveraignty alwayes had and used in warre and peace in this land is the scope of this discourse That Vsage so practised makes therein a Fundamentall Law and the Common Law of the Land is common Vsage Plâ—wdens Commentaries 195. For the first of our Kings â—ithence the Norman conquest the first William second William Henry the first Stephen Henry the second and Richard the first the Customs of the Realme touching Royall Government were never questioned The said Kings injoyed them in a full measunt In King Iohns time the Nobles and Commons of the Realme conceiving that the arcient customes and Rights were violated and thereupon pressing the
and the subversion of the Law and Land laying taxes on the people never heard of before in this Land devised new oathes to oppose forces ray fed by the King not to adhaere to him but to them in this Warre which they call the Negative Oath and the Vow and Covenant By severall wayes never used in this Kingdome they have raised monies to foment this warre and especially to inrich some among them namely first Excise secondly Contributions thirdly Sequestrations fourthly Fift parts fiftly Twentieth Parts fixtly Meale-money seventhly Sale of Plundered goods â—ightly Loanes ninthly Benevolences tenthly Collections upon their Fast-dayes eleventhly new Inpositions upon Merchandizes twelvethly Guards maintained upon the charge of private men thirteenthly Fifty Subsidies at one time fourteenthly Compositions with such as they call Delinquents fifteenthly Sale of Bishops lands c. From the Kings party meanes of subsistance are taken 1 R. 3. cap. 3. â—ract li. 3. c. 8. Stanford 192. Sir Ger. Fleetwoods Case 8. pars Cook 7. H. 4 last lease before any indictment their Lands seized their goods taken the Law allows a Traytor or Fellon attainted Necessaria sibi familie sua in victâ—â— vâ—stitu where is the Covenant where is the Petition of light where is the liberty of the subject First We have ayded the King in this warre contrary to the negative oath and other votes Our warrant is the twenty fifth of Edward the third the second Chapter and the said resolutions of all the Judges Secondly Wee have maintained the Commission of Array by the Kings Command contrary to their votes We are warranted by the statute of the fifth of Henry the fourth and the judgement of Sir Edward Cooke the Oracle of the Law as they call him Thirdly We maintained Arch-Bishops and Bishops whom they would suppresse Our warrant is Magna Charta and many statutes more Fourthly we have maintained the booke of Common prayer they suppresse it Our warrant is five acts of Parliament in Edward the sixt and Queene Elizabeths time 5. Peschâ— 35. Elizabeth inter placita Coronae in Banco Regis New booke of Entries sol 252. Penry for publishing two scandalous Libels against the Church government was indicted arraigned attainted and executed at Tyburne Fifthly We maintained the Militia of the Kingdome to belong to the King they the contrary Our warrant is the statute of the seventh of Edward the first and many statures sithence the practise of all times and the custome of the Realm Sixthly We maintained the counterfeiting of the great Seale to be high Treason and so of the usurpation of the Kings Forts Ports Shipping Castles and his Revenue and the Coyning of money against them We 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 Seventhly We maintaine that the King is the only supreme govermour in all causes They that his Majesly is to be governed by them Our warrant is the statures of the first of Q. Eliza. Chapter the first and the fifth of Q. Elizabeth the first Eighthly 9. Ed. 4. sol 4. Wee maintaine that the King is King by an inhaerent birth-right by nature by Gods law and by the layâ— of the Land They say his Kingly right is an 〈…〉 Our warrant is the statute of the first of King Jaâ—â—â— Chapter the first And the resolution of all the Judges of England in Calvins case Ninthly We maintain that the politick capacity iâ— not to be severed from the naturall They hold the contrary Our warrant is two flatures viz. â—xilium 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. fol. 11. Tenthly we maintain that who aids the King at home or abroad 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 maintain 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 Twelfthly We maintain that Parliaments ought to be holden in a grave and peaceable manner without â—â—ults They allowed multitudes of the meanest sort of people to come to Westminster to cry for Coll. of Ord. fol. 31. Justice when they could not have their will and keep guards of armed men to wait upon them Our warrant is the Statute of the seventh of Edward the second and their Oracle Thirteenthly We maintain that there is no state within this Kingdome but the Kings Majesty and that to adhere to any other State within this Kingdome is high treason our warrant is the Statute of the third of King James Chapter the fourth and the â—â—enty third of Queen Elizabeth Chapter the first Fourteenthly We maintain that to levy a warre to remove Councellours to alter religion or any Law established is high Treason They hold the contrary One warrant is the resolutions of all the judges of England in Queen Elisabeths time and their oracle agrees with the same Fifteenthly We maintain that no man 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 customer of the Realm or by act of Parliament They practise the contrary in London Bristol 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 fortunes 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 amisse they had from the third of November 1640 to the tenth of Ianuary 1641 time to punish them being all left to Justice where is the Kings fault The law faith the King can do no wrong 11 pars Cooks Reports Magdalen Colledge Cale that he is medicus Regni pater patriae sponsus regni qui per annlum is espoused to his Realm at his Coronation The King is Gods Lieutenant and is not able to do 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 repeal them The objection is very weak a Parliament succeeding to that may repeal that repealing Parliament That feare is endlesse and remedilesse for it is the
