THE VVORKS OF THAT GRAVE and LEARNED LAVVYER Iudge Ienkins Prisoner in Newgate UPON Divers STATUTES Concerning the Liberty and Freedome of the Subject With a perfect Table thereto annexed Plebs sine Lege ruit LONDON Printed for J. Gyles and are sold at his shop at Furnivals-Inne MDCXLVIII Here JENKINS stands who thundring from the TOWER Shook the bold Senat 's Legislative Power Six of whose words twelve Reames of votes exceed As mountaines mov'd by graines of mustard-seed Thus gasping Lawes were rescu'd from the Snare He that will save a Crowne must know and dare Sould by I. Giles at Furnivals-Inn-gaw J. Berkenhead The Contents The Law of the Land The King Treason A Parliament The present Parliament Certaine Erroneus Positions and Proceedings of both Houses of Parliament The like of the House of Commons The Propositions of the Parliament of both Kingdomes sent to New-Castle The Kings Party The Parliaments Party are Delinquents The Army serving the two Houses The Army Rescuing the King The Liberty of the Subject Messellanâ—a The Law of the Land THE Law of the Land hath for its ground 1. Custome 2. Judiciall Records 3. Acts of Parliament The two latter being Declarations of the Common Law and custome of the Realme pag. 5.21.23 The Law of Royall Government is a Law Fundamentall p. 5. The Kings Prerogative and the Subjects Liberty are determined and bounded by the Law p. 131. The King claimes no power but by the law of the land p. 131. The Law the onely Rule and Direction of the Subject in this present Warre pag. 42 131. Vbi Lex non distinguit â—bi non est distinguendum p. 132. The King THE King of England hath his Title to the Crowne and to his Kingly Office and Power not by way of trust from the two Houses of Parliament or from the people but by inherent Birth-right from God Nature and the Law p. 24 25. 38. 52 53 54 56. 57. There was never King Deposed but in tumultuous and madde times and by the power of the Armyes and they who were to bee the succeeding Kings in the head of them as Ed 3. and Hen. 4. p. 54. Usurpers were Kings de factâ— not de jure p. 54. The King is assisted by the advice of the Judges his Counsell at Law Sollicitor Atturney Masters of Chancery and counsell of State hence the Law hath setled severall Powers in the King p. 27.28 The Kings of England enjoyed that Power in a full measure till King Iohns time p 6 7 8. How Rights of Soveraignty continued in practise from Hen. 3. till 1640 p. 6. The Kings Power not separable from his Person p. 70 71. The Body Naturall and Politique in the King make but one body p. 2.38.71 Every Subject swears homage to the King p. 8. The Law gives reverence to the Person of the King p. 10. Foule mouthed Pamphlets against the King condemned p. 21. The Supream Power is in the King p. 7.13.14.16.57 58. The Oath of Supremacy in relation to the Parliament p. 67.133 The King Supream in Ecclesiasticall causes p. 10. The King the onely Supreame Governour and all other persons have their power from him by his Writ Patent or Commission p. 20 21 22.36 37. 64 65. The power of the Militia is in the King p. 8.37 In the time of Parliament p. 8. The Commission of Array in force p. 13.36 The Power of making League with Forreigners is in the King p. 8.15.17 The power of War in the King p. 20.21 The power of making Officers in the King p. 8. The King onely hath power to make Justices of Peace and of Assize p. 45 100.12â— The power of coynadge in the King p. 8. The power of pardoning onely in the King by Law p. 8.66.74.78.84.128.130 The King hath power to remove the courts at Westminster p. 45. The King can do no wrong but his Judges Counselloâ—â—s and Ministers may p. 37.41 So long as men manage the Laws they will be broken more or lesse p. 29. Treason IN the Reign of Ed. 2. the Spencers the Father and the Sonne to cover their Treason hatched in their hearts invented this damnable and damned opinion that Homage and Oath of Allegiance was more by reason of the Kingâ— Crowne that is his Politique Capacity than by reason of his person upon which opinion they inferred three execrable and detestable Consequences First if the King do not demeane himselfe by reason in the right of his Crowne his Leidges are bound by Oath to remove the King Secondly seeing the King could not be reformed by suit of Law that ought to be done per asperte that is by force Thirdly his Leidges be bound to Governe in aid of him and in default of him p. 9.70 Severall Treasons by the Statute 25. 8d 3. p. 12 13 14 15 16 76. The word King in the 25. Edw. 3. must be understood of the Kings natural Person p. 12 13 77. Other Treasons not specified in that Act are declared to bee no Treasons untill the King and his Parliament shall declare otherwise p. 77.101 To seize the Kings Forts Ports Magazine of Warre is High Treason p. 11. 