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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A61601	The proceedings and tryal in the case of the most Reverend Father in God, William, Lord Archbishop of Canterbury and the Right Reverend Fathers in God, William, Lord Bishop of St. Asaph, Francis, Lord Bishop of Ely, John, Lord Bishop of Chichester, Thomas, Lord Bishop of Bath and Wells, Thomas, Lord Bishop of Peterborough, and Jonathan, Lord Bishop of Bristol, in the Court of Kings-Bench at Westminster in Trinity-term in the fourth year of the reign of King James the Second, Annoque Dom. 1688.	Sancroft, William, 1617-1693.; Lloyd, William, 1627-1717.; Turner, Francis, 1638?-1700.; Lake, John, 1624-1689.; Ken, Thomas, 1637-1711.; White, Thomas, 1628-1698.; Trelawny, Jonathan, Sir, 1650-1721.; England and Wales. Court of King's Bench.	1689 (1689)	Wing S564; ESTC R7827	217,926	148

are Sir Sam. Astrey There is the Clerk of the Records of the Tower Mr. Halstead will read it very well in French or English. Then Mr. Halstead was sworn to interpret the Records into English according to the best of his Skill and Knowledge but not reading very readily a true Copy of the Record in English follows out of the Rolls of Parliament in the 15th Year of King Richard the Second Numero Primo FRiday the Morrow of All Souls which was the first Day of this Parliament holden at Westminster in the fifteenth Year of the Reign of our Lord King Richard the Second after the Conquest the Reverend Father in God the Archbishop of York Primate and Chancellor of England by the King's Commandment being present in Parliament pronounced and declared very nobly and wisely the Cause of the Summons of this Parliament And said First That the King would that holy Church principally and afterwards the Lords Spiritual and Temporal and also the Cities and Burroughs should have and enjoy their Liberties and Franchises as well as they had them and enjoyed them in the Time of his Noble Progenitors Kings of England and also in his own Time. And afterwards said The Summons of this Parliament was principally for three Occasions The first Occasion was To ordain how the Peace and Quiet of the Land which have heretofore been greatly blemished and disturbed as well by Detraction and Maintenance as otherwise might be better holden and kept and the Laws better executed and the King's Commands better obeyed The second Occasion was To ordain●… and see how the Price of Wools which is beyond measure lessened and impaired might be better amended and inhaunced And also That in case the War should begin again at the End of the present Truce to wit at the Assumption of our Lady next coming to ordain and see how and whereby the said War may be maintained at the least Charge of the People And the third Occasion was touching the Statutes of Provisors To ordain and see how our Holy Father might have that which to him belongs and the King that which belongs to him and to his Crown according unto that Render unto Caesar the things that are Caesar ' s and unto God the things which are God's Then the other Record of Richard the Second was read as follows out of the Rolls of Parliament the fifteenth Year of King Richard the Second No 8 Be it remembred touching the Statute of Provisors That the Commons for the great Confidence which they have in the Person of our Lord the King and in his most excellent Knowledge and in the great Tenderness which he hath for his Crown and the Rights thereof and also in the noble and high Discretions of the Lords have assented in full Parliament that our said Lord the King by Advice and Assent of the said Lords may make such Sufferance touching the said Statute as shall seem to him reasonable and profitable until the next Parliament so as the said Statute be not repealed in no Article thereof And that all those who have any Benefices by force of the said Statute before this present Parliament and also That all those to whom any Aid Tranquility or Advantage is accrued by virtue of the said Statute of the Benefices of Holy Church of which they were heretofore in Possession as well by Presentation or Collation of our Lord the King as of the Ordinaries or Religious Persons whatsoever or by any other manner or way whatsoever may freely have and enjoy them and peaceably continue their Possession thereof without being ousted thereof or any ways challenged hindred molested disquieted or grieved hereafter by any Provisors or others against the Form and Effect of the Statute aforesaid by reason of the said Sufferance in any time to come And moreover That the said Commons may disagree at the next Parliament to this Sufferance and fully resort to the said Statute if it shall seem good to them to do it With Protestation That this Assent which is a Novelty and has not been done before this time be not drawn into Example or Consequence for Time to come And they prayed our Lord the King that the Protestation might be entred of Record in the Roll of the Parliament And the King granted and commanded to do it Mr. S. Levinz Now my Lord we will go on This was in Richard the Second's Time And a Power is given by the Commons to the King with the Assent of the Lords to dispense but only to the next Parliament with a Power reserved to the Commons and to disagree to it and retract that Consent of theirs the next Parliament Sir Geo. Treby The Statute of Provisors was and is a Penal Law and concerning Ecclesiastical Matters too viz. The Collating and Presenting