ever violated in oppugning all arbitrary tyrannical Proceedings Taxes Oppressions Encroachments ill Counsellors and bad Instruments both of Kings and Popes themselves in inflicting exemplary punishments upon all Traytors Enemies to the publike both in our Parliaments and the Field too when there was occasion the principal whereof I have here presented to your view in a Chronical method will be a great accession to your Honour the best vindication of your antient undoubted Parliamentary Jurisdiction Right Power Judicature against all Opposites till the accomplishment whereof I shall humbly recommend this enlarged Plea in your Honors defence to your Noble Patronage who can pitch upon no better nor readier means to support your declining Honor and Authority or to re-indear your selves in the Peoples affections than in these distracted dangerous stormy times to ingage all your interest power activity speedily to settle secure Gods Glory Truth Worship the publike Laws Peace Liberty Safety of the Kingdom against all open Opposers and secret Underminers of them to unburthen the people of their long-continued heavy Taxes the Souldiers insolencies free-quarters to redress all pressing grievances all oppressing arbitrary Committees proceedings contrary to the rules of Law and Iustice to right all grieved Petitioners especially such who have waited at least seven years space at your doors for reparations to relieve poor starved Ireland raise up the almost lost honor power freedom reputation of Parliaments by acting honourably heroically like your selves without any fear favour hatred or self-ends by confining your selves with the Commons House to the antient bounds rules of Parliamentary Jurisdiction proceedings and by endeavouring to excel all others as farr in Iustice Goodness and publike resolutions as you do in Greatness and Authority Which that you may effectually perform as it is the principal scope of this Plea for your Lordships which whether you stand fall or by way of Remitter recover your antient rights again after a violent discontinuance of them for a season will remain as a lasting Monument to all Posterity of your undubitable just Right to sit and judge in all English Parliaments So it shall be the constant prayer of Your Lordships devoted Servant WILLIAM PRYNNE From my Study in Lincolns Inne 7. Junii 1647. To the Ingenuous READER THis Plea for the LORDS and House of PEERS was first suddenly compiled and published by me in the year 1647 when Lilburn Overton with their Iesuitical and Anabaptistical levelling Confederates endeavoured by sundry seditious Pamphlets libels Petitions then printed dispersed in the City Army Country to extirpate the Lords and House of Peers together with the King and Monarchy by engaging the vulgar Rabble Souldiers and Commons to suppresse pull down or cast off their superiour just antient legal authority over them not only against the expresse Laws of God and the Realm their own Oaths of Supremacy Allegiance Protestation Covenant but the very Law of Nature it self universally received amongst all Nations whatsoever Haec enim lex Naturae apud omnes Gentes recepta est quam nullum tempus delebit UT SUPERIORES INFERIORIBUS IMPERENT Which Law these unnatural Bedlams would now quite obliterate endeavouring to set up that Aâ—axy disorder in Government which Solomon and God himself by him so much complain of Eccles 10.5 6 7. There is AN EVIL I have seen under the Sun as AN ERROR that proceedeth from the Ruler Folly or persons of mean fortune parts birth is set in high dignity and the rich set in low place I have seen Servants upon Horses and Princes walking as Servants upon the earth Which disorder he thus censures Prov. 19.10 Delight is not seemlâ— for a fool much lesse for a Servant to have rule over Princes The sad effects whereof he thus relates Prov. 30.21 22. For three things the Earth is disquieted and for a fourth which it cannot bear the 〈◊〉 and chief whereof is this For a Servant when he reigneth To which David subjoyns another ill consequence Psal 12.8 The ungodly walk on every side when the vilest of the Sons of men are exalted which the Chaldâ— paraphrase thus glosseth In circuitu improbi ambulant tanquam sanguisugae qui sugunt sanguinem filiorum hominum the peasantry when exalted above the antient Nobility and Gentry being usually both intollerably proud insolent cruel bloâ—dy according to the old observation of Claudians and others Asperius humili nihil est cum surgit in altum Cuncta ferit dum cuncta timet desaevit in omnes Vt se posse putent nec bellua tetrior ulla Quam servi rabies in libera collâ— furentis Agnoscit gemitus et paenae parcere nescit This was experimentally verified not only in Wil. Langhamp heretofore and other particular persons advanced from low degree to places of greatest honour but in the popular insurrections of John Cade Jack Straw Wat Tyler and others who intended to murther the King destroy the Nobles Judges Prelates Lawyers and chief Gent. they could meet with than to seise upon their lands estates and make themselves Kings Lords in their steads and share the Kingdom Government between them and by the Anabaptists proceedings of like Nature at Munster and other places in Germany whom the present Levellers of this sect would doubtlesse imitate could they get but sufficient power into their hands My absence in the Country whiles this Plea was printing caused many material mistakes of words and one grosse mutilated transposition in Cheddars case in its first Edition p. 48 52. which I could not correct most of the Books being dispersed before I could get an Errata printed and the small time I had to compile it necessitated me to omit many material Records Presidents Histories pertinent to this Argument Whereupon to right my self with the Lords whose cause I pleaded and the Readers I soon after resolved to publish a corrected much inlarged Impression thereof but other publike Imployments and publications retarding it and the whole House of Lords some few Months after being forcibly suppressed my self with sundry other Members of the Comunions House secured secluded and after that dispersed and sent close prisoners by Mr. Bradshaws illegal Warrants unto several remote Castles without any hearing or cause expressed or recompence for the Injuries damages thereby sustained this much augmented Plea hath lyen dormant ever since and had never been awaked to walk abroad in publike had not the late loud unexpected Votes at Westm of a NEW KING AND HOUSE OF LORDS under the Name Notion of ANOTHER HOUSE passed by some who had lately c suppressed decryed engaged against them both as uselesse dangerous oppressive burthensom tyrannical c. revived and raised it out of the Grave of Oblivion The Subject matters principally debated and vindicated in it are only two First That all the Dukes Marquesses Earls Viscounts Barons Lords of England have an undoubted antient just Right Privilege to sit vote in all Parliaments
unless a Peer by birth or creation those who are called to it only by general or special Writs not being formerly for life or inheritance Peers Nobles or holding by Barony of the King being only Assistants to the Lords as the Judges and others usually are not Members having votes It is the opinion of Sir Edward Cook in his Institutes on Littleton That if the King call any Layman to the Vpper house of Parliament generally by his Writ which he there recites that this alone doth create him a Baron and Lord of Parliament in fee simple without the word heirs and ennoble both himself and his heirs after him so as to make them hereditary Barons And this is the received opinion of most Grandees of the Law relying only upon his bare Ipse dixit though sometimes mistaken in his Judgement and frequently in his Records and Presidents whereon hee grounds his Opinion although he cites no president nor record at all to make good his Assertion in this case But under the favour of this Great Oracle of Law I conceive this Opinion of his to be no Law at all but a meer mistake for these ensuing reasons 1. Because there is not one word or syllable in this general Writ of Summons that gives him either the Name Title Honor or Dignity of a Lord or Baron of the Realm Therefore it cannot in Law or reason create him such a one If he were a Knight an Esquire a Master or Gentleman or Judge when the Writ was directed to him it gives him only that Title and summons him only by it without stiling him a Lord Baron Earl Viscount or Peer of the Realm at all Therefore it cannot ennoble nor create him one much less ennoble his posterity and give him an hereditary Barony without the word heirs since the Writ is only personal directed to himself alone 2. Because the Kings end and intention in summoning him to Parliament by this Writ is not to ennoble and create him a Lord Peer or Baron much less to ennoble his Posterity after him but only to consult and treat with him and the Prelates Lords and Nobles of the Realm concerning the affairs there propounded As this clause of the Writ demonstrates which only must ennoble him and his heirs if any to come to the Parliament at such a day and place that so the King may VOBISCUM with him not his heirs cum Praelatis Magnatibus Proceribus dicti regni nostri colloquâ—um habere tractatum Which word VOBISCVM being distinguished from cum Praelatis Magnatibus Proceribus Regni can not possibly create him a Lord or Baron no more than a Prelate of the Realm the rather because the word Baro is not in the Writ Neither can the following clause create him one Viz. dictis die loco personaliter intersitis Nobiscum cum Praelatis Magnatibus Baronibus supradictis super dictis Negotiis tractaturis vestrumque Consilium impensuris because it neither gives him the name nor stile of a Lord or Nobleman much less of a Baron no more than of a Prelate and summons him not to be a Lord Earl Prelate or Baron of the Realm but to be personally present with them which he may be though a private person and no Lord and to treat and give his advice with them concerning the businesses there propounded the only end for which he is summoned not to be their fellow Peer Lord or Baron So that it is against all sence and reason to aver that such a general Writ as this can create himself much less his Posterity Lords or Barons of the Realm in perpetuity It is a rule in Law and oft resolved That the Kings grant shall not inure to two intents nor pass or give two things at once especially when one of them only is expressed the other not Therefore this writ of the King shall not-doe it to create the party summoned a Baron meerly by implication which is not expressed and to summon him to conferr treat and give his advice in Parliament which is the only thing intended and clearly expressed 3ly The Writ summons him only to that particular Parliament then to be held at one certain day and place not to any other much less to all future Parliaments to be held Therefore it cannot create him and his heirs hereditary Barons and Members of the Lords House no more than the Writ for electing Knights Citizens and Burgesses for that particular Parliament makes them and their posterity Knights Citizens and Burgesses of Parliament for perpetuity It being both contrary to the words and intention of the Writ to make him much less his heirs Members of all succeeding Parliaments to which they must still be summoned by New Writs 4ly No Lord or Baron is or can be legally created but of some particular place Town City or the like whereof he is stiled Earl Lord or Baron But the general writ of summons gives him no such particular stile or title of dignity confined to such a certain place Therefore it cannot create him either a Lord or Baron or if it doth it must be sine titulo which were absurd 5ly No Duke Earl when created Viscount Lord or Baron is or can be created a Peer of the Realm by the Kings Letters Patents for life in tayl or see simple without expresse words in the Patent creating him such a one for life or him and the heirs males of his body or his heirs in general Dukes Marquesses Viscounts Earls Lords or Barons of such a particular place as all their Patents whereof you have sundry Presidents in Mr. Seldens Titles of honour lib. 2. ch 5. throughout and our books of Heraldry plentifully manifest And in all late Patents of creation since 20 H. 8. of any Dukes Marquesses Earls Viscounts or Barons there is a special clause inserted enabling them and their heirs males and every of them to have hold and possess a seat and place in the Parliam of us our heirs and Successors within the Realm of England among other Dukes Marquesses Earls Viscounts Lords and Barons of the Realm as a Duke Marquesse Earl Viscount Lord or Baron as Mr. Selden and their Patents inform us and I have formerly touched p. 49. If then the king by his Letters Patents cannot create men Nobles and Peers of Parliament for life in tail or see simple without these special and particular clauses then by the self same reason he cannot create them such by his writ unlesse it hath such special words and clauses in it and not by the general writ of summons forementioned wherein there is not one clause or syllable tending to such a particular personal or hereditary creation The rather because Sir Edward Cook himself confesseth that the Creation by Letters Patents is the surer though by writ be the antienter way for he and his posterity may sufficiently be created and made Noble by Letters Patents though he to whom they
Earl of Ireland Mâ—chael de la Poole Earl of Suffolk Robert Tresylam Chief Justice Nicholas Bramber Knight and other of their adherents of High Treason against the King and his Realm The Articles they exhibited against them were 36 in number at large recorded in Henry de Knyghton de Eventibus Angliae l. 5. col 2713. to 2727. with the whole proceedings thereupon for which many were attainted condemned executed BY JUDGEMENT OF THE LORDS notwithstanding the Kings intercession for some of them to the LORDS they are likewise mentioned in the printed Statutes at large of 11 R. 2. c. 1 3 4. in Walsingham Hist Angliae p. 359 to 367. and other vulgar Historians I shall therefore for brevity refer you to them Exactum est juramentum a rege ad standum REGULATIONI PROCERUM et non solum a rege sed a cunctis regni incolis idem juramentum est expetitum In the Parliament of 14 R. 2. n. 14. The King and Lords without the Commons declared That in the 7 year of this King the Earldom of Richmond with the appartenances WERE ADJUDGED BY THE KING AND LORDS to be forfeited to the King by reason of the adherence of John Duke of Britain then Earl of Richmond to the French against his allegiance to the King and his father king Edward the 3. which judgement was not then enrolled in the Rolls of Parliament for certain causes known to the King and LORDS but was now inrolled and the lands granted to the Earl of Westmerland which King Henry the 4th would not revoke upon the Commons Petition to restore them to the Duke 1 H. 4. rot Parl. n. 78. In the Parliament of 17 R. 2. n. 11 Richard Earl of Arundel in the presence of the KING and LORDS accused the Duke of Lancastre of 5 particular misdemeanors In which when the King had justified him it was awarded by the King BY THE ASSENTS OF ALL THE LORDS that the Earl should in full Parliament make a formal submission to the Duke and crave pardon for his false accusation In the Parliament of 21 R. 2. rot Parl. n. 12. to 17. the Commons impeached Thomas Arundel Archbishop of Canterbury of high Treason for procuring the Duke of Glocester and others there named to accroach to themselves regal power and execute the Commission of 10 R. 2. when he was Chancellor praying that he might be kept under safe custody with a protestation of making for her accusations during the Parliament against him and others After which they prayed the King to give judgement against the Archbishop according to his desert who submitted himself to the Kings mercy Whereupon the KING LORDS and Sir Thomas Piercy the general Proctor for the Bishops in this case adjudged the fact of the Archbishop to be Treason and himself a Traytor and that thereupon he should be banished his temporalties seised and all his lands in proper possession or use together with his goods forfeited to the King and presenting the day and place of his departure into exile After this in the same Parliament of 21 R. 2. the Lords Appellant therein named accused the Duke of Glocester the Earls of Arundel and Warwick and others of High Treason for procuring the Commission in 10 R. 2. for raising forces and coming to the Kings person armed For accroching to themselves royal power and adjudging some to death and executing them as Traytors in the Parliament of 11 R. 2. For intending to surrender up their Homage and allegeance to the King and then to depose him and saying they had good cause to depose him c. Hereupon the Earl of Arundel being brought in custody to the Parliament before the Lords by the Kings command and assent of the Lords had his charge read and declared before him by the Duke of Lancaster Steward of England to which he pleaded his pardon which plea being disallowed because his pardon was revoked by this Parliament and he relying on it without any other plea the Lords appellants prayed judgement against him as convict of the Treasons aforesaid Whereupon the Duke of Lancaster by assent of the KING Bishops Earles and LORDS adjudged him convict of the Articles aforesaid and thereby a Traytor to the King and Realm and that he should be therefore hanged drawn and quartered and forfeit all his Lands in fee or fee-tayl which he had in the 10. year of this King with all his goods and chattels But for that he was come of Noble bloud the King pardoned his execution of hanging drawing and quartering and granted that he should be beheaded which was accordingly executed the same day on Tower hill by the Marshal of England The 28. of September the Earl of Warwick was brought ao his Trial in the same manner as the Earl of Arundel who confessed all the Articles submitted to the Kings grace and had the same judgement pronounced against him in the same manner as the Earl of Arundel But the King at the Lords Appellants and others requests pardoned his execution granted him his life and banished him into the Isle of Man The Duke of Norfolk by assent and Act of Parliament was tried in a Court Martial by the King Lords and some Knights for words spoken against the King and judgement was there given that he should be banished into Hungary and his lands forfeited to the King Within one year after such is the vicissitude of all worldly honour and power in the Parliament of 1 H. 4. Plac. Coron n. 1. to 11. at the prayer of the Commons the great Lords Appellants Edward Duke of Albemarl Tho. Duke of Surry John Duke of Exeter John Marquess Dorset John Earl of Salisbury and Thomas Earl of Glocester were all questioned and brought to their several answers before the King and Lords for their Acts and proceedings in the Parliament of 21 R. 2. the records whereof being read before them in Parliament they made their several answers and excuses thereunto whereupon the King and Lords after consultation thereupon ADJUDGED that the said Dukes Marques and Earls should lose their several Titles and Dignities of Dukes Marquess and Earls with all the honor thereunto belonging and that they should forfeit all the Lands and goods which they or any of them had given them at the death of the Duke of Glocester or since and that if they or any of them should adhere to the quarrel or person of King Richard lately deposed that then the same should be Treason The which Judgement was pronounced against them by William Thurning Chief Justice of the Kings Bench in Parliament by the Kings command but in the Parliament of 2 H. 4. rot Parl. n. 33. upon the Petition of the Lords and Commons to the King the Earls of Rutland and Somerset were pardoned and restored by the King in Parliament In the Parliament of 2 H. 4. n. 14. the Bishop of Norwich was accused by Sir Thomas Erpingham the Kings
committed to the Tower of London The 7 day of February the Commons by William Trussel their Speaker brought up and presented to the King and Lords in the Lords House a Bill against the said Duke containing an impeachment of several High Treasons committed by him against the King requiring of the Lords all their Articles therein to be enacted with prosecution therein The 9. of March they exhibited new articles of complaint against the Duke comprising sundry misdemeanors against the king and other persons which they require might be enrolled and that the Duke might answer to them The 9. of March the Duke was brought by the kings writ from the Tower into the Parliament Chamber before the King and Lords where the Articles were rehearsed to him who desired Copies of them which was granted And he for more ready answer was committed to certain Esquires to be kept in the Tower within the kings palace The 14 of March the Duke appeared before the K. Lords where on his knees he denied as untrue the 8 Articles of Treason and the same offered to prove as the King shall appoint The Chief Justice thereupon by the kings command asked this Question of the Lords what advise they would give the King what is to do further in this matter which advise was deferred till Monday then next following whereon nothing was done in that matter On Tuesday the 17 of March the king sent for all the Lords Spiritual and Temporal then being in Town being 24 in all into his Inner Chamber within his Palace of Westminster where when they were all assembled he then sent for the Duke thither who coming into the Kings presence kneeled down and continued kneeling till the Chancellor of England had delivered the kings command to him and demanded of him what he said to the Commons Articles not having put himself upon his Peerage Whereupon the Duke denied all the Articles touching the kings Person and state of the Realm as false and scandalous And so not departing from his said Answers submitted himself to the kings Rule and Governance without putting himself upon his Peerage Where thus the Chancellor told him That as touching the great and horrible crimes contained in the first Bill the king holdeth him neither declared nor charged And as touching the second Bill containing misprisions which are not criminal the king by force of his submission by his own advice and not reporting him to the advice of the Lords nor by way of judgement for he is not in place of judgement putteth you to his Rule and Governance that before the first of May next coming he should absent himself out of the kingdom of England and all other his Dominions in France or elsewhere and that he nor no man for him should shew or wait any malice nor hate to any person of what degree soever of the Commons in the Parliament in no manner of wise for any thing done to him in this Parliament or elsewhere And forthwith Viscount Beaumont in behalf of the said LORDS both spiritual and Temporal and by their advice assent and desire said and declared to the Kings Highness That this that so was decreed and done by his Excellency concerning the person of the said Duke proceeded not by their advice and Counsels but was done by the Kings own demeanoir and rule Wherefore they besought the King that this their saying might be enacted in the Parliament Roll for their more declaration hereafter with this protestation that it should not be nor turn in prejudice nor derogation of them their heirs ne of their successors in time coming but that they may have and enjoy their liberty as they or any of their Ancestors and Predecessors had and enjoyed before this time This is the sum of this large Record which makes nothing to the purpose for which Sir Edward Cook cites it in his 4 Institutes p. 25. That it is ERROR when both Houses joyn not in the Judgement For first here is nothing but an impeachment only by the Commons of a Peer who ought to be tryed judged only by his Peers not by Commoners Secondly there was no judgement given in Parliament in this case but only a private Award made by the King out of the Parliament House in his own Chamber in presence of the Lords Thirdly the Lords entred a special protestation against it as not made by their advice or consent Fourthly they enter a special claim in the Parliament Roll for the preservation of their Right and Freedom of Peerage for hereafter both of being tried and judged only by their Peers in Parliament and so an express resolution that the Peers in Parliament are and ought to be Judges especially of Peers not the Commons These Records of these cited at large lest Sir Edward Cooks brief quotation and mis-recital of them should deceive the credulous or ignorant Readers In the Parliament of 31 H. 6. rot Parl. n. 28. Thomas Earl of Devonshire was accused of Treason tried for and acquitted thereof by his Peers before Humfrey Duke of Buckingham Steward of England for the time being And for that the Duke of York thought the loyalty of the said Earl to be touched thereupon the said Earl protesting his Loyalty referred himself to further Trial as a Knight should doe upon which declaration THE LORDS in Parliament acquitted him as a loyal Subject Edward Duke of York with the Earls of March Warwick Salisbury Rutland John Lord Clinton and others were impeached and attainted by Judgement of the Lords in Parliament of High Treason for raising forces and levying war against King Henry the 6. and afterwards attainted by Bill in the Parliament of 38 H. 6. n. 7. to 26. In the Paâ—liamenr of 1 E. 4. n. 17. to 71. The Duke of Exeter Viscount Beamont the Earls of Pembroke Wilts and Devonshire the Lords Nevil Roos Gray Dacre Hungerford and others were first attainted and condemned of High Treason by THE LORDS and after by Bill for levying warr against King Edward the fourth The Duke of Somerset and others in the Parliament of 4 E. 4. n. 28. to 39. and John Vere Earl of Oxford with others in the Parliament of 14 E. 4. n. 34. to 41. were in the same manner for the same offence attainted of High Treason and their Lands forfeited To pretermit all other Attainders of this Nature in cases of High Treason in the reigns of Henry the 8. Edward the 6. Queen Mary Queen Elizabeth and King James both in our English and Irish Parliaments formerly touched p. 196 197 198 199. In the Parliaments of 18 21 Jacobi Sir Francis Bacon Viscount St. Alban Lord Chancellor of England and the Earl of Middlesex Lord Treasurer of England were impeached accused convicted of Bribery Corruption and other misdemeanors removed from their places fined Middlesex 50000 l. imprisoned made uncapable of any Office and thus censured by Iudgement of the Lords house as the Journals of those Parliaments
the Prior of Coventry the King granteth by Assent of the Bishops and Lords that no man do break the head of their Conduit nor cast any filth into their water called Sherbouâ—n on pain of ten pound and treble dammages to the Prior. In the Parliament of 9. H. 5. n. 12. Upon long debates of the Lords and Iustices it was resolved by them that the Abbot of Ramsy should have no prohibition against Walter Cook parson of Somersham who sued for Tithes of a Meadow called Crowland Mead in the hands of the Abbots Tenants In the great case of Precedency between the Earl Marshall and Earle of Warwick in the Parliament of 3. H. 6. n. 10 11. c. The Lords being to bee Iudges of the same suspended both of them from sitting in the house till their case was fully heard and they all voluntarily swore on the Gospel that they would uprightly judge the case leaving all affection In the Parliament of 11. H. 6. n. 32 33 34 35. Upon a Petition the King and Lords in Parliament adjudged the Dignity Seigniory Earledome of Arundel and the Castle and Lands thereunto belonging to John Earle of Arundel who proved his Title thereto by a deed of Entayle against the Title of John Duke of Norfolck who layed claim thereunto And in the Parliament of 39 H. 6. n. 10. to 33. The claime of the Duke of York and his Title to the Crown of England against the Title of King Henry the 6 th was exhibited to the Lords in full Parliament the Lords upon consultation willed it to be read amongst them but not to bee answered without the King The Lords upon long consultation declared this Title to the King who willed them to call his Justices Sergeants and Attorney to answer the same Who being called accordingly utterly refused to answer the same Order thereupon was taken That every Lord might therein freely utter his conceit without any impeachment to him In the end there were five objections made against the Dukes Title who put in an answer to every of them which done the Lords upon debate made this order and agreement between the King and Duke That the King should injoy the Crown of England during his life and the Duke and his heirs to succeed after him That the Duke and his two sons should bee sworne by no means to shorten the dayes or impaire the preheminence of the King during his life That the said Duke from thenceforth shall be reputed and stiled to bee the very Heir apparent to the Crown and shall injoy the same after the death or resignation of the said King That the said Duke shall have hereditaments allotted to him and his sons of the annual value of ten thousand marks That the compassing of the death of the said Duke shall bee Treason That all the Bishops and Lords in full Parliament shall swear to the Duke and to his heirs in forme aforesaid That the said Duke and his two sons shall swear to defend the Lords for this agreement The King by Assent of the Lords without the Commons agreeth to all the Ordinances and accords aforesaid and by the Assent of the Lords utterly repealeth the statute of intayle of the Crown made in 1. H. 4. so alwaies as hereafter there be no better Title proved for the defeating of their Title and this agreement by the King After all which the said Duke and the two Earles his sonnes came into the Parliament Chamber before the King and LORDS and sware to performe the award aforesaid with protestation if the King for his part duly observed the same the which the King promised to do All which was inrolled in the Parliament Rolls Lo here the Lords alone without the Commons judge and make an award between King Henry the 6th and the Duke of York in the highest point of right and title that could come in question before them even the right and title to the Crown of England then controverted and decided the King and Duke both submitting and assenting to their award and promising swearing mutually to perform it which award when made was confirmed by an Act passed that Parliament to which the Commons assented as they did to other Acts and Bills And here I cannot but take special notice of Gods admirable Providence and retaliating Justice in the translation of the Crown of England from one head family of the royal blood to another by blood force war treason and countenance of the Authority of the temporal and spiritual LORDS and COMMONS in Parliament in the two most signal presidents of King Edward and King Richard the 2 d. which some insist on to prove the Commons Copartnership with the Lords in the power of Judicature in our Parliaments the Histories of whose Resignations of their Regal Authority and subsequent depositions by Parliament I shall truly relate Anno 1326. the 19. of Ed. 2d Queen Isabel returning with her Son Prince Edward and some armed forces from beyond the Seas into England most of the Earles and Barons out of hatred to the Spencers and Kingâ— repaired to them and made up a very great army The King thereupon proclaimed that every man should resist oppose kill them except the Queen Prince and Earle of Kent which they should take prisoners if they could and neither hold any correspondency with them nor administer victuals nor any other assistance to them under pain of forfeiting their bodies estates But they prevailing and the King being deserted by most hee fled into Wales for shelter Whereupon Proclamation was made in the Queens army every day that the King should return and receive his Kingdome again if hee would conforme himself to his Leiges Quo non comparente Magnasâ—es Regni Hereâ—ordiae Concilium injeâ—unt in quo filius Regis Edwardus factus est Cusâ—os Angliae communi Decreto cui cuncti tanquam Regni custodi fidelitatem fecerunt per fidei sacramentum Deinde Episcopum Norwicensem fecerunt Cancellarium Episcopum vero Wintoniensem regni Thesaururium statuerunt Soon after the King himself with most of his evil Counsellors were taken prisoners being betrayed by the Welch in whom they most confided Hagh Spencer Simon Reding Baldoik and others of the Kings party being executed at Hereford Anno 1327. the King came to London about the feast of Epiphany where they were received with great joy and presents Then they held a Parliament wherein they all agreed the King was unworthy of the Crown and fit to be deposed for which end there were certain Articles drawn up against him which Adam de Orleton Bishop of Winchester thus relates in his Apology i Ea autem quae de Consilio et assensu omnium Praelatorum Comitum et Baronum et totius Communitatis dicti Regni concordata ordinata fuerunt contra dictum regem ad amotionem suam a regimine regni contenta sunt in instrumentis publicis Reverendo patre domino J. Dei
