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
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.
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
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
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
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
A Plea for the LORDS AND HOUSE of PEERS OR A full necessary seasonable enlarged Vindication of the just antient hereditary Right of the Earls Lords Peers and Barons of this Realm to sit vote judge in all the PARLIAMENTS of ENGLAND Wherein their Right of Session and Sole Power of Judicature without the Commons House in Criminal Civil Ecclesiastical causes as well of Commons as Peers Yea in cases of Elections Breach of Privilege misdemeanors of the Commons themselves are irrefragably evidenced by solid reasons punctual Authorities memorable Presidents out of Histories and Records in all ages most of them not extant in any Writers of our Parliaments Whose Errors are here rectified the Seditious Anti-Parliamentary Pamphlets Libels of Lilbourn Overton and other Levellers against the Lords House and Right of judging Commoners fully refuted and larger Discoveries made of the Proceedings Iudgements of the Lords in Parliament in Criminal Civil causes Elections Breaches of Privilege of their Gallantry in gaining maintaining preserving the Great Charters Laws Liberties Properties of the Nation and oppugning all Regal Papal Vsurpations Exactions Oppressions illegal Ayds Taxes required or imposed and of the Commons first summons to and just Power in Parliaments than in any former Publications whatsoever By William Prynne Esquire a Bencher of Lincolnes Inne Prov. 22.28 Remove not the antient Land-mark which thy Fathers have set LONDON Printed for Henry Brome at the sign of the Gun in Ivie Lane and Edward Thomas at the Adam and Eve in Little Britain 1659. To all the truly Honourable Heroick Lords and Peers of the Realm of England who are real Patriots of Religion their Countries Fundamental Liberties Properties Great Charters Laws against all arbitrary Tyranny Encroachments illegal unnecessary Taxes and Oppressions Right Honourable THough true Nobility alwayes founded in vertue and real piety needs no other tutelar Deity or Apologie but it self amongst those ingenious Spirits who are able to discern or estimate its worth yet the iniquity of our degenerated Age and the frenzie of the intoxicated ignorant vulgar is such that it now requires the assistance of the ablest Advocates to plead its cause and vindicate the just Rights Privileges of the House of Peers against the licentious Quills Tongues of lawlesse sordid Sectaries and Mechanick Levellers who having got the Sword and reines into their hands plant all their batteries and force against them crying out like those Babylonian Levellers of old against the House of Lords Rase it Rase it even to the foundation thereof and lay it for ever â—ver with the very dust beholding all true Honor worth and Nobleness shining forth in your Honors heroick Spirits with a malignant aspect because they despair of ever enjoying the least spark therof in themselves and prosecuting you with a deadly hatred because better greater than ever they have hopes to be unless they can through Treachery and violence make themselves the onely Grandees by debasing your highest Dignity to the lowest Peasantry and making the meanest Commoners your Compears This dangerous seditious Design hath ingaged me the unablest of many out of my great affection to Royalty and real Nobility and a deep sence of the present kid tottering condition of our Kingdom Parliament the very pillars and foundations whereof are now not only shaken but almost quite subverted voluntarily without any Fee at all to become your Honors Advocate to plead your Cause and vindicate your undoubted hereditary right of sitting voting judging in our Parliaments of which they strenuously endeavour to plunder both your Lordships and your posterities and to publish these subitane Collections to the world now enlarged with many pertinent Additions to still the madness of the seduced vulgar whom Ignoramus Lilburn Overton Walwin and their Confederates have laboured to mutinie against your Parliamentary Jurisdiction treading upon Princes as upon mortar and as the Potter treadeth the clay in their illiterate seditious Pamphlets whose Arguments Pretences Presidents Objections Allegations I have here refuted by Scripture Histories Antiquities and Parliament-Rolls the ignorance whereof joyned with their malice is the principal occasion of their error in this kind And truly were all our Parliament Rolls Pleas Iournals faithfully transcribed and published in print to the eyes of the world as most of our Statutes are by authority of both Houses of Parliament a work as worthy their undertaking and as beneficial for the publike as any I can recommend unto their care it would not only preserve them from imbezelling and the hazards of fire and warr to which they are now subject but likewise eternally silence refute the Sectaries Levellers ignorant false Allegations against your Honors Parliamentary Jurisdiction and Judicatur resolve clear all or most doubts that can arise concerning the tower jurisdiction privileges of both or either Houses keep both of them within their due bounds the exceeding whereof is dangerous grievous to the people except in cases of absolute real present urgent not pretended necessity for the saving of a Kingdom whiles that necessity continues and no longer chalk oâ—â— the â—miâ—ent regular way of proceeding in all kinds of Parliamentary affairs whatsoever whether of warr or peace Trade or Government Privileges or Taxes and in all civil or criminal causes and all matters whatsoever concerning King or Subject Natives or Foreiners over-rule reconcile most of the present differences between the King and Parliament House and House Members and Members clear many doubts rectifie some gross mistakes in our printed Statutes Law-Books and ordinary Historians add much light lustre ornament to our English Annals the Common Statute Laws and make all Lawyers all Members of both Houses far more able than now they are to manage and carry on all businesses in Parliament when they shall upon every occasion almost have former presidents ready at hand to direct them there being now very few Members in either House Lords Lawyers or others well read or versed in antient Parliament Rollâ— Pleas Iournals or Histories relating to them the ignorance whereof is a great Remora to their proceedings yea oft times a cause of dangerous incroachments of new Iurisdictions over the Subjects persons estates not usual in former Parliaments of some great mistakes and deviations from the antient methodical Rules and Tracts of parliament now almost quite forgotten and laid aside by new unexperienced ignorant Parliament Members who think they may do what they please to the publike prejudice injury of posterity and subversion of our Fundamental Laws Rights Liberties in the highest degree by new erected arbitrary Committees exercising an absolute tyrannical power over the Persons Liberties Estates Freeholds both of Lords themselves and all English Freemen Your Lordships helping hand to the speedy furthering of such a necessary publike work and your industrious magnanimous unanimous imitation of the memorable heroick presidents of your Noble progenitors in gaining regaining enlarging confirming perpetuating to posterity the successive Grand Charters of our Liberties when
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
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
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
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
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
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
vestrum consilium impâ—nsurus Scientes quod si per VESTRAM ABSENTIAM CONTIGERIT dicta negotia quid absit ulterius retardari dissimulare non poterimus quin AD VOS EXINDE SICUT CONVENIT GRAVITER CAPIAMUS Teste Rege apud Ebor. 11 Die Decembris Eodem modo mandatum est 17 aliis Episcopis 13 Abbatibus 40 Magnatibus aliis And in another writ of Summons the same year to the same Archbishop of Canterbury there is this Clause inserted against making any Proxie Scientes pro certò quod nisi evidens et manifesta necessitas id exposcat non intendimus Procuratores seu Excusatores pro vobis admittere ea vice propter arduitatem negotiorum praedictorum Which Clause amongst other reasons was then inserted because the Clergy in a Parliament held at Eltham some two years before refused to grant this King an aid for the defence of Ireland by reason of the Archbishops absence from it adjourning their answer to this aid till they all and the Archbâ—shop assâ—mbled together in a future Convocation to be summoned by the Kings writ as the Claus Rol. An. 4 E. 3. m. 3. dorso recordâ— Thus the Bishops and Clergy refused to grant an aid to King Henry the 3. Anno 1232. and likewise another aid to the Pope Anno 1244. because many of the Bishops and Abbots who were summoned to the Parl. then held were not present Adding Tangunt ista Archiepiscopos necnon universos Angliae Praelatos cum ergo Archiepiscopi Episcopi alii Ecclesiarum Praelati sint Absentes in eorum praejuditiis respondere nec possumus nec debemus Ouia â—id â—cere praesumeâ—emus in prejuditium omnium Absentium fieret Praelatorum All excellenâ— Presidents both for the Lords and Commons in all succeeding ages not to vote or act any thing or grant any aids or Subsidies upon any occasion menace or intreaty whiles their Members who ought to be personally present are absent much more when forcibly secured or secluded by internal confederacy or external armed violence or the whole House of Peers sequestred or suppresâ—ed by factious seditious Levellers who now design their total and final extirpation out of their future New-modelled Parliaments Having thus impregnably evinced the Lords undoubted right to sit and vote in Parliament though they be not elective by the peoples voices as Knights and Burgesses are I shall next discover unto our illiterate Ignoramusses who oppose their right the justice good grounds and reasons of our Ancestors why they instituted the Lords to sit and vote in Parliament by right of their very Nobility and Peerage which will abundantly satisfie rational men and much confirm their right First the Nobles and Great Officers in all Kingdoms and in our Kingdom too in respect of their education birth experience imployments in military State-affairs have always been generally reputed the wisest most experienced Common wealths men best able to advise Counsel the King and kingdom in all matters of Government Peace or War as our Historians Antiquaries Polâ—tians Records acknowledge and attest whence they were antiently stiled Aeldermen Wisemen Magnates Optimates Sapientes Sapientissimi et Clarissimi viri Conspicui Clarique Viri Primates Nobiles c. in our Historians and Records our Parliaments in that respect being frequently stiled in antient times Concilium