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A91243 A plea for the Lords: or, A short, yet full and necessary vindication of the judiciary and legislative power of the House of Peeres, and the hereditary just right of the lords and barons of this realme, to sit, vote and judge in the high Court of Parliament. Against the late seditious anti-Parliamentary printed petitions, libells and pamphlets of Anabaptists, Levellers, agitators, Lilburne, Overton, and their dangerous confederates, who endeavour the utter subversion both of parliaments, King and peers, to set up an arbitrary polarchy and anarchy of their own new-modelling. / By William Prynne Esquire, a well-wisher to both Houses of Parliament, and the republike; now exceedingly shaken and indangered in their very foundations. Prynne, William, 1600-1669. 1648 (1648) Wing P4032; Thomason E430_8; ESTC R204735 72,921 83

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witnesse Ingulph Beda Huntingdon Mathew Westminster Florent●us Wigorniensis Malmesbury Hector Boetius Speed and other in their Histories Antiquitates Ecclesiae Britanicae Spelmanni Concilia Tom 1. Sir Edward Cooke in his Preface to the 9. Report and fourth Institut c. 1. and above all others Mr. Seldens Titles of Honor. part 2. c. 5. Truth triumphing over falsehood Antiquity over Novelty p. 56. to 90. and Mr. Lambert in his Archaion there being little or no mention at all of any Knights of Sbires Citizens or Burgesses in any of our Parliaments and Councels before the Conquest or in the Conquerors time and his next Successors but of Earles Barons Nobles Archbishops and Bishops onely for the most part whom Sir Edward Cooke and others conceive were comprehended under the names of Sapientum or wise men Seniores populi extending to Peers too as they confesse or at least wise under these phrases k Spelman C. p. 194. praesentibus omnibus Ordinibus illius Gentis cum vtris quibusdam Militaribus rather Souldiers than Knights of which we finde mention in the Councel of Be●henceld l Spelman Ibid p. 21● An. 697. or omnium Sapientum Seniorum POPVLORVM totius Regni coupled with these pre-eminent Titles of Omnium Aldermannorum Principum Procerum Comitum who met together in a generall Councell under King Jue An. 713. Or m Spelman p. 318. cujuscunque Ordinis viros in the Conncell of Cloveskro An. 800. which expressions we finde are now and then mentioned in some ancient Councels and Parliaments though rarely And if that of n Hist p. 870. Ingulph and other our Historians and some Lawyers be true which o First institut f. 108. Sir Edward Cooke and p Titles of Honour part 2. ● 5. sec 3. p. 614 615. c. Mr. Selden deny that King Alfred first divided the Realme into Counties as all grant he did into Hundreds and Tithings and erected Hundred Courts wherein Knights of the Shire were alwayes yet are 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 Earles Dukes and Barons before his raigne who were present by the Kings summons not peoples elections at our Parliaments and Generall Councels as q Titles of Honour 2. chap. 5. sec 2. 3. 4. 5. Mr. Selden and r Glossarium Tit. Comitis Comitatus Sir Henry Spelman undeniably manifest Their sitting voting and judging therefore in Parliament being so ancient cleare and unquestionable ever since their first beginning till now and the sitting of Knights Citizens and Burgesses by the peoples election in our ancientest Parliaments and Councells not so cleare and evident by History or Records as theirs we must needs acknowledge and subscribe to their Right and Title or else deny the Knights Citizens and Burgesses rights in Parliament rather than theirs who have not so ancient nor cleare a Title or right as they Fourthly This Right and Priviledge of theirs is vested legally in them by the very Common-Law and Custome of the Realme which binds all men the unanimous consent of all our Ancestors all the Commons of England from age to age assembled in Parliament since we had any Parliaments who alwaies consented to desired and never once opposed the Lords sitting voting power or Judicature in Parliament and by Magna Charta it selfe wherein 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 and confirmed with a most solemne 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 yeare 1255. to ayde him in his warrs in Apulia the Earles and Barrons absolutely refused to give him any assistance at all not onely because he had undertaken that warre without their advice but also for this reason ſ Math. Paris An. 1255. p. 884 885. Daniel p. 172 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 disolved t Mr. St. Johns Speech concerning Shipmony p. 33. 1. H. 4. n. 21. 22 25. 36. And upon this very ground among others the Parliament of 21 R. 2. with all the Acts and proceedings therein were repealed and nulled by the Parliament of 1. H. 4. because the Lords who adhered to their King were summoned by him to the Parliament and some of the opposite party imprisoned impeached and omitted and many Knights of the shire were onely elected by the Kings nomination Letters to the Sheriffes And the Parliament it self kept by force viris armatis sagittarijs minensis brought out of Cheshire as an extraordinary guard quartered in the Kings Court at Westminster and about Charing Crosse and the Muse of which u Chron p 389. 390. Grafton and other Historians writes thus That they fell suddenly into so great pride of the Kings favour that THEY ACCOVNTED THE KING TO BE AS THEIR FELLOW and THEY SET THE LORDS AT NOVGHT yet few or none of them were Gentlemen but taken from the plough and Cart and other Crafts And after these rusticall people had a while courted they entred into so great a boldnesse that they would not let neither within nor without the Court to beat and slay the Kings good subjects to take from them their victualls and pay for them little or nothing at their pleasure as our free-quarterers doe now falling at last to ravish mens wives and daughters And if any man fortuned to complaine of them to the King he was soone rid out of the way no man knew how or by whom so as they did what they listed the King not caring to doe justice upon them but favoring them in their misdoings confiding in them and their guards against any others of the Kingdome which gave Lieges of his Kingdome great matter of commotion and discontent The bringing up of which guard to Westminster to force and overawe the Parliament to effect his owne designes is one principle Article exhibited against him by the Parliament for which he was deposed I pray God our New armed Guard and Courtiers at Whithall and the Muse of as meane condition as those fall not by degrees to the selfesame exorbitances contempt of the King Lords Parliament and oppression of the people to their generall mutining and discontent In the Parliament of 6 E. 3 N 1. Parl. 2. N. 5. 6. 8. 9. and most of the ensuing Parliaments in this Kings reigne and in divers Parliaments in Ric. 2. Henry 4. c. 5. 6. was found in the Parliament Roules that the Parliaments have beene proroged and adjourned from the dayes they were summoned to meet and have not sate nor acted