22â— 37.77 To remove Counsellours by Arms is high Treason p. 22.40 To leavie Warre to alter Religion is high Treason p. 40. To leavie war to alter the Law is high Treason p. 11.40.77 To counterfeit the great Seal is high Treason p. 37. To adhere to any State within the Kingdom but the Kings Majesty is high Treason 24.39 To imprison the King untill hee agree to certaine demands is high Treason p. 1â— 22.77 They who imprison the King purpose to destory him p. 163. Deposers of the King adjudged Traitors by the Law of the Land p. 54. A Body Corporate cannot commit Treason but the persons can p. 16. Noble men committing Treason forfeit their Office and Dignity p. 143. Treason how punished by the Law p. 42. Treason doth ever produce fatall destruction to the Offender and never attaines to the desired end and there are two incidents inseparable thereunto p. 135. A Parliament THe word Parliament cometh from the French word Parler to Treat p. 81. The King is Principium Caput Finis Parl. p 26.48.122 The King assembles the Parliament by his Writ Adjournes Prorogues and dissolves the Parliament by the Law at his pleasure p. 57. The Writ whereby the King assembled the two Houses which is called the Writ of Summons at all times and at this Parliament used and which is the warrant ground and foundation of their meeting is for the Lords of the House of Peers to Consult and Treat with the King that is the Parler of great Concernments touching 1. The King 2. The defence of this Kingdome 3. The defence of the Church of England p. 24.34 p. 25.81.120 121. Counsell is not command Councellors are not Commanders p. 26. The Writ of summoning the Judges Counfell of Lâ—w and 12 Masters of Chancery is to appeare and attend the Parliament to give Counsell p.
besides that it incites men to selfe ends will be a constant charge to the Kingdome by reason of the wages of parliament men p. 141. Mischiefs by the length of parliaments p. 121. Certaine Erroneus Positions and Proceedings of both Houses of Parliament discovered and confuted THe two Houses without the King are not the Parliament but onely parts thereof and by the abuse and misunderstanding of this word Parliament they have miserably deceived the people p. 80.156 The King is not vertually in the two Houses p. 12.13.20.21 The two Houses are not above the King but the King is Superiour to them p. 11.19.23 24.133 The tenents of the Spencers are the ground of their proceedings p. 10.22 And upon their pretences they take upon them the Government at this time They have destroyed above a 100. Acts of parliament even all concerning the King the Church and Church men and in effect Magna Charta and Charta de Forresta which are the Common Lawes of the Land p. 154. They have fifteene severall illegall wayes raised Money upon the Subject this present parliament p. 35. There is no Crime from Treason to Trespasse but they are guilty of p. 142. They are not to bee Judges in their owne cause p. 15. Of their League and Covenant with the Scots p. 158.160 The two Houses by the Law of this Land have no colour of power to make Delinquents or pardon Delinquents the King contradicting p. 119.131 Certaine Erroneous Positions and Proceedings of the House of Commons discovered and confuted THey cannot bee Members of the House of Commons who were not recident in the Counties or Burroughs for which they were elected at the time of the Teste of the Writ of Summons of parliament p. 149. If any undue Returne bee made the person Returned is to continue a Member and the tryall of the Falcity of the Returne is to bee before the Justice of Assize in the proper County this condemnes the Committee for undue Elections p. 148. The House of Commons cannot Elect and Returne Members of that House p. 144. The ejecting of a Member that hath sitten is against Law also their new elections are against Law And by this it may be judged what a House of Commons we have p. 148. Breaches of priviledges of parliament may bee punished in other Courts p. 149. And what need then of the Committee for priviledges The house of Commons by their Writ have no separate power giuen them over the Kings people p. 144. The house of Commons cannot imprison any who are not their Members or Disturbers of their Members in the service of the parliament p. 143 144 145. The House of Commons no Court p. 115 116.144 145 146 c. The Propositions sent by the Parliaments of both Kingdomes to His Majestie at New-Castle pag. 6. GEnerall Reasons against those propositions p. 11.15.128 Reasons in particular against those propositions For disabling the King to pardon p. 13. For altering Religion in point of Government 37.61.63 For sale of