to Archbishopricks Bishopricks Benefices and Dignities of the Church And in this Record now read the Parliament give the King a limited Power and for a short Time to dispense with that Statute But to obviate all Pretence of such a Power 's being inherent in the Crown as a Prerogative they declare 1. That it was a Novelty that is as much as to say That the King had no such Power before 2. That it should not be drawn into Example that is to say That he should have no such Power for the future Mr. S. Levinz Now we will go on to the Records mentioned in the Petition those in the last King's Time in 1662 and 1672 and that in this King's Time in 1685. Where is the Journal of the House of Lords Mr. Walker sworn L. C. I. Is that the Book of the House of Lords Mr. Walker It is the Journal of the House of Lords L. C. I. Is it kept by you Mr. Walker Yes my Lord. L. C. I. Where is it kept Mr. Walker In the usual place here in Westminster Mr. Soll. Gen. What is that Mr. S. Levinz It is the Journal of the House of Lords But my Lord there is one thing that is mentioned in the last Record that is read which is worth your Lordship's and the Jury's Observation That it is declared a Novelty and a Protestation that it should not be drawn into Precedent for the future L. C. I. That has been observed Brother Let us hear your Record read Clerk read Die Mercurii 18 o die Februarii 1662. His Majesty was present this Day sitting in the Regal Crown and Robes the Peers being likewise in their Robes The King gave Order to the Gentleman Usher of the Black Rod to signifie to the House of Commons his Pleasure that they presently come up and attend His Majesty with their Speaker who being present His Majesty made this Speech following My Lords and Gentlemen I Am very glad to meet you here again having thought the Time long since we parted and often wished you had been together to help me in some Occasions which have fallen out I need not repeat them unto you you have all had

that these Gentlemen have spent all this time to no purpose Lord Ch. Iust. Yes Mr. Attorney I 'le tell you what they offer which it will lie upon you to give an Answer to They would have you shew how this has disturbed the Government or diminished the Kings Authority Mr. Att. Gen. Whether a Libel be true or not as to the matter of Fact was it ever yet in any Court of Justice permitted to be made a question whether it be a Libel or not Or whether the Party be punishable for it And therefore I wonder to hear these Gentlemen to say that because it is not a false one therefore 't is not a Libel Suppose a Man should speak scandalous Matter of any Noble Lord here or of any of my Lords the Bishops and a Scandalum Magnatum be brought for it though that which is spoken has been true yet it has been the Opinion of the Courts of Law that the Party cannot justifie it by reason it tends to the disturbing of the Peace to publish any thing that is matter of Scandal The only thing that is to be lookt into is whether there be any thing in this Paper that is Reflecting and Scandalous and not whether it be true or no for if any Man shall Extra-Iudicially and out of a Legal Course and way reflect upon any of the great Officers of the Kingdom nay if it be but upon any Inferior Magistrate he is to be punished and is not to make his Complaint against them unless he do it in a proper way A Man may Petition a Judge but if any Man in that Petition shall come and tell the Judge Sir you have given an Illegal Judgment against me and I cannot in Honour Prudence or Conscience obey it I do not doubt nor will any Man but that he that should so say would be laid by the Heels though the Judgment perhaps might be illegal If a Man shall come to Petition the King as we all know the Council Doors are thronged with Petitioners every day and Access to the King by Petition is open to every body the most Inferior Person is allowed to Petition the King but because he may do so may he therefore suggest what he pleases in his Petition shall he come and tell the King to his Face what he does is Illegal I only speak this because they say in this Case his Majesty gave them leave to come to him to deliver their Petition but the King did not understand the Nature of their Petition I suppose when he said he gave them leave to come to him My Lord for this Matter we have Authority enough in our Books particularly there is the Case of Wrenham in my Lord Hobart the Lord Chancellor had made a Decree against him and he Petitioned the King that the Cause might be re-heard and in that Petition he Complains of Injustice done him by my Lord Chancellor and he put into his Petition many reflecting things this my Lord was punished as a Libel in the Star Chamber and in that Book it was said that though it be lawful for the Subject to Petition the King against any Proceedings by the Judges yet it must not be done with Reflections nor with Words that turn to the Accusation or Scandal of any of the Kings Magistrates or Officers and the Justice of the Decree is not to be questioned in the Case for there Wrenham in his Defence would have opened the particulars wherein he thought the Decree was unjust but that the Court would not meddle with nor would allow him to justifie for such Illegality in the Decree so in this Case you are not to draw in question the truth or falsehood of the Matter complained against for you must take the way the Law has prescribed and prosecute your Right in a Legal Course and not by Scandal and Libelling My