is the power of binding the whole Nation by making altering or abolishing Laws without the Kings or Lords concurrent assents to whom they now absolutely deny any Negative voice making the Commons a compleat Independent Parliament of themselves therefore present all their Petitions add esses to them alone without any acknowledgment or notice of the House of Peers to whom they deny any right or title to sit or vote in Parliament unless they will first divest themselves of their Peerage and Barons right of Session and submit to stand for the next Knights and Burgesses place in the House of Common that shall fall void where if they may have any voice or influence the meanest Cobler Tinker Weaver Waterman shall be elected a Knight or Burgess sooner than the best and greatest Peer and every John of Leyden preferred before King or Prince Charls himself Sic Sceptra ligonibus aequant Which Petitions and Pamphlets of theirs have so puffed so bladdered up many Novices and raw Parliament-men in the Commons House unacquainted with the original Constitution bounds proceedings Laws Customs of the Parliaments of England that they begin to act vote dispose of the Army Navy c. without yea against the Lords not expecting their concurrence contrary to all former proceedings of Parliament the Lords just Privileges and their own Solemn League Covenant to maintain them which may prove very destructive to both Houses the Parliament King Kingdom oppressive to their Representatives the people who generally dislike it if not timely redressed and breed such a deadly feud between the Houses as may soon ruine them both and the Kingdom to boot The end of these Anabaptists Levellers Lilburnians being only to destroy the Parliament by setting both Houses at variance they inveighing as bitterly against the power proceedings Ordinances Votes Members undue Elections unequal Constitution of the House of Commons as they do against the Lords Hereupon they have most earnestly pressed in their Pamphlets their late Remonstrances Engagements from their Confederates and Agitators in the Army a speedy period and dissolution of this Parliament a new modelling and more equal distribution of the Members in the very House of Commons for the future c. All which Petitions Papers Remonstrances Pamphlets of theirs tending to the utter subversion of Parliaments the fundamental Laws Government of the Kingdom yea to an introduction of arbitrary popular Polarchy and Tyranny are rather to be ranked among and more agreeable to Jack Cades or the Earl of Straffords and Canterburies Treasons which they exceed by many degrees than to be slighted or countenanced as they are the keeping up the honour of our Peers the rights Privileges of both Houses within their just bounds without interfeiring or incroachment upon one another or invading the peoples Liberties being the only probable means of their of our preservation settlement security Upon which consideration I shall here endeavour as briefly yet fully as I may to vindicate the undoubted Right of the Lords or Peers of this Realm to sit vote in Parliament notwithstanding they are not elected by the people and to make good their right power of Judicature as well of Commoners as Peers against all the cavils of Jesuited Anabaptistical Levellers Lilburnians Sectaries Agitators whom I hope so farr to silence and stop their mouths if not convince their judgements that they shall never be able to reply hereunto SECTION 1. Proving the Lords antient undoubted Right to sit and vote in all English Parliaments with the Grounds thereof though not elected by the People THe sum of all these Levellers object against the Lords right of sitting voting judging in Parliament is this That they sit there only by Patent by the Kings will Tenure or descent not by the Peoples free Election alone as the Knights Citizens and Burgesses doe That the people never intrusted nor invested them with any power but the King That they represent themselves only not the Commons and are the Sons only of Conquest of Usurpation brought in by the Conquerour not of Choice and Election 1. To this I answer first That our Lords Dukes Earls Barons Nobles yea Archbishops Bishops Abbots Priors too who held by Barony â—ate antiently in all our General National Councels and Parliamentary Assemblies many hundred of years before the Conquest both in the Britons and Saxons reigns by right of their Peerage and Tenures as now they doe as I have unanswerably proved in My Historical Collection of the antient Parliaments and Great Councils of England My Antiquity triumphing over Novelty p. 56. to 80. And in my 1 2 and 3. Parts of A Seasonable and Legal Vindication and Chronological Collection of the good old Fundamental Laws c. of all English Freemen Which is likewise attested by Modus tenendi Parliamentum Sir Edward Cook Vowel others and all our Historians Therefore this is a gross mistake That they are the Sons of Conquest introduced by the Conquerour The rather because in all Empires Kingdoms in the world though free and never conquered their Princes Dukes Nobles Lords and great Officers have ever sate in all their Parliaments Senates and General Councels of State by reason of their Honors and places only without any popular Elections as is clear by these Texts of Scripture 1 Chron. 23.1 2. c. 28.1 2. c. c. 29.1.6.24 2 Chron. 1 2 3. c. 5.3 4. c. c. 23.2 3.20 21. c. 30.2 3 6 12. c. 34.29 30. c. 35.7 8. Neh. 9.38 c. 10. Esther 1.13 to 22. Dan. 3.2 3. 2 Chro. 29.30 c. 32.3 Ezra 9.1 c. 10.8 1 Sam. 5.8 c. 29.3 to 10. Psa 68.27 Prov. 8.15.16 Isa 19.11 12 13. Jer. 17.25 c. 26.11.16 c. 36.12.14 c. 37.14 15. c. 38.4.25.27 Dan. 6.1 6 7 8. Jonah 3.7 Psa 2.2 Isa 1.23.26 compared together and by all Historians and Polititians testimonies 2. Secondly that they sit there only by the Kings Patent is false For first many Peers Nobles have been created in and by Parliament at the Commons earnest Petitions by Patents confirmed in Parliament of which there are many Presidents Secondly though the Kings Writ or Patent create others of them Peers Barons without the peoples consent yet the Laws and Statutes of the Realm made by the Commons consents and approved by the people allow the King this power yea authorize enjoyn all Lords Barons to sit in Parliament when thus creaned if there be no just exceptions taken to them by the Houses therefore though they are created Lords and sit in Parliament by the Kings Patents or Writs onely by way of instrument or conveyance yet originally they are made Lords and sit there only by the Laws and Statutes of the Realm to which all the people have consented of which more hereafter Thirdly all antient and new Cities Burroughs who send Citizens or Burgesses to Parliament and Counties who send Knights to Parliament were originally created and invested with this power to elect
be both Judge and Party it behoveth of Right that the King should have COMPANIONS for to hear and determine IN PARLIAMENTS all Writs and Plaints of the Wrongs of the King of the Queen and of their Children and of those especially who otherwise could not have common right concerning their wrongs These Companions are now called Counts after the Latine word Comites For the good Estate of the Realm King Alfred assembled the COUNTS or Earls and ordained by a Perpetual Law that twice a year or oftner they should assemble at London in Parliament to consult of the Government of the people of God c. By which Estate or Parliament many Laws and Ordinances were made which be there recites Bracton l. 1. c. 8. l. 2. c. 16. l. 3. c. 9. in Henry the 3d. his reign and Fleta l. 2. c. 2. p. 66. write thus in Edw. the first his reign in the same words Habet enim Rex cuâ—iaÌ„ suam in concilio suo in Parliamentis suis PRAESENTIBUS Praelatis COMITIBUS BARONIBUS PROCERIBUS aliis viris peritis ubi terminatae sunt dubitationes judiciorum novis injuriis emersis nova constituuntur remedia And l. 17. c. 17. he writes thus Rex in populo regendo superiores habet Videlicet Legem per quam est Rex Curiam suam to wit of Parliament videlicet COMITES BARONES Comites enim à Comitia dicuntur qui cum viderint Regem sine froeno Froenum sibi apponere TENENTVR ne clament subditi Domine Jesu Christe in Chamo froeno maxillas eorum constringe Sir Tho. Smith in his Commonwealth of England l. 2. c. 1. John Vowel and Ralph Holinshed vol. 1. c. 6. p. 173. Mr. Cambden in his Britannia p. 177. John Minshaw in his Dictionary Cowel in his Interpreter Title Parliament Powel in his Attorneys Accademy and others unanimously conclude That the Parliament consisteth of the KING the LORDS SPiRITUAL and TEMPORAL and the Commons which STATES represent the body of all England which make but one Assembly or Court called the Parliament and is of all other the Highest and greatest Authority and hath the most high and absolute power of the Realm And that no Parliament is or can be holden without the King and Lords Mr. Crompton in his Jurisdiction of Courts affirms particularly of the High Court of Parliament f. 1. c. This Court is the highest Court of England in which the King himself sits in person and comes there at the beginning and end of the Parliament and at any other time when he pleaseth ordering the Parliament To this Court come all the Lords of Parliament as well Spiritual as temporal and are severally summoned by the Kings writ at a certain day and place assigned The Chancellor of England and other great Officers or Judges are there likewise present together with the Knights Citizens and Burgesses who all ought to be personally present or else to be amerced and otherwise punished if they come not being summoned unles good cause be shewed or in case they depart without the Houses or Kings special license after their appearance before the Sessions ended And he resolves That the King Lords and Commons doe all joyntly make up the Parliament and that no Law nor Act of Parliament can be made to bind the subject without all their concurrent assents Sir Edward Cook not only in his Epistle before his ninth Report and Institutes on Littleton p. 109 110. But likewise in his 4. Institutes published by Order of the Commons themselves this present Parliament c. 1. p. 1 2. c. writes thus of the high and Honourable Court of Parliament This Court consisteth OF THE KINGS MAJESTIE sitting there as in his royal politick capacity and of the three Estates of the Realm viz. Of the Lords Spiritual Archbishops and Bishops being in number 24. who sit there in respect of their Counties or Baronies parcel of their Bishopricks which they hold also in their politick capacity and every one of these when the Parliament is to be holden ought ex debito Justitiae to have a writ of summons The LORDS TEMPORAL Dukes Marquesses Earls Viscounts and Barons who sit there by reason of their dignities which they hold by descent or creation And likewise EVERY ONE OF THESE being of full age OUGHT TO HAVE a writ of summons EX DEBITO JUSTITIAE The third Estate are the Commons of the Realm whereof there be Knights of Shires or Counties Citizens of Cities and Burgesses of Boroughs All which are respectively elected by the Shires or Counties Cities and Boroughs by force of the Kings writ ex debito Justitiae and none of them ought to be omitted and these represent all the Commons of the whole Realm and trusted for them and are in number at this time 403. He adds And it is observed that when there is best appearance there is the best successe in Parliament At the Parliament holden in the 7. year of H. 5. holden before the Duke of Bedford Guardian of England of the Lords Spiritual and Temporal there appeared but 30. in all at which Parliament there was but one Act of Parliament passed and that of no great weight In An. 50 E. 3. all the Lords appeared in person and not one by Proxy at which Parliament as appeareth by the Parliament Roll so many excellent things were sped and done that it was called Bonum Parliamentum And the King and these three estates are the great Corporation or body of the kingdom and doe sit in two Houses and of this Court of Parliament the King is Caput Principium Finis The Parl. cannot begin but by the Royal presence of the King either in person or representation by a Gardian of England or Commissioners both of them appointed under the great Seal of England c. And 42 E. 3. Rot. Parl. num 7. It is declared by the Lords and Commons in full Parliament upon demand made of them on the behalf of the King That they could not assent to any thing in Parliament that tended to the disinherison of the King and his Crown whereunto they were sworn And p. 35. he hath this special observation That it is observed by antient Parliament men out of Records that Parliaments have not succeeded well in five cases First when the King hath been in difference with his Lords with his Commons Secondly When any of the great Lords were at variance between themselves Thirdly When there was no good correspondence between the Lords and Commons Fourthly When there was no unity between the Commons themselves in all which our present Parliament is now most unhappy and so like to miscarry and succeed very ill Fifthly When there was no preparation for the Parliament before it began every of which he manifests by particular instances From all these and sundry other Authorities it is most evident and transparent That both the King himself and Lords ought of
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
est satisfactum The Pope hereupon taking more boldness than before to trample the English Prelates Clergy under his feet fleece them imperiose solito imperiofius Praelatis Angliae demandavit ut in Anglia omnes beneficiati in suis beneficiis residentiam facientes tertiam partem bonorum suorum Domino Papae conferrent non facientes residentiam dimidiam multis adjectis durissimis conditionibus praedictum mandatum restringentibus per illum verbum et adjectionem detestabilem NON OBSTANTE quae omnem extinguit justitiam praehabitam The Bishops assembling in convocation to exact it the King thereupon by his Nobles advice and instigation sent Sir John de Lexeton a Knight and Lawrence St. Marin his Clark to them strictly commanding them in the kings behalf not to consent by any means to this contribution demanded by the Pope to the desolation of the English kingdom The next year 1247. Vrgente Papali mandato redivivo de importabili contributione Papali praetacta ad quam Episcopi in generali Concilio Clerum infeliciter obligarent fecit Dominus Rex MAGNATES SUOS nec non et Angliae Archidiaconos per scripta sua Regia Londini convocari Quo cum pervenissent die ptaefixo Episcopi omnes sese gratis absentarunt ne viderentur propriis factis eminus adversari Sciebant enim corda omnium usque ad animae amaritudinem sauciri Convenerunt tunc ibidem Archidiaconi Angliae nec non et totius regni Cleri pars non minima CUM IPSIS MAGNATIBUS conquerentes communiter super intolerabilibus frequentibus exactionibus Domini Papae pro quibus Dominus Rex non mediocriter compatiendo tristabatur Res enim publica periclatabatur et commune negotium regni totius agebatur imminebat tam populi quam cleri inanis desolatio et cunctis temporibus inaudita After long consultation the King and Nobles by common advise resolved to send a remonstrance of all their grievances together with Letters in the name of the whole Parliament and kingdom to the Pope and his Cardinals speedily to redress them which Letters they sealed with the Common Seal of the City of London thereby obtained some shew of redress of their grievances which the Nobles further prosecuted and complained of in another Parliament the selfsame year Dominus Rex comperiens regnum suum enormiter undique periclitari by the Popes exactions taxes oppositions jussit OMNEM TOTIUS REGNI NOBILITATEM CONVOCARI ut de statu ipsius tam manifeste periclitantis Oxoniae contrectarent Praelatos autem ad hoc Parliamentum vocavit anxius quia videbat eos tam frequenter per Papulâ—s extortiones depauperari quod frequentia consuetudinem regni ruinam manifeste minabatur Sperabatur igitur communiter aliquod salubre Ecclesiae et universitati ibi statuendum quod tamen omnes fefellit through the Prelates and Clergies cowardise and the kings overmuch compliance with the Pope the Nobles only continuing constant in their oppositions against these papal exactions and enormities being more zealous for the Churches Clergies Prelates liberties against the Popes intolerable exactions oppressions incroachments than they themselves and the only persons who manfully and constantly maintained them when the King Prelates and Clergy through fear cowardise and treachery betrayed and deserted them Anno 1264. Pope Urban being much incensed against the BARONS spoiling the goods of Ecclesiastical persons who were Aliens advanced by his provisions said That he desired to live no longer but till he had subdued the English whereupon he sent a Legate towards England a great Person to wit Sabin a Bishop Cardinal to interdict the Land and excommunicate THE BARONS the oppugners of his Provisions But when he would have entred England he found he could not safely do it by reason of the Barons resistance Whereupon citing some Bishops of the Realm first to Ambayonne and afterwards to Bononia Sententiam excommunicationis et interdictionis super Civitatem Londoniae et 5. Portus necnon quasdam personas illustres ET NOBILES REGNI fulminatum commisit exequendam At illi Sententiam illam contra justitiam illatam attendentes appellarunt ad Papam ad meliora tempora vel ad generale Concilium necnon et supremuÌ„ judiceÌ„ certis de causis et rationibus commendabilibus Quae postea appellatio in Anglia congregato apud Radingum Concilio recitata est et ab Episcopis et Clero approbata et executa Interdictum autem licet inviti suscipientes a Legato praedicti Episcopi secum detulerunt Sed cum applicuissent Doveriae scrutinio ex more in portu facto intâ—â—â—eptum est a Civibus et in minutias dilaneatum jactatur in mare So little did they then regard and so much detest and scorn the Popes unjust Interdict in so just a cause An. 2 E. 1. Rot. Fin. m. 9. in Sched Cook 4 Inst p. 13. Pope Gregory by his Letters demanding the rent of 1000. marks by the year of K. Ed. the 1. reserved for England upon his regranting the Realm to King John the king writ thus to him Se sine PRAELATIS ET PROCERIBUS REGNI NON POSSE RESPONDERE quod jurejurando in coronatione sua fuit astrictus QVOD JURA REGNI SUI SERVARET ILLIBATA nec aliquid quod Diadema tangit Regni ejusdem absque ipsorum requisitus consilio facere And the Parliament being ended he could doe nothing without them who afterwards gallantly opposed his usurpations as will appear by this following president King Edward the 1. in the 29. year of his reign being summoned by the Pope by himself or his Proctors to declare his right to the Realm of Scotland in his Court at Rome where he should receive justice concerning it The King thereupon called a Parliament to consult about it where he refused to return any answer by himself but committed it to the Earls and other Lords of the Land to return the Pope an answer thereunto Who making a large and learned Historical Remonstrance of the subjection of Scotland and her Kings to the Kings of England and of their Homage done to them in all ages as their Soveraign Lords sent it to the Pope with this notable Letter signed as Mat. Westminster and Sir Edward Cook inform us with no less than 100 Seals of Arms of Earls and Barons in the name of the whole Parliament and Kingdom Sancta Romana Ecclesia per cujus ministerium fides Catholica in suis artibus cum ea ut firmiter credimus et teneamus maturitate procedit quod nulli praejudicare sed singulorum jura conservari velit illaesa Sane convocato nuper per Serenissimum Dominum nostrum Edwardum Dei gratia regem Angliae illustrem Parliamento apud Lincolniam generali idem Dominus noster quasdam literas Apostolicas quas super certis negotiis conditionem et statum Regni ex vestra parte receperat in medio exhiberi ac
seriose nobis fecit exponi Quibus auditis diligenter intellectis ita sensibus admiranda quam hactenus inaudita in eis audivimus contineri Scimus enim Pater sanctissime et notorium in partibus nostris ac nonnullis aliis non ignotum quod à prima institutione Regni Angliae Reges ejusdem regni tam temporibus Britonum quam Anglorum superius directum Dominium regni Scotiae habuerunt in possessione vel capitanei superioritatis et recti Dominii ipsius Scotiae successivis temporibus habuerunt nec ullis temporibus ipsum regnum in temporalibus pertinuit vel pertinet quovismodo ad Ecclesiam supradictam Quinimo idem Regnum Scotiae dicti Regni nostri Regibus Angliae atque sibi faeodale extitit ab antâ—quo Nec etiam Reges Scotorum Regnum aliis quam Regibus Angliae subfuerunt vel subjici consueverunt neque Reges Angliae super juribus suis in regno praedicto aut aliis suis temporalibus coram aliquo judice ecclesiastico vel saeculari ex Praeeminentia status suae Regiae dignitatis et consuetudinis cunctis temporibus irrefragabiliter observatae responderunt aut respondere debebant Vnde habito tractatu et deliberatione diligenti super contentis in Literis vestris memoratis communis concors unanimus omnium nostrum et singulorum consensus fuit et erit inconcusse Deo propitio in futurum quod praefatus Dominus noster Rex super juribus Regni Scotiae aut aliis suis temporalibus nullatenus respondeat judicialiter coram Vobis nec judicium subeat quoquo modo aut jura sua praedicta in dubium quaestionis deducat nec ad praesentiam vestram Procuratores aut nuncios ad hoc mittat praecipue cum praemissa cederent manifeste in exhaeredationem juris coronae Regni Angliae et Regiae dignitatis ac subversionem Status ejusdem Regni notoriam necnon ad praejudicium Libertatis Consuetudinum et Legum paternarum ad quarum obfervationem et defensionem debito praestiti juramenti astringimux et quae manutenebimus toto posse totisque viribus cum Dei auxilio defendemus Nec enim permittimus nec aliqualiter permittemus sicut non possumus praemissa tam insolita tam indebita praejudicialia alias inaudita praelibatum dominum regem etiam si vellet facere seu modo quolibet attemptare Quapropter sanctitati vestrae humiliter supplicamus quatenus eundem nostrum dominum Regem qui inter alios Principes orbis terrae Catholicum se exhibet et Romanae Ecclesiae devotum jura sua Libertates et Consuetudines et leges praedictas abique diminutione et inquietudine pacifics pofâ—idere as illibata persistere benignius permittatis A most noble heroical loyal magnanimous Resolution of all the English Peers to their King and Country even against the Popes incroachments on them though then their Ghostly Father Anno 1307. King Edward the 1. held a Parliament ar Carlisle in quae per Majores regni graves deposita sunt querimoniae de oppressionibus Ecclesiarum et Monasteriorum multiplicibus extortionibus pecuniarum per Clericum Domini Papae Magistrum Gulihelmum de Testa noviter in regnum inductis praeceptumque est eidem clerico DE ASSENSU COMITUM BARONUM ne de caetero talia exequatur Ordinatum etiam erat quod pro remedio super hiis obtinendo ad dominum Papam assignati mitterentur Nuncii I shall close up this point with one memorable example more Anno 1312. there being a great difference between King Edward the 2. and his Nobles about his recalling Peter Gaverston after a double exile by sentence of the Lords in parliament who took up arms to expell him by force and desired the King to confirm and execute certain Ordinances they had made else they would by strong hand compell him thereunto hereupon the Popes two Legates then in England came with the rest of the Prelats of England and Earl of Glocester to St. Albans to mediate a Peace between the King and Lords from whence they sent their Clerks to Warhamstede where the Barons then lay with their Army cum Literis summi Pontificis eis pro pace roganda directis Magnates audientes extraneos eis Literas apportate ipsos quidem pacifice receperunt sed literas recipere noluerunt dicentes se non esse literatos sed armis militia exercitatos et ideo videre literas non curarunt Tunc qui missi fuerant requisierunt si placeret eis habere colloquium cum Dominis suis Domini Papae nunciis qui pro pace reformanda personaliter accedere cupiebant Ad haec PROCERES responderunt Se in regno multos habere probos literatos Episcopos quorum consiliis uti volebant et non exâ—rancorum quibus non esset cognita causa commotionis suae praeciseque dixerunt se nullo modo permissuros ut aliquis alienigena vel forensis intromitteret de factis suis aut quibuscunque negotiis eos tangentibus infra Regnum So much did the Lords then slight the Popes Letters and Legates Nuncii Domini Papae tali modo perterriti in crastino summo manè iter versus Londonias maturarunt qui apud Sanctum Albanum loci commoditate illecti moram traxisse per Mensem vel amplius cogitaverant And so intermedled no more therein The same year Henry de Lacy Earl of Lincoln lying upon his death-bed used this Speech to Thomas Earl of Lancaster his Son-in-law heir to 5. Earldoms Quomodo Deus eum prae cunctis in regno ditaverit honoraverit gloriae fecerat abundare Quapropter ait et Deum diligere te et honorare prae caeteris obligaris Cernis Sanctam Ecclesiam Anglicanam honorabilem quondam et liberam per Romanorum Oppressiones Regum hujus regni injustas Exactiones proh dolor ancillatam Vides plebem regni Tributis Tallagiis apporiatam de conditione Libertatis in servitutem actam a true character of our times after all our wars for Liberty and Property Cernis regni Nobilitatem quandoque toti Christianitati venerabilem jam ab alienigenis in terra propria vilipensam Adjuro te igitur per nomen Christi ut virum induas exurgas et eriges te ad honorem Dei Ecclesiae et patriae liberationem adhibeasque tibi virum strenuum nobilem prudentem Guidonem Warwicensem Comitem cum necesse fuerit de regni tractare negotiis qui consilio praeeminet et maturitate pollet Non verearis insurgentes adversantes tibi dimicaturo pro veritate Si his meis monitis acquieveris in aeternum honorem gloriam consequeris Whereupon this Earl pro relevanda sanctae matris Ecclesiae oppressione et recuperanda regni debita libertate confederated with divers other Earls and Nobles who electing him for their General regni Nobilium communi decreti sententia Then they sent Messengers to the K. to
homines quam Deum regni Nobiles primo subdolis pollicitis inclinando conciliavit cogitans postea per fundationem Abbatiae quam construere proposnerat de tanta injuria Deo satisfacere Magnatibus igitur Regni ob hoc Londonium edicto Regio convocatis Rex talibus alloquiis super mel favum oleumque mellitis et mollitis blandiens dixit Amici fideles mei indigenae ac naturales nostis veraci fama reference qualiter frater meus Robertus electus per Deum vocatus est ad regnum Hierosolymitanum foeliciter gubernandum quam frontose illud infoelicirer refutaverit merito propterea a Deo reprobandus Nostis etiam in multis aliis superbiam ferocitatem illius quia Vir bellicosus pacis impatiens est vosque scientet quasi contemptibiles quos desides vocat gluttones conculcare desiderat Ego vero Rex humilis pacificus vos in pace in antiquis vestris libertatibus prout crebrius jurejurando promisi gestio confovere vestris inclinando consiliis consultius ac mitius more mansueti principis sapienter gubernare super his si provideritis scripta subarata roborare iteratis juramentis praedicta certissime confirmare omnia videlicet quae sanctus Rex Edwardus Deo inspirante provide sancivit inviolabiliter jubeo observari Ut mecum fideliter stantes fratris mei imo et mei totius regni Angliae hostis cruentissimi injurias potenâ—er animose voluntarie propulsetis Si enim fortitudine Anglorum roborer innanes Normannorum minas nequaquam censeo formidandas Talibus igitur promissis quae tamen in fine impudenter violavit omnium corda sibi inclinavit ut pro ipso contra quemlibet usque ad capitis expositionem dimicarent This Duke thereupon departing into Nâ—rmandy was followed thither by King Henry who there taking him together with the Earl of Morton and other Nobles Prisoners brought them over to England where they were adjudged to perpepetual prison by the BARONS and Duke Robert to be put to death as Henry de Knyghton thus relates Robertus vero captus pudorosae et immani morti adjudicatus est Henricus vero frater ejus non sustinens ignominiam tantam protendere in sanguine suo institit er go BARONES suos who passed a sentence on him in a Parliamentary Council ET IMPETRAVIT AB EIS quod praedictus Robertus debet exoculari exâ—â—cari cum bacillo ardenti Sicque apud Lincolniam perpetuo carceri mancipatus Anno 1107. The King and Anselm by the Popes mediation and others coming to an accord Hereupon the King returning into England advenatis ad Curiam ejus in Pascha Terrae Principibus dilata est Ecclesiarum ordinatio quam Rex se facturum disposuerat by reason of the Popes coming into France to the Council of Trecis But afterwards in August Factus est Conventus Episcoporum et Abbatum pariter Magnatum or Procerum Regni Londoniâ—s in Palati◠〈◊〉 where per consilium Anselmi Procerum Regni annuit Rex statuit this accord and Decree was made ut ab eo tempore in reliquum nunquam per donationem baculi Pastoralis vel annuli quisquam de Episcopatu vel Abbatia per Regem vel quamlibet Lâ—icam personam investiretur in Anglia Concedente etiam Archiepiscopo ut nullus ad Praelationem electus pro homagio quod Regi faceret consecratione suscepti honoris privaretur which being concluded Coepit Anselmus coram Rege Regnique Episcopis atque Principibus exigere a Gerardo Archiepiscopo Eboracensi professionem de sua obedieutia subjectione quam non fecerat ex quo de Episcopatu Herefordensi ad Achiepiscopatum Eboracensem translatus fuerat Ad quae cum Rex ipsâ— diceret sibi quidem non videre necesse ut professioni quam ordinationis suae tempore Gerardus fecerat aliam superadderet praesertim cum licet Ecclesiam mutaverit idem tamen qui fuerat in persona remansit nec a prima professione absoluâ—us extiterit Anselmus in praesenti quidem Regiis verbis adquievit ea conditione ut Gerardus in manum sibi daret se eandem subjectionem in Archiepiscopatu ei servaturum quam in Episcopatu professus fuerat Which Gerardus aâ—enting to and presently performing before them Exin STATUTUM EST ut qui ad Episcopatum electi erant Cantuariam iâ—eâ—t ibi dignitatis ipsius benedictionem ex more susciperent In the year 1108. King Henry in the Feast of Pentecost advenatis ad Curiam suam apud Londoniam cunctis Magnatibus Regni cum Anselmo Archiepiscopo et caeteris Episcopis Angliae tractavit concerning the chastity and against the mariage of Priests and Clergy-menâ— concerning which several Laws and Canons were then made and published with other good secular Lawes against theeves clipping and falsifying of money c. which were thus praefaced Haec sunt Statuta c. quae statuerunt Anselmus Cantuariensis Archiepiscopus Thomas Eboracensis Archieriscopus electus cum eo Omnesque alii Angliae Episcopi in praesentia gloriosi Regis Henrici Assensu Comitum et Baronum suorum statutum est c. Anno 1109. there arising a difference between Anselm and Thomas the elect Archbishop of York about his consecration and subjection to Anselm thereupon Anselm calling the rest of the Bishops to him by their advice summoned him by 2. Bishops to come to Canterbury there to receive his consecration and to make such subjection to him as he required unless he could prove he ought to be exempted from it Whereupon the King sent a Writ to Anselm under his Seal to adjourn the difference between Thomas and him till Easter EGO enim si infra praedictum â—terminum in Angliam rediero Consilio Episcoporum et Baronum meorum vos juste honorifice inde concorcabo c. Upon which Anselm returned this peremptory answer not to Thomas but to the King himself De induciis autem quas Thomae Ebor Archiepisc dare mandaverat pro certo scirer quod prius pateretur totus membratim dissecari quam de negotio in quo illum contra antiquas sanctorum Patrum sanctiones se injuste adversus Deum erexisse sciebat vel ad horam illas aliquando daret And writ a peremptory Letter to Thomas not to presume to intermeddle in any kind in the exercise of his pastoral cure until he had desisted from his rebellion against the See of Canterbury and done that subjection to himself which his predecessors Thomas and Gerard had formerly made out of the antient custom of their antecessors charging him without such a profession of subjection never to receive consecration to that See under pain of an Anathema and interdicting all the Bishops of England under pain of Excommunication not to consecrate him nor yet to have any Christian communion with him if consecrated by any foraign Bishops Soon after which Letter Anselm
