<!DOCTYPE ETS PUBLIC "-//UMDLPS//DTD EEBOPROOF 2.0//EN">
<ETS>
<TEMPHEAD>
<REVDESCR>
<CHANGE>
<DATE>7-8-09</DATE>
<RESPSTMT>
<NAME>John Latta</NAME>
<RESP>MURP</RESP>
</RESPSTMT>
<ITEM>Added TEMPHEAD, checked ID, and added TYPEs to DIVs in order to validate. Proofed title page. Checked ^s. Reviewed structure; restructured throughout, changing DIV2s to DIV3s. Checked placement and completeness of PBs. Checked for damage GAPs, #s, @s, --s, oe's, and UNCLEARs. Corrected [dollar]s. Checked for EPIGRAPHs and ARGUMENTs. Checked spacing of foreign GAPs. Checked CLOSERs, BYLINEs, SIGNEDs, OPENERs, SALUTEs, and TRAILERs. Checked for startqs and endqs, abq's, Ae's, qs, and Qs. Checked I / Js and U / Vs. Checked proofsheets and made corrections. Sample: 2 minutes. Proofing: 25 minutes. Tag review and corrections: 35 minutes. DONE.</ITEM>
</CHANGE>
</REVDESCR>
</TEMPHEAD>
<EEBO>
<IDG S="marc" R="UM" ID="A91355">
<STC T="W">P422</STC>
<STC T="T">E393_8</STC>
<BIBNO T="umi">99862091</BIBNO>
<VID>160300</VID>
</IDG>
<TEXT LANG="eng">
<FRONT>
<DIV1 TYPE="title page">
<PB REF="1" MS="y">
<P>SEVERALL
POYSONOUS
AND
SEDICIOUS
PAPERS
OF
Mr. DAVID JENKINS
ANSVVERED.</P>
<P><HI>By</HI> H. P. <HI>BARRESTER of</HI>
Lincolnes Inne.</P>
<P>LONDON:
Printed for <HI>Robert Bo&s;tock</HI> dwel|ling
in <HI>Pauls</HI> Church yard, at the Signe
of the Kings Head. 1647.</P>
</DIV1>
</FRONT>
<BODY>
<DIV1 TYPE="treatise">
<PB REF="2">
<PB N="1" REF="2">
<HEAD>THE
VINDICATION
OF
JUDGE JENKINS
Pri&s;oner in the TOWER, <DATE>the 29. of
April, 1647.</DATE></HEAD>
<DIV2 TYPE="letter">
<P>I Was convened upon Saturday the 10. of this moneth of
<HI>April</HI> before a Committee of the Hou&s;e of <HI>Commons,</HI> where|in
Mr <HI>Corbet</HI> had the Chair; and I was there to be exami|ned
upon &s;ome Que&s;tions then to be propounded to me; to
which Que&s;tions I refu&s;ed to give any other An&s;wer then that
which was &s;et down in a paper I then delivered to the &s;aid Mr.
<HI>Corbet,</HI> which followeth in the&s;e words.</P>
<P>Gentlemen, I &s;tand committed by the Hou&s;e of <HI>Commons</HI> for
high Trea&s;on, fo<GAP DESC="illegible" RESP="tech" EXTENT="1 letter"> not acknowledgin<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">, nor obeyin<GAP DESC="illegible" RESP="tech" EXTENT="1 letter"> the Power
of the two Hou&s;es, by adhering to the king in this War. I deny
this to b<GAP DESC="illegible" RESP="tech" EXTENT="1 letter"> Trea&s;on; For the &s;upreame and onely Power by the
Laws of the Land is in the king. If I &s;hould &s;ub<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">it to any exa|min<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">tion
derived from your Power, which by the Ne<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">ative oath
&s;tands in oppo&s;ition to the Kings Powe<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">, I &s;hould conte&s;&s;e the
Power to be in you, and &s;o condemne my <GAP DESC="illegible" RESP="tech" EXTENT="1 word"> for a Traytor,
which I neither ought no<GAP DESC="illegible" RESP="tech" EXTENT="1 letter"> will do.</P>
<P>I am &s;worn to obey the King, and the Laws of this Land: you
have not power to examine m<GAP DESC="illegible" RESP="tech" EXTENT="1 letter"> b<GAP DESC="illegible" RESP="tech" EXTENT="1 letter"> th<GAP DESC="illegible" RESP="tech" EXTENT="2 letters">e Laws, but by the Kings
Writ, Pattent, or Commi&s;&s;ion; if yo<GAP DESC="illegible" RESP="tech" EXTENT="1 letter"> ca<GAP DESC="illegible" RESP="tech" EXTENT="1 letter"> produce of her there|of,
I will an&s;wer the que<GAP DESC="illegible" RESP="tech" EXTENT="2 letters">ions you &s;hall p<GAP DESC="illegible" RESP="tech" EXTENT="2 letters">pound; ot<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">e<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">wi&s;e I
cannot an&s;wer thereto, without the breach of my Oath, and the
violation of the Laws, which I wil<GAP DESC="illegible" RESP="tech" EXTENT="1 letter"> not do to &s;ave my life.</P>
<P>You your &s;elves, all of you this Parliamen<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">, have &s;worn that
the King is our onely and &s;upreme Governor: you<GAP DESC="illegible" RESP="tech" EXTENT="1 letter"> Prote&s;tation,
<PB N="2" REF="3">
your Vow and Covenant, your &s;olemn League and Covenant,
your Declarations, all of them publi&s;h to the Kingdom, that
your &s;cope is the maintenance of the Laws; tho&s;e Laws are and
mu&s;t be derived to us, and enlivened by the onely &s;upreme Go|vernor,
the Fountain of ju&s;tice, and the life of the Law, the King.
The Parliaments are called by his Writs; the Judges &s;it by his
Pattents, &s;o of all other Officers; the Cities and Towns corpo|rate,
govern by the Kings Charters; and therefore &s;ince by the
Law I cannot be examined by you, without a power derived by
His Maje&s;ty, I neither can, nor will, nor ought you to examine
me upon any que&s;tions. But if as private Gentlemen, you &s;hall
be plea&s;ed to ask me any que&s;tions, I &s;hall really and truly an|&s;wer
every &s;uch que&s;tion, as you &s;hall demand.</P>
<CLOSER><DATELINE><DATE>April 10. 1647.</DATE></DATELINE>
<SIGNED>David Jenkins.</SIGNED></CLOSER>
</DIV2>
<DIV2 TYPE="letter">
<P>This paper hath been mi&s;repre&s;ented to the good people of
this City by a printed one, &s;tyling it my Recantation, which I
own not; and be&s;ides is in it &s;elf repugnant (ju&s;t like the&s;e times)
the Body fals out with the Head. To vindicate my &s;elf from that
Recantation, and to publi&s;h to the world the realitie of the pa|per
then delivered to Mr. <HI>Corbet,</HI> and the matter therein con|tained,
I have publi&s;hed this en&s;uing Di&s;cour&s;e.</P>
<P>No per&s;on who hath committed Trea&s;on, Murther, or Felony,
hath any a&s;&s;urance at all for &s;o much as one houre of life, lands
or goods, without the Kings gracious pardon. 27 <HI>H. 8. ca.</HI> 24.</P>
<P>The King is not virtually in the two Hou&s;es at <HI>Westminster,</HI>
whereby they may give any a&s;&s;urance at all to any per&s;on, in
any thing, for any &s;uch offence.</P>
<P>1. The Hou&s;e of Commons hath declared to the Kingdom in
their Declaration of the 28. of <HI>November</HI> la&s;t to the <HI>Scots</HI> Papers,
<HI>pa. 8. That the King at this time is not in a condition to govern.</HI> No per|&s;on
or thing can derive a vertue to other men, or things, which
it &s;elf hath not: and therefore it is impo&s;&s;ible that they &s;hould
have a vertue from the King to govern, which they, declare he
hath not him&s;elf to give.</P>
<P>2. The Law of the Land is,<NOTE PLACE="marg"><GAP DESC="illegible" REASON="blotted" EXTENT="1 letter"> Eliz. c. 1.</NOTE> <HI>That no per&s;on in any Parliament
<PB N="3" REF="3">
hath a voice in the H<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">u&s;e of Commons, but that he &s;tands a per&s;on to all
intents and purp<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">&s;es as if he had never been elected or returned, if before
he &s;it in the Hou&s;e, he take not his Oath upon the holy Evangelists, that the
Kings Maje&s;ty is the onely and &s;upreme Governour over all per&s;ons in all
Cau&s;es.</HI> All the Members of the &s;aid Hou&s;e have taken it, and at
all times as they are returned do take it; otherwi&s;e they have no
colour to intermeddle with the publick&punc; Affairs. How doth this
&s;olemn and legall Oath agree with their &s;aid Declaration, <HI>That
the King is in no condition to govern.</HI> By the one it is &s;worn, He is
the onely &s;upreme Governor; by the other that he is not in a
condition to govern.</P>
<P>3. The Oath is not, that the King was, or ought to be, or had
been, before he was &s;educed by ill Coun&s;ell, our onely and &s;u|preame
Governor in all Cau&s;es, over all per&s;ons; but in the pre|&s;ent
ten&s;e, that he is our onely and &s;upreame Governor, at this
pre&s;ent, in all cau&s;es, and over all per&s;ons. So they the &s;ame per|&s;ons
&s;wear one thing, and declare to the Kingdom the contrary
of the &s;ame thing, at the &s;ame time, in that which concerneth
the weal of all this Nation.</P>
<P>4. The Mini&s;ters in the Pulpits do not &s;ay, what they &s;wear
in the Hou&s;e of Commons. Who ever heard &s;ithence this unna|turall
warre, any of their Presbyters attribute that to his Maje|&s;tie
which they &s;wear? The rea&s;on is, their Oath is taken at <HI>We&s;t|min&s;ter</HI>
among&s;t them&s;elves: that which their Mini&s;ters pray and
teach, goes among&s;t the people. To tell the people that the King
is now their onely and &s;upreame Governor in all cau&s;es, is con|ttrary
to that the Hou&s;es do now practi&s;e, and to all they act
and maintain. They, the two Hou&s;es for&s;ooth, are the onely and
&s;upreame Governors in default of the King, for that he hath left
his great Coun&s;ell, and will not come to them, and yet the King
de&s;ires to come, but they will not &s;uffer him, but keep him pri|&s;oner
at <HI>Holdenby:</HI> &s;o well do their actions and O<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">ths agree.</P>
<P>5. They &s;wear now King <HI>Charles</HI> is their onely and &s;upreame
Governor; but with a re&s;olution at the time of the Oath taking,
and before and after, that he &s;hall not be onely or &s;upreame Go|vernor,
or onely and &s;upreame, but not any Governor at all: For
there is no point of Government, but for &s;ome yeers pa&s;t they
<PB N="4" REF="4">
have taken to them&s;elves, and u&s;ed his name onely, to abu&s;e
and deceive the people.</P>
<P>6. That this vertuall power is a meer fiction, their Propo&s;i|ti<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">ns
&s;ent to <HI>Oxford,</HI> to <HI>Newca&s;tle,</HI> to be &s;igned by the <HI>King,</HI> do
prove it &s;o. What needs this ado, if they have the vertuall Power
with them at <HI>We&s;tmin&s;te<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">?</HI></P>
<P>7. <HI>To affirm that the Kings Power (which is the vertue they
talk of) is &s;eparable from his per&s;on, is high Trea&s;on by the
Law of the Land: which is &s;o declared by that learned man of
the <GAP DESC="illegible" RESP="tech" EXTENT="1 letter">aw, Si<GAP DESC="illegible" RESP="tech" EXTENT="1 letter"></HI> Edward Cook; <HI>&s;o much magnified by this pre&s;ent
Parliament, who <GAP DESC="illegible" RESP="tech" EXTENT="1 word"> 7. part of his Reports in</HI> Calvins <HI>ca&s;e, fol.
