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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

Gulielmus Nubrigensis relates Q●cunque Rege tyrannice occiderat eo ipso personam et potestatem Regiam induens suo quoque occisori tandem post modicum fortunam inveteratae consuetudinis lege relicturus Quippe ut dicitur à centum retrò annis et eo amplius cum Regum ibidem numerosa successio fuerit Nullus eorum senio aut morbo vitam finivit fed omnes ferro interiere suis interfectoribus tanquam legitimis successoribus regni fastigium relinquentes ut scilicet omnes qui tanto tempore ibidem imperasse noscuntur illud quod Scriptum est respicere videatur OCCIDISTI INSUPER ET POS SEDISTI Wherefore to prevent the dangerous Consequences of these false Glosses on the Statutes of 25 E. 3. c. 2. 11 H. 7. c. 1. I shall lay down these infallible grounds 1. That all publike Laws are and ought to be founded in Justice righteousnes and common honesty for the preserving securing the lives persons estates of all men especially of lawful Kings and Supreme Magistrates from all violence invasion force disseisins usurpations conspiracies assassinations being against all rules of Law and Justice Exod. 20.12 to 18. c. 21 22. 23. Mat. 5.17 to 48. c. 7. 12. Deut. 4.18 Psal 19.8.9 Ps 119.7.106 137 138·160 167. Rom. 7.12 Deut. 6.25 Ps 33.5 Ps 45.7 Ps 72.2 Ps 74.15 Prov. 8.18 Prov. 24.21 Rom. 13.1 to 7. Lu. 20.25 Tit. 3.1 2 3. 1 Tim 1.9 10. Job 20.19 c. 24.2 Mich. 2.1 2 3 4. Jer. 6.7 c. 20.8 c. 22.3.17 Ezech. 45. c. Hab. 1 2. to 10. Lu. 3.14 Whence Cicero thus defines Law Lex est ratio summa insita in natura quae jubet ea justa quae facienda sunt prohibe que contraria Therefore these 2. Statutes were purposely made for those great ends and ought to be interpreted onely for the best advantage of Lawfull Kings and their adherents not for the indemnity impunity encouragement of Traytors Rebels Intruders Usurpers 2ly What Tully writes of the Roman Senators we ought to doe the same of our English Parliaments and Legislators Ea virtute et sapientia majores nostri fuerunt ut legibus scribendis nihil sibi aliud quam salutem atque utilitatem reipublicae proponerent Whence he there inferrs A Legibus nihil convenit arbitrari nisi quod reipublicae conducat proficisci quoniam ejus causa sunt comparatae Therefore these Laws are to be interpreted for the best security safety preservation of the lawfull heads of the Commonwealth and their rightfull heirs and loyal dutifull subjects not for their destruction and the indemnity security of Usurpers Traytors Rebels aspiring after their Crowns Thrones Assassinations to the publike ruine 3ly All the branches of the Statute of 25 E. 3. c. 2. made at the special request of the Lords and Commons and that by a lawful King at that season declare this Statute to be meant only of a lawful King whiles living whether in or out of actual possession of the Realm not of a bare Usurper in possession without right as Sir Edward Cooke expounds it else it will necessarily follow That it shall be no Treason at all to compasse or imagine the death of the King de jure if once dispossessed for a time by Violence and Treason or of his Queen or eldest son and heir or to violate his Queen or eldest daughter not married or to levy war against the lawfull King in his Realm or to be adherent to his Enemies within the Realm or elsewhere or to counterfeit his Great or Privy Seal or mony c. But high Treason in all these particulars in relation only to the Vsurper in possession without and against all right and Title which would put all our rightful Kings and Supreme Governors into a farr worser sadder condition than their Trayterous Vsurpers and into a worse plight than every Disseisee or lawfull heir intruded upon by abatement or dispossessed by torcions unjust or forcible entries for which our Common and Statute Laws have provided many speedy and effectual means of recovering their possessions and Damages too against Disseisor● Abators Intruders on their Inheritances Freeholds for exemplary punishment fining imprisonment of the Disseisors Abaters but no means of recovery at all for our dishinherited disposse●ed Kings or their heirs against Intruders Vsurpers of their Crowns nor punishments against them their Confederates or Adherents if our Laws concerning Treasons extend not unto them though Kings de jure but only to Usurpers de facto et non de jure and if the Statute of 11 H. 7. exempt them from all kinds of penalties forfeitures by the lawfull King when he regains possession of the Crown as some now expound