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A56189 A plea for the Lords, and House of Peers, or, A full, necessary, seasonable enlarged vindication of the just, antient hereditary right of the earls, lords, peers, and barons of this realm to sit, vote, judge, in all the parliaments of England wherein their right of session, and sole power of judicature without the Commons as peers ... / by William Prynne. Prynne, William, 1600-1669. 1659 (1659) Wing P4035; ESTC R33925 413,000 574

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House it self without any report at all of their proceedings to the House authorizing Committees to secure imprison close imprison cashire banish condemn execute many persons sequester confiscate sell dispose their Inheritances Offices Lands Tenements Benefices real and personal estates to deprive them of their callings professions to search and break up their houses by Soldiers and others without any legal sworn Officers day and night to seize their Letters Papers Horses Arms Plate Money yea debts in other mens hands at pleasure to indemnifie and stay their legal actions sutes Judgements at Law and null their executions at their pleasures yea to commit them till they released all sutes actions Judgements and paid costs and damages to those they justly sued and recovered against to adde affliction to affliction and cruelty oppression to injustice These are the bitter fruits of Commons usurped judicature whereof there are thousands of most sad presidents which may hereafter be objected to prove the sole Power of Judicature to reside of right not in the K. or House of Lords but in the Commons House alone and every of their Committees especially for Examinations Plundered Ministers Sequestrations Indempnity Haberdashers and Goldsmiths Halls Privileges sales of Delinquents the Kings Queens Princes Lands and Estates Excise the Army Navy and the like yea in their new created High Courts of Justice who have acted as absolute arbitrary unlimited lawlesse Courts of justice in the highest degree to the subversion destruction of the antient Liberties Freeholds Properties Great Charters and fundamental Laws of the Nation in general and of thousands of the highest lowest degree of English Freemen in particular with as much ground of reason Warrant from the many late Presidents of this Nature as these here objected to prove a so●e right of ●udicature in the Commons House in cases of undue elections retorns misdemeanors privileges relating to their Members and their seruants Which strang exorbitant Presidents and Proceedings if they should be made Patterns for future Parliaments and Committees I shall desire all sober minded men to consider of the dangerous consequences of them thus notably expressed by the late King in his Answer concerning the Ordinance for imposing and levying the 20th part of mens estutes 29 November 1642. After this Ordinance and Declaration t is not in any sober mans power to believe himself worth any thing or that there is such a thing as Law Liberty Property left in England under the jurisdiction of these men and the same power that robs them now of the twentieth part of their estates hath by that but made a claim and entituled it self to the other nineteen whne it shall be thought fit to hasten the general ruine Sure if the minds of all men be not stubbornly prepared for servitude they will look on this Ordinance as the greatest prodigie of Arbitrary power and tyranny that any age hath brought forth in any Kingdom other grievances and the greatest have been conceived intollerable rather by the logick and consequence than by the pressure it self this at once sweeps away all that the wisdom and justice of Parliaments have provided for them Is their property in their estates so carefully looked to by their ancestors and so amply established by Us against any possibility of Invasion from the Crown which makes the meanest Subject as much a Lord of his own as the greatest Peer to be valued or considered here is a twentieth part of every mans estate or so much more as four men will please to call the twentieth part taken away at once and yet a power left to take a twentieth still of that which remains and this to be levied by such circumstances of severity as no Act of Parliament ever consented too Is their liberty which distinguishes subjects from slaves and in which this freeborn Nation hath the advantage of all Christendom dear to them they shall not only be imprisoned in such places of this kingdom a latitude of judgement no Court can challenge to it self in any cases but for so long time as the Committee of the House of Commons for Examination shall appoint and Order the House of Commons it self having never assumed or in the least degree pretended to a power of Judicature having no more authority to administer an Oath the only way to discover and find out the truth of facts than to cut off the heads of any our Subjects and this Committee being so far from being a part of the Parliament that it is destructive to the whole by usurping to it self all the power of King Lords and Commons All who know any thing of Parliament know that a Committee of either House ought not by Law to publish their own results neither are their conclusions of any force without the confirmation of the House which hath the same power of controling them as if the matter had never been debated but that any Committee should be so contracted as this of examination a stile no Committee ever bore before this Parliament as to exclude the Members of the House who are equally trusted by their Country from being present at the Counsels is so monstrous to the privileges of Parliament that it is no more in the power of any man to give up that freedom than of himself to order that from that time the place for which he serves shall never more send a Knight or Burgesse to the Parliament and in truth is no lesse than to alter the whole frame of government to pull up Parliaments by the roots and to commit the lives liberties and estates of all the people of England to the arbitrary power of a few unqualified persons who shall dispose thereof according to their discretion without account to any rule or authority whatsoever Are their friends their wives and children the greatest blessings of peace and comforts of life pretious to them would their penury and imprisonments be lesse grievous by those cordials they shall be divorced from them banished and shall no longer remain within the Cities of London and Westminster the Suburbs and the Counties adjacent and how far those adjacent Counties shall extend no man knows The 3 sort of Presidents and Objections are such as Lilburn and Overton insist on to prove That the King and Lords have no power at all to judge or censure Commoners in our Parliament The only Record they insist on is the Lords own Protestation in 4 E. 3. n. 2. 6. in the case of Sir Simon Bareford which because I have already fully answered p. 323 324 325. and cleared by sundry subsequent presidents and there being no one president in any Parliament since to contradict it I shall wholly pretermit and proceed to their objections which are only two The first and principall objections whereon they most insist and rely is the Statute of Magna Charta chap. 29. That no Free-man shall be imprisoned outlawed exiled or any other may destroyed Nor we shall not passe
