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A92295 Reasons why the House of Commons ought in justice forthwith to suspend the members charged by the army, from sitting in the house, and to proceed in judgment against them. Or else the city is obliged by way of requitall to help the army to justice upon them. 1647 (1647) Wing R589; Thomason E396_1; ESTC R201639 10,353 15

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REASONS why the House of Commons ought In Justice forthwith to suspend the MEMBERS Charged by the Army from sitting in the House And to proceed in Judgment against them Or else the City is obliged by way of requitall to help the ARMY to justice upon them London Printed in the Year 1647. REASONS why the House of Commons ought In Justice forthwith to suspend the Members charged by the Army from sitting in the House and to proceed in Judgement against them Or else the City is obliged by way of requitall to help the Army to Justice upon them WHerein to speak with all due Reverence to the Honorable House the question rightly stated will be thus Whether it be any breach of priviledg to require such a present suspention for such reasons and matters which are already fully known to the House having been acted in the House or there examined and fully proved Or whether those other high misdemeanors charged against them ought first to be proved which will require some time and I conceive that there ought to be an immediate and present Sequestration of their persons from that great Counsel and that I may make forth this truth for the satisfaction of the intelligent Reader in point of rational conviction grounded upon the Laws of this Kingdom I shal premise a few Considerations and argue the point as in quiet times upon the Law of the Land which is the only rule of justice in times of peace 1. That it hath ever been the course of all arbitrary Courts not to suffer their priviledges to be questioned nor to be known to any but to themselves that so when they are minded to oppress any Clyent if they be non-plust in point of reason they may fly to the course of the Court and say it is but the priviledg of the Court as King James in his speech in the Star-chamber saies that the priviledges of that Court were so transcendent that they were not to be disputed by common Lawyers and charged the Chancellor to check the presumptuous boldness of such Lawyers as durst argue and dispute of the limits and extents of his Prerogative and the decapitated Archbishop in the high Commission Court made an express Inhibition that no Minster should preach of Predestination and matters of such high concernment and formerly in the Court of Wards he that argued for the King to finda Tonure to fetter and clog the subjects Lands could never want a reason for if neither Common Law nor Statute law not Custom not the Kings Prcrogativo could carry it then it was the priviledg of the Coure so to do that if the Counsel should say give my Client what is his due by the Common Law then sayes the Court give us what is our due by the priviledg of the Court the Honor and Rites whereof we sit here to maintain and upon that ground the Papists made marriage a Sacrament that if Caesar should say give me my due marriage belongs to the Civil Magistrate the Answer is give God his due Sacraments belong to the Church and so it was in our Spiritual or rather Carnal Courts when the unreasonableness of Excommunication for trifles was objected oh t is ' the priviledg of the Court so to do But blessed be God the subject is well infranchised in these Particulars and yet King Charls must have his due the Army have declared their desires therein and his Majesty saies he desires no more and certainly he deserves no less I cannot but observe what plotting there is to make the Kings late party beleeve that his Majesty dislikes the Armies proceedings one B. Rheymes informing the Right Honorable the House of Peers thereof a Relation was printed by Order as was but just for every Court gives indubitate credence to informations 〈◊〉 the contrary appear or 〈…〉 〈…〉 every 〈…〉 to consider of the improbability of it that the King should desire private conference with 〈◊〉 stronger for the 〈◊〉 was never any Courtier nor so much as known to the King is very strange to me and the Relation indeed is repugnant in it self for my own part I think it is something like the Romish Translation and not a word of 〈◊〉 true for I find the Areny expressing the contrary and where his Majesties best interest and hopes lie I refer the Reader to the Kingdoms 〈◊〉 lately printed with this that King Charls shal be King of Pree men governing according to just and whole some Laws by which to command one man is more honorable in the Judgment of men that are truly so then to have absolute power of life and death over ten thousand Galley slaves 2. Concerning the Pavliament priviledges there are very few Cases printed in any Law books the Houses have always been the proper Judges of their own Proviledges the Journal books and books of Remembrances and Orders in both Houses being matters of Record and Registers of their Priviledges and Proceedings and when a special case happen for which there is no President then right Reason must be judg For the Honerable House of Commons the represenvdtive body of the Kingdom the priviledges of that House are great for Parliament are must being the greatest 〈…〉 in the Kingdom the Trustees must have inswrabld Priviledges now a Priviledg is private 〈◊〉 an Exemption from some general Law for the ease and benefit of the priviledged party and a private Law must be 〈◊〉 as well as a publick Law but the power of the House is far above the priviledg of the House they being impowered for the common good and themselves priviledged for the better carrying on of the same The first day of Parliament M. Speaker in his speech to the King alwayes concludes with a prayer in the name of the House that they may enjoy their ancient and undoubted priviledges the essentials whereof are Three First freedom from Ar●es●● for themselves their necessary servants 2. Freedom of debate the very life of Counsels 3. That they may not be drawn 〈…〉 but ●yed by themselves unless for Treasons or Felonies which are apparently so as if a Member should kill a man there is no question but he ought to be tryed by the Common Law which is the common arbiter of life and death This being laid as a substratum and ground-work I conceive thereby that if any considerable number of men free from all faction and conspiracy shal by Petition or Remonstrance which is an humble way make a complaint to the House of Ten or Twenty of the Members charging them with high misdemeanors and amongst the rest that they by artisicial practises seduce the House and poyson the very fountain of Justice that they cause divisions between the Parliament and the Kingdom and such men as have given most large testimonies of their cordial affections to the Parliament and Kingdom and are ready to aver and make good their Charge praying that the parties may be suspended from voting in the House for the present