Judg. 17.2 3 4. Exod. 22.1 to 16. Levit. 6.4 5. ch 24.17 to 22. ch 25.27 28. Judg. 11.12 13. 1 Sam. 12.3 4. 2 Sam. 9.7 ch 12.5 6. ch 19.9 to 43. 1 Sam. 7.13 14. 2 King 14.22 Ezra 1.7 8 9 10 11. ch 6.5 which warrant the judgement and restitution they then awarded together with this memorable Act of resumption of the Crown Lands Rents and Revenewes alienated and given away by King Stephen to many Lords and Soldiers to maintain his usurped Title to be just King Henry the 2d Anno 1155. Praecepit eacum omni integritate infra tempus certum a quibuscunque deteâ—toribus resignari in jus statumque pristinum revocari Quidam vero indies carâ—as quas a Rege Stephano vel extorserant vel obsequiis emerant quâ—bus tuti forent protulerunt pleading them in barre against the Kings resumption Quâ—bus fuit a Rege responsum and let those who have purchased or gotten any of the Crown Lands Rents Revenewes by gift or otherwise now remember it Quod carâ—ae Inbasoris praejudicium legitimo Principi minime facere deberent Primo ergo indignati deinde territi consternati aegre quidem sed integre Usurpata vel diu tanquam solido â—ure detenta omnia resignarunt their Charters being all adjudged voyd eisdemque instrumentis minime tuti esse potuerunt as Nubrigensis and Brompton inform us The great and long suit between William de Stutevill and William de Moubray which had continued many years in the Kings Courts concerning the Barony of Moubray was ended in a Parliamentary Council by a final award there made between them that William de Stutevil should release all his right and claim to the Barrony to William de Moubray hee giving him nine Knights fees and twelve pounds Annual Rent for this release cumque super hoc diu certatum esset tandem Anno 1200. the 2d of King Johns Reign concilio Regni et voluntate Regis pax finalis concordia facta est inter praedictos as Roger de Houeden relates who records the agreement at large King Henry the 3d. Anno 1236. in a Parliamentary Council held at York Consilio sultus Magnatum Regni ended the controversie between himself and Alexander King of Scots touching the Lands King John had granted him by his Charter in Northumberland ratified by the subscriptions and assents of his Nobles Earles and Barons Anno 1237. Rex scripsit omnibus Magnatibus suis to appear before him and the Popes Legat at York de arduis negociis regnum contingentibus tractaturis where the difference between King Henry the 3d. and the King of Scots summoned to be present at this Parliament touching his Lands in England were finally determined and a firme peace made between them the King of Scots being to receive three hundred pound lands a year in England sine castri constructione homagiumque Regi Angliae faceret faedus inter eos amicitiae sanciretur hoc se fideliter facturum Regi Angliae conservaturum juraret After this Anno 1244. King Henry summoning all the Bishops Abbots and lay Barons to present all their military Services to him marched with a great army to New-Castle against the Scots who had fortified two Castles harboured rebels against the King and made a peace with France against their former Covenant and League VVhere to avoid the effusion of Christian blood which will cry to God for vengeance congregata Vniversitate Angliae Nobilium apud memoratum castrum tractatum est diligenter super tam arduo negotio Concilio habito circa Assumptionem beatae Maria dligentissimâ— Wherein the NOBLES made an agreement between the Kings of England and Scotland Alexander King of Scots by his special Charter recorded in Matthew Paris promising and swearing for him and his Heirs to King Henry and his Heirs quod in perpetuum bonam fidem eis servabimus pariter amorem c. Most of the Prelates Earles and Barons of Scotland sealing the charter with their Seals and swearing to observe it inviolably as well as their King In the Parliaments of 18 20 21 31 33. Ed. 1. There were many Pleas and Actions for Lands Rents and civil things as well as criminal held before the King in Parliament and adjudged resolved in these Parliaments by assent of the King and advice of the Lords the Kings Judges and Council learned in the Laws there being a large Parchment Volume of them in the Tower of London where all may peruse them some of them being also entred on the dorse of the Clause Rolls of these years Pasche 21. E. 1. Banco Regis Northumberland Rot. 34. John le Machon a Merchant lent a great summe of mony to Alexander King of Scots who dying his Son and Successour refused upon petition to pay it Whereupon hee appealed to the King of England for right propter suum supremum Dominium Scotiae Thereupon the Sheriffs of Northumberland by the Kings command accompanied with four men of that County went into Scotland to the Scots King and there personally summoned him to appear in England before the King of England to answerr this Debt After which all parties making default at the day the Merchant was amerced The King of Scots afterward appeared before the King but at the first time refused to answer at last hee desired respite to bee given him that he might advise about it with his Council of Scotland promising to appear at the next Parliament and then to give his answer And in Placit coram Rege Trin. 21. E. 1. Scotia there is an Appeal to the King of England between subjects of Scotland in a civil cause tanquam superiori regni Scotiae Domino And Clauso 29. E. 1. dorso 10. there is a letter of all the Nobles in Parliament to the Pope de Jure Regis in regne Scotia forecited p. 127 128. and Claus 10. E. 3. dorso 9. The King of Scots is stiled Vassallus Domini Regis Anglia It appears by Claus 5. E. 2. M. 30. that in a Parliament held at Stanford 3. E. 2. a business touching Merchandize and a Robbery on the Sea was heard and decided before the King and Lords in Parliament between the Earle of Holland who sent over a Proctor about it and others Claus 8. E. 2. m. 15. The Petition of David Earle of Ascelos in Scotland by the Kings command was read in full Parliament before the Prelates Earles and Barones that hee might be restored to his inheritance in Scotland to which it was answered by all their Assents that his inheritance was forfeited by his Ancestors for offences by them committed c. but yet the King would give him some other Lands for it In Claus 12. E. 2. it appears that the Popes Legate came into the Parliament and petitioned the King and Lords for a Legacy given by the Bishop of Durham Patriark of Jerusalem lately dead for which the King by assent of the
