will not come to them and yet the King desires to come but they wil not suffer him but keepe him prisoner at Holmby so well doe their Actions and Oathes agree 5. They sweare now King Charies is their only and supreame Governor but with a resolution at the time of the Oath taking and before and after that he shall not be only or supreame Governour or only and supreame but not any Governour at all For there is no point of Government but for some yeares past they have taken to themselves and used his name only to abuse and deceive the people 6. That this virtuall power is a meere fiction their Propositions sent to Oxford to Neweastle to be signed by the King doe prove it so What needs this adoe if they have the virtuall Power with them at Wistminster 7. To affirme that the Kings power which is the vertue they talke of is 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 Cocke so much magnified by this present Parliament who in the 7 part of his Reports in Calving case fol. 11 saith thus In the reigne of Edward the second the Supencers the Father and Sonne to cover the Treason hat hed in their hearts invented this damnable and damned opinion that homage and Oath of Legeance was more by reason of the I Kings Crowne that is of his potitick capacity theu by reason of ohe person of the King upon which â—â—inion they inferred three execraâ—le and detestable consequences h. If the King to not demeaue himselfe by reason in the right of his Crowne his Lieges are bound â—y Oath to remove the King 2 seeing that the King â—ould not be retormed by â—nte of Law that ought so be dene per aspertes that is by orce 3. That his Lieges be beund to governe in â—yde of him and in default of him all which wâ—re condemned by two Parliaments one in the raigue of Edw. 2. called exilium Hugonis le Spencer and the other in anno 1. Edw 3 cap. 2. And that the naturall body and politick maks one indivisible body that these two bodies incorporate in one person make one body and not divers is resolved as the Law of Eng. 4 Ed 3 Ploydon Com. fol. 213 by Sir Co bet Catlin L. Chiefe Justice of Eng. Sir Iâ—mes Dâ—er L. Chief Justice of the Common pleas the L. Sanders L. Chief Baron of the Excheâ—ner by the rest of the Judges viz. Justice Restall Justice Browne Justice Corbet Justice weston Baron Frevylâ— Carus and Powâ—rel Sergeant to the Queene Gerrard Auturny Generall Carell Atturney of the Dutchy Pâ—owdon the learnedest man of that age in the knowledge of the Law and Customes of the Realme 8. The Law in all ages without any controversie is and hath been that no Act of Parliament bindes the Subjects of the Land without the assent of the King â— Hâ—â— 3 Mogn Charta So in every Age till this dâ—y and in every Kings time as appeares by the Acts in Print 1 part of the Iustit Sect. 234. 〈◊〉 fine where many of the Law-Bookes are â—iied 7 Hen. 7.14.12 of Hen. 7.20 either for Person Lauds 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 virtuall power be in the Houses there needs no assent of the Kings The stiles of the Acts printed from 9 Hen. 3. to 1 Hen. 7. were either The King ordaines at his Parliament c. or the King ordaineth by the advâ—ee of his Prelates and Barâ—â—rs and at the humble Petition of the Commons c. In Hen. 7. his time the Stile altered and hath fithence continued thus It is oâ—dained 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 Han. 4 Cap 22 4 pars instit 42. Mr. â—â—in in his Treatise of the great Seal fol. 17.27 Hen. 8 Chap. 24. Mercy as well as Justice belongs by the Law of the Land onely to the King This is confessed by Mr. Pryn and it is so without any question The King can onely 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. c. 24. 10. Queene Elizabeth summoned her first Parliament to bee held the 23. of Jan. in the first yeare of her Majesties Raigne The Lords and commons assembled by force of the same Writ the 21 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 that the Parliament began not the day of the returne of the Writ 3 of Eliz. Dier 2â—3 viz. the 23. of January when the Lords and Commons appeared but the 25 of the said Moneth when the Queene came in person which sheweth evidently that this virtuall presence is a meere deluding fiction that hath no ground in Law reason or sence They have the King now a prisoner at Holmby with guards upon him and yet they governe by the virtuall power of their prisoner These are some few of the causes and reasons which moved me to deliver that paper to Mr. Corbet which I am ready to justifie with my life and should hold it a great honour to dye 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 Arrears and euery man his own and truth and Peace established in the Land and a favourable regard had to the satisfaction of tender Consciences April 29. 1547. David Ienkins 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 Capital Crimes as is set down in the Lawes of the LAND By DAVID IENKINS now Prisoner in the Tower of London Printed in the Yeare 1648. The Armies Imdemnity c. UPon the publishing of the Ordinance of the 22 of May last for the Indemnity of the Army certaine Gentlemen well affected to the peace of the Kingdome and safety of the Army desired mee to set down in writing whether by the Law of the Land the said Ordinance did secure them from danger as to