them 4ly It is resolved both by our Statutes Judges Law-books over and over That there is no Inter-regnum in our hereditary kingdom or any other That so soon as the rightfull hereditary King dies the Crown and Realm immediatly descend unto and are actually vested in the person and possession of the right heir before either he be actually proclaimed or crowned King and that it is high Treason to attempt any thing against his Person or royal authority before his Coronation because he is both King de jure de facto too as was adjudged in Watsons and Clerks case Hill 1. Jacobi Hence upon the death of King Henry the 3. though Prince Edward his heir was absent out of the Realm in the holy wars where he received a dangerous wound by an assassinate and was not certainly known to be alive yet all the Nobility Clergy and people going to the high Altar at Westminster swore fealty and allegeance to him as their King appointed a New Seal and Officers under him qui thesauram Regis pacem regni fideliter custodirent Sicque pax Novi Regis Edwardi in cunctis finibus regni proclamatur Edwardo fidelitatem Jurantes qui si viveret penitus ignorarunt Besides it is both enacted resolved in our Statutes Lawbooks That Nullum tempus occurrit Regi and that when the King is once in legal possession of his Crown Lands or any Lands holden of him by reason of his Praerogative he who enters or intrudes uppon them shall gain no freehold thereby yea if the Kings Tenant dieth and his heir enter into the lands his ancestors held of the King before that he hath done his homage and received seisin of the King though he hath a right of inheritance to the Lands by Law yet he shall gain no freehold and if he die yet his wife shall not be indowed because he gained no freehold by his entry but only a naked possessiō much les then shal a meer Intruder gain any Freeheld or interest in the Crown or Crown lands it self to the prejudice of the rightfull King or his heirs This is most evident by the sacred presidents of K. David still King when unjustly dispossessed driven out of his

kingdom by his unnatural Son Absolon who made himself King de facto who was yet a traytor with all his Adherents and came to a tragical end 2. Sam. c. 15. to c. 20. by the case of Adonijah the Vsurper and his Adherents slain and degraded as Traytors and of the Usurper Athaliah who had near 7. years possession of the Throne and slew all the bloud royal but Ioash yet was shee dispossessed slain as a murderer traytor usurper and Ioash the right heir set upon the Throne and crowned King by Jehoiada the high Priest the Captains and Rulers of the host and Officers people of the Land who all rejoyced and the City was quiet after that they had slain Athaliah with the sword 2 Kings 11. 2 Chro. c. 23. And as this was Gods Law amongst the Jews So it was the antient Law of England under the antient Britons as is evident by the case of the Usurper Vortigern who af●er his Usurpation of the Crown by the murther of two rightfull Kings Constantine and Constance and near 20 years possession by usurpation the Britons calling in and crowning Aurelius Ambrosius the right heir for their lawfull King he was prosecuted by him as a Traytor both to his Father and Brother whom he caused to be murdered to gain the Crown besieged assaulied and burnt to death in the Castle of Genorium in Wales with all his adherents that were in it This Law continued not onely under our Saxon Kings but English too as is evident by the case of Qu. Maud reputed a lawfull Queen notwithstanding the usurpation Coronation and actual possession of King Stephen in her absence all whose grants of the Crown lands were resumed by her Son King Henry the 2. and King Stephens Charters and Grants of them resolved null and void against King Henry because made by a Usurper and Invader of the Crown King John in the year 1216. was renounced by most of his Nobles Barons people who elected crowned and swore allegeance to Lewes as their King and dispossessed King John of all or most of the Realm who thereupon at his death cum summa mentis amaritudine maledicens non valedicens omnibus Baronibus suis pauper omni thesauro destitutus nec etiam tantillum terrae in pace ●inens ut vere JOHANNIS EXTORRIS diceretur ex hac vita miserrime transmigravit Henricum primogenitum suum REGNI CONSTITUENS HAEREDEM Yet no sooner was he dead though Lewes was K. de facto and that by the Barons own election who called him in and crowned him but Gualo the Popes Legat and many of the Nobles and People as●embling at Glocester there crowned Henry