ad ipsum Regem confirmationem omnium istorum sub sigillo suo tanquam ab eo qui 〈…〉 â—tus erat cedendum malitiae temporis censuit obtinuerunt Pro eonfirmatione et harum rerum omnium dedit populus Anglicanus Regi denarium nonum bonorum suorum Clerus vero Cantuariensis Decimum et Clerus Eboracensis Quintum qui propiordamno fuit So Walsingham truly relates the History of this transaction These Statutes thus obtained by the Earls and Barons from the King are printed in our Statutes at large with the excommunication of the Prelates then denounced against the infringers of them in Rastals Abridgement of Statutes Sir Edward Cooks 2 Institut p. 527. to 537. being thus intituled Confirmationes Chartarum de Libertatibus Angliae et Forestae et Statutum de Tallagio non concedondo made both in the 25 year of Edward 1. not in the 34 as our Statute books and Sir Edward Cook misdate the latter of rhem The differences between the King these Earls and Nobles touching these liberties with his confirmation of them and the aid granted him for the same are likewise recorded in the Patent Roll of 25 Ed. 2. par 2. m. 6 7 9. And Claus 25 E. 1. m. 2.5.14.18.76 dors there are sundry Writs and Proclamations sent to all the Sherifs for the keeping of Magna Charta in all its articies and to the Bishops to excommunicate the Infringers of them agreeing with Walsinghams relation Anno 1299. the 26 of King Edward the first the king holding a Parliament at York the foresaid Earls because the Confirmation of the Charters forementioned was made in a forein land requested that for their greater security they might be again confirmed by the King in England which the Bishop of Durham and three Earls engaged he should doe upon his return out of Scotland with victory Whereupon this King the next year being the 27 of his reign holding a Parâ—iament at London Ubi rogatus a Comitibus saepe dictis ut Chartarum confirmationem renovaret secundum quod in Scotia promiserat post aliquas dilationes instantiae eorum acquievit hac additione Salvo jure Coronae nostrae infine adjecta Quam cum audissent Comites cum displicentia ad propria recesserunt sed revocatis ipsis ad quindenam Paschae ad votum eorum absolute omnia sunt Concessa And thereupon the Statutes intituled Articuli super Chartas 28 E. 1. in our printed Statutes and Cooks 2 Institutes whereas it should rather be 27. were then made and published by these Earls and Nobles procurement and Writs sent to all the Sherifs De quibusdam Articulis in MAGNA CHARTA contentis Chartae de Foresta Henrici Patris nostrae observandis Rot. Claus 27. E. 1 m. 17. And Pat. 28 E. 1. m. 14. Commissions are sent into all Counties de Artic. in mag Chart. content Stat. Regis apud Winton edita observandis and that whosoever did not observe every Article should be punished per imprisonamentum redemptionem vel amerciamentum secundum quod transgressio exigeret there being no certain way of punishment before ordained And Claus 28 E. m. 7 8. There are Writs sent to every Sherif to read proclaim magna Charta in his County 4 times every year to proclaim Articulos super Chartas à Rege populo concessos But the Execution of the Articles of the Forest being deferred notwithstanding these Proclamations thereupon King Edward held a Parliament at Stanford the 29 year of his reign ad quod convenerunt Comites et Barones cum eqnis et armis eo prout dicebatur proposito ut executionem Chartae de Foresta hactenus dilatam extorquerent ad plenum Rex autem eorum instamiam importunitatem attendens eorum voluntati in omnibus condescendit To omit all other Presidens these forecited abundantly evidence the gallantry stoutness heroical courage care vigilancy of the Lords in all our Parliamentary Councils to maintain and defend the fundamental Liberties Properties Great Charters of the Realm and to perpetuate them to posterity without the least violation to vindicate re-establish them when infringed and to withstand oppose all unjust aids taxes subsidies when either demanded levied exacted by our Kings though in cases of pretented or real necessity to supply their wants maintain their wars and protect the Realm from forein enemies I shall only produce three of four Historical Presidents more demonstrating what great Curbs Remoraes Obstacles some particular potent Noblemen of great estates alliance publike spirits have been to the exorbitant arbitrary wills power proceedings of our Kings who most endeavoured openly to subvert or cunningly to undermine our publike Laws and Liberties Mat. Paris speaking of the death of Geoffry Fitz-Peeter one of the greatest Peers of that age writes thus of him This year Anno 1218. Geoffry Fitz-Peeter Chief Justice of all England a man of great power and authority TO THE GREATEST DETRIMENT OF THE KINGDOM ended his dayes the 2. day of Octob. ERAT autem FIRMISSIMA REGNI COLUMNA for he was the most firm pillar of the Kingdom as being a Nobleman expert in the Laws furnished with treasures rents and all sort of goods and confederated to all the great men of England by blood or friendship whence the King without love did fear him above all men for he governed the reigns of the Kingdom Whereupon after his death England was become like a ship in a storm without an helm The beginning of which tempest was the death of Hubert Archbishop of Canterbury a magnificent and faithfull man neither could England breath again after the death of these two When K. John heard of Fitz-Peeters death turning to those who sate about him He said By Gods feet now am I first King and Lord of England He had therefore from thenceforth more free power to break his Oaths and Covenants which he had made with the said Geoffry for the peoples Liberty and Kingdoms peace Such Pillars and Staies are great and stout Peers to a Kingdom and Curbs to tyrannical Kings which caused Vortigern the British Kingâ— who usurped the Crown with the treacherous murder of his Soveraign Nobiles deprimere et moribus et sanguine ignobiles extollere quod maximè regiae honestati contrarium est to secure his throne thereby against their predominant power as other Usurpers and Tyrants since have done Therfore of meer Right they ought to have a place and voice in Parliaments for the very Kingdoms safety and welfare without the peoples election William Duke of Normandy having slain the Usurper King Harold with many thousands of Englishmen in the field routed his whole Army and caused the City of London and most parts of England to subject themselves unto him as their Soveraign out of base fear thereupon Stigand Archbishop of Canterbury and Eglesine Abbot of St. Augustine chief Peers of the Realm and Lords and Governors of Kent to preserve themselves their Country Laws and
in barr of the Writs of Summons directed to them because those writs themselves did ennoble and make them their posterity successors Peers of Parliament though they held no Lands by Barony 8ly it is undeniable by sundry presidents that the Kings general writs of Summons create none Lords or Peers of Parliament for life or Inheritance if they hold not by Barony which I shall evidence by these presidents in point To the Parliament of 49 H. 3. there were no less than 64 Abbots 36 Priors the Master of the Temple and 5. Deans of Cathedral Churches namely of York Exeter Salisbury Lincoln Bath and Wells summoned by general writs as the Bishops Earls Barons and other Nobles were yet this did not make themselves nor their Successors Barons or Peers of Parliament for neither of these Deans nor their successors were ever afterwards summoned to Parliament as they would and must have been had this writ made them or their successors Barons and Lords nor any of the Abbots or Priors but such only who held by Barony who were constantly summoned but those who then held not by Barony or Militare servitium if casually summoned to one Parliament were yet upon their complaints thereof omitted and discharged in the next as the Writs of Summons themselves attest and Mr. Selden manifests out of them Therefore the Writs did neither create them Barons for life much less their successors after them for then they should still have of right been summoned to succeeding Parliaments and ought not to have been discharged In the 18 of Ed. 2. A Writ of Summons was sent by the King Magistro Gilberto de Middleton Archidiacono