Lord there is a great deal of difference between not doing a thing that is Commanded if one be of Opinion that it is unlawful and coming to the King with a Petition highly reflecting upon the Government and with Scandalous Expressions telling him Sir you Act illegally you require of us that which is against Prudence Honour or Conscience as my Lords the Bishops are pleased to do in this Petition of theirs I appeal to any Lord here that if any Man should give him such Language either by Word of Mouth or Petition whether he would bear it without seeking satisfaction and reparation by the Law My Lord there is no greater proof of the Influence of this Matter than the Croud of this day and the Ha●…angue that hath been made is it not apparent that the taking this Liberty to Canvas and dispute the Kings Power and Authority and to Censure ●…s Actions possess the People with strange Opinions and raises Discontents and Jealousies as if the free Course of Law were restrained and Arbitrary Will and Pleasure set up instead of it My Lord there is one thing that appears upon the Face of the Information which shews this not to be the right Course and if my Lords the Bishops had given themselves the opportunity of reading the Declaration seriously they would have found in the end of the Declaration that the Ring was resolved to call a Parliament in November might not my Lords the Bishops have acquiesced under their passive Obedience till the Parliament met But nothing would serve them but this and this must be done out of Parliament for which there is no President can be shewn and this must be done in such a manner as your Lordship sees the Consequence of by your Trouble of this Day There is one thing I forgot to speak to they tell us that it is laid Malicious and Seditious and there is no Malice or Sedition found we know very well that that follows the Fact those things arise by Construction of Law out of the Fact. If the thing be illegal the Law says it is Seditious a Man shall not come and say he meant no harm in it That was the Case of Williams in his treasonable Book says he I only intended to warn the King of the Danger approaching and concludes his Book with God save the King but no Man will say that a good Preface at the beginning or a good Prayer at the end should excuse Treason of Sedition in the Body of a Book if I meet another Man in the Street and kill him though I never saw him in my Life the Indictment is that it was ex Malitia Praecogitata as it often happens that a Person kills one he never had acquaintance with before and in favorem vitae if the Nature of the Fact be so the Jury are permitted to find according to the Nature of the Case but in strictness of Law there is Malice implyed But my Lord I think these Matters are so Common and that is a Point that has been so often setled that the form of the Indictment and Information must

the Court when they came here to day Certainly they were not for no man is in contempt but he that being served with Process disobeys that Process and if my Lords the Bishops had been served with a Subpoena and had not appeared then there would have gone out a Capias to bring them in and so they would have come in upon a Contempt and then they would have come within the Rule Mr. Soll. Gen. If you have a mind to it you may ask Sir Samuel Astry again Mr. Att. Gen. If they come in upon Bail they ought to plead presently Mr. I. Allybone Mr. Finch I 'le tell you what sticks with me truly you could not but be aware that this would be required of you for this very thing was in debate last Term and you know what Rules the Officer said was the Course of the Court why did you not therefore come prepared with some Presidents to shew us what the course of the Court is Mr. Att. Gen. Truly my Lord at this rate we shall keep your Lordship here all this Afternoon if these Gentlemen will not be satisfyed with the Rule of the Court and for an Answer to what Mr. Justice Powel says if any Ryotb●… committed in the Countrey and the Parties are bound by Recognizance to appear here that is no process of this Court and so consequently there can be no contempt and yet they must Plead presently Mr. I. Powell There is a particular reason for that because they are bound by Recognizance Sir Samuel Astry and others say that if they come in by Recognizance they must plead presently Mr. Soll. Gen. But for the thing it self that the people that hear us may not imagine that this Court puts a hardship upon my Lords the Bishops more than is done in other Cases it is best to keep the same Rule as is in all other Cases for when all is done when Justice goes with an Equal Current without any regard to one person or other then every body is safe and all persons concerned do their duty so in this case here be no Presidents produced wherein it has been otherwise then can no person complain but that things go in this Case as they do in all other Cases perhaps such a Case as to the Fact of it never hapned before but for the Law of it that is plain and the same as in all other Cases for that there may be an Information against my Lords the Bishops as well as other people If they make Libels sure it is no doubt at all and if an Information lies against them for it they are under the same Rules as others are but these Gentlemen talk of being surprized and that this is the first time they have heard of this Information but have we told any news in this Information Was not all that is contained in it notoriously enough known