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cause_n	court_n	justice_n	law_n	3,065	5	4.7299	4	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A91243	A plea for the Lords: or, A short, yet full and necessary vindication of the judiciary and legislative power of the House of Peeres, and the hereditary just right of the lords and barons of this realme, to sit, vote and judge in the high Court of Parliament. Against the late seditious anti-Parliamentary printed petitions, libells and pamphlets of Anabaptists, Levellers, agitators, Lilburne, Overton, and their dangerous confederates, who endeavour the utter subversion both of parliaments, King and peers, to set up an arbitrary polarchy and anarchy of their own new-modelling. / By William Prynne Esquire, a well-wisher to both Houses of Parliament, and the republike; now exceedingly shaken and indangered in their very foundations.	Prynne, William, 1600-1669.	1648 (1648)	Wing P4032; Thomason E430_8; ESTC R204735	72,921	83

E. 3. nu 22. 23 E. 3. nu 7. to 17. The sole question men will be Whether the House of Peers have any lawfull power of Judicature in or ●ver the causes and Persons of the Commoners of England in matter civill or criminall so farre as to judge their Causes or censure fine imprison or condemne their persons in any case without the Commons This the ignorant sottish sectaries Levellers seduced by their blinde guides Lilburne and Overton peremptorily deny without the least shadow of truth or reason the contrary whereof I shall infallibly make good to their perpetuall shame and refutation First our Histories Law-books and Records agree that in ancient times our Earls who were called Comites or Counts from the word County had the chief Government and Rule of most of the Counties of this Realmne under the King and that they and the Barons were the proper Judges of the common peoples Causes in the Tournes county-County-Courts County Barons even by vertue of their Dignities and Offices as our Sheriffes have now in which Courts they did instruct the people in the Lawes of the Land and administer Justice to them in all ordinary and criminall causes For proof whereof you may peruse at leasure M. Seldens Titles of Honour Part 2. c. 5. Sect. 5. Sir Edw. Cookes Institutes on Magna Charta c. 35. His 4. Institutes c. 53 Spelmanni Glossarium Tit. Comites M. Lamberts Archaion Hornes Mirrour of Justices c. 1. Sect. 2 3. If then they were Judges of the Commons and People in the Country by reason of their Honours Dignities even in ancientest times in ordinary Causes there was great right and reason too they should be so their Judges also in all their extraordinary causes as well criminall as civill Secondly The Lords Peers and great Officers of State in respect of their education learning and experience in all proceedings of Justice and State affaires are better able and more fit to be Judges of Parl then ordinary Citizens and Burgesses for the most part especially if chosen out of the Cities and Burroughes themselves for which they serve as anciently they were and still ought to be by the Statutes of 1 H. † 7 R. 2. Parl. 2. n. 19 20. 17 R. 2. n. 17. 5. c. 1. 32 H. 6. c. 15. and the very purport of the writs for their election at the very day de qualibet Civitare Com. predict DVOS CIVES de quolibet Burg● DVOS BVRGENSES imports who have better knowledge and skill in Marchandice their severall Trades then in matters of Judicature Law or State Therefore the Right of Judicature was thought meet even by the Commons themselves to be lodged vested in the House of Peeres who are the 〈◊〉 and fittest of the two rather then in the Commons House as I shall prove anon Thirdly since the division of the Houses one from another which is very ancient and not certainly known when first made the House of Peers hath been ever furnished with the ablest Temporall and Spirituall persons for their Assistants in judgment and advice to wit all the Judges ſ See Modus tenendi Parliamentum Vowell Cowell Crompton Sir Thomas Smith Coke and others 17 E. 3. n. 23. 21 E. 3. n. 7. 7. R. 2. n. 30 31. 9 R. 2 n. 13. 2 R. 2. part 2. n. 27. 31 H. 6. n. 26 27 28. 28 H. 6. n. 6. of the Realm Barons of the Ex●hequer of the Coyse the Kings learned Councell the Masters of the Chancery that are Courtiers or Lawyers the Master of the Rolls the Principall Secretaries of State and other eminent persons for parts and learning and the Procuratores Cleri all which are called by Writ to assist and give their attendance in the upper House of Parliament where they have no voices and are to give their counsel and advice only to the Lords when they require their assistance For proof whereof you may consult the Statutes of 31 H. 8. c. 10 Register 261. Fitz. Nat Bre 229. a. b. M. Seldens Titles of Honor p. 2. c. 5. Sir Edw. Cokes 4. Instit p. 4 5 6 44 45 46. and the Parl Rolls and Authorities there cited by them seconded by our present experience Now the House of Peers being thus assisted with the advice of all the Iudges of England the Kings learned Councell and other ablest to advise them in all Civill or Ecclesiasticall matters were and are in this regard thought fittest by our Ancestors and the Commons themselves in Parl 1 H. 4. n. 79 who have no such assistants to have the principall and sole power of Judicature in all or most civill or criminall causes between Commoner and Commoner that proper for the Parliaments Iudicature by way of relief redresse or censure Fourthly there can be no judgement given in any of the Kings Courts S●e The Preeholders Grand Inquest p. 2 5. but when the King is personally or representatively present sitting upon the Tribunall and where the proceedings are CORAM REGE But the King sits personally and representatively present in the House of Peers not in the House of Cōmons where nothing is said to be done Coram Rege And therefore in the end of most ancient Parl Rolls we find the Title Placita Corona CORAM DOMINO REGE IN PARLIAMENTO SVO c. Therefore the House of Peers only not the Commons are the true and proper judicatory whence the King the supream Judge sits usually in Person Fiftly there can be no legall triall or Judgement given in Parl without examination of witnesses upon oath as in all other Courts of justice But the House of Peers alone have power to give and examine witnesses upon * 7 R. 2. par 2● n. 16. Oath and the whole House of Commons no such power but to take Informations without Oath which they nor their Committees cannot administer unlesse by Order and Commission from the Lords Therefore the power of judicature in Parl is inherent only in the House of Poers and not in the Commons House Sixtly it is a rule both of Law and common Justice * Littleton sect 212. Coke ibid. 4 E. 3 7. 