11 &s;aith thus.</HI> In the Reign of Edw: 2. he Sponcers, the Father, a<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">d
Son, <GAP DESC="illegible" RESP="tech" EXTENT="1 span"> hatch<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">d in their h<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">arts, invented this damnable
and <GAP DESC="illegible" RESP="tech" EXTENT="1 word"> <GAP DESC="illegible" RESP="tech" EXTENT="1 letter">pinion, that homage a<GAP DESC="illegible" RESP="tech" EXTENT="1 letter"> doath of ligeance was more by rea|&s;<GAP DESC="illegible" RESP="tech" EXTENT="2 letters">
<GAP DESC="illegible" RESP="tech" EXTENT="1 word"> Kings Cr<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">wn, (that is, of his polit<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">ck capacity) then by rea&s;on
of <GAP DESC="illegible" RESP="tech" EXTENT="1 letter">h<GAP DESC="illegible" RESP="tech" EXTENT="1 letter"> per&s;<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">n of <GAP DESC="illegible" RESP="tech" EXTENT="1 word"> King; upon whi<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">h <GAP DESC="illegible" RESP="tech" EXTENT="1 letter">pinion they inferred <GAP DESC="illegible" RESP="tech" EXTENT="1 letter">hree execrable
and <GAP DESC="illegible" RESP="tech" EXTENT="1 span">. 1. I<GAP DESC="illegible" RESP="tech" EXTENT="1 letter"> the King do not demean him&s;elf by
rea&s;on in the right of his Cro<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">n, his <GAP DESC="illegible" RESP="tech" EXTENT="1 word"> are bound by Oath to remove
th<GAP DESC="illegible" RESP="tech" EXTENT="1 letter"> King. 2 Seeing that the King could not be r<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">formed <GAP DESC="illegible" RESP="tech" EXTENT="1 word"> of
<GAP DESC="illegible" RESP="tech" EXTENT="1 word"> that ought to be done <HI>per a&s;pertee:</HI> that is, by f<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">rce. 3. That his
lieges be bound to govern in aid of him, and in <GAP DESC="illegible" RESP="tech" EXTENT="1 span">: All whi<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">h
were condemned by two Parliaments, one in the Reign of <HI>Ed<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">: 2.</HI> call<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">d
<HI><GAP DESC="illegible" RESP="tech" EXTENT="1 letter">xilium Hugonis le Spencer; and the other in</HI> Anno 1 Edw: 3.
cap 2.</P>
<P>And that the naturall body and politick makes one indivi|&s;ible
body, and that the&s;e two bodies incorporate in one per&s;on
make one body, and not divers, is re&s;olved as the Law of <HI>Eng|land,
4. E<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">iz: Plowdon</HI> Com: fol: 213. by Si<GAP DESC="illegible" RESP="tech" EXTENT="1 letter"> <HI>R<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">bert Ca<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">lin,</HI> Lord
Chief Ju&s;tice of <HI>England,</HI> <GAP DESC="illegible" RESP="tech" EXTENT="1 span">, Lord Chief Ju&s;<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">ice of
the Common P<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">ea&s;e; the Lord <HI>Sa<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">ders,</HI> Lord Chief baron of
the <HI>Exchequer,</HI> and by the re&s;t o<GAP DESC="illegible" RESP="tech" EXTENT="1 letter"> the Ju<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">ges, <HI>viz.</HI> <GAP DESC="illegible" RESP="tech" EXTENT="1 span">,
Ju&s;tice <GAP DESC="illegible" RESP="tech" EXTENT="1 word"> Ju&s;tice <HI>Corbet,</HI> Ju&s;tice <HI>Weston</HI> baron <GAP DESC="illegible" RESP="tech" EXTENT="1 span">
and <GAP DESC="illegible" RESP="tech" EXTENT="1 word"> Sergeants&punc; <GAP DESC="illegible" RESP="tech" EXTENT="1 span"> General<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">. <HI><GAP DESC="illegible" RESP="tech" EXTENT="1 word"> Atturey</HI>
of the <HI>Turchy: <GAP DESC="illegible" RESP="tech" EXTENT="1 word"></HI> the learned it man of that age, in the
kn<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">w<GAP DESC="illegible" RESP="tech" EXTENT="2 letters">dg<GAP DESC="illegible" RESP="tech" EXTENT="1 letter"> of the Law, and Cu<GAP DESC="illegible" RESP="tech" EXTENT="2 letters">omes of the Re<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">lm.</P>
<P>8. The Law in all <GAP DESC="illegible" RESP="tech" EXTENT="1 word"> without any <GAP DESC="illegible" RESP="tech" EXTENT="1 word"> is and <GAP DESC="illegible" RESP="tech" EXTENT="1 word">
been:<NOTE PLACE="marg">2 H. <GAP DESC="illegible" RESP="tech" EXTENT="1 letter"> Ma<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">na Cha<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">ta.</NOTE> That <HI>no Act of Parliament <GAP DESC="illegible" RESP="tech" EXTENT="1 word"> the Subj<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">cts of the L<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">rd
<PB N="5" REF="4">
without the a&s;&s;ent of the King,</HI><NOTE PLACE="marg">So in every age till this day, and in every Kings time, as ap|pears by the Acts in print 1 part of the In&s;tit. Sect. 234. in fine. where many of the Law-Books are ci|ted.</NOTE> <HI>either for Per&s;on, Lands, goods, or fame.</HI>
No man can &s;hew any fillable, letter, or line to the contrary in
the books of the Law, or printed Acts of Parliament, in any age
in this Land. If the vertuall Power be in the Hou&s;es, there needs
no a&s;&s;ent of the Kings. The &s;tiles of the Acts printed from 9 <HI>H.</HI>
3. to 1 <HI>H.</HI> 7. were either, <HI>The King ordains at this Parliament,</HI> &amp;c.
or the King ordaineth by the advice of his Prelates and Bar|rons,
and at the humble Petition of the Commons, &amp;c. In <HI>Hen.
7.</HI> his time the Stile altered, and hath &s;ithence continued thus,
It is ordained by the Kings Maje&s;tie, and the Lords Spirituall
and Temporall, and Commons in this pre&s;ent Parliament a&s;|&s;embled.
So that alwayes the A&s;&s;ent of the King giveth the life
to all,<NOTE PLACE="marg">7 H. 7. 14. 12 of H. 7. 20</NOTE> as the &s;oul to the body; and therefore our Law Books
call the King, the Fountain of Ju&s;tice, and the life of the Law.</P>
<P>9. Mercy as well as Ju&s;tice belongs by the Law of the Land
onely to the King.<NOTE PLACE="marg">2 H. 4. ca. 22. 4 pars in&s;tit. 42.</NOTE> This is confe&s;&s;ed by Mr. <HI>Prin<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">,</HI> and it is &s;o
without any que&s;tion: The King can onely pardon, and never
more <GAP DESC="illegible" RESP="tech" EXTENT="1 letter">au&s;e to have &s;ufficient pardons then in &s;uch trouble&s;ome
times as the&s;e;<NOTE PLACE="marg">Mr. <HI>Prinn</HI> in his Treati&s;e of the great Seal, fol. 17. 27 H. 8. c. 24.</NOTE> and God &s;end us pardons and peace. None can
give any pardon, but the King by the Law of the Land: <HI>The whole
and &s;ole power of pardoning Trea&s;ons and Felonies belongs to the King,</HI>
are the words of the Law, and it is a delu&s;ion to take it from any
other, and utterly invalid. <HI>27&punc; H. 8. ca. 24.</HI></P>
<P>10. Queen <HI>Elizabeth</HI> &s;ummoned her fir&s;t Parliament, to be
held the 23. of <HI>Janna.</HI> in the fir&s;t yeer of her Maje&s;ties Reign.
