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A62388 The power of the Lords and Commons in Parliament in point of judicature briefly discours'd At the request of a worthy member of the House of Commons. Scobell, Henry, d. 1660. 1690 (1690) Wing S927A; ESTC R222133 4,187 4

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Kings Half Brother had aggrieved the State by his formidable Insolence he was banished by the joynt sentence of the King the Lords and Commons And this appeareth expresly by the Letter sent to Pope Alexander the Fourth who expostulated a Revocation of him from Exile because he was a Church-man and so not Subject to any Censure In This the answer is Si Dominus Rex aut Majores Regni hoc vellent meaning his Revocation Communitas tamen Ipsius Ingressum in Angliam jam Nullatenus sustineret though the King and Lords should consent to his Revocation yet would the Commons never allow of it The Peers Subscribe this Answer with their Names and Petrus de Mountford vice Totius Communitatis as Speaker or Proctor of the Commons For by that Stile Sir John Tiptoft Prolocutor affirmeth under his Arms the Deed of Entail of the Crowns by King Hen. the fourth Charta Orig sub Sigil An. 8. H. 4. in the eighth year of his Reign for all the Commons The Banishment of the two Spencers in the fifteenth of Edw. 2d Prelates Comites Barones les autres Peeres de la Terre Communes de Royalme the Prelates Earles and Barons and the rest of the Peers of the Realm and Commons of the Land do give Consent and Sentence to the Revocation and Reversement of the Former Sentence the Lords and Commons accord and so it is express'd in the Roll. In the first of Edw. the 3d. when Elizabeth the Widdow of Sir John de Burgo complained in Parliament Rot. parl 15. Ed. 3 vel 2 that Hugh Spencer the Younger Robert Boldock and William Cliffe his Instruments had by Duresse forc'd her to make a Writing to the King whereby she was despoiled of all her Inheritance Sentence is given for her in these words Pur ceo que avis est al Rvesques Counts Barons autres Grandes a tout Cominalte de la Terre que le discript est fait contre Ley tout manere de Raison si faist le dit Escript per agard del Parliament dampue alloquens al livre a la dit Elixabeth Forasmuch as it appeareth unto the Bishops Earls and Barons and all the Comonalty of the Land that the said Writing was made against all Law and Reason it is adjudged by Parleament c. In An 4 Ed. 3 it appeareth by a Letter to the Pope that to the Sentence given against the Earl of Kent the Commons were Parties as will as the Lords and Peers for the King directed their Porcedings in these words Comitibus Eagnatibus Baronibus aliis de Communitate dicti Regni ad parliementum illud congregatis injunximus ut super his discernerent judicarent quod Rationi justitioe conveniret habere proe Oculis solum Deum qui eum concordi unanimi sententia tanquam Reum criminis loe soe Majestatis mori adjudicarent ejus sententia c. Prela Parliam 1. Ed. 3. Rot. 11. We have commanded the Earls Peers Barons and others of the Commonalty of the said Realm assembled in Parliament to determine in this matter according to Reason and Justice having only God before their Eyes and by an unanimous consent they have sentenced him to death as guilty of High Treason When in the 50th year of Ed. 3. the Lords had pronounc'd the Sentence against Richard Lions otherwise than the Commons agreed Parl. An. 5. Edw. 3. they appealed to the King and had Redress and the Sentence entred to their Desires When in the first Year of Richard the Second William Weston and John Jennings were Arraigned in Parliament for surrendering certain Forts of the King 's the Commons were Parties to the Sentence against them given Parl. An. 1. Rich. 2.11.3.8 3.5 as appeareth by a Memorandum annexed to that Record In the first of Hen. the Fourth although the Commons referre by Protestation the pronouncing of the Sentence of Deposition against King Richard the Second unto the Lords yet are they equally Interressed in it as appeareth by the Record For there are made Proctors or Commissioners for the whole Parliament one Bishop one Abbot one Earl one Baron and two Knights Gray and Erpinghan for the Commons And to infer that because the Lords pronounc'd the Sentence the point of Judgment should be only Theirs were as absur'd as to conclude that no Authority was vested in any other Commissioner of Oyer and Terminer than in the Person of that Man only that speaketh the Sentence In the 2d of Hen. 5. The Petition of the Commons importeth no less than a Right they had to Act and Assent to all things in Parliament and so it is answer'd by the King And had not the adjourned-Roll of the Higher-House been left to the sole Entry of the Clerk of the Vpper-House who either out of neglect to observe due Form or on set purpose to obscure the Commons Right and to flatter the Power of those who he immediately served omitted them there would have been frequent Examples of all Times to clear this doubt and to preserve a just Interest to the Common-Wealth And how conveniently it suits with Monarchy to maintain This Form lest others of that well-fram'd Body knit under one Head should swell too great and Monstrous may be seen with half an Eye it being in my Opinion at least equally Liable to suffer a fresh under an Aristocracy as a Democracy SIR I am Your most humble Servant H. S. FINIS