SAPIENTUM upon which Grounds our Kings Lords and Commons too when ever they recommended Councellors of State to the King in Parliament made choice of Lords and other Peers for for their Privy Councellors as most wise able discreet Therefore it was thought fit just and equal the King should ever summon them to the Parliament by his Writ without any election of the people for their own inherent wisdom excellency valour learning worth the Original cause of advancing enobling them at first as is expressed in their Patents and evident by these Scripture Texts Esth 1.13 14. Isay 19.11 12 13. Jer. 5.5 c. 10.7 c. 51.57 Dan. 2.48 c. 6.1 2 3. Gen. 41.39.40 Psal 105.21 22. compared together This ground of calling the Nobles to the Parliament is intimated in the very words of the summons Et ibidem VOBISCUM Colloquium habere tractare de arduis urgentibus Regni Ecclesiae Anglicanae negotiis VESTRUMQUE CONSILIUM IMPENSURI c. Et hoc nullatenus omittatis which clause recited in the Commons writs of election likewise implies them to be men of most wisdom and experience able to counsel and advise the King in all hit weighty arduous affairs both of the Kingdom and Church whence by Hereditary antient right they are THE KINGS GREAT COUNCEL and so acknowledged by the Commons themselves this last Parliament I could give many instances wherein the Commons in Parliament have extraordinarily applauded the Lords and Peers for their great wisdom and specially desired their wholsom Counsel as persons of greater wisdom and experience than themselves but for brevity sake I shall cite only these ensuing Records In the Parliament of 21 Edw 3. rot Parl. n. 4 5. Wil. de Thorp in the presence of the King Prelates Earls Barons and Commons declared that the Parliament was called for two causes The first concerning the wars which the King had undertaken by the consent of the Lords and Commons against his Enemies of France The second how the Peace of England may be kept Whereupon the King would the Commons should consult together and that within four days they should give answer to the King and his Counsel what they think therein On the fourth day the Commons declare That they are not able to counsel any thing touching the point of War wherefore they desire in that behalf to be excused And that the King will thereof advise with his Nobles and Council and what shall be so amongst them determined they the Commons will thereto assent confirm and establish By which it is evident the Commons then reputed the Nobles more wise and able to advise the King in matters of war than themselves who confessed their inability therein and therefore submitted to assent to whatever the Nobles and Councel should therein advise Him 28 Edw. 3. n. 55 58. The Commons submit the whole businesse of the Treaty of peace with France to the order of the King and of his Nobles And 36 Edw. 3. n. 6. The LORDS only advise the king touching Truce or War with Scotland In the first Parliament of 15 Edw. 3. n. 11. the Commons having delivered in divers Articles concerning the redress of grievances and publike affairs to the King prayed that unto the Wednesday ensuing their Articles may be committed to the Bishops Barons other wise men there named by them to be amended which the king grauted whereas the Lords exhibited their Articles apart to the king and the Bishops their Articles apart in this Parliament and protested that they ought not to answer but in open Parliament by and with their
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
they their Ancestors purchased at so dear a rate and a means to dis-ingage them for ever siding hereafter with and setting them against the Commons and Republike for such an high dishonour and affront as this will prove 3ly Our Lords and Nobles have been the stoutest Champions to defend the Rights Privileges Liberties of the Crown Realm and Church of England the Great Charters Liberties Laws Franchises Properties of the Clergy people therein against the Popes and Prelates Antichristian invasions and enchroachments on them for proof whereof I shall present you with these few pertinent presidents instead of many others recorded in our Annals Pope Paschal the 2. and his Confederate Anselm Archbishop of Canterbury endeavouring by a Papal Decree to deprive the King of the investiture of Bishopricks by a Ring and Staff which his Ancestors enjoyed The King thereupon writ and sent him a Letter by two of his Bishops Anno Dom. 1103. wherein he concludes thus Beneficium quod ab Antecessoribus meis beatus Petrus habuit vobis mitto eosque honores eam obedientiam quam tempore Patris mei antecessores vestri in Regno Angliae habuerunt tempore meo ut habeatis volo eo videlicet tenore ut dignitates usus et consuetudines quas Pater meus tempore antecessorum vestrorum in regno Angliae habuit Ego tempore vestro in eodem regno meo integre obtineam Notumque habeat Sanctitas vestra quod me vivente Deo auxiliante dignitates et usus Regni Angliae non minuentur Et si ego quod absit in tanta me dejectione ponerem OPTIMATES MEI imo TOTIUS ANGLIAE POPULUS ID NULLO MODO PATERETUR Habita igitur karissime Pater utiliore deliberatione ita se erga nos moderetur benignitas vestra ne quod invitus faciam a vestra me cogatis recedere obedientia To pretermit the Statutes of Clarindon Anno 1164. made and sworn to be observed by the Prelates Abbots Earls Barons and Nobles very derogatory to the Popes and Prelates usurpations in maintenance of the Kings Prerogative and peoples liberties recorded in Mat. Paris p. 96 97. Chronica Gervasii col 1386. In the year 1185. Heraclius Patriarch of Jerusalem comming into England with the Keys of the Tower of David and of Christs Sepulcher and the Banner of the holy Cross presented them to King Henry at Reading whom they had elected King thereof with an earnest Letter from Pope Lucius to accept thereof that so he in his absence might the more securely invade the rights of his Crown and Kingdom Hereupon the King Convocatis apud Londoniam totius Angliae Primatibus as Gervasius Dorobernensis or Convocato Câ—ero Regni ac populo to wit rhe Prelates and Nobles not ordinary Clergy and Commons usually expressed by this phrase as Mat. Paris relates it Convenerunt Londoniis apud Fontem Clericorum decima Kalendas Aprilis Rex cum universa Nobilitate Regni which expounds Clerus Regni et Populus Whence Radulphus de Diceto thus relates it Ad vocationem Regis Cantuariensis electus et Cantuariensis Ecclesiae Suffraganei Dunelmensis Episc Abbat Conventualium locorum Praelati Comites et Barones convenerunt apud fontem Clericorum 15 Kal. Apritis Rex itaque Patriarcha Magistro sanctae domus hospitalis Jerosolomi audientibus omnes suos fideles qui convenerant adjurationibus multis obstrinxit quatenus proponerent in medio quod super his saluti animae suae viderint expedire Ad hoc enim cor suum inclinatum dicebat ut quod acciperet ex eorum consilio modis omnibus observaret Tunc Concilio universo super praemissis colloquenti datum est igitur sub deliberatione quod esset consultius vel quod Rex in propria sua persona Jerosolomitanis succurreret vel Anglorum regno cujus gubernationem in facie Matris Ecclesiae dudum susciperat adhuc praeesse nulla ratione desisteret Ad illa siquidem tria quae Rex quilibet consecrandus promitiit aliqui revocabant Promittit namque se praecepturum opem pro viribus impensurum ut Ecclesia Dei populusque Christianus veram pacem in omni tempore servet Promittit etiam quod rapacitates et omnes iniquitates omnibus gradibus interdicet Promittit adhuc quod in omnibus judiciis aequitatem misericordiam praecipiet Satius ergo visum est VNIVERSIS animae Regis multò salubrius quod regnum suum debita cum moderatione gubernet et a barbarorum irruptionibus a gentibus externis tuâ—atur quam saluti Orientalium in propria sua persona De filiis Regis quidem quorum petiis aliquem Patriarcha si Rex tamen recusaret quicquid statuere cum essent absentes incongruum videbatur Whereupon Heraclius returned the Pope and he by this advice of the Nobles being both deprived of their hopes Rex inito consilio responderat quod oblatum sibi Regnum Hierosolomitanum accipere et adire et Regnum Anglorum deserere hostibus vicinis exponere non fuit ut credidit Deo acceptum cum sit Deo tam gratum tam devotum hoc ut illud King Iohn in the 17 year of his reign having confirmed the Great Charter of the liberties of England and of the Forest by his Seal Oath and the Popes own Bull after his surrender of his Crown and kingdom ro the Pope regranted to him under an annual tribute Pope Innocent by his Bull in a General Council held at Rome repealed these Charters of the King as compelled to grant them by force and fear against his will commanding the King under pain of a curse and excommunication not to observe the Barons not to exact or demand the said Charters or any obligations or cautions whatsoever for or concerning them which he utterly cancelled and made void ut nullo unquam tempore aliquam habeant firmitatem Writing also exhortatory minatory Letters to the Barons not to claim the said Charters or Liberties obtained by force and fear and therefore not only vile and dishonest but unlawfull and unjust under pain of his displeasure and Sentence But what was the issue Matthew Paris thus records Cumque tandem Rege Anglorum procurante Magnates Angliae has Literas tam commoniâ—oriaâ— quam comminatorias accepissent Noluerunt desistere ab inceptis ed adhuc insurgentes Regem acriter infeâ—tabant dicendo de Papa illud propheticum Vae qui justificatis impium c. The Pope being informed that the Barons persisted in the prosecution of their Liberties and Wars against the King excommunicated them al their adherents in general for contemning and disrespecting his said Papal Decree Letters authority and suspended the Archbishop of Canterbury for siding with them But they contemning this his Sentence and persevering in their designs and wars he thereupon excommunicated all the Barons by name and likewise interdicted them and their adherents which being published in most places in the Country and thereby
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
