Selected quad for the lemma: cause_n

Word A Word B Word C Word D Occurrence Frequency Band MI MI Band Prominent
cause_n king_n lord_n parliament_n 7,771 5 7.1941 4 true
View all documents for the selected quad

Text snippets containing the quad

ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A91144 Ardua Regni: or, XII. arduous doubts of great concernment to the Kingdome, requiring a full and speedy resolution : propounded to M. Speaker, and the House of Commons, touching some of their late proceedings against their own suspended, ejected members, and the impeached Lords. Prynne, William, 1600-1669. 1648 (1648) Wing P3895; Thomason E429_5; ESTC R204618 7,714 14

There is 1 snippet containing the selected quad. | View lemmatised text

Ardua Regni OR XII Arduous Doubts Of great Concernment to the KINGDOME Requiring a full and speedy Resolution Propounded to M. Speaker and the House of Commons Touching some of their late Proceedings against their own Suspended Ejected Members and the Impeached Lords Printed in the Yeere 1648. Twelve arduous Doubts of great Concernment to the whole Kingdome requiring a full and speedy Resolution Propounded to M. Speaker and the House of Commons 1 BY what Law or Authority can the House of Commons alone without the concurrent assent and Judgment of the King and Lords the only proper Iudges in Parliament eject or suspend the late impeached Members or any other having no power of Iudicature in themselves alone nor authority to exanime Witnesses upon Oath as all other Courts of Judicature have and being all equally impowered and intrusted by the Countries Cities and Burroughs for which they serve and * Cromptons Iurisdiction p. 1 2. summoned to the Parliament by Writ onely to advise and consult together with the King and Lords about the arduous Cook 4 Instit c 1 and urgent affaires of the Realme and Church of England not to suspend nor expell one another the House And being all but equalls whether one Iustice of Peace of Assize Iudge of the Kings Bench or Common Pleas Commissioner of Oyer and Terminer Sewers Committee-man Grand-Iury man and the like may not as lawfully displace thrust out another by their own Authority without the Kings Parliaments or Lord Keepers consents and advice as one Commoner suspend or put another out of the Commons House without the Kings and Lords assents since Par in parem non habet imperium and no Freeman by Magna Charta ought to be outed of his Liberties or free Customes but by the lawfull Iudgment of his Peeres in a legall way or by the Law of the Land and that in some Cooke 4 Instit c 1 p 11 24 Court of Record and Iudicature which the House of Commons alone is not no Writs of Error nor other Records being returned before them and they being the grand Inquisitors only of the Realm to inquire and impeach offenders not Iudges to censure or condemn them whose impeachments they are onely to transmit to the King and Lords to judge and determine 2. Whether this ejection and suspention of Members by their Fellow-Members without confession or legall conviction upon Oath be not a late dangerous innovation and tyrannicall usurpation upon the Subjects and peoples Liberties depriveing them of the benefit and freedome of enjoying the counsell and advice of those Knights Citizens and Burgesses they have elected to Vote assent and dissent for them in Parliament And whether the House of Commons be able to produce any one ancient President before Queen Maries Reigne in all the Parliaments before or since the Conquest to warrant their owne sole suspentions or expulsions of their owne Members If yea let them then produce them to satisfie the Kingdome which expects an accompt of the justice of these proceedings at their hands If nay as confidently they cannot then these their expulsions and suspensions must of necessity be unwarrantable and meerly void in Law and the ejected and suspended Members may and ought to be re-admitted till they can produce sufficient evidence and proofe of their sole Authority to suspend or expell them without the Kings or Lords concurrence upon full hearing and conviction of some horrid crimes which really disable them to be Members Every County City and Burrough ought * 5. R. 2. Stat. 2. 0. 4. 7. H. 4. c. 14. 6 H. 6. c. 2. 32. H. 6. c. 6. 9. H. 8. c. 16. 4. E. 4. 44. b. Cromptons Iurisdiction of Courts Tit. Parliament ex debito Iustitiae to send Knights Citizens and Burgesses to consult debate vote assent and dissent for them in Parliament and every of these ought to come to the Parliament when elected and to continue there all the Session without intermission unlesse he can reasonably excuse himselfe by sicknesse or otherwise neither ought he to depart the House without speciall licence of the House and King too anciently first obtained under paine of being amerced and otherwise punished And for this very reason every Member of Parliament during the Session of Parliament and so many daies before and after is priviledged and exempted from all Arrests of his person * Dyer f. 60. because he is bound personally and constantly to attend the House till the Session or Parliament ends and his presence so necessary that he cannot be spared nor absent upon any occasion for proof whereof you may consult Modus Tenendi Parliamentum Sir Edward Cook 4. Institutes chap. 1. and the Authorities and Records there cited how then their Fellow-Commoners Knights Citizens and Burgesses can exercise or claime any legall Authority or Jurisdiction to eject or suspend any Member lawfully elected without legall triall conviction and the concurrent judgement and consent of the whole Parliament whereof the House of Commons is but one branch or Member and that upon such just and weightie reasons as may satisfie the Freeholders Citizens and Burgesses who elected them whose persons they represent and whose Attourneyes and Proxies they are and so ought not to be discharged of their trust without their privity by any of their Fellow-Commoners of the justice of their expulsion or suspension is a Moot-point which concernes the whole Kingdomes Interest and fit to bee resolved by M. Speaker and the Commons of the Long robe in a substantiall manner for the Kingdomes satisfaction the rather because the Speaker of the Commons House cannot be removed or changed for sicknesse or other cause but by the Kings and Lords assents Cook 4. Institut pag. 8. 39. H. 8. num 38 39. Baron Thorpes Case 3. Seeing the Writ for Elections of Knights Citizens and Burgesses cannot be altered in any thing but by Act of Parliament and all Elections ought to be freely and indifferently made without any prayer or commandment of the King by Writ Letter or otherwise or of any other and no Letter Order or Ordinance can disable any freeborn Englishman of full age not attainted of Treason or Felony to be chosen a Member but onely an Act of Parliament as * 4 Ins●it ch 〈◊〉 p 10 3 E 1 c 1 4 E 4 44 Sir Edward Cooke affirmes and the Statutes of 5 R. 2. Stat. 2. c. 4. 7. H 4. c. 15. 32. H. 6. c. 15. determine And seeing no Member anciently was or could be dismissed or discharged from his attending the House till the Session or Parliament it selfe was dissolved as is apparent by all the Adjournments Prorogations and Dissolutions of Parliaments and their formes How can the Commons House alone by any clause of the Writ that summons them or any Law or Statute extant suspend or expell any untainted Member before legall triall and conviction in full Parliament without the Kings and Lords consents with whom they