The Lords and Commons a&s;&s;embled by force of the &s;ame Writ,
the 23. day the Queen fell &s;ick, and could not appear in her per|&s;on
in Parliament that day, and therefore prorogued it untill
the 25. of the &s;ame moneth of Januarie.<NOTE PLACE="marg">3 Eliz. Dier 203.</NOTE> <HI>Re&s;olved by all the Judges
of</HI> England, <HI>that the Parliament began not the day of the return of the
Writ,</HI> viz: <HI>the 23. of January, when the Lords and Commons appeared;
but the 25. of the &s;aid moneth, when the King came in per&s;on:</HI> which
&s;heweth evidently that this vertuall pre&s;ence is a meer deluding
fiction that hath no ground in Law, rea&s;on, or &s;en&s;e. They
have the King now a Pri&s;oner at <HI>Holdenby,</HI> with guards upon
him, and yet they govern by the vertuall Power of their Pri&s;o|ner.
The&s;e are &s;ome few of the cau&s;es and rea&s;ons which moved
<PB N="6" REF="5">
me to deliver that paper to Mr. <HI>Corbet,</HI> which I am readie to <GAP DESC="illegible" RESP="tech" EXTENT="2 letters">|&s;tifie
with my life, and &s;hould hold it a great honour to <GAP DESC="illegible" RESP="tech" EXTENT="1 span">
the honourable an<GAP DESC="illegible" RESP="tech" EXTENT="1 letter"> holy Laws of the Land: That <GAP DESC="illegible" RESP="tech" EXTENT="1 span">
&s;ave this Land fro<GAP DESC="illegible" RESP="tech" EXTENT="1 letter"> <GAP DESC="illegible" RESP="tech" EXTENT="3 letters">truction, is an Act of Oblivion, <GAP DESC="illegible" RESP="tech" EXTENT="1 span">
Maje&s;ties gracious <GAP DESC="illegible" RESP="tech" EXTENT="4 letters">all pardon, the Soul<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">iers their <GAP DESC="illegible" RESP="tech" EXTENT="1 word">
and every man his <GAP DESC="illegible" RESP="tech" EXTENT="1 word">, and Truth and Peace e&s;tabli&s;hed in <GAP DESC="illegible" RESP="tech" EXTENT="1 word">
<GAP DESC="illegible" RESP="tech" EXTENT="2 letters">nd, and a favourable regard had to the &s;atisfaction of <GAP DESC="illegible" RESP="tech" EXTENT="1 word">
Con&s;ciences.</P>
<CLOSER><DATELINE><DATE>April 29. 1647.</DATE></DATELINE>
<SIGNED>David Jenkins.</SIGNED></CLOSER>
</DIV2>
<DIV2 TYPE="reply to letter">
<HEAD>An ANSWER to the Poy&s;onous
Seditious Paper of Mr. David Jenkins.</HEAD>
<P>MR. <HI>David Jenkins</HI> in his Paper of the 29. of <HI>April</HI> la&s;t, lay<GAP DESC="illegible" RESP="tech" EXTENT="2 letters">
mo&s;t odious charges upon the <HI>Parliament:</HI> and con&s;e|quently
upon all that have adhered to the <HI>Parliament</HI> in this
Warre; and le&s;<GAP DESC="illegible" REASON="faint" EXTENT="1 letter"> the&s;e his de&s;perate infu&s;ions &s;hould not work
powerfully enough upon the vulgar; he being an ancient pra|cti&s;er
in the Law, and promoted to the title of a Judge: he cites
Book ca&s;es aga<GAP DESC="illegible" REASON="missing" EXTENT="1 letter">n&s;t the two Hou&s;es, and &s;eems forward to lay
down his life in the cau&s;e.</P>
<P>His 1. Argument runs thus. The <HI>Parliament</HI> not having the
Kings Writ, Patent or Commi&s;&s;ion, cannot do &s;o much as exa|mine
any man: But the <HI>Parliament</HI> has not the Kings Writ, &amp;c.
<HI>Ergo:</HI> his minor is confirmed thus. If the Kings power remain
&s;olely in him&s;elf, and be not vertually pre&s;ent in the two Hou&s;es,
then they cannot pretend his Writ, Pattent or Commi&s;&s;ion. But
the Kings power is in him&s;elf, and not vertually in the two
H<GAP DESC="illegible" REASON="missing" EXTENT="1 letter">u&s;es, <HI>ergo,</HI> that the <HI>Parliament</HI> has no vertuall power, he proves
thu<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">&punc;</P>
<P>1. If the <HI>Parliament</HI> had in them the Kings vertuall Power,
they needed not de&s;ire the Kings ratification: they needed not
<PB N="7" REF="5">
&s;end any Propo&s;itions to him; but now they &s;end Propo&s;itions,
<HI>ergo</HI> this vertuall power is but a meer fiction.</P>
<P><GAP DESC="illegible" RESP="tech" EXTENT="1 letter"> To affi<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">m that the Kings power is &s;eparable from his per|&s;on,
is by the Law adjudged high Trea&s;on: but in the <HI>Parliament</HI>
<GAP DESC="illegible" RESP="tech" EXTENT="1 word"> the Kings Power is vertually in them, then they &s;eparate it
<GAP DESC="illegible" RESP="tech" EXTENT="1 word"> his per&s;on <HI>Ergo.</HI></P>
<P>3. If none can pardon Felony or Trea&s;on except the <HI>King,</HI>
<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">one has the virtua<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">l power of the <HI>King,</HI> but none can pardon
except the <HI>King, Ergo,</HI></P>
<P>4. If the <HI>King</HI> be in no condition to govern, then he is in no
condition to derive virtuall power, but, &amp;c.</P>
<P>5. If none can &s;it in <HI>Parliament</HI> but he mu&s;t fir&s;t &s;wear that the
<GAP DESC="illegible" RESP="tech" EXTENT="1 span"> the onely Supreame Governor over all Per&s;ons in all
Cau&s;es, then, no Member of the <HI>Parliament,</HI> nor the whole <HI>Parlia|ment,</HI>
can &s;uppo&s;e him or them&s;elves &s;uperiour to the <HI>King:</HI> but
none can &s;it in <HI>Parliament,</HI> &amp;c. <HI>Ergo,</HI></P>
<P><GAP DESC="illegible" RESP="tech" EXTENT="1 letter"> I<GAP DESC="illegible" RESP="tech" EXTENT="1 letter"> no Act of <HI>Parliament</HI> binde the Subject without the <HI>Kings</HI>
<GAP DESC="illegible" RESP="tech" EXTENT="1 word">, then there is no virtuall power in the <HI>Parliament</HI> without
the Kings a&s;&s;ent; but no Act binds, &amp;c. <HI>Ergo,</HI></P>
<P>Out of the&s;e premi&s;es which this grave Gentleman judges to
be <GAP DESC="illegible" RESP="tech" EXTENT="1 letter">rrefragable, he concludes that the <HI>Parliament</HI> denies the <HI>King</HI>
to be Supreame Governor, nay to be any Governor at all, in as
<GAP DESC="illegible" RESP="tech" EXTENT="1 word"> as there is no point of government, He &s;ayes but th<GAP DESC="illegible" RESP="tech" EXTENT="1 letter"> <HI>Par|liament</HI>
for &s;ome yeers pa&s;t have taken to them&s;elves u&s;ing the
Kings name, onely to abu&s;e and deceive the people. He &s;aies
further, the <HI>Parliament</HI> pretends again&s;t the King, becau&s;e that
he ha<GAP DESC="illegible" RESP="tech" EXTENT="1 letter"> left the great Coun&s;ell, and yet the King de&s;ires to come
to his great Coun&s;ell, but cannot becau&s;e he is by them kept
<GAP DESC="illegible" RESP="tech" EXTENT="1 word"> at <HI>Holmby.</HI></P>
<P><GAP DESC="illegible" RESP="tech" EXTENT="1 span"> he &s;aies the Hou&s;es are guilty of pe<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">jur<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">as well as of
the <GAP DESC="illegible" RESP="tech" EXTENT="1 word"> the people, and rebelling again&s;t the King; in as much
as at the &s;ame time they &s;wear him to be onely <GAP DESC="illegible" RESP="tech" EXTENT="1 word"> Go|vernor,
and declare him to be in no condition to govern.</P>
<P>How ea&s;ily the&s;e things may be an&s;wered, and refuted, let
the world &s;ee.</P>
<P><GAP DESC="illegible" RESP="tech" EXTENT="1 span"> cannot be denyed: but the <HI>Parliament</HI> &s;its by the
<HI>Kings</HI> Writ, nay if Statute Law be greater then th<GAP DESC="illegible" RESP="tech" EXTENT="2 letters"> <HI>Kings</HI> Writ,
it cannot be denyed but the <HI>Parliament</HI> <GAP DESC="illegible" RESP="tech" EXTENT="1 word"> or ough<GAP DESC="illegible" RESP="tech" EXTENT="1 letter"> to <GAP DESC="illegible" RESP="tech" EXTENT="1 word"> by
&s;omething greater then then the <HI>Kings</HI> <GAP DESC="illegible" RESP="tech" EXTENT="1 word">, And, if it be con|fe&s;&s;ed
<PB N="8" REF="6">
that the <HI>Parliament</HI> &s;its by the <HI>Kings</HI> Writ, but does not
Act by the <HI>Kings</HI> Writ, then it mu&s;t follow that the <HI>Parliament</HI> is
a void vain Court, and &s;its to no purpo&s;e; nay it mu&s;t al&s;o fol|low,
that the <HI>Parliament</HI> is of le&s;&s;e Authority, and of le&s;&s;e u&s;e
then any other inferiour Court. Fora&s;much as it is not in the
<HI>Kings</HI> power to controul other Courts, or to prevent them from
&s;itting or Acting.</P>
<P>2. This is a gro&s;&s;e <HI>non &s;equitu<GAP DESC="illegible" RESP="tech" EXTENT="1 letter"></HI> the <HI>Kings</HI> power is in him&s;elf,
<HI>Ergo</HI> it is not derived to, nor does re&s;ide virtually in the <HI>Parlia|ment.</HI>
For the light of the Sun remains imbodied, and unexhau&s;t|ed
in the Globe of the Sun, at the &s;ame time as it is diffu&s;ed and
di&s;played through all the body of the air; and who &s;ees not that
the King without emptying him&s;elf, gives Commi&s;&s;ions daily
of Oier and Terminer to others, which yet he him&s;elf can nei|ther
fru&s;trate nor el<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">de? But for my part I conceive it is a great
errour to infer that the <HI>Parliament</HI> has onely the Kings power,
becau&s;e it has the Kings power in it: for it &s;eems to me that the
<HI>Parliament</HI> does <GAP DESC="illegible" RESP="tech" EXTENT="1 word"> &s;it and act by concurrent power, devo<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">ved
both from the King and Kingdom; And this in &s;ome things is
more obvious and apparent then in others. For by what power
does the <HI>Parliament</HI> grant Sub&s;edies to the King? if onely by the
power which the King gives, then the King may take Sub&s;edies
without any grant from the <HI>Parliament:</HI> and if it be &s;o by a
power which the people give to the <HI>Parliament,</HI> then it will fol|low,
that the <HI>Parliament</HI> has a power given both by King and
Kingdom.</P>
<P>3. The &s;ending Propo&s;itions to the King, and de&s;<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">ring his
concurrence, is &s;carce worth an An&s;wer; for Subjects may hum|bly
petition for that which is their &s;trict right and property.