before Was not the Kings first Declaration very well known Was not his second Declaration very well known Was not his Order of Councel for the Reading of the Declaration very well known Is not your own Petition a thing very well known to yourselves and all the world Then these being the particular Facts of which this Information is made up and we only say you did do this Fact and we ask you did you do it or did you not Can there be any great surprize in this My Lord I cannot see any thing that alters this from the common Case but only their being Peers and since this question has been heretofore under contest these Gentlemen have had time enough to have prepared Precedents to differ this from the common Rule if they could but since they cannot we desire they may have the same Rule that is in all other Cases and then to be sure all will go right L. C. I. Sir Samuel Astry pray will you tell us whether ever the Court used to grant an Imparlance where a person comes in in Custody or did you ever know when a person comes in upon a Commitment time was given him to Plead Mr. Ser. Pemberton Have you ever known it disputed and denyed Sir S. Astry My Lord I have known that 't is in the discretion of the Court to grant what time they please L. C. I. Is it the course of the Court to give an Imparlance Sir S. Astry No 't is the favour of the Court and if the Defendants have at any time shewed a reasonable Cause that they have special Matter to plead or any other cause allowed by the Court the Court has sometimes Indulged them so far as to give them time L. C. I. But how is the ordinary course Sir Samuel Astry Mr. I. Allybone Ay for as I said before things done in particular Cases in favour are not Precedents Sir S. Astry I have told your Lordship the Course is this that any person that appears upon a Recognizance or is taken up by your Lordships Warrant or by a Warrant from a Justice of Peace or any other way in Custody or any Officer of the Court that is a Priviledged person and that must appear in propria personâ must plead presently if the Court upon particular Reasons do not give him time and this I received Information of as the practice of the Court from Mr. Waterhouse who had been a Clerk in the Office sixty years Mr. Soll. Gen. He said so before but these Gentlemen will never be contented unless they have a new Law made for them Mr. Pollixfen My Lord I would not unnecessarily trouble your Lordship but truly this is a case of great Concern And first of all I think we shall all agree that what has been used for ten or twelve years past will not make the Course of the Court and next I perceive they do not bring any one Instance for any proceeding of this sort above ten or twelve years old but then say they on the other side Why do not you bring Presidents that it has gone otherwise hretofore My Lord that cannot be done for it is a Negative on our side that this which they desire is not the Course of the Court but then as it is impossible to prove a Negative so the Proofs should come on the other side that this has been done they ought to shew it if there has been any such thing as a standing Rule or else it shall be presumed an Innovation as being contrary to all Reason But My Lord because they put it upon us there is this Proof on our side as much as a Negative can afford In those proceedings that were in the great Case of the Habeas Corpus there was an Information against Elliot and others they had time given them to Plead over and over so that there is one Precedent And as many as these Cases in former times as can be found will show that this was always the Course but pray say they produce us one Instance that ever there was a man that came in upon a

my Lord the Bishops are not bound to Plead instantly so that 't is not a Question Whether they ought to Answer or not to Answer but whether they ought to Answer immediately and what do they say more They would have an Imparlance and time to consult with their Councel what they shall Plead which is all but one and the same thing and what is the reason they give for this They induce it thus These Noble Persons are Peers of the Realm and so ought not to be compelled to Plead immediately this if I mistake not is the sum of their Plea. Now pray my Lord what sort of Plea is this It is not a Plea to the Jurisdiction of the Court tho' it do in a sort decline the Justice of the Court Is it a Plea in Abatement No it is not for it is only to gain time and do they now offer any thing more for themselves than what was said by their Council before Only That we are Peers of the Realm and that such is the Priviledge of Peers that they ought to have an Imparlance and time to Plead and that they ought not to answer presently My Lord this Matter hath been long agitated in the Court already your Lordship and the Court have given your Judgments and we know your Lordship and the Court will not admit of Tricks to delay the Kings Causes we all know the Term is a short Term and what I said in the beginning upon this matter I say again it is the Interest and for the Honour of my Lords the Bishops if they understand their own Interest and value their Honour to have this Cause tryed as soon as may be but this trifling and tricking is only for delay For what issue can be taken upon this Plea Certainly none And if we should Demurr what will be the end of that But only to get time to slip over the Term. If there were any thing worth the considering in this Plea and that had not been already