the Bishops Lands p. 36. For taking away the Booke of Common-prayer p. 37. For taking from his Majesty all the power by Land and Sea p. 37. For laying upon the people what Taxes they shall think meet p. 128. Besides in their propositions they doe not style themselves His Majesties Subjects p. 128. The Kings Party pag. 36 37 38. THe Subjects are commanded by Law to Assist the King in War 36. Those who adhere to the King are freed by the Statute of the 11th Hen. 7. p. 39.78.97 Master Prins objections against the King and his party answered p. 47. c. The Parliaments Party are Delinquents A Delinquent is hee who adheres to the kings enemies this shewes who are Delinquents p. 7. The Army serving the Parliament THe summe of the Ordinance for the Indempnity of the Army p. 79. It can no more free the Souldiers than repeale all the Lawes of the Land p. 78. The Judges are sworn to doe Justice according to the Lawes of the Land p. 79. An Act of Oblivion and a Generall Pardon the only means to Indempnifie the Army and the whole kingdome p. 84. And the conclusion of all the other bookes The Army Rescuing the King TO deliver the King out of Traiterous hands is our bounden duty by the Law of God and the Land p. 155. By the Law of the Land when Treason or Felony is committed it is lawfull for every subject who suspects the Offender to apprehend him so that Justice may be done upon him according to Law p. 157. As the Army hath power so adhering to the King all the Lawes of God Nature and man are for them p. 166. None by the Law of the Land can in this kingdome have an Army but the King p. 153. The Liberty of the Subject Our Liberties were allowed in the 17th of King John and confirm'd in the 9th of Hen. 3. and are called Mâgna Charta and Charta de Forresta p. 6.117.130 Magna Charta is irrepealable p. 62. Severall Bils for our Liberties passed at the beginning of this Parliament p. 34. And how secured The Liberty of the Subject violated by the two Houses of Parliament 140 Miscellanea THe Lord Cookes Institutes published by the Order of the House of Commons p. 77. Of the Bill passed this parliament for taking away the Bishops Votes in Parliament p. 31. Against that saying that the King got away the Great Seal surreptitiously from the Parliament p. 45. Of Jack Cade p. 160. Treasons Murthers Felonies and Capitall Crimes to bee tryed by Iuries and not otherwise but by Act of parliament p. 102. The Chancellors or Keepers Oath 174. The present Commissioners have no Court Seal nor commission 175. The King the Laws and kingdome cannot bee severed The only quarrell was for the Militia which the Laws have ever setled upon the King 177. No peace can possibly bee had without the King ibid. No man can devise lands till he be 21 years of age 1. 84. An Infant of 17 years may dispose of goods by will by the opinion of some but by others not till 18. 181. The Court of Wards had no jurisdiction over the personall estate 185. Peace and plenty abounded during his Majesties Government 187. Since the two Houses have usurped the power the kingdom hath been in a sad condition 19. Nothing delivered in this book for Law but what the house of commons have avowed for Law this Session 194. The 24 positions of Law set out in divers books by the House of commons order p. 196. It is honourable to dye for the Laws 202. Good counsell for them if it be taken in time 203. That which will save this Land from destruction is an Act of Oblivion and his Majesties Gracious Generall pardon the Souldiers their Arrears and every man his own and truth and peace established in this Land and favourable regard had to the satisfaction of tender Consciences God save the King To the Honourable Societies of Grayes
Session for publishing the Lord Cook his Bookes which Order they may find printed in the last Leafe of the second part of his Institutes in these words viz. Die Mercurii 12. May 1641. VPon Debate this Day in the Commons House of Parliament the said House did then desire held it fit that the heir of Sir Edward Cooke should publish in print the commentary upon Magna Charta the pleas of the Crown and the jurisdiction of Courts according to the intention of the said Sir Edward Cooke and that none but the Heir of the said Sir Edward Cooke or he that shall be authorized by him do presume to publish in print any of the foresaid Bookes or any Copy thereof H. Elsynge Cler. Dom. Com And I do further desire them that they would reade and peruse M. Solicitour Saint-Iohn and M. John Pym their Bookes published likewise this Session Whose Titles are as followeth viz. An Argument of Law concerning the â—ill of Attainder of High Treason of Thomas Earle of Strafford At a Conference in the Committee of both houses of Parliament By M. Saint John his Majesties Solicitor Generall Published by Order of the Commons House London Printed by G. M. for Jo. Bartlet At the Sign of the Guilt Cup neare S. Austins gate in Pauls Church yard 1641. And the Speech or Declaration of Iohn Pym Esquire After the Recapitulation or Summoning up of the charge of High Treason against Thomas Earle of Strafford 12 Aprill 1641. Published by the order of the Commons House London Printed for John Bartlet 1641. 