2 H. 6. 10. 14 H. 4. 8. 2 R. 2. 29. 5 H. 7. 8. Bur. Challeng 23 42 71 that no man be an informer prosecutor and judge too of the persons prosecuted and informed against it being against all grounds of justice But the Cōmons in all ancient and in this present Parl have been informers and prosecutors in nature of a t Cokes 4. Instit p. 24. Grand Inquest to which some compare them summoned from all parts of the Kingdom to present publick grievances and Delinquents to the King and Peers for their redresse witness their many impeachments accusations and complaints sent up and prosecuted by them in * 50 E. 3. n. 5. to 37. 21 R. 2. n. 14 15 16. 28 H. 6. n. 14 to 52 31 H. 6. n. 45 64. 38 H. 6. n. 38. former parl

right to award Judgement in these cases without the King or them then which a fuller and clearer proofe cannot be desired In the self-same Parliament 1. R. ● num 41 42 43. Dame Alice Piers was brought before THE LORDS and charged by Sir Richard le Scrope with sundry misdemeanors which she denied hereupon divers Witnesses were examined against her Whereupon JVDGEMENT WAS GIVEN BY THE LORDS AGAINST HER that she should be banished and forfeit all her lands goods and tenements whatsoevèr To this Judgement neither King nor Commons were parties but the Lords only To these I might adde the cases of c See the doom of 〈◊〉 and treachery 〈◊〉 14 15. where the record is transcribed Sir William de Eleuham Sir Thomas Trivet Sir Henry de Ferriers and Sir William Farnden Knights and Robert Fitz Ralph Esquire Rot. Parl. 7. R. 2. num 24. sentenced and condemned by judgement of the Lords in Parliament pronounced by the Chancellour for selling the Castle of Burbugh with the armes and amm●nition in it to the Kings enemies without the Kings license 21. R. 2. Parl. Rot. Plac. Coronae num 27. where Sir Robert Pleasington is adjudged a Traytor after his death by the King by ●SSENT OF THE LORDS and num 15. 16. Sir Thomas Mortimers case num 17. Sir John Cobhams case * 31. H. 6. n. 45. 64. 65. ● 3. n. 16. to ●8 and num 28. Henry Bonoits case condemned in like manner of treason by the Lords with hundreds of Presidents more I shall only cite three more at large which are punctuall In the Parliament of 8. R. 2. n. 12. Walter Sybell of London was arrested and brought into the Parliament before the Lords at the suit of Robert de Veer Earl of Oxford for slandering him to the Duke of Lancaster and other Nobles for maintenance Walter denied not but that he said that certain there named recovered against him the said Walter and that by maintenance of the said Earl as he thought The Earl there present protested himself to be innocent and put himself upon the triall Walter thereupon was committed to Prison by the Lords and the next day he submitted himself and desired the Lords to be a mean for him saying he could not accuse him whereupon THE LORDS CONVICTED and FINED HIM FIVE HVNDRED MARKS TO THE SAID EARL for the which and for his fine and ransome he was committed to prison BY THE LORDS A direct case in point In the second Parliament in 7. R. 2. num 13. to 19. Iohn Cavendish a Fishmonger of London accused Michael de la Pool Knight Lord Cha●cellour of England first before the Commons and afterward before the Lords for bribery and injustice and that he entere●●●nto a Bond of x. l. to Iohn Ottard a Clerk to the said Chancellour which he was to give for his good successe in the businesse in part of payment w●●●eof he br●ught Herring and Sturgeon to Ottard and ye was delayed a●d could have no justice at the Chancellours h●nds and upon hearing he cause and examining wi●● o●fes upon Oath before THE LORDS the Chancellour was cleared The Chancellour thereupon required reparation for so great a slander the Lords being then troubled with other weighty matters let the Fish-monger to Bail and referred the matter to be ordered by the Judges who upon hearing the whole matter condemned Cavendish in three thousand marks for his slanderous complaint against the said Chancellour and adjudged him to prison till he had paid the same to the Chancellour and made fine and ransome to the King also which the Lords confirmed In the Parliament of 15. R. 2. nu 21. Iohn Stradwell of Begsteed in the County of Sussex was committed to the fleet by JVDGEMENT OF THE LORDS there to remain during the Kings pleasure for that he informed the Parliament that the Archbishop of Canterbury had excommunicated him and his neighbours wrongfully for a temporall cause appertaining to the Crown and Common Law wh●ch was ADIVDGED BY THE LORDS upon examination and hearing to BE VNTRVE These three eminent Presidents to which many more might be added of the Lords fining and imprisoning meere Commons only for slandering Peeres of Parliament even by false accusations against them in Parliament by way of complaint will ●●stify the Lords proceedings against Lilburn and Ov●rton for their professed Libells both against their Persons and Jurisdictions too To proceed to latter times in Parliaments of 18. and 21. Jacobi and 3. Car. not only the Lord * Cook 4. Instit p. 23. Chancellour Bacon and the Earl of Middlesex Lord Treasurer upon complaint of the Commons were censured and judged by the Lords alone but likewise Sir Giles Mompesson Sir Iohn Michell and Dr Manwering all Commoners JUDICIALLY SENTENCED Doctor Pocklinton and Doctor Bray even for erroneous Books and Sermons were sentenced this Parliament by the Lords alone since these Master Clement Walker Esquire was imprisoned in the Tower and fined by the Lords for some words pretended to be spoken against the Lord Say and within these few moneths on● Morrice and foure or five more of his confederates were censured fined and impr●soned by the Lords alone for