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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A89100	Captaine Audley Marvin's speech delivered in the upper house to the Lords in Parliament May 24, 1641 concerning the iudicature of the high court of Parliament.; Speech delivered in the Upper House to the Lords in Parliament May 24, 1641	Mervyn, Audley, Sir, d. 1675.	1641 (1641)	Wing M1888; ESTC R42671	9,161	19

usage That twice in the yeare or oftner if need be they should assemble themselves at London to treate in Parliament of the Government of the people of God how they should keepe themselves from sinne should live in quiet and receive right by holy Lawes and Iudgements In the Heptarchy Parliaments had their continuance witnesse the stile of Parliaments in the time of Ina King of the West-saxons Ego Ina Dei gratia c. Congregatione Servorum Dei sollicitus de salute animarum vestrarum statu regni mei constitui rectum coniugium iusta iudicia pro stabilitate confirmatione populi mei benigna sedulitate celebrari nullo Aldermano vel alicui de toto regimine nostro liceat conscripta abolere iudicia so did Offa. King of the Mercians and Ethelbert King of Kent In the raigne of King Athelston his Acts of Parliament are stil'd thus Hac sunt judicia Exoniae quae sapientes consilio Ethelstani Regis instituerunt iterum apud Frefresham tertia vice apud ubi haec definita simul confirmata sunt Here I finde a Parliament summoned Consilio Regis Prorogu'd in those words Iterum tertia vice the Royall assent in the Words Confirmata sunt the dissolution Rex consilio sapientum c. King Etheldred Hoc est Consilium quod Etheldrus Rex omnes sapientes c. King Edmond cals it Convent●●● Sapientum Spit itualium Temporalium The Parliament of King Canutus at Winchester bore this Title Hac sunt statuta Canuti Regis Anglorum Danorum Norvegarum venerandoejus sapientum Consilio ad laudem gloriam Dei sui regulitatem commune commodum habita in sancto natali Domini apud Wintoniam Heere we begin to make Land and descrie a visible Title to a Parliament being in substance and forme neerely allyed unto the Presidents of these very times and though some will contest this word Parliament beares date but from the third yeare Edw. 1. yet me thinkes those words in the ninth yeare of Edw. 2. being the immediate Successor to Edw. the first might convince them viz. Sciatis quod cum dudum temporibus progent●orum nostrorum quondam regum Angliae in diversis Parliamentis suis c. which words Progenitorum had beene improper if that name had commenced in his fathers raigne In one word time out of minde this high Court and its Iudicatore hath flourished before the Conquest in the Conquest notwithstanding that silent leges inter arma and ever since the Conquest untill this present houre Me thinkes I appeare in your Lordships eyes as one drawing his Sword traversing his ground lying upon his guard there being-neyther offence nor opposition to draw him into this distemper Your Lordships may say What neede you waken so many sleepy Records to prove Parliaments have beene who is it of so desperate an opinion that offers it in question Truly my Lords I cannot name Him or Them but whosoever they were that instill'd this jealousie of Aristotle bids us not to dispute ●trum nix sit alba and the like visible and apparant truths but if any Man of an obdurate judgement would haue denied that there was Anima Rationalis then Aristotle must prove there is Homo and Anima Rationalis will bee drawne in by consequence Prove Homo prove a Parliament and Anima Rationalis which is Iudicature will be drawne in by consequence besides I am protected by the Verse Iudicis officium est ut res ita tempora rerum Quaerere Next I must offer unto your Lordships that which the Law hath a tender respect unto even the ends of Parliament Exitus acta probat These I finde thus to be capitulated by Sir Edward Cooke Primò ad subditos a delinquendo declinandos hoc est ut delicta tam bonis cautisque legibus tam debita earundem executione anticiparentur now if debita executio legum can be in Parliament inflicted upon delinquentes subditos without legall proceedings and tryall except they will say nothing and so be prest to death I leave it to be argued amongst children 2. Vt tuta tranquillaque sit vita hominum but certainly the life of man is not preserved by the impunity of offendors which must passe sublata judicatura 3. Vt sixis quibusdam sanctionibus sanctisque judicijs jus unicuique sieret but whether jus implyes not punishing malefactors aswell as relieving the oppressed Crudelitas parcens being more destructive