116. The Writ of summoning the Commons is to doe and to consâ—nt to such things which shall happen to bee ordained by Common Counsell there viz. in the Parliament p. 25.26.115 The Parliament is a Corporation composed of the King the head and the Lords and Commons the Subject body p. 5. l. 22. p. 19.20.49.50.80.122.142.145.146 And it hath power over our Lives Libertyes Lawes and Goods p. 118. The Court of Parliament is onely in the House of Lords where the King sits in person p. 116.122.144 The Office of the Lords is to Counsell the King in time of Peace and to defend him in time of War p. 116.142 It belongs to the House of Lords to reforme erroneous Iudgements given in the Kings Bench to redresse the delayes of Courts of Iustice to receive all Petitions to advise his Majesty with their Counsell to have their Votes in Voting or abrogating of Laws and to propose for the Common good what they conceive meet p. 33. How Errours in Iudgement are reversed by the House of Lords p. 55. At a Conferrence the Commons are alwaies uncovered and stand when the Lords sit with their hats on which shewes that they are not Colleagues in Iudgement with the Lords p. 147. Every Member of the House of Commons takes the Oath of Allegiance and Supremacy before his admission into the House p. 67.133 Briberies Extortions Monopolyes ought to bee enquired after by the House of Commons and complained of to the King and Lords p. 114. It belongs to the House of Commons 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 Lawes p. 33.115 116 117 118. Because making of new and abrogating of old Lawes both induce Novelties and because Bils in both Houses may passe but by one or two voices or very few and perhaps of no Iudicious men who oftentimes carry it by making the Major part which involves the consent of all therefore the Law makes the King assisted therein by a great number of Grave Learned and Prudent men the Judge of those Bils whether they be necessary for the Publique Good or no. p. 32 3â— 53.57.123 And the King upon all Bills hath liberty of assenting or dissenting p. 18.28.39.111 And in case of the Kings Minority the Protector hath his liberty and negative voice in respect of the King p. 52. The styles of the Acts printed from 9. Hen. 3. to 1. Hen. 7. were either the King Ordaines at his Parliament c. Or the King Ordaineth by the advice of his Prelates and Barons and at the humble petition of the Commons c. In Hen. 7. time the style was altered and hath so continued to this day p. 24.71 No Act of Parliament bindes the Subject without the assent of the King p. 71.72 When an Act of Parliament is against common Right or Reason or repugnant or impossible to bee performed the Common Law shall controle it and adjudge it to be void And such is an Act for a perpetual Parliament p. 139. An Act of Parliament that a man shall bee Iudge in his own cause is a voyd Act. p. 139. An Adjournment of the parliament makes no Sâ—ssion p. 137. There is no Sâ—ssion till a prorogation or dissolution of the Parliament p. 137. All the Acts of one Sâ—ssion relate to the first day of the Parliament p 138. The two Houses ought to take care of the preservation of the Kings Person p. 18. The Lords and Commons cannot assent to any thing that tends to the disinherison of the King and his Crown to which they are sworn p. 11. The two Houses ought not to meddle with the Kings Revenue p. 11. Armes are not to be borne in London or Westminster in time of Parliament p. 8.39 The Priviledge of Parliament protects no man in case of Treason or â—elony p. 15.16 78. Parliaments are as the times are if a turbulent Faction prevailes the Parliament are wicked if the times be sober modest prudent and not biassed the Parliament are right good honourable and good Medicines and Salves p. 41.42 The present Parliament THis Parliament beganne 3. Novemb. 1640 and in the beginning thereof the King acquitted the Ship-Money Knighthood-Money seven Courts of Justice consented to a Triâ—niall parliament setled the Forrest bounds tooke away the Clarke of the Market of the Houshold trusted the Houses with the Navy 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 nor can bee devised to serve us neither hath been in any time before p. 3â— Notwithstanding all this Jan. 10. 1641. the King was driven away from London by frequent Tumults and 2. thirds and more of the Lords had deserted that House for the same cause and the greater put 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 counterfeit Seale and in the Kings name against his consent leavying War against Him and seizing his Forts Ports Magazins and Revenue and converting them to his destruction the subversion of the Law and Land laying Taxes on the people never head of before in this Land devising new Oathes to oppose the Forces raised by the King c. p. 35. From the 3 Novem. 1640. uâ—â—o Ian. 10 164â— they had time to persecute all evil Counsellors and Iudges p 17 4â— From that time the King was driven away the two Houses stood in opposition to the king and his power p. 66. This became no Parliament when the King with whom they should parley was driven away and it continues so whilst his Majestic is restrained as a prisoner p. 35.81 And the houses now severed from the King have no power at all no more than the body hath being severed from the head p. 80.112 The 2. Houses do not now act by the Kings Writ but contrary to it p. 121. And so their Acts are Null p. 122 141. The Act for continuing this parliament so long as both Houses please is voyd because it is 1. Against Common right for thereby the parliament men will not pay their debts And they may doe wrong to other men Impune besides the utter destruction of all mens actions who have to doe with Parliament men by the Statute of Limitation 21. Jacob. 