1. Nothing is delivered for Law in my Books but what the H. of Commons have avowed to be Law in Bookes of Law published by their command this Session and agreeable to the Bookes of Law and Statutes of this Realme in all former Times and Ages 2. The supposed offence charged on me is against the two Houses and none ought to be judges and parties by the Law of this Land in their owne case 3. I desire the benefit of Magna Charta the Petition of right other good Lawes of this Land which ordaine that all mens Tryals should be by the established Lawes and not otherwise they are the very words of the petition of Right An Ordinance of both Houses is no Law of the Land 1 Part. col of Ordinances fol 728 2 Pars iust fol 47 48 157 143 4 par instit 23 232 298 4 H 7 18 by their own confession and by the Bookes of the Lord Cooke published by their Order as aforesaid this Session in six several places For Sedition in my Books there is none but such as they have authorised this Session to be published printed To publish the Law is no sedition These Positions following I doe set downe for the Law of the Land in my books and they themselves have justified and avowed them as aforesaid we agree the Law to be and to have been in all times in all the particulars following as here ensueth 3 Part instit pag 12 M Sollicitor Pag. 12 3 part instit pag 9 M Pym p. 28 3 part instit 3 10 12 16 3 part instit pag 9 M Sollicitor p 0 10 136 M Sollicitor pag 9 M Sollicitor pag 9 M Sollicitor pag 23 4 pars 4 instâ— p 125 Iustice Huttons argument fol. 39 40 4 part instit 2 part instit articul super chartas cap. 5 1. To imprison the King is high treason 2 To remove Councellours from the King by force is High Treason 3. To alter the establisht Lawes in any part by force is High Treason 4. To usurp the Royall Power is High Treason 5. To alter the Religion establisht is High Treason 6. To raise rumours and give out words to alienate the peoples affections from the King is High Treason 7. To sesse Souldiers upon the people of the Kingdome without their consent is High Treason 8. The execution of paper orders by Souldiers in a military way is high Treason 9 To coanterfeit the great Seale is High Treason 10. The Commission of Array is in force and none other 11. None can make Judges Justices Sheriffes c. but the King The King makes every Court 12. The great Seale belongs to the Kings Custody or to whome he shall appoint and none other 13. 1 part Coll. of Ordin Cook utâ— supra 4 partâ— inst 25. Ordinances of one or both Houses are noe lawes to binde the people 14. No priviledge of Parliament holds for Treason Felony or brâ—ach of the Peace not for 20. Parliament-men forty nor three hundred 15. M. Solicitor pag. 8.70 M. Solicitor pag. 12.27 M. Solicitor pag. 26. M. Solicitor pag. 35. To subvert the fundamentall lawes is High Treason 16 To levey War against the person of the King is High Treason 17. To perswade Forreiners to levey war within this Kingdome is High Treason 18 To impose unlawfull Taxes to impose new Oathes M. Pym p. 8. is High Treason 19. The King can doe no wrong 20. M. Pym p. â—7 It is a pernitious Doctrine to teach Subjects they may be discharged from the oath of Allegience M. Pym p. 24. Then what means the Doctrin of both Houses of the Votes 11 of Feb. 1647. 21. A necessity of a mans own making doth not excuse him 3. parr inst pag. 9 The requiring forcing of the Militia brought the necessity of arming upon the Houses 22. None can leavy war within this realme without authority from the King for to him only it belongeth to levy war by the common law of the land to doe otherwise is high Treason by the said Common law The only quarrel was is the Militia for which so much blood hath been spent M. Solicitor 70.71 4. part inst pag. 1.3.4 4. pars inst 41.356 and Treasure 23. No Parliament without the King he is Principium caput finis 24. Presentment or tryall by Jury is the bright-right of the Subject There is no doubt but that many in both Houses are free from this great sin and that most of the prevailing party had at first no intentions to proceed so farre but the madnesse of the People who are very vnstable and so they will find them and the successe of their Armies having this great rich City to supply them with all accomodations