London by a Proces out of the Kings Bench at the sute of one White for the sum of two hundred marks or thereabouts wherein he was late afore condemned as a surety for the debt of one Welden of Salisbury which arrest being signified to Sir Thomas Moile knight then Speaker of the Parliament and to the knights and Burgesses there order was taken that the Serjeant of the Parliament called S. I. should forthwith repair to the Counter in Bredstreet whither the said Ferrers was carried there to demand delivery of the Prisoner Therupon the Serjeant as he had in charge went to the Counter and declared to the Clerks there what he had in commandment but they and other Officers of the City were so far from obeying the said commandment as after many stout words they forcibly resisted the said Serjeant whereof ensued a fray within the Counter Gates between the said Ferrers and the said Officers not without hurt of either part so that the said Serjeant was driven to defend himself with his mace of arms and had the Crown thereof broken by bearing off a stroke and his man stroken down During this brawl the Sherifs of London called Rowland Hill and H. Suckley came thither to whom the Serjeant complained of this injury and required of them the delivery of the said Burgesse as afore but they bearing with their Officers made little account either of his complaint or of his message rejecting the same contemptuously with much proud language so as the Serjeant was forced to return without the Prisoner and finding the Speaker and all the knights and Burgesses set in their places declared unto them the whole cause as it fell out who took the same in so ill part that they altogether of whom there were not a few as well of the Kings privy Counsel as also of his privy Chamber would sit no longer without their Burgess but rose up wholly and repaired to the Vpper House where the whole case was declared by the mouth of the Speaker before Sir T. Audeley knight then Lord Chancellor of England and all the Lords and Judges there assembled who judging the contempt to be very great referred the punishment thereof to the order of the Common house They returning to their places again upon new debate of the Case took order that their Serjeant should eftsoon repair to the Sherifs of London and require delivery of the said Burgess without any writ ● warrant had for the same but only as afore Albeit the Lord Chancellor offered there to grant a Writ which they of the Common House refused being of a clear opinion that all commandements and other acts proceeding from the neather House were to be done and executed by their Serjeant without Writ only by shew of his Mace which was his warrant But before the Serjeants return into London the Sherifs having intelligence how hainously the matter was taken became somewhat more mild so as upon the said second demand they delivered the Prisoner without any denial But the Serjeant having then further in commandment from those of the neather House charged the said Sherifs to appear personally on the morrow by 8 of the clock before the Speaker in the neather House and to bring thither the Clerks of the Counter and such other of their Officers as were parties to the said affray and in like manner to take into his custody the said White which wittingly procured the said arrest in contempt of the privilege of the Parliament which commandment being done by the said Serjeant accordingly on the morrow the two Sherifs with one of the Clerks of the Counter which was the chief occasion of the said affray together with the said White appeared in the Common House where the Speaker charging them with their contempt and misdemeanor aforesaid they were compelled to make immediate answer without being admitted to any counsell Albeit Sir Ro. Cholmley then Recorder of L. and other the Counsel of the City then present offered to speak in the cause which were all put to silence and none suffered to speak but the parties themselves whereupon in the conclusion the said Sherifs and the same White were committed to the Tower of London and the said Clerk which was the occasion of the fray to a place there called Little Base and the Officers of L. which did the arrest called Tailer with 4 Officers more to Newgate where they remained from the 28 until the 30 of March and then they were delivered not without humble sute made by the Mayor of L. and other their friends And forasmuch as the said Ferrers being in execution upon ● condemnation of debt and set a● large by privilege of Parliament was not by Law ●o be brought again into execution and so the party without remedy for his debt as well against him as his principal debtor after long ●ebate of the same by the space of 9 or 10 days together at last they resolved upon an Act of Parliament to be made and to revive the execution of the said debt against the said Welden which was principal debtor and to discharge the said Ferrers But before this came to passe the Commons House was divided upon the question but in conclusion the Act passed for the said Ferrers who won by 14 voices The King being then advertised of all this proceeding called immediately before him the Lord Chancellor of England and his Judges with the Speaker of the Parliament and other the gravest persons of the neather House to whom he declared his opinion to this effect First commending their wisdom in maintaining the privileges of the House which he would not have to be infringed in any point alleged that he being head of the Parliament and attending in his own person upon the business thereof ought in reason to have privilege for him and all his Servants attending there upon him So that if the said Ferrers had been no Burgesse but only his servant that in respect thereof he was to have the privilege as well as any other For I understand quoth he that you not only for your own persons but also for your necessary servants even to your Cooks and Horse-keepers enjoy the said privilege insomuch as my Lord Chancellor here present hath informed us that he being Speaker of the Parliament the Cook of the Temple was arrested in L. and in execution upon a Statute of the staple And forasmuch as the said Cook during the Parliament served the Speaker in that office he was taken out of execution by the privilege of the Parliament and further we be informed by our Judges that wee at no time stand so highly in our estate Royal as in the time of Parliament wherein we as Head and you as Members are conjoyned and knit together into one body politick so as whatsoever offence or injury during that time is offered to the meanest Member of the House is to be judged as done against our person and the whole Court of