Northampton Officiali Curiae Cantuariensis Magistro Roberto de Sancto Albano Decano de Arcubus London But no writ was ever directed to them afterwards but in this one Parliament only therefore it made them not Lords and Barons for life inheritance or succession The like is evident by the forecited presidents of the Abbots of St. James Leicester and other Priors So the Gardians of the Spiritualties of Bishops during the vacancy and their Vicars Generals during their absence beyond the Seas have been frequently summoned to Parliaments by writs But being summoned only as substitutes or in the right of the Bishops or Bishopricks it made them no Barons or Peers neither were they ever esteemed such heretofore or at this day as Mr. Selden informs us And as it was thus amongst Abbots Priors Deans and other Clergy-men that these writs made them not Barons for life nor yet in succession so by the selfsame Law and Reason they made no Laicks who held not by Barony such for life or inheritance Whence we find many such in the summons to Parliament of King Henry 3. Ed. 1 2 3. R. 2. H. 4 5 6. who were summoned once twice or thrice but never afterwards nor any of their name or posterity of which no other solid reason can be given but that these general writs of summons made them neither Barons for life nor inheritance no more than they did Abbots Priors or Clergymen For example I find Edmond Barstaff Robert de Crendon H. Huse Ader de Estlye Serton de Hansladorn and sundry others summoned by Writ to Parliament in 33 E. 1. Peter Corbet Andrew de Hamloe Henry Tregor Maurice de Buen Roger Banuent and some others in 13 E. 2. Simon Ward Henry Dandle William Blunt in 4 E. 3. Roger de Claudes Ralph de Bevil William de Kineston in 14 E. 3. Ralph Bulmer Thomas Bugworth in 22 E. 3. William de Ridehal in 27 E. 3. Robert de Colvil John de Kirton John de Wodhurst John Northwood John de Strivelin in the Parliament summons of 37. and one of them again of 38 E. 3. Henry Quarts in 6 H. 4. Henry Cuart in 7 H. 4. William Cheyney Chief Justice in 4. 6 H. 6. But neither of their persons nor any of their posterity were ever after summoned that I find to any other Parliaments as no doubt they would have been had those their writs of summons made them Lords and Barons In the Clause Roll of 5 E. 3. m. 12. dorso the King sent writs into Ireland to William de Burgh Earl of Ulster James de Botâ—ler Earl of Ormond William de Bremigham Knight and Walter de Burgh strictly enjoyning them with all speed to come over into England Nobiscum tractaturi vestrumque Consilium impensuri concerning his intended Voyage in person into Ireland and setting the peace and affairs therof and I read in the reign of King Henry 3. Edward the 1. 3. and other of our Kings that the King of Scots and his Nobles were oft summoned by Writs to our English Parliaments concerning the affairs of Scotland yet these writs made none of them Peers and Barons of our English Parliaments From all which I may safely conclude Sir Edward Cooks and others Opinions to be no Law but a clear mistake that a general writ of Summons doth or can create any who hold not by Barony Peers or Barons for life much less in fee or fee-tayl Therefore such may be afterwards elected Knights or Burgesses of Parliament and be Members of the Commons house and refuse to sit or serve in the Lords house upon summons without contempt or fine but no Baron or Peer of the Realm may be thus chosen or neglect his service in the Lords house Finally Mr. Cambden in his Britannia p. 120 122. Apologia p 11. and Mr. J. Selden in his Titles of Honour part 2. chap. 5. Sect. 31. p. 708. to 718. assert That as some Spiritual Barons who were conceived to be Barons by writ as well as by tenure though sometimes summoned to Parliament by writ were wholly omitted at length as not having of right Voice and Place with the rest because they held not by Barony So sundry of the Lesser Barons and Tenants in Capite holding only of the King as Vavasors by Knights service and not by an intire Barony were likewise excluded the Parliament and not summoned thereunto by King John Henry the 3. Edw. the 1. being not great and honourary Barons nor having estates sufficient to support that dignity and that as Mr. Selden conceites by some Law made not long before the Great Charter of King Iohn procured by MAJORES BARONES who foreseeing that their power and dignity might suffer much diminution if the new tenants in chief or Patentees of Escheated Baronies and the rest that were decayed should have equality with them and be indifferently Barons of the Kingdom every way as they were procured a Law in some of the Parliaments that preceded the Great Charter of King John by which themselves only should hereafter be properly stiled summoned as BARONS and the rest only Tenants in chief or Knights which Titles shold be given them as distinct names from Barons which could not but much lesen the dignity and honor of the rest
suas By this notable president it is most apparent That the Peers and Barons in Parliament were then the sole and only Judges and gave judgement in it That Peers in the Confessors reign and before were only to be tried judged by their Peers and that their Judgement and resolution was binding even to the King himself who ought to assent to and confirm their judgements given in his own Appeal and particular cases In the year of our Lord 1051. this Earl Godwin refusing to execute King Edwards unjust command to fall with his Army upon the Inhabitants of Dover upon the complaint of Eustace Earl of Boloigne whose men they slew in an affray raised by their own insolency and abuse conceiving it to be unjust to condemn and execute them before a Legal hearing trial and conviction upon a meer accusation thereupon Eustace and the Normans accused Godwin and his two sons Harold and Swain to the King that they disobeyed and went about to betray him Wherefore TOTIUS REGNI PROCERES all the Nobles of the Realm were commanded to meet together at Glocester that the business might be there debated in a Great Parliamentary Assembly Syward Earl of Northumberland Leofriâ— Earl of Mercia and all the Nobility of England there meeting upon this occasion Godwin and his two sons only absented themselves thinking it not safe to come thither without a strong armed guard upon this they raised a great Army under a pretence to curb the Welshmen marching with their forces into Glocestershire as farr as Beverston Castle Whence he sent a Message to the King to deliver up to him Earl Eustace with his Companions and the Normans and Bononians who kept Dover Castle else he would denounce war against him The King having raised a powerfull Army returned him this answer That he would not deliver them up to him withall commanding him and his Sons to come unto him on a set day to answer his raising of an Army against him and disturbing the Peace of the Realm without his license and to submit himself to the Law for the same At last to prevent a bloudy battel by the mediation of the Nobles of England engaged on both parties in this quarrel it was agreed that hostages should be given on both sides and that the King and Godwin should meet in another Parliamentary Council at London on a certain day to plead one with another where such a Council or Parliament as our English later Historians stile it being assembled Godwin and his sons were summoned to appear therein only with 12 