have so elated them that the evil is come to this height For my selfe to put me to death in this cause is the greatest honour I can possibly receive in this World Dulce decorum est mori pro partia And for a Lawyer and a Judge of the Law to die dum sanctis patria legibus obsequitur for obedience to the Lawes will be deemed by the good men of this Time a sweet smelling sacrifice and by this and future Times that I dyed full of yeares and had an honest and an honourable end And posterity will take knowledge of these Men who put some to death for subverting of the Lawes and others for supporting of them c. Yet mercy is above all the â—orkes of God Bracton l c. 9 p 107 4 pars inst 342 343 Stanford 99 The King is Gods Vâ—carâ—on earth In Bracton who was a Judge in Henry 3. time you shall â—â—nd the Kings oath To shew mercy is part of it You are all his children say and doe what you will you are all his Subjects and He is your King and parent Pro magno peccato paululum supplicii satis est patri and therefore let not the prevailing party be obdurate out of a desperation of safety That which is past is not revocable Take to your thoughts your parents your wives your children your friends your fortunes your countrey wherein Forreigners write there is Mira aeris suavitas rerum omnium abundantia Invite not them hither the only way to be free of their company will be To restore his Majesty and receive from Him an Act of Oblivion a generall pardon Assurance for the Arreares of the Souldiery and meet satisfaction to tender consciences God preserve the King and the Lawes DAVID JENKINS Prisoner in New-gate
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
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
viz. Rex vic Wilts Saltem Quia Nos de avisamento assensia consilii nri pro quibus arduis urgentib negotiis nos statune defensionem Regni nri Aug. Eccles Anglie concernentibus quoddam Parliamentum nrum apud B. teneri ordinavimus ibid. cum Prelatis Magnatib proceribus dicti Regni nri Colliquium habere tractatum â—ibl precipimus firmiter injungendo quod facta Proclamatione in prox Comitatu tuo post receptionem ejusd Brevis duos Milites gladiis cinctos c. eligi faceas ad faciendum consentiendum hiis quae tunc ibidem de Commâ—â—â—i Concilio uro 4 pars Inst 241. Angl. foventi Deo contigerit ordinari super Negotiis ante dictis ita quod pro defectu potestatis bujusmodi seu propter improvidam electionem Mileum Civium Burgensium praed dicta negotia ura infect a non remanerent The King is Principium a pars Instit fol. 3. 4 capâ—â— finis Parliamenti the body makes not the head nor that which is posterior that which is prior consilium non est Preceptum consiliarii non sunt Preceptoris for Counsell to compell a consent hath not been heard of to this time in any age and the House of Commons by the Writ are not called ad co silium the Writs to the twelve Judges Kings Counsell twelve Masters of the Chancery are consilium impensuri and so of the Peeres The Writs for the Comminalty Ad faciendum consentiendum Which shewes what power the representative body hath they have not power to give â—n Oath neither doe they claime it The King at all times The Oath of the Justices 18 of E. 3. among Statutes of that yeare when there is no Parliament and in Parliament is assisted with the advice of the Judges of the Law 12 in number for England at least hath two Sergeants when fewest an Attorney and Solicitour twelve Masters of the Chancery his Councell of State consisting of some great Prelates and other great Personages versed in State affaires when they are fewest to the number of twelve All these persons are alwales of great substance which is not preserved but by the keeping of the Law The Prelates versed in divine Law the other Grandees in affaires of State and managery of Government The Judges Kings Sergeants Attorney Solicitour and Masters of the Chancery versed in the Law and Customes of the Realme All sworne to serve the King and his people justly and truly the King is also sworne to observe the Lawes and the Judges have in their Oath a clause that they shall doe common right to the Kings people according to the established Lawes notwithstanding any command of the King to the contrary under the Great Seale or otherwise the people are safe by the Lawes in force without any new The Law finding the Kings of this Realme assisted with so many great men of Conscience Honour and skill in the rule of Common-wealth knowledge of the Lawes and bound by the high and holy bond of an Oath upon the Evangelists settles among other powers upon the King a power to refuse any Bill agreed upon by both Houses and power to pardon all offences to passe any Grants in his Minority there are many great