his Son for their true and lawfull King at Glocester cogente necessitate quoniam Westmonasterium ubi locus est ex consuetudine regiae consecrationis deputatus tunc ab inimicis suis suit obsessum After his Coronation he received the homages and fealties of all the Bishops Earls Barons and others present at his Coronation Sicque Nobiles Universi Castellani eo multo fidelius quam regi Johanni adhaeserunt quia propria patris iniquitas UT CUNCTIS VIDEBATUR filio non debuit imputari After which most of the Nobles and English deserting Lewes submitted themselves to Henry as their lawfull Soveraign routed the French forces besieged Lewes in London forced him to swear that he would depart the Realm and never to return more into it during his life and presently restore all the Lands and Castles he had taken in England by warr and resign them to King Henry Which he accordingly performed Most of the Barons who adhered to Lewes and submitted themselves to King Henry were by agreement restored to all their rights inheritances and Liberties But some Bishops Abbots Priors Secular Canons and many Clergy-men qui Ludovico Baronibus consilium praestuerant et favorem and continued obstinare were excepted out of the composition between King Henry and Lewes and thereupon deprived of their livings goods and forced to make fines and compositions for adhering to the Usurper Lewes though King de facto for a season Therefore a King de facto gets neither a legal freehold against the King de Jure or his heirs nor can he indemnify his adherents against his Justice who are still Traytors by adhering to him though crowned and the King de jure may punish them as such 5ly Since the Statute of 25 E. 3. which altered not the Law in this point before it in the Parliaments of 1 E. 4. ro● Parl. n. 8. to 37.4 E. 3. n. 28. to 41.14 E. 4. n. 34 35 36. King Henry the 6. himself though king de facto for 39. years and that by Act of Parliament and a double descent from Henry the 4th and 5th Usurpers and Intruders together with his Queen and sundry Dukes Earls Barons Nobles Knights Gentlemen who adhered to him in his wars against Richard Duke of Yorke and Edward the 4th King de jure were all attainted of high Treason all their lands goods chattels forfeited some of them executed as Traytors for adhering to Henry the 6. and assisting him in his wars against Edward the 4th king only de jure it being adjudged High Treason within the Statute of 25 E. 3. against Sir Edward Cooks fond opinion to the contrary As for the Year-book of 9 E. 4. f. 1. b. that the King de jure when restored to the Crown may punish Treason against the king de facto who usurped on him either by levying warr against him or compassing his death it was so farr from being reputed Law in any age being without and against all Presidents or in King Edward the fourths reign that those who levied war against Henry the 6. were advanced rewarded as loyal Subjects not punished as Traytors for it by King Edward the 4th when actually King It being not only a disparagement contradiction to the Justice Wisdom Title Policy and dangerous to the person safety of any King de jure to punish any of his Lieges Subjects for attempting the destroying deposing of an Vsuper of his Crown and Archtraytor to his person but an owning of that Usurper as a lawfull King against whom high Treason might be legally committed and a great discouragement to all loyal Subjects for the future to aid him against any Intruders that should attempt or invade his Throne for fear of being punished as Traytors for this their very loyalty and zeal unto his safety Moreover all the gifts grants made by Henry the 4 5 6. themselves or in and by any pretenced Parliaments under them were nulled declared void and resumed they being but meer Usurpers and kings de facto not de jure 6ly It is the judgement resolution of learned Polititians Historians Civilians Canonists Divines as well Protestants as Papists Jesuites and of some Levellers in this age that it is no Offence Murther Treason at all by the Laws of God