debated and setled then it might concern us to give some Answer to it but we have spent three hours by my Watch in the Dispute and the Matter having been over-ruled already it is time to have an end of it sure the Court will never be so treated by these Persons that are of Councel for my Lords the Bishops for it cannot be thought that my Lords the Bishops do it of themselves and whether the Court will be so served we submit to your Lordship Certainly you will not receive such a Plea as this especially it being in Paper you will never countenance such a Practice so far as to give these Lords time to trifle with the Court if any such thing as a Plea be tender'd to the Court it ought to be in Parchment and if they would have an Imparlance there ought to have been an entry of a Petit Licentiam inter loquendi upon the Roll but not such a Plea as this for this in effect is no more then desiring an Imparlance which if it be granted of course upon such a Prayer entred upon the Roll you take it of course but if it be not of course you cannot come in by way of Plea it must be by suggestion upon the Roll and a Conceditur entred if this be admitted as a Precedent every Man hereafter that comes in upon an Information will take advantage of it and plead such a Plea as this and if you grant an Imparlance in this Case upon this Plea you must grant an Imparlance in every Case certainly the Law is not to be altered the Methods of Proceedings ought to be the same in every Case And I hope you will not make a particular Rule in the Case of my Lords the Bishops without a special Reason for it Mr. Serj. Pemb. We put in this Plea my Lord and are ready to abide by it and we say that according to the course of the Court it ought to be received Mr. Att. Gen. No but good Mr. Serjeant 't is in the discretion of the Court whether they will receive it or not for the matter has been in debate already and has receiv'd a determination the Court has over-ruled them in this very Point already and there is no more in this Plea than was in the Argument before and therefore it ought to be rejected as a frivolous Plea. Mr. Soll. Gen. Here is a Plea offered in Writing and in Paper the Court sees what it is and I hope you will give no countenance to it Mr. Pollixfen I do hope my Lord you will not judge this as a frivolous Plea I think our Case is such that you will not do that if you think fit you may over-rule it but I hope you will not refuse it Mr. Soll. Gen. The Court will certainly reject a frivolous Plea and they may do it Mr. Pollixfen But Mr. Solliciter I hope the Court will consider of it whether it be a frivolous Plea or not it is true there has been a Debate about the course of the Court and there has been an Examination of the Clerk of the Office and the Court has gone upon his Certificate but yet still perhaps it may remain in doubt and it being a Question of such a consequence as this it may very well deserve the Court's Consideration there never was a Judicial Settlement of it that I know of yet nor do I know any way of having it satisfactorily setled but by the Judgment of the Court entred upon Record here we offer a Plea that contains the matter in debate and this Plea will appear upon Record and if upon consideration of the Plea your Lordship shall think fit to over-rule it and be of Opinion against the Plea then will you by your Resolution in a Judicial way settle the Question that has hitherto been in Controversy L. C. I. Mr. Pollixfen I would ask you whether the Council have dealt ingeniously with the Court or no in this matter after four hours debate and the Opinion of the Court delivered to come and sum up all the Arguments in such a Plea as this and so put us upon debating it over again Mr. Pollixfen My Lord certainly this has been done before without Offence after we had moved for a thing which was denied upon Motion it is no such great dis-respect to the Court with submission to put the same Matter into a Plea for the Judicial Opinion of the Court. Sir Ro. Sawyer That without all Question has been done a great many times Mr. Sol. Gen. How many times have you been accused of playing Tricks Sir Robert Sawyer Sir Rob. Sawyer Not so many as you Mr. Sollicitor Mr. Sol. Gen. I don't ask it as if I questioned it for I assure you I don't doubt it of your part at all L. C. I. Pray Gentlemen don't fall out with one another at the Bar we have had time enough spent already Mr. Pollixfen Truly My Lord I would not trick with the Court in any

follow the Nature of the Fact that I need not insist upon it if the Act be unlawful the Law supplies the Malice and evil Intentions Mr. Solicit Gen. My Lord and Gentlemen of the Jury I am of Counsel in this Case for the King and I shall take leave to proceed in this Method First I shall put the Case of my Lords the Bishops and then consider the Arguments that have been used in their Defence and answer them as much as is material to be answered and then leave it to your Lordship and the Juries Consideration whether what has been said by these Gentlemen weigh any thing in this Case First my Lord I take it for granted and I think the Matter is pretty plain by this time by my Lord Presidents Evidence and their own Confession that it is not to be disputed but that this Paper was presented by these Lords to the King I think there is no great difficulty in that Matter at all but I just touch upon it because I would follow them in their own Method Then my Lord let us take this Case as it is upon the Nature