persons living hold many a thousand pounds a yeare by patents from Edward the sixth passed when he was but ten yeares of age not to be bound to any Law to his prejudice whereby he doth not binde himselfe power of war and peace coyning of Mony making all Officers c. The Law for the reasons aforesaid hath approved these powers to be unquestionable in the King and all Kings have enjoyed them till 3 Nov. 1640. It will be said notwithstanding all this fence about the Lawes the Lawes have been violated and therefore the said powers must not hold the two Houses will remedy this The answer to this is evident There is no time past nor time present nor will there be time to come so long as men manage the Law but the Lawes will be broken more or lesse as appeares by the story of every age All the pretended violations of this time were remedied by Acts to which the King consented before his departure 10. Jan. 1641. being then driven away by Tumults And the Houses for a yeare and almost three Moneths from 3 Nov. 1640. to 10 Jan. 1641. as aforesaid being a yeare and almost three Moneths had time and liberty to question all those persons who are either 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 been done this way Both Houses in Henry the eights time tendred to him a Bill to be passed called commonly the Bill of the six Articles this was conceived by them to be a just and a necessary Bill Had not Henry the eight 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 praise to reject this Bill In Queene Maries time both Houses exhibited a Bill to her to introduce the Popes power and the Roman Religion had not Queene 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 have beene just the King being assisted as aforesaid and why not so in these times For the Civill Government what a Rill 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 Daughteâ— Elizabeth a Queene of renowned memory to settle the Crowne of this Realme 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 Bil's magnified his vertue and rendered him to Posterity in a different Character from what he now hath And by the experience of all times and the consideration of humane frailty this conclusion is manifestly deduced that it is not possible to keep 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 certaine powers fixed by the ancient Law must not be made voyd and the Kings Ministers the Lawes doe punish where the Law is transgressed and they onely 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
the practise of all times and the Custome of the Realâ—â—e Sixthly we maintained the coâ—â—terâ—eiting of the great Sealâ— to be high Treason and so of the usurpation of the Kings forts Do is Shipping Casties and his Revenue and the coâ—â—ing of Money against them We have our warrantâ— 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 onely supreme Governour in all causes They that his Majesty is to be governed by them Our warrant is the Statutes of the first of Queene Elizabeth Chapter the first and the fifth of Queene Elizabeth the first Eightly We maintaine that the King is King by an inherent birth-right 9 Ed. 4. fol. â— by nature by Gods Law and by the Law of the Land They say his Kingly right is an Office upon trust Our warrant is the Statute of the first of King James Chapter the first And the resolution of all the Judges of England in Calvins Case Ninthly wee maintaine that the politick capacity is not to be severed from the naturall They hold the contrary Our warrant is two Statutes viz. exilium Hugonis in Edward the seconds time and the first of Edward the third Chapter the second and their Oracle who hath published it to Posterity that it is damnable detestable and execrable Treason Calvins Case yeers 7. fol. 11. Tenthly wee maintaine that who â—â—des the King at home or abroâ—d 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 wee maintaine that the King hiâ—h power to disassent to any Bill agreed by the two Honses which they deny Our warrant is the Statute of the second of Henry the fifth and the practice of all times the first of King Charles Chapter the seventh the first of King James Chapter the first Twelfthly wee maintaine that Parliaments ought to be holden in a grave and peaceable manner without tumults 3. They allowed multitudes of the meanest sort of the people to come to Westminster to cry for justice when they could not have their will Coll. of Ord. fol. 31. and keepe guards of armed men to wait upon them Our warrant is the Statute of the seventh of Edward the second and their Oracle Thirteenthly wee maintaine that there is no State withâ—n 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 twenty third of Queene Elizabeth Chapter the first Fourteenthly