rightfull Kings or their heirs or the Nobles and people of th●se Realm their possessions of the Crown being no expiation of their Treasons Regicides but an aggravation of them both in Law and Gospel account unable to secure their heads lives by their own Law and concession since the actual coronation unction and possession of the kings de Jure whom they murdered deposed against their Oaths allegeance duties could neither preserve their crowns persons nor lives from their violence and intrusion To omit he hanging up of Iohn of Leyden who crowned himself a king with his companions for Traytors at Munster An. 1535. with all antient domestick presidents of this kind among our British and Saxon kings it is very observable that in the Parliament of 1 E. 4. n. 17 18. Henry the 6. though king de facto together with his Queen Son Edward Prince of Wales the Duke of Somerset and sundry others were attainted of high Treason for killing Rich. Duke of York at Wakefield being only king de jure and declared heir and successor to the Crown after King Henry his death in the P●rliament of 39 H. 6. n. 18. though never crowned and not to enjoy the possession of it during the reign of King Henry yet Henry the 6. his murder after his deposition was never inquired after though king de facto for sundry years and that by descent from 2. usurping ancestors nor yet reputed Treason After this king Richard the 3d. usurping the Crown and enjoying it as king de facto for 2. years 2. moneths and one day was yet slain in Bosworth field as an usurping bloudy Traytor stript naked to the skin without so much as a clout to cover his privy members all sprinkled over with mire and bloud then trussed like a Hogg or Calf behind a pursuivant and ignobly buried Sir William Catesby a Lawyer one of his Chief Counsellors with divers others were two dayes after beheaded at Leicester as Traytors notwithstanding he was king de facto and no doubt had not king Richard been slain in the field but taken alive he had been beheaded for a Traytor as well as his adherents being the principal Malefactor and they but his instruments So that his kingship and actual possession of the Crown by intrusion did neither secure himself nor his adherents from the guilt or punishment of High Treason nor yet the Act of Parliament which declared him true and lawfull King as well by inheritance and descent as election it being made by a packed Parliament of his own summoning and ratified only by his own royal assent which was so far from justifying that it did make his Treason more heinous in Gods and mens esteem it being a framing of mischief and acting Treason by a Law Psal 94.20 21. which God so much abhors that the Psalmist thence infers v. 23. And the Lord shall bring upon them their own iniquity and shall cut them off in their own wickedness yea the Lord our God shall cut them off as he did this Arch bloudy Traytor and his Complices though king de facto by a Law 9ly Since the Statute of 11 H. 7. c. 1. some clauses whereof making void any Act or Acts of future Parliaments and Legal process against it are meerly void unreasonable and nugatory as Sir Cook himself affirms of Statutes of the like nature there have been memorable Presidents Judgements in point against his and others false glosses on it in favour of Usurpers though King or Queen de facto and their Adherents against the lawfull Queen and heir to the Crown which I admire Sir Edward Cooke and other Grandees of the Law forgot or never took notice of though so late and memorable King Edward the 6. being sick and like to dye taking notice that his Sister Queen Mary was an obstinate Papist very likely to extirpate the Protestant Religion destroy that Reformation which he had established and usher in the Pope and Popery which he had totally abandoned by advice of his Council instituted and declared by his last will in writing and Charter under the Great Seal of England the Lady Jane of the bloud royal eldest Neice to King Henry the 8. a virtuous Lady and zealous Protestant without her privity or seeking to be his heir and Successor to the Crown immediately after his death for the better confirmation whereof all the Lords of his Privy Council most of the Bishops Great Officers Dukes Earls Nobles of the Realm all his Judges and Barons exept Hales the Serjeants and great Lawyers with the Mayor and Aldermen of London subscribed their Names and gave their full and free assents thereto wherupon immediately after King Edwards death July 9. 