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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A69269 The speech of the Lord Chancellor of England, in the Eschequer Chamber, touching the post-nati Egerton, Thomas, Sir, 1540?-1617. 1609 (1609) STC 7540.5; ESTC S100270 40,281 132

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where power and might of some potent persons oppressed iustice and faithfull Iudges for expounding the Law soundly and truely The first that I will remember is this In the Parliament 28. H. 6. 16. Ianuarij the Commons made suite That W. de la Poole Duke of Suffolke should bee committed to prison for many treasons and other hainous crimes committed by him The Lordes in Parliament were in doubt what answer to giue they demaunded the opinion of the Iudges Their opinion was That hee ought not to bee committed And their reason was for that the Commons did not charge him with anie particular offence but with generall slaunders and reports And therefore because the Specialties were not shewed hee was not to bee committed This opinion was allowed And thereupon 28. Ianuarij the Commons exhibited certaine speciall Articles against him viz. That hee conspired with the French King to inuade the Realme c. And thereupon hee was committed to the Tower 2 In the Parliament Anno 31. H. 6. in the vacation the Parliament being continued by prorogation Thomas Thorpe the Speaker was condemned in a thousand pounds dammages in an action of Trespasse brought against him by the Duke of Yorke and was committed to prison in Execution for the same After when the Parliament was re-assembled the Commons made suite to the King and the Lords to haue Thorpe the Speaker deliuered for the good exploite of the Parliament whereupon the Duke of Yorkes Counsell declared the whole Case at large The Lords demaunded the opinion of the Iudges whether in that Case Thorpe ought to bee deliuered out of prison by Priuiledge of Parliament The Iudges made this aunswere That they ought not to determine the Priuiledge of that high Court of Parliament But for the declaration of proceeding in lower Coutts in cases where Writtes of Supersedeas for the priuiledge of the Parliament be brought vnto them They aunswered That if any person that is a Member of the Parliament bee arrested in such cases as bee not for treason or felonie or for suretie of Peace or condemnation had before the Parliament it is vsed that such persons be released and may make Atturney so as they may haue their freedome and libertie freely to intend the Parliament Hereupon it was concluded That Thorpe should still remaine in prison according to the Lawe Notwithstanding the priuiledge of Parliament and that hee was the ●peaker Which resolution was declared to the Commons by Walter Moyle one of the Kings Serieants at Lawe And then the Commons were commaunded in the Kings name by the Bishop of Lincolne in the absence of the Archbishop of Canterbury then Chauncellor to choose another Speaker 3 In the Parliament An. 7. H. 8. a Question was moued Whether spirituall persons might bee conuented before temporall Iudges for criminall causes There sir Iohn Fineux and the other Iudges deliuered their opinion that they might and ought to bee so And their opinion was allowed and maintained by the King and the Lords And D. Standish who before had houlden the same opinion was deliuered from the Bishops And it is worth the noting what wordes passed in that Case betweene the Archbishop of Canterbury and that worthy Iudge Fineux 4 If a Writ of Errour bee brought in Parliament vpon a Iudgement giuen in the Kings Bench the Lords of the higher House alone without the Commons are to examine the Errours But that is by the aduise and Counsell of the Iudges who are to informe them what the Lawe is and so to direct them in their iudgement And if the iudgement bee reuersed then commaundement is to bee giuen to the Lord Chancellour to doe Execution accordingly And so it was in Anno 17. R. 2. in a Writte of Errour brought in Parliament by the Deane and Chapiter of Lichfield against the Prior and Couent of New-port-Panell as appeareth by the Record But if the iudgement bee affirmed then the Court of the Kings Bench are to proceede to execution of the Iudgement as it appeareth in Flowerdewes Case P. 1. H. 7. fol. 19. But it is to bee noted that in all such Writtes of Errour the Lords are to proceede according to the Lawe and for their iudgement therein they are informed and guided by the Iudges and doe not follow their owne opinions or discretions otherwise This extrauagant Discourse touching Proclamations and Iudges opinions deliuered in Parliament and how they ought to bee regarded I haue thought materiall and necessarie both in respect of the time wherein wee liue and the Matter which we haue in hand And these bee thinges which I thinke haue beene too lightly passed ouer But if you condemne it as impertinent I must then confesse I haue presumed too much vpon your patience I pray you beare with mee it is but my labour lost and a little time mis-spent if it seeme so vnto you You are wont to pardon greater faultes Call it either a Passe-time or Waste-time as pleaseth you Now to returne to the Case we haue in hand The generall Question hauing had this passage by Proclamation by Commission and by debating in Parliament remaineth yet without cōclusion or iudgement And as euerie man abounds in his owne sence so euery one is left to his owne opinion Specially those that were not satisfied with the graue Resolution of the Iudges in Parliament which although some may tearme and accompt as bare opinions I must alwayes valew and esteeme as a reall and absolute iudgement Now I say this generall Question is reduced to two particular Cases and is iudicially depending in two the highest Courts of Iustice in this Realme and that is by one Complainant against seuerall Defendants for the freehoulde and inheritance of seuerall parcells of Land and as M. Solicitor said well is a Case not fained nor surmised but a true Case betweene true parties And being Quaestio iuris non facti is by both these Courts adiourned hither to bee decided and determined by all the Iudges of England as the rarenesse of the Case and the weight and importaunce of it both for the present and the future doth require And the Case being of this nature and qualitie it is not amisse to obserue the proceeding in it for it is woorth the obseruing and not to bee forgotten The Defendants counsell men of great learning and in their profession inferiour to none of their qualitie and degree men conuersant and well exercised in the Question and such as in the great conference in parliament most of them were specially selected chosē for so they wel deserued as most sufficient able and fit as well for Learning and Knowledge as for all other giftes of Witte and Nature to handle so great and rare a Question And although it hath pleased them of their good discretion to vse the paines but of a few in the debating and arguing of the Case at the Barre yet no doubt that was done vpon mature deliberation and conference with all the residue