Selected quad for the lemma: death_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
death_n	duke_n	king_n	richard_n	5,531	5	9.4247	5	false

Text snippets containing the quad

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

Domino Rege in Parliamente sue at the end of each Parliam Roll wherein the King and Lords or only the King and Lords alone generally gave Iudgement of imprisonment fine banishment and death it self even against Cōmoners themselves without the Commons the thing now principally controverted and denied for proof whereof I shall cite some few punctuall presidents and records in stead of many which might be insisted on In the famous Parl held at Claredon x Mat. Paris p. 6 97. M. Seldens Titles of Honor part 2. c 5 p. 703. 705 under K. Hen. 2. 〈◊〉 D. 1164. there was a recognition made of all the ancient Customs of the Realm which all the Prelats Abbots Earls Barons and Nobles swore firmly to observe to the King and his Successors whereof this was one That the Arch-b Bishops and other Clergy men who held of the King in Capite by Barony Sicut caeteri Barones debent interesse JVDCIIS CVRIAE REGIS CVM BARONIBVS * Petrus Bles●sis De Instit Episcopi Bibl Patrum tom 12. par 2. p. 447 quousque perveniatur AD DIMINVTIONEM MEMBRORVM VEL AD MORTEM which proves the power and right of Iudicature even in those times and long before to be setled in the Barons as well in Parliament as in the Sheriffs Tourne and that in case of Commoners as Peers In the Parliament of 4. E. 3. num 1. 2. 3. 4. 5. Roger Mortimer Earle of March a Peer Sir Simon Bereford Knight of Councell and assistant to the said Earle John Mautravers Bose de Bayous and Iohn Deverall for being guilty of the death of Edward Earle of Kent Thomas Gournay VVilliam of Ocle for murthering King Edward the second after his deposition were attainted and condemned of High treason and some of them then in cu●●odie accordingly executed by Iudgement of the Lords and Peeres alone who AS JUDGES OF THE LAW by the Kings consent gave judgement of death against them as the Parliament Rolls more largely relate It is true indeed that after these Judgements given the LORDS the same Parliament num 6. entred this Protestation * See Cooke 2. Instit p. 50. That alboit the Lords and Peers of the Realme AS JUDGES OF THE PARLIAMENT in the presence of the King had taken upon them to give Judgement of such who were NO PEERS OF THE REALM that he eafter NO PEERS should be compelled to give Judgement ON ANY OTHERS WHO WERE NOT THEIR PEERS according to the Law From this Protestation of the Lord which Lilburne principally insists on hee and * Cooke 2. Instit p. 50. some others conolude that the Peers in Parliament have no right at all to imprison fine judge or passe sentence of death against any Commoner for any offence no not for breach of their own Priviledges but only the Commons To which objection I answer First that this is no Act of Parliament as Sir Edwards Cooke mistakes but a bare Protestation of the Lords without Kings or Common● assent and that neither the House of Commons nor the Commoners then attainted of Treason and judged to death by the Lords ever demurred or excepted against their Jurisdiction as Lilburne and Overton doe but acknowledged and submitted to it Secondly That in this very Protestation the Lords professe and justifie their right of BEING JVDGES in Parliament without admitting or acknowledging any joynt or sole right of Judicature with them in Parliament in the Commons Thirdly That this Protestation was meerly voluntary not in derogation but preservation of their own Honour and Peerage and the Parliaments too and the substance of it no more then this That the Lords in Parliament should not bee constrained against their wills by the Kings command and in his presence to give judgement of death in ordinary cases of treason or Felony in the high Court of Parliament against such who were no Peers who in such case● * Magn. Ch. c. 29. 25. E. 3. c. 2. 4. 28. E. 3. c. 3. 37. E. 3. c. 8. 42. E. 3. c. 3. Cooke 2. Instit p. 50 51. by the Law might and ought to be tried in the Kings Courts at VVestminster or before the Iustices of Oyer and Terminer by a Iury of their equalls but onely in such cases which could not well be tried else-where and were proper for their Judgement in Parliament This is the whole summe and sence of their protestation To argue therefore from hence That they cannot passe sentence or judgement against any Commoners in any case proper for their Judicature in Parliament because they protested only against being COMPELLED to g●ve Judgement against such as were no Peers in cases triable else-where and not proper for their tribunall as the Objectors hence conclude is quite to mistake their meaning and to speak rather non-sence then reason or Law Fourthly This Protestation was made only against the Lords giving sentence in Felony and Treason and that in the Kings own presence in Parliament who usually pronounced the Judgement himself with the Lords assent and did not charge the Lords to pronounce it as here hee did not against