1553. Iane was publikely proclamed Qu. of this Realm with sound of trumpet by the Lords of the Council Bishops Judges Lord Mayor and Aldermen of London So as now she was a Queen de facto backed with a very colourable Title from King Edward himself his Council Nobles Judges and the other subscribers to it being likewise eldest Neece to King Henry the 8. of the bloud-royal For defence of her person and Title when proclamed Queen and to suppress Mary the right heir the Council speedily raised a great power of 8000 foot and 2000 horse of which the Duke of Suffolk was first made General being her Father but soon after the Duke of Northmberland by Commission from the whole Council in Queen Janes Name who marched with them to Cambridge and from thence to St. Edmunds Bury against the Lady Mary Queen only de jure not de facto But many of the Nobles and the generality of the people inclining to Queen Mary the right heir and resorting to her ayd to Fotheringham Castle thereupon the Council at London repenting their former doings to provide for their own safety on the 20. of June 1553. proclamed Mary Queen and the Duke of Northumberland hearing of it did the like in his Army who thereupon deserted him From which sodain alteration the Author of Rerum Anglicanarū Annales printed Lond. 1616. l. 3. p. 106. hath this memorable observation Tali tamen constanti veneratione nos Angli legitimos Reges prosequimur ut ab eorum debito obsequio nullis fucis aut coloribus imo ne Religionis quidem obtentu nos divelli patiamur cujus rei Janae hic casus indicium poterit esse plane memorabile Quamvis enim Dominationis illius fundamenta validissima jacta fuissent cui et summa arte superstructum est quam primum tamen Regni vera et indubitata haeres se Civibus ostendit omnis haec accurata structura concidit illico quasi in ictu oculi dissipata est idque eorum praecipue opera quorum propter Religionis causam propensissimus favor Janae adfuturus sperabatur c. All the Martyrs Protestant Bishops and Ministers imprisoned and burnt by her humbly requiring and in the bowels of our Lord Jesus

Communi Iudicio Which he more amply relates in his History of England p. 69. to 77. Here we have judgement of banishment given against Gaverston by the Lords in Parliament 3. several times the 1. whiles a Commoner the two later whiles an Earl as an Enemy to the Realm and publike Traytor and a Sentence of death denounced against him in case he returned which was accordingly executed on him by the common Sentence of the Lords A Convincing proof of their Jurisdiction in criminal Causes both over Commoners and Peers His second banishment by the Lords was ratified by a Bill as the Spencers was to which the Commons gave their Assent as they did to two Acts in the Parliament of 7 Edward the 2. printed in Totles Magna Charta part 2. f. 43 44. Ne quis occasionetur pro reditu as also pro morte Petri de Gaverston made by the Grant and Assent of the King Archbishops Bushops Abbots Priors Earls and Barons ET TOUTE LA COMMVNALTIE de nostre Royalm By which Bill his Lands were all forfeited and give● to the King as appears by Claus 1.2 E. 2. m. 5. where Hugh de Audeley the younger and Margaret his wife petitioned A nostre Seigneur la Roy son Counscil PRELATES COUNTS BARONS de la terre The Petition was for the Earldom of Cornwall after the death of Peter de Gaverston to whom it was given in general tayl Margaret being his daughter and heir because THE GREAT CHARTER wills that after the death of a Baron his heir shall have his heritage and mariage and the Statute of Westminster 2. wills That heirs in tayl shall not be prejudiced by the deed fine or feofment of their Ancestors and the GREAT CHARTER also wills That no man shall be outed of his freehold without the award and judgement of the Law of the Land Afterwards upon debate of this Petition pro eo quod recordatum fuit by the LORDS AND COMMONS that it had been AGREED BY THEM that all things given by the King to Gaverston and Margaret should be revoked per quod in hoc Parliamento modo per praefatos Praelatos Comite● Barones et totain Communitatem Regni cousideratum est that the Earldom and all the rest of his Land● should remain in the King that all Charters of it should be repealed all enrolments cancelled quod est adjudicatum intretur ad Scaccarium et ad utrumque C●ri●m there to be inrolled also And there is a writ directd to the Treasurer and Barons and Chief Justices of both Benches to inrol it in this Roll. This judgement being by way of Bill in pursuance of the former Bill for his attainder had the Commons assent thereto as well as the Lords though the Peti●ion here was directed only to the King and Lords for restitution not to the Commons who could not be Gaverstons proper Judges in Parliament being a Peer but only by way of Bill of Attainder In the 15 year of King Ed. 2. the two Sir Hugh Spencers Father and Son were articled against impeached and condemned of High Treason by the Lords in Parliament and exiled by their judgement without the Prelates or Commons who only consented to the Act for their banishment after the judgement given of which at large before to which I shall