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 if so then questionless such who hold not by an intire Barony and are not Majores Barones by Patent or Inheritance now cannot be created such by a meer general writ of summons neither can the King by his general writ create or make them such against this antient Law and usage ever since And the Earls Lords and Great honorary Barons who excluded all such from sitting in Parliament with them as Barons and their Peers then may much more exclude and refuse to admit such into their house or to sit with them if summoned now because their dignity honor power would suffer much diminution thereby and the King might by writ at any time call so many to their House as might overtop overâ—ote and alter their very Constitution as an House of Peers I shall close up this point of the Lords sole right to sit in Parliament with one or two memorable presidents In the 7. year of King Edward 2. as Walsingham stories in quindena Paschae per Regis brevia citatae sunt generaliter omnes Parliamentales personae pro Parliamento teuendo Londoniis Sed multis Proceribus praetendentes impedimenti causas nihil hâ—c vice factum suâ—t So Anno 1316. King Edward in the 9th year of his reign celebravit Concilium apud Clarindon sed Magnates noluerunt interesse Whereupon nothing was there effected The Lords presence being held then so necessary that by reason of the absence of divers of them upon some real or pretended impediments though all legally summoned by the Kings writs nothing was done or concluded by those who met who held themselves no compleat or legal Parliament without them Whereas in the Parliament of 5 E. 2. some of the Judges and Assistants departing from the Lords and divers Knights Citizens and Burgesses from the Commons house without license yet the Lords continuing all together and making Ordinances for regulating the Kings house and Revenues the Parliament still continued and these special writs were sent to recall the Judges and Lords Assistants quod redeant exinde et sine licentia nostra speciali durante Parliamento praedicto non recedatis Et hoc sicut indignationem nostram vitare volueritis nullo modo omittaris Teste Rege apud Haddely 12 Septemb. PER CONSILIUM And this general writ was sent to the Sheriff of Yorkeshire and all other Sheriffs of England to summon all the Knights Citizens and Burgesses in their several Counties to return thither or else to elect other fit persons in their places Praecipimus tibi firmiter injungentes quod illos Milites Cives Burgenses de Balliva tua quos nuper ad praesens Parliamentum nostrum apud London inchoatum de mandato nostro venire fecisti et qui ab eodem Parliamento certis de causis recesserunt quod redeant exinde c. vel alios ad hoc idoneos loco ipsorum SI AD HOC VACARE NON POSSUNT usque ad Westmonasterium ad dictum Parliamentum quod ibidem duximus continuandum c. proxime futur ad ultimum cum sufficienti potestate Comitatus tui Civitatum Burgorum praedictororum ad consentiendum hiis quae tunc ibidem contigerint ordinari c. Teste Rege apud London xi die Octobris This Parliament being thus continued Claus 5 E. 2. m. 25. Special license was granted to some LORDS to goe home who made Proxies to other Lords to supply their places by these words Deputamus in loco nostro in Parliamento and this in the Writ of Prorogation This I hope will suffice to convince all Levellers and Gainsayers of the LORDS undoubted antient Hereditary just Right and Title to sit vote in all ENGLISH PARLIAMENTS though not elected by the people SECTION II. Wherein the Lords House sole Right of Judicature in Parliament without the Commons is fully cleared by Presidents Histories Records in all ages and undeniable Reasons and that both in Criminal Civil Ecclesiastical Causes of all sorts as well in cases of Commoners and Clergymen as Temporal Peers persons of the highest degree proper for Parliament IT is the General confession resolution assertion both of Lawyers Law-books the Parliament and Statute of 31 H. 8. c. 10. and all who have written of our Parliaments That the Parliament of England is the antientest honourablest highest Court and Supremest Judicature in the Realm to whose Judicature all other Courts Persons Subjects of the Realm are subject accountable for all Injuries Oppressions Crimes Wrongs Corruptions Errors Abuses Grievances Misdemeanors Treasons Contempts Frauds false Judgments and matters of publike or privat concernment not properly triable remediable or punishable in other inferior Courts of Justice and that Court to whom all Appeals concerning Misproceedings Errors or Injustice in other Courts or places ought to be made and from whose Injustice and Sentence there is no appeal but only to another Parliament as in the case of General Councils as Divines assert there is no appeal but to another general Council in Ecclesiastical affairs concerning the Universal Church or matters of Faith This being an unquestionable Principle and Truth the sole Question will be in what House or Persons in Parliament this Supreme Judicatory or judicial power resides Whether in the King alonâ— or Lords alone or King and Lords jointly or in the House of Commons alone never made a question â—il now by Lilburn and Overton or in the King and House of Peers not separate from but joyntly with the Commons House And for my part I conceive it resides wholly and solely in the King and House of Lords not in the House of Commons which hath no part nor share therein singly considered in it self nor yet joyntly with the King and Lords but only in some special cases and proceedings as when and where the King and Lords voluntarily require their concurrence or where the judgement and proceedings in Parliament are by way of Bill or Act of Parliament or when a judgement passed or confirmed by Bill or Act to which the Commons consent was requisite is to be altered or reversed but in no cases else that I can find To make this ouâ— beyond contradiction it must be necessarily granted by all and cannot be gainsaid or disproved by any that this Supreme power of Judicature hath been vested in our Great Councils and Parliaments even from their beginning and original institution it being the antientest as well as highest and honourablest of all other Courts That it had this Soveraign Jurisdiction vested in and exercised by it both under our British Saxon Danish and Norman Kings I have elsewhere evidenced and shall anon make good by undeniable presidents Now the Great Parliamentary Councils under them consisted only of the King the Ecclesiastical and Temporal Lords Earls Barons Nobles without any Commons House or Knights of Shires Citizens or Burgesses elected by the people as I have already touched and manifested more fully in other Treatises yea
the most best Antiquaries and English Historians I have seen who Treat of our Parliaments except that Gross Impostor who composed that ridiculous Treatise stiled Modus tenendâ— Parliamentum when there was never any Parliament held in any age in England or Ireland in such manner as â—e there relates prescribes with Sir Edward Cook and some other injudicious Antiqâ—aries seduced by this pretended forged Antiquity have not presumed to derive the Antiquity of the Knights Citizens and Burgesses summons to and siâ—ting in our Parliaments higher than the Parliament held under Henry the 1. at Salisbury Anno Dom. 1116. the 16 year of his reign To which Polydor Virgil Hist Angl. An. 1116. Judge Dodridge and others in the Antiquity of the Parliamenâ—s of England p. 18 19 20 40 80 86 87. Holinshed in his Chronicle vol. 3. p. 38 39. John Speed in his History of Great Britain p. 438 439. referre their Original if not the beginning of Parliaments themselves But under these learned mens correction who produce no warrant from histories or records in that age for proof of what they affirme I dare confidently assert that there is nothing to be found in History or Record to warrant this their fancy but many direct evidences against it which I shall briefly clear being very pertinent to the present controversie and judicature of the Lords House 1. It is most clear that to this Parliamentary Council held at Salisbury Anno 16 H. 1. No Commons Knights Citizens elected by the people were called by this Kings Writs as some of these Authors with the Manuscript of Canterbury positively assert and others of them seem to incline unto but only the Lords spiritual and temporal of the Realm as Holinshed himself relates whom Speed stileth the Estates both Spiritual and Temporal This is evident by Eadmerus who then lived and thus records the proceedings of that convention under this King 13 Kal. Aprilis factus est Conventus Episcoporum Abbatum et Principum totius regni apud Serberiam cogente eos illuc sanctione Regis â—enrici Which Rog. de Hoved. thus seconds Comites et Barones totius Angliae apud Salisberiam convenerunt who as Mat. Paris and Mat. Westminster with them relate Jurarunt fidelitatem Willielmo filio suo Simeon Dunelmensis â—â—iles it Conventus Optimatum et Baronum totius Angliae wherein jussu Regis omnes Comites et Barones cum Clero totius Regni swore fealty to him and his Son as the Chronicle of Brompton also relates not any of our antient Historians making mention of any Commons Knights Burgesses but only of Bishops Abbots Earls Lords and Barons of the Realm there present at it In this Parliament after the Earls Barons and Great men had done homage to William the Kings Son and sworn allegiance to him the Cause and complaint between Ralph Archbishop of Canterbury and Thurstan elected Archbishop of York was there heard and debated which had been agitated between them a whole year before Thurstan being admonished by Ralph to make his subjection to the See of Canterbury and to receive his consecration from him after the ecclesiastical and usual manner Answered That he would willingly receive his consecration from him but he would by no means make that profession of subjection to the See of Canterbury which he exacted but only that which Pope Gregory and after him Pope Honorius the 6. had ordained who made this agreement between the two Archbishops of England Ut neuter alteri subjectionis professionem faceret nisi tantum ut qui prior ordinatus esset quamdiu viveret prior haberetur quod proprium est servorum Dei ut verahumilitate sibi invicem acclives sint nullus super alium primatus ambitionem exercere debet Sicut Dominus noster Verae humilitatis praedicator amator discipulos suos de hac re litigantes redarguens dixit eis Qui major est vestrum erit omnium minister Nullus siquidem post beatum Auguâ—â—inum â— qui non tam Archiepiscopus quam Apostolus Anglorum dicendus est Archiepiscoporum Cantuariensium primatum totius Angliae sibi vendicare praesumpsit usque ad Theodorum Archipraesulem cui propter singularem in Ecclesiastica Disciplina solertiam omnes Angliae Episcopi subjici consenserunt sicut Beda in Ecclesiastica Historia Angliae testatur Quamobrem Turstinus nullam aliam subjectionis professionem Cantuariensi Pontifici facere voluit nisi quam beatus Papa Gregorius instituiâ— Ralph on the other side pleaded the subjection of his predecessors made to his Predecessors Rex autem Henricus ubi advâ—rtit Turstinum in sua stare pervicatia aperte protestatus est illum aut morem antecessorum suorum tam in professione facienda quam in aliis dignitatis Ecclesiae Cantuariensis ex antiquo jure competentibus executurum aut Episcopatu Eboracensi cum benedictione funditus cariturum His auditis ille suo cordis consilio inpraemeditatus credens renunciavit Pontificatui spondens Regi Archiepiscopo se dum viveret illum non reclamaturum nec aliquam calumniam inde moturum qui cunque substitutus fuisset But Thurstan afterwards repenting of his rashness contrary to his agreement in Parliament going to the Pope against the Kings command to the Council at Rhemes was there consecrated Archbishop of York by Pope Calixtus himself contrary to his promise to the Kings agent and Canterburies who there publikely protested against his consecration without making any subjection to the See of Canterbury Whereupon the King prohibited Thurstan to return into England or any of his Dominions swearing that he should never return whiles he lived unless he would make his subjection to the See of Canterbury Which Oath he refused to violate at the Popes personal request to him though he then absolved him voluntarily from this Oath saying Quod dicit se quoniam Apostolicus est me à fide quam pollicitus sum absoluturum Si contra eandem fidem Thurstinum Eboraci recepero non videtur regiae honestati convenire hujusmodi absolutioni consentire Quis enim fidem suam cuivis polâ—câ—ntii amplius crederetur cum eam meo exemplo tam facile absolutione annihilari posse videret As in this famous Parliamentary Council of Salisbury so in all precedent and subsequent Great Councils and Conventions during the whole reign of king H. 1. the Prelates Earls Barons spiritual and temporal Lords were only summoned as Members not any Knights Citizens Burgesses or Commons elected by the people which I shall next make good In a Parliamentary Council in the 1. year of his reign Anno 1100. he was elected and crowned King of England abolished ill Laws confirmed King Edwards Laws and the Great Charter of Liberties under his Seal Communi Concilio Baronum regni Archiepiscoâ—is Episcopis Comitiâ—uâ— Proceribus Magnatibus et Optimatibus totius Regni Angliae there subscribing to his Charter then granted as witnesses See here p. 58