forging an Act of Parliament upon Sir Adam Littletons complaint with all the Commons privity or consents and above one hundred Commoner more have been imprisoned by them or fined this very Session of Parliament for breach of Priviledge contempts or misdemeanours by the Lords alone without the Commons yet no demurrer nor exceptions were taken by them or the Commons to their Iurisdiction who applauded this their Justice in some of these cases From all these cleare confessions of the Commons themselves in Parliament and punctuall presidents in print in former late Parliaments and in this now sitting it is undeniable That the King and Lords joyntly and the Lords severally without the King have an indubitable right of Judicature without the Common● vested in them not only of Peers themselves but likewise of C●mmoners in all extraordinary cases of Treason Felony Trespasse and other Misdemeanors triable only in Parliament which hath been constantly acknowledged practised and submitted to without dispute much more then have they such a just and rightfull power in case of breach of their owne priviledges of d Cooke 4 Instit p. 15. which none are or can be Judges but themselves alone And to deny them such a power is to make the Highest Court of Iudicature in the Realme inferiour to the Kings Bench and all other Courts of Justice who have power to judge and try the persons and causes of Commoners and to commit and fine them for contempts and breaches of Priviledges as our e See Brooke and Ashes Tables Tit. Contempts Fines pur Contempt Imprisonment Law bookes resolve and every mans experience can testifie The Lords right of Judicature being thus fully evicted against the false and ignorant pretences of illiterate Sectaries altogether unacquainted with our Histories and Records of Parliament

this to the Lords not only against Peers but Commoners of which there are hundreds of presidents this very Parl Therefore the House of Lords hath the proper right of judicatory vested in them not the Commons who are rather informers prosecutors and Grand-Jury men to inform and impeach then Judges to hear censure or determine Seventhly those who are proper Judges in any Court of justice whiles the cause is judging sit in their * 25 E. 3. c. 2. 20 R 2. c. 3. 6 R. 2. c. 5. 14 H. 6. c. 3. ● R. 2. c. 3. 2 R. 2. c. 10. Robes covered on the bench not stand bare at the bar swear examine the witnesses in the cause not produce them or manage the evidence when the cause is fully heard argue and debate the businesse between themselves and give the definitive sentence But in cases that are to be tried judged in Parl the Lords only sit covered and in their Robes upon the Bench but the Comons stand bare at the Bar the Lords only swear and examine the witnesses and judge of their testimony the Commons only u Coke 4. Instit p. 24. produce the witnesses or presse and manage the evidence and when the businesse is fully heard the Lords only debate the businesse among themselves and give the finall Sentence and Judgment without the Cōmons and that both in cases of Comoners and Peers Therefore the Lords or house of Peers are sole Judges in Parl not the Cōmons And that they are and alwaies have been so de facto unlesse by way of Bil of Attainder or in such extraordinary cases when their concurrence hath been desired I shall prove by most clear and infallible evidence To pretermit the * Mr. Seldens Titles of Honor part 7. c. 5 p. 632 633 705 706. judgment of the Earls Barons in Parl in the case of Earl Goodwin for the murther of Alfred in K. Edw. Conf. reign before the Conquest and the judgment of the Barons the Lords in Parl against Tho Becket Arch-b of Can. in K. Hen. 2. raign cited by M. Selden of which you may chuse the same with the punctuall authority of Andr. Horne in his Mirror of Justices c. 1. § 2. forecited First in Pleas of the Crown and other Common Pleas plainly ●●able in Parl as well between Cōmoners as Peers the Pleas have been exhibited heard and judgement given upon them by the King and Lords joyntly or the King alone by which the Lords assent or by the Lords themselves without the Cōmons as is evident by the Parli Rolls and Pleas in Parl in K. Ed. 1. 2. 3. 4. Ric. 2. Hen. 4. 5. 6. where there are hundreds of instances to confirm it some of them printed in Sir Edw. Cokes 3 Instit c. 1 2. and M. St Johns Argument in Law upon the Bill of Attainder against the Earl of Strafford Secondly in all * 18 E. 1. rot Parl. t. 4 E. 3. n. 13. 21 E. 3. n. 65. 28 E. 3. n. 11 12. 50 E. 3. n. 48. 1 R. 2. n. 28 29 104. 2 R. 2. n. 36 37 31 32 33. Parl. 2. n. 21 to 27. 3 R. 2. n. 19 20 21. 7 R. 2. Parl. 2. n. 23 24. 8 R. 2. n. 14 15. 13 R. 2. n. 15 16. 15 R. 2. 22 23. 17 R. 2. n. 13 14 15 19. 18 R. 2. n. 11 10 16. 21 R. 2. n. 25 55 to 66. 1 H. 4. n. 91. 2 H. 4 n. 47 48. 5 H. 4. n. 40. 6 H. 4. n. 31 61 62. 3 H. 5. n. 19. 10 H. 6. n. 51. Writs of Error brought in Parl by Peers or Cōmoners to reverse any erroneous judgements touching their reall or personall Estates lives or attainders The KING LORDS ONLY ARE JUDGES and the proceedings upon such Writs are ONLY BEFORE THE LORDS IN THE UPPER House secundum Legem co●suetudinem Parliamenti So Sr Ed. Coke in direct terms in his 4. Instit p. 21 22 23. where he produceth divers presidents of such writs of Error out of the Parl Rolls and present experience manifests as much in all the the writs of Error brought this Parl adjudged and determined by the King and Lords alone without the privity of interposition of the Cōmons A truth so clear that Lilburne himself in his Argument against the Lords Jurisidiction confesseth it and the Parl Rolls quoted in the Margine with sundry others resolve past all dispute If then the Lords be the sole Judges in all writs of Error concerning the goods estates free-holds inheritances lives and attainders of the Commoners of England notwithstanding the statute of Magna Charta c. 29. No Free-man shall be taken or imprisoned or disseised of his Free-holder Liberties of Free-customes nor outlawed nor exiled neither will we passe upon him nor condemn him but by THE LAWFUL IUDGMENT OF HIS PEERS c. the grand and principall objection against their Iudicature then by the self-same reason they are and may lawfully