of Attainders in cases of high Treason did not institute them Judges of these persons nor give them any share in the judicial right and power of Parliaments 1. Because most of these persons thus attainted by Bill were Queens Dukes Earls Lords Barons and Peers of the Realm who were triable to be judged only by their Peers none else by the Common Law of England Magna Charta c. 29. and sundry other Acts not by the Commons who are not their Peers 2ly Because most of these parties thus attainted by those Bills were first attainted tried judged condemned in Parliament by the Lords alone as their proper Judges upon the complaints or impeachments of the Lords Appellants or of the Commons themselves or else before some other Judges upon indictments and legal tryals and those Acts did only confirm and ratifie their precedent attainders recited in them 3ly Because in many of these Acts the Commons did only petition that their Attainders might be ratified by Bill and the King and Lords assents thereto which was done at their request as Petioners not Judges 4ly Because their Judgements and Attainders passed formerly by the Lords and Judges were good in Law though thus ratified afterwards by Bill for the greater terror certainty and satisfaction and these Bills did pass no new Judgements and Attainders upon the parties but only ratifie the old and in cases where there was no precedent Attainder they attaint them only by vertue of their Legislative power without any indictment tryal or hearing of the parties themselves as Judges of them some of them being dead when attainted taking all the charges in the Bills pro confesso and notoriously true and proved such by some other precedent legal convictions and evidences 2ly There is a formal proper Judgement given in our Parliaments both in criminal and civil causes upon complaints Articles Petitions Impeachments Inditements Informations Writs Appeals Reports References and that either against or concerning Peers themselves or against or concerning Commoners and other Laicks or Clergy-men And in all such cases proceedings the King and Lords alone have a proper judiciary power or right of Judicature without the Commons vested in and executed by them which I shall abundantly evidence and make good by sundry memorable Presidents out of our Histories and Records in all ages not vulgarly known and for the most part never yet remembred by any who have wriâ—ten of our Parliaments and the proceedings in them whose Treatises are very slight unsatisfactory and in many things of this nature erronious I shall begin first with presidents concerning Ecclesiastical Temporal Lords alone proceeded against impeached judged censured in our Parliaments for sundry criminal causes Offences Treasons wherin the House of Commons can challenge no share or voice in the Judicature especially in the case of Temporal Lords who are such in their own right and sit in Parliament ratione Nobilitatis but the Lords alone and that by the express Letter and Resolution of the Great Chariers of King John and of King Henry 3. and Ed. 1. c. 14.29.15 E. 3. c. 2 3 4. and roâ— Parl. n. 6.8.11 R. 2. rot Parl. n. 6 7.5 H. 4. rot Parl. n. 12.28 H. 6. ror Parl. n. 51 52 53. 20 H. 6. c. 9.26 H. 8. c. 13.28 H. 8. c. 7.18.31 H. 8. c. 12.32 H. 8. c. 4.33 H. 8. c. 12 20 23.35 H. 8. c. 2.1 Ed. 6. cap. 12. 1 Mar. c. 6.1 2 Phil. Mar. c. 3.4 5 Phil. Mar. c. 4.1 Eliz. c. 1.5.5 Eliz. c. 11.13 Eliz. c. 1.14 Eliz. c. 1 2 3. 18 El. c. 1.23 El. c. 1 2.27 El. c. 2.3 E. 3.19 Fit Corone 16â— 1 H. 4.1.10 E. 4.6 Brooke Trial 142. Stamford l. 3. c. 1. f. 152.33 H. 8. Brookâ— Trial 142.34 H. 8. Bro Corone 172.13 H. 8.11 Br. Treasons 29.38 H. 8. Br. Treasons 2.33 Dyer 99.107.208.360 Cook 6 Rep. f. 52.9 Rep. f. 30.87 and Cooks 2 Instit f. 28 29 48 49 50. and his 3 Instit c. 1. 2. p. 27 28 29.30 31. All which declare enact resolve That the Peers of this Realm shall not be tried or proceeded against but only by the lawfull judgement and verdict of their Peers The Lords and Barons of Parliaments trial by Peers alone of their own rank being so essential that they cannot waive nor put themselves upon the trial of the Country by 12. ordinary Freeholders as was resolved in the Lord Dacres case Pa. 26 H. 8. Cooks 3 Institutes f. 30. much less then can they waive their Peerage it self and sit as Commoners in the Commons house as I have formerly proved The first president I meet with in our Histories of this nature is in the reign of Cassibelan the British King who having repulsed Julius Caesar upon his first landing in this Island and forced him to return into France Edictum fecit ut omnes Proceres Britanniae convenirent to the City of â—roynovant now London where Evelin nephew to Androgens Duke of Troynovant slaying Heralgas nephew to Cassibelan upon a sudden quarrel as they were playing together Cassibelan thereupon commanded Evelin to be brought before him talem sententiam quam Proceres regni judicarent subire which Androgeus opposing â—aying sese suam Curiam habere in illa diffiniri debere quicquid aliquis in homines suos clamaret thereupon Cassibelan threatned to waste his Country with fire and sword if he refused to deliver up his Nephew to justice to undergo the sentencâ— quam Proceres dictarent which he accordingly executed for refusing to put his Nephew upon the Trial and Judgement of the Nobles for this murder The next president I find is that of Wilfrid Archbishop of York who for refusing to divide his Bishoprick into two Bishopricks more and for endeavouring to perswade Queen Emburga to become a Nun and desert her husband Egfrid King of Northumberland was through that Queens malice and prosecution in two several Parliamentary Councils Anno 678. 692. twice deprived of his Archbishoprick and banished the Realm by King Egfrid Theodor Archbishop of Canterbury and the rest oâ— the Bishops and Nobles of the Realm assembled in these Councils and at last restored to his Archbishoprick again in another Council An. 705. by King Osred his will and consent About the year of our Lord 924. Elfred a Nobleman who opposed Aethelstans title and election to the Crown though in vain intended to seise upon him at Winchester and put out his eyes but his Treason being discovered he was apprehended and sent to Rome to purge himself thereof by Oath where he abjuring the fact before the Altar of St. Peter in the presence of Pope John the 10th fell down suddenly to the ground as dead and being thereupon carried away thence to the English School he there expired within 3 dayes after The Pope acquainting the King therewith and craving his advice what to do with him and whether he should have Christian burial the King thereupon
Communi Iudicio Which he more amply relates in his History of England p. 69. to 77. Here we have judgement of banishment given against Gaverston by the Lords in Parliament 3. several times the 1. whiles a Commoner the two later whiles an Earl as an Enemy to the Realm and publike Traytor and a Sentence of death denounced against him in case he returned which was accordingly executed on him by the common Sentence of the Lords A Convincing proof of their Jurisdiction in criminal Causes both over Commoners and Peers His second banishment by the Lords was ratified by a Bill as the Spencers was to which the Commons gave their Assent as they did to two Acts in the Parliament of 7 Edward the 2. printed in Totles Magna Charta part 2. f. 43 44. Ne quis occasionetur pro reditu as also pro morte Petri de Gaverston made by the Grant and Assent of the King Archbishops Bushops Abbots Priors Earls and Barons ET TOUTE LA COMMVNALTIE de nostre Royalm By which Bill his Lands were all forfeited and giveâ— to the King as appears by Claus 1.2 E. 2. m. 5. where Hugh de Audeley the younger and Margaret his wife petitioned A nostre Seigneur la Roy son Counscil PRELATES COUNTS BARONS de la terre The Petition was for the Earldom of Cornwall after the death of Peter de Gaverston to whom it was given in general tayl Margaret being his daughter and heir because THE GREAT CHARTER wills that after the death of a Baron his heir shall have his heritage and mariage and the Statute of Westminster 2. wills That heirs in tayl shall not be prejudiced by the deed fine or feofment of their Ancestors and the GREAT CHARTER also wills That no man shall be outed of his freehold without the award and judgement of the Law of the Land Afterwards upon debate of this Petition pro eo quod recordatum fuit by the LORDS AND COMMONS that it had been AGREED BY THEM that all things given by the King to Gaverston and Margaret should be revoked per quod in hoc Parliamento modo per praefatos Praelatos Comiteâ— Barones et totain Communitatem Regni cousideratum est that the Earldom and all the rest of his Landâ— should remain in the King that all Charters of it should be repealed all enrolments cancelled quod est adjudicatum intretur ad Scaccarium et ad utrumque Câ—riâ—m there to be inrolled also And there is a writ directd to the Treasurer and Barons and Chief Justices of both Benches to inrol it in this Roll. This judgement being by way of Bill in pursuance of the former Bill for his attainder had the Commons assent thereto as well as the Lords though the Petiâ—ion here was directed only to the King and Lords for restitution not to the Commons who could not be Gaverstons proper Judges in Parliament being a Peer but only by way of Bill of Attainder In the 15 year of King Ed. 2. the two Sir Hugh Spencers Father and Son were articled against impeached and condemned of High Treason by the Lords in Parliament and exiled by their judgement without the Prelates or Commons who only consented to the Act for their banishment after the judgement given of which at large before to which I shall here annexe the Arricles of their impeachment being very memorable Alhonnour de Dieu de sainct esglise et de nostre seignour le roy et au profite de luy et de son royalmâ— a peace de quiete maintenir en son people et pur meinteynment de lestate de la Corone luy monstrent Praelates Counâ—z et Barons et les autres Pieres de la terre common du royalme contresir Hugh le Despenser le fitz et Sir Hugh le Despenser le Pier que come le dit sire Hugh le Despenser le fitz au Parlement Deverwike fuit nosme et assentu destre en lossice du Chamberlain nostre seignor le roy de servir en cel office come afferoit An quel parlement fuit auxi assentu que certeins Prelates et â—u res Grandes du roialme demorerent pres de roy par sâ—isons de lan pur meulx counseiler nostre seignor le roy sans queux nul grosse bosoigne ne se deveroit fair le dit sir Hugh le fitz attreit a luy syr Hugh son pier que ne fuit nient assentu ne accorde en parlement a demourer ensi pres de roy enter eux deux acroachant a eux royal power sur le roy fes ministers le guyment de son royalme a dishor our du roy emblemisement de sa corone et destruction du royalme des grandes et du people et sesoient les maluesiees desâ—us escriptes en compassant deâ—â—oigner le coer nostre seignour le roy des Piers de la terre pur avoir eux soule governance de la terre En primes que sir Hugh le Dispenser le fitz feusi coruce vers le roy et sur ceo coruce fist un bille sur la quel bille il voillet auoir en aliance de sir John Gyffarde de Brymmesfeld sir Richard de Greye et dautre davoir mesne le roy par aspertee de faire sa volunte issent que en luy ne temist mye que il ne â—e euâ—t fair â—a tenure de la bille sensuit sous escript Homage serement de ligeance est pluis par reson de la corone que per reason de person le roy pluis se lie a la corone que a la person ceo piere que avant que â—estate de la corone soit descendu nul ligeance est a la person regardant Dont si le roy par case ne se meisne par reasone en droit de la corone les leiges sont lies per sâ—rement fait a la corone de remeuer le roy et le state de la corone par reason auâ—rement ne serroit le serement tenus Ore fait a demander coment lem doit amesner le roy ou par suite de ley ou par aspertee par suite de ley ne luy poet home pas redresser â—ar il navera pas juge si ceo ne soit depart le roy En quel case si la volunte le roy ne soit accordant a reason si naveroit il forsque errour maintenue confirme Dont il covient pur le serement lauuer et quant le roy ne voet chose redresser oustre que est pur le common people malueis et damageous pur la corone a judger est que la chose soit ousle par aspertee que il est lie par â—on serement de governer son people ses lieges ses liege â—ont lies de govern en eide de luy en defaut de luy Et auxint par lour covin
Vice-Chamberlain before the King and Lords of divers offences against the King who taking the accusation to be good because of the Bishops order and that he was of the kingâ— linage pardoned the said Bishop all his misprisions done against his person and reconciled the Bishop and Sir Thomas one to another And n. 30 31. all the Lords Temporal whose names are there recorded being 25. in number by assent of the King declared and ADJUDGED Thomas Holland late Earl of Kent John Holland late Earl of Huntingdon John Mountague late Earl of Salisbury Thomas le Despencer Sir Ralph Lumley Knight and divers others who were for their Rebellions and Treasons in levying war against the King taken slain or beheaded by certain of the Kings Subjects to be Traytors and that they should forfeit all such Lands as they had in fee the 5. of January the first year of the King or at any time after with all their goods and chattels The Record is Toutz les Seigneurs temporelz esteantz en Parlement per ussent du Roy declarerent et adjuggerent les ditz Thomas c. pur Trayteurs pur la leve de Guerre encountre lour Seignior le Roy nient obstant qils furent mortz sur le dâ—t leve de guerre sanz process de ley Lo here the Lords alone by the Kings assent declare and adjudge what is Treason both in the case of Lords and Commoners too and â—taint and give Judgement against them both without the Commons after their deaths without legal trial In the Parliament of 5 H. 4. rot Parl. n. 11 12 13 14. On Friday the 18 of February the Earl 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 allegeance and especially for gathering power giving of Liveries for which he put himself upon the Kings grace and prayed pardon the rather for that upon the Kings Letters he yielded himself and came to the King at York whereas he might have kept himself away Which Petition by the Kings command was delivered to the Justices to be examined and to have their counsel and advice therein Whereupon the LORDS made a Protestation que le Juggement appentient a â—ux 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 aus queux teils juggemeâ—t apperteignent de deoit to whom such Iudgements 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. year of King Edward the Kings Grand father that now is concerning the Declaration of Treason as the Statutes of Liveries made in this Kings reign ADJUDGED That that which was done by the said Earl contained within his Petition was neither Treason nor Felony but Trespas for which the said Earl ought to make fine and ransom at the will of the King Whereupon the said Earl most humbly thanked our Lord the King and the said Lords his Peers of Parliament for their rightfull judgement and the Commoners for their good affections and dâ—ligence used and shewen in this behalf And the said Earl further prayed the King that in assurance of these matters to remove all jealousies and evil suspitions that he might be sworn a new in the presence of the King and of the Lords and Commons in Parliament and the said Earl took an Oath upon the Crosier of the Archbishop of Canterbury to be a faithfull and loyal liege to our Lord the King the Prince his Son and to the heirs of his body inheritable to the Crown according to the Laws of England Whereupon the king out of his grace pardoned him his fine and ransom for the trespass aforesaid After which num 17. the Lords Spiritual and Temporal humbly thanked the King sitting in his royal Throne in the white Chamber for his grace and pardon to the said Earl of his fine and ransom and likewise the Commons thankâ— the Lords Spiritual and Temporal for the good and just Iudgement they had given as Peers of Parliament to the said Earl From this memorable Record I shall observe First that though this Declaration of this Earls case was made by his Petition in the presence of the King Lords and Commons in Parliament according to the Statute of 25 E. 3. yet the Lords only by Protestation in presence of the King and Commons claimed to be the sole Iudges of it as Peers of Parliament and belonging to them OF RIGHT Secondly That this claim of theirs in this case was acknowledged and submitted to both by the King and Commons and thereupon the Lords only after serious consideration of the case and Statutes whereon it depended gave the definitive sentence and judgement in this case that it was neither Treason nor Felony but Trespass only c. Thirdly That the Earl thanked the King only for his grace the Lords for their just Iudgement and the Commons only for their good hearts and diligence having no share in the judgement though given by the Lords both in the Kings and their presence and that the Commons themselves returned special thanks to the Lords Spiritual and Temporal in Parliament for their good and just judgement Fourthly That this judgement of the Lordr only was final and conclusive both to the King and Commons who acquiesced in it In the Parliament of 2 H. 5. rot Parl. num 13 14. Thomas Mountague Earl of Salisbury son and heir of John Mountague Earl of Salisbury exhibited his petition in Parliament to reverse a judgement given against his said father in the Parliament at Westminster in the second year of King Henry the fourth rot Parl. n. 30 31. forecited wherein amongst others he was attainted of Treason by judgement of all the Temporal Lords in Parliament and thereupon he exhibited certain reversals of Judgements given in Parliament as making on his behalf to the Lords consideration reversed for some errors assigned in those judgements to wit one judgement given against Thomas heretofore Earl of Lancaster before King Edward the second at Pomfract the Monday before the feast of the Annunciation in the fifteenth year of his reign and another Judgement against Roger de Mortymer late Earl of March in the Parliament of King Edward the third the Monday after the feast of St. Katherine in the fourth year of his reign at Westminster Which Judgements being distinctly and openly readâ— and fully understood It seemed to the King and Lords that the case of the death and execution of the said John late Earl of Sarum and of the judgement aforesaid against him given is not nor was like to the case of the executing of the said Th. heretofore Earl of Lancaster nor to the case of the putting to death of Roger Earl of March nor to any judgement given against
spiritual Cour◠for a temporal cause belonging to the Crown and Common Law which was adjudged by the Lords upon examination to be untrue To passe by the accusation of Sir Philip Courtney of divers hainous matters oppressions dissensions before the King and Lords in the Parliament of 16 R. 2. n. 6.13 14. of which more anon In the Parliament of 17 R. 2. n. 20 21. John Duke of Lancastre Steward and Thomas Duke of Gloucester Constable of England complained to the King that Sir Thomas Talbot Knight with other his adherents conspired the deaths of the said Dukes in divers parts of Cheshire as the same was confessed and well known and prayed That the Parliament might judge of the fault Whereupon the King and the Lords in Parliament without the Commons adjudged the said fact to be open and High Treason And thereupon they awarded two Writs to the Sherifs of Yorks and of Derby to take the body of the said Sir Thomas retornable in the Kings Bench in the month of Easter next ensuing And open Proclamation was made in Westminster Hall That upon the Sherifs retorn and at the next coming in of the said Sir Thomas he should be convicted of Treason and incurr the loss and pain of the same and that all such who should receive him after the Proclamation should receive the like losse and pain In the Parliament of 20 R. 2. n. 15 16 23. Sir Thomas Haxey Clark was by the King Lords in Parl. adjudged to die as a Traytor and to forfeit all his Lands Goods Chattels Offices and Livings for exhibiting to the House of Commons a scandalous Bill against the King and his Court for moderating the outragious expences of his Court by Bishops and Ladies c. Upon the Bishops intercession the King spared his life and delivered him into the custody of the Archbishop to remain as his Prisoner In the Parliament of 21 R. 2. n. 19 20. Pl. Parl. n. 2. to 15. The Lords Appellants appealed Sir Tho Mortimer Knight of High Treason for raising war against the King accroaching royal power and purposing to surrender his homage and allegiance and depose the King Who flying into the parts of Ireland thereupon the Lords in Parliament assigned him a certain day to come and render himself to the Law or else to be adjudged and proceeded against as a Traytor and Proclamation thereof was made accordingly in England and Ireland to render himself within 3 months And that after that time all his Abettors and Aiders should be reputed for and forfeit as Traytors He not coming at the day The Duke of Lancaster Steward of England by assent of the Lords in Parliament adjudged him a Traytor and that he should forfeit all his Lands in fee and see tayl together with all his Goods and Chattels The like Judgement in like manner was in the same Parliament given against Sir John Cobham Knight for the like Treason Placit Coronaen 16. On the 22 day of March 22 R. 2. n. 27. The King by assent of the Lords adjudged Sir Robert Plesington Knight then dead a Traytor for levying war against him with the Duke of Glocester at Harrengary for which he should lose all his Lands in fee or fee tayl and all his goods And n. 28. Henry Bowht Clerk for being of Counsel with the Duke of Hereford in his device was adjudged by the King and Lords to die and forfeit as a Traytor after which his life was pardoned and he banished In the Parliament of 1 H. 4. n. 79. As the Commons acknowledged that the Iudgements in Parliament had always of right belonged to the King and Lords and not unto the Commons So therein the King and Lords alone without the Commons gave Judgement in sundry cases as Judges in Parliament 1. In Sir Thomas Haxey his case who in his own name presented a Petition in this Parliament a nostre tresedoute seigniour le ROY a LES SEIGNIORS DU PARLIAMENT shewing that in the last Parliament of 21 R. 2. that he delivered a Bill to the Commons of the said Parliament for the honour and profit of the said King and of all the Realm for which Bill at the will of the King he was by the King and Lords adjudged a Traytor and to forfeit all that he had praying that the record of the said Judgement with the dependants thereupon might be vacated and nulled by them in this present Parliament as erronious and that he might be restored to all his degrees farms estate goods chattels ferms pensions lands tenements rents offices advow sons and possessions whatsoever and their appurt and enjoy them to him and his heirs notwithstanding the said Iudgement or any grant made of them by the King The Commons House exhibited a Petition likewise on his behalf to the like effect adding that this judgement given against him for delivering this Bill to the Commons in Parliament was eneontre droit et la course quel avoit estre use devant in Parlement en anientesment des Customs de◠le◠Communes Upon which Petitions Nostre Seignior le ROY de Induis assent des touz les Seigniors esperituelz et temporelz ad ordinez et adjudges que le dit juggement renus vers le dit Thomas in Parlement soit de tout casses revorses repellez et adnullez et tenus pur nul force n'effect et que le dit Thomas soit restitut a ses nom et fame c. nient obstant mesme le juggement 2ly In the case of Judge Rickhill 1 H· 4. n. 92. On the 18 of November the Commons prayed the King that Sir William Rickhill late Just of the Common Bench arrested for a Confession he had taken of the Duke of Gloucester at Calice might be brought to answer for it devant les Seigniors du Parlement whereupon he was brought into Parliament before the Kings presence and all the Lords spiritual and temporal and Commons assembled in Parliament where Sir Walter Clapton Chief Justice of the Kings Bench by the kings command examined the said Sir William how and by what warrant he went to Calice to the said Duke of Glocester and upon what message Who answered that king Richard sent him a special Writ into Kent there recited verbatim commanding him by the faith and allegiance whereby he was obliged to him and under pain of forfeiting all he had to goe unto Caleys And that at Dover he received a Commission from the said king by the hand of the Earl Marshal to confer with the Duke of Glocester and to hear whatsoever he would say or declare unto him and to certifie the king thereof in proper person wherever he should be fully and distinctly under his Seal Whereupon he went thither and took the said Dukes Examination in writing according to the purport of the said Commission a Copy whereof the Duke himself received c Upon the hearing of his answer and defence
upon him nor condemn him but by the lawfull judgement of his Peers or by the Law of the Land Whence thus they argue The Lords in Parliament are not Commoners Peers but the Commons only therefore they cannot be judged in Parliament by the Lords but by the Commons alone and if Peers there judge Commoners it is a tyranny and usurpation even against Magna Charta it self though it be in case of privilege To take away this grand seeming Objection and give it a satisfactory answer I say First in general that there is scarce one Parliament ever since Magna Charta was first confirmed but the Lords have sentenced and given Judgement against some Commoners capitally or penally in body purse or both without the Commons and did so doubtlesse before Magna Charta was made as I have already manifested yet never did the Commons in any one of those Parliaments till this present complain of it as a violation of Magna Charta or a tyrannical usurpation as Lilburn and Overton stile it but acknowledged ir as a just right in the Lords even in 3 Caroli it self when the Petition of Right was passed in the Lords Judgement and Sentence against Dr Manwaring a Commoner impeached by the Commons in Parliament And therfore for this Ignoramus alone against the judgment of the Commons in Parl. in all ages to averr this a breach of Magna Charta for imprisoning and sining him for the highest affront and breach of privilege ever offered to any Parl. is the extremity of ignorance malice singularity Secondly I answer That the Statute of Magna Charta extendeth not to nor was ever intended of the high Court of Parliaments Judgements Proceedings but only to and of the Proceedings Judgements in the Kings great Courts of Justice at Westminster Hall the Exchequer his Privy Council and other inferior Courts held before Judges Justices of Assise and other Officers as is evident by comparing this objected Chapter with c. 11 12 13 14 18 28 30 34 37. by the Statutes of 25 E. 3. Stat. 5. c. 4. 28 E. 3. c. 3. 37 E. 3. c. 18. 38 E. 3. c. 9. 42 E. 3. c. 2. 17 R. 2. c. 6. and the Petition of Right it self 3. Caroli which so expound it there being never any complaint against the Parliament it self or House of Peers in any age for breach of Magna Charta in censuring or imprisoning Commoners till now Therefore this misapplying of this Law to the Parl. and House of Peers is a gross oversight Thirdly the very literal sence of this Law is much mistaken by the Objectors The main scope whereof is this That no man should be deprived of his Freehold Liberties Limbs life or outlawed exiled or otherwise destroyed without legal process in due form of Law in Courts of Justice not by meer force violence injustice arbitrary and tyrannical power or martial Law nor being brought to his legal trial or answer And that none should pass upon them in any trials for freehold or life but only English Freemen Now in respect of Freedom any every Freeman of England is a Peer to another Freeman quatenus such a one within this Law though of an higher degree in point of honour dignity office estate as Knights Esquires Gentlemen Yeomen Citizens Merchants these as Freemen are all Peers one to another and may pass upon each other in Juries both in civil and criminal causes and this clause No Freemâ—n shall be imprisoned c. but by the lawfull judgement of his Peers extends only to villains and those who are not Freeholders from being Iudges of Freemen and Freeholders in trials by Jury whence the Writs to the Sherifs to summon Jurors require them alwayes to return Liberos Legales homines not to exclude Lords or Peers who are Freemen in the highest degree to be Judges of Commoners who are Freemen So as the Argument from the true meaning of this Law can be but this in respect of the persons quality who are to give judgement Villains and those who are no Freemen are not to be Judges of or impannelled in Juries to condemn Freemen because they are not their Peers nor Freemen as well as they Therefore Lords who are Freemen of the highest degree may not give judgement against Commoners who are Freemen Very learned nonsence We all know that the Lord Chancellor of England Lord Keeper Lord Treasurer Master of the Court of Wards and some of the Judges of the Kings Courts in Westminster Hall in former times with the Chief Justiciar and Justices in Eyre were antiently and of late too as the Earl of Holland and others Peers of the Realm not Commoners and that all the Peers of the Realm are in Commissions of Oyer and Terminer and of the Peace yet did we never hear of any Commoner demurring or pleading thus to any of their Jurisdictions in Chancery Kings Bench the Exchequer Chamber Eyres Assises or Sessions Sir I am a Commoner and you are a Peer of the Realm but no Commoner as I am besides you sit here only in the Kings right doing all in his name and representing his person who is not my Peer but Sovereign Therefore you ought not to judge my cause condemn my person nor give any sentence for or against me it being contrary to Magna Charta which enacts That no freeman should be judged or passed upon or condemned but by the lawfull judgement of his Peers Certainly no person was ever yet so mad or sottish to make such a Plea before Ignoramus Lilburn And if Lords Peers may judge the persons causes of Commoners in the Chancery Kings Bench Exchequer Court of Wards Eyres and at Assises Sessions without any violation of this clause in Magna Charta though they are exempted to be impannelled or serve in Juries in cases of Commoners as Commoners in Juries to try them much more may the House of Peers in Parliament doe it who are certainly Peers to Commoners as Freemen though Commoners be not Peers to them as Lords within the meaning of Magna Charta chap. 29. Fourthly If the Lords in Parliament cannot meddle with or give judgement in Commoners causes without breach of this clause in Magna Charta then why did Lilburn himself sue and petition to the Lords as the only competent Judges to reverse his sentence in Star Chamber and give him damages because it was against this very Chapter of Magna Charta If Lords cannot give judgement in the case of Commoners as now he holds without express violation of this Law then himself in petitioning the Lords to relieve him against the Star-Chamber sentence because contrary to this very Law and Chapter of Magna Charta was a great a violator of it as his Star-Chamber censurers and his sentence in Star-chamber remains still unreversed because the Lords examining reversing of it they being no Commoners as he is but Peers was Coram non judice and meerly void by the Statute of 25 E.