men to attend them which they thinking both unsafe and dishonourable to them refused to appear without hostages and pledges also given for their safety refusing to surrender their Knights fees to him the King for their contempt to appear and justifie themselves in his Court of Parliament thereupon in suo Concilio communi Curiae suae judicio by the Common Council and Judgement of his Court of Parliament banished Godwin and his 5. Sons out of England and a Decree was published that they should depart wâ—thin 5. days out of England Which Judgement and Outlawry against them was given in Parliamento pleno as Radulphus Cistrensis in his Polyâ—hâ—onicon Henry de Knyghton de Eventibus Angliae l. 1. c. 11. and other Historians inform us Godwin and his Sons hereupon departing the Realm infested it both by Sea and Land till at last raising a potent Navy and Army to prevent further danger and effusion of blood the King by the COUNCIL OF HIS NOBLES assembled for that purpose reversed the unjust Judgements given against them restored them to their Lands Honors Powers and banished those Aliens who gave the King ill Counsel and incensed him against Godwin and the English King Edward Anno 1055. Habito Londini Concilio holding a Parliamentary Council with his Prelates and Nobles at London banished Algarus Son of Leofric Earl of Mercia out of the Realm Quia de Proditione Regis in CONCILIO CONVICTUS fuerat because he was convicted in the Council of Treason against the King as some Historians write yet Florentius Wigorniensis Simeon Dunelmensis Hoveden Henry de Knyghton and others affirm that he was banished sine culpa without any crime at all whereupon he coming with 18 ships out of Ireland joyned with Griffin King of Wales raised a great Army and invaded England whereupon by agreement he was restored by the King to his Earldom After which Anno 1058. he was banished the second time and by thâ— ayd and assiâ—tance of Grâ—ffin restored again to his Earldom whereof he was unjustly deprived In the year 1074. Waltheof Earl of Northumberland with sundry other Earls Bishops and Abbots and other Engâ—ishmen meeting together at the mariage of Earl Ralph to the daughter of William Fitz Oâ—bert conspired together against King William the first then in Normandy to expell him out of his kingdom reputing it a great dishonour that an illegitimate Bastard should rule over them for which purpose they raised forces and confederated themselves with the Danes and Welshmen But being resisted by the Kings party and routed thereupon the King posting into England imprisoned Roger Earl of Hereford and Earl Waltheof though he revealed the whole conspiracy to Archbishop Lanfranke and submitted himself to the King before it brake out by which means it was timely suppresed The King the next Nativity of our Saviour following CURIAM SUAM TENUIT held his Court of Parliament at Westminster wherein Ex eis qui contra eum cervicem suam erexerant de Anglia quosdam exlegavit quosdam eruâ—is oculis vel manibus truncatis deturbavit Comites vero Waltâ—eolfum Rogerum JUDICI ALI SENTENTIA DAMNATOS arctiori custodiae mancipavit and the next year 1075. Comes Waltheofus juâ—su Regis Willielmi extra Civitatem Wintoniae ductus est indigne et crudeliter securi decapitatur et in eodem loco terra obruitur et in bivio sepelitur Sir Edward Cook in his 2. Institutes p. 50. affirms that this Roger Earl of Hereford was tried BY HIS PEERS and found guilty of this Treason PER JUDICIUM PARIUM SUORVM who was thereupon imprisoned all the days of his life If then this Court thus held was a Parliament and those Earls there tried and found guilty of Treason in it by their Peers even under the Conqueror himself it is a most pregnant Authority to prove that Peers are triable only by their Peers in Parliament that they are the only Judges in Parliament in cases of Treason and did then give sentence of banishment and pulling out the eyes and cutting off the hands of Traytors of inferiour condition as well as sentence of death decapitation and perpetual imprisonment against those two Earls Anno 1070. There was a GREAT COUNCIL held at Winchester jubente praesente Rege Gulielmo wherein Siâ—ganâ— Archbishop of Canterbury his Brother Bishop Agelmar and lundry Abbots were degraded for many pretended rather than
2. c. 4. 7 H. 4. c. 15. 11 H. 4. c. 1. 1 H. 5. c. 1. 6 H. 6. c. 4. 8 H. 6. c. 7. 10 H. 6. c. 2. 11 H. 6. c. 11. 23 H. 6. c. 15. which cite Our Lord the King willeth commandeth and Ordaineth or hath Ordained by advice and assent of the Lords Spiritual and Temporal upon complaint or at the special request of the Commons to shew that they are only Petitioners not Judges nor Ordainers in all or any of them give them not the least title of Jurisdiction in cases of elections or privileges And therefore according to the resolution of all the Judges Hill 2. Jacobi in the case of Penal Statutes Cook 7 Rep. f. 37. That the prosecution of penal Statutes cannot by law be granted to any nor be prosecuted or executed in any other order or manner of proceeding than by the Acts themselves is prescribed and provided the Commons cannot against the Letter and provision of all those Acts be Judges of them in any other manner or order than they prescribe As for their proceedings in the Committee of Privileges touching Elections since they have interposed in them as they have been very irregular illegal in respect all the Witnesses they examin touching them are unsworn and give their testimonies without Oath upon which they Ground their Votes So they are for the most part very partial and for that cause it is usually stiled The Committee of Affections he that can make the most Friends and strongest party being sure to carry the election for the most part both at the Committee and in the House though never so foul as I could instance in many cases of late times and more especially in the case of the Election of Cirencester 1647. too foul to blot my paper with For their suspending secluding ejecting their own Members I have sufficiently manifested its illegality long since in my Ardua Regni being a late dangerous president began within our memories the sad effects and consequences where of we now discern by these dangerous gradations 1. The Commons began to seclude one another upon pretence of undue elections and retornes in Queen Elizabeths reign but not before which they have since continued and that rather to strengthen or weaken a party in the House then to rectifie undue elections and retorns which a good Act would easily do 2ly In the later and last Parliaments of King Charls they began to seclude Projectors though duly elected 3ly They proceeded to suspend and eject such who were royallists and adhered to the late Kings party 4ly They proceeded to imprison and eject those Members whom the Army Offices impeached or disliked as opposite to their designs 5ly The Minority of the House at last by the power of the Army secured secluded expelled the Majority and 50 or 60. near 400 Members and made themselves the Commons House without them 6ly They then proceeded to vote down and seclude both King and House of Lords then voted themselves to be the Parliament of England sole Legislators and supream authority of the Nation without either King or House of Lords or majority of their fellow Members prescribing an Engagement under strictest penalties against K. House of Lords to seclude them from