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
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
real crimes and misdemeanours operam dante Rege ut quamplures ex Angliis suo honore privarentur in quorum loco suae gentis personas subrogavit in confirmationem sui quod noviter acqusierat regni Hic nonnullos tam Episcopos quam Abbates quos nulla evidenti causi nec Concilia nec leges seculi damnabant suis honoribus privavit usque ad finem vitae custodiae mancipatos detinuit suspicione tantum inductus novi Regni As Florentius Wigorniensis and others inform us And in another Council held the same year at Windsore Bishop Agelric for pretended crimes was uncanonically degraded without any fault and presently after sent Prisoner to Marlebridge In this Council many Abbots were likewise degraded and Norman Monks put in their places In the 7 year of William Rufus Anno Dom. 1094. there fell out a great difference between the King and Archbishop Anselm upon this occasion The King alleged that it was the royal prerogative of him and his Ancestors That no man without his license or election should nominate or acknowledge any one within the Realm of England to be a lawfull Pope or yield obedience to him as Pope and that whosoever would deprive him of this royal prerogative it was all one as if he endeavoured to deprive him of his Crown Anselm whiles he was Abbot of Becca in Normandy before he was made Archbishop of Canterbury had acknowledged Urban to be lawfull Pope whom the King had nor yet received as Pope and resolved to receive his Pall from him and by no means to recede from this his subjection and obedience to him Upon which occasion the King being highly displeased with him protested That Anselm could not possibly keep that allegiance which he owed to him and likewise his obedience to the Apostolick See against his will they being inconsistent together and thereupon reputed him a Traytor to his Crown and dignity Anselmus igitur â—eâ—ivit inducias ad istius rei examinationem quarenuâ— Episcopis Abbatibus cunctisque regni Principibus una coeuntibus communi assensu definiretur â—rum sâ—lva reverentia obeâ—ientia sedis Apostolicae possit fidem Regi terreno serâ—are an non Quod si probatum inquit fuerit utrumque fieri minime posse fate or malo terram tuam donec Apostolicum suscipias exeundo devitare quam beati Petri ejusque Vicarii obedientiam vel ad horam abnegare Dantur ergo induciae atque ex Regis sanctione firme totius Regni Nobilitas quinto Id. Martii pro ventilaâ—ione istius causae in unum apud Rochinghâ—ham coit All the Bishops Abbots and Nobles being there assembled in a Parliamentary Council this controversie between the King and Anselm being stifly debated for many days The King required and the Bishops and Nobles much pressed Anselm singly to submit himself to the Kings Will without any saving of his obedience to the Pope which he peremptorily refused this being the sum of his answer to the Bishops and Nobles Cuncti noveritis in communi quod in his quae Dei sunt Vicario be ti Petri obedientiam in his quae terrenae Domini mei Regis dignitati jure competunt fidele consilium auxilium propensus mea capacitate impendam The King extremely incensed with his answer most intirely inquired of his Bishops and Nobles what he should object against his speeches After much consultation they agreed upon an answer telling Anselm Noveris totum regnum conqueri adversum te quod nostro communi Domino conaris decus Imperii sui Coronam auferre Quicunque enim Regâ—e dignitatis consuetudines tollit Coronam simul regnum tollit c. Whereupon they advised him to renounce Urban and to submit to the King and crave his pardon for his offence Which he refusing they perswadâ—d the King to give him no longer time to advise if he persisteâ— in his obstinacy Sed in eum mox judicii sententiam invehi juberet The King and Bishop of Durham preâ—ed That he might be deprived of his Ring Pastoral staff and Bishopâ—ick and banished the Realm if he would no submit to the Kings will which some of the Nobles misliking conceiâ—ing that he being their Superiour and Metropolitan could not be judged by them but by the Pope alone the King said Quid placeat si haec non placent dum vivo parem mihi in regno utique sustinere nolo c. Anselm thereupon desired the Kings safe conduct promising voluntarily to depart the Realm but refused to resign his Bishoprick which the King refused to grant unlesse he resigned it At last by the mediation of the Nobles and Bishops the King granted him longer time to consider of his absolute submission to him upon the promise of his loyal and peaceable deportment in the interim and so this Parliamentary Council ended the proceedings whereof are at large recorded by Eadmerus well worth perusal Anno 1095. Robert de Mulbrain William de Auco and many others conspired to deprive King William Rufus both of his kingdom and life and to make Stephen Earl of Albemarl King whom the King having thereupon taken Prisoners by an Army raised against them and committed to safe custody till their trial in Parliament Anno 1996. 8 days after Epiphany apud Salisberiam tenuit CONCILIUM in quo jussit Gulielmi de Auco in duello victi oculos eruâ—re testiculos abscindere dapiferum illius Gulielmum de Alderi suspendi Comitem Odonem de Campania praedicti Stephani patrem quosdam alios traditionis participes in custodiam posuit Here the King and Lords in a Parliamentary Council â—udge and condemn Traytors to death imprisonment or other corporal punishment as well Commons as Peers In the year of Christ 1.100 Ranulph Flambard Bishop of â—urham Consilio gentis Anglorum By the Vote of the whole Parliament of England was clapt up Prisoner in the Tower of London by King Henry the 1. at the importunity of the Nobles and the innumerable complaints made against him he being the chief Author and promoter of all the evil customs extortions and unjust oppressions of the Realm and people exercised by King William Rufus then redressed by the Charter of King Henry made and ratified by the assent advice of his Nobles and Barons exacting many times twice as much of the people as Wâ—lliam Rufus required wherewith the K. very well content would laugh and say That Ranulph was the only man for his turn who cared not whom he displeased so he might please his Master After he had been imprisoned some space he made an escape out of the Tower by a rope hurting his Leg and Arm by a fall from the wall to the ground the rope being too short then escaping into Normandy instigated D. Rob. to claim the Crown and invade the Realm to his own great loss the effusion of much Christian blood and great disturbance and damage of the
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
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
inform us In the Parliament of 2. Caroli the Duke of Buckingham impeached the Earl of Bristol and the Earl of Bristol impeached this Duke before the Lords in sundry Articles for divers misdemeanours touching the Spanish match King Prince to seduce him in his religion praying judgment of the Lords thereupon against each other In the Parliament of 3. Caroli the Duke of Buckingham was accused and Impeached by the Commons before the Lords for sundry high Misdemeanors and the Parliament thereupon dissolved to prevent his censure In this very Parliament of King Charls now sitting Thomas Earl of Strafford was accused and impeached by the House of Commons of High Treason and other misdemeanors comprised in sundry Articles which they transmitted â—o the House of Lords desiring that he might be put to answer them and such proceedings examination trial and judgement thereupon had and given against him by the Lords as is agreeable to Law and Justice Hereupon he was openly tried in Westminster Hall before the House of Lords there sitting as his Judges where the House of Commons prosecuted and gave in Evidence against him sundry dayes and in conclusion demanded the Lords to give Iudgement against him in the Iudicial way After which they proceeded against him by way of Bill not to decline their Lordships Iustice in a Iudicial way but to husband time by preventing some doubts and as the speediest and soonest way Upon the passing of which Bill he was beheaded and executed as a Traytor On the 26 of February 1640. William Laud Archbishop of Canterbury was accused and impeached of High Treason by the House of Commons of 14. Articles then transmitted by them to the House of Lord The first whereof was this That he had trayterously endeavoured to subvert the fundamental Laws and Government of the Realm and instead thereof to introduce an Arbitrary and Tyrannical Government against Law And the last of them this That he had laboured to subvert the rights of Parliament and the ancient Course of Parliamentary proceeding which the New-modellers of our Parliaments more guilty hereof by many degrees than he may do well to consider Upon which they prayed from the Lords such proceedings examination trial and Iudgement against him as is agreeable to Law and Justice Upon these Articles he was brought to a publike Trial in the Lords House the 12. of March 1643. and after 17. whole dayes spent in his meer Trial and proof of the Charge against him and his defence thereto morning and evening and several other dayes spent in the hearing of him and his Council and the Commons Reply touching his Charge and the matters of Law whether the Charge prâ— against him amounted to High Treason the Lords upon most mature deliberation voted him Guilty of all the Articles and matters of fact charged against him and also of High Treason and thereupon passed an Ordinance for his Attainder by vertue whereof he was beheaded as a Traytor on Tower-Hill January 10. 