proceed against them in all other civill or criminall causes especially breaches of ther own priviledges of which themselves are the sole and only Iudges the cases of Lilburne and Overton properly triable in Parliament Thirdly in all Petitions and complaints against Cōmoners for redresse of grievances the King and Lords are the sole and proper Tuns and Judges not the Cōmoners as appears by all the Parl Rolls in former times wherein we find in the beginning of every Parl some Assistants of the Lords house appointed by them to be receivers of the Petitions of England Ireland Wales Scotland others appointed receivers of the Petitions of Gascoyne other parts beyond the Seas and the Isles of Jersy and Gernsey c. And some Lords appointed tryers of those Petitions who had power given them to call the L d Chancellor Treasurer Steward Chamberlain the Judges Kings Serjeants and others to their assistance prescribing also by what day the Petitions should all be exhibited and the place where they should be examined All particular persons usually presenting all their grievances and petitions immediately to the King Lords without any addresse to the Cōmons by Petitions as now of late there being no Petitions of record in the Parl Rolls addressed immediately and originally to the Commons that I can find And towards the end of the Parl Rolls there is this Title usually The Petitions of the Cōmoners containing all Petitions of the Cōmons house for redresse of publick or particular injuries and grievances presented to the King in the Lords house and answered by the King alone with the consent of the Prelats Counts Barons with which answers the Commons rested satisfied whether granted or denied as ofttimes they were Of which you may read somthing in Sr E. Cokes 4. Instit p. 16. more in the Records themselves Fourthly in all criminal causes in Parl by way of accusation impeachment or indictment the King Lords were the proper Judges as is evident by Placita Coronae coram

Earle of Richmond adhered to the French against his Allegiance This Paradox therefore of his is against all Statutes Law-Books and Presidents whatsoever and Magna Charta it selfe There is onely one objection more of moment remaining Object 3. which is this If the House of Peers may without the Commons fine and imprison Commoners then if their fine and imprisonment be unjust and illegall they shall bee remedilesse there being no superiour Courr to appeale unto which will bee an intollerable slavery and grievance not to bee indured among free-borne people I answer Answ first that no injustice shall or ought to be presumed in the highest Court of Iustice till it bee apparantly manifested Secondly If any such censure be given the party as in Chancery upon just grounds shewed may Petition the House of Peers for a reveiw and new-hearing of the cause which they in justice neither will nor can deny and if they doe then the party grieved may petition the House ef Commons to interceed in his behal●e to the Peers for a rehearing but to discharge or free any Commoner judicially censured by the Lords I have hitherto met with no President in former Parliaments nor power in the House of Commons to doe it who cannot reverse Euro●ous judgements in any inferiour Courts by writ of Errour but the Lords alone much lesse then the judgements of the Higher House of Peers which is par●mount them Though I conceive the House of Peers being the Superiour Authority and onely Iudicatory in Parliament may relieve or release any Commoners unjustly imprisoned or censured by the Commons house or any of their Committees and ought in justice to doe it or else there will be the same mischiefe or a greater in admitting the House of Commons to bee judges of Commoners if there bee no appeale from them to the Lords in case their sentences bee illegall or unjust Thirdly This mischiefe is but rare Cook 4. instit p. 21 22. 4. ● 3. n. 14. Brook and C●nmptons jurisdiction and all Statutes for repealing former Parliaments Acts Iudgements or Attaindors and you may object the same against a sentence given or Law made in Parliament by the King and both Houses because there is no appeale from it or redresse of it but onely in the next Parliament that shall be summoned by petition And there is a greater greevance in ill publique Acts which concerne many then in ●● judgements which concerne but one or two particular persons which yet cannot be repealed but by another Parliament as the Errours and decrees of one generall Counsell cannot bee rectified or reversed but by and till another Generall Counsell meets to doe it The same mischiefe was and is in Errous Iudgements and Decrees given in the Kings Bench Chancery and illegall commitments there for which there is no reliefe out of Parliament but towait till a Parliament be called Finally Hee that suffers by and under an unjust censure will have the comfort of a good Conscience to support him till he bee relieved and therefore he e Luk. ●1 19. 1 Pet 3. 14. He. ●0 32 33 34. must possesse his soule with Patience and rejoyce under his crosse and not raile murmur and play the Bedlam as Lilburne and his Companions Overton Larner and other Sectaries doe against our f ● Pet. 2. 15. to 21 c. 4. ●6 I●●● 53. Saviours owne precept and example then God in his due season will g Psal 3● 37. 46. relieve right them in a legall way whereas their impatience raving and libellous railing Pamphlets and Petitions not savouring of a Christian meek and humble spirit will but create them new troubles expose them unto just and heavy censures and rob them both of the comfort and glory of all their former suffrings against Law and Right Having answered these Objections I shall now earnestly desire all Lilburnes and Overtons seduced Disciples whether Members or others seriously to weigh and consider the premises that so they may see how grossely they have been deluded abused and misled by these two Ignes fatui or New-lights of the Law and Circumscribers of the Lords and Parliaments Iurisdictions which God knowes they no more know nor understand then Balams Asse as the premises demonstrate and I shall seriously adjure them if they have any grace shame or remainder of ingenuity left in them ingeniously to recant and publiquely to retract all their seditiou● rayling Libels and Scurrilous Invectives against the Lords undoubted Priviledges Iurisdiction and Iudicature which I have here unanswerably made good by undeniable Testimonies Histories Records and the grounds of policy and right reason which they are unable to gaine say to undeceive the many ignorant over-credulous poore soules they have corrupted and misled to the publique destrubance of our Kingdomes Peace Isay 9. 