sentencing fining and imprisoning any Commoner for rayling and Lybelling against their Persons Jurisdiction and proceedings refusing to answer and contemning their Authority to their faces at the Barre and appealing from their Judicature in case of breach of Priviledge of which themselves alone and no others are or can be Judges the case of Lilburne and Overton whose commitments are warranted by hundreds of Presidents in this and former Parliaments Therefore for them to apply this Protestation to their cases with which it hath no Analogy is a manifestation of their injudiciousnesse and folly rather then a justification of their Libellous Invectives against the Lords injustice Lastly this Protestation did not foreclose the Lords in this or future Parliaments to give Judgement against Commoners in other cases of Felony and Treason even without the Commons To prove this by some instances In the Parliament of 1. H. 4. Placita Coronae num 11. to 17. Iohn Hall being in custody of the Marshall of England and brought by him before the Lords in Parliament and there charged by him by VValter Cl●pton Lord chiefe Justice by the Kings command with having a hand in the murther of the Duke of Glocester who was smothered to death with a featherbed at Calayes by King Richard the seconds command the whole relation whereof he confessed at large and put in writing before James Billing ford Clerk of the Crown which was read before the Lords upon reading whereof the King and ALL THE TEMPORALL LORDS IN PARLIAM●NT resolved that the said Iohn Hall by his own confession deserved to have as hard a death as they could adjudge him to because the Duke of Glocester was so high a Person and thereupon TOVTE LES SEIGNEIURS TEMPORELZ per assent du ROY ADJVGGER●N● all the temporall Lords by assent of the King AJVDGED that the said Joh. Hall should be drawn from Tower

Spencers who seduced the King and oppressed the people and principall Pillars of our Laws Liberties as our m Walsingham Holingshed Daniel Speed Stow Grafton Fabian Baker Historians relate at large procured th●se ill Counsellours to be removed from the King even by force of Arms. In 10 11 22. of K. Rich. 2. the Lords were the principall opposers of the Kings ill Counsellours and Tyranny and protectors of the Laws and peoples Liberties to the losse of some of their lives h●ads and estates as our Statutes and Rolls of Parliament in those years and n Walsingham Trussle Fabian Holingshed Grafton Speed Stow. Historians witnesse whence Walsingham writing of the Duke of Gloucester's death murthered by the Kings command at Calice who was the principall Anti-royalist and head of all the Barons useth this expression Thus died this ●●st of men the Son and Earl of a King in quo posita fuere spes solatium TOTIVS REGNI COMMVNITATIS in whom the hope and solace of the Common-wealth of the whole Kingdom were placed who resented his death so highly that in the Parl of 1 H. 4. Hall who had a hand in his murder was condemned and executed for a Traytor and his Head and Quarters hung up in severall places and K. Richard among other Articles deposed for causing him to be murthered Since then our Pe●trs and Nobles have been alwaies persons of greatest valour power estate interest most able and forwards to preserve the Laws and peoples Liberties which they have upon all occasions defended with the hazard and losse of their Lives Liberties and Estates and upon this ground were thought meet by the wisdome of our Ancestors to enjoy this priviledge of sitting voting and judging in Parliament by vertue of their Peerage and Baronnies And since we must all acknowledge that the Lords were the chiefe instruments of calling this present Parliament and were therefore in the Act for Trienniall Parliaments principally intrusted to summon and hold all future Parliaments in the Kings and Lord Chancellours or Lord Keepers defaul●● and were very active in suppressing the Star-chamber High-Commission Councel-Table Prelats and other grievances and those who first appeared in the Wars against the King and his party to the great encouragement of others witnesse the deceased Lord Generall Essex Brooke Bedford Stamford Will●ngh by Lincolne 〈◊〉 Manchester Roberts and others it would be the extremity of folly ingratitude and injustice to deny our Peeres this Priviledge and Honour now which their Ancestors have purchased at so deare a rate and a meanes to dis-ingage them for ever from the Commons and Republike for such an high dishonour and affront Thirdly our o See Master S●ld●us Titles of Honour Part 2 chap. 5. and Coke 4. instit p. 1. Nobles are persons of greater Estates Families Fortunes then others and have more to keep and lose then other ordinary Commoners and therefore have greater interest in the Common-wealth and State-affaires then they And therefore our Ancestors thought it meet and just that they should have this priviledge among others above ordinary Commoners to be present in all our Parliaments by Writ onely and that of right ex debit● justitiae and not by election as Knights Citizens and Burgesses are