here annexe the Arricles of their impeachment being very memorable Alhonnour de Dieu de sainct esglise et de nostre seignour le roy et au profite de luy et de son royalm● a peace de quiete maintenir en son people et pur meinteynment de lestate de la Corone luy monstrent Praelates Coun●z et Barons et les autres Pieres de la terre common du royalme contresir Hugh le Despenser le fitz et Sir Hugh le Despenser le Pier que come le dit sire Hugh le Despenser le fitz au Parlement Deverwike fuit nosme et assentu destre en lossice du Chamberlain nostre seignor le roy de servir en cel office come afferoit An quel parlement fuit auxi assentu que certeins Prelates et ●u res Grandes du roialme demorerent pres de roy par s●isons de lan pur meulx counseiler nostre seignor le roy sans queux nul grosse bosoigne ne se deveroit fair le dit sir Hugh le fitz attreit a luy syr Hugh son pier que ne fuit nient assentu ne accorde en parlement a demourer ensi pres de roy enter eux deux acroachant a eux royal power sur le roy fes ministers le guyment de son royalme a dishor our du roy emblemisement de sa corone et destruction du royalme des grandes et du people et sesoient les maluesiees des●us escriptes en compassant de●●oigner le coer nostre seignour le roy des Piers de la terre pur avoir eux soule governance de la terre En primes que sir Hugh le Dispenser le fitz feusi coruce vers le roy et sur ceo coruce fist un bille sur la quel bille il voillet auoir en aliance de sir John Gyffarde de Brymmesfeld sir Richard de Greye et dautre davoir mesne le roy par aspertee de faire sa volunte issent que en luy ne temist mye que il ne ●e eu●t fair ●a tenure de la bille sensuit sous escript Homage serement de ligeance est pluis par reson de la corone que per reason de person le roy pluis se lie a la corone que a la person ceo piere que avant que ●estate de la corone soit descendu nul ligeance est a la person regardant Dont si le roy par case ne se meisne par reasone en droit de la corone les leiges sont lies per s●rement fait a la corone de remeuer le roy et le state de la corone par reason au●rement ne serroit le serement tenus Ore fait a demander coment lem doit amesner le roy ou par suite de ley ou par aspertee par suite de ley ne luy poet home pas redresser ●ar il navera pas juge si ceo ne soit depart le roy En quel case si la volunte le roy ne soit accordant a reason si naveroit il forsque errour maintenue confirme Dont il covient pur le serement lauuer et quant le roy ne voet chose redresser oustre que est pur le common people malueis et damageous pur la corone a judger est que la chose soit ousle par aspertee que il est lie par ●on serement de governer son people ses lieges ses liege ●ont lies de govern en eide de luy en defaut de luy Et auxint par lour covin

E. 3. n. 1.10 R. 2.17 R. 2. n. 6.7 8 H. 4. n. 66 67. some of the valiantest wisest discreetest Spiritual and Temporal LORDS were by Petition of the Commons and special Order of the Lords in Parl. placed about these Kings to BE THEIR PRIVY COVNSELLORS to advise counsel them and manage all the Great affairs of the Realm under them so in this Parliament they exhibited this Petition to the like e●●ect Primerement que plese a nostre dit Seigniour le Roy ordeigner et assigner en cest present Parlement les pluis vaillantz sages et discretes Seigniours espirituelx et temporelx de son roialme pur estre de son counseil en eid et supportation del bone et substancial gouvernance et la bien de Roy et de Roialme et que les ditz Seigniours de counseill et les Justices de Roi soient overtement jurez eny cest present parlement de eux bien et loialment en lour counseill et faitz acquiter pur le bien de Roy et de Royalm en toutz pointz saunz favour pur affection ou affinite faire a ascune manere de persone Et que plese nostre dit Seigniour le Roy en presence de toutz les Estates de parlement comander les ditz Seigniours et Justices sur lour foy et ligeance que lui devont qils feront pleyne justice et droit ouelment a chescuny sanz tarians si bonement come ils purront sanz ascun commandement on charge de queconque persone a contrarie Le Roy le voet was the answer which was answered See the like Petitions afterwards in 1 H. 6. n. 26.2 H. 6. n. 15 16.8 H. 6. n. 27 28.11 H. 6. n. 41. I shall conclude with these 2. memorable late presidents In the Parliament of 8 Eliz. upon the death of Thomas Williams Esquire Speaker of the Commons house Richard Onstoe Esquire the Qu●ens Sollicitor first chosen a Member of the Commons house and after called by Writ to attend the Lord● House as an