Christ beseeching all that fear God to behave themselves as obedient Subjects to the Queens Highness and the superiour powers which are ordained under her rather after their example to give their heads to the block than in any point to rebell against the Lords anointed Queen Mary in no point consenting to any Rebellion or sedition against her Highness but where they cannot obey but must disobey God there to submit themselves with all patience and humility to suffer as the will and pleasure of the higher powers shall adjudge Against the doctrine practice of some new Saints of this iron age who will ward off Christs wooden Cross with their iron swords and rather bring their Soveraigns heads to the block than submit their own heads unto it for their very Treasons and Rebellions against them So farr are they from believing practising the very first Alphabetical Lesson of our Saviours prescription and real Christanity Mat. 16.24 If any man will come after me let him deny himself and take up his cross and follow me The Duke of Northumberland for that he was appointed General of the Army in this Quarrel of the Lady Jane though Queen de facto was arrested of High Treason together with 3. of his Sons the Marquess of Northampton the Earl of Huntindon with sundry Knights Gentlemen and sent prisoners to the Tower of London The 16. of August next following the said Duke and Nobles were publikely arraigned of High Treason in Westminster hall before Thomas Duke of Norfolk High Steward of England being brought to the bar the D. used great reverence to his Judges professing his faith and allegiance to the Queens Majesty whom he confessed he had grievously offeâ—ded saying that he meant not to speak any thing in defence of his face but would first understand the opinion of the Court in 2. points 1. Whether a man doing any Act or thing by authority of the Princes Councel and by Warrant of the Great Seal of England and nothing doing without the same may be charged with TREASON for doing any thing by such Warrant Which question was grounded on this very Statute of 11 H. 7. c. 1. 2. Whether any such persons as were equally culpable in that crime and those by whose Letters and Commandment he was directed in all his doings might be his Iudges or passe upon his Tryal as his PEERS To the 1. was answered mark it That the Great Seal he had for his Wâ—rrant was not the Seal of the Lawfull Qu. of the Realm nor pâ—ssed by her Authority but the Seal of an Vsurper and therefore could be no Warrant to him To the 2. That if any were as deeply to be touched in that Case as himself yet so long as no attainder was of Record against them they were nevertheless persons able in Law to pass upon any tryal and not to be challenged therefore but at the Princes pleasure After which the Duke and the rest of the Lords using but few words declaring their earnest repentance and imploring the Queens mercy confessed this Indictment of Treason and thereupon had Iudgement passed upon them as Traytors And the Duke with Sir Iohn Gates and Sir Thomas Palmer were accordingly executed on Tower Hill August 22. confessing the Iustice both of their Iudgement and Execution as TRAYTORS and not justifying themselves by the Act of 11 H. 7. After this Archbishop Cranmer though at first he refused to subscribe K. Eds. will to dis-inherit Queen Mary alleging many reasons against it yet was committed Prisoner to the Tower indicted arraigned condemned of High Treason in November following for aiding the Earl of Northumb. with Horse and Men against Queen Mary And Queen Jane herself though Queen de facto meerly passive not active in this case never aspiring after the Crown being proclaimed Queen against her will with the Lord Guyldsord her husband were both indicted arraigned condemned of High Treason and accordingly executed as Traytors Feb. 12. 1 Mariae the one for usurpation of the royal Estate AS QVEEN OF ENGLAND the other as principal adherent to her in that case both of them confessing that BY THE LAW THEY WERE JUSTLY CONDEMNED After which the Duke of Suffolk her father and sundry others were condemned of High Treason executed upon the same account and that by the judgement of all the several Peers Nobles Judges Lawyers and Great Officers of Engl. though guilty of the same crime seconded with the Judgement of the whole Parl. of 1 Mar. c. 16. which confirmed their Attainders as JUST and LEGAL notwithstanding the Statute of 11 H. 7. c. 1. which extends only to indemnifie those Subjects who doe their true duty and service of allegiance to their King and Soveraign Lord which none certainly do who adhere and joyn with an apparent Usurper in possession against their lawfull undoubted King and Soveraign Lord as they here adjudged and the Parliaments of 1 4 and 14 of King Edward the 4th long before no Acts of Parliament whatsoever being able to secure Usurpers Titles though Kings de facto to themselves or their posterity or to save their own or their adherents Heads from the block or their estates from confiscation as the recited tragical Presidents and Judgements prove against the absurd opinions of many Grandees of the Law in great reputation who take all Sir Edward Cooks and others Dotages for Oracles and well deserve a part in Ignoramus for being ignorant of these late notorious Judgements and authorities against their erronious opinions wherewith they seduce their silly Clyents and young Students of the Law to their great peril for whose better information I have the larger insisted on this point to rectifie this dangerous capital mistake which may hazard both their lives estates and souls to boot And so much in answer to the objected Presidents of Edward and Richard the 2d to prove the Commons Right of Judicature in Parliaments c. As good an evidence as that grave Sir E. Cook produceth to prove this House of Commons who had no Journal Book till â— Ed. 6. to be a distinct Court of Iudicature because upon signification of the Kings pleasure to the Speaker they do and may prorogue or adjourn themselves and are not prorogued adjourned by the House of Lords By which reason he might prove every Committee of the Lords or Commons House to be a distinct Court because they may adjourn and prorogue themselves without the House and all Commissioners for examination of Witnesses Charitable uses the petty Sessions of Justices of Peace all Country Committees Archdeacons and other visitors all Auditors of Accounts Arbitrators Referrees c. to be Courts because they may all adjourn themselves from one day and place to another when as their presenting of their own Speakers in and the Kings calling them into the Lords House at the beginning and end of every Parliament or Session and at the passing of Bills and their dissolution in the Lords
of England without any election by or Commission from the people with the true grounds thereof 2ly That the judicial power Judicature and Jugdements in Parliament belong wholly and soly to the King and House of Lords not to the Commons House and that in all criminal civil or ecclesiastical causes whatsoever proper for Parliaments to decide both in the Cases of Commoners and Clergy men as well as Peers who are onely triable both in and out of Parliaments by their Peers here plentifully evinced In debating these two points I have briefly proved the Antiquity of our Lords and Nobles sitting â—oting in all Parliamentary Great Councils both under our British Saxon Danish Norman and English Kings before any Knights Citizens or Burgesses were admitted into our Councils or Parliaments which having more particularly demonstrated by undeniable presidents in my Historical Collection of all the antient Great Councils and Parliaments of England in my Antiquity triumphing over Novelty p. 9 10.55 to 85. and in my 1 2 3. parts of an Historical Seasonable Vindication and Collection of the fundamental Rights Privileges Laws c. of all English Freemen printed 1655. 1656. 1657. wherein all the Great Councils and Parliamentary assemblies from Brute to William the Conquerer are Chronologically collected and epitomized I shall referr the Reader thereunto for full satisfaction of the Antiquity of our Parliamentary Councils and the Lords constant sitting voting judging in them 2ly Because many of our late Historians Antiquaries Lawyers and others derive our Parliament as now constituted and the calling of Knights Citizens and Burgesses to them from the Parliamentary Council held at Salisbury in the 16. year of King Henry the 1. or at least from King Henry the 2. his reign which the forged Imposture stiled Modus tenendi Parliamentum and Sir Edward Cook seduced by it would advance as high as Edward the Confessor as if there had been Knights Citizens and Burgesses usually summoned to all Parliaments in his reign and ever since I have herein given you an account out of our antientest and best Historians of all the Parliaments and Proceedings in them both under King Henry the 1. 2. and most others under their immediate Successors infallibly proving there were no Knights Citizens and Burgesses in the Parliaments held under either of them and that their first summons to Parliaments for ought appears was but in 49 H. 3. not before since which they have been usually summoned but yet in a various manner 3ly I have evidenced by many memorable Histories Presidents Records in all ages the most whereof were never mentioned by any who have formerly written of Parliaments that the Judicature in our Parliaments resides solely in the King and House Lords not only in all Criminal cases of Lords Peers Commons and in all Civil and ecclesiastical businesses Appeals and Writs of Error there descided but likewise in all cases of Elections breach or allowance of privilege of Parliament and misdemeanours relating to the House of Commons themselves their Speakers Members and menial Servants To which I shall only add That the late King in his printed Answer to the 19. Propositions of both Houses June 1642. thus declares That the LORDS being trusted with a Iudicatory power are an excellent Screen and Bank between the Prince and People to assist each against any incroachments of the other and by just judgements to preserve that Law which ought to be the Rule betwéen every one of the thrée 4ly I have herein for the benefit of all Students Professors of the Law and others who take all Sir Edward Cooks Opinions Records for undoubted Oracles without examination and swallow down all his mistakes discovered many of his gross Errors oversights misrecitals and pervertings of Records in matters relating to our Parliaments evidenced his much magnified Modus tenendi Parliamentum to be a meer late Imposture full of mistakes concerning the Antiquity and Judicature of the Commons House and refuted Sir Edward Cooks mistaken Law as in other points so in this That the Kings general writ of summons to any Knight or Esquire to the House of Lords by the name of Knight or Esquire without any special clause of creating him a Baron or Lord in the Writ doth neither ennoble himself nor his heirs nor make them Lords and Barons though they sit in the Lords House as he asserts it doth unless they held by Barony of the King before and were Barons by their Tenure the general writs of summons stiling them only Knights and Esquires as before not Lords or Barons and having no clause in them that will amount to the creation of a Lord much less of a Baron which Title or word Baron is not mentioned in the Writ nor doth it affix their Lordship or Barony to any particular place as all Writs and Patents that create men Lords or Barons use to do For the further clearing of this point you may observe that the writs of summons in the Clause Rolls do sometimes stile the persons summoned Barons thus all or most of the writs of summons from 25. E. 3. to 1 E. 4. are directed Willielmo Baroni de Graystocke Chivaler Radulpho Johanni Radulpho Baroni de Graystocke Sometimes the writs stile them Lords as Johanni Talbot Domino de Furnival in 4 H. 5 c. In Ann 25 27 28 29 31 33 38 H. 6. and 2 E. 4. the writs are Henrico Peircy DOMINO de Poymiger DOMINO de Poynings DOMINO de FERRARIIS de Groby Thomae DOMINO de Roos Richardo Woodvil Militi DOMINO de Rivers Roberto Hungerford Mil DOMINO de Mollings Willielmo Beuchamp DOMINO de Sto Amando Jacobo de Fynes DOMINO de Say et Seal Edwardo Gray Mil. DOMINO de Groby H. DOMINO de Poynings Johanni Sturton Mil. DOMINO de Sturton Johanni DOMINO de Clinton Edoardo Nevil DOMINO de Burgaveny Willielmo Bourchier Mil. DOMINO de Fitzwarren Henrico Bromflet DOMINO de VESSEY Thomae Grey DOMINO de Richmond Tho. Percie Mil. DOMINO de Egremont Ricardo Wells DOMINO de Willoughby Mil Richardo Fynes DOMINO de Dacre Though in most antient and later writs the word Dominus is omitted and the name of the Barony only used Somtimes there is a special clause of Creation in the writ it self as in Clause 27 H. 6. m. 26. dorso Henrico Bromfleet Mil creaâ—ing him the heirs males of his body lawfully begotten Barons of Vessey These writs which thus stile thâ— Barons Lords create them such by special clauses as patents doe will make those Knights and Esquires Lords or Barons who were none before but a General writ which terms them only Knights or Esquires and gives them neither the Title of Lords or Barons nor creates them such cannot make themselves or their posterity Lords or Barons unless they held by Barony and then they are Barons only by Tenure not Writ This is clear as I conceive by the
if that of Ingulphus with other our Historians and some Lawyers be true which Sir Edward Cook and Mr. Selden deny that King Alfred first divided the Realm into Counties as all grant he did into Hundreds and Tithings and erected Hundred Courts wherein Knights of the Shire were alwaies yet are and ought to be elected there could be no Knights of Shires at least if any Citizens or Burgesses to serve in Parliament before this division though there were Earls Dukes Barons before his reign who were present by the Kings summons not peoples elections at our Great Councils or Parliaments as Mr. Selden and Sir Henry Spelman undeniably manifest and I have elsewhere proved at large Their sitting voting judging therefore in Great Councils Parliaments being so antient clear and unquestionable ever since their first beginning til now and the sitting of Knights Citizens Burgesses by the peoples election in our antientest Great Councils Parliaments not so clearly evident by History or Records as theirs we must needs acknowledge subscribe to this their Right and Title or else deny the Knights Citizens Burgesses rights to sit vote in our Great Councils Parliaments rather than theirs who have not so antient nor clear a Title or right as they by many hundreds of years Fourthly This Right and Privilege of theirs is vested legally in them by the very Common Law and Custom of the Realm which binds all men By the unanimous consent of all our Ancestors and all the Commons of England from age to age assembled in Parliament since they sat in any Parliaments who alwaies consented to desired and never opposed the Lords sitting voting power or Judicature in Parliament and by Magna Charta it self signed and ratified by King John wherein it is expresly granted Ad habendum COMMUNE CONCILIVM REGNI de auxiliis assidendis de Scutagiis assidendis submoneri faciemus Archiepiscopos Episcopos Abbates Comites MAJORES BARONES REGNI singulatim per Literas nostras c. And in the Great Charter of King Henry the 3. they are first mentioned and provided for Hereupon King Henry the third not long after Magna Charta was granted and at the same time it was proclamed confirmed with a most solemn Excommunication in the presence of all the Lords and Commons by all the Bishops of England against the infringers thereof summoning a Parliament at London in the year 1255. to aid him in his warrs in Apulia the Earls and Barons absolutely refused to give him any assistance or answer at all for this reason Quod omnes Barones tunc temporis non fuerunt juxta tenorem Magnae Chartae suae vocati ideo sine Paribus suis tunc absentibus nullum voluerunt tunc responsum dare vel Auxilium concedere vel praestare That ALL THE BARONS were not summoned by him to this Parliament as they ought to be according to the tenor of Magna Charta whereupon they departing in discontent and refusing to sit longer the Parliament was first adjourned and at last dissolved And upon this very ground among others the Parliament of 21 R. 2. with all the Acts and proceeding therein were totally repealed and nulled by the Parliament of 1 H. 4. because the Lords who adhered to the King were summoned by him to the Parliament and some of the opposite party imprisoned impeached unsummoned and many of the Knights of the shire were elected only by the Kings nomination and Letters to the Sherifs And the Parliament it self kept by force viris armatis et sagittariis immensis brought out of Cheshire as an extraordinary guard quartered in the Kings Court at Westminster and about Charing Crosse and the Muse of which Grafton and other Historians write thus That they fell into so great pride of the Kings favour that they accounted the King to be as their fellow and they set the Lords at nought yet few or none of them were Gentlemen but taken from the plough and Cart and other Crafts And after these rustical people had a while courted they entred into so great a boldness that they would not let neither within nor without the Court to beat and slay the Kings good Subjects to take from them their victuals and pay for them little or nothing at their pleasure as our free-quarâ—erers do now falling at last to ravish mens wives and daughters And if any man fortuned to complain of them to the King he was soon rid out of the way no man knew how or or by whom so as they did what they listed the King not caring to doe justice upon them but favouring them in their mis-doings confiding in them and their guards against any others of the kingdom which gave the Lieges of his kingdom great matter of commotion and discontent The bringing up of which guard to Westminster to force and overawe the Parliament to effect his designs is one principle Article exhibited against him by the Parliament of 1 H. 4. wherein he was forced to resign his Crown and then deposed I pray God our new armed Guard and Courtiers at Whitehall and the Muse of as mean condition as those fall not by degrees to the self-same exorbitances contempt of the King Lords Parliament and oppression of the people to their general mutining and discontent In the Parliaments of 6 E. 3. N. 1. Parl. 2 N. 5.6 8 9 8 E. 3. N. 5. 15 E. 3. N. 4. 17 E. 3. N. 2. 20 E. 3. N. 5. 21 E. 3. N. 4. 22 E. 3. N. 1. 25 E. 3. N. 1. 29 E. 3. N. 4. 30 E. 3. N. 1. 37 E. 3. N. 1. 42 E. 3. N. 1. 50 E. 3. N. 1. 51 E. 3. N. 3. 1 R. 2. N. 1. 2 R. 2. N. 1. 3 R. 2. N. 1. 4 R. 2. N. 1. 5 R. 2. N. 65. 6 R. 2. N. 6. 7 R. 2. N. 1. 9 R. 2. N. 1. 8 H. 4. N. 54. We find in these Parliament Rolls that these Parliaments have been usualy prorogued adjourned from the days they were summoned to meet and have not saie nor acted at all because sundry of the Lords some Commons were not come but absent by reason of foul weather shortness of warning or other publique imployments all their personal presence in Parliament being reputed necessary and expedient And 20 R. 2. N. 8. The Commons themselves in Parliament required the King to send for such Bishops and Lords who were absent to come to tho Parliament before they would consult upon what the Chancellor propounded to them in the Kings name and behalf to consider of To recite no more antient presidents In the Parliament of 2 Caroll the Earl of Arundel not sitting in the Parliament being after his summons committed by the King to the Tower of London about his Sons mariage May 25. 1626. without the Lords privity and consent whereby their privileges were infringed and the House deprived of one of their Members presence thereupon the House of
Peers made this memorable Petition and Remonstrance of their Privileges to the King The humble Remonstrance and Petition of the Peers MAy it please your Majestie we the Peers of this Realm now assembled in Parliament finding the Earl of Arundel absent from his place amongst us his presence was therefore called for But thereupon a message was delivered us from your Majestie by the Lord Keeper That the Earl of Arundel was restrained for a misdemeanor which was personal to your Majesty and lay in the proper knowledge of your Majesty and had no relation to matter of Parliament This Message occasioned us to inquire into the Acts of our Ancestors and what in like cases they had done that so we might not erre in a dutifull respect to your Majesty and yet preserve our right and privileges of Parliament And after diligent search made both of all Stories Statutes and Records that might inform us in this case we find iâ— to be an undoubted Right and constant Privilege of Parliament That no Lord of Parliament sitting in Parliament or within the usual time of Privilege of Parliament is to be imprisoned or restrained without sentence or order of the House unlesse it be â—or Treason or Felony or for refusing to give surety for the Peace And to satisfie our selves the better we have heard all that could be aleged by your Majesties learned Counsel at Law that might any way infringe or weaken this claim of the Peers and to all that can be shewed or alleged so full satisfaction hath been given as that all the Peers in Parliament upon the question made of this Privilege have una voce consented that this is the undoubted right of the Peers and hath been inviolably enjoyed by them Wherefore we your Majesties loyal Subjects and humble Servants the whole body of the Peers in Parliament assembled most humbly beseech your Majesty that the Earl of Arundel a Member of this Body may presently be admitted by your gracious favour to come sit and serve your Majesty and the Commonwealth in the great affairs of this Parliament And we shall pray c. Upon which Remonstrance and Petition the King refusing to inlarge him thereupon the Lords to maintain their Privilege adjourned themselves on the 25 and 26 of May without doing any thing and upon the Kings refusal to release him they adjourned from May 26 till June 2. refusing to sit and so the Parliament dissolved in discontent his imprisonment in this case being a breach of privilege contrary to Magna Charta In this very Parliament the Lord Digby Earl of Bristol being omitted out of the summons of Parliament upon complaint to the Lords House was by order admitted to set therein as his Birthright from which he might not be debarred for want of Summons which ought to have been sent unto him ex debito Iustitiae as Sir Edward Cook in his 4 Institutes p. 1. The Act for ttriennial Parliaments and King John great Charter resolve And not long after the beginning of this Parliament upon the Kings accusation and impeachment of the Lord Kimbolton and the five Members of the Commons House both Houses adjourned and sate not as Houses till they had received satisfaction and restitution of those Members as the Journals of both Houses manifest it being an high breach of their Privileges contrary to the Great Charter If then the Kings bare not summoning of some Pears to Parliament who ought to sit there by their right of Perage or impeaching or imprisoning any Peer unjustly to disable them to sit personally in Parl. be a breach of Privilege of the fundamental Laws of the Realm and Magna Charta it self confirmed in above 40 successive Parliaments then the Lords right to sit vote and judge in Parliament is as firm and indisputable as Magna Charta can make it and consented to confirmed by all the Commons people and Parliaments of England that ever consented to Magna Charta though they be not eligible every Parliament by the Freeholders people as Knights and Burgesses ought to be and to deny this birthright and privilege of theits is to deny Magna Charta it self and this present Parliaments Declarations proceedings in the case of the Lord Kimbolton a Member of the House of Peers Fifthly The Treatise intituled The manner of holding Parliaments in England in Edward the Confessors time befose the Conquest rehearsed afterwards before William the Conquerour by the discreet men of the Kingdom and by himself approved and used in his time and in the times of his successors Kings of England if the Title be true and the Treatise so antient as Sir Edward Cook others now take it to be When as its mention of the Bishop of Carlisles usual place in Parliaments which Bishoprick was not founded till the year of our Lord 1132. or 1134. as Matthew Paris Matthew Westminster Roger Hoveden Godwin and others attest in the later end of Henry the first his reign Its menâ—ion of the Mayors of London other Cities and writs usually directed to them to elect two Citizens to serve in Parliament whereas London it self had no Mayor before the year 1208. being the 9. year of King John nor other Cities Mayors til divers years after nor can any Writs for electing Knights of Shires Citizens or Burgesses to serve in Parliament which it oft times writes of be produced before 49 H. 3. nor any Writs to levy their expences or wages for their Service in Parliaments which it recites be produced before the reign of King Edward the 1. Nor was the name of Parliament which it mentions and writes of so much as used by any Author before the later end of King Henry the 3. his reign after whose reign this Modus was certainly compiled towards the end of K. Richard the 2. or after as other passages in it evidence beyond all contradiction This magnified Treatise be it genuine or spurious determines thus of the Kings and Lords rights to be personally present in all Parliaments The King is bound by all means possible to be present at the Parliament unless he be detained or let there from by bodily sickness and then he may keep his Chamber yet so that he lye not without the Manour or Town where the Parliament is held and then he ought to send for twelve persons of the greatest and best of them that are summoned to the Parliament that is two Bishops two EARLS two BARONS two Knights of the Shire two Burgesses and two Citizens to look upon his person to testifie and witness his estate and in their presence he ought to make a Commission and give Authority to the Archbishop of the Place the Steward of England and Chief Justice that they joyntly and severally should begin the Parliament and continue the same in his name express mention being made in that Commission of the cause of his absence thence which ought to suffice and admonish the OTHER NOBLES
and chief men in the Parliament together with the evident testimonie of the twelve Peers c. The reason is Because there was wont to be a cry or murmur in the Parliament for the Kings absence because his absence is hurtfull and dangerous to the whole Commonalty of the Parliament and Kingdom Neither indeed ought or may he be absent but only in the case aforesaid After which it follows The Archbishops Bishops and other chief of the Clergy ought to be summoned to come to the Parliament and also EVERY EARL and BARON and their PEERS OUGHT TO BE SUMMONED and COME TO THE PARLIAMENT c. Touching the beginning of the Parliament The Lord the King shall sit in the midst of the great bench and is bound to be present in the first and last day of Parliament And the Chancellort Treasurer and Barons of the Exchequer and Justices were wont to record the defaults made in Parliament according to the order following In the third day of the Parliament the Barons of the Cinqueports shall be called and afterwards the BARONS of England after them the EARLS Whereupon if the Barons of the Cinqueports be not come the Baronie from whence they are shall be amerced at an hundred marks and an Earl at one hundred pounds After the same manner it must be done to those who are Peers to Earls and Barons After which it relates the manner of placing the Earls Baron and Peers in Parliament Then adds The Parliament may be held and OUGHT every day to begin at one of the clock in the afternoon at which time the King is to be present at the Parliament and all the Péers of the Kingdome None of all the Peers of the Parliament may or ought to depart alone from the Parliament unless he have obtained and that in full Parliament leave from the King and all his Péers so to doe and that withall there be a remembrance kept in the Parliament roll of such Leave and Libertie granted And if any of the Peers during the term of the Parliament shall be sick or weak so as he is not able to come to the Parliament then he ought three dayes together send such as may excuse him to the Parliament or else two Peers must go and view him and if they find him sick then he may make a Proxie Of the Parliament the King is the Head the beginning and ending So this Treatise The Statute of 5 R. 2. Parl. 2. ch 4. enacts by Command of the King and Assent of the Prelates Lords and Eommons in Parliament That all and singular persons and Commonalties which from henceforth shall have the Summons of the Parliament shall come from henceforth to the Parliament in the manner as they be bound to doe and hath been accustomed within the Realm of England of old time And every person of the said Realm which from henceforth shall have the said Summons be he Archbishop Bishop Abbot Prior Duke Lord Baron Baronet Knight of the Shire Citizen of City Burgess of Burgh or other singular person or Commonalty do absent himself or come not at the said Summons except he may reasonably or honestly excuse himself to our Soveraign Lord the King he shall be amerced and otherwayes punished according as of old time hath béen used to be done within the said Realm in the said case Which relates unto and agrees expresly with that forecited out of Modus tenendi Parliamentum which took it out of this Act. If then all the Lords Peers in Parliament are bound to attend in Parliament being oft times there all called for by name and ought not to depart from it without the Kings and Houses leave under pain of Amercement and other punishment as this Statute resolves and 3 Ed. 3.19 Fitzh Coron 161. Stamford l. 3. c. 1. f. 153. Cook 4 Instit p. 15 16 17.43 28 E. 3. Nu. 1 2. 5 R. 2. n. 2. 8 H. 4. n. 55. and 31 H. 6. n. 45. Where fines were imposed on absent Lords most fully mamanifest then questionless they ought of right to sit in Parliament else it were the height of Injustice thus to fine them In the tenth year of King R. 2. this King absented himself from his Parliament then sitting at Westminster residing at Eltham about forty daies and refusing to come to the Parliament and yet demanding from them four Fifteens for maintenance of his Estate and outward Warres Whereupon the whole body of the Parliament made this answer That unless the King were present they would make therein no allowance Soon after they sent the Duke of Glocester and Bishop of Ely Commissioners to the King to Eltham who declared to him among other things in the Lords and Commons behalf how that by an old Ordinance they have an Act if the King absent himself 40 dayes not being sick but of his own mind not heeding the charge of his people nor their great pains and will not resort to the Parliament they may then lawfully return to their Houses And now sir said they you have been absent a longer time and yet refuse to come amongst us which is greatly to our discontent To which the King answered Well we do consider that our own people and Commons go about to rise against us wherefore we think we can do no better than to ask aid of our Cosen the French King and rather to submit us to him than unto our own subjects The Lords answered Sir that Counsell is not best but a way rather to bring you into danger c. By whose good perswasions the King was appeased and promised to come to the Parliament and condiscend to their Petitions and according to his appointment he came and so the Parliament proceeded which else had dissolved by the Lords departure thence in discontent aâ—d the Kings wilfull absence Ranulf de Glanvil the first writer of our Common Laws in his Prologue to his book De legibus consuetuainibus Regni Angliae used in the reign of King H. the 2. under whom he flourished and his Predecessors writes thus of the Parliamentary Councils in that age and their Members power to enact Laws Leges Anglicanas licet non scriptas leges appellari non videtur absurdum cum hoc ipsum Lex sit quod Principi placet et legis habet vigorem eas scilicet quas super dubiis in Consilio desiniendis Procerum quidem Concilio et principis accidente authoritate constat esse promulgatas And lib. 13. cap. 32. f. 110. Cum quis itaque infra assisam Dom. Reg. id est infra tempus A Dom. Rege de consilio Procerum adhoc constitutum quod quandoque majus quandoque minus censetur So as the Parliaments under this King and his Ancestors consisted only of the King and Nobles who then made and enacted Laws by the Kings royal assent without any Knights Citizens or Burgesses elected by the people of which I find no mention in the Parliamentary Councils under
right duty to be personally present in Parl. and ever have been so as well as the Commons and neither of them to be excluded since they all make up but one Parliament that no Lords Commons ought to depart from it without special leave under pain of amercement and other penalties That no binding Law can be passed without their joynt consents And that the Commons alone are no more a Parliament of themselves without the King and Lords than the Common Councel of London are an intire City or Corporation without the L. Mayor and Aldermen or the Covent without the Abbot the Chapter without the Dean or the legs or belly a perfect man without the head neck and heart Sixthly The antient and constant form of endorsing Bills in Parliament began in the Commons house in all Parliaments since the House of Commons unanswerably demonstrates the Commons of Englands acknowledgement of the Lords right to sit vote assent or dis-assent to Bills in Parliament viz. Soit Bayle a Seigneurs let it be delivered or sent up to the Lords Yea the Commons constant sending up of their own Members with Messages to the Lords their receiving Messages from them and entertaining frequent conferences with them in matters wherein their opinions differ in which conferences the Lords usually adhere to their dissents unlesse the Commons give them satisfaction and convince them and the Lords oft times convince the Commons so far as to consent to their alterations of Bills Ordinances Votes and to lay them quite aside is an unquestionable argument of their Right to sit and vote in Parliament and of their Negative voice too All which would prove but a meer absurdity superfluity if the Commons in all ages and now too were not convinced that the Lords had as good right to sit and vote in Parliament and a Negative dissenting voice as well as they never once questioned nor doubted till within this year or two by some seditious disciples of Lilburns and Overtons tutoring who endeavoured to evade their justice on them Seventhly This just right of the Lords is expresly and notably confirmed by all the Commons of England in the Parliament of 31 H. 8. c. 10. concerning the placing and sitting of the Lords and great Officers of State in the Parliament House made by the Commons consent it being in vain to make such a Law continuing still till this very day both in force and use if they had no lawfull right to sit and vote in Parliament because they are not elective as Knights and Burgesses are And likewise by the Statute of 39 H. 6. c. 1. made at the Commons own Petition to repeal the Parliament held at Coventry the year before and all procedings of it by practice of some seditious persons of purpose to destroy some of the great Nobles faithfull and lawfull Lords and Estates meerly out of malice and greedy and unsatiable covetousness to possesse themselves of their Lands possessions offices and goods whereby many great injuries Enormities and Inconveniences well nigh to the ruine decay and universal subversion of the kingdom ensued The very design of our Lilburnists Sectaries and Levellers now out of particular malice and covetousness to share the Lords and all rich Commoners lands and estates between them being poor indigent covetous people for the most part scarce forty of them worth one groat at least before these times and wars 8ly This apparent Right of theirs is undeniably ratified acknowledged by the very words of the Kings writs in all ages by which the Lords themselves are summoned to the Parliament running in this form Carolus c. Charissimo consaguineo suo Edwardo Com. Oxon. salutem Quia de advisamento consensu consilii nostri pro quibusdam arduis et urgentibus negotiis Nos statum et defensionem Regni nostri Angliae Ecclesiae Angli canae concernentibus quoddam Parliamentum nostrum apud Civitatem nostram Westmonasterium 12 die Novemb. prox futuro tenere ordinavimus et ibidem vobiscum cum Praelatis Magnatibus et Proceribus dicti regni nostri colloquium havere ettractare Vobis sub fide ligeantiis quibus nobis teneamur firmiter injungendo Mandamus quod consideratis dictorum negotiorum arduitate periculis minentibus cessante excusatione quacunque dictis die et loco personaliter inter sitis Nobiscum ac cum Praelatis Magnatibus Proceribus praedictis super dictis negotiis tractaturus vestrumque consilium impensurus sicut Nos et honorem nostrum ac salvationem et defensionem Regni et Ecclesiae praedictorum expeditionem que dictorum negotiorum diligitis nullatenus omittatis Teste c. Which writs firmly require and command their personal presence counsel and advise in all Parliaments without any excuse and that by the faith and allegiance which they owe to the King and as they doe tender the King and his honour the salvation and defence of the Realm and Church of England and the dispatch of the arduous and urgent businesses which concern them Which is likewise seconded expressed in the very words of all the writs for election of Knights and Burgesses the form and substance whereof are antient and can recive no alteration nor addition but by Act of Parliament as Sir Edward Cook resolves By this Writ the Prelates Great men Nobles of the Realm are summoned to the Parliament there to treat and confer with the King of the arduous and urgent affairs and defence of the King Realm and Church of England as the first Clause of the writ Carolus c. quia c. pro quibusdam arduis et urgentibus negotiis Nos Statum defensionem Regni nostri Angliae Ecclesiae Anglicanae concernent quoddam Parliamentum nostrum c. teneri ordinavimus ibidem cum Praelatis Magnatibus Proceribus dicti Regni nostri colloquium haberet tractare Tibi praecipimus And the Commons are summoned to perform and consent to those things which shall there happen to be ordained by this Common Council of the Kindom c. And if they are thus summoned not to treat amongst themselves as an independent intire Parliament but to confirm and consent to what the King Prelates Great men and Peers the Common Council of the Realm shall ordain about such affairs as they must of necessity admit the King Lords and Peers to be altogether as essential yea more principal eminent Members of Parliament though not elective as the Knights and Burgesses who are but summoned to consent to and perform what shall happen there by their common advise to be ordained or at least to consult and advise with them as their inferiours not to over-rule them as their superiours and the only Supream power authority in the Kingdom So if they will totally exclude either King or Lords from the Parliament who are distinct principal and essential Members of it as well as the Commons and have always been so reputed until now