all future Parliaments 7ly Hereupon the Army Officers and Souldiers who made continued them an absolute Parliament and first of all subscribed the Engagement to be true and faithfull to them without King and House of Lords at last by Divine Justice against their very engagements to them secluded suppressed them all as they had done the King Lords and their fellow Members and declared them to be actually dissolved and no longer to be a Parl. or the supreme authority of the Nation 8ly They then proceeded to chuse and nominate a Parliament at Whitehall alone without the peoples election and then one part of them without the rest resigned their new soveraign power and secluded dissolved the residue and turned them out of doors 9ly They then proceeded to a New model of Parliaments wherein they disabled most of the Freeholders Citizens and Burgesses of England to be either Electors or elected Members contrary to their privilege and all former laws for elections appointed those they stiled the Council of State at Whitehall to seclude what Members they pleased though duly chosen according to their new ill-tuned instruments before or without any examination or reason rendred for their seclusion to the secluded Members or their Electors for their new created Parliaments by which means they secluded whom and how many they pleased in all their late conventions And most of those Reipublican Members and some cashiered Army Officers who were most active in securing secluding their fellow Members in December 1648. and in voting down the King and House of Lordspunc who may now justly say as Adoâ—bezâ—eh once did in another case Judg. 1.8 As I have done unto-others so God hath requited me being secluded secured cashiered dissolved and some of them sent prisoners to remote Castles as they secluded and thus imprisoned my self with other their fellow Members without cause and most justly branded in several Pamplets and Declarations for a CORRVPT PARTY carrying on their own ends to perpetuate themselves in their late Parliamentary and supream Authority never answering the ends which God his people and the whole Nation expected from them but exercizing an arbitrary power at Committees and elsewhere over them likely to swallow up the antient Liberties and Properties of the People to increase their vexations c. as they had most unjustly taxed the secluded Members 1648. for A CORRVPT MAJORITY acting contrary to their trusts Which I desire them now seriously to lay to heart and to acknowlege Gods Soveraign Justice therein 10ly Their new Major Generals in their last elections prescribed to all Countries and to most Cities Burroughs by letters lists of names sent to them what persons they must elect secluding those they elected which were not in their lists and caused Sherrifs to return many they nominated though never elected but protested against by those who were to chuse them rather to carry on private interests designs than the private or publike good Laws Liberties Properties Peace Ease of the Nation from importable Taxes Excizes Slaverie and armed guards and to set up private Conventicles Parties instead of free publike English Parliaments duly elected and constituted These the sad effects of this Innovation and Usurpation of the Commons over their own Members by the objected Presidents which by Divine Justice have made all their new modelled Conventions abortive successess yea to end in sudden confusions and unexpected dissolutions ever since Besides from this their late fining imprisoning and judging of their fellow Members in the House they proceeded in the last long Parl. to make almost every Committee of the Commons House a most arbitrary tyrannical Court of Justice independent on the
Crown nor unkinged himself as unworthy to reign any longer 12ly King Edward the 2. after this his deposition was reputed a King de jure still and therefore stiled by the whole Parliament all the Lords and King Edward the 3d. himself in 4 E. 3. n. 1 2 3 4 5 6 10. their King and Leige-Lord and Mortimer with his complices were condemned and executed as TRAYTORS for murdering him after his Deposing contrary to Sir Edward Cooks false Doctrine 3 Institutes f. 7. And in the Parliament of 21 R. 2. n. 64 65. the revocation of the Act for the 2. Spencers restitution in the Parl. of 1 E. 3. was repealed because made at such time by King Edward the 3. as Edw. 2. his Father BEING VERY KING was living and imprisoned so that he could not resist the same An express resolution by these two Parliaments that his deposition was both void in Law and illegal 13ly Neither of these 2. Kings though their articles were more heinous and Government more unkingly arbitrary than the late Kings were condemned or adjudged to loâ—e their heads or lives for their misdemeanors but meerly deprived of their royal Authority with a promise to preserve their lives and treat them nobly and that upon this account that they were Kings yea anointed Kings when they transgressed therefore exempted from all capital censures penalties of Laws by any humane Tribunals as David resolves Psal 51.4 Against thee thee only have I sinned whence S. Chrysostom S. Ambrose Arnobius with others in their Expositions on that Psalm S. Hierom Epist 22 47. Peter Martyr on the 2 Sam. 2.13 learned Grotius and others conclude in these words Liberi sunt Reges à vinculis delictorum neque enim ad paenam ullis vocantur legibus tuti Imperii potestate Hence Otto Frisingensis Episcopus writes thus to the Emperor Fredericke Praeterea cum nulla inveniatur persona mundialis qui mundi legibus non subjaceat subjaciendo coerceatur SOLI REGES utpote constituti super leges in respect of corporal penalties DIVINO EXAMINI RESERVATI seculi lègibus non cohibentur unde est illud tam Regis quam Prophetae testimonium Tibi soli peccavi These 2. presidents therefore no wayes justifie the proceedings against the late beheaded King as I before hand manifested in my Speech in Parliament Decem. 4. and in my Memento in Jan. 1648. which gave ample satisfaction herein not only to out 3. kingdoms at home but to the learnedst Protestant Divines Churches abroad both in France Germany as Samuel Bochartus an eminent French Divine in his Latine Epistle to Dr. Morley printed Parisiis 1650. attests Sect 3. De Jure potestate Regum p. 145. Where after a large and solid proof out of Scripture Fathers and other Authors of the unlawfullnesse of our late Kings trial judgement and Execution and that the Presbyterian English Ministers and Membees did then professedly oppugn and write against it he thus proceeds Ex hoc numero PRYNNIUS vir multis nominibus insignis Parlamenti Delegatorum unus è carcere in quo cum pluribus aliis detenebatur Libellum composuit Parliamento oblatum in quo decem rationibus iisque validissimis contendit eos rem illicitam attentare in proceeding Criminally and Capitally against the King Then reciting the Heads of my reasons against it he concludes thus Haec ille multo plura SCRIPTOR MIRE NERVOSUS cujus verba sunt stimuli et elavi in altum defixi After which he there prooves by several instances how much the Protestant Ministers Churches of France and Geneva condemned these proceedings as repugnant to Scripture and the Principles of the Protestant Religion And Dr. Wolfgangus Mayerus a famous Writer and Professor of Divinity at Basil in Germany in his Epistle Dedicatory before his printed Latine Translation of my