Nay it may &s;ometimes be&s;eem a &s;uperior to prefer a &s;uit to an
inferior for matters in them&s;elves due. God him&s;elf has not ut|terly
di&s;dained to be&s;eech his own mi&s;erable, impious, unwor|thy
creatures: be&s;ides 'tis not our Tenet that the King has no
power, becau&s;e he has not all power; nor that the King cannot
at all promote our happine&s;&s;e, becau&s;e he has no ju&s;t claim to
procure our ruine.</P>
<P>4. We affirm not that the Kings power is &s;eparated from his
per&s;on &s;o as the two <HI>Spen&s;ers</HI> affirmed; neither do we frame con|clu&s;ions
out of that &s;eparation as the two <HI>Spen&s;ers</HI> did, either
<PB N="9" REF="6">
that the King may be removed or mi&s;demenors, or reformed
<HI>per a&s;pertee;</HI> or that the Subject is bound to govern in aid of him;
we onely &s;ay, that his power is di&s;tingui&s;hable from his per&s;on:
and when he him&s;elf makes a di&s;tinction betwixt them, com|manding
<HI>one</HI> thing by his Legall Writes, Courts and Officers;
and commanding another thing extra<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">udicially by word of
mouth, letters, or Mini&s;ters, we are to obey his Power rather
then his Per&s;on.</P>
<P>5. We take not from the King all power of pardoning <HI>Delin|quents,</HI>
we onely &s;ay it is not proper to him <HI>quarto modo.</HI> For if
the King pardon him which has murdered my &s;on, his pardon
&s;hall not <GAP DESC="illegible" RESP="tech" EXTENT="1 letter">ut me off from my appeal: and 'tis more unrea&s;ona|ble
that the Kings pardon &s;hould make a whole State which
has &s;uffered remedile&s;&s;e, then any private man. So if the King
&s;hould deny indemnity to tho&s;e which in the fury of war have
done things unju&s;tifiable by the Laws of Peace, and thereby
keep the wounds of the State from being bound up, 'tis equia|ble
that an Act of Indemnity &s;hould be made forcible another
way. And if this will not hold, yet this is no good con&s;equence
the King is ab&s;olute in point of pardons, therefore he is ab&s;olute
in all things el&s;e; and the <HI>Parliament</HI> has no power to di&s;charge
<HI>Delinquenties,</HI> therefore it has no power in other matters.</P>
<P>6 The <HI>Parliament</HI> has declared the <HI>King</HI> to be in no condi|tion
to govern: but this mu&s;t nor be interpreted rigidly, and
without a di&s;tinction: for if the <HI>King</HI> with his &s;word drawn in
his hand, and pur&s;uing the <HI>Parliament</HI> and their adherents as
Rebels, be not fit for all Acts of Government, <GAP DESC="illegible" RESP="tech" EXTENT="1 word"> not hereby
in&s;inuated that he is <GAP DESC="illegible" RESP="tech" EXTENT="1 word"> o<GAP DESC="illegible" RESP="tech" EXTENT="1 letter"> the habit or righ<GAP DESC="illegible" RESP="tech" EXTENT="1 letter"> of governing.
<GAP DESC="illegible" RESP="tech" EXTENT="1 span"> be unq<GAP DESC="illegible" RESP="tech" EXTENT="3 letters">ified now, <GAP DESC="illegible" RESP="tech" EXTENT="1 word"> is not <GAP DESC="illegible" RESP="tech" EXTENT="1 word"> for the future. If
he may not do things de&s;tructive to the <HI>Parliament,</HI> he is not <GAP DESC="illegible" RESP="tech" EXTENT="1 word">
from returning to the <HI>Parliament,</HI> or doing <GAP DESC="illegible" RESP="tech" EXTENT="1 word"> to the <HI>Par|liament.</HI>
This is a frivelous civill, and &s;ub<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">erfuge.</P>
<P>7 We &s;wear that the <HI>King</HI> is our &s;upreame Governor over
all Per&s;ons, and in all cau&s;es; but we do not &s;wear that he is
above all Law, nor above the <GAP DESC="illegible" RESP="tech" EXTENT="1 word"> of his people, which is the
end of the Law, and indeed <HI>Paramou<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">t</HI> to the Law it &s;elf. I<GAP DESC="illegible" RESP="tech" EXTENT="1 letter"> he be
above all Law, or lyable to no re&s;t<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">aint of ou<GAP DESC="illegible" RESP="tech" EXTENT="1 letter"> Law, then we are
<GAP DESC="illegible" RESP="tech" EXTENT="1 span"> the <HI>French,</HI> or the <HI>T<GAP DESC="illegible" RESP="tech" EXTENT="2 letters">ks;</HI> a<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">d if he be above the
pri<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">e end of Law <HI>common &s;afety,</HI> then we are not &s;o <GAP DESC="illegible" RESP="tech" EXTENT="1 span"> the
<PB N="10" REF="7">
<HI>French,</HI> or the <HI>Turks.</HI> For if the totall &s;ubver&s;ion of the <HI>French</HI> or
the <HI>Turk</HI> were attempted they might by Gods law imprinted
in the book of nature ju&s;tifie a &s;elf-defence; but we mu&s;t remedi|le&s;ly
peri&s;h when the <HI>King</HI> plea&s;es to command our throats. Be|&s;ides,
how acheived the <HI>King</HI> of England &s;uch a Supremacy
above all Law, and the community it &s;elf, for who&s;e behoof
Law was made? If Gods donation be pleaded, which is not &s;pe|ciall
to him, or different from what other <HI>Kings</HI> may pretend
too, then to what purpo&s;e &s;erve our Laws, nay to what purpo&s;e
&s;erve the Laws of other Countreys? for by this generall dona|tion,
all Nations are condemned to all &s;ervitude as well as we.