16. and let all their followers consider well of our Saviours caution Mat. 15. 14. If the blinde lead the blinde as these blinde-guides doe you both of them shall fall into the ditch and there perish together O consider therefore what I have here written to undeceive your judgements and reforme your practise consider that Dominion Principality Regality Magistracy and Nobility are founded in the very Law of Nature and Gods owne institution who subjected not onely all beasts and living creatures to the soveraigne Lordship of man to whom hee gave Dominion over them Gen. 1. 28 29. c. 9. 2 3 5. by vertue whereof men enjoy farre greater Priviledges then beasts but likewise one man unto another as i Gen. 3. 16. Exod. 20. 12. Ephes 5. 22. to 30. c. 6. 1. to 10. Rom. 13. 1 2 3. Tit. 3. 1. Col. 3. 20 22. 1 Pet. ● 13 14 18 c. 3. 15. Heb. 13. 17. Iosh 1. 16 17 18. Matth. 8 9. children to their Parents Wives to their Husbands Servants to their Masters Subjects to their Kings Princes Magistrates Souldiers to their Captaines Mariners to their Ship-Masters Schollers to their Tutors People to their Ministers which order if denied or disturbed will bring absolute and speedy confusion in all Families Corporations States Kingdomes Armies Garrisons Schooles Churches and dissolve all humane Societies which subsist by order and subordination onely to one another and seeing Monarchy Royalty Principality Nobility yea Titles of Honour and Nobility as Kings Princes Dukes Lords c. are as ancient almost as the world it selfe universally received approved among all Nations whatsoever under heaven See M●st●r Seldens Titles of honour Dr. Hu●●●●es and others of Nob●l●ty Catane●s C●ologus gloriae mundi and honoured with speciall Priviledges as not only all k● eminent Authours and experience manitest but these ensuing Scripture Texts Gen. 12. 15. c. 14. 1. to 10. c. 17. 6. 16. c. 20. 2. c. 21 22 23. c. 25. 16. c. 26. 1. 8. 26. c. 36. 15 16 17 18 29 30 31 to ●3 c. 9. 1 2. c. 41. 40 to 47. c. 47. 2● 26. Exod. 1. 8. Numb 20. 14 c. c 21 1 1● 21 33. c. 22. 7 10 14 15 40. c. 23. 17. c. 7. 2 3 10. c. 16. 2. c. 27. 2. c. 32. 2. Dent. 17. 14 15 16. Iosh 1. 16 17 18. c. 5. 1. c. 8. 9 10 11 12. Iudg. 9. 6 18. 1 Sam. 8. 5 6. 2 sam 11. 2. 1 Kin. 4. 34. c. 10 15 28 29. c. 20. 16. c. 23. 22. Iob. 3. 14. c. 36. 7. Psal 2. 2. 10. Ps 62. 12 14 29. Ps 72. 10. Ps 102. 15. Ps 136. 17 18. Ps 138. 4. Prov. 8. 15 16. Prov. 30. 31. Eccles 10 16 17. Iudg. 3. 5. c. 16. 8 1 Sam. 5. 11. c. 29. 2 6 7. Dan. 4. 36. c. 5. 9 10 23. c. 6. 27. Mat. 8. 9 Mar. 6. 21. c. 10. 42. 1 Cor. 8. 5. Rom. 61. 1 2 3 4. 1 Tim. 2. 1 2. Tit. 3. 1 2. 1 Pet. 2. 13 14 15. Acts 9. 27. which I wish our Sectaries Lovellers and Lilburnists to consider and study with the others forecited it will be a meer desperate folly and madnesse in any man to prove Antipodes to this instituiion of God Nature Nations to run quite contrary to all meu and to levell the head neck shoulders to the feet the tallect Cedars to the lowest Shru●s the roofe of every building to the foundation stones the Su●ne Moone Starres Heavens to the very Earth and center and even men themselves to the meanest beasts I shall therefore conclude with Saint Pauls serious admonition which these refractory persons have quite forgotten Rom. 13. 1 2 3. Let every soul be subject to the higher Power for there is no po●er but of God the powers that be are ordained of God whosoever therfore resisteth much more oppugneth abolisheth the Power resisteth oppugneth abolisheth THE ORDINANCE OF GOD and t●ey that resist oppugne or endeavour to abolish these powers shall receive to themselves DAMNATION for Rulers are not a terrour to good workes but to the evill and wherefore YE MVST NEEDS BE SVBIECT NOT ONLY FOR WRATH but also FOR CONSCIENCE SAKE And for this cause pay you tribute also for they are Gods Ministers attending continually on this very thing Render therefore to all such higher Powers their dues tribute to whom ribute custome to whom custome feare to whom feare HONOVR to whom HONOVR IS DUE which Saint Peter likewise seconds almost in the selfe-same words which you may doe well to peruse and study 1 Pet. 2. 12. to 20. and then you will never dare to question or dispute any more the Power Iudicatory Priviledges of the Right Honourable House of Peers much lesse to Revile and Libell against their persons as now you doe to the infinite Scandall of your Schismaticall faction and Religion it selfe which you professe onely in shew but deny in deed and practise FINIS

said Sommons be he Archbishop Bishop Abbot Prior DUKE LORD BARON Baronet Knight of the Shire Citizen of City Burgesse of Burgh or other singular person or Commonalty do absent himselfe or come not at the said Summons except he may reasonably or honestly excuse himself to our Soveraigne Lord THE KING HE SHALL BE AMERCED and OTHERWAYES PVNISHED ACCORDING AS OF OLD TIME HATH BEEN USED TO BE DONE within the said Realme in the SAID CASE Which relates unto and agrees expresly with that forecited out of Modus tenendi Parliamentum If then all the Judges and Peares in Parliament are bound to attend the Parliament not to depart without the Kings and Houses leave under paine of Amercement and other punishment as this Statute resolves and 3. Ed. 3. 19. Fit 2. C●ron 161. Stamford l 3. c. 1. f. 153. Cooke Instit p. 15. 16. 17. 43 18. E. 3. Mo. 1. 2 8. and 31. H. 6. n. 46. What fine were imposed on absent Lords manifest then questionlesse they ought of right to sit in Parliament else it were the height of Injustice thus to fine them In the tenth yeare of King ● * Graf●o●● Cron. p. ● 〈◊〉 350. 