Assistant at the request of the Commons to the Queen and Lords was sent down again to the Commons house without any new election and there chosen and presented by them for their Speaker and allowed of by the Queen and Lords So in the Parli●ment of 23 Eliz. upon the Queens making John Bell Esq then Speaker chief Baron of the Exchequer Iohn Popham Esq then Queens Sollicitor called from the Commons house to the Lords as an Assistant by writ at the Commons request to the Queen and Lords was remitted to them again upon his old without any new election and th● chosen presented accepted for their Speaker Which 2. late presidents infallibly prove 1. That the King hath an absolute power over any Members of the Commons house upon a just occasion to call them thence by writ to be Assistants to the Lords house or else to create them Peers and call them to be Members of the Lords house as he did Sir Francis Seymore Mr. Arthur Capell and others created Lords the last long Parliament 2ly That the calling of any to the Lords house from the Commons by writ as Assistants only doth not totally disable them to be Members of the Commons house again the self-same or the next Parliament but that upon the Commons Petion and assent of the King and Lords they may be remanded to the Commons house and be Members and Speakers thereof again but not by the Commons votes or order but only by the Kings with the Lords assent who may refuse to remand them if they please A very pregnant argument chat the power of removing judging suspending approving readmitting Members of the Commons house upon Elections or Misdemeanors belongs not of right to the Commons house but to the King and House of Peers as I have formerly evidenced Admit●ing then that the Commons have de facto gained exercised this privilege of late years to judge suspend or eject their own Members in such cases without the King and House of Peers yet having most grosly abused it of late to the ruine subversion of Parliaments I must conclude with the Canonists Privilegium meretur amittere qui abutitur potestate Jer. 6.16 Thus saith the Lord Stand ye in the wayes and see and ask for the old pathes where is the good way and walk therein and ye shall find rest for your souls But they said We will not walk therein Prov. 24.21 22. My son fear thou the Lord and the King and meddle not with those who are given to change For their Calamity shall rise suddenly and who knoweth the ruine of them both Jer. 21.3 4. c. 17.25 27. Thus saith the Lord Execute ye judgement and deliver the spoiled out of the hands of the Oppressor and do no wrong do no violence to the stranger the fatherless nor the widdow neither shed innocent bloud in this place For if ye do this thing indeed then shall there enter into the Gates of this House KINGS PRINCES sitting upon the Throne of David riding in chariots and on horses they and their PRINCES the men of Iudah and the inhabitants of Ierusalem and this City shall remain for ever But if you will not hearken unto me c. then will I kindle a fire in the gates thereof and it shall devour the PALACES of Ierusalem and it shall not be quenched FINIS An Omission in pag. 30 l. 7. RAnulph de Glanvil Chief Justice under King Henry the 2. In his Tractatus de Legibus et Consuetudinibus Regni Angliae written in the 33 year of his reign hath this memorable passage relating to the Parliamentary Councils in that age l. 2. c. 7. Est autem magna Assisa REGALE QVODDAM BENEFICIUM CLEMENTIA PRINCIPIS DE CONSILIO PROCERUM POPVLIS INDVLTUM to wit in a Parliamentary Council of the King and Lords without any Commons quo vitae hominum et status integritati tam salubriter consulitur ut in jure quod quis de libero soli tenemento possidet retinendo duell● casum declinare possunt homines ambiguum c. Ex aequitate autem maxi● prodita est LEGALIS ISTA INSTITUTIO Jus enim quod post multas longas dilationes vix evincitur per duellum per beneficium ISTIUS CONSTITUTIONIS commodius et acceleratius expeditur By which it is evident that the Grand Assize was no original Processe or Trial at the Common Law but a legal institution and beneficial constitution proceeding from the Grace of the Prince and indulged to the People BY THE COUNSEL OF THE LORDS assembled together in a Parliamentary Council which Lib. 2. c. 9. Glanvil stiles Recordum per Assisam DE CONSILIO REGNI inde factum for the speedier and better recovery of their freeholds without endangering their lives by a Duel to recover them which was fuller of delays but less certain and more unjust than a recovery by verdict in this new