facto but not de jure Ed. 4. c. â— but not de jure as appeares by the Acts of Parliament declaring them so And by all our Law-Bookes and the fundamentall constitution of the Land Regall power is hereditarie and not elective For the words vulgus-elegerit if vulgus be applyed to the House of Commons 1 H. 7. they of themselves can make no Lawes The Peeres were never yet tearmed 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 Customes cannot referre to future time â—5 Ob. and both are conpled Lawes and Customes Princes have beene deposed and may be by the two Houfes go. The deposers were Traytors Sol. as appeares by the resolution of all the Judges of England Coke Chap. 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 The appeale to the Parliament for errors in judgements in all Courts 16 Ob. is frequent go. This is onely to the House of Lords Sol. and that is not the Parliament the House of Commons have nothing to doe therewith and in the House of Peeres if a Writ of Error be brought to reverse any judgement 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 Chancerie assist there by whose advice erroneous judgements are redressed The Parliaments have determined of the rights of Kings 17 Ob. 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. Elizab. Chapter the first and the discent of the Crowne is guided rather by a Parliamentarie Title then by Common Law go. If this Objection be true Sol. that the Title to the Crowne is by Parliament then we had no Usurpers for they all had Parliaments to back them yea Richard the third that Monster All cur Bookes of Law say they have the Crowne by discent and the Statutes of the Land declare that they have the same by inherent birth-right And the Statute of the thirteenth of Elizabeth the first Chapter was made to secure Q Elizabeth against the Qu. of Scaâ—â— then in the kingdome clayming the Grown of England and having many adherent◠〈…〉 〈…〉 〈…〉 And that Statute to that end a firmes no such power in the two Homfor which is the Question but in Q Elizabeth and the two Houses which makes against the pretence of this time Master Prynne fol. 104. of his booke intituled The Parliaments supreme power c. Objecting the Statute of the first of Queen Elizabeth and his own Oath that the king is the onely supreme Governour of this Realme Answers The Parliament is the supreme power and the king supreme Governour And yet there he allowes him a Negative Voyce and fol. 107. confesseth that Acts of Parliament translated the Crowne from the right Heires at Common-law to others who had no good Title then the Parliamentary Title makes not the king so powerfull in truth that it escapes from a man unawares To make a distinction betweene Supreme Governour and Supreme power is very strange for who can Governe without power The king assembles the Parliament by His Writ adjourns Vide Speed 645.4 par Instit 27. 1. prorogues and dissolves the Parliament by the law at his pleasure as is evident by constant practise the House of Commons never sate after an adjournment of the Parliament by the kings command Where is the supreme Power The king by his Oath 1â—â— Ob. is bound to deny no man right much lesse the Parliament to agree to all just and necessary lawes proposed by them to the king This is the substance of the discourse against the kings Negative Voyce The king is so bound as is set downe in the Objection but who shall judge whether the Bill proposed be just and necessary Sol. For all that they doe propose are so pretended and carried in either House sometimes by one or two Voyces or some few as aforesaid and certainly as hath been shewn the king his Councell of State his Judges Sargeants Attorney Sollicitor and twelve Masters of the Chatcery can better judge of them then two or three or few more Mr. Pryn fol. 45. In his book of the Parliaments interest to nominate Privie-Councellors calleth the opinion of the Spencers to divide the Person of the King from his Crowne a strange opinion Calvins case 7. pars fol. 11. and cites Calvins Case but leaves out the conclusions there in mentioned fol. 15. Master Prynne saith there But let this opinion bee what it will without the Kings Grace and Pardon it will goe very far and two Acts of Parliament there mentioned are beyond an opinion And in his Book of the opening of the Great Scale fol. 17. The Parliament hath no jurisdiction to use the Great Seale for Pardons Generall or Particular Where is the Supreme power Mr. â—9 Ob. Prynnes opening of the Seale pag. 19. saith The Noblemen and State the day after the Funerall of King Henry the third King Edward the first his sonne being in the Holy Land made a new Great Seale and Keepers of the same And in Henry the sixts time in the first yeere of his Reigne the like was done in Parliament A facto Sol. ad jus is no good Argument for that in Edward the firsts time it was no Parliament for King Henry the 3. was dead which dissolved the Parliament if called in his time and it could be no Parliament of Edward the firsts time for no Writ issued to summon a Parliament in his Name nor could issue but under that New Seale it was so sodainly done after Henry the thirds death King Edward the first being then in the Holy Land it was the first yeere of his Reign and no Parliament was held that yeere nor the second yeere of his Reigne The first Parliament that was in his Reigne was in the third yeere of his Reigne as appeares by the Printed Acts. Also the making of that Seale was by some Lords then present What hand had the Commons in it Concerning the Seale made in Henry the sixths time the Protector was Vice-Roy according to the course of Law and so the making of that Seal was by the Protector in the Kings name and that Protector Humphrey Duke of Gloucester as Protector in the kings Name summoned that Parliament and was Protector made by the Lords and not in Parliament as appeareth plainely for that Parliament was in the first of Henry the sixth and the first holden in his time and power given by Commission to the
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