2. this King absented himselfe from his Parliament then sitting at Westminster residing at Eltham about forty dayes and refusing to come to the Parliament and yet demanding from them foure fifteenes for maintenance of his Estate and outward Wars Whereupon the whole body of the Parliament made this answer THAT VNLESSE THE KING WERE PRESENT THEY WOULD MAKE THEREIN NO ALLOWANCE Soone after they sent the Duke of Gloucester and Bishop of Ely Commissioners to the King to Eltham who declared to him among other things in the Lords and Commons behalfe how that by AN OLD ORDINANCE THEY HAVE AN ACT if the King absent himselfe 40. dayes not being sicke but of his owne minde not heeding the charge of his people nor their great paines and will not resort to the Parliament they may then lawfully returne to their Houses And now sir said they you have beene absent a longer time and yet refuse to come amongst us which is greatly to our discontent To which the King answered Well we doe consider that our owne people and Commons goe about to rise against vs wherefore we thinke wee can doe no better then to aske ayd of our Cosen the French King and rather to submit us to him then unto our owne subjects The Lords answered Sir that Counsell is not best but a way rather to bring you into danger c. By whose good perswasions the King was appeased and Promised to come to the Parliament and condiscend to their Petitions and according to his appointment he came and so the Parliament proceeded which else had dissolved by the Lords departure thence in discontent and the Kings wilfull absence Andrew Horne in his Mirrour of Justices in the raigne of King Edward the first writes That our Saxon Kings divided the Realme into 38 Counties over which they set so many Counts or Earles and though the King ought to have no Peers in his land but PARLIAMENTS all Writs and Plaints of the Moneys of the King Queene and their Children and of those especially who otherwise could not have common right of their wrongs These Companions are now called Counts after the latine word Comites For to the Estates of the Realme King Alfred assembled the COVNTS or Earles and ordained by a Perpetuall Law that twice a yeare or oftner they should assemble at London in Parliament to consult of the Government of the people of God Fleta l. 2. c. 2. p. 66. writes thus in the same Kings raigne Habet enim Rex curiam suam in concilio suo in Parliamentis suis PRAESENTIBUS Praelatis COMITIBUS BARONIBUS PROCERIBUS alijs viris peritis vbi terminatae sunt dubitationes judiciorum moris injuriis eversis nova constituuntur remedia And l. 17. c. 17. he writes thus Rex in populo regendo superiores habet Vidilicet legem perfactus est Rex Curiam suam to wit of Parliament videlicet COMITES BARONES Comites enim a Comitia dicuntur qui cum viderint Regem sine froeno Froenum sibi apponere TENENTVR ne clament sabditi Domine Jesu Christe in Chamo froeno maxillas eorum constringe Sir Thomas Smith in his Common-wealth of England * Bracton l. 2. c. 〈◊〉 l. 3. c 9. 〈◊〉 the like in the same words in Henry the 3. his reigne l. 2. c. 1. John Vowel and Ralph Hollinshed vol. 1. c. 6. p. 173. Mr. Cambden in his Britania p. 177. John Minshew in his Dictionary vuell in his Interpreter Title Parliament Powell in his Attornyes Academy and others unanimously conclude That the Parliament consisteth of the KING the LORDS SPIRITVALL and TEMPORALL and the Commons which STATES represent the body of all England which make but one assembly or Court called the Parliament and is of all other the Highest and greatest Authority and hath the most high and absolute power of the Realme And that no Parliament is or can be holden without the King and Lords Mr. Crompton in his Jurisdiction of Courts affirmes particularly of the High Court of Parliament f. 1. c. This Court is the highest Court of England in which the King himself fits in person and comes there at the beginning and end of the Parliament and AT ANY OTHER TIME WHEN HE PLEASETH ORDERING THE PARLIAMENT To this Court come ALL THE LORDS OF PARLIAMENT as well spirituall a● temporall and are severally summoned by the Kings writ at a certaine day and place assigned The Chancellour of England and other great officers or Judges are there likewise present together with the Knights Citizens and Burgesses who all ought to be personally present or else to be amerced and otherwise punished if they come not being summoned unlesse good cause be shewed or in case they depart without the Houses or Kings speciall license after their appearance before the Sessions ended And he resolves that the King Lords and Commons doe all joyntly make up the Parliament and that no Law nor Act of Parliament can be made to binde the subject without all their concurrent assents Sir Edward Cooke not onely in his Epistle before his ninth Report and Institutes on Littleton p. 109. 110. But likewise in his 4. Institutes published by Order of this present Parliament c. 1. p. 1. 2 c writes thus of the high Honorable Court of Parliament This Court consisteth OF THE KINGS MAJESTIE sitting there as in his royall politick capacity and of the three Estates of the Realme viz. Of the Lords Spirituall Archbishops and Bishops being in number 24. who sit there in respect of their Counties or Barronies parcell of their Bishopricks which they hold also in their politick capacity and every one of these when the Parliament is to be holden ought exdebito Justitiae to have a writ of summons The LORDS TEMPORALL Dukes Marquesses Earles