being persons of meaner estate and quality and present in Parliament onely in the right of others who elect them not in their owne right as the Lords are whose estates anciently were far more worth then many whole Burroughes put together and their families retainers and followers far more in number And so their engagements to maintaine the Lawes Liberties and Properties of the Subject greater then inferiour mens Fourthly It is one principall property of Members of Parliament to be p Coke 4. Inst p. 3. constant stout inflexible and not to be bowed or turned from the right and publike good by feare favour promises rewards Now Peeres of noble birth and education and more generous heroick spirits then the vulgar sort of men are not so apt to be over-awed with regall threats terrified with menaces tempted with honours preferments and wealth which they already injoy in a higher proportion then others nor seduced with rewards and private ends from the common good and interest wherein their honour wealth and safety are imbarqued as ordinary Commoners and men of meaner ranke and fortunes as experience of former Ages and this present manifests Therefore it was thought just and reasonable by our Ancestors these Nobles in this regard should sit in Parliament in their owne rights * Modus tenendi Parliam Vowel Coke 4 Inst c. 1. without the peoples election and to leave the people to elect such other persons to represent and vote for them in Parliament in whom they most confided Fiftly our Peeres in Parliament * 12 R. 2. c. 1● 23 H. 6. c. 11. 9 H. 6. c. 16. 31 H. 8. c. 11. 50 E. 3. n. 209. 1 R. 2. n. ● 37. though they serve for the common good of the whole Kingdome which have alwayes trusted in them in matters of counsel Judicature and making Laws yet they represent up persons but themselves onely and beare their owne expences Wherefore there is no shadow of reason why the people should elect them since they doe not represent them nor pay them wages as they doe to their Knights Citiz●ns and Burgesses who serve for and represent them and therefore ought in reason right and justice to be elected by them And therefore they may as well argue That our Nobles ought to be elected by the people to their Lands and Estates which descend unto them from their Ancestors not from the common people as to sit in Parl●ament by the peoples election onely to represent themselves in their own right not the people in theirs And that the Knights of the Shire ought to be elected to their dignity of Knighthood which the King onely confers on them and to their Lands and Freeholds which they enjoy in their owne right because they are elected by the Free-holders to sit in Parliament in their right who elected them not their owne alone which Barons doe not By all which premisses it is most apparent That our Lords and Barons sitting and voting in Parliament who if you take them poll by poll have in all ages been more able Parliament men and States-men in all respects then the Commons though chosen by the people who alwayes make choice of the best and wisest men as experience manifests is not onely just and lawfull in respect of Right and Title but originally instituted upon such grounds of Reason and Policy as no rationall nor understanding man can dislike or contradict but must subscribe to as necessary and convenient and so still to be continued supported in this their Right and Honour to moderate the Excesses and Encroachments both of King and Commons one upon the other keep both of them within their just and ancient bounds for the Kingdomes peace

hill unto the Gallows at Tiburn there kenelled his bowels laid before him and after he should be hanged beheaded and quartered and his head sent to Calayes where the murther was committed and his quarters sent to other places where the King should please and thereupon command was given to the Marshall of England to make execution accordingly and it was so done the same day Lo here the Lords in Parliament g●ve judgement against a Commoner in case of a murther done at Calayes and so not triable at the Kings Bench but in Parliament and passe a judgement of High treason on him for murthering of a great Peere only And which is most remarkable all the Commons In this very Parliaments of 1 H. 4. nu 70. Nov 3. made their Protestation and further remonstrated to the King Nota. Com LES JVGGEMENTS DV PARLEMENT APEIRTEIGNENT SOVLEMENT AV ROY ET AS SEIGNEIVRS ET NIENT AS COMMVNES how the judgement of the Parl. appertained ONLY TO THE KING and TO THE LORDS and NOT VNTO THE COMMONS except in case it should please the King OF HIS SPECIALL GRACE to shew unto them the said JVDGEMENTS purcase de eux que null record soit fait in Parlement encoutreles ditz Communes quill soit ou serront parties ascunes juggements donez ouadoues en Apres in Parlement Whereunto it was answered by the Archbish of Canterbury by the Kings command how the said Commoners are petitioners and demanders and that THE KING THE LORDS de tont temps ont eves et aueront DE DROIT LES JVGGEMENT EN PARLEMENT en manere come me me les communes ount