If the Law of this Land be appealed to, what Books has Mr. <HI>Jen|kins</HI>
read, where has he found out that <HI>Lex Regia,</HI> whereby the
people of England have given away from them&s;elves all right
in them&s;elves? Some of our books tell us that we are more free
then the <HI>French,</HI> that the <HI>King</HI> cannot oppre&s;&s;e us in our per&s;ons,
or e&s;tates, by impri&s;onment, denying ju&s;tice, or laying taxes
without our con&s;ents: other books tell us, that the &s;afety of the
people is the &s;upreame law, and that the <HI>King</HI> has both God
and the Law for his Superior. But all this is nothing to learned
Mr. <HI>Jenkins.</HI></P>
<P>8. We admit that no Acts of <HI>Parliament</HI> are compleat, or for|mally
binding without the <HI>Kings</HI> a&s;&s;ent: yet this is &s;till to be de|nyed,
that therefore without this a&s;&s;ent particularly expre&s;t,
the two Hou&s;es can do nothing, nor have any virtuall power at
all, no not to examine Mr. <HI>Jenkins,</HI> nor to do any other thing of
like nature, though in order to publick ju&s;tice and &s;afetie. I have
done, and wi&s;h Mr. <HI>Jenkins</HI> would call in, and lick up again his
black, infamous, execrable reproaches, &s;o filthily vomited out
again&s;t the <HI>Parliament.</HI></P>
</DIV2>
<DIV2 TYPE="reply to reply">
<HEAD>The Reply of Judge Jenkins to Mr. H. P.</HEAD>
<P>AFter the &s;aid Mr. <HI>H. P.</HI> hath made a recitall of the Heads
of my <HI>Vindication,</HI> he deduceth his An&s;wer unto eight Par|ticulars.</P>
<DIV3 N="1" TYPE="item">
<PB N="11" REF="7">
<HEAD>To the fir&s;t.</HEAD>
<P>I Was examined by a Committee appointed by the Hou&s;e of
Commons: I &s;ay and &s;aid that the Hou&s;e of Commons have
no power to examine me, for that it is no Court, every Court
hath power to examine upon Oath, this power the Hou&s;e of
Commons never claimed;<NOTE PLACE="marg">5 H 4 c. 3.</NOTE> The Court of <HI>Pie-Powders, Court-Baron,
Hundred Court,</HI><NOTE PLACE="marg">3 H 6. 46.</NOTE> <HI>County Court,</HI> and every other Court of Record,
or not of Record,<NOTE PLACE="marg">19 H 6. 43.</NOTE> hath power to examine upon oath, and an
examination without Oath,<NOTE PLACE="marg">35 H. 6. 5.</NOTE> is a communication onely, exa|mination
in Law is upon oath.</P>
<P>There is no Court without a power of triall,<NOTE PLACE="marg">Sir Anthony Maynes ca&s;e, Cook 5. pars, Reports, Lit. 2. lib. Sect. 194. 6 H. 4. 1.</NOTE> the Hou&s;e of
<HI>Commons</HI> hath no power to try any offence, nor ever practi&s;ed it
by Bill, Inditement, Information, Plaint or Originall, to de|duce
it to triall, nor to try it by Verdict, Demurrer or Exami|nation
of witne&s;&s;es upon Oath, without which there can be no
condemnation or judgement; and that which can attain to no
rea&s;onable end, the Law rejects as a thing <HI>inutile,</HI> and u&s;ele&s;&s;e:
<HI>Sapiens incipit &agrave; fine.</HI></P>
<P>The Writ whereby they are called gives them power <HI>Ad fa|ciendum
&amp; con&s;entiendum,</HI><NOTE PLACE="marg">4 pars, In&s;tit. fol 4. &amp; 9.</NOTE> to what? to &s;uch things <HI>Quae ibidem de
communi Con&s;ilio ordinari contigerint, (viz.)</HI> in the Parliament:
This makes nothing at all for a Court for the Hou&s;e of Com|mons;
that <HI>con&s;ilium</HI> which that Writ intends, is cleared partly
by the Writ for choo&s;ing Knights, &amp;c. For the King by that Writ
is &s;aid to re&s;olve to con&s;ult and treat with the Prelates and
Peers of the Kingdom, for and touching the great concernments
of the Common-wealth (for the King never fits in the Hou&s;e
of Commons;) and this al&s;o is made evident by the Writs to
the Prelates, Peers, Judges, and to his Councell at Law; the
words in their Writs are, <HI>To appear and attend the Parliament, Con|&s;ilium
impen&s;ure,</HI> the one doth <HI>con&s;ulere,</HI> the other <HI>facere &amp; con&s;en|tire.</HI></P>
<P>The Hou&s;e of Lords,<NOTE PLACE="marg">7 H 6. 28.</NOTE> where the King fits in per&s;on, a&s;&s;i&s;ted by
his Lords,<NOTE PLACE="marg">1 H 7. 20.</NOTE> Judges, Serjeants, Atturney, Sollicitor, Ma&s;ters of
the Chancery,<NOTE PLACE="marg">14 E. 3. ca 5.</NOTE> is a Court of Record to many purpo&s;es, &s;et down
in the books of the Law,<NOTE PLACE="marg">1 Pa<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">s, In&s;tit. pa. 21.</NOTE> and the Statutes of the Land; and that
Courts is onely in the Hou&s;e of Lords, where the King &s;its.</P>
<P><PB N="12" REF="8">
A Court mu&s;t either be by the Kings Patent, Statute Law, or
by the Common Law,<NOTE PLACE="marg">Plowd Com. 319.</NOTE> which is common and con<GAP DESC="illegible" RESP="tech" EXTENT="2 letters">ant u&s;age;
the Hou&s;e of Commons hath no Patent to be a Court, nor S<GAP DESC="illegible" RESP="tech" EXTENT="2 letters">|tute
Law to be a Court, nor common u&s;age; they have no
<GAP DESC="illegible" RESP="tech" EXTENT="1 word"> Book but &s;ince <HI>E. 6.</HI> time: was there ever Fine by the
Hou&s;e of Commons e<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">treated into the Excheque<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">? For murther
o<GAP DESC="illegible" RESP="tech" EXTENT="1 letter"> Felony they can impri&s;on no man, much <GAP DESC="illegible" RESP="tech" EXTENT="1 letter">e&s;&s;e for Trea&s;on;
the Hou&s;e which cannot do the le&s;&s;e cannot do the greater.</P>
<P>I<GAP DESC="illegible" RESP="tech" EXTENT="1 letter"> is ordained,<NOTE PLACE="marg">25 E 3 c 4.</NOTE> that no man &s;hall be impri&s;oned, or put out
of his Franchi&s;e by the King or his Councell,<NOTE PLACE="marg">3&punc; Car Peti|tion of Right.</NOTE> but upon Indict|ment
or pre&s;entment of his good and lawfull Neighbours,
where the deed is done, or by originall Writ at the Common
Law, and &s;o is <HI>Lex terrae</HI> the Law of the Land, mentioned is
<HI>Magna Charta.</HI> cap. 29 expounded; and the &s;aid <HI>Magna Charta</HI>
and <HI>Charta <GAP DESC="illegible" RESP="tech" EXTENT="1 span">,</HI> are declared by the Statute of 25 <HI>E 1. <GAP DESC="illegible" RESP="tech" EXTENT="1 word">.</HI>
to be the Common Law of the Land. All Judges and Com|mi&s;&s;ioners
are to proceed, <HI>Secundum legem &amp; con&s;uetudinem Regni
Angliae,</HI> as appears by all proceedings in all Courts, and by all
Commi&s;&s;ions: and therefore the Hou&s;e of Commons by them|&s;elves
proceeding not by Indictment, Pre&s;entment, <GAP DESC="illegible" RESP="tech" EXTENT="1 word"> Origi|nall
Writ, have no power to impri&s;on men, or to put them out
of their Franchi<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">e.</P>
<P>This no way trenches upon the Parliament,<NOTE PLACE="marg">4 pars, In&s;tit. pag 1</NOTE> for it is in Law
no Parliament withou<GAP DESC="illegible" RESP="tech" EXTENT="1 letter"> King and both Hou&s;es;<NOTE PLACE="marg">3 Pars. In&s;tit. p. 3.</NOTE> I have onely in
my Paper de<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">ivered to Mr. <HI>Corbet,</HI> applyed my &s;elf to that Com|mittee,
<NOTE PLACE="marg">12 H 7. 20. Prince ca&s;e.</NOTE> that they had no power to examine me; but I never
thought, &s;aid, or wrote, that the Parliament had no power to
examine me:<NOTE PLACE="marg">8 Pars&punc; Cook. 1 Pars, <GAP DESC="illegible" RESP="tech" EXTENT="1 word"> p <GAP DESC="illegible" RESP="tech" EXTENT="1 letter">59.</NOTE> the Law and cu&s;tome of this Land is, that a Par|liament
hath power over my life, liberty, lands and goods, and
over every other Subject;<NOTE PLACE="marg">1 H 8 3</NOTE> but the Hou&s;e of Commons of it &s;elf
hath no &s;uch power.<NOTE PLACE="marg">Dier&punc; 38 H 8 60</NOTE></P>
<P>For the Lord <HI>Cooks</HI> relation, that the Hou&s;e of Commons
have impo&s;ed <GAP DESC="illegible" RESP="tech" EXTENT="1 word">,<NOTE PLACE="marg">1 P<GAP DESC="illegible" RESP="tech" EXTENT="2 letters">s, In&s;tit p 19 <GAP DESC="illegible" RESP="tech" EXTENT="1 letter">.</NOTE> and impri&s;oned men in Queen <HI>E<GAP DESC="illegible" RESP="tech" EXTENT="2 letters">z<GAP DESC="illegible" RESP="tech" EXTENT="2 letters">ths</HI>