Kings accusation at the Bar of the whole House And for my part I am resolved to speak well of those that have done me justice and not to doubt they will deny it me till such time as by experience I find they doe it And at that time he was so much for the Loâ—ds that he writes most disgracefully derogatorily of the Commons House and other his Confederates by his example tells them of their want of power injustice and illegal proceedings quarrels only with them and their Committees for their delays and injustice towards him telling them to their faces in many of his former and late printed Libels That they have no power at all to commit or examin him or any other Commons of England without the Lords nor yet to give or take an Oath That they are but a peece and lowest part of the Parliament not a Parliament alone That they can make no binding Votes Ordinances or Laws nor commit nor command any Commoner without the Lords and in one or two Pamphlets more he endeavours to prove them to be now no lawfull house of Commons at all nor would he ever acknowledge them to be so and that he would make no more conscience of cutting theirs and the Lords throats the Tyrants and Oppressors at Westminster than of killing so many Weasels and Polcats with many other like scurrilous and mutinous expressions His own printed Papers Petitions Actions therefore are an unanswerable confutation of his malicious coÌ„tradictions of their Authority and judicature since for their exemplary justice on him And he must either now re-acknowlege thâ—ir right of sitting voting judging in Parliament to be lawfull or else renounce his own former Petitions and addresses to them for justice retract all his former printed Papers asserting their judicature and extolling their justice yea disclaim their judgement for vacating his own sentence in the Starchamber their awarding him damages and passing an Order to recover them as meerly null and void being made before no lawfull nor competent Judges as now he writes since not elected by the Peoples Vote Let those his followers who admire him for his Law observe these his palpable invincible contradictions and be ashamed and afraid to follow such an ignorant erronious guide who writes only out of malice faction not of judgement as his contradictions evidence 13ly The Acts for preventing the inconveniencies happening by the long intermission of Parliaments And to prevent the inconveniences which may happen by the untimely adjourning proroging or dissolving the Parliament made this Parliament and assented to by the King at the Commons importunity confirm the Lords interest right to sit and Vote in Parliament beyond all dispute and give them now power to summon a Parliament themselves in some cases in default of the King his Chancellor and Officers 14ly The antient form still continued till this day of dismissing and dissolving Parliament the King licenseth THE LORDS and COMMONS TO DEPART HOME and TAKE THEIR EASE 37 E. 3. n. 34. 38 E. 3. n. 18. 40 E. 3. n. 16. 43 E. 3. n. 34. 45 E. 3. n. 8.13 47 E. 3. n. 7. and all Parliaments since proves their right of sitting in and attending the service of the Parliament in person without special license of the King dispencing with their absence during its continuance in despite of all ignorant cavils to the contrary The Kings license of them to depart being void and nugatory if not bound by Law to attend the Parliament in person as well as the Commons 15ly Finally this hereditary right of the English Barons Lords is demonstrated resolved in this very clause of their Patents of creation when first created Earls or Barons inserted into all Patents since 20 H. 2. and implyed by our Laws though not precisely mentioned in all the antient Patents of creation before Volentes per praesentes concedentes pro nobis haeredibus successoribus nostris quod praefotus A. Comes vel Baro c. S. haeredes sui masculi ut Comites vel Barones de S. in omnibus teneantur tractentur reputentur et eorum quilibet habeat teneat et possideat sedem et locum in Parlamentis nostris haeredum et successorum nostrorum inâ—ra regnum nostrum Angliae inter alios Comites vel Barones ut Comes vel Baro. Than which nothing than be more positive and direct in point I shall close up all the premises with two memorable Clauses in two writs of Summons to Parliament evidencing not only the undoubted right but absolute necessity of the Lords personal fitting voting and advising in our Parliaments In the Parliament held at York in the 6 year of King Edward the third the Archbishop of Canterbury with some other Bishops and Nobles being absent thereupon the Prelates Nobles Knights and Burgesses there present refused to act any thing and resolved they could conclude nothing by reason of their absence whereupon they prayed the King to adjourn the Parliament and by a new Writ to summon the Archbishop and all other Bishops and Lords then absent personally to appear at York on the day whereto the Parliament was adjourned under a penalty as is evident by these Clauses in the Writs of Summons then issued Rex é venerabili in Christo Patri eadem gratia Archiepiscopo Cantuar. c. Verum quia dictis negotiis in eodem Parliamento praepositis quae salvationem jurium Coronae nostrae regni nostri intimè contingunt Et nobis incidunt multum cordi per Praelatos Proceres Milites Comitatuum tunc ibidem praesentes deliberato consilio responsum existit quod in tam arduis negotiis sine vestri ac aliorum Prelat ac Magnat et Procerum prodictorum absentium praesentia consilium et assensum praebere non possunt nec debent Ita quod nobis cum instaâ— a suppli◠〈◊〉 Paâ—liam illud usque ad diem Mercurâ—iâ— octavâ—s Sancti Hilari prox iâ—de futur continuari seu proâ—ogari inteâ—im vos eâ— caeteros Prelatos et Proceres tunc absentes convocari faceremus Ac nos quanquam huâ—usmodi â—iâ—tio noâ—s dâ—mâ—sâ— eâ— periculosa plurimum videâ—tur eorum Petitioni in hac parte annuentes c. Parliamentum praedictum usque ad octav praedictas duximus continuandum seu prorogandum Ac Praelatis Magnatibus Militibus Civibus Burgensibus injâ—nximus quod tunc ibid. intersint quacunque excusatione cessante ac omnibus aliis praetermissis Ne igitur contingat quod absit dicta negotia ad nostri regni nostri damnum dedecus per vestri seu aliorum ABSENTIAM ulterius prorogari vobis in fide dilectione quibus nobis tenemini et sub periculo quod incumbit districte iniungendo mandamus quod omni excusatione cessanie sitis personaliter apud Ebor. in dictis Octab. nobiscum cum caeteris Praelatis Magnatibus dicti regni nostri super dictis negotiis tractaturus et
should alwayes be summoned to and bear chief sway in our Parliaments in respect of their Peerage Power Nobility only without the peoples election This reason of their sitting in Parliament we find expresly recorded in Bracton l. 2. c. 16. fol. 34. and in Fleta l. 1. c. 17. The King say they hath a Superiour namely God also the Law bâ— which he is made a King likewise his Court to wit THE EARLS BARONS because they are called Counts as being the KINGS FELLOWS and he who hath a Fellow hath A MASTER And therefore if the King shall be without a bridle that is without a Law debent ei frâ—num imponere THEY OUGHT TO IMPOSE A BRIDLE ON HIM c. which the Commons being persons of less power and interest were unable to do Andrew Horn in his Mirrour of Justice ch 1. § 2.3 renders the like reason In all the contests in Parliaments and Wars between K. John Hâ—n 3. Edw. 2. Rich. 2. concerning Magna Charta the Charter of the Forest the Liberties Properties of the Subjects and opposition of unjust Taxes Ayds Exactions the Lords and Barons were the Ring-leaders the chief Opposers of these Kings Usurpations Exactions and Encroachments on the Great Charters Laws Rights Liberties of the people as all our Histories and Records relate whence they stile the Wars in their times THE BARONS WARS and before this the Nobles were the principal Actors in resisting the Tyranny of K. Sigebert and K. Bernard and dethroning them for their misdemeanours as is clear by Mat. Westminster in his Flores Historiarum An. 756. 758. To give some pregnant Instances of this kind not vulgarly known or taken notice of to clear this truth beyond contradiction Upon the death of William Rufus An. 1100. Magnates the Nobles of England not knowing what was become of Robert Duke of Normandy who had been 5. years absent in the holy Warrs thereupon Henry his Brother Congregato Londoniis Clero Angliae populo universo to wit the Lords Spiritual and Temporal expressed by these terms not the inferiour Clergy Knights Citizens Burgesses and Commons of the Realm as some Antiquaries and others mistake who derive their sitting in Parliaments from the beginning of this Kings reign promisit emendationem legum quibus oppressa fuerat Anglia tempore Patris sui Fratris nuper defuncti ut animos omnium in sui promotionem accenderet et amorem et illum in Regem susciperent et patronum Ad haec CLERO respondente et MAGNATIBUS CUNCTIS the Clerus populus there summoned quod si animo volente ipsis vellet concedere et Charta sua communire illas Libertates et Consuetudines antiquas quae floruerunt in Regno tempore Regis Edwardi in ipsum consentirent et in Regem unanimiter consecrarent Henrico autem libenter annuente et se id facturum cum juramento affirmante consecratus est in Regem favente Clero et populo cui continuo à Mauritio Londonensi Episcopo et à Thoma Eboracensi Archiepiscopo corona capiâ—i imponitur Cum fuerat diademate insignitus has Libertates subscriptas in regno ad exaltationem sanctae Ecclesiae et pacem populi tenendas concessit His Charter is recorded at large in Matthew Paris Bromton and others It begins thus Henricus Dei Graâ—ia Rex Angliae c. Sciatis me Dei misericordia Communi Consilio Baronum Regni Angliae Regem esse coronatum which proves that the Clerus Angliae Populus forementioned were only the Spiritual and Temporal Barons not ordinary Clergy and Commons as contradistinguished from them et quia regnum oppressum erat injustis exactionibus Ego respectu Dei et amore quam erga vos omnes habeo sanctam Dei Ecclesiam liberam facio c. et omnes malas consuetudines quibus Regnum Angliae injuste opprimebatur inde aufero quis malas consuetudines in parte hic pono Si quis Baronum meorum Comitum c. Lagam Regis Edwardi vobis reddo cum illis emendationibus quibus Pater meus eam emendavit Consilio Baronum suorum This Charter was subscribed by all the Bishops Earls Nobles and Barons of England Et factae sunt tot Chartae quot sunt Comitatus in Anglia et Rege jubente positae in Abbatiis singulorum Comitatuum ad monimentum So Matthew Paris relates William of Malmsbury records In regem electus est aliquantis tamen ante controversiis INTER PROCERES agitatis atque sopitis Which done aliquarum moderationem legum revocavit in solidum Sacramento suo et OMNIUM PROCERUM ne luderentur corroboravit Simeon Dunelmensis records that Consecrationis suae die Sanctam Dei Ecclesiam liberam fecit ac omnes malas consuetudines et injustas exactiones quibus regnum Angliae opprimebatur abstulit Legem Regis Edwardi omnibus in commune reddidit c. MAJORES NATU ANGLIAE MAGNATES TERRAE CONGREGAVIT LONDONIAE The Chronicle of Bromton records the same in the self-same words and so doth Henry Knyghton de Eventibus Angliae l. 2. c. 8 9. Polychron l. 7. c. 12. Roger de Hoveden Annal. pars 1. p. 468. and that the Lords procured this Charter King Stephen being elected and crowned King à PRIMORIBUS REGNI against his own and their former Oaths Omnes tam Praesules quam Comites et Barones qui filiae Regis et suis haeredibus juraverant Fidelitatem consensum Stephano praebentes In pursuance of his Coronation Oath Anno 1136. EPISCOPOS PROCERES REGNI SUI regali Edicto in unum convenire praecepit cum quibus GENERALE CONCILIUM CELEBRAVIT Oxoniis Wherein he confirmed all their Laws and Liberties by a special Charter in which there are these Clauses among others Sanctam Ecclesiam liberam esse concedo et debitam reverentiam illi conservo Omnes exactiones et injustitias et meschemingas sive per Vicecomites sive per alios quoslibet male inductas funditus extirpo Bonas leges et antiquas et justas consuetudines in hundris placitis et aliis causis observabo et observari praecipio et constituo This Charter was subscribed by all the Bishops Earls and Barons who procured it in this Common Council at Oxford Which they promised inviolably to observe generaliter se servaturum juravit sed nihil horum quae Deo promiserat observavit writes Matthew Paris Henry Huntindon Holinshed and others observe that the Archbishops Bishops and Nobles who contrary to their Oaths of Allegiance to Henry the 1. Mawde and their heirs elected Stephen King for this their detestable perjury soon after came to exemplary ends especially Roger the great Bishop of Salisbury qui secundum illud Sacramentum praefatum fecerat et omnibus aliis praedicaverat unde justo Deo judicio postea ab eodem Stephano quem creavit in Regem captus et excruciatus miserandum sortitus est
admittere dominus Eboracensis licet contra personam praesentatam nihil inveniret quod obsisteret sed solam inhibitionem vestram praetenderet Verum cum in incendio vicinae domus nostrarum immineat periculum vobis tanquam patri supplicamus quatenus tam praedictum Robertum quam nos omnes singulos praedicta libertate praesentandi Clericos nostros ad ecclesias nostras vacantes libere uti permittatis injungentes praedicto Archiepiscopo quod I. Clericum ad praedictam ecclesiam ab eodem praesentatum pro quo etiam preces effundimus devotas praesertim cum sit negotiis Regis regno nostro necessarius nisi aliquod canonicum obstiterit non obstante priori mandato vestro admittat Ut ex hoc nos ad propensiorem famulatum ecclesiae provocetis Ne cum sit jus advocationis praedictorum feudorum pro quibus Domino nostro militamus cogamur illius invocare subsidium qui jura libertates laicorum protegere â—enetur confovere Valete Anno 1140. In octavis vero Epiphaniae congregati sunt Londini Archiepiscopi et Episcopi cum multis aliis Magnatibus praesente etiam Legato reponentes querimoniam coram Rege in curia sua super variis injuriis oppressionibus quotidianis desolationibus illatis ecclesiae per iniquum Regis consilium contra suas chartas juramenta temere veniendo nec patitur suis pastoribus viduatas ecclesias respirare sed ut ab eisdem ecclesiastica bona variis argumentis extorqueat annis plurimis eas in manu sua detinet nec patitur electiones canonicas celebrari Super quibus injuriis illatis diatim multiplicatis omnes se asserunt vehemâ—ntâ—r admirari cum ipse Rex toties juraverit se jura ecclesiastica illibata conservare ipsomet audiente candelam tenente quod omnes Episcopi in violatores libertatum ecclesiasticarum simul sententiam fulminabant in cujus sententiae consummatione Rex ut alii candelam extinxit inclinandâ— Et erant contra Regem in querimonium Episcoporum capitula circiter 30. Et eotenus processum est quod lata sit iterum sententia terribiliter nimis in omnes Regis consiliaâ—ios qui ejus animum ad praedicta enormia conabantur inclinare In the Parliamentary Council held at Merton An. 1229. Anno 20 H. 3. cap. 9. All the Bishops to set up the Popes and their own Canons above the Common Law of England earnestly intreated the Lords that they would consent that those who were born before matrimony might be legitimare as well as those born after mariage as to hereditary succession because the Church held such for legitimate et omnes Comites et Barones una voce responderunt nolumus leges Angliae mutare quae hucusque usitatae sunt approbatae Upon which Sir Edw Cook observes That the Nobility of England have ever had the Laws sf England in great estimation and reverence as their best birthright Anno 1244. the 28 of Henry the third Pope Innocent sent one Martin his Legate into England with letters demanding a large contribution from the Prelates Abbats and Clergy to be speedily collected as he should direct which coming to the knowledge of all the Lords and Great men omnes ad Praelatos accesserunt ut uno per omnia consilio uterentur quia hoc negotium generalem statum Regni contingebat Whereupon all the Prelates by the Lords advice and encouragement denied to grant the Pope any aid at all sic soluto Concilio recesserunt Moreover this same year Romana Ecclesia rubore deposito tempore novi Papae Innocentii 4. non cessabat provisiones cotidianas redditus impudenter extorquere a via antecessorum suorum non exorbitando imo manum super omnes aggravando Exiit igitur murmur licet sero in cordibus Anglorum diu conceptum et retentum in manifestam querimoniam et quasi parturientes loqui non poterant amplius se continere Patientia enim eorum desidiosa erat humilitas infructuosa est imo potius damnosa et ipsa abutebatur Romana protervitas insatiabilis Et in unum convenientes totius Regni Nobiles Regem efficacissime super hoc conâ—enâ—rum asserentes se malle mori quam amplius tales enormitates tollerare Non enim eorum neque antecessorum suorum intentio fuit quando contulerint bona viris religiosis et aliis locis pia consideratione constructis ut ipsa ad aâ—bitrium Papae viris Italicis ignotis et eis quos noverant Simoniis usuris pollutos viciis multimodis quibus non est cura praedicatio vel hospitalitas Christi fidelibus impendenda contribuerent Rex igitur non mediocriter ad iram provocatus sciens ac sentiens talibus queremoniis inesâ—e veritatem scripsit Domino Papae verbis humilibus efficacissimis ut talia studeret paterna solicitudine corrigere The next year Anno 1245. This Martin violently seising on the lands and profits of divers Churches and religious persons prorerva injuriosa authoritate wherein the King protected him against all men whereby the condition of the Realm became most miserable thereupon urgente igitur necessitate totius Regni Angliae maxime praeceptum est ab ipso tempore EX PARTE ALIQUORUM MAGNATUM pro multiformi et incessabile oppressionne et depraedatione Regni dolentium et miserantium diligenter die nocte custoditis omnibus partibus Angliae PAPALES LITERAE quae quotidie ad emungendam pecuniam portabantur caperentur Wherupon the Governour of Dover took one of the Popes Posts laden with such Bulls and Letters to exact monies by divers means as he arrived at Dover and took away all his Bulls and Letters as he was commanded by the Lords imprisoning the Post in Dover Castle whom the King upon Martins complaint released causing the Letters and Bulls to be restored to him in perniciem Regni et Honoris sui Hereupon the Barons and Lords assembled at Laiton and Dunstable at Torneyes and from thence sent one Fulco to Martin residing in the New Temple at London commanding him presently to depart the Realm or else he and all his should be hewn in pieces within 3 days who thereupon repairing to the King for protection and demanding whether this were done by his direction The King answered no Sed BARONES MEI vix se continent quin consurgant in me eo quod tuas in Regno meo eorundem quae â—us modum excedunt depredationes injurias hactenus tolleravi Quorum etiam furorem vix compescui quin et in te iâ—ruentes te membratim non dilacerarent Upon which Martin demanding that the Marshal might convoy him safe to the Seaside â—â—ed with great hast and fear out of England After which the king coming to himself and discerning his Error by the advice of all the Nobility of the Realm there was an elegant Epistle written wherein the
banish Peter Gâ—verston which he refusing to doe they pursued him with their arms cut off his head slighted the Popes Letters and Nuncios regulated his Extortions and enforced the King to confirm the Ordinances they made for the redress of all grievances both in Church and State with the Great Charter Laws and Liberties of the Church and people in whose defence and quarrel this Earl afterwards lost his life To these I could annex many other such like Letters resolutions oppositions of our Earls Lords Barons in Parliament against the Popes Usurpations Encroachments upon the Crowns Royalties of our Kings and Liberties Laws Customs of our Kingdom as 21 E. 3. rot Parl. n. 63.40 E. 3. rot Parl. n. 8. Cooks 4 Institutes p. 13 14.50 E. 3. rot Parl. n. 85. to 108. 27 E. 3. c. 1. 38 E. 3. c. 4. 16 R. 2. c. 5. wherein every one of the Lords temporal in Parliament answered and averred by himself severally and joyntly with the rest That neither King John nor any other could put himself or his Realm or people into subjection or Tribute unto the Pope without their common assents That the submission he made to the Pope was without their assents and against his Oath at his Coronation That if the Pope by process or otherwise would attempt to enforce the King or his Subjects to render him the Services and annual Tribute for England and Ireland granted him by King John they would resist and oppose him with all their power And moreover That they will stand with the Kings Crown and Royalty in all cases of the Popes usurpations clearly in derogation of the Kings Crown in all other cases which shall be attempted against the said Crown and Royalty in all points with all their power whose Gallantry loyalty stoutness have been the chief means under God to enfranchise our Kings kingdoms Church from the manifold Antichristian Tyrannies Usurpations Oppressions Taxes Vassallages Slavery of domineering Popes in all ages as the premises with other instances sufficiently evidence And upon this ground it was by reason of the Popes incessant Usurpations in former times upon the Royalties Rights Liberties both of the Crown Realm and Church of England that the Nobles in our Parliaments were in the very Writs of Summons ever called thereunto to consult and treat with the King Prelats Lords and Great men of the Realm of certain weighty and arduous affairs concerning the State and Defence of the Realm ET ECCLESIAE ANGLICANAE and the Church of England the Defence of the Church as well as Realm against the Popes incroachments being one chief business of our Lords and Greatmen in our Parliaments which now it seems is no part of our New-modelled Parliaments as some stile them there beieg neither DEI GRATIA nor Statum defensionem ECCLESIAE ANGLICANAE to be found in any of their New Writs that I have seen which had been an impious insufferable omission in all former ages This Clause engaging our Peers so stoutly to resist the Pope as the premises demonstrate which good service of theirs hoth in common Justice reason equity merited a Place and Vote for them and their Posterities in all our English Parliaments without any popular election Before I proceed to the next reason of our Lords sitting in Parliament I shall earnestly importune yea adjure all the antient Earls Barons Nobles and Great men of our Realm with all who have lately been or pretend to be any Knights Citizens Burgesses of real or pretended Parliaments our late and present swaying Grandees and all Lawyers Gentlemen Freemen of our English Nation seriously to review and cordially to ponder all the forecited memorable presidents of their Noble Gallant publike spirited Ancestors here recited and bundled up together for their information reformation and undelayed imitation in this and the precedent reason both in procuring regaining reestablishing the Great Charters of our fundamental Liberties Rights Properties Freedom with solemn New publications Excommunications Execrations Oaths Confederacies Penalties Laws Edicts for their own and their Posterities benefit In denying opposing resisting all unreasonable or illegal Aids Subsidies Tenths demanded intreated of or exacted from them by our Kings upon real or pretended Necessities Wants Wars or defence by Sea and Land their bold frequent unanimous magnanimous reprehensions of our Kings and their evil Counsellors to their faces for their Exorbitances Misgovernment Exactions Oppressions Violations of their Great Charter Laws Liberties Privileges Oaths Promises and unnecessary Warrs or Expences without their publike Counsel or advice in their resolute inflexible unanimous resolutions oppositions both in and out of Parliaments against all illegal Papal Encroachments Usurpations Exactions on the Rights Privileges of the Crown Kingdom Church Parliament Clergy People upon every fresh occasion and in their vigilant indefatigable zeal earnest care diligence with the hazard of their Limbs Lives Liberties Estates and effusion of their bloud for the publike Liberty Freedom Ease weal good Government of the Nation according to those wholsom Charters Laws and Ordinances which they procured for that end with much industry strife and opposition in many successive Parliaments And then let them all with confusion of face consternation of spirit and grief of heart seriously consider how stupendiously monstrously and incredibly they have all for near ten years last past most desperately apostatized degenerated both from the Heroick Noble Gallant Memorable Presidents Practices Courage Zeal of these their Renowned Ancestors in every of these particulars and from their own Praiseworthy Actions Remonstrances Councils Parliamentary and Military proceedings of like Nature under our two last Kings out of unworthy un-English unchristian Cowardize Fear Self-love Sluggishness Sottishness Supineness after all their late solemn publike Protestations Remonstrances Declarations Vows Oaths Leagues Covenants near ten years bloudy intestine Wars the overprodigal expence of many Millions of Treasure and whole Oceans of precious Christian Protestant English bloud for the real or at least pretended Defence alone and maintaining secuting those antient undoubted Fundamental Great Charters Laws Liberties Properties Privileges and Rights of Parliament exempting us from all future arbitrary tyrannical illegal Exactions Taxes Excises Imposts Imprisonments restraints exiles and executions which they have now all most ignobly submitted to without the least manly publike or private Opposition contradiction or care activity to break off those iron yoaks of bondage and intollerable perpetual burdens which some Impudent Intruders and new Aegyptian Tax-masters have most illegally imposed on them as if they were all resolved to renounce all their former Great Charters Laws Liberties Privileges and Rights of English Nobles Parliamentmen Freemen and to becom the basest bondslaves under heaven So that if these our Nobles Ancestors should now rise from the dead they might justly stand amazed at this their ignoble slavish cowardize and universal degeneracy yea disclaim them as spurious and none of their heroick English progeny and they all may justly demand this Question from themselves
and otherwise punished for their contempt because bound therto by their voluntary acceptance of such a special Patent and dignity But if they be summoned only by a general Writ against their wills being no Lords of Parl. by special Patent or Writ before this doth neither make the one nor other Barons nor ennâ—ble their heirs males or successors nor oblige them to serne nor subject them to any fine for contempt for then the King by his Writ might summon all the Knights Esquires Gentlemen and any other Commoner Freeman Lawyer Clergy man of the Realm to the Lords House as a Member at his pleasure and fine them for a contempt in not appearing and thereby increase that House in infinitum and make it a mungril House of all sorts of degrees and professions of men instead of aâ— House of Lords to its utter subversion against the fundamental constitution and privilege of that House Therefore such Writs of summons must be void and null in Law as well as the Patent to Abbot Banham as Sir Ed. Cook asserts it for that he was neither Baro nor held per Baroniam Now whereas he asserts That Knights and Esquires who hold not by Barony cannot refuse when summoned by Writ to serve the King in Parliament but yet Abbots and other regular Prelates that hold not by Barony may because they are dead in Law as to secular affairs and therefore not capable to have voice in Parliament unless they hold by Barony and were called by Writ This reason of the difference is most absurd and unreasonable For 1. They are both Subjects to the king alike and so both equally obliged to serve and counsel him in Parliament 2ly If their tenures by Barony could make them capable to have place and voice in Parliament though dead in Law quoad secularia then much more the kings and the kingdoms need of their presence counsel and advice in Parliament touching the weighty affairs concerning himself and the defence and preservation of the Realm and Church of England when specially summoned by his writ to Parliament 3ly Though they were dead in some sence only in respect of their natural capacities to the world yet in their politick capacities they were not so but secular still to sue purchase advise c. as well as Laymen in the right of their Houses 4ly Parliaments being always summoned as well to advise of Ecclesiastical things touching the Church as of temporal things concerning the Realm of England their being dead to the world quoad secularia could no more enable them to refuse to serve in Parliament then Laymen quoad Ecclesiastica negotia therein treated of which concerned the Church and Laymen according to the doctrine in Popish times might as well refuse to serve in Parliament when summoned because they were no Ecclesiastical or religious persons who were properly to consult of the affairs of the Church of England as religious persons be exempted from and refuse to serve therein because dead to the world quoad secularia negotia concerning the King and Realm of England there debated and consulted of 4ly The true and only ground then why such Abbots Priors and all other Clergy men who held not by Barony might refuse to serve in the Lords House of Parliament when summoned by Writ was this that they held not of the King by Barony and upon this ground alone the Abbot of St. James without Northampton summoned to Parliament by Writ Anno 12 Ed. 2. upon his Proctors appearance and Petitions for him in Parliament recorded at large by Mr. Selden out of the Leger-book of the Abby worthy perusal being most full in point was discharged from his attendance his name struck out of the Roll and Register of the Chancery by the Chancellor and his Council as not one of the list of those who ought to be summoned for this very reason because NON TE NET PER BARONIAM nec de Rege in capite sed tantum in puram perpetuam Eleemosynam nec ipse Abbas nec Predecessores sui unquam in Cancellaria irrotulari fuerunt except only in 49 H. 3. m. 10. Schedula voluntarie nec ad Parliamentum citati hucusque VNDE PETIT habuit remedium And upon the self same reason the Abbot of Leicester and his successors were by special Patent in 26 E. 3. de veniendo ad Parliam Consilia nostra et haeredâ—m nostrorum de caetero quieti sint et exempti in perpetuum hough this Abbots predecessors had formerly been summoned to and sate in Parliaments interpolatis vicibus but noâ— continuè because idem Abbas aliquas terras senteâ—ementa de Nobis per Baroniam seis aâ—o modo non tenet per quod ad Parliamenta seu Consilia nostra venire teneatur The King reciting this as the only ground of his exemption and thereupon Nolentes Abbatâ—m indebite sic vexari granted him and his successors this Patent of Exemption upon which his name was cancelled in the Clause Roll of 25 E. 3. part 1. m. 5. dorso and this written in the margin against it Abbas Leicestriae cancellatur quia habet cartam Regis quod non compellatur venire ad Parliamentum And that of Dors Claus 11 E. 3. par 2. m. 11. 13 E. 3. par 2. m. 28. 1. cited by Mr. Selden Sir Edw. Coke in his Margin mentioned in a Bill in Parliament Que toutes les religioses que teignont per Barony sayent tenus de venier au Parlament is also direct iâ— point That those who hold not by Barony are not bound to serve in Parl. be they Religious persons or Lay persons who are not Peers or Lords of Parliament upon general writs of summons such Summons of them being AN UNDUE VEXATION OF THEM as King Edward stiles it in his Patent unless they voluntarily appear upon such a Summons as this Patent informs us those who were summoned in 49 H. 3. all did This reason therefore exempting all Abbots Peers and religious persons from service and attendance in the Lords House in Parliaments though summoned thereto by writ must necessarily exempt all Knights and Laymen from it there being the self same ground justice equity for it in both yea the selfsame unjustice vexation mischief to both and by consequence the selfsame Law And if this be Law as these Presidents Judgements Records expresly resolve it to be beyond contradiction Then it inevitably follows that the General writ of Summons to Parliament alone doth neither create the persons summoned to it nor their heirs or successors Barons Lords or Peers of the Realm unless they hold by Barony no although they sit once or twice in Parliaments by vertue of them or interpolatis vicibus but not continue as the Abbots of Leicester did for then they could not allege or plead their not holding Lands of the King in Barony or any other tenure binding them to sit and serve in Parliament