monstres HAVE ALVVAYES HAD AND SHALL HAVE OF RIGHT THE JVDGEMENTS IN PARLIAMENT in manner as the Commons themselves have declared except in making Statutes or in making Grants and Subsidies or such things for the common profit of the Realm wherein the King will have especially their advice and assent and that this order of proceeding shall be held and kept IN ALL TIMES TO COME By which record in Parliament it is apparent by the House of Commons own confession First that the Judgements in Parliament even in cases of Commoners appertain ONLY TO THE KING and LORDS in the affirmative Secondly that they appertain NOT TO THE COMMONS in the negative Thirdly that the King and LORDS HAVE ALWAYES HAD and ENJOYED THE RIGHT of Judgements in Parliament Fourthly that they should alwayes hold and enjoy this Right IN ALL TIMES TO COME Fifthly that the Commons speciall advise and assent was and is required by the King in Parliament only in making of Statutes Grants and Subsidies and such like things for the common profit of the Realm So full and punctuall a Parliamentary decision of the present controversie as is uncapable of any answer or evasion In the Parliament Roll of 17. y See Cook 3. Instit c. 2. p. 22. R. 2. num 20. 21. John Duke of Gayen and of Lancaster Steward of England and Thomas Duke of Glocester Constable of England the Kings Uncles complained to the King that Thomas Talbot Knight a Commoner and no Peere with other his adherents conspired the death of the said Duke in divers parts of Cheshire as the same was confessed and well known and prayed that the Parliament might judge of the faul● to wit whether it were treason according to the clause of the Statute of 25 E. 3. c. 2. It is accorded that if any other case supposed Treason which is not above specified doth happen before any Justices the Justices shall tarry without any going to judgement of the Treason till the cause be shewed and declared before the King and His Parliament whether it ought to be judged Treason or Felony whereupon the KING and THE LORDS IN THE PARLIAMEN● without the Commons though in case of a Commoner ADJVDGED THE SAME FACT TO BE OPEN and HIGH TREASON and thereupon they award two writs the one to the Sheriffes of Darby to take the body of the said Sir Thomas retornable in the Kings Bench in the moneth of Easter then next following and open Proclamation was made in Westminster Hall upon the Sheriffes return and the next coming in of the said Sir Thomas that the same Thomas SHOVLD BE CONVICTED OF TREASON and incurre the losse and pain of the same and that all such as should receive him after the same Proclamation should incurre the same losse and paine Sir z 3. Instit p. 22. Edward Cooke relating this Judgement addes his own opinion at the end That this judgement wanting the assent of the Commons was no Declaration of Treason within the Act of 25. E. ● because it was not by the King and his Parliament according to this Act but by the King and Lords ONLY But the record of Parliament and the Judges and Commons then admitted it to be good and processe issued out and judgement was given accordingly the parties concerned taking no such exceptions to it See 21. R. 2. n. 15. 16. So that this Record is a pregnant evidence That the King and Lords are the sole Judges in Parliament in the case of Commoners even in declaring and judging what is or what is not treason within the Statute of 25. E. 3. because the Commons are no Iudges in Parliament and so cannot Iudge or declare unles in a legislative way by Act of Parliament what is Treason or Pelony but the King and Lords alone To put this out of question I shall cite one notable record more to this purpose a Cooke 3. Instit p. 22. c. 1. p. 10. In the Parliament of 5. H. 4. 11. 12. on the 8. of February the Earle of Northumberland came before the King Lords and Commons in Parliament and by his Petition to the King acknowledged that he had done against his Lawes and alegiance and especially for gather of power and giving of Liveries for which he put himselfe upon the Kings grace and prayed pardon the rather for that upon the Kings Letters he yielded himselfe and came to the King at Yorke whereas he might have kept himselfe away Which Petition by the Kings command was delivered to the Justices to be examined and to have their counsell and advice therein Whereupon the LORDS made a Protestation que le Juggement appertient aeux tout soulement THAT THE JUDGEMENT APPERTAINED ONLY TO THEM And after the said Petition being read and considered before the King and the said Lords as Peers of Parliament a queux tells ●uggementz apperteignent DE DROIT TO WHOM SUCH JUDGEMENT APPERTAINED OF RIGHT having had by the Kings command competent deliberation thereupon and having also heard and considered as well the Statute made in the 25. yeare of King Edward the Kings Grand-father that now is concerning the Declaration of treason as the Statutes of Liveries made in this Kings raigne ADJUDGED that that which was done by the said Earle contained within his Petition was neither Treason nor Felony but Trespas for which