2. Against common reason for parliaments were made to redresse publique Grievances not to make them 3. Impossible the Death of his Majesty whom God long preserve dissolving it necessarily 4. Repugnant to the Act for a Trienniall parliament and to the Act for holding a parliament once a yeare p. 139.140 The end of continuing this parliament was to raise Credit for mony for three purposes And the three ends of the Act being determined it agreeth with Law and Reason the Act should end p. 141. A perpetuall parliament
same cause and therefore the House of Peeres being a party touching the crime charged upon any man whom they would try by an Ordinance for Treason against both Houses cannot be a Iudge By the Petition of Right e Petition of Right 3. C.R. if any man deserve death he ought to suffer the same according to the Laws of the Land established and not otherwise but an Ordinance of the Lords is no established Law The protestation the Vow and Covenant the solemn League and Covenant the Declarations of both houses had made and published sithence this unnaturall Warre 3 part inst fol. 89. are amongst other things sworn and set downe to be for maintainance of the Lawes the people of this land ought to enjoy the benefit of their Birth-right the Law of the Land and the making good of the said protestation Vow and Covenant League and Covenant 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 peers they are trusted to counsell him in peace f Nevels case 8 pare Cooks reports and defend him in warre his Majesty in Parliament is to consult and treate with the Peers and with his Councell at Law Judges his Sergeants Atturney and Solicitor and Masters of the Chancery the Lords and that counsell by the respective Writ of Summons to Parliament are to give Counsell g 4 pars instit fol. 4.9 27 Edw. 3. c. 1.15 3 part instit fol. 225. the House of Commons by their Writ to performe and consen◠In the House of Lords the Court of Parliament onely is for they onely examine upon Oath h 1 Hen. 7. fol. 10. with them the King in person sits and by them their erroneous judgements * 14. H. 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 Lawes 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 M. 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 Envie will become a Law Covetousnesse and Ambition will become Lawes 〈◊〉 1 pal book deel pag. 140. 163. and what dictates what decisions such Lawes will produce may easily be discerned i. c. They that love this Common-wealth as things now stand will use all means to procure an Act of Oblivion a generall pardon from His Majesty the Souldiers their Arreares and tender consciences a just and reasonable satisfaction else we must all perish first or last May 17 1647 God preserve His Majesty and the Lawes wherein their Lordships and the whole Kingdom are concerned David Jenkins prisoner in the Tower of London THE CORDIALL OF Iudge Ienkins For the good People of LONDON In reply to a Thing called An Answer to the poysonous seditious Paper of Mr. DAVID IENKINS by H. P. Barrister of Lincolns-Inne Printed in the Yeare 1648. The Cordiall of Judge JENKINS for the good People of LONDON AFter the said Mr. H.P. hath made a recitall of the heads of my Vindication he deduced his Answer unto these eight particulars which follow verbatim 1. It cannot be denyed but the Parliament sits by the Kings Writ nay if Statute Law bee greater than the Kings Writ it cannot be denyed but the Parlia fits or ought to sit by something greater than the Kings Writ and if it be confessed that the Parl. sits by the kings writ but do not act by the Kings writ then it must follow that the Parlia is a void vaine Court and sits to no purpose nay it must also follow that the Parl. is of less authority and of less use than any other inferiour Court forasmuch as it is not in the Kings power to controule other Courts or prevent them from sitting or acting 2. This is a gross nonsequitur the Kings power is in himself Ergo it is not derived to nor does reside vertually in the Parliament For the light of the Sun remains imbodied and unexhausted in the Glob of the Sun at the same time as it is diffused and displayed through al the body of the aire and who sees not that the King without emptying himselfe gives Commissions daily of Oyre and Terminer to others which yet himself can neither frustrate nor elude but for my part I conceive it is a great error to infer that the Parliament hath only the Kings power because it hath the Kings power in it for it seemes to me that the Parliament does both sit and act by concurrent power devolved both from the King and Kingdome and in this some things are more obvious and apparent than in others For by what power does the Parliament grant Subsidies to the King if onely by the power which the King gives then the K. may take Subsidies without any grant from the Parliament and if it be so by a power which the people give to the Parliament then it wil follow the Parliament hath a power given both by King and Kingdom 3. The sending Propositions to the King and desiring his concurrence is scarce worth an Answer for Subjects may humbly petition for that which is their strict right and property Nay it may sometimes beseem a Superior to prefer suit to an inferior for matters in themselves due God himself hath not utterly disdained to beseech his owne miserable impious unworthy creatures besides 't is not our Tenet that the King hath no power because hee hath not all power nor that the King cannot at all promote our happinesse because he hath no just claime to procure our ruine 4. We affirm not that the Kings power is separated from his person so as the two Spencers affirmed neither doe we frame conclusions out of that separation as the two Spencers did either that the King may be removed for misdemeanours or performed per asperte or that the