59. The same year Majores natu Angliae et Magnates terrae congregavit Londonii by whose advice hâ— maried Mawde daughter of the King of Scots right heir to the crown of the Saxon line and anointed and crowned her Queen there being a great debate whether she might lawfully marry having worn a veil â—n a Monasteâ—y whiles she was young which was resolved in a Council at Lambeth where Episcopi Abbates Nobiles quique ac religiosi ordinis viri were aâ—embled â—o deâ—cide iâ— who upon debate resolved she might lawfully marry as Eadmerus records at large The next year Anno 1001. Duke Robert returning from the holy Land and laying claim to the Crown of England as right heir and eldest Brother thereupon King Henry PRINCIPES suspectos habentes ne à se instabili ut sit fide dissilirent and they suspecting him ne undique pace potitu in se legibus efferatis desaeviret actum ex consulto est ut certitudo talis exinde fieret quae utrinque quod verebatur excluderet Sed ubi ad sponsionem fidei ventum est TOTA REGNI NOBILITAS assembled in a Parliamentary Council cum populi numerositate who depended on their advice Anselmum inter se regem medium fecerunt quanta ei vice sui manu in manum porrecta promitteret Iustis et Sanctis Legibus se totum regnum quoâ—d viveret in cunctis administraturum After which when as upon the report of Duke Roberts arival Statim MAJORES REGNI quasi suae sponsionis immemores ad illum relicto Rege semet transferre parabant Whereupon Anselm AD UNATIS PRINCIPIBUS CUNCTIS shewed to them and after that to the whole multitude of the Army who came about them quam execrabiles Deo et omni bono homini forem qui fidem quam Principi suo debebant quoquo modo â—iolarent Whereupon cuncti ilico spretâ vita non sequius eligerent morte procumbere quam violata fide sua Regem seducere After which PRINCIPES utrinque fratrum non ferentes dissidium colloquium inierunt pio circumspâ—cto consilio MVTUUM ET GENERALE and by the Mediation of the NOBLES on both sides an accord was made between the King and his Brother Robert propter manifestum jus quod habuit ad regnum possidendum that Robert should receive 3000 marks yearly from England and that the longest liver of them should be heir to the other if he died without issue male Hoc autem PER 12 MAGNATES juratum fuit utrinque Anno 1202. there fell out a difference between the King and Anselm touching investitures of Bishops Anselm refusing to consecrate any Bishop Abbot or Clerk who received investitures from the King or the hand of any Layman being against the Decree of the General Council of Rome whereupon the King sent for him to his Court where this business was at large debated EPISCOPIS REGNI PROCERIBUS QUE verba hinc inde ferentibus in singulis Regiae voluntati parere certantibus imo ne Romanae Pontificis obedientiae subderetur summopere â—insistentibus Not long after the King by other Letters summons Anselm to appear at Winchester to compose this difference Ubi EPISCOPIS TERRAE QUE PRINCIPIBVS sub uno coactis COMMUNI ASSENSU apud Anselmum actum est Nuncii prioribus excellentiores ex utraque parte Romam mitterentur Romano Pontifici viva voce exposituri illum aut à sententia decessurum aut Anselmo cum suis extra Angliam pulso totius regni subjectionem et commodum quod inâ—e singulis annis habere solebat perditurum Which being accordingly pursued and faventibus simul et incitantibus Regem Episcopis regnique Proceribus he commanded Anselm to promise to doe him homage and consecrated all those to whom he had given investitures without retractation The same year 1102. Celebâ—atum est generale Concilium Episcoporum et Abbatum totius Regni at St. Peters Church on the West side of Loâ—don rege annuente huic conventui affuerunt Anselmo Archiepiscopo petente a Rege Primates Regni quatenus qui qu dâ—ejusdem Concilii authoritate â—ecernectur utriusque ordinis concordi cura et sollicitudine ratum servaretur Sic enim necesse erat c. In which Council there were many Laws and Canons made for regulating the Church Monks and Clergy communi consensu Episcoporum et Abbatum et Principum totius Regni Principes Regni omnes tam Ecclesiastici quam secularis ordinis being present at it as the marginal Authors attest but no Commons Knights or Burgesses Not long after the same year Anselm peremptorily refusing to consecrate those Bishops whom the King invested with a pastoral Staff and Ring and some of them resigning them as unlawfull and publikely refusing to be consecrated by such an investiture from the king to his great dishonour and prejudice of his royal right and prerogative the king thereupon repaired to Canterbury where Anselm and he had a sharp contest At last he requested An elm to goe in person to Rome to procure the Pope to reverse his decree against investitures ne ipse perdendo suorum jura Antecessorum eis vilior fiat who desired that this businesse might be deferred till Easter ut audito Episcoporum Regnique Primatum Consilio qui modo non assunt respondeam hinc Which being granted Anselmus in Pascha Curiam venit regni ingenuitatem de negotio praesens consuluit COMMUNIS CONCILII Vocem unam accepit so Eadmerus Convenitur a Rege EPISCOPIS ET MAGNATIBUS so Malmesbury relates it ut ipse Romam dignatur proficisci quod alii minus egerant sua praesentia suppleturus who thereupon consented to goe NE CUCTORUM VOLUNTATI DEESSET Mat. Paris Matthew Westminster and others write that he was then banished out of England for his obstinacy Regis injusto judicio and all his temporalties seised which Eadmerus and others write was not done nor executed till after the Popes Decree against the Right of investitures passed against the King and Anselms departure from Rome towards England when the King prohibited him to return into England unless he would submit to doe him homage and consecrate Bishops by his investiture as all our Historians accord Anno 1106. Duke Robert coming to his Brother King Henry the 1. into England to Northampton to deâ—ire him to restore his Brotherly affection to him whereof he had deprived him but could not obtain it Rex itaque Henricus sentiens conscientiam suam in obtentu regni cauteriatam erat quippe eleganter literatus utpote a primaeva aetate praecepto patris addictus literis jam in jure quod audierat secreto expeditus coepit in semetipso impetus insurgentium formidare Dei judicium in ipsum fulminare eo quod fratri suo primogenito cui jus regni manifeste competebat temere usurpando injuste nimis abstulerat Sed plus timens
ut rex ipsis omnibus qui in eorum comitiva arma moverant literas patentes indemnitatis concederet ne pro transgressionibus transactis vel praesentibus a rege seu quovis alio futuris temâ—oribus punireâ—ur Ad haec dominus rex respondit quod Hugo le Spencer pater in suo negotio mare transierat Hugo junior in mari ad custodiendum quinque Portus prout ex officio renebatur qui de jure vel consuetudine exulare non debent ante responsa data per eosdem Adâ—câ— praeâ—ereâ— quod eorum petitio juris rationis fundamento carebat eo maxime quod dicti Hugo senior Hugo junior parati semper fuerant omnibus de se conquerentibus in forma juris respondere si probare possent eos in aliquo statuta terrae laesisse parati semper suerant legibus regni parere Postremo cum juramento addidit quod noluerit sacramentum violare ad quod astrictus fuerat in Coronatione sua concedendo literas pacis et indulgentiae tam notorie delinquentibus in suae personae contemptum et totius regni perturbationem et majestatis regiae laesionem Hiis auditis Proceres acti in â—uâ—iam confesâ—im ad arma rosiliunt milites quidam super armatura cotiâ—cas induerunt vocatas quarteloys Armigeri vero indumenta bendas habuerunâ— quibus indumentis expost induti tracti sunt suspensi plurimide procerum Comitiva Cum fastu igitur pompa nimia Barones Londonias adierunt hospitatique in suburbia civitatis manebant pacifice donec licentiam ingredi civitatem obtinuissent obtento a rege civitatis ingressu Magnates sicut prius in petitione sua fortiter perstiterunt Tandem interveniente regina praefatis episcopis laudabiliter mediantibus rex inductus est propter werrae periculum evitandum ut condescenderet votis petitionibus Procerum praedictorum Edictoque super hiis per comitem Herefordiae in aula Westmonasterii publicato Hugo senior in exilium actus est Sed Hugo junior in diversis locis latitans in Anglia in mari permansit The Clause Roll of 14 E. 2. m. 17. Schedula records the proceedings with this addition that King Edward the 2. having summoned the Lords to come to a Parliament with the rest of the Council at Glocester Humfry de Boun Roger de Mortimer and their confederates refused to come upon the Summons for fear of Hugh Spencer who was made Chamberlain in pleno Parliamento 12 E. 2. at York desiring that he might be committed and kept in safe custody till the Parliament for they weâ—e unwilling to come to him so long as he was with the King The King said he much wondred at this their carriage in regard Spencer was never questioned in any other Parliament since he was made Chamberlain for any misdemeanour ignorare non debetis nec potestis quod mandata nostra omnibus singulis ad Nos ad hujusmodi mandata nostra convenientibus protectâ—o desensio sunt debent secundum legem et consuetudinem Regni nostri As for removing Spencer from him which they desired he said it were unjust and of ill example aliis Ministris nostris sâ—ipsum amoveremas à Nobis totaliter sine causâ— Praefâ— uâ— vero Hugonem sive quemaâ—is alium Custodiae sine causa committere non possumus nec debemus cum hoc esset conira tenorem Magnae Chartae de libertatibus Angliae et contra Communem Legem Regni nostri ac contra Ordinationes made by himself and the Lords in Parliament Idem enim Hugo se protulit plane ac publice coram Nobis ad respondendum in Parliamento nostro alibi prout debuit querelis nostri siâ—gulorum aâ— ipso conqueretium volentium ad standum inde recto c. And thereupon he commands them to come and treat cum caeteris de Concilio at Oxford whereas it appears by the Dorse of this Roll he had formerly summoned them and the rest of the Council to Glocester whether these Earls refused to come Claus 15 E. 2. dorso 32. The whole proceedings against the Spencers in Parliamen are at large recorded but cancelled by order of the Parliament at York They were sent to every Court to be inrolled and the writ recites thar their judgement was per pares in praesentia Regis Soon after the same year the King summoned a Parliament at York on the 3. of September where this judgement against the Spencers was questioned as erronious and being referred to the consideration of the Provincial Council of Canterbury they conceived it to be erronice factum because the Spiritual Lords never assented to it neither could they doe it because it was Jndicium sanguinis for if they submitted not to the exile they were to be proceeded against as Enemies to the King and Realm After which the King and some of the Lords had the sentence read to them and they said It was erroniâ—ous The Earls of Richmond Pembroke and Arundel said They gave their voyces for fear of the other Noble mens power and the Judges said Consideratio praedicta fuit contra Legem consuetudinom regni The King writes down all this and then sends to some of the Bishops that were absent from the Council to know their minds 4 Januarii who concurring in judgement with the rest thereupon the Process Judgement and Act against the Spencers was nulled and made void before the King Lords and Commons who were consenting to it before 1. Because they were not called to it to make their defence 2ly Because the Lords Spiritual who were Peers assented not to it 3ly Because against MAGNA CHARTA the franchises of England Nullus liber homo utlagetur c. 4ly Because the Faults were not sufficiently proved 5ly Because the Lords in the Kings absence of their proper authority usurping to themselves royal power had given the judgement of his royal assent with the assent of the Lorâ—s and Commons without his privity and against his will The judgement and process of this repeal and nulling their sentence were sent by Writ into every County to proclaim and to null and cancel the first judgement A little before which Parliament Thomas Earl of Lancaster and sundry other Lords Knights and Gentlemen for adhering to him and levying war against the king were arraigned impeached before the Lords and commanded to be hanged drawn quartered and beheaded Comitum et Baronum Consilio as Walsingham relates without the Commons peculiar assent and accordingly executed Anno 1326. Hugh Spencer the younger notwithstanding the repeal of his exile being taken by the Kings forces was brought to Hereford and there arraigned publiquely before William Trussel a Judge His inditement is at large recorded in the Chronicle of Leicester and in Henry de Knyghton de Eventibus Angliae l. 3. c. 15. col 2547. c. beginning thus Hugo de Dispencere En Parlement nostre
the Attainders repealed by Bill afterwards In the Parliament of 25 H. 8. c. 12. Elizabeth Barkin Richard Master Edward Barkin and sundry others were attainted and condemned of High Treason John Fisher Bishop of Rochester Thomas Gold and others of misprission of High Treason by Act of Parliament In the Parliament of 28 H. 8. c. 7. Queen Anne George Lord Rochford Sir Henry Norris Sir Francis Weston William Breerton Esquire and Mark Sutton were convicted and attainted of High Treason and their lands forfeited by Bill In the Parliament of 32 H. 8. Thomas Lord Cornwell was convicted and attainted of High Treason by Bill against Law and the great Charter without ever being called to answer or any legal hearing for the Treasons therein expressed according â—o his own intentions to have thus proceeded against others without legal tryal In the Parliament of 33 H. 8. c. 21. Queen Katherine Jane Lady Rochford were convicted and attainted of High Treason by Bill to which Act the king was enabled to give his royal assent by Letters Patents signed by him under his hand with his great Seal notified and published in the HIGHER HOUSE to the Lords Spiritual and Temporal and the Commons there assembled without comming to the House in person to give his royal assent thereto In the Parliament of 2 3. Ed. 6. ch 17. Sir william Sharington Knight being indicted and attainted of High Treason for forging and coyning of mony called Testons his attainder was confirmed by Act of Parliament and his lands forfeited And ch 18 Sir Thomas Seymor Lord Seymor of Sudley and high Admiral of England for his trayterous aspiring to the Crown of this Realm and to be King of the same and for compassing and imagining by open Act to deprive the King of his royal estate and title of his Realms and for compassing and imagining the death of his Noblemen and most trayterously to take away and destroy all things which should have sounded to the let or impediment of this his most trayterous and ambitious enterprise as the Act recites and for other his misdemeanors innumerable untruths falshoods deceiptfull practises outrages against the King oppression manifest extortion upon the Subjects of the Realm was adjudged and attainted of high Treason by Bill and to sustain such pain of death and other forfeitures aes in cases of High Treason have been used being a Member so unnaturul unkind and corrupt and such a heynous offender of his Majesty and his Laws that he cannot nor may not conveniently be suffered to remain in the body of the Commonwealth but to the extreme danger of the Kings Highness being the head and of all the good Members of the same and of too pernicious and dangerous example that such a person so bound to his Majesty by sundry great benefits and so forgetfull of them and so cruelly and urgently continuing in his false and treacherous intents and purposes against his Highness and the whole estate of his Realm should remain among us In the Parliament of 1 Mariae ch 1. the Attainder of Queen Katherine is reversed by Bill and ch 16. the Attainders of John Duke of Northumberland Thomas Cranmer Archbishop of Canterbury William Marquess of Northampton John Earl of Warwick Sir Ambrose Dudley with other Knights and Gentlemen formerly convicted and attainted of Treason according to the Law of the Realm for their detestable and abominable Treasons in proclaiming and setting up Queen Jane to the peril and great danger of the person of Queen Mary and to the utter loss disherison and destruction of the Realm of England if God in his infinite goodness had not in due time revealed their trayterous intents as the Act recites at the Petition and with the assent of the Lords Spiritual and Temporal and Commons in Parliament were confirmed and ratified by a special Act. In the Parliament of 29 Eliz. c. 1. the Attainders of Thomas Lord Paget Sir Francis Englefield and sundry other Knights and Gentlemen who were lawfully indicted convicted and attainted of many unnatural detestable and abominable Treasons to the fearfull peril and danger of the destruction of the Queens Majesties person and of the Realm were confirmed by a special Act and ch 3. there is another Act to avoid fraudulent assurances made in certain cases by Traytors In the Parliament of 3 Jacobi ch 2. Sir Everâ—rd Digby Robert Winter Guy Fawkes Robert Catesâ—y and all the rest of the Gunpowder Traytors who undertook the execution of the most barbarous execrable and abominable Treason that could ever enter into the hearts of most wicked men by blowing up the Lords House of Parliament with the King Queen Prince Lords Spiritual and Temporal Judges Knights Citizens and Burgesses of Parliament therein assembled were attainted of High Treason and their former attainders and convictions confirmed by a special Act And in this very last Parliament the Earl of Strafford Lord Deputy of Ireland and William Laud Archbishop of Canterbury after judgement of high Treason upon their several impeachments and trials given against them by the Lords in their House were likewise attainted of Treason and their judgements ratified by a special Bill and Ordinance to which the Commons assented as well as the Lords their assents to Attainders by way of Act or Bill being so necessary that if the King in Parliament Wills that such a man shall be attainted of Treason and lose his lands and the Lords assent and nothing is spoken of the Commons in the Bill this is no Act nor good Attainder in Law and the petson shall be restored by the opinion of all the Judges 4 H. 7. f. 18. Broke Parliam 42. Fitz. 3.7 H. 7.14 11 H. 7.27 Broke Parliam 107. Plowden 79.32 H. 6.18 As the Commons in our English Parliaments have assented to all these and some other Bills and Acts of Attainder cited in Sir Edward Cooks 4 Institutes ch 1 2. and Mr. St. Johns Argument at Law concerning the Bill of Attainder of High Treason of Thomas Earl of Strafford printed by Order of the Commons House 1641. So I find that the Commons in Ireland have done the like in the Parliaments held in Ireland as the Printed Statutes of Ireland 28 H. 8. c. 1. for the Attainder of the Earl of Kildare and others of High Treason 11 Eliz. ch 1. for the Attainder of Shan O Neyle and others of High Treason of 13 Eliz ch 6. 7. for the Attainders of Fiâ—zgerald and others of High Treason Of 27 Eliz. ch 1. for the Attainders of Iames Eustace and others of High Treason of 28 Eliz. ch 8. 9. for the Attainders of the Earl of Desmond John Brown and others and of 11 Jacobi ch 4. for the Attainders of the Earl of Tyrone and others of High Treason for their several rebellions insurrections wars against their Soveraigns and other Treasons mentioned in these respective Acts abundantly evidence But yet the Commons assents to all these Bills
iâ— regno Quid mihi suaderet vos prodere vel certe necare qui nihil lucri reciperem de vestra morte Nunquid hostes â—estri me ditiorem facerent in terra sua quam effectus sum in terra vestra et in natali solo Aut si regnum affectarem credendu â—ne est post vestram inteâ—fectinnem quod absit Dominos hujus Regni aquâ—nimiter ferre me posse Domini mei et patriae proâ—â—torem Deliâ—ere si placet fidem â—arâ—â—alia â—lerenâ—bus quia paratus sum more militis contra quemcunque mundi mihi in hac causa adversantem pugnare et meam innocentiam defendere et purgare Upon which and other words the King believed the Duke and received his excuses and committed the Frier at his request to the Custodie of the Lord John Holland usque ad diem quo causam diceret horum quae praeposuerat contra eum In ipsa nocte quae processit diem suae responsioniâ— the Frier was strangled and pressed to death by the said John and another Knight and the next day his dead corps was drawn through the street like a Traytor to take away the suspition of his unjust death Ipsi judices ipsi ministri ipsi tortores extiterunt Et hic fructus Parliamenti praesentis praeter hoc quod dominus Willielmus la Zouche quamvis gravissima detineretur aegritudine accersitus erat ad Parliamentum ad standium judicio Regis et Dominorum quia idem â—rater eum velut inventorem inceptorem et incentorem dixerat omnium quae scripserat extitisse Qui cum venisset lectica delatus quia propter guttam equitare non poterat compulsus est discinctus et discooperto capite ad haec omnia sibi objecta more latronum vel proditorum respondere Qui viriliter negavit objecta Sacramento firmans haec nunquam audisse vel hujusmodi cogitasse et ita demum absolutus est et domum redire permissus In this Parliament holden at Salisbury 7 R. 2. rot Parl. n. 11. to 16. John Cavendish a Fishmonger of London made his complaint first to the Commons and after to the Lords against Sir Michael de la Poole Chancellor of England demanding the Peace against him which THE LORDS granted after which he accused him for taking Bribes and delayes and injustice in a sute of his depending before him whereof he cleared himself by his own Oath and the Oaths of other witnesses sworn and examined before THE LORDS Whereupon the Lords being troubled with other weighty matters referred the Chancellors reparation for the Scandal to the ordering of the Judges The same Sir Michael de la Pole Earl of Suffolk and Chancellor of England in the Parliament of 10 R. 2. rot Parliamenti n. 6. to 18. was accused in full Parliament before THE KING BISHOPS LORDS by the Commons who exhibited sundry Articles against him recorded at large by Henry de Knyghton agreeing with the Parliament Roll. The effect of them was this That whiles he was Chancellor against his Oath to procure the profit of the King he had purchased lands and tenements of the King of great value at under rates and exchanged uncertainâ— customs and rents for good lands in deceipt of the King and for spending the Aids granted to the King the last Parliament to guard the Seas in another manner than they were granted whereby the Seas were not guarded and much mischief hapned to the Realm c. The Lords Commons refused to act any thing till the King came in person to Parliament and the Chancellor removed upon these Articles The Chancellor demanded of the LORDS 1. Whether he should answer these Articles without the Kings presence for things done whiles he was Chancellor for that he being Chancellor of England for the time represented the Kings person in Parliament during his absence thence Secondly Whether his Brother in Law Sir Richard Scroope might not answer for him whom he had by advice of his Counsel appointed to do it To which the LORDS answered and resolved It was honest and fit for him to answer for himself Whereupon he making protestation that he might adde to or diminish from his answer and that which might be honourable to him by advice of his Counsel the Lords granting thereunto He thereupon put in an answer and replication to all the Articles to which his Counsel added some things in making his defence The Commons replyed to his answer to w ch he by way of rejoyndâ—r replied and answered to them his defence sâ—eming very solid Yet the Commons upon his replication before judgement pressed the King then being in Parliament and she Lords that he might be committed for the grievous offences charged against him Whereupon he was arrested by the Kings command and committed to the custody of the Constable of England and after let to mainprise Ar last THE LORDS in full Parliament GAVE JUDGEMENT AGAINST HIM That for breach of his Oath all the Manors and lands which he had of the Kings gift contained in the Articles should be seised into the Kings hands to have them to him and his heirs for ever together with their mean profits and issues saving to him the name and Title of a Knight and Earl together with an annuity of 20 l. yearly granted him out of the profits of the County of Suffolk The like judgement was given against him for the lands exchanged by the King for the customs of Hull and the Priory of St. Anthony Walsingham addes That he was deprived likewise of his Chancellorship and adjudged worthy of death yet the Lords would not put him to death but sent him prisoner to Windsore Castle Rex autem non multo post annullavit quicquid in Parliamento statutum fuerat contra ipsum In the Parliament of 11 R. 2. rot Parl. â— 6 7. Thomas Duke of Gloucester kneeling before the King said that he understood the King was informed he went about to depose him and to make himself King Wherefore he offered to put himself upon his tryal in that behalf as the Lords of the Parliament would award Whereupon the King said in open Parliament that he thought the said Duke was nothing faulty and therefore held him excused After which all THE LORDS as well spiritual as temporal being in the Parliament claimed their liberties and franchises namely That all weightâ— matters in the same Parliament which should be after moved touching THE PEERS OF THE LAND ought to be discussed JUDGED AND DETERMINED BY THE M by the course of Parliament and not by the Civil Law nor yet by the Common Law of the Land used in other Couâ—ts of the Realm The which claim and liberties the King most willingly allowed and granted thereto in full Parliament After which Thomas Earl of Glocester Henry Earl of Derby Richard Earl of Arundel Thomas Earl of Warwick and Thomas Earl of Marshal Lords Appellants impeached Alexandâ—r Archbishop of York Robert de Vere
dominum nostrum jam elapso irae tempore haec innotuisse Praeterea si aliquid â—iolentiae ipsi Henrico intuleritis ecce Episcopus Londinonsis qui spiritualem et alii amici ejus militares qui vindictam exercebunt materialem et sic in magna parte cessavit Extunc igitur procurante efficaciter Comite Richardo et Episcopâ— memorato mitius actum est cum eo Dictum enim est domino Regi secretius quod mirum est quod aliquis ei curat servire cum eis post ministerium etiam mortem nititur inferre Promissa igitur quadam pecuniae summa a mortis discrimine recessit liberatus After which he paying to the King 2000 marks for a fine and being reconciled to the King ad Curiam est reversus immemor laqueorum quos evaserat Here we have 1. A corrupt Judge accused of bribery by others and by the King of rebellion and sedition and that before the Lords in Parliament 2ly A Proclamation for all that were grieved to complain against him 3ly A rash unjust sentence given against him by the King himself for any man that would to kill him with impunity 4ly the Lords opposition and contradiction of this sentence and its execution as unjust and dangerous 5ly A remission of his sentence by the Lords mediation and a fine imposed and paid to the King for his offences In the 49 year of King Henry the 3. at the Parliament held at Winchester divers Commoners as well as Lords were attainted and condemned of High Treason for levying war against the King their persons imprisoned their lands and goods confiscated and the liberties of the City of London forfeited by judgement of the Lords Anno â—290 King Edward the 1. held a Parliament at London at which time Rex auditis multorum queremoniâ—â— fere Justiciarios omnes de falsitate deprehensos a suo Officio deposuit puniens eos juxta demerita grâ—vi mâ—a by the advice of his Lords in Parliament It appears by the Clause Roll of 5 E. 2. m. 22. dorso and Rot. Finium 5 E. 2. m. 11. in Schedula that in a Parliament held at Stamford 3 E. 2. the Commons of England exhibited sundry Articles of complaint to the King Amongst others that they were not used as they ought to be by THE GREAT CHARTER in taking Prises and Purveyances without mony c. That the King by his Ministers took ijs of every Tun of wine and ijs a cloth from Merchants aliens and 3 d. pur aver de poys to the damage of his people and hinderance of trade which new Impositions being against Law the King promised to redress for the future and to content himself with the Prises and Customs antiently due They likewise complained of the abuses oppressions and extravagances of Purveyors Constables of Castles and Escheators and abuses of Protections and Pardons granted by the King to Murderers and other Malefactors to their incouragement whereto redress was promised In their 6. Article they complained That the Knights Citizens and Burgesses of Parliament came up with divers Petitions for matters not remediable at the Common Law and could not finde to whom to deliver them Whereunto was answered The King willed that in his Parliaments for time to come certain persons should be appointed to receive Petitions and that they should be delivered TO HIS COUNCIL as was used in the time of his Father and examined and answered by him with their advice Whence we find in all our Parliament Rolls ever since in the beginning of every Parliament certain persons nominated by the King and Lords being Members or Assistants of the Lords house to receive the several Petitions of England Ireland Scotland Gascoigne Iersey Gernsey Alderney and other Isles and other persons of the LORDS House appointed to trie examin and answer them in the Kings name and behalf as he by their advice shall think meet and sundry Petitions of Grievances of all kinds presented to them and answered accordingly by the King and Lords in every Parliament as well by the whole house of Commons as by particular Counties Cities Corporations and private Persons a most clear Evidence that the King and Lords are the sole Judges of all criminal and civil causes and Grievances of the Commons in Parliament since they thus constantly petition them for redress and that the Commoners are only Petitioners not Judges as the Parliament roll of 1 H. 4. n. 79. resolves in direct terms Claus 8 E. 2. m. 7. dors The Chaplains of the House of Converts exhibited a Petition in Parliament against Adam de Osgodby the Keeper thereof for putting them out of their lodgings and placing his Clerks therein they being founded by King H. 3. to pray and sing Masses for his and his ancestors Souls and not to lodge the Clerks of the Chancery Upon consideration of the Petition by the Lords and Councel in Parliament it was referred to the Chancellor to examin and determine tanquam principali Custodi omnium Hospitalium et Domorum de eleemosyna Domini Regis fundatorum ut ipfe inde faceret quod de jure esset faciendum He sends a Commission to the House to inquire the truth of the complaint and finds the Complaint unjust and that the Keeper of the House was falsly charged and that especially by William de Okelines being one of the Chaplins Whereupon consideratum est per Cancellarium quod Willielmus idem nihil haberet de contentis in petitione sua praedicta sed quod committeretur ad custodiam suam pro falsâ— querela sua castigandus juxta discretionem dicti custodis Pasch 8 E. 2. Norfolk The Archdeacon of Norfolk was accused for citing the Countess of Warren being the Kings Neece and divorced from her husband to the damage of the King 2000 l. and it was adjudged by the Lords in Parliament against the Archdeacon quod nec citatio nec summonitio fieri debet versus eot qui sunt de sanguine Regis quia illis Major reverentia debita est and therefore he was fined About the year 1316. when the Northumberland Soldiers like some in this age raised against the Scots de tyronâ—bus facti sunt Tyranni de defensoribus destructores de propugnatoribus proditores c. one John Tanner said openly that he was heir of England Therefore at Northampton before the King and Lords he was proved false and hanged and drawn See more of him in Fabians Chronicle part 7. Anno 1314. p. 169. who relates that he reported he was son to King Edward the 1. but was stoln out of his cradle by a false nurse and Edward who was anothers son laid in the cradle for him and that he had a Fiend in form of a Câ—t whom he served 3. years which assured him he should be King of England In the Parliament of 18. E. 1. the Prior of Trinity in London and Bago de Clare were attached brought into the Parliament there
it was shewed to the said John Lord of Gomynes by the said Steward how the said LORDS had assembled and considered of his answer and THAT IT SEEMED TO THE LORDS sitting in full Parliament that without duresse or default of victuals or other necessaries for the defence of the Town Castle of Arde and without the Kings Command he had evilly delivered and surrendred them to the Kings Enemies by his own default against all appearance of right or reason contrary to his undertaking safely to keep the same Wherefore THE LORDS aforesaid here in full Parlia-ADJUDGE YOU TO DEATH And because you are a Gentleman and a Baronet and have served the Kings Grandfather in his wars and are no Liege man of our Lord the King you shall be beheaded without having OTHER JUDGEMENT And because that our Lord the King is not yet informed of the manner of this Judgement the execution thereof shall be put in respite until our Lord the King be informed thereof Loe here two express Judgements given in Parliament by the LORDS alone without King or Commons in case of Treason even against Commoners themselves And an express acknowledgement by the Commons of the Lords right to award Iudgement in these cases without the King or them than which a fuller and clearer proof cannot be desired In the Parliament of 2 R. 2. n. 34 35. Sir Robert Howard knight was committed prisoner to the Tower upon the complaint of the Lady Nevil by the Lords in Parliament for a forcible imprisonment of her daughter to which he was accessory that she might not prosecute a divorce in Court Christian In the 50 year of King Edward the 3. in the Parliament called the good Parliament Sir John Anneslee Knight accused Thomas Katrington Esquire of Treason for selling the Castle of St. Saviour in the Isle of Constantine to the French for an inestimable sum of money cum nec defensio sibi nec victualia defuissent whereupon he was taken and imprisoned but in King Edwards sickness enlarged by the Lord Latymers means as was reported In the Parliament held at London Anno 1380. the 3. of R n. 2. he was again accused by Sir John Anneslee and there resolved that being a Treason done beyond Sea not in England it ought to be tried by duel before the Constable or Marshal of the Realm Whereupon a day of battel was appointed in the Court at Westminster the 7. of June and lists set up On which day in the morning they fought the battel in the presence of the KING Nobles and Commons of the Realm which Walsingham at large describes till both of them were tyred and lay tumbling on the ground where the Esquire got upon the Knight as if he had conquered him Others said the Knight would rise again and vanquish the Esquire Interea Rex pacem clamari prâ—cepit et militem erigâ— The Knight refused to be lifted up as the Esquire was desiring he might be laid upon him again for he was well and would gain the victory if he were laid upon him again When he could not obtain his request being lifted up he went chearfully to the King without help when as the Esquire could neither stand nor go but as two held him up and thereupon was set in a chair to rest himself The Knight when he came before the King rogavis Eum et Proceres ut sibi illam concederunt gratiam ut itâ—rum in loco quo prius posset reponi et armiger super eum Rex vero et Proceres cum vidissent miliâ—em tam animose â—am vivide bellum repetere et insuper magnam summam auri offerre publice ut id posset effici decreverunt eum iterum reponendum armigerum super eum modo universaliter servato quo â—acuerant ante prostrati But the Esquire in the mean time in a swoun fell out of the chair as dead between the hands of those who stood by him Whereupon many running to him chafed him with wine and water but could not recover him till they pulled off his arms Quod factum et Militem victorem probavit Arm gerum esse victum After some space the Esquire reviving opened his eyes and began to lift up his head and to look terribly on every one that stood round about him which the knight being informed of went presently to him in his arms which he never put off and speaking to him et Proditorem et falsum appellans quaerit si iterum audeat Duellum repetere Ille verò nec sensum nec spiritum habente respondendi â—lamatum est pugnam finitam et ut quisque ad propria remearet The Squire was carried to his bed senceless and died the next morning Here we have a Duel ordered by Parliament and the King and Lords Iudges in it not the Commons for a Treason done beyond the Seas not triable here by Law In the Parliament of 4 R. 2. n. 17. to 26. Sir Ralph Ferrers being arested for suspition of Treason on the borders of Scotland was brought into the Parliament before the Lords to answer the same where divers Letters under his hand and Seal as was pretended were produced and read against him sent to the Lord Admiral of France and other French Officers informing them that he in the behalf of the French had made a League and alliance with the Scots and desiring them to make payment of the monies promised him and of his own fee and inviting the French to invade England c. with discoveries of the Kings designs against the French and answers to them Sir Ralph desired Counsel in this case which was denied him These Letters were found by a beggar besides London divers of his familiars were called into the Parliament house before the Lords and likewise the beggar and the whole matter strictly examined The Letters sent by Sir Ralph to the parties beyond Seas and certain Letters sent by them in answer to his were all sealed together and all of one hand and the Seal larger than the Seal of the said Sir Ralph whereupon they seemed to be forged by some of his Enemies for his overthrow himself being once or twice urged to answer Whether the Letters were his or no answered that he did not remember they were his own Letters and that he was ready to approve as the Lords should think fit having formerly offered combate with any that would justifie it from which he was put In conclusion the Lords thought him to be innocent whereupon he was delivered to 4. Earls and 2. Lords who became pledges body for body to answer when he should be called between that and the next Parliament and so he was inlarged The Letters and his Seal were delivered to Sir John Cavendish Chief Justice of England and the beggar being thought privy to this falshood was committed to prison by THE LORDS In the Parliament of 5 R. 2. n. 44 45. Richard Clindow Esquire exhibited a Bill to