1644. To these I might add the seveeal Articles of Impeachment transmitted by the House of Commons this Parliament to the Lords against Matthew Wren Bishop of Norwich the 20. of July 1641. against William Pierce Bishop of Bath and Wells and against the Bishops of Winchester Coventry and Litchfield Glocester Chichester Exeter St. Asaph Hereford Ely Bangor Bristol Rochester Peterborough and Landaffe August 4. 1641. requiring such proceedings from the Lords against them as to Law and Justice shall appertain All which are a superabundant impregnable Evidence of the Lords inherent Judicial power and right of Judicature in our English Parliaments even by the Commons House own Impeachments and acknowledgements against the Levellers pretences to the contrary By all these forecited presidents it is most apparent 1. That the King and Lords in our Parliaments in all ages both before and since the Commons admission to sit and vote in Parliaments have been the sole Judges of Ecclesiastical Peers and Lords in all criminal cases without the Commons 2ly That the Lords and Peers of the Realm except only in case of appealâ— both in and out of Parliament are triable only by their Peers And therefore the Trial condemnation and execution of any of them by Marshal Law or now misnamed High Courts of Justice by Commoners and others who are not their Peers is most illegal unjust and nought else but murther as the Parliaments of 1 H. 4. rot Parl. n. 45. of 1 E. 4. rot Parl. n. 18. resolve and as it was adjudged in the case of Thomas Earl of Lancaster Paâ—ch 39 E. 3. Coram Rege Rot. 92. Wiâ— Cooks 3. Institutes p. 52 53. Secondly The next and main question now conâ—roverted will be Whether the King House of Peers have any lawfull or sole power of Judicature in and over the persons of the Commons of England as well as over Peers in criminal causes misdemeanours offences or breaches of their Parliamentary privileges so farr as to fine imprison censure judge or condemn them in any kind without the House of Commons concurrent vote or judicature This the ignorant sottish Levellers Sectaries seduced by their blind guides John Lilburn and Overton peremptorily deny the contrary whereof I shall here infallibly make good to their perpetual shame and refutation by unanswerable Reasons and presidents in all ages 1. I have already manifested That the Parliament being the supremest Court of Judicature in the Realm must consequently have a lawfull Jurisdiction over all persons and members of the Realm whether Spiritual or Temporal Lords or Commons in all criminal and civil Causes proper for Parliaments to judge or punish That this power of judicature was originally and primitively vested in the King and Lords alone before there were any Knights Citizens Burgesses or Commons summoned to our Parliaments as is evident by the antient writers Glanvil Bracton Fleta Horn the Parliament of Clarindon Anno. 1164. and other forecited authorities and never transferred by them to the House of Commons upon or after their admission into our Parliaments but remaining intirely in the King and Lords as at first as the whole House of Commons acknowledge upon record 1 H. 4. rot parl n. 79. Therefore they may lawfully exercise this their judicial power and jurisdiction over the Commoners of England in all such causes now and hereafter and that of right as this record resolves they may do in positive terms 2ly Our Histories Law-books and Records agree that in ancient times our Earls who were called Comites or Counts from the word County had the chief Government and Rule of most of the Counties of this Realm under our King and that they and the Barons were the proper Judges of the Common people both in criminal and civil Causes in the Tourns County-Courts even by vertue of their Dignities and Offices as our Sheriffs are now in which Courts they did instruct the people in the Laws of the Land and administer Justice
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
against Judge Thorp should be brought into the Parliament and there read openly BEFORE THE LORDS to have every of their advice concerning it whether this Iudgement were legal or not et nullo contradicente all the Lords affirmed the judgement to be legal and good considering that he against his Oath received Bribes And therefore it was agreed by all the Lords that if the like case should hereafter happen the King might take to him such Nobles as he should think meet and therein do according to his pleasure Provided this judgement should not be drawn into example against any other Officers who should break their Oaths but only against those qui praedictum Sacramentum fecerunt of Justices et fregerunt et habent leges Regales Angl. ad custod Here the Lords were sole Judges of the Judge who was a Commoner and gave judgement against him without the Commons yea declare the Law in this new case both in and out of Parliament In the Parliament of 21 E. 3. n. 68. The Commons by divers Bills complained to the Lords of divers extortions grievances prejudices done to the King and Commons by John Wattenham and Walter de Cheriton Merchants who desired the King would command them to come before THE COUNCIL LORDS in Parliament to answer what should be objected and clear themselves In the Parliament of 50 E. 3. n. 17 18 19 20. The Commons accused Richard Lyons Merchant of London of divers deceits extortions and misdemeanors whiles he was farmer of the Customs and last subsidy for transporting wools and staple Commodities procuring new Impositions on staple ware for buying debts from the Kings Creditors at under rates and making the King to pay the whole for taking of bribes and defrauding the King To some of which charges he answered and to the rest submitted himself to the King touching Body Lands and Goods Whereupon THE LORDS adjudged him to prison during the Kings will that his lands tenements and goods should be seised to the Kings use that Commissions should issue throughout all England to inquire of his Extortions whiles farmer of the subsidies and that he should be disfranchised Upon this Judgement in the Fine Roll of 50 E. 3. m. 19 21 22. there issued out writs for the arresting and selling the goods of Richard Lyons to the Kings use which were his on the 19 of March certis de causis coram Nobis et Concilio nostro in praesenti Parliamento nostro propositis c. per Concilium in Parliamento The same Parliament 50 E. 3. n. 31 32. William Ellis of great Yarmouth was accused by the Commons of sundry extortions whiles he was Deputy Farmer of the kings subsidie to Richard Lyons To which he seemed sufficiently to answet yet was BY THE LORDS adjudged to prison and to make a fine at the Kings pleasure Ibidem Num. 33. Iohn Peach of London was impeached by the Commons for procuring a license under the Great Seal that he only might sell sweet wines in London by colour whereof he took 4 s. 4 d. of every man for every Tun thereof sold which he justified he lawfully might doe Notwithstanding JUDGEMENT was given against him by THE LORDS that he should be committed during the Kings pleasure and make recompense to all parties grieved Num 37. Adam de Bury was accused of divers deceits and wrongs done by him whiles Mayor of Callice and Captain of Bellingham Being sent for to come to the Parliament he came not nor could he be found Thereupon the Lords agreed that all his goods and chattels should be arrested and so they were All these Commons were first impeached by the Commons and thus judged and censured by THE LORDS in this GOOD PARLIAMENT as Historians and others stile it And in the Commons petitions therein there are divers Petitions of Grievances from sundry Counties Towns persons complaining of wrongs and grievances presented to the King and Lords for redresse of oppressions extortions Monolies c. In the Parliament of 1 R. 2. n. 41 42 43. Dame Alice Pâ—etrees was brought before THE LORDS by Sir Richard Scroop Knight and there charged for pursuing matters at the Court contrary to an Order made in the Parliament of 50 E. 3. n. 35. and procuring King Edward to restore Richard Lyons to his lands and goods c. she denied she pursued any such thing for singular gain against that Ordinance whereupon diverse Officers Counsellers and Secretaries of king Edward 3. were examined against her who proved she made such pursutes and that for private gain in their conceits Whereupon the Lords alone without the Commons gave Iudgement against her that she should be banished according to the order aforesaid and forfeit all her Lands Goods and Tenements to the King The same Parliament 1 R 2. n. 32 33. The Lords committed William Fitz-Hugh Goldfiner and Citizen of London to the Tower for refusing to averr a Petition exhibited by him in the name of the poor Commonalty of that mystery complaining against John Chichester and John Bolcham of the same mystery of divers oppressions done by them to the said Commonalty In this very Parliament of 1 R. 2. n. 38 39 40. The Commons prayed that all those Captains who had rendred or lost Castles or Towns through default might be put to answer it in this Parliament and severely punished according to their deserts BY AWARD or Judgement OF THE LORDS and BARONS to eschew the evil examples they had given to other Governors of Towns and Castles Whereupon Sir Alexander de Buxton Constable of the Tower was commanded to bring BEFORE THE LORDS IN PARLIAMENT William de Weston and Lord of Gomynes both of them Commoners on Friday the 27 of November to answer such Articles as should be surmised against them on the Kings behalf Being brought BEFORE THE LORDS in full Parliament they were severally articled against at the command of THE LORDS by Sir Richard le Scrop Knight Steward of the Kings House and their several Articles and answers to them in writing read before THE LORDS Which done the Constable was commanded to bring them again before THE LORDS on Saturday next ensuing being the 20 of November on which day it was shewed unto them severally by the said Steward by THE LORDS COMMAND That THE LORDS OF THE PARLIAMENT whose names are particularly mentioned in the Roll had met together and considered of their respective answers and that IT SEEMED TO THE LORDS AFORESAID that the said William had delivered up the Castle of Onâ—herwycke to the Kings enemies without any duress or want of victuals contrary to his allegiance and undertaking safely to keep it and therefore the Lords above-named sitting in full Parliament adjudge you to death that you shall be drawn hanged But because our Lord the King is not informed of the manner of the Judgement the execution of it shall be respited till the king be thereof informed After which Judgement given
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