7 Ob. as King is present in his Parliament as well as in all other his Courts of Justice howbeit he is not there In his other Courts of Justice he hath no voyce Sol. he is none of the Judges in the Parliament he hath if his presence be not necessary his voyce is not nor his assent The originall prime legislative power of making Lawes 8 Ob. Soveraigne power of Parliaments 4â— 44 Sol. to binde the Subjects and their posterity rests not in the King but in the Kingdome and Parliament which represents it 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 A major part of a Corporation bindes 9 Ob. therefore the major part in Parliament and so of by Lawes The Corporation is so bound Sol. either by the Kings Charters or by prescription which sometimes had the Kings concession but prescription and Law and practise alwaies left the King a negative voyce The King cannot alter the Bills presented to him by both Houses 10 Ob. go. True Sol. but the King may refuse them Acts of Parliament and Lawes ministred in the Reignes of Usurpers 11 Ob. binde rightfull Kings g o What is this to prove the two Houses power only which is the question Sol. A King de facto must be obeyed by them who submitted to him and they are his Subjects by their submission and not Subjects de facto to the true King 9 Ed. 4. and such being Traytours and Rebells to the Regent King having renounced the true King when the lawfull King is restored may be punished by him for their Treason against the Usurper But here 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 de jure for all Kings are bound and sworne to observe the Lawes A King dyes without Heire 12 Ob. is an Infant non compos mentis c. the two Houses may establish Lawes g o There is no Inter-regnum in England Sol. as appeares by all our Bookes of Law and therefore the dying without Heire is a vaine supposition and by their principle he is considerable in his politick capacity which cannot dye at all The Protectour assisted by the Councell of the King at Law his twelve Judges the Councell of State his Attorney Solicitor and two Sergeants at Law his twelve Masters of the Chancery hath in the Kings behalfe and ever had a Negative Voyce but what is this to the present question We have a King of full age of grear wisdome and judgement the power of the two Houses in such a case to be over the King cannot be showne The King cannot disâ—assent to publique and necessary Bills for the common good 13 Ob. g o Nor ever did good King Sol. 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 voyces or very few and perhaps of no judicious men is it not then fitter or more agreeable to reason that his Majesty and Councell of State his twelve Judges his Sergeants Attorney and Solicitor twelve Masters of the Chancery should judge of the conveniency and benefit of such Bills for the publick good rather then a minor of which sort there may be in the Houses or a weake man or a few who oftentimes carry it by making the major part which involves the consent of all Let reason determine The Kings of England have been elective 14 Ob. and the King by his Coronation Oath is bound to maintaine justas leges consuetudines quas vulgas elegerit g o Popery hath been in the Kingdome Sol. 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 inherent in the bloud of our Kings and their Birth-right And Usurpers that come in by the consent of the people â— Ed. 4. c. 1 are Kings de facto 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 hereditary and not elective For the words vulgus elegerit if vulgus be applyed to the House of Commons 1 Hen 7. they of themselves can make no Lawes The Peeres were never yet termed vulgus but allowing they be so called the Lawes to be made be just and who is fit to judge thereof is before made evident Customes cannot referre to future time 15 Ob. and both are coupled Lawes and Customes Princes have been deposed and may be by the two Houses g o The deposers were Traytours 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 errours in Judgements in all Courts is frepuent 16 Ob. g o 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 Errour 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 Chancery assist there by whose advice erronious 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 Queene Elizabeth Chapter the first And the discent of the Crowne is guided rather by a Parliamentary Title then by common Law g o 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 backe them yea Richard the third that Monster All our 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 Queene Elizabeth against the Queene of Scots then in the Kingdome clayming the Crowne of