Sword of Christian Magistracy supported Basil 1649. Viro Nobilissimo ac consulâ—issimo omnium Doctrinarum Virtutumque Ornamentis excultissimo verae pietatis zelo flagrantissimo Orthodoxae Religionis libertatisque Patriae defensori Acerrimo GVLIELMO PRYNNE J. V. Doctori celeberrimo Domino atque Amico suo plurimum honorando Authori Interpres S. P. D. hath published to my self in particular and the world in general That the beheading of the K. as it was contrary to the Parls primitive intention so it was cum magna gentis Anglicanae ignominia qui jam discincti laudatissimique corporis compage miserrime rupta atque dissipata ferre coguntur quod evitari amplius non potest At sane non exiguam laudem APUD OMNES REFORMAT AS ECCLESIAS consecuti sunt illi Angliae Pastores qui naevos et Errores Regiae administrationis quos magnos fuisse agnoverunt precibus potius a Deo deprecandos quam capitali poena vindicandos esse censuerunt suasque Ecclesias ab omnibus sanguinariis consiliis magno zelo animo plane intrepido dehortati omnemque criminis istius suspicionem ab ipsis hoc pacto prudentissime amoliti sunt Sed hanc causam aliis disceptandam relinquo Which learned Salmasius soon after professedly undertook in the Netherlands Vincentius Heraldus and Bochartus 3 most eminent Protestant Ministers in France in printed Treatises published against the Kings Trial c. as repugnant to the Principles of the Christian Protestant Religion Which another famous Frenchman in his French Translation of 47 London Ministers Petition against it thus brands Post Christum crucifixum nullum atrocius crimen uspiam esse admissum universam terram eo concuti bonos omnes ad luctum provocari USQUE AD FINEM SECULI Which Mr. Bradshaw may do well to ruminate upon now in cold blood and all others ingaged with him in this unparalled Judgment execution being no way warranted by the depositions of King Edward or Richard the 2. 14ly When the News of K. Richards deposing was reported into France King Charls and all his Court wondered detested and abhorred such an injury to be done to an anointed King to a crowned Prince and the head of the Realm But in especial Waleram Earl of St. Paul which had maried King Richards half Sister moved with high disdain against King Henry ceased not to stir and provoke the French King and his Counsel to make sharp war in England to revenge the injury and dishonour committed and done to his Son-in-law King Richard and he himself sent Letters of defiance to England Which thing was soon agreed to and an Army royal appointed with all speed to invade England But the French King so stomached this high displeasure and so inwardly conceived this unfortunate chance in his mind that he fell into his old disease of the Frensy that he had need according to the old proverb to sail to the Isle of Anticyra to purge his melancholy humour but by the means of his Physicians he was somewhat relieved and brought to knowledge of himself This Army was come down into
Lords gave him remedy by a Writ out of the Chancery Claus 14. E. 2. m. 12. in the Schedula there is a Judgement in Parliament by King Lords and Council touching the Abby of Abingdon and a composition formerly made between the Abbot Prior and monks thereof reversed nulled because inconvenient Claus 14. E. 2. m. 17. dorso there is a case concerning a reprisal brought by appeal out of the Chancery into the Parliament before the King Lords and Council and there heard and decided And Claus 15. E. 2. there are many cases and Writs touching Reprises In the Parliament of 1. E. 3. there were many Judgements given in sundry civil cases upon petitions To the King and his Council by the King Lords and Council extant in the bundle of Petitions and Claus Rolls of that year and those things that were proper for the Courts of Law and Chancery were referred to them to be there ended Claus 1. E. 3. m. 1. Upon the petition of Alice Gill and Robert Carder to the King Council and Parliament that they buying Corne in Abevil in France to transport to London it was arrested by the Baily of St. Valeric to the value of one hundred pounds at the suit of Will de Countepy of Crotye in Picardy and delivered to him against their wills because the Ship of the said Will was taken upon the Sea by the men of Bayon which ship the petitioners finding in the port of London had arrested by writ out of the Chancery directed to the Sheriffes of London until the said hundred pounds was paid them by the Merchant the King and Council ordered upon their petition that the ship might not be discharged till the 100 l. was satisfied that a Writ should be directed out of the Chancery to the Sheriffes of London to do Justice upon the contents in the Petition according to the Law of Merchants The like case of Reprise upon the Petition of Hugh Samson is in 1. E. 3. rot 5. In Claus 1. E. 3. part 1. m. 10. There is a Judgement given by the Lords and Council for the Bishop of Durham touching the Liberties and Royalties of his Bishoprick against the Kings revocation where in sundry Petitions and answers in former Parliament under King Edward the 2d are rehearsed wherein hee could have no right Mem. 12. there is a Judgement given by the Lords and Council in Parliament for the Bishop of York his prisage and preemption of wines next after the King in the Port of Hull and in Claus 1. E. 3. Pâ— 2. m. 11. Claus 4. E. 3. m. 9. remembred in the year Book of 6. E. 3. f. 50. So Claus 2. E. 3. m. 20. in Schedula there is Placitum in Parliamento before the King and his Council of the Dean and Chapter of Litchfield touching their Title to Camock Claus 14. E. 3. part 1. m. 41. Upon the Petition of the Bishop of Carlisle it was resolved by the Lords and Council in that and sundry other Parliaments in the Reign of this King and his Father non esse â—uri consonum that Churches and other things spiritual annexed to Archbishopricks and Bishopricks should belong to the King and Gardians of the temporalties but to the Gardians of the spiritualties and so ordered accordingly yea so was it resolved upon the Petition of the Bishop of Winchester to the King and his Council in the Parliament of Claus 1. E. 3. rot 9. dorso Where coram Rege et Magno Concilio concessum est et concordatum quod custodâ—s temporalium Episcopatus non se intromittant amplius temporibus vacationum hujusmodi fructibus Ecclesiarum de Estanmer Hamoldan annexed to the Bishoprick of Winchester In the Parliament of 14. E. 3. Sir Geoffry Stantens case upon his Petition to the King and Lords in Parliament the Justices of the Common Pleas came with the record of his case which had long depended before them in the Court of Common Pleas which being read and debated in the presence of all the LORDS Justices and others of the Kings Council their assistants in this case of Law they resolved that the Sonne being a stranger might aver that his Father who levyed the fine had nothing in the Lands and that the Wife in this case could not vouch her Husband And thereupon a Writ under the great Seal was sent to the Judges by the Lords order to give judgement accordingly Claus 35. E. 3. m. 40. A villain commits fellony and is attainted after that the Lord had seised his goods whereupon his goods were prized and seised on for the King notwithstanding the Lords seisure upon a Petition in Parliament It was resolved by the Lords and Council that it was just the goods should be restored to the Lord