rather by the King with the Lords assent in Parliament or by Indictment in the Kings Bench as Sir Edward Cook himself confesses and proves by the Cases of Segrave St. Amand and others Placitae In Parliamento Dom. Regis 33 E. 1. The Bishop of Winchesters Case Pas 3 E. 3. coram Rege Rot. 9. attached for a contempt in departing from the Parliament during its sitting without the Kings license and contrary to the Kings inhibition in contempt of the King who pleaded that this contempt ought to be corrected and amended in Parliament by the Peers and not else where in any inferiour Court. 3 E. 3.19 Fitz Corone 161. Stanford f. 153 3 and 4 Phil. and Mar. B. R. rot 39. is most clear by 31 H. 6. n. 45 46. where special fines are taxed on absent Lords by the Lords assent Therefore the Commons House cannot fine or tax their Members as now they doe since they never did it before this act and therefore are prohibited by it which restrains them to ancient usage before it In 7 R. 2. The Lord Thomas Camoyes a Peer of the Realm being elected Knight of the Shire for Surrey by the Freeholders of the County the King himself discharged him by special Writ and commanded the Sherif to cause another fit person to be elected in his place as I formerly proved p. 139 145. I read in Thomas of Walsingham that King Richard the 3. in the 11 year of his reign intending to call a Parliament summoned all the Sherifs of England to Nottingham Castle inquiring of them What power they could raise for him in every County against the Barons and charging them ut ipsi nullum Militem dâ— Pago vel Schira permitterent eligi nisi quem Rex et ejus Concilium elegissent who it seems gave them a list of the Names of those persons they should elect and return as the Major Generals have newly done Whereunto the Sherifs answered That all the Commons favoured the Lords neither was it in their power to raise any Army or Forces in this cause De Militibus eligendis dixerunt Communes velle tenere consuetudines usitatas quae volunt quod à Communibus Milites eligantur Whereupon they were dismissed Upon this the King soon after issuing out Writs to the Sherifs to elect Knights and Burgesses for the Parliament inserted this unusual Clause into them that they should chuse such Knights as were most fit and discreet and in the modern debates between the king and Lords most indifferent as the Writs themselves attest Rex Vic. Kanc. salutem quia de avisamento Consilii nostri pro quibusdum arduis urgentibus negotiis nos statum et defensionem Regni nostri Angliae ac Ecclesiae Anglicanae contingentibus quoddam Parliamenâ—um nostrum apud Westm in crastino purificationis beatae Maâ—iae prox futur teneri Ordinavimus et ibidem vobiscum ac cum Praelatis Magnatibus Proceribus Regni nostri Angliae colloquium habere tractatum tibi praecipimus firmiter injungentes quod de Comitatu tuo duos Milites gladiis cinctos magis idoneos et discretos Com. praed et in debatis modernis magis indifferentes c. T. R. apud Wyndesore xvii die Dec. Per ipsum Regem But the King being soon after informed by his Council that these Writs were contrary to the antient form of elections and contrary to the Liberty of the Lords and Commons hitherto obtained sent out new writs to all Sherifs of England to revoke and repeal this Innovating Clause before the Elections made Rex Vic. Kanc 〈…〉 licet nuper per breve nostrum inter caetera tibi praecâ—pimus firmiter injungentes quod de Comitatu tuo duos Milites gladiis cinctos magis idoneos et discretâ—s Com. prad et 〈◊〉 debatis â—dernis magis indifferentes eligi 〈…〉 Parliamentum nostrum quod apud Westm in Crist 〈◊〉 purifiecationis bâ—atae Mariae proâ— futur tenâ—re Ordiâ—avimuâ— ad eâ—sdem idem 〈◊〉 veâ—ire facereâ— Nos tamen attendentâ—s dictam clausulam in debatis modernis magis indifferentes contra formam electionis antiquitus usitatae ac contra libertatem Dominorum et Communitatis Regni nostri Angliae hactenus obtentam existere Volenâ—esque proinde praedictos Milites libere eligi modo et forma prout antiquitus fieri consuerit Tibi praecimus firmiter inâ—ungentes quod de Com. tuo praedicto duos milites gladiis cinctos magis idoneos discretos Com. praedicti prout hactenus fieri consuevit eligi eos ad pradictos diem locum venire fac dicta clausula non obstante caeteraque omnia et singula in dicto brevi nostre contenta fac exequaris juxta tenorem ejusdem dictam clausulam penitus omittens Et habeas ibi hoc breve et aliud breve T. R. apud Westm primo die Jan. Per ipsum Regem et Consillum Consimilia brevia diriguntur singulis Vicocomitibus per Angl. Ac carissimo Aqunâ—ulo R. Johanni Regi Castell et-Legionis Duci Lancastr vel ejus Cancellar in eodem Ducatu sub eadem daâ—a A clear evidence that neither the Sherifs nor Commons house had any power to repell this new Clause but the King himself which here he did by his Councilâ— Apples before any complain against it in Parliament In the Parliament of 16 R. 2. n. 6. c. The Wednesday after the Parliament began Sir Philip Courtney returned by the Sherif of Devon for one of the Knights for that County came before the King in full Parliament and said that he understood how certain people had accused and slandered him to the King and Lords as well by Bill as by mouth of heinous matters and therefore prayed to be discharged of the said imployment until the said accusations and complaints were tried and found true or not true and because his said prayer seemed honest to the King and the Lords the King granted him his request and discharged him in full Parliament and the Monday following at the instance and prayer of the Commons the King granted that he should be restored and remitted to his place according to the return of the said Sherif for to counsel and doe that which belonged unto his office and afâ—er because he had been good and treatable with those who had complained upon him and condescended to a good treaty he was restored in full Parliament to his good fame The charge against him is expressed in the same Parliament roll n. 13 14. where two Petitions are preferred against him to THE KING and LORDS IN PARLIAMENT for putting Thomas Pontyngdon forciblyout of possession of the Maâ—or of Bygeloge without just cause and Richard Somestre out of other lands detaining them from them he being so powerfull in the County that no poor man durst to sue him Which Petitions were referred by consent in Parliament to certain Arbitrators to determine In the Parliament of 4 H.
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
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
Lords gave him remedy by a Writ out of the Chancery Claus 14. E. 2. m. 12. in the Schedula there is a Judgement in Parliament by King Lords and Council touching the Abby of Abingdon and a composition formerly made between the Abbot Prior and monks thereof reversed nulled because inconvenient Claus 14. E. 2. m. 17. dorso there is a case concerning a reprisal brought by appeal out of the Chancery into the Parliament before the King Lords and Council and there heard and decided And Claus 15. E. 2. there are many cases and Writs touching Reprises In the Parliament of 1. E. 3. there were many Judgements given in sundry civil cases upon petitions To the King and his Council by the King Lords and Council extant in the bundle of Petitions and Claus Rolls of that year and those things that were proper for the Courts of Law and Chancery were referred to them to be there ended Claus 1. E. 3. m. 1. Upon the petition of Alice Gill and Robert Carder to the King Council and Parliament that they buying Corne in Abevil in France to transport to London it was arrested by the Baily of St. Valeric to the value of one hundred pounds at the suit of Will de Countepy of Crotye in Picardy and delivered to him against their wills because the Ship of the said Will was taken upon the Sea by the men of Bayon which ship the petitioners finding in the port of London had arrested by writ out of the Chancery directed to the Sheriffes of London until the said hundred pounds was paid them by the Merchant the King and Council ordered upon their petition that the ship might not be discharged till the 100 l. was satisfied that a Writ should be directed out of the Chancery to the Sheriffes of London to do Justice upon the contents in the Petition according to the Law of Merchants The like case of Reprise upon the Petition of Hugh Samson is in 1. E. 3. rot 5. In Claus 1. E. 3. part 1. m. 10. There is a Judgement given by the Lords and Council for the Bishop of Durham touching the Liberties and Royalties of his Bishoprick against the Kings revocation where in sundry Petitions and answers in former Parliament under King Edward the 2d are rehearsed wherein hee could have no right Mem. 12. there is a Judgement given by the Lords and Council in Parliament for the Bishop of York his prisage and preemption of wines next after the King in the Port of Hull and in Claus 1. E. 3. Pâ— 2. m. 11. Claus 4. E. 3. m. 9. remembred in the year Book of 6. E. 3. f. 50. So Claus 2. E. 3. m. 20. in Schedula there is Placitum in Parliamento before the King and his Council of the Dean and Chapter of Litchfield touching their Title to Camock Claus 14. E. 3. part 1. m. 41. Upon the Petition of the Bishop of Carlisle it was resolved by the Lords and Council in that and sundry other Parliaments in the Reign of this King and his Father non esse â—uri consonum that Churches and other things spiritual annexed to Archbishopricks and Bishopricks should belong to the King and Gardians of the temporalties but to the Gardians of the spiritualties and so ordered accordingly yea so was it resolved upon the Petition of the Bishop of Winchester to the King and his Council in the Parliament of Claus 1. E. 3. rot 9. dorso Where coram Rege et Magno Concilio concessum est et concordatum quod custodâ—s temporalium Episcopatus non se intromittant amplius temporibus vacationum hujusmodi fructibus Ecclesiarum de Estanmer Hamoldan annexed to the Bishoprick of Winchester In the Parliament of 14. E. 3. Sir Geoffry Stantens case upon his Petition to the King and Lords in Parliament the Justices of the Common Pleas came with the record of his case which had long depended before them in the Court of Common Pleas which being read and debated in the presence of all the LORDS Justices and others of the Kings Council their assistants in this case of Law they resolved that the Sonne being a stranger might aver that his Father who levyed the fine had nothing in the Lands and that the Wife in this case could not vouch her Husband And thereupon a Writ under the great Seal was sent to the Judges by the Lords order to give judgement accordingly Claus 35. E. 3. m. 40. A villain commits fellony and is attainted after that the Lord had seised his goods whereupon his goods were prized and seised on for the King notwithstanding the Lords seisure upon a Petition in Parliament It was resolved by the Lords and Council that it was just the goods should be restored to the Lord if they were not seised fraudulently to prevent the Kings seisure of them And a Writ of Restitution was thereupon awarded per ipsum Regem et per Petitionem in Parliamento In the 6. year of King Richard the 2d it was agreed between the Duke of Lancaster and the Scots in the Marches that for the benefit of both parties ut â—de caterâ— ipsi nee Anglici vexarenâ—ur per tot labores expensas sed singulis annis certi utriusque gentis destinarentur ad Parliamentum Regni utriusque qui et injurias acceptas proferrent in medium emendas acciparent secundum quantitatem damuâ—rum per Judicium Dominorum here the Lords both in the Parliament of England and Scotland are made sole Judges of injuries and dammages done by Scots or English upon one another in the Marches Quia vero Scoti ad Parliamentum Londoniis Anno 1383. supersederunt venire juxta conductum insuper damna interim plura Borealibus praesumpserunt inferre c. decretum est per Parliamentum ut frangenti fidem fides frangatur eidem Et concessae sunt Borealibus commissiones congregandi virtutem exercitus Scotis resistendi damna pro damnis inferendi quoties contingeret Scotos irrumpere vel hostili mâ—re partes illas intrare In the Parliament of 4. H. 4. n. 9. Upon the complaint of Sir Thomas Pomeroy and his Lady against Sir Philip Courtney and others forcible entry into several Lands and Mannors in the Country of Devon The King and Lords adjudged that the said Sir Thomas should enter into the said Mannors and Lands if his entry were lawful or bring his Assize without all delayes at his election In the Parliament of 5. H. 4. n. 41 42 43 44. in a case concerning Mannors and certain Lands in the County of Cornwal between the Prince and John Cornwal and the Countesse of Huntington his wife the King and Lords gave Iudgement that the Prince should â—e restored to the said Mannors and Lands being parcels of the Dutchey of Cornwal and that the Prince after seisin had should regrant them unto them which was done accordingly in Parliament In 6 H. 4 n. 28. Upon the Petition of