themselves and the people with the word Parliament without the King and with the Covenant whereas they know they are no Parliament without His Majesty And that English men throwout the Kingdome should swear a Covenant to preserve the reformed Religion of Scotland in Doctrine Worship Discipline and Government which they do no more know than the Doctrine Worship Discipline and Government of Prester John in Aethiopia 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 hour 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 mens 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 Quaere is thus answered You resemble the Army to Jack Cade and his complices and you cite the Act of Parliament of 31. Hen. 6. cap. 1. And that it may appear who acts the part of Jack Cade you and that party in the two Houses or the Army I think it necessary to set down the said Act in words at length as followeth First VVhereas the most abominable Tyrant horrible odious arrant false Traytor John Cade calling and nameing himself sometime Mortimer sometime Capt. of Kent which name fame acts and feates are to be removed out of the speech and minds of every faithfull Christian man perpetually falsly and tralterously purposing and imagining the perpetuall destruction of the Kings said Person finall subversion of this Realm taking upon him Royall Power and gathering to him the Kings people in great numbers by false subtile imagined language and seditiously making a stirring Rebellion Insurrection under colour of Iustice for Reformation of the Lawes of the said King robbing stealing and spoyling 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 the advice and consent of the Lords aforesaid at the request of the said Commons and by authority aforesaid hath Ordained and established that the said John Cade shall be reputed had named and declared a false Trayper to enr Soveraigne Lord the King and that all his tyranny acts feats and false opinions shall be voyded abated nulled destroyed and put out of remembrance for ever and that all Indictments and all things depending thereof had and made under to power of Tyranuy shall be likewise void anuulled abated repealed and holden for none and that the blood of none of them be thereof defiled nor corrupted but by the Authority of the said Parliament clearly declared for ever and that all Indictments in times coming 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 VVestm Nov 6 in the 29. of his râ—igne against his mind by him not agreed shall be taken and put in oblivion out of remembrance undone voided aâ—ulled 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 we are to examine who hath trod in the steps of Iack Cade you and the present prevailing party of both Houses tooke upon them and do take all the Royall power in all things so did Iack Cade as appeares by the said Act the Army do not so They who imprison the King purpose to destroy his person our imprisoned Kings aswaies * Edward 1. Henry 6 Richard 2. fared so Iack Cade did likewise so purpose The said party in the two Houses made a stirring under colour of Instice for reformation of the Lawes so did Iac Cade The Army do not so but desire that the Lawes should be observed lack Cade levied war against the King The Army preserves Him Iack Cade dyed a Declared Traitor to his Soveraign Lord the King this army might have lived to have the glorious true Honor of being restorers of their King Simon Sudbury Archbishop of Canterbury was murthered by Jack Straw 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 for that an Ordinance hy Law cannot take away any mans life and his life was taken away by an Ordinance of the two Houses the army had no hand in it Many misted by Iack Straw 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 so endeavour to settle the Kingdome again in the just Lawes and Liberties thereof London did then right worthily adhere to the King and the Laws and not to Jack Straw and his specious pretences and it is hoped they will now so do 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 resolved thus The Arreares of the Army howbeit it is the least thing they look 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 You say the Houses will reforme all things when the Army doth disband Fitz. N B 159 9 Ed. 4 20.38 H. 6 27 23 Eliz. Dier 369. Who will believe it Will any beleive that the setling of the Presbytery will do it Will any believe that his Majesty will passe the propositions sent to Him to Newcastle Will any man believe that this Kingdome will ever be 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 seen some of their fellowes hanged before their eyes for actions done as Soldiers Shall the Kingdom have no acount of the many Millions received of the publique Money Will the Members of the Houses accuse themselves Shall private and publique Debts be never paid Shall the Kingdome lie ever under burthens of oppression and Tyranny There is no visible way to remedy all these Enormities but the power of the Army To the V. wich is solved thus The Kingdom hath better assurance of Reformation from the Army than from the Houses for that in their Military way they have been just faithfull and honourable they have kept their words That party of the Houses have been constant to nothing but in dividing the publique Treasure among themselves