time, and &s;ince; Few facts of late time never <GAP DESC="illegible" RESP="tech" EXTENT="1 span">
power nor Court,<NOTE PLACE="marg">4 <GAP DESC="illegible" RESP="tech" EXTENT="1 word"> <GAP DESC="illegible" RESP="tech" EXTENT="2 letters">&s;tit ca. Parl.</NOTE> <HI>&agrave; <GAP DESC="illegible" RESP="tech" EXTENT="1 span"></HI> is no good <GAP DESC="illegible" RESP="tech" EXTENT="1 word">
for the words of the Statute of 6 <HI>H 8 c. 16</HI> that a <GAP DESC="illegible" RESP="tech" EXTENT="1 letter">icence to
dep<GAP DESC="illegible" RESP="tech" EXTENT="2 letters">t from the Hou&s;e or Commons for any Member thereof
is to be entred of Record in the Book or the Clark of the Par|liament,
<PB N="13" REF="8">
appointed, or to be appointed for that Hou&s;e, doth
not conclude that the Hou&s;e of Commons is a Court of Re|cord.</P>
<P>For fir&s;t, that Law of 6. <HI>H. 8. c. 26.</HI> handles no &s;uch que&s;tion,
as that, whether the Hou&s;e of Commons be a Court, it is a
maxime in all Laws, <HI>Lex aliud tractans nil probat,</HI> the word <HI>(Re|cord)</HI>
there mentioned, is onely a memoriall of what was done
and entered in a Book: A Plaint removed out of the County-Court
to the Court of the Common-Pleas, hath the&s;e words
in the Writ of remove,<NOTE PLACE="marg">Fitzh Nat. Br 70</NOTE> <HI>Recordari facias loquelam, &amp;c.</HI> and yet the
County-Court is no Court of Record, and &s;o for ancient De|me&s;ne,
<NOTE PLACE="marg">Fi<GAP DESC="illegible" RESP="tech" EXTENT="2 letters">h. Nat, Br 13.</NOTE> in a Writ of fal&s;e judgement, the words are <HI>Recordari fa|cias
loquelam,</HI> &amp;c. and yet the Court of ancient Deme&s;ne is no
Court of Record;<NOTE PLACE="marg">12 H 4. 23.</NOTE> and &s;o of a Court Baron, the Law and cu|&s;tome
of <HI>England</HI> mu&s;t be pre&s;erved,<NOTE PLACE="marg">34 H. 6. 49.</NOTE> or <HI>England</HI> will be de&s;troy|ed,
and have neither Law nor cu&s;tome.</P>
<P>Let any man &s;hew me, that the Court of Lords, or the Hou&s;e
of Commons in any age hath made any man a Delinquent
<HI>(Rege di&s;&s;entiente)</HI> the King contradicting it under his Great
Seal. Sir <HI>Gi<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">es Mompe&s;&s;on, Michel,</HI> and others of late were con|demned
by the pro&s;ecution of the Hou&s;e of Commons in King
<HI>James</HI> his time; did King <HI>James</HI> ever contradict it? And &s;o of
ancient times,<NOTE PLACE="marg">4 Pars, In&s;tit. Tit. Parl. p. 23.</NOTE> where the Hou&s;e of Peers condemned <HI>Latimer</HI>
in 50. <HI>E.</HI> 3. the Kings pardon freed him: which &s;hews cleerly,
that the Kings expre&s;&s;e or implyed a&s;&s;ent mu&s;t of nece&s;&s;ity be
had to make a Delinquent.</P>
<P><HI>The Gentleman &s;aith,</HI> That the Parliament fits, or ought to &s;it by
&s;omething greater then the Kings Writ, &amp;c.</P>
<P>No Parliament did ever &s;it without the Kings Writ, nor
could ever Parliament begin without the Kings pre&s;ence in
per&s;on,<NOTE PLACE="marg">4 Pars, In&s;tit. p. 4. &amp; 6.</NOTE> or by a Guardian of <HI>England</HI> by Patent under the Kings
Great Seal, the King being <HI>in remotis,</HI> or by Commi&s;&s;ion under
the Great Seal to certain Lords repre&s;enting the Kings per&s;on,
and hath been thus in all Ages unto this Se&s;&s;ion of Parliament,
wherein his Maje&s;tie hath been pre&s;&s;ed, and hath pa&s;&s;ed two
Acts of Parliament, one for a Trienniall Parliament, and
another for a perpetuall,<NOTE PLACE="marg">4 E 3. c. 14.</NOTE> if the Hou&s;es plea&s;e, to &s;atisfie their
de&s;ires;<NOTE PLACE="marg">36 E. 3. c. 10.</NOTE> how the&s;e two Acts agree one with another, and with
<PB N="14" REF="9">
Statute in <HI>E.</HI> the thirds time,<NOTE PLACE="marg">21 I<GAP DESC="illegible" REASON="faint" EXTENT="1 letter">c. the Act of Limitation of Actions, cap. 26.</NOTE> where Parliaments are ordained
to be holden every yeer, and what mi&s;chiefs to the people of
this Land &s;uch length of Parliaments will produce by prote|ctions
and priviledges, to free them and their meniall &s;ervants
from all debts during their lives, if they plea&s;e to continue it
&s;o long; and how de&s;tructive to mens actions again&s;t them, by
rea&s;on of the Statute of Limitations, which confines their acti|ons
to certain yeers, and many other inconveniencies or greater
importance, is ea&s;ie to under&s;tand?</P>
<P>How can any man affirm, that the two Hou&s;es do act now
by the Kings Writ which relates to coun&s;ell and Treaty with
the King,<NOTE PLACE="marg">4 pars, In&s;tit. pa. 14.</NOTE> concerning the King, the defence of his Kingdom,
and of the Church of <HI>England,</HI> there are the three points
which it tends to, as appears by the Writ. They keep their
King pri&s;oner at <HI>Holdenby,</HI> and will not &s;uffer him to con&s;ult
and treat with them.<NOTE PLACE="marg">Vow and Co|venant, p. 11.</NOTE> They have made a Vow and Covenant
to a&s;&s;i&s;t the Forces rai&s;ed and continued by both Hou&s;es again&s;t
the Forces rai&s;ed by the King without their con&s;ent; and to
the &s;ame effect have devi&s;ed the Oath which they call the <HI>Ne|gative
Oath:</HI> Is this to defend the Kings Kingdom, or their king|dome?</P>
<P>When by their &s;olemne League and Covenant they extir|pate
Bi&s;hops, Deanes and Chapters root and branch, is
this to defend the Church of <HI>England?</HI> (that Church mu&s;t
nece&s;&s;arily be meant, that was the Church of <HI>England</HI> when
the &s;aid Writ bore te&s;t) they were not &s;ummoned to defend a
Church that was not in being;<NOTE PLACE="marg">3 Pars, Cook. De<GAP DESC="illegible" REASON="faint" EXTENT="1 letter">n and Chapter of Norwich.</NOTE> to de&s;troy and defend the
Church are very contrary things; the Church is not de|fended,
when they take away and &s;ell the Lands of the
Church.</P>
<P>The Gentleman &s;aith, <HI>The King cannot controll other Courts
of Justice, or prevent them from &s;itting or acting, and therefore
not the two Hou&s;es, &amp;c.</HI> It is true, the King cannot controll or
prevent his other Courts, for that they are his ordinarie
Courts or common ju&s;tice, to admini&s;ter common <GAP DESC="illegible" REASON="faint" EXTENT="1 word"> un|to
all men, according to the fixed Laws. The Hou&s;es make
no Court without the King, they are no body Co<GAP DESC="illegible" REASON="missing" EXTENT="1 letter">porate
without the King, nor Parliament without the King, they all
<PB N="15" REF="9">
make one corporate body, one Court called the Parliament, wher|of
the King is the head,<NOTE PLACE="marg">4 Pars, In|&s;tit. p. 1.</NOTE> and the Court is in the Lords hou&s;e, where
the King is pre&s;ent: and as a man is no man without a head, &s;o
the Hou&s;es &s;evered from the King, as now they are, have no power
at all, and they them&s;elves by levying War again&s;t the King, and
impri&s;oning of him, have made the State for not di&s;&s;olving, ad|journing,
or proroging this Parliament of no effect, by the &s;aid
Acts of their owne; they &s;it to no purpo&s;e without his a&s;&s;ent to
their Bills, they will not &s;uffer him to con&s;ult with them, and
treat and rea&s;on with them, whereby we may di&s;cerne what Bills
are fit to pa&s;&s;e, and what not, which in all Ages the Kings of this
Land have enjoyed as their undoubted Rights, and therefore they
&s;it to no purpo&s;e by their owne di&s;obedience and fault.</P>
<P>For the ordinary Courts at <HI>We&s;tmin&s;ter,</HI><NOTE PLACE="marg">27 H. 8. <HI>c. 24, 28.</HI> H. 8 11. Dier.</NOTE> the Iudges in all tho&s;e
Courts are Iudges by the Kings Patent or Writ, otherwi&s;e they
are no Iudges: the Hou&s;es can make no Iudges, they are no Iudges
at all who are made by them; the whole and &s;ole power of mak|ing
Iudges, belongs to the King: the King cannot controle or pre|vent
his own Iudges from &s;itting or acting, but the Hou&s;es he may
for they are not the Kings Iudges, but the Iudges of the two Hou|&s;es.