Commons An attendent on Sir Tho. Brooke chosen one of the Knights to serve in Parliament for the County of Somerset being grievously beaten by one Iohn Savage was upon a petition of the Commons relieved against this breach of Priviledge by * Ordinance or Act of Parliament 8. H. 4. 23. 14. made by consent of the King and Lords which is printed in 5. H. 4. c. 6. And in like maner Richard Strode Burgesse of Plimton was relieved against breaches of his priviledges as a Parliament man by a speciall act of Parliament assented unto by the King and Lords upon the Commons petition An. 4. H. 8. c. 6. the Commons alone being then unable to relieve them or punish these breaches by their owne authority as of late they presume to doe without King or Lords Quo Jure having not the power of Judicature vested in them I am yet to learne being contrary to the practice and presidents of all ancient Parliaments before our present age and the Statute of 11. H. 6. c. 11. provided for this very purpose which presents another remedy out of Parliament and not in only the Commons house In the Parliament of 16. R. 2. n. 6. The Wednesday after the Parliament began Sir Philip Courtenay returned by the Sheriffe of Devon for one of the Knights for that County came before the King in full Parliament and sayd that he understood how certaine people had accused and slandered him to the King and Lords as well by Bill as by mouth of heinous matters and therefore prayed TO BE DISCHARGED OF THE SAID IMPLOYMENT untill the said accusations and complaints were tried and found true or not true and because his said prayer seemed honest TO THE KING and THE LORDS THE KING GRANTED HIM HIS REQUEST and DISCHARGED HIM IN FULL PARLIAMENT AND the Monday following at the instance and prayer of the COMMONS the KING GRANTED THAT HE SHOULD BE RESTORED and REMITTED TO HIS PLACE according to the returne of the said Sheriffe for to counsell and doe that which belonged unto his office and after because he had been good and treatable with those who had complained upon him and condescended to a good treaty he was restored in full Parliament to his good same The charge against him is expressed in the same Parliament rol num 13. 14. where two Petitions preferred against him to THE KING and LORDS IN PARLIAMENT for putting Thomas Peutyngdon forcibly out of possession of the Manor of Bygelog● without just cause Richard Somestre out of other lands detaining them from them he being so powerfull in the County that no poore man durst to sue him Which Petitions were referred by consent in Parliament to certaine Arbitrators to determine From which record it is evident First that Members of the Commons house may be complained and petitioned against for misdeameanours and put to answer before the King and Lords in Parliament and there fined and judged not before the Commons house and that this was the antient way of proceeding Secondly that the Commons cannot suspend or discharge any of their fellow-Commoners or Knights from sitting in Parliament but only the King and Lords in full Parliament in whom the power of Judicature rests much lesse then can they expell or eject any of their members by their owne authority without the Kings and Lords concurrence and consents Thirdly that the power of restoring and readmitting a suspended Member of the Commons house belongs not to the Commons themselves but to the King and Lords to whom the Commons themselves in this case addressed themselves by petitinn for Courtneys readmission unto his office after his submission of the complaints against him to the arbitriment of those Members to whom the King and Lords referred the same In the Parliament of 17. R. 2. n. 23. It was accorded by the King and Lords at the request of the Commons that Roger Swinerton who was endited of the death of one of their companions John de Ipstones Knight of the said Parliament for the County of Stafford slain in coming towards the said Parliament by the said Roger should not be delivered out of prison wherein he was detained for this cause by bail mainprise or any other manner untill he had made answer thereunto and should be delivered by the Law the Commons alone by their own power having no authority to make such an order even for the murther of one of their own Members without the King and Lords who made this order at their request In the Parliament of 35. Eliz. when Sir Edward Cook was Speaker of the Commons House there fell out some questions in the Commons House about the Amendment of a mistake in the return of the Burgesse of Southwark * 5. R. 2. c. 4 8. H. 4. c. 14. 11. H. 4. c. 16. H. 6 c. 4. 8. H. 6. c. 7. 32. H. 6. c. 15 Ploud tol 11. 8 c. and after long debate it was resolved that the House could not amend it but the Lord Keeper in Chancery where the return was of Record if he thought it amendable by Law and that Masten Speaker should wait upon the Lord Keeper about it which he did who advised with the Iudges concerning it as appeares by the Journall And the Statutes made for redresse of abuse of Elections of Knights and Burgesses were made by the King and Lords upon the Commons petitions as appeares by 8. H. 4. n 83 1 9. 11. H. 4. n. 54. Neither of all which statutes gives the House of Commons alone any power of Iudicature to judge the right of Elections or punish abuses committed in them but leaves them to the Lords judicature as at first and gives the party injured an action at Law against the Sheriffe and ●others for false returns Secondly Sir Edmund Cooks words extend only matters of misdemeanor of any Members of the House of Commons committed in or against the House it self of which the● now though not anciently are the sole judges without the Lords which he proves by Arthur Halls case Thirdly to breaches of Priviledges of the Commons House alone in striking or arresting any of the Members or their priviledged servants which he proves by Munctons case and 11. H. 6. c. 11. 5. H. 4. c. 6. the two latter proving the contrary Yet in this case of breach of priviledge even in arresting the Commons Members and servants the Commons house were no● anciently the sole Judges as now In the Parliament of H. 6. n. 25. 26. 27. 28. Thomas Thorp chief Baron was chosen Speaker of the Parliament and after his election and before the Parliament which was proroged he was arrested and taken in execution at the suit of the Duke of York whereupon some of the Commons were sent up by the House to the King and Lords spirituall and temporall sitting in Parliament desiring that they might enjoy all their ancient and accustomed Priviledges in being free from arrests and propounded the case of Thomas Thorp