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
these 2. deposed Kings these 2. inferences have been made 1. That the Commons have a joynt interest with the Lords in the Judicature and Jugements in Parliament 2. That the Proceedings against our late condemned beheaded King are justifiable and warranted by them I answer that neiâ—her of these 2. Consequences are proved by them For 1. The Commons themselves in this Parliament of 1 H. 4. n. 79. immediately after King Râ—chards deposition confess That the Judicature and Judgements of Parliament belong only to the King and Lords not to the Commons 2ly The Commons neither in nor out of Parliament are may or ought to be the Judges of the meanest Lord or Peer of the Realm who are to be judged tried by their Peers alone as I have abundantly evidenced in the premises Much less then can they be lawful Judges of their Soveraign Lord and King who is a degree above all the Peers of highest dignity In the Parliament An 1260. Prince Edward as I have proved before would be tried only by 2. Kings because all the rest of the Earls and Barons were not his Peers neither could they be his Judges much less then can Peers or Commons be their Kings Judges Peers to ondemn or try him 3ly Our Law-books resolve That the King hath no Peers in his own Realm and Therefore he can neither be legally tried nor judged by the Peers themselves much less by the Commons in Parliament 4ly The Lawes of Hoel Dha King of Wales about the year 940. Lex 20. resolve Rex non poterit secundum legem in lite stare coram Judice suo agendo vel respondendo per dignitatem naturalem yea all the Lords and Commons of England in the Parliament of Lincoln Anno 29. E. 1. in their forecited Letter to the Pope p. 128. resolve That the Kings of England Ex praeeminentia status suae Regiae dignitatis ex consuetudine cunctis temporibus observata neque responderunt neque respondere debebant coram aliquo Iudice Ecclesiastico vel seculari supâ—r juribus suis in regno c. Much less then may or ought they to be put to answer criminally for their lives or Crowns before any Ecclesiastical or Temporal Judge Peers or Commons House or High Court of COMMONS 5ly The Statutes of 16 R. 2. c. 5. and of 25 H. 8. c. 19.21 thus declare resolve and the Archbishop of Canterbury in the Parliament of 16 R. 2. n. 20. protested against the Popes pretended Supremacy That the Crown of England hath been so free at all times that it hath been in subjection to no Realm or Person but immediatly subject to God and to none other in all things touching the Regality of the said Crown And the Statutes of 25 H. 8. c. 19 21 22. 26 H. 8 c. 1.3 27 H. 8. c. 15. 28 H. 8. c. 7.10 31 H. 8. c. 10.15 32 H. 8. c. 22.24 26. 33 H. 8. c. 29. 35 H. 8. c. 1.3.17 19. 37 H. 8. c. 17. 1 E. 6. c. 2. 1 Eliz. c. 1. 8 Eliz. c. 1. 3 Jac. c. 3 4. declare and enact The King to be the only Supreme Head Governor upon Earth both of the Church Realm of Engl. both of which recognize no Super or under God but only the King To affirm then that the Lords or Commons in Parliament may lawfully judge depose the King and deprive him of his Crown Regalities Head Life is to contradict repeal all these Statutes since the inferior Members can no more legally judge the Supreme head of the body politick than the head of the body natural or the Courrs in Westminster hall or Hundred Courts judge the High Court of Parliament and condemn repeal their Acts or Judgements 6ly Though Articles were drawn up against these two Kings pro forma yet neither of them was ever required or judicially summoned to make answer to them or heard or brought to trial before the Lords or Commons Barr or any other Tribunal or Court of Justice Whence the Bishop of Carlisle protested against it as most illegal unjust and trayterous Therefore neither the Lords nor Commons could be properly said their Iudges in this case and their Judgement without hearing or trial of them must needs be most erronious as well as Mortimers and the Earl of Arundels forecited 7ly The Lords and Commons resignation of their Homage to these 2. Kings when deposed shew that even then they esteâ—med them their Superiors Lords Homage being the most honourable and humble service that a franktenant may do to his Lord the tenant being ungirt his head uncovered kneeling down on both his knees before his Lord sitting covered and holding up his hands joyntly together between his Lords and the Kings hands when he doth his homage saying I become your man from this day forward of limb and of earthly worship and unto you shall be true and faithfull and bear faith for the tenements I hold of you And when done to any other Lord it is with a Saving the faith I owe unto our Soveraign Lord the King and his Heirs 8ly The Sentences of Deposition against them were given only by the Legislative power not JUDICIAL by way of Bill consented unto in the Parliament house by the Lords and Commons then sent to these Kings to their prisons and there read unto them by Committees and Proxies representing all the Estates in Parliament Therefore the reading of them to these Kings in their prisons was not properly a judgement neither did it constitute them who read it to them their Judges much less create the Commons Judges of these Kings 9ly All the Lords Spiritual Temporal and Commons concurred joyntly in this Act of resigning their Homage to these Kings to whom they were all joyntly obliged and in whom they had all a common interest Et quod tangit omnes ab omnibus debet approbari Therefore it is no warrant for the proceedings against our late King without the consents and against the Express Votes of the whole House of Lords and of the Majority of the Commons house 10ly The Lords alone without the Commons gave Judgement for the close and perpetual imprisonment of King Richard the 2. therefore they were his sole and proper Judges by way of Sentence his deposition being by the Legislative not Judicial power 11ly These Kings especially the later of them had no sentence of deposition nor proceedings against them til they had through fear or pusillanimity first resigned their Crowns and kingship as unfit to reign or govern any longer which was made the principal ground of their subsequent declaratory depositions by the Lords and Commons when they had reduced themselves into the condition of private men by their resignations These presidents therefore cannot justifie the late proceedings against an actual lawful hereditary King by a small party of the Commons house alone without the House of Peers or the Majority of their fellow-Members who never resigned his
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
Writs to divers Officers Governours and Ministers of divers other Citees and to many Shires and Burroughs of the seid Realm to make fals untrue and injust proclamations against our seid Soveraign and Liege Lord K. Ed. the 4th by the name of Ed. late E. of March to provoke and excite his destruction And also by his Letters signed with his hand directed unto the seid Dukes of Excester and Somerset and other Lords refused and denied to keep and observe the seid accord convention and agreement and by the same writing falsifying his promise departed from the same Convention and accord afore either the same our Soveraign Lord or the seid noble Prince his Fader any thing did or attempted to the contrary of the same convention and concord for their partie Be it declared and juged by the seid advis assent and authorite the premises considered that the seid Usurper Henry late called Henry the sixth agenst good faith troth conscience and his honour brake the seid Convention and concord and departed therefrom of wilfull malice long afore the seid fourth day of March as by the matters afore declared it appeareth sufficiently And that the breche thereof on his partie discharged our seid Soveraign Lord of all things that should or might charge him to the keeping thereof in any Article or point after the seid breche And that he was then at his freedom and liberty to use his said right and title of the seid Crownes and to enter into the exercise thereof and of the Royal power dignite and preheminence longing thereunto as he lawfully did in manere and fourm above specified the seid convention and concord and the Acte thereupon made or any thing therein conteined notwithstanding And over this it be declared and juged by the seid advis assent and authorite that the seid agreement concord and Act in all things which been in any wise repugnant or contrary to the seid right title entree state seasen and possession of our Soveraign Lord King Edward the fourth in and to the Crown Royal estate dignite and Lordship above said be void and of no force ne effect And that it be Ordeyned and stablished by the seid assent advis and authorite that every person having any parcel of the seid Castles Manors Lands Honours tenements rents services possessions or hereditaments aboveseid the which were given in exchange or in recompence of or for any other Manors Castles lands tenements rents advowsons fee-farms reversions or any other possessions or enheritaments given to the seid Henry late Earl of Derby to the seid Henry his son late called King Henry the fifth or to the seid Henry his son late called King Henry the sixth or to any other person or persones to or for their or any of their use at their or any of their desire or to perform execute their or any of their wille mowe entre And that they and their heirs and successors entre into the same Manors Castles Lands tenements rents services