wee maintaine that to â—evy a waâ—â—e to remove Couâ—sellours to aâ—ter Religion or any Land established is high Treason They hold the contrary Our warrant is the resolutions of all the Judges of England in Queene Eliznbeths time and their Oracle agrees with the same Fifteenthly wee maintaine that no man should be impusoned put out of his Lands but by due coâ—rse of Law and that no man ought to be adjadged to death but by the Law established the Câ—â—stames of the â—â—â—â—me or by Act of Paâ—â—tement They practise the contrary in London Bristol Keâ—t c. Our warrant is Magna Chanta Chapter the twenty ninth the Pâ—â—ition of Right the third of King Charles and divers Lawes there mentioned Wee of the Kings party did and do detest Monopolies and Ship-money and all the grievanâ—es of the people as muâ—h as any men living wee do well know that our estates lives and fortunes are preserved by the Lawes and that the King is bound by his Lawes wee love Parliamenss if the Kings Judges Counsell or Ministers have done amisse they had from the third of November 1640. to the tenth of January 1641. time to punish them being all left to justice Where is the Kingâ— fault The Law saith the Kings can do no Wrong 11. pars Cooks Reports Magdalen Colledge Case that he is medicus Regni pater patriae sponsus Regni qui per annulum is espoused to his Realme at his Coronation The King is Gods Lieutenant and is not able to do an unjust thing these are the words of the Law 〈◊〉 matter is pretended that the 〈◊〉 are not sure to enjoy the Acts passed this Parllament A succeeding Parliament may repeale them The objection is very weake a Parliament succeeding to that may repeale that repealing Parliament That â—eare is endlesse and remedilesse for it is the essence of Parliaments being compleat and as they ought to be of Head and all the Members to have power over Parliaments before Parliaments are as the times are If a turbulent faction prevailes the Parliaments are wicked as appeares by the examples recited before of extreme wicked Parliaments if the times be sober and modest prudent and not biassed the Parliaments are right good and honourable and they are good medicines and salves but in this Parliament excessit medicina mâ—dum In this cause and warre betweene the Kings Majesty and the two Houses at Westmiester what guide had the Subjects of the Land to direct them but the Lawes What meanes could they use to discerne what to follow what to avoid but the Lawes The King declares it Treason to adhere to the Houses in this warre The Houses declare it Treason to adhere to the King in this warre The Subjects for a great and considerable part of them Treason being such a crime as forfeits life and estate also renders a mans Posterity â—ase beggerly and infamous looke upon the Laws and finde the Letter oâ— tho Law requâ—res them to a 〈◊〉 the King as before is manifested was ever Subject criminally punisht in any age or Nation for his pursuit of what the Letter of the Law commands The Subjects of the Kingdome finde the distinction and interpretation now put upon the Lawes of Abstractum Concretum Poweâ— and Person body politick and naturall personall presence and virtuall to have beene condemned by the Law and so the Kings Party had both the Letter of the Law and the interpretation of the Letter cleared to their judgments whereby they might evidently perceive what side to adhere to what satisfaction could modest peaceable and loyall men more desire A verbo legis in criminâ—bus poenis non est recedentum hath been an approved maxime of Law in all ages and times Coll. of Ordinances 777. If the King be King and remaine in his Kingly Office as they call it then all the said Lawes are against them without colour they say the said Lawes relate to him in his Office they cannot say otherwise they make Commissions and Pardons in the Kings name and the person of the King and his body politick cannot nor ought to be severed as hath beene before declared 5 Eliz. cap. 1. 1 Eliz. cap. 1. And the Members of both Houses have sworne