to the Common-weale then Crudetitas puniens I leave it to be argued among children Fleta sayth a Parliament is called Terminare dubitationes judiciorum novis injurijs emersis nova constituere remedia unicuique prout meruerit justitiam retribuere apply this remedie Then our Parliament must have a short cut in triall We must condemne without hearing of any part for why should they heare if they have no power to determine Having thus farre analized a Parliament we must consider its Parentage and then prove our claime to Iudicature by the title of Coheire with the Parliament in England which his Majesties Progenitors have ever graciously confirmed unto us A Parliament then is a structure founded upon the common Lawes of England as is manifest in its proceedings upon many trials according to the course of the Common-Lawes It is the heire apparant to the Common-Law and parent of the Statute Law To make this position passe for touch I will give you the Test of that ancient and learned Author of the booke intituled Mirror de les Iustices in his owne words Hoc cum sit forum in hoc regno planè supremum pars est structurae jurium municipalium nonunquam secundum frequentem illum usitatum in lege communi ordinem processies habet My Lords since with your LOPS patience we are arrived unto this undeniable truth I will now open our title to the Common Lawes of England to the Statute Lawes of England before 10. H. 7. to the lawfull customes of England to the Courts of Iustice in England to the Writs Originall and Iudiciall of England and to the Presidents of England even from the high Court of Parliament unto the petty Constables office The first knowledge the printed Statute give us of Magna Charta is in 9. H. 3. yet we finde it inrolled in the red book of the Exchequer 3. King Iohn King Iohn in the 12. yeare of his raigne went into Ireland and there attended with the advise of grave and learned men in the Lawes whom he carryed with him de land should be governed by the Lawes of England I find in Rotulo Patentum 11. H. 3. thus written Rex c. Baronibus militibus omnibus libere tenentibus salutem Satis ut credimus vestra audivit discretio quod quando bonae memoriae Iohannes quondam Rex Angliae pater noster venit in Hiberniam ipse duxit secum viros discretos legisperitos quorum communi consilio ad instantiam Hibernensium

Captaine Audley Marvin's SPEECH DELIVERED IN THE VPPER HOVSE TO THE LORDS IN PARLIAMENT 24. May 1641. Concerning the Iudicature of the High Court of PARLIAMENT DVBLIN ¶ Printed Anno Dom. 1641. CAPTAINE AVDLEY MARVYN'S SPEECH Delivered in the upper House to the LORDS 24. of May 1641. MY LORDS SUch was the well composed Module and Beauty of those Letters of Royall Grace and Favour which by a select Committee of both Houses were treated upon that to say you may be pleased to remember them were an Injurie especially since the Arguments of those severall Conferences were all sealed up with this wel-warranted opinion that every word in them ought to be writ in letters of gold ingraved in brasse that present and succeeding times might reade them with greedy eyes speaking in their own Dialect the Embleme of a most indulgent Prince the Characters of Iustice and Equitie and the Monumentall Records of unparallel'd goodnesse triumphing in his Majesties brest as in the Spheare of their proper activitie The Letter concerning the validitie of our Parliament and the second concerning the Graces are twins of a Royall birth joyned in conjugall bonds by His Majestie 〈◊〉 without a valid and effectuall Parliament to out Graces is not to call idlers that are piping and dancing in the Market to work in the vineyard but to call the labourers out of the vineyard to pipe and dance in the Market place or if you please almost as ill sutable as a Parliament without Iudicature These two Letters so wedded we have lodged in one sheet I meane included in one instrument which being ready to be presented in its own Dimensions I will not now epitomize In the third and last Letter demanding Presidents from the upper House of the Lords for their Iudicature His Majestie speakes Harmoniously to us though in a different key he is beautifull though his brow be not so smoothly limb'd in it as in the former for certainly it is an eminent policie in a Prince and an evident happinesse to government not to suffer poyson to lodge in his cares especially such a quick spreading and pestilentiall poyson as would eate out the Basis and foundation of Parliaments and putrifie those nerves and Ligatures by which His most Excellent Majestie and We his most loyall Subjects have ever