th●●r Speaker to them desiring his inlargement whereupon the said Lords spirituall and temporall not intending to hurt or impeach the priviledge of the Commons but equally after the Courts of law to administer Justice and to have knowledge what the Law will weigh in that behalf declared to the Justices the premises and asked of them whether the said Thomas ought to be delivered from prison by force and vertue of the said priviledge of Parliament or not To the which question the chief Justices in the name of all the Justices aforesaid communication and mature deliberation had among them answered and said that they ought not to answer to that question for it hath not been used aforetime that the Iustices should in any wise determine the priviledge of this high Court of Parliam for it is so high and mighty in his nature that it may make that law which is not and that that is law it may make no law and the determination and knowledge of that priviledge belongeth to the Lords of the Parliament and not to the Iustices but as for declaration of proceedings in the lower Courts in such cases as writs of Supersedeas of Priviledge of Parliament be brought and delivered the said chief Iustice said that there be many and divers Supersedeas of priviledges of Parliament brought into the Courts but there is no generall Supersedeas ●rought to sur●e●se all Processes for if there should be it should seem that this High Court of Parliament that ministreth all Justice and equitity should let the processe of the common Lawes and so it should put the party plainant without remedy for so much as * Vpon this ground 1. R. 2. n. 20. 87. 114. 2. R. 2. n. 8. 49. 5. R. 2. n. 44. 13 R. 2. n. 10. 30. 33. 15. R. 2. n. 9. 17. R. 2. n. 10 We find the Commons and Parliament very zealous to maintain the Common Law and referring causes and petitions to it when proper for it and unproper for the Parliament actions at Common Law be not determined in this High Court of Parliament And if any Person that is a Member of this High Court of Parliament be arrested in such cases as be not for Treason or Felony or surety of the Peace or for condemnation before the Parliament it is used that all such persons should be released of all such arrests and make an Attorney so that they may have the freedome and Liberty freely to attend upon the Parliament After which answer and Declaration it was throughly agreed assentted and concluded by the Lords spirituall and temporall that the said Thomas according to the law should remain still in Prison for the causes abovesaid the priviledge of the Parliament or that the same Sir Thomas was Speaker of the Parliament notwithstanding And that the premises should be opened and declared to them that were com●● for the Commons of this land and they should be charged and commanded in the Kings name that they with all goodly hast and speed proceed to the election of another Speaker The which premises for as much as they were matters of Law by the commandements of the Lords were opened and declared to the Commons by the mouth of Walter M●yle one of the Kings Sergeants at Law in the presence of the Bishop of Ely accompanied with other Lords in notable number and there it was commanded and charged to the said Commons by the said Bishop of Ely in the Kings name that they should proceed to the election of another Speaker with all goodly hast and speed so that the matters for which the King called this his Parliament might be proceeded in and this Parliament took good and effectuall conclusion and end VVhereupon th● Commons accordingly elected Thomas Charlton Knight for their Speaker the next day and acquainted the Lords therewith and desired the Kings approbation of their choice which was accorded unto by the King In the Parliament of 39. H. 6. n. 9. Walter Clerke one of the Burgesses of Parliament for Chippenham was arrested and imprisoned in the Fleet for divers debts to the King and others upon a Capias U●lagat●m whereupon the Commons complained thereof to the King and Lords and desired his release and tendred them an Act of Parliament ready drawn for that purpose to which Petition and Bi●● of theirs the King by the ASSENT OF THE LORDS SPIRITUALL and TEMPORALL assented And thereupon hee was freed In like maner Richard Chedder In the Parliament of 35. Eliz. Thomas Fitz-Herbert of Staffordshire was elected a Burgesse of Parliament and two houres after before the Indenture returned the Sheriffe tooke him in upon a Capi●● Utlagatum Whereupon he petitioned the House that he might have a Writ of Priviledge and be enlarged After many dayes debate and Argument of this case in the House by sundry Lawyers and Sir Edward Cooke then Speaker it was agreed That no Writ of Priviledge could in this case be returned into the House of Commons being but a Member of Parliament and no Court of Record but only into the Chancery or House of Peers And that this being a point of Law it was meet the Iudges should be advised with and determine it not the House And at last he was outed of his Priviledge by the Houses resolution In 28. H. 8. Dyer 60. The case of Trewinnerd a Commoner in point of Priviledge of Parliament concerning an arrest was argued and debated before the Judges in the Kings Bench And so was Chedders case in 8. H. 4. 12. 13. So as the Commons only are not the sole Judges of such Priviledge as many now concerve but the House of Peers and Kings Councell and Judges as well as they In these three cases only and no other that I find Sir Edward Cooke admits the Commons to be sole Iudges now though not anciently without the Lords Therefore to extend it generally to all or any other cases of Commoners but these is to pervert his words and extend them farre beyond his meaning Now Lilburnes Overtons Cases are none of these but directly under the Lords sole Iudicature because infringements of their Priviledges of which the Lords only are the Iudges as the Commons pretend they are of their Priviledges as his following passages manifest Thirdly hee addes that both Houses together have power of Indicature but determines not in what cases nor in what way of Judicature which hath caused the Object●rs mistake But the Judgements Records and Iournals of Parliament to which he refers and the cases he cites in the Margin will affoyle this doubt and cleare his meaning which is this First That in attainders and judgements of High Treason Felony or other Misdemeaners in Parliament where the proceedings are not by way of tryall and ordinary Judicature but by * See 31. H 6. n. 45. 64. 38. H. 6. n. 9. to 36. Bill or Act of Parliament there both Houses together and the King too joyntly with them have the power of