<NOTE PLACE="marg">2 R, 3. 11.</NOTE> In his other Courts, the King commits his power to his
Iudges by his patent, and they are &s;worne to doe common right to
all men, and the King is &s;worne not to let them from &s;o doing:
the King cannot judge in tho&s;e Courts, nor controule; but the
King is both Iudge and Controller in the Court of Parliament:
<HI>Quoad.</HI> Acts, for his a&s;&s;ent or di&s;&s;ent doth give life or death to all
Bils. Many Lawyers have much to an&s;wer to God, this Kingdom,
and to po&s;terity, for puzling the people of this Land with &s;uch
Fancies, as the Gentl&punc; who wrote the An&s;wer to my Paper, and
others have publi&s;hed in the&s;e Troubles, which hath bin none of
the lea&s;t cau&s;es of the ray&s;ing and continuing of them: And &s;o <HI>I</HI>
have done with the fir&s;t part of his an&s;wer.</P>
</DIV3>
<DIV3 N="2" TYPE="item">
<HEAD>A. D. 2.</HEAD>
<P>For the <HI>Non &s;equitur,</HI> in the &s;econd Section of the Gent&punc; An|&s;wer,
the Antecedent and the Con&s;equent are his own.</P>
<Q><L>Quem recitas meus e&s;t (&ocirc; Fidentine!) libellus:</L>
<L>Sed mal&egrave; dum recitas incipit e&s;&s;e tuus.</L></Q>
<P>My words are, that the King is not vertually in the two hou&s;es
<PB N="16" REF="10">
at <HI>We&s;tmin&s;ter,</HI> to enable them to grant pardons, for that whole
and &s;ole power by the Law belongs to the King. My Paper
hath no &s;uch thing, as that the KINGS power cannot be deri|ved
to others or the vertue of his power:<NOTE PLACE="marg"><HI>27 H.</HI> c. 24.</NOTE> For His power, and
the vertue of His power is in all Patents to his Iudges, in Char|ters
to Corporations, in Commi&s;&s;ions of all &s;orts, and in the Par|liament
a&s;&s;embled by force of his Writ of Summons, &s;o long as
they obey him; but when they renounce that power, and claime
it not from the King, and declare to the Kingdome that hee is not
in condition to governe, and impri&s;on him, and u&s;urpe to them|&s;elves
all Royall Authority, as the two Hou&s;es now doe, no rea&s;o|nable
man can affirme that they act by the power of their Pri&s;o|ner,
who hath no power to give them, that by force of Arms take
all the power to them&s;elves.</P>
<P>The Gentl. &s;aith, the <HI>King grants Commi&s;&s;ions daily of</HI> Oyer <HI>and</HI>
Terminer,<NOTE PLACE="marg">4 E 4, 39.</NOTE> <HI>which hee cannot fru&s;trate nor elude.</HI><NOTE PLACE="marg">5 E. 44.</NOTE> The King may re|voke
and di&s;charge the Commi&s;&s;ion by his Writ,<NOTE PLACE="marg">1 E <GAP DESC="illegible" RESP="tech" EXTENT="1 letter">. Dy<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">r 165.</NOTE> as hee may re|move
all Judges, and place other men in their roome; and many
Kings death determines all the Iudges Parents of <HI>We&s;tmin&s;ter-Hall,</HI>
<NOTE PLACE="marg">1 Mar. Bro<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">ks <HI>ca&s;e 447.</HI></NOTE> Commi&s;&s;ions of <HI>Oyer</HI> and <HI>Terminer, &amp;c.</HI> and &s;o hee might
di&s;&s;olve both Hou&s;es in all times, by his Writ under the Great
Scale, untill that by this Parliament, by his owne conce&s;&s;ion, the
King of his goodne&s;&s;e hath &s;ecluded him&s;elfe; which goodnes hath
bin full ill requi<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">ed.</P>
<P>The Gentl. affirmes, <HI>That the power the Parliament hath, is con|current
from the King and Kingdome;</HI> which he conceives, is pro|ved
by the Grant of Sub&s;idies to the King by the Parliament. The
mi&s;taking of this word <HI>(Parliament)</HI> hath beene mi&s;chievous in
the&s;e times to this Land,<NOTE PLACE="marg">4 Pars, in|&s;tit. <HI>p. 1.</HI></NOTE> and it is affectedly mi&s;taken, which makes
the &s;inne the greater, for the two Hou&s;es are not the Parliament as
before is declared; and at this time &s;o to inculcate it, when all men
know, that of the 120. Peeres of the Kingdom, who were tem|porall
Peeres before the troubles, there are not not above 30. in the
Lords hou&s;e, and in the hou&s;e of Commons about 200. of the prime
Gent. of the Kingdom left the Hou&s;e, and adhered to his Maje&s;ty,
who is impri&s;oned by them, &s;hews no &s;uch candor as to be de&s;ired</P>
<P>It is true,<NOTE PLACE="marg">25 Eliz. 1. <HI>Confirma|tio charta|rum,</HI> cap. 6.</NOTE> that no Tallage can be layd upon the People of this
Land, but by their con&s;ent in Parliament, as appeareth by the
Lawes mentioned in the margent, but you &s;hall finde in Mr. <HI>Sel|dens</HI>
<PB N="17" REF="10">
learned Book,<NOTE PLACE="marg"><HI>24 Eli. 1.</HI> cap. 1. de Tallagio non con|cedendo.</NOTE> called <HI>Mare Clau&s;um,</HI> a number of Pre&s;idents
in <HI>Henry</HI> the thirds time for Ship-money, ju&s;tly condemned this
Parliament, to which his Maje&s;ty a&s;&s;ented; and in truth, that Ship-money
was condemned before, by the &s;aid two Statutes of 25. <HI>E.
1. &amp; 34. E. 1. de Tallagio non concedendo. Dane-gelt, Englitery,</HI>
and many grievous burthens were layd upon the people, and born,
untill that memorable Princes time. But I am of opinion, that the
Common Law of the Land did alwayes re&s;traine Kings from all
Sub&s;idies and Tallages, but by con&s;ent in Parliament; which doth
appeare by <HI>Magna Charta</HI> the la&s;t chap. where the Prelates, Lords,
and Comminalty gave the King the fifteenth part of their move|ables.
In truth it is no manner of con&s;equence, becau&s;e the King
cannot take what he plea&s;eth of the &s;ubjects goods, that therefore
they have a concurrent power in Parliament: there have bin many
Parliaments, and no Sub&s;idies granted, Parliaments may be with|out
Sub&s;idies, but Sub&s;idies cannot be without Parliaments: of
ancient time Parliaments rarely granted any unle&s;&s;e it were in the
time of forraine Wars; and in my time, Q. <HI>E.</HI> refu&s;ed a Sub&s;idie
granted in Parliament, and in the Parliament of 1. <HI>Jac.</HI> none were
granted. The Gent. &s;hould make a con&s;cience of blinding the peo|ple
with &s;uch untrue colours, to the ruine of King and people.</P>
</DIV3>
<DIV3 N="3" TYPE="item">
<HEAD>A. D. 3.</HEAD>
<P>The Gent. affirms, <HI>That the &s;ending Propo&s;itions to the King, and
de&s;iring his concurrence, is &s;carce worth an an&s;wer, for Subjects may
humbly petition for that which is their &s;trict right and property, &amp;c.</HI> The
Propo&s;itions &s;ent to <HI>Newcastle,</HI> are in print; wherein the two
Hou&s;es are &s;o farre from humbly petitioning, that they &s;tile not
them&s;elves his Maje&s;ties Subjects, as appeares by the Propo&s;itions.</P>
<P>That they have a &s;trict right or property to any on of the&s;e Pro|po&s;itions,
is a &s;trange a&s;&s;ertion, every one of them being again&s;t
the Lawes now in force: Have the two Hou&s;es a &s;trict right and
property, to lay upon the people what Taxes they &s;hal judg meet?
To pardon all trea&s;ons, <HI>&amp;c.</HI> that is one of their Propo&s;itions. Have
they a &s;trict right and property to pardon them&s;elves? and &s;o for
all the re&s;t of their Propo&s;itions.</P>
<P>The&s;e Propo&s;itions have been Voted by both Hou&s;es,<NOTE PLACE="marg">12 H. 7. 20</NOTE> the Kings
a&s;&s;ent (they being drawne into Bills) makes them Acts of Parlia|ment:
<NOTE PLACE="marg">1 Iac. c. 1.</NOTE> Hath the King no right to a&s;&s;ent or di&s;-a&s;&s;ent?<NOTE PLACE="marg">1 Car. c. 7.</NOTE> Was the
<PB N="18" REF="11">
&s;ending but a Complement? All our Law-bookes and Statutes
&s;peak otherwi&s;e. This Gentl. and others, mu&s;t give an account one
time or other for &s;uch delu&s;ions put upon the people.</P>
</DIV3>
<DIV3 N="4" TYPE="item">
<HEAD>A. D. 4.</HEAD>
<P>The Gent. &s;aith, <HI>They affirme not, that the Kings power is &s;epara|ted
from his per&s;on, &s;o as the two</HI> Spencers <HI>affirmed, &amp;c.</HI> His Maje|&s;ties
per&s;on is now at <HI>Holnby</HI> under their Guards; have they not
&s;evered his power from him, when by no power they have left
him, he can have two of his Chaplaines, who have not taken their
Covenant to attend him for the exerci&s;e of his Con&s;cience?</P>
<P>For the three Conclu&s;ions of the <HI>Spencers,</HI><NOTE PLACE="marg">15 Ed. 2. <HI>Exilium Hugonis</HI></NOTE> do not the two Hou|&s;es
act every of them? They &s;ay his Maje&s;ty hath broken his tru&s;t,
touching the government of his people: They have rai&s;ed Armies
to take him,<NOTE PLACE="marg"><HI>1 E 3.</HI> c. 2. <HI>Calv.</HI> ca&s;e 7 Pars, Re|ports 11.</NOTE> they have taken him, and impri&s;oned him; they go|vern
them&s;elves; they make Laws, impo&s;e Taxes, make Iudges,
Sheriffes, and take upon them <HI>omnia in&s;ignia &s;ummae pote&s;tatis:</HI> Is
not this to remove the King for mi&s;demeanours, to reforme <HI>per