been are and maugre their black and fatall suggestions shall be upostatically united May it please your Majestie Hic niger est hunc tu Romane Caveto My Lords I must in the name of the House of Commons intreate your patience whilst I present unto your Lordships a ruste-drawn Map of the Iurisdiction of this high Court of Parliament I shall imitate a Lands-cape sust shew it you remote and in its primitive times scare discernable whether Land or no Land whether a Parliament or no Parliament then we shall saile neerer untill we come within been befriended in the course of our Navigation by our sailes we shall split on our own Anchor I meane if in the computation of all times we have had a Parliament unquestionable in substance in forme in all necessary adjuncts and now even now when ecclipsed Iustice like the Sun imprisoned under a cloud breaks forth with lustre be concluded in defect of Iudicature I say the stars have had malignant aspects in this our horizon But first my Lords since in the strict words of the Letter the house of the Lords seemes onely interested we may be thought to make an inrode upon your Priviledges and to be pragmaticall without president though not without presumption Truely my Lords Anima est tota in toto tota in qualibet parte Iudicature is the Soule of this great compacted body and injoyes that diffusive property The times were when both Houses sate in one place and had one Speaker and since the power of Iudicature must be founded upon a preparatorie Impeachments and this preparatorie Impeachment must be framed by the Commons house we must justifie our selves not guilty of the title of fooles by the Wiseman to lay a foundation and never consider by what means the structure is to be finished nay excuse our selves from that generall remonstrance of a generall Grievance Extrajudiciall Proceedings Your Lordships are under his Majestie the Chiefe be pleased to admit us Members though the feet the health of these will much advantage the preservation of the whole Compound nay on the contrary the Gout is as mortall and dolorous as the Head-ach Besides my Lords our commenced proceedings against the parties impeached of high Treason though seasoned with much moderation and temper are of ripe age 〈…〉 in long coats which are now suspend-drawne into question the Commons of this Kingdome openly proclayme That to bee excessive vicious is to be secure and that facts of Treason are above the cognisance and Punishment of the Acts of Reason and the Lawes and Statutes of this Kingdome So my Lords it being out of dispute and yet desiring not to be misconstrued that we would make stakes with you in your own and proper Iudicature that we are deeply interested in this Particular I shall returne unto my first Proposition and survay this high Court of Parliament Parliament did I say From what radix Parler le ment the speech of the minde this must be attended with judgement and reason but I thinke we speake with none of these if we cannot maintaine our Iurisdiction This is its Etymologie which is warranted by the best Antiquarie of his time Vetusto nomine è Gallia mutato Parliamentum dicitur This high Court hath not beene confin'd to this individuall appellation but hath beene christned by severall god-fathers Majores nostri Anglo-saxones intitled it Prudentum Conventus Concilium Magnus Conventusr Succeeding Historiographers Commune Concilium Curia Altissima Generale placitum Curia magna Magnatum Conventus Commune totius regni Concilium Prasentia Regis Pralatorum procitumque Collectorum But certainely if they intended these flourishing titles to a Parliament without Iudicature they spoke of their riding to Parliament not sitting in it An unhappy Parliament like the Citie Myndas whose Gates were so wide that the City might runne out of them To allow these to be Synonimas of Parliament and to disallow Iudicature were but Iewish-like to say All ha●le King of the Iewes and in the meane time Grucifie Neyther my Lords are these upstarted Titles or new bought Coates of Armes that this high Court blazons No my Lords they are venerable for their Antiquitie and of most ancient birth and extraction Mulmuccius of some called Donwallo did write two Bookes of the Lawes of the Brittons the one called Statuta Municipalia the other Leges Iudiciariae for so the same doe signifie in the Brittish tongue wherein he wrote the same which is asmuch to say as the Statute Law and Common Law which Bookes were written 441. yeares before the Incarnation of Christ and how should there be Statute Lawes without a Parliament King Alfred ordayned for a perpetuall