of the Petition and the Evidence that they have given and then let us see whether that will justifie the thing that is done For the business of Petitioning I would distinguish and enquire Whether my Lords the Bishops out of Parliament can present any Petition to the King I do agree that in Parliament the Lords and Commons may make Addresses to the King and signifie their Desires and make known their Grievances there and there is no doubt but that is a natural and proper way of Application For in the beginning of the Parliament there are Receivers of Petitions appointed and upon Debates there are Committees appointed to draw up Petitions and Addresses but to come and deduce an Argument that because the Lords in Parliament have done thus there being such Methods of Proceedings usual in Parliaments therefore my Lords the Bishops may do it out of Parliament that is certainly a Non sequitur no such Conclusion can be drawn from those Premises My Lord I shall endeavour to lay the Fact before you as it really is and then Consider what is proper for the Court to take notice of as Legal Proof or Evidence And I take it all those Presidents that they have produced of what the Lords did and what the Commons did in Parliament is no Warrant for them to shelter themselves under against the Information here in Question Here Mr. Iust. Powel spake aside to the Lord Chief Iustice thus Mr. Iust. Powel My Lord this is strange Doctrine shall not the Subject have Liberty to Petition the King but in Parliament If that be Law the Subject is in a miserable Case Ld. Ch. Iust. Brother let him go on we will hear him out tho' I approve not of his Position Mr. Solicit General The Lords may Address to the King in Parliament and the Commons may do it but therefore that the Bishops may do it out of Parliament does not follow I heard nothing said that could have given Colour to such a thing but the Curse that has been read in 1 Elizabeth But pray my Lord let us consider that Evidence they have given they have begun with that Record in Richard the Seconds time and what is that That the King may dispe●…se with the Statute of Provisors till the meeting of the next Parliament and a Protestation of the Commons at the end of it whether that be an Act of Parliament that is Declaratory of the Common Law or Introductory of a new Law Non Constat and for ought appears it might be a Declaratory Act And if so it is a Proof of the Kings Prerogative of Dispensing It might be an Act in Affirmance of the Kings Prerogative as there are a great many such we very well know and generally most of the Laws in that kind are in Affirmance of the Kings power so that the Law turns as an Argument for the King Prerogative and they have given him that which will turn upon themselves so it stood in Richard the Seconds time but whether that be an Argument one way or other Conclusive is lest to your Lordship and the Jury Ay but say they there is no Execution of such a Power till very lately and the first Instance that they produce is that in the Year 1662. But your Lordship knows that before the R●…ign of Henry the Fourth there was great Jurisdiction assumed by the Lords in Original Causes then comes the Statute of Appeals 1 Hen. 4. which takes notice that before that time the Lords had assumed an Original Jurisdiction in all Causes and would proceed and determine them in Parliament and out of Parliament and it fell out to be so great a Grievance that it was thought necessary to make a Law against it that Appeals in Parliament should be abolished and destroyed and then comes that Law in favour of the Subject of England and that settles the bounds between the King and the Lords in a great measure before that time the Lords were grown very powerful and where there is a Power there always will be Applications and what is the effect of that Statute 1 Hen. 4. for all that we endeavour is to make things as plain can be that no further Applications no Accusations no Proceedings in any Case whatsoever be before the Lords in Parliament unless it be by Impeachment of the Commons so that there is the Salvo and the use that I make of it is this The Commons by that very Statute did abolish the Power that the Lords had arrogated to themselves and Ordered that they should not meddle with any Cause but upon the Impeachment of the House of Commons and establish the Impeachment of the Commons which is as ancient as the Parliament for that was never yet spoken against the Power of the Commons Impeaching any Person under the degree of the Prince and that is the regular legal way and so the Commons asserted their Ancient Right and whatsoever the Lords took notice of must come by Application of the Commons then Conferences were to pass between the Houses and both Houses by Address apply to the King this is the proper way and course of Parliament of which thy Lord Cook says It is known to few and practised by fewer but it is a Venareble Honourable way and this is the Course that should have been taken by my Lords here and they should have stayed till the Complaint had come from the Commons in Parliament and then it had been Regular for them to Address to the King but they were too Quick too Nimble And whereas the Statute of Hen. 4. says That no Lord whatsoever shall intermeddle with any Cause but by the Impeachment of the Commons they interpose and give their advice before their time if there be any Irregularity in Parliament or out of Parliament the Commons are to make their Complaint of it