if they were not seised fraudulently to prevent the Kings seisure of them And a Writ of Restitution was thereupon awarded per ipsum Regem et per Petitionem in Parliamento In the 6. year of King Richard the 2d it was agreed between the Duke of Lancaster and the Scots in the Marches that for the benefit of both parties ut â—de caterâ— ipsi nee Anglici vexarenâ—ur per tot labores expensas sed singulis annis certi utriusque gentis destinarentur ad Parliamentum Regni utriusque qui et injurias acceptas proferrent in medium emendas acciparent secundum quantitatem damuâ—rum per Judicium Dominorum here the Lords both in the Parliament of England and Scotland are made sole Judges of injuries and dammages done by Scots or English upon one another in the Marches Quia vero Scoti ad Parliamentum Londoniis Anno 1383. supersederunt venire juxta conductum insuper damna interim plura Borealibus praesumpserunt inferre c. decretum est per Parliamentum ut frangenti fidem fides frangatur eidem Et concessae sunt Borealibus commissiones congregandi virtutem exercitus Scotis resistendi damna pro damnis inferendi quoties contingeret Scotos irrumpere vel hostili mâ—re partes illas intrare In the Parliament of 4. H. 4. n. 9. Upon the complaint of Sir Thomas Pomeroy and his Lady against Sir Philip Courtney and others forcible entry into several Lands and Mannors in the Country of Devon The King and Lords adjudged that the said Sir Thomas should enter into the said Mannors and Lands if his entry were lawful or bring his Assize without all delayes at his election In the Parliament of 5. H. 4. n. 41 42 43 44. in a case concerning Mannors and certain Lands in the County of Cornwal between the Prince and John Cornwal and the Countesse of Huntington his wife the King and Lords gave Iudgement that the Prince should â—e restored to the said Mannors and Lands being parcels of the Dutchey of Cornwal and that the Prince after seisin had should regrant them unto them which was done accordingly in Parliament In 6 H. 4 n. 28. Upon the Petition of
Picardy ready to be transported into England But when it was certainly certified that King Richard was dead and that their enterprise of his deliverance was frustrate and void the Army scattered and departed asunder But when the certainty of King Richards death was declared to the Aquitaynes and Gascons the most part of the wisest men of the Country fell into a bodily fear and into a deadly dread for some lamenting the instability of the English people judged them to be spotted with perpetual infamy and brought to dishonour and loss of their antient fame and glory for committing so hainous a crime and detestable an offence against their King and Soveraign Lord. The memory whereof they thought would never be buried or extincted Others feared the loste of their goods and liberties because they imagined that by this civil dissension and intestine division the Realm of England should so be vexed and troubled that their Country if the Frenchmen should invade it should be destitute and left void of all aid and succour of the English Nation But the Citizens of Burdeaux took this matter very sore at stomach because King Richard was born and brought up in their City lamenting and crying out that since â—he beginning of the world there was never a more detestable or more villanous or hainous act committed which being sad with sorrow and inflamed with melancholy said that untrue unnatural and unmercifull people had betrayed and slain contrary to all Law and Justice and honesty a good man a just Prince and lawfull Governour beseeching God devoutly on their knees to be the revenger and punisher of that detestable offence and notorious crime 15ly The proceedings against King Richard the 2. in the Parliament of 1 H. 4. were in the Parliament of 1 E. 4. n. 9 10 11 12. condemned as illegal the Tyrannous usurpation of Henry the 4th with his hainous murdering of King Richard the 2. at large set forth his reign declared by Act of Parliament to be an intrusion and meer usurpation for which he and the heirs of his body are utterly dis inabled as unworthy to enjoy any inheritance estate or profits within the Realm of England or Dominions of the same for ever and that by this memorable Petition of the Commons wherein the pedigree of King Edward the 4th and his title to the Crown are likewise fully set forth a Record most worthy the publike view being never yet printed to my knowledge Ex Rotulo Parliamenti tenti apud Westm anno primo Edwardi Quarti n. 8. Memorandum quod quaedam Petitio exhibita fuit praefato Domino Regi in praesenti Parliamento per praefatos Communes sub eo qui sequitur tenore verborum For as much as it is notary openly and evidently known that the right noble and worthy Prince Henry King of England the third had issue Edward his furst gotten Son born at Westminster in the 15 kalende of Juyll in the vigille of Seint Marce and Marcellian the year of our Lord M. C.C.XLV the which Edw. after the death of the said King Henry his Fader entituled and called King Edward the furst had issue his furst gotten Son entituled and called after the decease of the same Edward the furst his Fader King Edward the second which had issue the right noble and honourable Prince King Edward the third true and undoubted King of Englond and of France and Lord of Irelond which Edward the third had issue Edward his furst gotten Son Prince of Wales William Hatfield secund gotten Son Leonel third gotten Son Duke of Clarence John of Gaunt fourth gotten son Duke of Lancaster Edmund Langley the fifth gotten son Duke of York Thomas Wodestoks the sixth gotten son Duke of Gloucester and William Wyndesore the seventh gotten Son And the said Edward Prince of Wales which died in the life of the said King Edward the thurd his Fader had issue Richard which after the death of the same King Edward the third as Cousin and heir to him that is to say Son to the said Edward Prince of Wales Son unto the said King Edward the third succeeded him in royal estate and dignity lawfully entituled and called King Richard the secund and died without issue William Hatfield the secund gotten Son of the said King Edward the third died without issue the said Leonel Duke of Clarence the third gotten Son of the same King Edward had issue Phelip his only daughter and died And the same Phelip wedded unto Edmund Mortimer Earl of Marche had issue by the same Edmund Roger Mortymer Earl of Marche her Son and heir which Edmund and Phelip died the same Roger Earl of March had issue Edmund Mortymer Earl of March Roger Mortymer Anne and Alianore and died And also the same Edmund and Roger sons of the foresaid Roger and the said Alianore died without Issue And the same Anne wedded unto Richard Earl of Cambridge the Son of the said Edmund Langley the fifth gotten son of the said king Edward the third as it is afore specified had issue that right noble and famous Prince of full worthy memory Richard Plantagenet Duke of York And the said Richard Earl of Cambridge and Anne his Wife died And the same Rich. Du. of York had issue the right high and mighty Prince Edward our Liege and Soveraign Lord and died to whom as Cousin and heir to the said King Richard the Crown of the Realm of England and the royal power estate dignity preheminence and governance of the same Realm and the Lordship of Ireland lawfully and of right appertaineth of the which Crown Royal power estate