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A26144 The power, jurisdiction and priviledge of Parliament and the antiquity of the House of Commons asserted occasion'd by an information in the Kings Bench by the attorney general against the Speaker of the House of Commons : as also A discourse concerning the ecclesiastical jurisdiction in the realm of England, occasion'd by the late commission in ecclesiastical causes / by Sir Robert Atkins, Knight ... Atkyns, Robert, Sir, 1621-1709. 1689 (1689) Wing A4141; ESTC R16410 69,431 78

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will make a Foelix tremble We have often heard it confidently said from the Pulpit That our Laws are like the Spiders Webs which catch the little Flies but the great ones break through them Now it is quite contrary with this great Court this great Court encounters only with great Offenders It is like the Imperial Eagle Aquila non capit Muscas it leaves them to this and other Inferiour Courts but that takes to task the Animalia Majora In the great Case Rot. Parl. 40 E. 3. num 7. King John had resign'd up the Crown of England to the Pope by the hand of Pandolphus his Legate and sordidly submitted to take the Crown at his hand again at a yearly Tribute In the Region of our noble King Edward the 3d. the Pope demanded his Rent and all the Arrears The Prelates Dukes Counts Barons and Commons resolv'd that neither the King nor any other could put the Realm nor the People thereof into subjection sans l'assent de eux This intimates that with their joint consent the Crown may be dispos'd of This was the highest Resolution in Law in one of the highest points in Law concerning the King's Claim of an Absolute Power and in a time when the Pope was in his height And the Commons join in the Resolution both against the Pope's and King John's pretence to a Despotick Power Sir Tho. Smith who was a Secretary of State in his Commonw l. 2. c. 2. fol. 50 51. In Comitiis Parliamentariis posita est omnis absolutae potestatis vis taking in the King as the Head of them as it ought to be understood this shows where the rightful absolute Power under Almighty God is And among other Magnalia he tells us Incerti Juris Controversias dirimunt This shews their transcendent Judicial Power they determine the greatest Disputes and Doubts in Law. They would quickly decide this Dispute and Controversie were it once before them without Argument This appears to be the proper business of a Parliament even from the Writ of Summons both to Lords and Commons for they did not Anciently differ in any thing material as I have abundantly shown already they are De Arduis Regni tractitare Concilium impendere here is their Councelling Power According to that Equitable Rule Quod omnes tangit ab omnibns tractari debet Their Legislative Power is most clearly set out by Bracton a Judge in the time of K. H. 3d. in whose latter times our Innovators would have the House of Commons to begin I cited him before Legis vigorem habet says he quicquid de Consilio de Consensu Magnatum Reipubl communi Sponsione anthoritate Regis praecedente juste fuerit definitum approbatum 5 H. 4. Num. 11. The Record there uses too gross a Word The Commons says the Roll require the King it should have been made it their Request to the King and the Lords accorded that four special Persons should be remov'd out of the Kings House This in some Ages as in the Reign of K. R. the 2d would have been thought a very high presumption and a sawcy thing to speak in the Language of the Pulpit and Press too from a late Cambr. Dr. and a Chaplain in Ordinary if the Title of the Print may be credited but said to be printed by the of that University A sawcy thing with their Prophane and Unhallowed Hands to presume to meddle in a thing so Sacred Thus says the late Printed Sermon But it was a Sacred or Consecrated thing indeed in this Roll of Parliament mention'd One of the 4 required to be remov'd out of the King's House where he was a Domestick was no less than the King's Confessor And it was not in the Reign of a R. the 2d or H. the 6th but of K. H. 4th one of our Wisest and most Active Valiant Kings But it may be thought that these four Persons were in some desperate Popish Plot of killing the King as the four we have heard of were No the King himself will resolve that Doubt That noble King said in answer to it He knew no cause wherefore they should be remov'd but only for that they were hated of the People And yet that great King charged those Four to depart from his House This proves their Councelling Power I might enumerate a vast multitude of Animalia Majora no small Flies that have in several Ages been catched in the Net or Webb of an Inquiry made by the House of Commons who fish only for such greater Fish such as we call the Pike who by Oppression live upon the smaller Fish and devour them The Commons to that end fish with a Net that has a wide and large Meshe such as le ts go the small Frye and compasses none but those of the largest size Such as the Lord Latimer in the time of E. 3. An. 50. Such as Michael de la Pool E. of Suff. and Lord Chancellour in 10. R. 2. Tho. Arundel Archbishop of Canterbury 21 R. 2. and such like William de la Pool D. of Suff. 28 H. 6. who were all impeach'd by the House of Commons in several Parliaments And I my self have seen a Lord Chief Justice of this Court while he was Lord Chief Justice and a Learned Man by leave from the House of Commons pleading before that House for himself and excusing what he had done in a Tryal that came before them in the West whereof Complaint was made to the House And he did it with that great Humility and Reverence and those of his own Profession and others were so far his Advocates as that the House desisted from any further prosecution In the the late Act of 13o. of his now Majesty for safety of his Royal Person there is a Proviso for the saving of the Just Antient Freedom and the Priviledge of either of the Houses of Parliament or any of their Members of debating any Matters or Business which shall be debated or propounded in either of the said Houses or at any Conferences or Committees of both or either of the said Houses or touching the Repeal or Alteration of any old or the preparing any new Laws or the Redressing of any publick Grievances I observ'd but now out of Trewinn Case in the Ld. Dier that the Judgment of the House of Commons in a Case of the priviledge of that House in that Report is called a Judgment of the most high Court of Parliament which proves they are not without a Judicial Power 3 H. 6. Sir Rob. Cott. Abr. fol. 574. The great Case between the E. of Warwick and the Earl Marshal for Precedency fol. 576. was determin'd by the King. By Advice and Consent of the Lords and Commons and yet one would have thought that a Case of Precedency between two Peers should have been a peculiar of the Lords In the Case of 1 H. 7. in the Year Books fol. 4. about reversing of Attainders it is advis'd by all the Judges that those