against Sir Michael de la Pool Knight Lord Chancellor of England first before the Commons and afterward before the Lords which was granted Then he accused him BEFORE THE LORDS for bribery and injustice and that he entered into a bond of 10 l. to Iohn Ottard a Clerk to the said Chancellor which he was to give for his good success in the business in part of payment whereof he brought Herring and Sturgeon to Ottard and yet was delayed and could have no justice at the Chancellors hands Upon hearing the cause and examining witnesses upon Oath before THE LORDS the Chancellor was cleared The Chancellor thereupon required reparation for so great a slander the Lords being then troubled with other weighty matters let the Fishmonger to Bail and referred the matter to be ordered by the Judges who upon hearing the whole matter condemned Cavendish in three thousand marks for his slanderous complaint against the said Chancellor and adjudged him to prison till he had paid the same to the Chancellor and made fine and ransom to the King also which the Lords confirmed In the Parliament of 8 R. 2. n. 12. Walter Sybell of London was arrested and brought into the Parliament before the Lords at the sute of Robert de Veer Earl of Oxford for slandering him to the Duke of Lancaster and other Nobles for maintenance Walter denied not but that he said that certain there named recovered against him the said Walter and that by maintenance of the said Earl as he thought The Earl there present protested himself to be innocent and put himself upon the trial Walter thereupon was committed to Prison by the Lords and the next day he submitted himself and desired the Lords to be a mean for him saying he could not accuse him whereupon THE LORDS CONVICTED and FINED HIM FIVE HUNDRED MARKS TO THE SAID EARL for the which and for his fine and ransom to the King he was committed to prison BY THE LORDS A direct case in point By these two last Presidents of the Lords â—ining and imprisoning Cavendish and Syber two Commoners in Parliament for their standers and false accusacions only of two particular Peers and Members of their house it is most apparent the Lords now may most justly not only imprison but likewise fine both Lilburn and Overion for their most scandalous Libels against all the Members just Privileges Judicatory and Authority of the whole House of Peers which they have contemned vilisied oppugned and libelled against in the highest degree and most scurrillously abused reviled in sundry seditious Pamphlets to incite both the Army and whole Commonalty against them In the Parliament of 11 R. 2. the Duke of Glocester and other Lords came to London with great forces to secure themselves and remove the kings ill Counsellors and bring them to judgement whereupon the King for fear securing himself in the Tower of London and refusing to come to them at Westminster contrary to his faithfull promise the day before they sent him this threatning Message nisi venire maturaret juxta condictum quod eligerent alium sibi Regem qui vellet et deberet obtemperare consiliis Dominorum Wherewith being terrified he came unto them the next day Cui dixerunt PROCERES pro honore suo regni commodo oporterâ—â— ut Proditores susurrones adulatores et male fici detractores juratores à suo Palatio et Comitive etiam eliminarentur Whereupon they banished sundry Lords Bishops Clergy-men Knights and Ladies from the Court and imprisoned many other Knights Esquires and Lawyers to answer their offences in Parliament The first man proceeded against in Parliament was the Chief Justice Tresylian whom the Lords presently adjudged to be drawn and hanged The like Iuegement the Lords gave against Sir Nicholas Brambre Knight Sir Iohn Salisbury Sir Iames Burwâ—yes Iohn Beauchamp Iohn Blakes who were all drawn and hanged accordingly as Trayâ—ers one after another and Simon Burly beheaded after them by like judgement notwithstanding the Kings and Earl of Derbies intercessions for him to the Lords After their Execution Robert Belknapâ— John Holâ— Roger Fulthorp and William Burgh Justices were banished by the Lords sentence and their lands and chattels confiscated out of which they allowed them only a small annual pension to sustain their lives After which these Judgments against them were confirmed by Acts of Attainder as you may read in the Statutes at large of 11 R. 2. where their Crimes and Treasons are specified in Cokes 3 Institutes c. 2. p. 22 23. and in Knyghton Holinshed Fabian Speed Trussel with other Historians In the Parliament of 13 R. 2. n. 12. Upon complaint of the Bishop Dean and Chapter of Lincoln against the Mayor and Bayliffs thereof for injustice in keeping them from their rights and rents by reason of the franchises granted them which they abused Writs were sent to the Mayor and Baylifs to appear at a certain day before the Lords and to have full authority from the whole Comonalty to abide their determination therein At which day the Mayor and Bayliffs appearing in proper person for that they brought not full power with them from the said Commonalty they were anâ— goâ— by the Lords to be in contempt and so were the Mayor and Bayliffs of Cambridge for the self same cause this very Parliment n. 14. In the Parliament of 15 R. 2. n. 16. The Prior of Holland in Lancashire complained of a great riot done by Henry Treble John Greenboâ— and sundry others for entring into the Parsonage of Whitwâ—rke in Leicestershire thereupon John de Ellingham Serjeant at Armes by vertue of a Commission to him directed brought the said Treble and Greenbow the principle malefactors into the Parliament before the Lords who upon 〈◊〉 confessed the whole matter and were therefore committed to the Fleaâ— there to remain at the Kings pleasure after which they made a fine in the Chancery agreed with the Prior and found sureties for the Good behaviour whereupon they were dismissed The same Parliament n. 19. Sir Will. Bryan was by the King with the assent of the Lords committed prisoner to the lower during the Kings will and pleasure for purchasing a Bull from Rome to the Archbishops of Canterbury and York to excommunicate all such who had broken up his house and taken away divers Letters Privileges and Charters which Bull was adjudged prejudicial to the King his Councâ—l and in derogation of the Law Num. 20. Thomas Harding was committed to the Fleet by the King and Lords assent there to continue during the Kings pleasure for falsly accusing Sir John and Sir Ralph Sutton as well by mouth as writing of a conspiracy whereof upon hearing they were acquitted And n. 21. John Shadwell of Baghsteed in Sussex was likewise committed to the Fleet by THE LORDS there to remain during the Kings pleasure for misinforming of the Parliament that the Archbishop of Canterbury had excommunicated him and his neighbours wrongfully in his
every temporal Lord being in full Parliament examined touching the answer of the said Sir William and the matters and evidences which they had examined said severally that the said William had done his message well and legally and that in the person of the said William there was no fault nor evil touching the said message nor any thing that he did to the person of the said Duke Whereupon Walter Clapton Chief Justice of the Kings Bench by command of the king adjudged and declared that the said William should be fully excused and acquitted for ever in time to come touching this matter 3ly The last day of this Parliament it was agreed by the King and Lords that all the remembrances called Raggemans or Blantâ—es Charters lately sealed in the City of London and divers Counties Cities and Burroughs of England should be sent to the City of London and from every County City and Burrough from whence they came and Writs sent to every of them rehearsing That the king held all the resiants and Inhabitants in them for his good and loyal Subjects and that no confession by them made comprised in the said remembrances are nor shall be in derogation of the estate of any such person and that the same remembrances shall be burnt and destroyed in the most open place of the said Counties Cities and Burroughs and if any thing remain of record in any Court or place the king wills that it shall be cancelled and totally adnulled revoked and repealed and held for no record and of no force nor value for time to come 4ly The 19th of November in the said Parliament Placita Coronae coram Domino Rege in Parliamento suo c. Anno regni Regis Henrici quarti post Conquestum primo n. 17. The Commons prayed she King that rhe pursute arrest and judgements made against Sir William le Scropâ— knight Henry Green knight and John Bassy knight might be affirmed and held good Whereupon Sir Richard Scroop humbly prayed the King that nothing which should be done in this Parliament might turn to his or his Childrens dis-inherison Of which Sir Richard it was demanded whether the said pursute arrest and judgements were good or not who answered that he feared not to say and must confesse that when they were made thâ—y were good and profitable for the King and Realm and that his Son was one of them for which he was very sorrowfull Whereupon the king rehearsed that he claimed the Realm and Crown of England with all their members and appurietenances as heir of the bloud by the right line of king Henry the 3d. and although through the right which God had sent him by the aid of his Parents and friends he recovered the said Realm which was at the point to be undone by default of government and defesance of the Laws and customs of the Realm yet it was not his will that any should think that by way of Conquest he would disinherit any man of his heritage franchise or other right which he ought to have nor out any man of that which he had or should have by the good Laws or Customs of the Realm except these who had been against the good purpose and common profit of the Realm of which only the King held the said Sir William Henry and John for such and guilty of all the evil which had come upon the Realm and therefore he would have and hold all the Lands and Tenements they had within the Realm of England or elsewhere by conquest Whereupon fuist demande de touts les Seigniors temporellez lour advys de les pursuite arreste juggem 〈◊〉 suiâ—diâ—z Les queux Seigniors touz de â—ne accorde disorent que mesmes les pursuite arreste juggement quinâ—que fuist fait come defuist dit uist bons et les affirmente Piur bons et profitables 5ly In the case of John Hall 1 H. 4. Placita Coronae n. 11 to 17. who being in custody of the Marshal of Englana was brought by him before the Lords in Parliament and there charged before them by Walter Clapton Lord Chief Justice by the King command with having a hand in the murther of the Duke of Glocester who was smothered to death with a Featherbed at Calues by king Richard the seconds command the whole transaction whereof he confessed at large and put in writing before James Billingford Clerk of the Crown which was read before the Lords upon reading thereof the King and all the temporal Lords in Parliament resolved that the said John 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 toutes les Seigneiors temporelz per assent du Roy adjuggerent all the temporal Lords by assent of the King ADJVDGED that the said Jo. Hall should be drawn from Tower hill unto the Gallows at Tiburn and there bowelled and his bowels laid before him and after he should be hanged beheaded and quartered and his head sent to Calice where the murther was committed and his quarters sent to other places where the king should please and thereupon command was given to the Marshal of England to make execution accordingly and it was so done the same day Lo here the Lords in Parliament gave judgement against a Commoner in case of a murther done at Calice and so not â—riable in the Kings Bench but in Parliament and passe a Judgement of High Treason on him for murthering of a great Peer only In the Parliament of 2 H. 4. rot Parl. n. 23 24. The Commons shewed to the King that William Bagot had been impeached of many horrible deeds and misprisions the which if they had been true the Commons supposed the the King aad ths Lords would have had good notice thereof for that they had made many examinations thereof whiles the said William was in distress And therefore the said Commons prayed the King that the said Sir William being in Flanders and no offence found in his person upon the slanders in his impeachment aforesaid that he would be pleased to restore him to his lands To which prayer was answered in the Kings behalf that although the said Sir William upon the said impeachment made the last Parliament was put to his answer before the King and the Lords and there pleaded a general Charter of pardon against which Charter it seemed to all the Lords then present that the said Sir William ought not to be impeached nor put to answer by the King on his part for that the said Sir William was not attainted of any impeachment suggested against him and that the King had done him justice in this behalf therefore he would in the same manner doe him justice in the residue at the Commons request A most full proof of the Kings and Lords judicial power in Parliaments even in case of a Commoner The same Parliament 2. H. 4. num 29. William
presidents are but few never judicially argued and rather connived at than approved by the King and Lords taken up with other more publike businesses therefore passing sub silentio they can make no Law rule or right as is resolved in Long. 5 E. 4. f. 110. Cooks 4. Reports f. 93 94. Slades case 6 Report f. 75. Druries case 5ly There are many express antient Presidents Statutes Judgements in most former Parliaments to the contrary sundry of them upon the Commons own Petitions and complaints which will over-ballance and controll these few late Presidents warranted by no old Records or Statutes whatsoever but contradicted by the constant practice of former ages To clear which truth beyond contradiction I shall shew you the very Original of the Commons summons to Parliament by the Kings writs out of meer grace not antient right or custom with the several varieties of Writs Statures touching elections of Knights Citizens Burgesses and chief cases resolved in Parliaments touching Elections breaches of Privileges relating to Members or their menial Servants that I finde upon record which will abundantly clear this point and refute these irregular puny presidents The original of our Parliaments as now constituted of King Lords and Commons is by several of our Historians Antiquaries and Writers referred to the 16. or 17. year of King Henry the 1. or at least to Henry the 2. his reign which I have already refuted by a particular list of all the Parliaments under them Yet many of this opinion affirm that the Commons were not constantly summoned to our Parliaments but only the Lords Spiritual and Temporal before the 49. of King Henry the 3. and beginning of Edward the 1. his reign neither had they a Speaker till 51 E. 3. Therefore no power of Judicature over their Members The first Writ I finde extant that savors of summoning Knights to Parliament is that in the 15. year of King Iohn wherein this King sent a Writ to the Sherif of Oxon in these words Rex Vicecomiti Oxon salutem Praecipimus tibi quod omnes Milites Ballivae tuae qui summoniti fuerunt esse apud Oxoniam ad Nos à die Omnium Sanctorum in 15. dies venire facias cum armis suis Corpora vero Baronum sine armis singulariter et IV. DISCRETOS MILITES DE COMITATU TUO illuc venire facias ad Nos ad eundem terminum AD LO QUENDUM NOBISCUN DE NEGOTIIS REGNI NOSTRI Teste meipso apud Witten 11 die Novembris Eodem modo scribitur omnibus Vicecomitibus This is no Writ of Summons to Parliament as some take it but rather to a Military Council as I conceive it For 1. There is no mention of any Bishops Abbots Priors Spiritual Lords Citizens or Burgesses summoned thereto but only of Barons without arms and Knights with arms 2ly Of all knights they had formerly summoned to appear there 3ly Of 4. not 2. discreet Knights out of every County and that not ad Parliamentum nostrum but ad Nos venire facias 4ly They were not to be elected by the people but immediately summoned elected and sent by the Sherifs themselves 5ly They were to come ad loquendum nobiscum not ad faciendum consentiendum hiis c. as the usual Writs of Summons for Knights of Shires are since without any power of Judicature to fine seclude or question one anothers elections or returns as now The very first express writ extant in History or Records that I can meet with upon search for the calling of Knights Citizens and Burgesses to Parliament is in 49 â—3 where the King after the battel of Evesham by his Writs summoned no less than 64 Abbots 36 Priors besides the Bishops and 5. Deans of Cathedrals and the Temporal Earls and Barons only 23. in number the rest being slain in the field or in actual rebellion After their Writs of Summons and name â—ollows this Writ or Note of summons for Knights Citizens and Burgesses and Barons of the Cinqueports Item mandatum est singulis Vicecomitibus per Angliam quod VENIRE not elâ—gi FACIANT duos Milites de Legalioribus Probioribus et discretioribus Militibus singulorum Comitatuum AD REGEM Londoniis in Octabis praedictis in forma supradicta Item in forma praedicta scribitur CIVIBUS Eborum Civâ—bus Lincoln caeteris Burgis Angliae quod mittant in forma praedict DUOS DE DISCRETIORIBUS LEGALIORIBVS PROBIORIBUS TAM CIVIBUS QUAM BURGENSIBUS SUIS Item in forma praedicta mandatuÌ„ est Baronibus et probis hominibus Quinque Portuum prout continetur in brevi inrotulato inferius Here the King 1. limited both the number and quality of the Knights Citizens and Burgesses when first summoned to our Parliaments 2ly He directed particular Writs to all Sherifs to summon not to elect by the choice of the Freeholders two of the legallest honestest discreetest Knights in their Counties which they alone were then to make choice of 3ly He sends particular Writs to some not all Cities and the rest of the Burroughs of England to send two of their discreetest legallest and honestest Citizens and so to the Cinqueports to send such Barons to this Parliament And if they returned any not thus qualified against the form of these Writs no doubt the King himself might refuse seclude them and he with his Lords were the sole Judges of their fitness for that service not they themselves to judge of their own or their fellow Members fitness or incapacity The first seclusion of any Knights Citizens and Burgesses in Parliament and electing others in their places was by the King himself with his Councils advice not by the Commons themselves for wilfull absence Claus 5 â— â— m. 26 dorso where divers Knights of Shires Citizens and Burgesses departing from the Parliament held at London without the Kings special license the King thereupon issued out Writs to the Sherifs of Yorkshire and other Counties to summon all such Knights Citizens and Burgesses within their Bayliwicks to return to the Parliament vel alios ad hoc idoneos loco ipsorum si ad hoc vacare non possunt eligere c. or to cause others who were fit to be elected in their places if they could not attend the Parliament with sufficient authority from the Counties Cities and Boroughs to consent to those things which should be ordained at the next Session of Parliament then prorogued to a certain day Here the King alone by his Writ takes authority to discharge those Knights Citizens and Burgesses who departed from the Parliament without his license and would or could not attend it without the Commons votes or assents and to command the Sherif to elect other sit persons in their places Claus 4 E. 3. m. 13 Dorso The King having issued out writs of Summons to Parliament dated Octob. 23. The 3 of November following he sent writs to all Sherifs to proclaim in all places That he being
or jurisdiction to enlarge him or to fine or imprison those who took him in Execution as of late times they have done And in this Parliament upon the petition and supplication of the Prelates and Clergy n. 32. the King by the assent and advice of the Lords enacted the Statute of 8 H. 6. c. 1. That the Clergy and their Attendants called to the Convocation by the Kings writ should have and enjoy for ever hereafter the same liberty and immunity in going coming and tarrying as the Great men and Commonalty of England called or to be called to the Kings Parliaments have used and enjoyed they complaining to the king that they and their servants coming to the Convocation were oftentimes and commonly arrested molested and inquieted Which they had no power to redress but only the King and Lords upon their complaints thereof In the Parliament of 18 H. 6. n. 13. It was shewed to the King and the Lords Spiritual Temporal that Gilbert Hore Sherif of the County of Cambridge upon the kings writ directed to him to chuse 2. knights for that shire had made no return of any knights for that County for certain reasons therein expressed Whereupon the King by advice and assent of the Lords Spiritual and Temporal not the Commons house alone as now nor yet joyntly with them ordered that a New writ for electing 2. knights for that County should be directed to him and that he should make proclamation that no person should come to the election with arms or arrayed in warlike manner in disturbance of the said election and breach of the kings peace A memorable president of the Kings and Lords Jurisdiction even in point of elections In the Parliament of 23 H. 6. n. 41. The Commons petitioned the king that by the advice and assent of the Lords Spiritual and Temporal and at their special request it might be enacted that every Member of the Lords and Commons house who should have any assault or affray made upon him being at the Parliament or going to or coming from thence might have the like remedy at Sir Thomas Parr knight had given him in this Parliament to wit upon petition of the Commons in his behalf to the King and Lords being the same as was enacted in Chedders case 11 H. 6. c. 11. before Whereunto the king answered The Statutes therefore made shall be observed In the Parliament of 31 H. 6. rot parl n. 25 26 27 28. we have this memorable famous case touching privilege of Parliament in their very Speakers own case resolved by the Lords Thomas Thorp chief Baron was chosen Speaker of the Parliament after his election and before the Parliament which was prorogued sat he was arrested and taken in execution at the sute of the Duke of York whereupon some of the Commons were sent up by the House to the king and Lords spiritual and temporal sitting in Parliament desiring that they might enjoy all their ancient and accustomed privileges in being free from arrests and propounded the case of Thomas Thorp their Speaker to them desiring his inlargement whereupon the said Lords spiritual aad temporal not intending to hurt or impeach the privilege of the Commons but equally after the course of Law to administer Justice and to have knowledge what the Law will weigh in that behalf declared to the Justices the premises and asked of them whether the said Thomas ought to be delivered from prison by force and vertue of the said privilege of Parliament or not To the which question the chief Justices in the name of all the Justices aforesaid communication and mature deliberation had among them answered and said That they ought not to answer that question for it hath not been used aforetime that the Justices should in any wise determine the privilege of this high Court of Parliament for it is so high and mighty in his nature that it may make that Law which is not and that that is Law it may make no Law and the determination and knowledge of their privilege belongeth to the Lords of the Parliament and not to the Justices But as for declaration of proceedings in the lower Courts in such cases as writs of Supersedoas of Privilege of Parliament be brought and delivered the said chief Justice said that there be many and divers Supersedeas of privileges of Parliament brought into the Courts but there is no general Supersedeas brought to furcease all Processes for if there should be it should seem that this high Court of Parliament that ministreth all Justice and equity should let the process of the common Laws and so it should put the party plainant without remedy for so much as actions at Common Law be not determined in this high Court of Parliament And if any person that is a Member of this high Court of Parliament be arrested in such cases as be not for Treason or Felony or surety of the Peace or for condemnation before the Parliament it is used that all such persons should be released of all such arrests and make an Attorney so that they may have the freedom and Liberty freely to attend upon the Parliament After which answer and Declaration it was throughly agréed assented and concluded by the Lords Spiritual and Temporal that the said Thomas according to the Law should remain still in prison for the causes abovesaid the privilege of the Parliament or that the same Sir Thomas was Speaker of the Parliament notwithstanding And that the premises should be opened and declared to them that were comen for the Commons of this land and they should be charged and commanded in the kings name that they with all goodly hast and speed proceed to the election of another Speaker The which premiâ—es for as much as they were matters of Law by the commandement of the Lords were opened and declared to the Commons by the mouth of Walter Moyle one of the kings Sergeants at Law in the presence of the Bishop of Ely accompanyed with other Lords in notable number and there it was commanded and charged to the said Commons by the said Bishop of Ely in the kings name that they should proceed to the election of another Speaker with all goodly hast and speed so that the matters for which the king called this his Parliament might be proceeded in and this Parliament take good and effectual conclusion and end Whereupon the Commons accordingly elected Thomas Charlton knight for their Speaker the next day and acquainted the Lords therewith and desired the kings approbation of their choice which was accorded unto by the king by assent of the Lords Lo here 1. the Lords Spiritual and Temporal are the sole Judges of the privilege of the very Speaker of the House of Commons who is here adjudged to remain in execution notwithstanding their petition for his enlargement 2ly The whole House of Commons could not then send for nor yet enlarge their own Speaker when imprisoned
London by a Proces out of the Kings Bench at the sute of one White for the sum of two hundred marks or thereabouts wherein he was late afore condemned as a surety for the debt of one Welden of Salisbury which arrest being signified to Sir Thomas Moile knight then Speaker of the Parliament and to the knights and Burgesses there order was taken that the Serjeant of the Parliament called S. I. should forthwith repair to the Counter in Bredstreet whither the said Ferrers was carried there to demand delivery of the Prisoner Therupon the Serjeant as he had in charge went to the Counter and declared to the Clerks there what he had in commandment but they and other Officers of the City were so far from obeying the said commandment as after many stout words they forcibly resisted the said Serjeant whereof ensued a fray within the Counter Gates between the said Ferrers and the said Officers not without hurt of either part so that the said Serjeant was driven to defend himself with his mace of arms and had the Crown thereof broken by bearing off a stroke and his man stroken down During this brawl the Sherifs of London called Rowland Hill and H. Suckley came thither to whom the Serjeant complained of this injury and required of them the delivery of the said Burgesse as afore but they bearing with their Officers made little account either of his complaint or of his message rejecting the same contemptuously with much proud language so as the Serjeant was forced to return without the Prisoner and finding the Speaker and all the knights and Burgesses set in their places declared unto them the whole cause as it fell out who took the same in so ill part that they altogether of whom there were not a few as well of the Kings privy Counsel as also of his privy Chamber would sit no longer without their Burgess but rose up wholly and repaired to the Vpper House where the whole case was declared by the mouth of the Speaker before Sir T. Audeley knight then Lord Chancellor of England and all the Lords and Judges there assembled who judging the contempt to be very great referred the punishment thereof to the order of the Common house They returning to their places again upon new debate of the Case took order that their Serjeant should eftsoon repair to the Sherifs of London and require delivery of the said Burgess without any writ â— warrant had for the same but only as afore Albeit the Lord Chancellor offered there to grant a Writ which they of the Common House refused being of a clear opinion that all commandements and other acts proceeding from the neather House were to be done and executed by their Serjeant without Writ only by shew of his Mace which was his warrant But before the Serjeants return into London the Sherifs having intelligence how hainously the matter was taken became somewhat more mild so as upon the said second demand they delivered the Prisoner without any denial But the Serjeant having then further in commandment from those of the neather House charged the said Sherifs to appear personally on the morrow by 8 of the clock before the Speaker in the neather House and to bring thither the Clerks of the Counter and such other of their Officers as were parties to the said affray and in like manner to take into his custody the said White which wittingly procured the said arrest in contempt of the privilege of the Parliament which commandment being done by the said Serjeant accordingly on the morrow the two Sherifs with one of the Clerks of the Counter which was the chief occasion of the said affray together with the said White appeared in the Common House where the Speaker charging them with their contempt and misdemeanor aforesaid they were compelled to make immediate answer without being admitted to any counsell Albeit Sir Ro. Cholmley then Recorder of L. and other the Counsel of the City then present offered to speak in the cause which were all put to silence and none suffered to speak but the parties themselves whereupon in the conclusion the said Sherifs and the same White were committed to the Tower of London and the said Clerk which was the occasion of the fray to a place there called Little Base and the Officers of L. which did the arrest called Tailer with 4 Officers more to Newgate where they remained from the 28 until the 30 of March and then they were delivered not without humble sute made by the Mayor of L. and other their friends And forasmuch as the said Ferrers being in execution upon â— condemnation of debt and set aâ— large by privilege of Parliament was not by Law â—o be brought again into execution and so the party without remedy for his debt as well against him as his principal debtor after long â—ebate of the same by the space of 9 or 10 days together at last they resolved upon an Act of Parliament to be made and to revive the execution of the said debt against the said Welden which was principal debtor and to discharge the said Ferrers But before this came to passe the Commons House was divided upon the question but in conclusion the Act passed for the said Ferrers who won by 14 voices The King being then advertised of all this proceeding called immediately before him the Lord Chancellor of England and his Judges with the Speaker of the Parliament and other the gravest persons of the neather House to whom he declared his opinion to this effect First commending their wisdom in maintaining the privileges of the House which he would not have to be infringed in any point alleged that he being head of the Parliament and attending in his own person upon the business thereof ought in reason to have privilege for him and all his Servants attending there upon him So that if the said Ferrers had been no Burgesse but only his servant that in respect thereof he was to have the privilege as well as any other For I understand quoth he that you not only for your own persons but also for your necessary servants even to your Cooks and Horse-keepers enjoy the said privilege insomuch as my Lord Chancellor here present hath informed us that he being Speaker of the Parliament the Cook of the Temple was arrested in L. and in execution upon a Statute of the staple And forasmuch as the said Cook during the Parliament served the Speaker in that office he was taken out of execution by the privilege of the Parliament and further we be informed by our Judges that wee at no time stand so highly in our estate Royal as in the time of Parliament wherein we as Head and you as Members are conjoyned and knit together into one body politick so as whatsoever offence or injury during that time is offered to the meanest Member of the House is to be judged as done against our person and the whole Court of
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
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