dignity preheminence governance and Lordship the said King Richard the second was lawfully rightfully and justly seised and possessed and the same joyed in rest and quiet without interruption or molestation unto the time that Henry late Earl of Derby son of the said Iohn of Gaunt the fourth gotten son of the said King Edward the third and younger Brother of the said Leonel temerously agenst rightwisnes and Iustice by force and Arms agenst his faith and liegeaunce rered werre at Flynte in Wales agenst the said King Richard him took and enprisoned in the Tower of London of grete violence And the same King Richard so being in prison and living usurped and intruded upon the royal power estate dignity preheminence possessions and Lordships aforesaid taking upon him usurpously the Crown and name of K. and L. of the same Realm and Lordship And not therewith satisfied or content but more grievous thing attempting wickedly of unnatural unmanly and cruel tyranny the same King Richard King anointed crowned and consecrate and his Liege and most high Lord in the Earth agenst Gods Law Mans liegeance and Oth of fidelite with uttermost punicion attormenting murdred and destroyed with most vile hainous and lamentable death whereof the heavy exclamation in the doom of every Christian man soundeth into Gods hearing in Heaven not forgotten in the Earth specially in this
Earl of Straffords Attainder p. 75 76. Walsingham Hist Angliae p. 255. Ypodigm p. 128. An Exact abridgement p. 183. * See my Ardua Regni (1) Polydor Virgil Holinshed Speed Sir Walter Raleigh his Prerogative of Parl. p 2 3. The Freeholders Grand â—nquest others forecited p. 165. (2) Claus 15 Joh. Reg. pars 2. m. â— dorso Seldens Titles of Honor p. 710. (3) Claus 49 H. 3. m. 10. dorso in schedula Seldens Titles of Honor p. 717 718.723 724. * Esquires 22 E. 3.18 a. 26 E. 3.57 Fitz Droit 37. * Esquires 4 Instit p. 10 48. Historiae Ang. p. 414. 4 Inst p. 48. See my â—renarches redivivus and Table to an Exact Abridgment Tit. Parliament Ordinance Cooks 4 Inst p. 38 39 40 41 15 16 17 18 19 20. Hist Angliae p. 359. (1) Claus 11. R. 2. m. 24. dorso (2) Claus 11 R. 2. m. 23. dorso (3) An Exact abridgement p. 346 347. * An Exact abridgement p. 417. See my Ardua Regni (4) Exact abridgement p. 354· See here p. 438. (5) An Exact abridgement p. 361 362. (6) An Exact abridgement p. 408. (h) See Cook 4 Instit p. 8. The Freeholders grand Inquest p. 56 58. (i) 4 Inst p. 8. (k) See my Table of Speakers to an Exact abridgement Title Parliment and Commons * Rot. Parl. 23 and 25 H. 6. n. 9 10. (m) Exact Collection p. 640. (n) Exact collect p. 390 534 535 618 619 620. (o) See 23 25 H. 6. n. 9 10. (p) See Dyer f. 60. a. (q) Rot. Parl. H. 4. n. 10. An Exact Abridgement p. 471. See the Freeholders Grand Inquest p. 56 58. (r) 4 Inst p. 8. (Å¿) Exact Abridgement p. 429. (u) Exact abridgement p. 433. (1) An Exact abridgment p. â—96 (2) An Exact abridgment p 620. (3) An Exact abridgment p. 632. (4) Cook 4 Instit p. 47. toucheth it â—ut cites nor the Record at large An Exact abridgement p. 651. †Upon this ground 1 R. 2. n. 20.87.114 2 R. 2. n. 8.49 5 R. 2. n. 44. 13 R. 2. n. 10.30.33 15 R. 2. n. 9.17 R. 2. n. 10. We find the Commons Parliament very zealous to maintain the Common Law and referring causes petitions to it when proper for it and improper for the Parliament (5) Exact abridgement p. 664. †Exact abridgement p. 665. (6) Exact abridgement p. 701. * An Exact abridgement p. 704. (1) Holinsh Chronicle p. 1584. (2) Crompt Jurisdiction of Courts f. 8 9 10. (1) See the Freeholders grand Inquest p. 53 54. (2) Jurisdiction of Courts London 1594 f. 7. b. (3) Pasch 16 17. H. 8. Dyer f. 59 60. (4) Cooks 4 Instit p. 17 18 19. (5) See the Iournal The Freeholders Grand Inquest p. 54 55. (6) See the Freeholders Grand Inquest p. 54 55. (7) See the Freeholders Grand Inquest p 58 59. (8) See the Freeholders Grand Inquest p. 60. * 4 Instit p. 15.23 (9) See the Freeholders Grand Inquest p. 15 16 * Cook 4 Instit p. 23. * See an Exact Collection of Ordinances p. 541 542 543 to 558. * See my Epististle to my Speech in Parliament Decemb. 4. 2648. The 2 part of the History of Independency †See their Declarations and knacks of 17 and 19 Martii 1648. Jan. 2. 1649. †See their Declarations concerning the grounds of their dissolutions Aug. 22. 1652. and since †The Declaration of the General and Officers of the Army Aug. 22. 1653. p. 4 5 6. A true State of the Common-wealth of England c. p. 8 9 10 11.12 c. †See my Epistle to my Speech in Parliament * An Exact Collection p. 500 523 526. †Exact Collect p. 768 769 770. Objection Answer †Here p. 353. c. (1) Dyer 99. Cook 2 Instit on Magna Charta c. 14. 29. See Cook 2 Instit p. 27 29 49 50 51. * 48 E. 3.30 Br. Exempt 3. Fitz. N. Brev. f. 165. e. (2) See his Innocency Truth justified †See Brook and Ashe Amerciament Fine for contempts (3) Cook 4. Instit p. 21. (d) And my Lords I tell you to your faces THAT BY RIGHT THE HOUSE OF COMMONS ARE your JUDGES IN THIS CASE as well as mine An Anatomy of the Lords Tyranny and Injustice p. 14. Objection 2. Answer †28 E. 3. n. 8. to 16. 21 E. 3. 46. b. 7 H. 6. 29 a. Cook 4. Instit p. 21 23. 4 E. 3. n. 14. Brook Cromptons Jurisdiction of Parl. and all Statutes for repealing former Parliaments Acts Judgements or Attainders (1) Luk. 21.19 1 Pet. 3.14 Heb. 10.32 33 34. (2) 1 Pet. 2.15 to 21. c. 4.16 Isay 53.7 (3) Psal â— 37. 46. * Which to deprive them of must be an act of the highest injustice and unrighteousness that may be excluding the Actors thereof both from the reallity of Christians Heaven it self Mich. 2.1 2 3 c. Cor. 6.8 9. Rom. 13.1 to 10. Isa 9.16 †Prov. 8.15 16. Dan. 2.21 37. Rom. 13.1 to 7. Col. 1.16 17 18. Hph. 1.21 Acts 13 20 21 22. Tit. 3.1 1 Tim. 2 1 2 3. 1 Pet. 2.13 14. Gen. 17.6.16 c. 35.11 c. 36.15 to 43. Deut. 17 14 15. 2 Sam. 7.8 to 17. 1 Chron. 28. â— 5. 2 Chron. 1.9.10 c. 2.11 c. 9.8 (i) Gen 3.16 Exod. 20.12 Eph. 5.22 to 30. c. 6. 1. to 10. Rom 13.1 2 3. Tit. 3.1 Col. 3 20 22. 1 Pet. 2.13 14 18. c. 3. 15. Heb. 13.17 Josh 1.16 17 18. Mat. 8.9 †Specially promised by God as a blessing to his people Gen. 17.6 16. c. 35. 11. Ier. 17.24 25. c. 22.4 1 Chron. 28.4 5 6. c. 11 12. (k) See Seldens Titles of Honour Dr. Humphreys and others of Nobility Catanaeus Catologus gloriae mundi De potestate concessa Dominis de Consilio Regis ad audiend et terminand Petitiones in Parliamento minime determinat †Exact Abridgement p. 564 584 591.596 (a) Galfridus Monumetensis Hist Regum Brit. l. 10. c. 1. to 14. Mat. Westm Flores Hist An. 539. Speeds Hist p. 272. (b) Evidentiae Eccles Canâ— Col. 2212. (c) Evidentiâ— Eccles Cant. Col· 2212 2213. Spelmanni Concil p 3â—â— 319. (d) Actâ— Pontif Cant. Col. 1642. (e) Mat. Westminster Anno â—97 Wil. Malmesburi de Gestis Pontif. l. 1. c. 4. Spelmanni Concil p. 320 to 326. Antiqu. Eccles Brit. p. 27. to 30. (f) Evidentiae Eccles Christi Cantuar. Col. 1213 2214. Spelmanni Conc. p. 332 333 334. (g) Ingulphi Historia p. 858 859 to 863. Spelman Concil p. 344 c. (h) Ingulphi Hist p. 889. Malmesb. de Gestis regum l. 2. c. 4.9 Mat. Westm Wigorniensis Hunrondin Houeden Fox Acts Monuments Vol. 1. p. 203 204 205. The third part of my seasonable and legal Vindication p. 131 to 138. (i) Seldens Titles of Honour part 2. c. 5. p. 693. (k) Coâ—roni Pesthuma p. 346. (l) Florentius Wigorniensis p. 3â—2 Houeden p 433. Mat. West (m) Florentius Wigorniensis Anno 1070. p. 434 435 436 437. Radulfus