England and having many adherents And that Statute to that end affirmes no such power in the two Houses which is the question but in Queene 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 Queens Elizabeth and his owne Oath that the King is the onely supreame Goverhour of this Realme Answers The Parliament is the supreme power and the King supreme Governour And yet there he allowes him a Negaâ—ive 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 Parlimentary Title makes not the King so powerfull in truth that it escapes from a man unawares To make a distinction betweene supreame Governour and supreame power is very strange for who can governe without power The King assembles the Parliament by his Writ adjournes Vide Speep 645.4 par Instit 27. 2. 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 adjournement of the Parliament by the Kings Command Where is the supreame power The King by his Oath is bound to deny no man right 18 Ob. 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 hound as is set downe in the Objection Sol. but who shall judge whether the Bill proposed be just and necessary For all that they do propose are so pretended and carried in either House sometimes by one or two Voyces or some sew as aforesaid and certainly it hath been shewen the King his Counsell of State his Judges Sergeants Attorney Sollicitor and twelve Masters of the Chancery can better judge of them then two or three or few more Mr. Prynne fol. 45. In his Booke of the Parliaments interest to nominate Prnvy Councellors calleth the opinion of the Spencers to divide the Person of the King from his Crowne Calvins case 7 pars fol. â—1 a stringe opinion and cites Calvins Case but leaves out the conclusions therein mentioned fol. 11. Master Prynne saith there But let this opinion be what it will without the Kings Grace and Pardon it will goe very farre and two Acts of Parliament there mentioned are beyond an opinion And in his Book of the opening of the Great Seale fol. 17. The Parliament hath no jurisdiction to use the Grear Seale for Pardons Generall or Particular Where is the supreme power then Mr. 19. 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 yeare of his Reigne the like was done in Parliament A facto all jus Sol. is no good Argument for than in Edward the firsts time it was no Parliament for King Henry the third was dead which dissolyed 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 suddainely done afterâ— Henry the thirds death King Edward the first being then in the Holy Land it was the first yeare of his Reigne and no Parliament was held that yeare nor the second yeare of his Reigne The first Parliament that was in his Reigne was in the third yeare 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 Seale was by the Protector in the Kings name and that Protector Humphrey Duke of Gloucester as Protectour 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 said Duke then Protector to summon that Parliament Prynne ibid. fol. 19. But the new counterfeit Seale was made when the King was at Oxford in his owne Kingdome and not in the holy Land Mr. 20 Ob. Prynne in his Booke of the two Houses power to impose Taxes restraines Malignants against any Habeaâ— Corpus c. saith that the Parliament is above Magna Charta and fol. 15. ibid. The Parliament hath power over Magna Charta to repeale the same when there is cause This Argument supposeth that they have the Kings power Sol. which hath appeared formerly they have not But suppose they had Magna Charta containes many Morall Lawes which by the Law of the Land a Parliament cannot alter 21 H. 7.2 D. and Student 2 Dialogue For example it saith cap. 11. Justice shall not be sold delayed nor denyed to any man but by this Argument the Parliament may make Law to delay deny and to sell Justice which surely is a very ill position to maintaine What they would have doth now by the Propositions sent to Newcastie to his Majesty appeare whereby they would have him divest himselfe and settle in them all his Kingly power by Sea and Land and of themselves to have power without him to lay upon the people of this Land what taxes they thinke meet to abolish the Common prayer-booke to abolish Episcopacie and to introduce a Church Government not yet agreed but such as they shall agree on His Majesty finding a prevailing party in both Houses to steere this course and being chased away with Tumults from London leaves the Houses for these Reasons viz. First because to alter the Government for Religion is against the Kings Oath Secondly against their Oaths For every of them hath sworne in this Parliament That His Majesty is the onely supreme Governour in all Causes Ecclesiasticall and over all persons Thirdly this course is against Magna Charta the 1. Chap. and the last Salve sint Episcopis omnes liber tales sue Confirmed by thirty two Acts of Parliament and in the two and fortieth of Edward the third the first Chapter enacts if any Statute be made to the contrary it shall be holden for none and so it is for judgements at Law in the 25 of Edward the 1. chap. 1.2 The great Charter is declared to be the Common Law of the Land Fourthly they endeavout to take away by their Propositions the Government of Bishops which is as ancient as Christianity in this Land and the Books of Common prayet settled by five Acts of Parliament and compiled by
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