a&s;pert&egrave;,</HI> to governe in aide of him; the three conclu&s;ions of the
<HI>Spencers?</HI> Doe they think the good people of <HI>England</HI> are becom
&s;tupid, and will not at length &s;ee the&s;e things?</P>
<P>The Gentl. &s;aith,<NOTE PLACE="marg">Plowd. 4. <HI>E. 213.</HI> the Kings power and his per&s;on are indivi|&s;ible.</NOTE> <HI>they doe not &s;eparate his power from his Per&s;on,
but di&s;tingui&s;h it, &amp;c.</HI> His power is in his legall Writs, Courts,
and Officicers: when they counterfeit the Great Seale, and &s;eale
Writs with the &s;ame, make Iudges them&s;elves, Courts and Offi|cers,
by their own Ordinances again&s;t his con&s;ent, declared under
his true Great Seale of <HI>England</HI> (not by word of mouth, letters,
or mini&s;ters onely) their Seale is obeyed, their own Writs, their
own Iudges, their owne Courts, their own Officers, and not the
Kings: The time will come when &s;uch &s;trange actions and di&s;|cour&s;es
will be lamented.</P>
</DIV3>
<DIV3 N="5" TYPE="item">
<HEAD>A. D. 5.</HEAD>
<P>The Gentl. goes on,<NOTE PLACE="marg"><HI>Stanfor.</HI> Pleas. 99. 27. H. 8. c. 24. <HI>Dier. 163.</HI></NOTE> <HI>Wee take not from the King all power of par|doning
Delinquents, we only &s;ay it is not proper to him</HI> quarto modo,
<HI>&amp;c.</HI> What doe you meane by <HI>quarto modo?</HI> I am &s;ure, <HI>Omnis Rex
Angliae, &s;olus Rex &amp; &s;emper Rex</HI> can doe it, and none el&s;e: read
the bookes of the Law to this purpo&s;e collected by that Reverend
and learned Iudge <HI>Stanford,</HI> from all antiquity to his time, who
dyed in the la&s;t yeare of King <HI>Philip</HI> and Queene <HI>Maries</HI> Reigne,
<PB N="19" REF="11">
you &s;hall find this a truth undenyable; and this power was never
que&s;tioned in any age in any book by any untill this time, that eve|ry
thing is put to the que&s;tion: You Gentlemen who profe&s;&s;e the
Law, and maintaine the party again&s;t the King, return at length,
and bring not &s;o much &s;candall upon the Law, (which pre&s;erves
all) by publi&s;hing &s;uch incredible things.</P>
<P>We hold only what the Law holds,<NOTE PLACE="marg">1 Pars. In|&s;tit. p. 44. Plowd. 3. Eliz. 236, 237.</NOTE> the Kings Prerogative and
the Subjects Liberty are determined, and bounded, and mea&s;ured
by the written Law what they are; we do not hold the King to
have any more power, neither doth His Maje&s;ty claime any other
but what the Law gives him; the two Hou&s;es by the Law of this
Land have no colour of power, either to make Delinquents, or
pardon Delinquents, the King contradicting: (and the Army un|der
Sir <HI>Thomas Fairfax</HI> (howbeit but Souldiers) do now under|&s;tand
that to be Law, and doe now evidently &s;ee and a&s;&s;uredly
know, that it is not an Ordinance of the two Hou&s;es, but an act of
Parliament, made by the King, Lords and Commons that will &s;e|cure
them, and let this Army remember their executed fellow
Souldiers) And the Law was alwayes &s;o taken by all men untill
the&s;e troubles, that have begot Mon&s;ters of Opinions.</P>
</DIV3>
<DIV3 N="6" TYPE="item">
<HEAD>A. D. 6.</HEAD>
<P><HI>The Gentl. &s;ayes,</HI> The Parliament hath declared the King to be in
no condition to Governe, &amp;c.</P>
<P>There is no end of your di&s;tinctions, I and you profe&s;s the Law,
&s;hew me Law for your di&s;tinctions, or letter, &s;yllable, or line, in
any age in the Bookes of the Law, that the King may in one time
be in no condition to govern, and yet have the habit of governing,
and another time he may <HI>(viz.)</HI> when the two Hou&s;es will &s;uffer
him: the Law &s;aith thus, <HI>Vbi lex non di&s;tinguit, non est di&s;tinguendum.</HI></P>
<P>Hee &s;ayes, <HI>The King is not barred from returning to His Parlia|ment,</HI>
(as he calls the two Hou&s;es) he knowes the contray, the
whole City knowes the contrary, <HI>No<GAP DESC="illegible" REASON="blotted" EXTENT="1 letter"> juris con&s;ulti &s;umus &s;acerdo|tes,</HI>
(as <HI>Ju&s;tinian</HI> the Emperour hath it, in the fir&s;t Book of his <HI>In|&s;titutions)</HI>
and therefore knowledge and truth &s;hould come from
our lips: Worthy and ingenious men will remember, and reflect
upon that pa&s;&s;age of that good and wi&s;e man <HI>Seneca, Non quaitur,
&s;ed qua eundum;</HI> follow not the rayes of the Lawyers of the Hou&s;e
of Commons. God forgive them, I am &s;ure the King will if they
be wi&s;e and &s;eeke it in time.</P>
</DIV3>
<DIV3 N="7" TYPE="item">
<PB N="20" REF="12">
<HEAD>A D. 7.</HEAD>
<P>The Gentl. &s;ayes, <HI>We &s;weare that the King is our &s;upreame Gover|nor
over all per&s;ons and in all cau&s;es, &amp;c.</HI> Why hath he left out the
word <HI>(only?)</HI> for the oath the Members now take, is, that KING
<HI>Charles</HI> is now the only and &s;upreme Governour in all cau&s;es,<NOTE PLACE="marg"><HI>5 Eliz.</HI> c. 1. <HI>Cawdreys</HI> ca&s;e 5 pars, fol. 1.</NOTE> over
all per&s;ons, and yet they keep their only Supreme Governour now
in pri&s;on, and act now in Parliament by vertue of their Pri&s;oners
Writ, and by a concurrent power in this Parliament, and by their
own &s;trict right and property, (as the <HI>Gentl.</HI> affirmes in his an|&s;wer)
the&s;e things agree well with their Oath,<NOTE PLACE="marg">This Oath is allowed by the Common Law of the Land.</NOTE> that the King is
the only Supreme Governour in all cau&s;es, over all per&s;ons; this
Oath is taken now in the Parliament time, by all the Members of
the Hou&s;e of Commons, and is required by the Law to bee taken
in all Parliaments, otherwi&s;e they have no power, nor colour to
meddle with the publike affaires.</P>
<P>This Oath being taken in Parliament, that <HI>the King is the only
and Supreme Governour in all cau&s;es,</HI> then it followes in Parliament
cau&s;es; <HI>ever all per&s;ons,</HI> then over the two Hou&s;es; let them keep
this Oath, and we &s;hall bee &s;ure of peace in the Land: and good
Lawyers ought to de&s;ire peace, both for the publike good and their
private, and not di&s;honour that Noble profe&s;&s;ion, as many doe in
this mi&s;erable time.</P>
<P>The Gent. &s;ayes, <HI>We do not &s;weare that the King is above all Law,
nor above the &s;afety of his people;</HI> neither doe we &s;o &s;weare, but His
Maje&s;ty and we will &s;weare the contrary, and have &s;worne, and
have made good, and will by Gods grace make good our Oath to
the world, that the King is not above the Law, nor above the &s;afe|ty
of his people, the Law and the &s;afety of his people are his &s;afe|ty,
his honour and his &s;trength.</P>
</DIV3>
<DIV3 N="8" TYPE="item">
<HEAD>A D. 8.</HEAD>
<P>The Gentl. concludes, <HI>That Acts of Parliament are not formally
binding, nor compleat without the Kings a&s;&s;ent, yet the Hou&s;es have a
virtuall power without the Kings particular a&s;&s;ent, to doe things in or|der
to publike Ju&s;tice and &s;afety, (viz.)</HI> In &s;etting up the Exci&s;e, in
rai&s;ing and maintaining of Armies, in taxing the people at plea|with
fifth and twentieth part, fifty Sub&s;idies, Seque&s;trations,
Lo<GAP DESC="illegible" RESP="tech" EXTENT="1 letter">nes, Compo&s;itions, impri&s;oning the King, aboli&s;hing the
<PB N="21" REF="12">
Common-Prayer-Book, &s;elling the Churches Lands, <HI>&amp;c.</HI> all the&s;e
are in order to publike Iu&s;tice and &s;afety.</P>
<P><HI>Mr.</HI> H. P. <HI>you are of my profe&s;&s;ion, I be&s;eech you, for the good
of your Country, for the Honour of our Science, per&s;wade your
&s;elfe and others, as much as in you lyes, to believe and follow the
monition and Councell of that memorable, reverend, and pro|foundly
Learned in the Lawes and Cu&s;toms of the Land, the Lord</HI>
Coke, <HI>who writes as becomes a great and a learned Iudge of the
Law (a per&s;on much magnified by the two Hou&s;es) in the&s;e words:</HI>
Peru&s;e over all Bookes,<NOTE PLACE="marg">3 Pars, In&s;t <HI>p. 36.</HI></NOTE> Records and Hi&s;tories, and you &s;hall finde a
Principle in Law, a Rule in Rea&s;on, and a tryall in Experience, that
Trea&s;on doth ever perduce fatall and finall de&s;truction to the offender,
and never attaines to the de&s;ired end (two incidents in&s;eperable thereun|to)
and therefore let all men abandon it, as the poy&s;onous bait of the de|vill,
and follow the Precept in holy Scripture, SERVE GOD, HO|NO&V;R
THE KING, AND HAVE NO COMPANY
WITH THE SEDITIO&V;S.</P>
</DIV3>
</DIV2>
<DIV2 TYPE="conclusion">
<HEAD>CONCLUSION.</HEAD>
<P><HI>I</HI> Say againe, that without an Act of Oblivion, a Gracious gene|rall
pardon from his Maje&s;ty, the Arreares of the Souldiers
payd, a favourable regard had to tender Con&s;ciences, there will
bee neither Truth nor Peace in this Land, nor any man &s;ecure of
any thing he hath.</P>
<TRAILER>The End.</TRAILER>
</DIV2>
</DIV1>
</BODY>
</TEXT>
</EEBO>
</ETS>