rightfull Kings or their heirs or the Nobles and people of thâ—se Realm their possessions of the Crown being no expiation of their Treasons Regicides but an aggravation of them both in Law and Gospel account unable to secure their heads lives by their own Law and concession since the actual coronation unction and possession of the kings de Jure whom they murdered deposed against their Oaths allegeance duties could neither preserve their crowns persons nor lives from their violence and intrusion To omit he hanging up of Iohn of Leyden who crowned himself a king with his companions for Traytors at Munster An. 1535. with all antient domestick presidents of this kind among our British and Saxon kings it is very observable that in the Parliament of 1 E. 4. n. 17 18. Henry the 6. though king de facto together with his Queen Son Edward Prince of Wales the Duke of Somerset and sundry others were attainted of high Treason for killing Rich. Duke of York at Wakefield being only king de jure and declared heir and successor to the Crown after King Henry his death in the Pâ—rliament of 39 H. 6. n. 18. though never crowned and not to enjoy the possession of it during the reign of King Henry yet Henry the 6. his murder after his deposition was never inquired after though king de facto for sundry years and that by descent from 2. usurping ancestors nor yet reputed Treason After this king Richard the 3d. usurping the Crown and enjoying it as king de facto for 2. years 2. moneths and one day was yet slain in Bosworth field as an usurping bloudy Traytor stript naked to the skin without so much as a clout to cover his privy members all sprinkled over with mire and bloud then trussed like a Hogg or Calf behind a pursuivant and ignobly buried Sir William Catesby a Lawyer one of his Chief Counsellors with divers others were two dayes after beheaded at Leicester as Traytors notwithstanding he was king de facto and no doubt had not king Richard been slain in the field but taken alive he had been beheaded for a Traytor as well as his adherents being the principal Malefactor and they but his instruments So that his kingship and actual possession of the Crown by intrusion did neither secure himself nor his adherents from the guilt or punishment of High Treason nor yet the Act of Parliament which declared him true and lawfull King as well by inheritance and descent as election it being made by a packed Parliament of his own summoning and ratified only by his own royal assent which was so far from justifying that it did make his Treason more heinous in Gods and mens esteem it being a framing of mischief and acting Treason by a Law Psal 94.20 21. which God so much abhors that the Psalmist thence infers v. 23. And the Lord shall bring upon them their own iniquity and shall cut them off in their own wickedness yea the Lord our God shall cut them off as he did this Arch bloudy Traytor and his Complices though king de facto by a Law 9ly Since the Statute of 11 H. 7. c. 1. some clauses whereof making void any Act or Acts of future Parliaments and Legal process against it are meerly void unreasonable and nugatory as Sir Cook himself affirms of Statutes of the like nature there have been memorable Presidents Judgements in point against his and others false glosses on it in favour of Usurpers though King or Queen de facto and their Adherents against the lawfull Queen and heir to the Crown which I admire Sir Edward Cooke and other Grandees of the Law forgot or never took notice of though so late and memorable King Edward the 6. being sick and like to dye taking notice that his Sister Queen Mary was an obstinate Papist very likely to extirpate the Protestant Religion destroy that Reformation which he had established and usher in the Pope and Popery which he had totally abandoned by advice of his Council instituted and declared by his last will in writing and Charter under the Great Seal of England the Lady Jane of the bloud royal eldest Neice to King Henry the 8. a virtuous Lady and zealous Protestant without her privity or seeking to be his heir and Successor to the Crown immediately after his death for the better confirmation whereof all the Lords of his Privy Council most of the Bishops Great Officers Dukes Earls Nobles of the Realm all his Judges and Barons exept Hales the Serjeants and great Lawyers with the Mayor and Aldermen of London subscribed their Names and gave their full and free assents thereto wherupon immediately after King Edwards death July 9. 1553. Iane was publikely proclamed Qu. of this Realm with sound of trumpet by the Lords of the Council Bishops Judges Lord Mayor and Aldermen of London So as now she was a Queen de facto backed with a very colourable Title from King Edward himself his Council Nobles Judges and the other subscribers to it being likewise eldest Neece to King Henry the 8. of the bloud-royal For defence of her person and Title when proclamed Queen and to suppress Mary the right heir the Council speedily raised a great power of 8000 foot and 2000 horse of which the Duke of Suffolk was first made General being her Father but soon after the Duke of Northmberland by Commission from the whole Council in Queen Janes Name who marched with them to Cambridge and from thence to St. Edmunds Bury against the Lady Mary Queen only de jure not de facto But many of the Nobles and the generality of the people inclining to Queen Mary the right heir and resorting to her ayd to Fotheringham Castle thereupon the Council at London repenting their former doings to provide for their own safety on the 20. of June 1553. proclamed Mary Queen and the Duke of Northumberland hearing of it did the like in his Army who thereupon deserted him From which sodain alteration the Author of Rerum AnglicanaruÌ„ Annales printed Lond. 1616. l. 3. p. 106. hath this memorable observation Tali tamen constanti veneratione nos Angli legitimos Reges prosequimur ut ab eorum debito obsequio nullis fucis aut coloribus imo ne Religionis quidem obtentu nos divelli patiamur cujus rei Janae hic casus indicium poterit esse plane memorabile Quamvis enim Dominationis illius fundamenta validissima jacta fuissent cui et summa arte superstructum est quam primum tamen Regni vera et indubitata haeres se Civibus ostendit omnis haec accurata structura concidit illico quasi in ictu oculi dissipata est idque eorum praecipue opera quorum propter Religionis causam propensissimus favor Janae adfuturus sperabatur c. All the Martyrs Protestant Bishops and Ministers imprisoned and burnt by her humbly requiring and in the bowels of our Lord Jesus
l. 1. p. 7. †31 H. 6. c. 1. 39 H. 6. c. 1. (e) In Eutropium l. 1 p. 67. (f) Nubtigensis l. 4. c. 14. (g) See Walsingham Holinshed Speed Stowes Survey of London Trussel Grafton (h) Sleidens Comment l. 7.11 Munsteri Cosmogr l. 3. c. 142. David Chyrraeus Chron. Saxoniae l. 12 13 14. (i) See the Animadversions on the Welsh Remonstrance and answer to Killing no Murder * As at first propounded voted and urged at several conferences See their Declarations and Papers of Feb. and March 17 and 19 1648. (l) Polydor Virgil Speed Holinshed in Anno 1216. See here p. 165. Iudge Dodderidge Mr. Agar Mr. Cambden Joseph Holland in their Treatises of the Antiquity of the Parliaments of England p. 18 19 20 40. 85 87. Sir Walter Raleigh his Prerogative of the Parliaments of England p. 2 3. The Freeholders Grand Inquest p. 13 14. (m) 4 Institutes p. 12. * See Walsingham Hist Angl. Anno 1 H. 4. p. 402. DOMINI in praesenti Parliamento Regis ASSENSU IUDICANT DECERNUNT c. ulterius DOMINI TEMPORALES REGIS ASSENSU IUDICANT DECERNUNT c. (n) Exact Collection p. 321. * Here p. 147. to 161. (2) 1 Instit f. 9 b. 10 b. See 4 Instit p. 6 7. 44 45 46. (3) Seldens Titles of Honor p. 745 746 747 748 749. (4) See my 1. Table to an Exact abridgment c the writs of summons in that abridgement (5) An Exact abridgement p. 549 558 633 636 637 639 640 640. 645 648 649 655 660 661 668. * An Exact abridgement p. 637. Seldens Titles of Honor p. 745. (6) Fitz. N. Brev. f. 165. e. †Num. 16.22 c. 27.16 * Luke 19.42 * Walsingh Trussel Hall Fabian Holinshed Grafton Speed Baker Stow and others * Gal. 3.1 c. 4.15 †Hab. 1.6 9 10 †Ezech. 2.3 to 9. * Nihil est veritatis luce dulcius Cicero Ac. Quaest l. 3. †Prov. 28.23 (c) Deut. 10.17 Psal 136.3 1 Tim. 6.15 Rev. 17.14 c. 19.8 (d) Deut. 31.4 Psal 31.5 Ier. 5.3 Isay 56.24 15. (a) A Remonstrance of many thousand Citizens to their own House of Commons p. 6. The just mans Justification p. 10. Regal Tyranny Discovered A Declaration from his Excellency the General Councel of the Army Jan. 11. 1647. p. 7. Speeches c. at a Conference newly published by Walker printed verbatim out of Dolman the Jesuit his Book condemned formerly as treasonable (b) Regal Tyranny discovered Lilburns Just Man in Bonds p. 1 2. A Pearl in a Dunghil The Free-mans Freedom vindicated An Anatomy of the Lords Tyranny his Argument and Plea before the Committee against the Lords Authority his Petition to the Commons his Letters to Henry Martin Overtons Arrow of Defiance shot into the Prerogative Bowels of the House of Lords his Petition and Appeal A Defiance against Arbitrary Vsurpation The Agreement of the People and Petitions wherein it was presented to the House of Commons An Alarum to the House of Lords See M. Edwards Gangraena part 3. p. 192. to 204. (c) Overtons Petition and Appeal to the High and Mighty States the Knights and Burgesses in Parliament assembled Englands legal Soveraign Power The Remonstrance of many thousands to their own House of Commons A printed Petition now in agitation of many Free-born people to the only Supreme Power of this Realm the Commons in Parliament assembled The Anatomy of the Lords Tyranny An Alarum to the House of Lords See M. Edwards Gangraena part 3. p. 154. to 204. * See M. Edwards Gangraena part 3. where this is fully demonstrated (d) Lilburns Letter to a friend Innocency Truth justified and his late Letters to Cromwell H. Martin Sir Thomas Fairfax and others Englands Birthright Englands lamentable Slavery Another word to the wise Comparata Comparandis Liberty against Slavery The Arraignment of Persecution The Ordinance against Tithes unmounted See M. Edwards Gangraena part 3. p. 109. to 204. (e) See the several Remonstrances from his Excellency and the Army from June til December last 1647. and since in November and January 1648. The Agreement of the people the grand Design Putney Projects (f) Overtons Defiance against all arbitrary usurpation of the House of Lords p. 5 6 15 17 18. his Arrow against all Tyrants p. 6.10 11 12. and others forecited a. b. * See my Historical Collection of the antient Parliaments and Great Councils of England (g) Epist to his 9. Report Institutes on Littleton p. 110.4 Instit c. 1. (h) M. Seldens Titles of Honour part 2. ch 5. where this is abundantly manifested Spelmanni Concil Tom. 1. Truth triumphing over Falshood Antiquity over Novelty p. 36 c. The Freeholders Grand Inquest p. 4. to 20. * See 1 Chro. 19.3 2 Chron 12. c. 6. c. 24.17 c. 32.3 Num. 10.4 Josh 9.15 c. c. 17.4 Num. 32.2 c. 21. (i) See M. Seldens Titles of Honour p. 2. ch 5. 14 E. 3. n. 35. 9 R. 2. n. 16. 20 R. 2. n. 16. 20 R 2. n. 80. 1 H. 4. n. 81. Cooks 3. Instit f. 9.16 with many more (k) 5 R. 2. Star 2. c. 4. 31 H. 8. c. 10. (l) See Litt. c. 10. Sect. 162 164. Cook Ibidem 49 Ass 8. (m) Cook 4. Instit c. 1. Cromptons Jurisdiction of Courts c. 1. * 1 R. 2. c. 4. 8 H. 4. c. 14. 8 H. 5. c. 7. 32 H. 6. c. 15. 1 H. 5. c. 3. ◠1 H. 7.12 2 H. 7.3 2. 5 H. 7. 9 H. 7. 12. 14 H. 6.12 7 E. 4.14 15 E. 15. Cook 1. Instit 250. a. Brook Tit. Parliament Corporations * Psal 47.2 6 7. Ps 95.3 Psal 98.6 Psal 103.19 (n) Exod. 3. 4. 7. (o) Deut. 3 28. Num. 27.16 to 23. Deut. 31.3 to 9.14.23 c. 34 9. Iosh 1. (p) Neh. c. 2. c. (q) 1 Sam. 9.16 c. 10.1.21 Acts 13.21 (r) Psal 78.70 71 72. 1 Sam. 16.2 Sam. 7 8. Acts 13.22 (ſ) 1 Chron. 23.1 c. 28.5 6. 2 Chr. 1.8 (t) 2 Chron. 14.1 c. 17.1 c. 28.27 c. 29. 1. Acts 13.20 21 22. * 2 Sam. 7.12 Psal 132.11 12. 2 Sam. 10.1 1 Kings 14 20.35 c. 15.8.24 c. 16.6.28 c. 22.40 2. Kings 1.17 c. 3.27 c. 8.24 c. 10.35 c. 12.21 c. 13.3.24 c. 14.16.29 c. 15 7.22.38 c. 16.20 c. 19.37 c. 20.21 c. 21.26 c. 24.6 1 Chron. 29.28 2 Chron. 12.16 c. 14.1 c. 17.1 c. 21.1 c. 22.1 c. 23.3 c. 24.27 c. 1.23 c. 27.9 c. 28.27 c. 32.33 c. 33.20.25 c. 36. 1 Jer. 22.11 Isay 19.11 c. 37.38 Matth. 2.2 (v) Num. 11.16 17 24 25 26 27. (x) 1 Chron. 18.15.16 17 c. 26.29 30 31 32. c. 27. c. 28 1. Exod. 18.25 26. 2 Chron. 19.5 to 7. * Iudg. 3.9.15 c. 2.16 Acts 13.20 Num. 27.15 to 23. Exod. 18.25 26. Num. 1.4 to 18. 1 Sam. 8.1 1 Chron. 26.30 32. 2 Chr. 19.5 to the end (y] Gen. 40.40 41 c. Exod. 18.25 Psal 105.21 Acts 8.10 (z) Esther 8. 10 [a] Dan. 2.48 49. [b]
* Exact Collection p. 846. * Exact Collection p. 13 19 528. * Exact Collection p. 213.276 277.268 269.278 279 280.250.360.364 365.377.455.461.494.498.526 528.531 533 544.502.546 547.548 550 551.557.560 561 562.578.321 322 323. A Collection of Ordinances p. 110 111.205 227.879 * A Collection of Ordinances p. 877 878. Nota. (c) See Innocency and truth justified p. 74 75. Mr. Edwards Gangraena part 3. p. 156.157 where his words contradictions in this kind are recited at large * He did not then demur to their jurisdiction * Nota. (d) His Letter to a friend Innocency and truth justified Hâ—s Letters to the General Hen. Martin and L. G. Cromwel Englands Birthright See Mr. Edw. Gangraena part 3. p. 146. to 228. * The same he asserts in his Letter to the Speaker June 8. 1648. And that the Commons then sitting without the King and Lords were no Parliament at all and could make no Acts c. See there p. 26. to 59. where he largely proves it * Seldens Titles of Honour part 2. ch 5. p. 663 665.747 748 171 763 751 757. * Rot. Claus 6 E. 3. in 4 Dors * Claus An. 6 E. 3. part 2. m. 36. dors * Mat. Paris p. 359.625.626 Nota. * See their Agreement of the people (c) Mr. Seldens Titles of honour part 2. ch 5. Sir Edward Cooks Epistle to the 9 Report and 1 Instit p. 110. 4 Instit p. 2. Cambdens Bâ—it p. 177. Spelmanni Concil Tom. 1. My Truth triumphing over Falshood p. 56 to 70. Stat. de 4 E. 1. e. 2. Lambards Archaion * 1 E. 3. n. 36.55 56. 45 E. 3. n. 15 16. 50 E. 3. n. 10. to 14. 1 R. 2. n. 18. to 27.47.50 51 112 113. 17 R. 2. c. 1 2. 13 R. 2. n. 6 7. 17 R 2. n. 17 18. 8 H. 4. n. 31. to 92. 11 H. 4. n. 24.28 39 44. 13 H. 4. n. 11. (f) See the Soveraign power of Parliaments part 1.2 * 25 E. 3. rot Ordinat n. 1 2 28. E. 3. n. 1. 50. E. 3. n. 151 163.167.110 R. n. 68. Exact Collection p. 13.19 †See the Abridgement of the Records of the Tower p. 51.88 * See the Abridgment of the Records in the Tower p. 10.79.116.120.145.155.175.196.282.287 288.299.303.353.361 * See the Freeholders Grand Inquest †Sir Edwâ— Cooks 4 Instit p. 1. (g) See Mat. Paris Mat. Westminster Walsingham Huntingdon Holinshed Polychronicon Caxton Grimston Stow Speed Trussel Baker Martin Daniel How and the Soveraign Power of Parliaments and Kingdoms part 1 2 3.10 R. 2. c. 1 2. 11 R. 2. c. 1. to 7. 21 〈…〉 13. 1 H. 4. c. 2. for proof hereof * Mat. Paris Historiar Angl. Tigur 1588. p. 52 53 54. * Mr. Tate Mr. Ager others * Historia Angl. p. 53. †Chronicon col 1201 1202. See Holinshed and Speed * or Legem * De Gestis Regum l. 5. p. 156. * De Gestis Regum Angliae col 225 226. * Col. 997. * Richardus Prior Hagustaldensis de Gestis Regis Stephani col 314 315. Mat. Paris p. 71. Roger de Hoveden Annal pars prior p. 482. Hen. Huntindon Hist l. 8. p. 386 387. Fabian Holinshed Speed Grafton Anno 1136. Polychronicon l. 7. c. 18. Hen. de Knyghton de Eventibus Angliae l. 2. c. 9 10. * Mat. West Mat. Paris Hist Angl. p. 232. to 282 Daniel p. 140. to 144. Speed p. 558. to 567. Holinshed Grafton Fabian and others * Mat. Paris p. 247 248. liber Rep. in Scac. f. 234 235 * Mat. Paris p. 305. Mat. Westm An. 1223. p. 113. See Daniel Holinshed Speed Grafton †Mat. Paris p. 305 306. Mat. West p. 114. †Mat. Paris p. 308. Mat. West p. 117. * Mat. Paris p. 311. Mat. West p. 118. * Mat. Paris p. 354 355. * Mat. Paris p. 359. Mat. Westm p. 133. * Mat. Paris p. 420 421.430 Mat. Westm p. 143 144. * Mat Paris p. 505.506 Mat. Westm An. 1240. * Mat. Paris p. 561 562 563. Matth. Westm p. 165. Mat. Paris p. 451. * Mat. Paris p. 567 * Matâ— Paris p. 619 620 621 624. * Mat. Paris p. 631. †Mat. Paris p. 718 719. Mat. West Anno 1248. p. 227.233 †Mat. Paris p. 732. Mat. Westm p. 233 234. * Mat. Paris p. 821 to 828. Mat. Westm p. 252. * May we not make the self-same demand and appeal now * Mat. Paris p. 838 839. Mat. Westm p. 254. * Walsingham Ypodig Neustr p. 61. †Mat. Paris p. 839. * Mat. Paris p. 858 859. Mat. Westm p. 261. * Fitzh Nat. Brevium f. 75. a. * Mat. Paris p. 876. Mat. West p. 271. * Mat. Paris p. 878. Mat. Paris p. 171. Walsingham Ypodig p. 61 * Mat. Westm p. 272. * Mat. Paris p. 884 885. Nota. * Mat. Paris p. 891 892 895. Mat. Westm p. 275. * Mat. Paris p. 935 938. Mat. Westm 277. * Mat. Paris p. 940 941. Nota. * Rishanger Continuatio Mat. Paris p. 960 961. * Tho. Walsingham Hist Angliae p. 35 37 38. Ypodigmae Neustriae p. 84.85 86. * Dicentes a Conscientia sua non emanasse sine quorum assensu Tallagium non debet exigi vel imponi Mat. Westm An. 1297. p. 410. * Walsingham Hist Angl. p. 42.44 Cook 2. Iustir p. 537. Ypodigmae Neustriae p. 87. Mat. West An. 1299. p. 415 416. * Walsingham Hist Angl. p. 48. Ypodigmae Neustriae p. 88. (i) Hist Angl. p. 233. * Maâ— West Flores Hist An. 445. p. 151. * Chronicon Willielmi Thorn col 1786. Antiqu. Eccles Brit. p. 89 90. Cambdens Britannia p. 325. Godwins Catalogue of Bishops p. 28. Speeds History p. 437 438. Sir John Heywood in Will 1. Lambard his Perambulation of Kent * Gul. Nubâ—igensis Rerum Angl. l. 1. c. 1. Chronicon Johannis Bromton col 982. Antiqu. Eccles Brit. p. 89. * Mat. Paris Mat. Westm Wigorniensis Huntindon Hoveden Chronicon Willielmi Thorn col 1787. Hen. de Knyghton de Eventibus Angliae l. 2. c. 8. Antiq. Ecclesiae Brit. Godwin in Stigands life * Rerum Angliae Hist l. 1. c. 1. p. 4. * Mat. Paris p. 944. (k) In his Continuation of Mat. Paris p. 968. Daniel p. 178. (l) Walsingkam Holinsh Daniel Speed Stow Grafton Fabian Baker in Ed. 2. (n) Walsingham Trussle Fabian Holinshed Grafton Speed Stow. in R 2. * Chronica Joh. Brompt col 999. Sir John Davis his Irish Reports f. 90. Usserius de Statu successione Ecclesiae p. 127. Cooks 2 Institut p. 97. †Mat. Paris Hist Angl. p. 137. Gervasii Chron. col 1474. Radulphus de Diceto Imagines Histor col 626. * Mat. Westm An. 1185. p. 58. * Mat. Paris p. 254 to 276. * Pag. 258. * Pag. 267 268. * Mat. Paris p. 268. * Mat. Paris p. 349 350. Nota. Mat. Paris p. 495 496. †Mat. Paris p. 505. †Par. 20 H. 3. â—or 13. Claus 20 H. 3. m. 2. †2 Inst p. 79. * Mat. Paris p. 623 624 625. Mat. Westm p. 177. *
though amiable delightfull in themselves and gratefull to all true Philopaters Philologers and learâ—ed Nobles Statesmen Lawyers Scholars in this degenerous age wherein all sorts of Learning and insight in Records or Parliamentary Antiquities are very much decayed will yet be very displeasing to some sorts of ignorant heady extravagant persons who love darkness more than light because their deeds are evil but more especially to the Anabaptistical Levellers Lilburnians innovating Publicans and Republicans much like the Chaldeans of old a bitter and hasty Nation lately marching through the breâ—th of the Land to possesâ— the dwelling places that are not theirs they are terrible and dreadfull their judgement and dignity proceedeth of themselves they are all for violence they scoff at KINGS AND PRINCES ARE A SCORN UNTO THEM as appears by their late Votes Declarations Engagements not only against Kings and Kingship but the whole House of Lords and to â—lliterate self-conceited Lawyers and ignorant Members of the Commons House who deem that House and its Committees if not every Member of it the only Supream Judges and Judicature of the Realm paramount our Kings Lords Laws Liberties Great Charters and all other Courts of Justice having an absolute arbitrary unlimited power to act vote and determine what they please without appeal or consult which this Plea irrefragably disproves as a most gross and dangerous mistake for which they will frown upon it if not â—ate and prosecute me as their Enemy But the Sun must not cease from shining because weak and sore Eyes will be offended with its splendor nor seasonable truths of most publike concernment be concealed smothered in time of greatest need because ignorant erronious sottish â—air-braind Levellers or Innovator will be displeased with and storm against them they being always Sweet and lovely in themselves yea precious to the best of men and will prove victorious in conclusion though clouded suppressed maligned for the preâ—ent yea he who by the publication of such truths rebukes wise ingenuous mens extravagant actions and opinions for the present shall afterwards find more favour with them when they come to know themselves and their mistakes by meditating on the truths revealed to them heâ— he that flattereth them with his lips in their exorbitant actions or erronious opinions I shall therefore recommend this Plea for the Lords and all the truths therein discovered asserted to the omnipotent â—rotection and effectual blessing both of THE LORD OF LORDS and GOD OF TRUTH whose Eyes are upon the TRUTH in this sad age of Errors Falshoods Lies Fraud and desperate Hypocrisie wherein truth is fallen in the Streets and he that dares boldly assert it is reputed mad and maketh himself a prey And shall leave it as a lasting monument to posterity of my Cordial affection to the antient Parliamentary proceedings Lords Peers Laws Liberties Properties Great Charters of the English Nation and my sincere endeavours to plead their cause in the worst of times against all their Antagonists and professed Enemies though never so numerous and formidable albeit to my own private prejudice Whatever the Reader shall find wanting in this Plea relating to the Constitution Summons Proceedings of our antient English Parliaments in general or to the power Judicature Rights privileges transactions of our Kings Lords or House of Com. in Parl. in particular you may read at leisure in my Preface and Tables to An Exact Abridgement of the Records in the Tower of London from the reign of King Edward the 2. to Richard the 3. and in the Abridgement it self collected by that famous Antiquarie Sir Robert Cotton lately published which will better instruct the Readers in all Parliamentary affairs than all the slight unsatisfactory Treatises of our Parliaments hitherto published except this Plea which I humbly submit to the friendly Imbrace and impartial Censure of every Judicious Reader especially of my own profession for whom it is most proper whose general ignorance and mistakes in Parliament Antiquities proceedings and matters of the Crown hath brought some disparagement upon the function and led others into dangerous publike Errors which that this Plea may wipe off and rectifie hereafter for the common benefit ease settlement re-establishment of our late dissipated Parliaments and confused distracted Nations shall be the Vote and dayly prayer of Thy unfeigned Friend and his Countries publike unmercenary Servant WILLIAM PRYNNE Lincolns-Inne 6 Decemb. 1657. A Plea for the LORDS AND HOUSE of PEERS OR A short yet full and necessary Vindication of the Judiciary and Legislative Power of the House of Peers and the Hereditary just Right of the Lords and Barons of this Realm to sit vote judge in the high Court of Parliament THe treasonable destructive design of divers dangerous Anabaptists Levellers Agitators in the Army City Countrey and of Lilburn Overton their Champions Ring-leaders in this Seditious Plot to dethrone the King unlord the Lords new-model the House of Commons extirpate Monarchâ— suppress the House of Peers and subvert Parliaments the only obstacles to their pretended Polarchy Anarchy are now so legible in their many late printed Petitions Lâ—bels Pamphlets so visible in their actings and publike proceedings that it rather requires our diligence and expedition to prevent than hesitancy to doubt or dispute them they positively protesting against yea denying both King and Monarchy in their late printed Pamphlets Remonstrances with the Power Judicature of the House of Peers and their undoubted just Hereditary right to vote act or sit in Parliament because they are not elecâ—ed by the people as Knights and Burgesses are asserting That they are no natural issues of our Laws but the Exorbitances and Mushromes of Prerogative the Wenns of just Government the Sons of Conquest and usurpation not of choice and election intruded upon us by power not made by the people from whom ALL POWER PLACE and OFFICE that is just in this Kingdom OUGHT TO ARISE meer arbitrary Tyrants Vsurpers an illegitimate and illegal power and Judicatory who act and Vote in our affairs but as INTRUDERS who ought of right not to judge censure or imprison any Commoner of England even for libelling against them refusing to appear before them reviling and contemning them and their Authority to their faces at their very Barr as Lilburn Overton boast and print they did or breaking any of their undoubted Privileges To accomplish this their design the better they endeavour by their most impudent flattery to ingage the House of Commons against the House of Peers the better to pull them down stiling and proclaming the Commons in their Petitions and Pamphlets The ONLY Supreme legal Judicatory of the Land who ought BY RIGHT to judge the Lords and their proceedings from whom they appeal for right and reparations against the House of Peers affirming That in the Commons House alone resides the formal and legal Supreme Power of England who ONLY are chosen by the People and THEREFORE IN THEM ONLY
over-execrable exactions of the Pope and the manifold exactions of his Legates and of certain men exercising an unheard of power were contained wherwith 6 Noble and discreet men elected by the Parliament and universality were sent to the Council of Lyons gravem super his SUPER EXACTIONE TRIBUTI IN QUOD NUNQUAM CONSENSIT REGNI UNIVERSITAS coram Concilio querimoniam reposituri et talium releuamen onerum importabilium Regno Angliae miserecorditer impendi rogaturi The Proxiâ—s of the Parliament and universality of England arriving at the Council of Lyons by William de Poweric their Proctor propounded their grievances complaining That in time of War a Tribute was injuriously extorted by the Court of Rome Quod nunquam Patres Nobilium Regni vel ipsi consenserunt nec consentiunt neque in futurum consentient unae sibi petunt exhiberi justit am cum remedio Ad quod Papa there present nec oculos elevans nec vocem verbum non respondit Thomas of Walsingham adds That the Messengers sent to the Council by the king de Consilio Praelatorum Comitum Baronum were purposely sent ut concessioni Regis Johannis de censu annuo pro Anglia Hibernia contradicerent eo quod de Regni assensu non processerat Sed et per Archiepiscopum Câ—ntuariensem fuerat reclamatum vice totius Regni Sed Papa hoc indigere morosa deliberatione respondens negotium posuit in suspenso This detestable Charter of King John being burnt amongst his writings in this Council as was reported in the Popes own Chamber there casually set on fire After w ch Poweric delivered to the Council the foresaid to the Pope concerning the manifold extortions innovations oppressions of the Church of Rome exercised in England there recorded at large and worthy perusal The close of which Epistle of all the Barons is this That although the King being a Catholike Prince c. would continue in the obedience of the See and Church of Rome and seek the increase of her honour and profit jure tamen Regio dignitateque Regia plenius conservatis Nos tamen qui in negotiis suis porâ—amus pondus dierum et aestum et quibus una cum ipso Domino Rege intendere conservationi Regni diligenter incumbi dictas oppressiones Deo et hominibus detestabiles gravamina nobis in oleribiliâ— non possumus aequanimiter tolerare nec per Dei gratiam amplius tolerabimus Placeat igitur Paternitati vestrae hanc â—upoâ—icationem nostram taliter exaudire quod a Magnatibus et universitate Regni Angliae tanquam a filiis in Christo chatissimis speciaâ—es gratias debeatis merito reportare The Pope refusing to give any answer or redress thereunto at last through their importunity be granted divers privileges to the Churches Prelates and Nation of England tenâ—ing towards a reformation of their grievances but yet contrary thereunto increased their grievances instead of redressing them whereupon Anno Dom. 1246. the 30 of Henry the 3. by the Nobles sollicitation Medio quadragessimae edicto Regio convocato convenit ad Parliamentum generalissimum totius Regni Anglicani totalis Nobilitas Londini videlicet Praelatorum tam Abbatuum et Priorum quam Episcoporum Comitum quoque Baronum without any Knights Citizens or Burgesses chosen by the people to represent them in it ut de statu Regni jam vaci lantis efficaciter prout exigit urgens necessitas contractarent Angebat enim eos gravamen intollerale a Curla Romana incessanter illatum quod non poterant sine Nota desidiae et imminenâ—e ruina tolerare quod Papa promissionis suae transgressor gravius quam ante eorum querimoniam manum diatim exasperans aggravabat et hoc quasi per contemptum c. These Grievances they drew up into 7. Articles which were read in and approved by the Parliament this being the tenor of them Gravatur regnum Angliae ex eo quod Dominus Papa non est contentus subsidio illo quod vocatur Denarius beati Petri sed à toto Clero Angliae gravem extorquet contributionem adhuc multa graviora nititur extorquere hoc facit sine domini Regis assensu vel consensu contra antiquas Consuetudines Libertates et regni jura et contra appellationem et contradictionem Procuratorum Regis Regni in generali Concilio factam Item gravatur Ecclesia et Regnum eo quod Patroni eccleâ—iarum ad eas cum vacaverint clericos idoneos praesentare non â—ossunt prout Dominus Papa eis per literas suas concessit sed â—onferuntur Ecclesiae Romanis qui penitus idioma regni ignorant in periculum animarum et extra Regnum pecuniam asportant illud ultra modum depauperando Item gravatur in Provisionibus à Domino Papa factis in pensionibus exigendis contra literarum suarum tenorem in quibus continetur quod ex omnibus retentionibus factis in Anglia non intendebat conferre nisi 12 beneficia post praedictarum literarum confectionem sed credimus multa plura Beneficia ab eodem postea esse collata et provisiones factas Item gravatur quod Italicus Italico succedit et quod Anglici extra Regnum in causis auctoritate Apostolica trahuntur contra Regni consuetudines contra jura scripta eo quod inter inimicos convenire non debent contra Indulgentias à praedecessoribus domini Papae Regi regno Angliae concessas Item gravatur ex multiplici adventu illius infamis nuncii NON OBSTANTE per quem Juramenti religio consuetudines antiquae Scripturarum vigor concessionum auctoritas statuta jura et privilegia debilitantur et evanescuut quod infiniti de regno Angliae oppressi sunt graviter afflicti nec se Dominus Papa versus Regnum Angliae in plenitudine suae potestatis revocanda curialiter ita vel moderate gerit prout Procuratoribus Regni ore tenus dederat in promissis Item gravatur in tallagiis generalibus collectis et assisis sine Regis assensu et voluntate factis contra appellationem et contradictionem Procuratorum Regis Universitatis Angliae Item gravatur eo quod in beneficiis Italicorum nec jura nec pauperum sustentatio nec hospitalitas nec divini verbi praedicatio nec ecclesiarum utilis ornatus nec animarum cura nec in ecclesiis divina sunt obsequia prout decet et moris est patriae sed in aedificiis suis parietes cum tectis corruunt et penitus lacerantur Upon the reading of these Articles all and every one agreed to send both solemn Letters and Messengers to the Pope and humbly to intreat him to remove these intollerable Grievances and yoaks of bondage all the Abbots and Priors by themselves the Bishops by themselves the King by himself and all the Earls and Barons by themselves in their own names and of the whole Clergy and people of England writing several Letters to the Pope for
this end â—ecorded in Matthew Paris that of the Lords being very memorable I shall here insert Sanctissimo Patri c. Devoti filii Comes Cornubiae R. S. de Monte Forti Comes Legrecestriae H. de Boun Comes Herefordiae Essexiae R. de Bigod Comes Norfolciae R. Comes Gloverniae Herefordiae R. Comes Wintoniae W. Comes Albemarliae Comes Oxoniensis alii totius Angliae Barones Proceres et Magnates ac Nobiles portuum maris habitatores necnon et Clerus et Populus universus salutem debitam tanto Pontifici in omnibus reverentiam Sic mater ecclesia tenetur filios suos confovere ipsos sub alas suas congregando ut filii sui non degenerent in obsequio matris suae sed pro matre si necesse fuerit manum suam mittant ad fortia arma et scutum assumentes pro defensione sua cuilibet discrimini se opponat de cujus uberibus lac sugunt consolationis et ad ipsius dependent ubera pietatis Mater enim filiorum uteri sui debet reminisci ne si secus fiat lactis pabulum subtrahendo videatur novercari Pater etiam à filiis suam subtrahens pietatem non Pater sed vitricus merito debet appellari cum filios naturales spurios deputat aut privignos Idcirco Pater reverende currus Israel et auriga ejus ad asylum vestrae pietatis recurrimus confidenter clamantes post vos Implorantes etiam humiâ—iter et devote quatenus ob spem retributionis divinae voces clamantium post vos dignemini misericorditer exaudire gravaminibus injuriis et oppressionibus regno Angliae domino nostro Regi multipliciter impositis ac illatis velitis salubre remedium adhibere Alioquin necesse est ut veniant scandala clamore populi tam Dominum Regem quam nos intollerabiliter impellente Quoniam nisi de gravaminibus domino Regi regno illatis Rex regnum citius liberentur Oportebit nos ponere murum pro domo Domini et Libertate regni Quod quidem ob Apostolicae sedis reverentiam hucusque facere distulimus nec ultra reditum nunciorum nostrorum qui propter hoc ad redem Apostolicam mittentur Dissimulare pocerimus quia regni Angliae tam Clero quam Populo qui talia nullatenus sustinebunt pro viribus nostris subveniamus Et nisi citius praedicta per vos corrigantur pro certo teneat Sanctitas vestra quod non immerito teneri potest quod tam Ecclesiae Romanae quam Domino regi tale periculum immanebit quod eidem remedium quod absit de facile non poterit adhiberi The King in the mean time by the Lords advice sent this Prohibition to the Clergy not to pay any Tax or Tallage to the Pope H. Dei gratia c. Venerabili in Christo tali Episcopo salutem Licet aliâs vobis scripserimus semel secundo tertio tam per literas nostras clausas quam patentes ne ad opus domini Papae vel alterius tallagium aliquod vel auxilium exigeritis à viris Religiosis clericis vel laicis cum nullum hujusmodi tallagium vel auxilium exigi possit vel consueverit sine magno praejudicio Regiae dignitatis quod nullo modo poterimus aut volumus sustinere Vos tamen mandatum nostrorum in hac parte coâ—emnentes contra provisionem per Magnates nostros tam Praelatos quam Comites et Barones factam in Concilio nostro Londoniensi concessam exactionem faciatis memoratam super quo miramur plurimum movemur praesertim cum facto vestro proprio non erubescitis contraire cum vos alii Praelati in praedicto Concilio communiter concesseritis quod nihil de exactione hujusmodi faceretis donec nuncii nostri vestri necnon aliorum Magnatum nostrorum totius universitatis regni nostri à curia Romana redirent qui pro liberatione oppressionum ad curiam illam sicut nostis fuerant specialiter destinati Vobis igitur mandatis inculcatis mandamus injungentes firmius districtius inhibentes ne ad exactionem praedicti tallagii vel auxilii faciendam aliquatenus procedatis sicut gaudere desideratis Baronia vestra possessionibus vestris quas in regno nostro tenetis Et si quid inde cepistis extra regnum nostrum asportari nullatenus permittatis sed illud salvo custodiri faciatis usque ad reditum nunciorum praedictorum indubitanter scituri quod si secus egeritis nos ad possessiones vestras manum gravaminis ultra quam credere velitis extendemus Hanc autem inhibitionem vobis in jungimus faciendam Archidiaconis officialibus vestris quam quidem pro libertate cleri populi facimus novit Deus c. The Messengers sent with these Letters to the Court of Rome returning thence thereupon the same year Die translationis beati Thomae Martyris habitum est MAGNUM CONCILIUM inter Regem et REGNI MAGNATES apud Wintoniam Wherein Nuncii memorati verba Papalia qui nihil mitigationis imo potius exasperationis tenorem continebant nunciantes affirmantes quod nec in gestu vel verbis Papalibus aliquid humilitatis vel moderationis super oppressionibus quibus tam Regnum quam Ecclesia Anglicana gravabatur et conquesta est poterant reperire Dixerat enim Papa illis aliquod optabile responsum expectantibus Rex Anglorum qui jam recalcitrat et Frederizar suum habet consilium ego vero meum habeo quod et sequar Et ex tunc vix aliquis Anglicus in Curia negotium aliquod poterat expedire imo velut scismatici repellabantur omnes probris lacessiti Haec autem cum audisset Dominus Rex cum Magnatibus suis commotus est vehementer merito praecepitque voce praeconia in omnibus Comitatibus per omnes villas et terras et congregationes publice acclatuari Ne quis per regnum Papali contributioni consentiret vel aliquid pecuniae in auxilium ejus transmitteret Quod factum est Illud autem cum audiâ—et Papa in vehementem iram excanduit iterato asperius Praelatis scripsit Anglicanis ut sub poena excommunicationis suspensionis infra festum Assumptionis nuncio suo apud novum Templum Londini commoranti de praedicto auxilio satisfacerent Et cum constanter pararetur dominus Rex stare pro regni et Ecclesiae liberatione comminationibus Comitis Richardi fratris sui et quorundam Episcoporum quorum principalis erat Wigorniensis cui a Domino Papa concessa fuit potestas terram etiam ut perhibebatur interdicendi fractus succubuit et perterritus Unde totus conatus tam Magnatum quam Episcoporum et spes de regni et ecclesiae Anglicanae liberatione miserabiliter non sine multorum cordium cruento dolore emarcuit adnihilatus et impune hiatibus Romanae a varitiae de memorata contributione