possessions advowsons or hereditaments so given And them have hold keep joy occupy and inherit of like estate as the giver or givers thereof had them at the time of the gift thereof made though it be so that in any of the Letters Patents or gifts made of any of the premises no mention be made of any recompence or eschange Qua quidem petitione in Parliamento praedicto lecta audita plenius intellecta de avisamento assensu Dominorum Spiritualium Temporalium in eodem Parliam existen ad requisitionem Communitatis praedictae respondebatur eidem modo forma hic Inferius annotatis The King by the advice and assent of the Lords Spiritual and Temporal in this present Parliament assembled at the request of the Commyns being in the same agreeth and assenteth to this Petition and it accepteth with certain moderations provisions and exceptions by his Highness thereupon made and in schedules written and in the same Parliament delivered the tenours of which hereunder follow c. Convenit cum Recordo This Judgement censure repeal in full Parliament of the deposition and proceeding against King Richard the 2. upon the Commons own Petition by this Act never yet reversed as most wicked treasonable unrighteous against Gods Laws and Mans crying for vengeance in Gods hearing in heaven and exemplarily punished upon the whole kingdom Nation and Henry the 4. his posterity on earth with the sad intestine warres miseries that attended it are sufficient arguments of its unlawfulness detestableness against all those who deem it just or allege it for a president to justifie their extravagances of a more execrable and transcendent Nature 16ly It is very observable that Roger Mortimer Earl of March who had the chief hand in deposing murthering King Edward the 2. after he was deposed was in the Parliament of 4 E. 3. condemned and executed for it as a Traytor without any legal trial all his lands confiscated and Queen Isabel her self who concurred with him like to be questioned for her life and abridged in her maintenance Moreover King Richard the 2. Granchild and next heir to King Edward the 3. who imprisoned deposed and invaded his Fathers throne though somewhat against his will was imprisoned deposed proceeded against in the self same manner as Edw. the 2. was by his very president and soon after murdered like as Edw. the 2. was by King Henry the 4. After which king Henry the 4. his Granchild Henry the 6. was also in the self same manner imprisoned deposed attainted of high Treason with his Queen and Adherents in the Parliament of 1 Edw. 4. n. 8. to 33. and at last murdered by Edw. the 4. his procurement to secure the Crown to himself and his Posterity Yet no sooner was King Edw. the 4. dead but his own Brother Richard Duke of Gloucester who by his instigation murdered King Henry the 6. with his own hands procuring himselâ— to be Protector of his son King Edw. the 5. then young getting his Brother and him into his custody by treachery perjury and hypocrisie caused them both to be barbarously murdered to set the Crown on his own head which he most ambitiously aspired after yet seemed unwilling to embrace till enforced to accept it by a Petition and Declaration drawn up by his own Instruments presented to him in the name of the Lords Spiritual and Temporal and Commons of the Realm of England wherein he branded his Brother king Edw. the fourth his marriage as illegal and his issue as illegitimate aspersed his Life and Government as one by whom the Laws of God of Gods Church of the Land and of nature and also the laudable Customs and Liberties of England wherein every English man is inheritor were broken subverted contemned against all reason and justice So that the Land was ruled by self-will and pleasure fear and dread all manner of Equity and Law laid apart and despised so that no man was sure of
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
House is a stronger argument to prove them no Court at all at least of Judicature than their adjournment or prorogation of themselves to evidence them to be a distinct Court from the House of Lords Should I here subjoyn to the premises all the cases extant in the Lords Iournals and Parliament Records evidencing the Lords real Jurisdiction proceedings and Judicature in civil causes in the reigns of King Ed. the 4. Richard the 3. Henry the 7. and 8. Queen Mary Queen Elizabeth King Iames and King Charles I should be over tedious to the Readers I shall therefore only trouble you with 2 cases more In the Parliament of 18 Elizabeth there arose a question about place and precedency in the case of the Lord de la Ware upon debate thereof in the Lords House ALL THE LORDS except the Lord Windesore ADIUDGED that he should have place next after the Lord Wilâ—oughbie of Erisbe And the Lord Keeper was appointed to acquaint the Queens Majesty with this determination of the Peers and to know her pleasure concerning the same In the last long Parliament Pasch 20 Caroli this cale of Note and Consequence was adjudged by the Lords against the late resolutions of some Judges touching the Jurisdiction of the Admiralty Court between Fairfax and le Gay and Mr. Johns a London Merchant In Lent Vacation 1638. Mr. Iohns libelled in the Admiralty against one Hooper for 26000 weight of Barbadoes Tobacco sold to him at St. Maloes in France in partibus transmarinis infra jurisdictionem Admiraltatis Angliae by one Bâ—les factor to Hooper for fraight due unto him by Hooper for his Ship called the William and Anne whereof Iohns was owner without alleging that this sale and contract was made super altum mare Fairfax and le Gay became sureties for Hooper in the Admiralty Iohns had a sentence against Hooper in the Admiralty upon this Libel who soon after became a Bankrupt Whereupon Fairfax and le Gay his sureties appealed to the Delegates to avoid the sentence and execution against them and then moved in the Kings Bench for a Prohibition to stay the sute suggesting the contract to be made at St. Maloes upon the land and not super altum Mare and so not within the Jurisdiction of the Admiralty Upon which they procured a rule to stay the Proceeding Whereupon Johns petitioned the House of Lords for relief against this rule and that the Delegates might proceed to give sentence upon the Appeal that so he might have execution against the sureties Hooper being a Bankrupt for above one hundred thousand pounds and all his estate sold so as his debt would be wholly lost if he should be deprived of the benefit of his sentence to which the sureties were liable Upon his Petition this point in Law amongst others whereon the hinge of his case turned was argued at the Lords Bar by Mr. Serjeant Rolls Mr. Maynard for Fairfax and le Gay and by my self for Johns Whether the Admirals Court had any true antient legal Jurisdiction of Contracts made at St. Maloes and other parts beyond the Seas between Merchants and Mariners touching their Merchandise and marine affairs upon the Land as well as on the Sea The Sureties Counsel argued confidently they had not upon the Statutes of 13 R. 2. c. 5.15 R. 2. c. 3. 2 H. 4. c. 14. and the Presidents cited in Sir Ed. Cooks 4 Instit. p. 124. and c. 22. of the Court of Admiralty and in Hubberts Reports â— 331 But I argued to the contrary and clearly proved by the Laws of Oleron Lex 1 2 6 8 9 10 15 16 22 23. made in the reign of King Richard the 1. Anno 1190. ratified under the Seal of that Island by that King confirmed and used by Henry 3. Edw. 1. and practised ever since as the Law of the land in the Court of Admiralty as Sir Edward Cook himself asserts and by the notable Record of 22 E. 1. in Cooks 4 Institutes p. 142 143 144. and Seldens Mare Clausum l. 2. c. 28 f. 275. the Black Book of the Admiralty the Parliament Roll of 4 H. 4. n. 47. for confirmation of the Laws of Oleron 1. That the Admiralty in all ages since King Rich. the 1. â—ill the making of these Statutes and ever since till Hill 2 Jacobi C. B. between Tomlinson Plaintif and Philips Defendant had held Jurisdiction of such contracts between Merchants and Mariners made upon the land in forein parts as well as on the Sea as the Marshal had always used to hold plea of Contracts and deeds of Arms Warr Treasons Murders and Felonies out of the Realm which cannot be determined by the Common Law And that without any Prohibiâ—ion granted to stay the proceedings in all that large tract of time both before and since these Statutes 2ly That these Acts were made only to restrain the Admirals Incroachments of Jurisdiction in Contracts Pleas Quarels other things made or done by Landor Water within the Bodie of the Counties of this Realm or in any Port Harbor Haven or Creek within the Counties the Conusance whereof properly belonged to the Kings Courts or to the Courts of Cities Burroughs and other Lords and to confine them only to such contracts and things within the Realm whereof the Sea is a part being under the Kings Dominion and Lordship as are made or done upon the Sea not upon the Land oâ— Water in any Haven Port River Creek within the precinct of any County but not to debar them in the least degree of their antient undoubted jurisdiction they always had and exercised de Jure without complaint or restraint in contracts of Merchants and Mariners made upon the Land in forein parts beyond the Seas of which the Kings Common Law Courts and the Courts of other Cities Burroughs Ports Lords never had nor could have the least Jurisdiction since out of the Realm and no Jury de Vicineto could be thence awarded or summoned to try the Contract in England which I proved by the Parliament Rolls and Commons Petitions whereon these Statutes were grounded being most express in point as 13 R. 2. Rot. Paerl n. 41.14 R. 2. n. 37.15 R. 2. n. 30.2 H. 4. n. 89.4 H. 4. â— 47.11 H. 4. n. 61. compared with 27 E. 3. c. 13.2 R. 2. c. 4.32 H. 8. c. 14.5 Eliz. c. 5.27 Eliz. c. 27. which so interpret it and by most of the Cases cited by Edward Cook in his Chapter of Admiralty extending only to contracts made within the body of any County within the Realm not in any forein parts on the Land or Sea without or beyond the Realm whereof the Comon Law Courts had never Jurisdiction before Sir Sir Edw. Cooke was Chief Justice and that by a meer fiction and false contradictory surmise contrary to truth reason Justice Law and the Letter of Charterparts and Contracts themselves viz. that they were made at St. Maloes Burdeaux Sevil
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]
Exod. 40. Numb 1 3 4. 1 Chron. c. 23. c. 25.25 26. Numb 25.13 Heb. 5.4 * Mar. ◠†Isa 61 1. c. 65.1 Ioâ— 20 21. Heb. 5.4 5. * Mar. 10. Lu. 9.10 Mar. 28.19 20. Iohn 20.21 1 Cor. 1.17 Gal 1 1. Acts 8. â— 14 15. [c] Case Polit l. 3. c. 2. Bodin de Repub l. 2. c. 2 3. Joan. Mariana de Rege Regum Instit l. 1 c. 3 4. [d] See M. Seldens Titles of Honor. * See Mar. 2.2 Rom. 13.1.2 Exod. 18.25 26. Num. 1.4 to 20. c. 7.2 c. 10.4 c. 23.6 c. 27.2 c. 32.2 Iosh 9.15.19 1 Sam. 23.3 4.9 2 Sam. 10.3 1 Chron. 13.1 c. c. 23.2 c. 28.1 2 Chro. 1 2 3. c. 5.3 4. c. 23.1 c. 20. c. 29 30. c. 30.1 2 c. c. 32.3 c. 34.29 [e] Arist Polit. l. 1. Bodin de Repub. l. 1. c. 2 3 4 5. Dr. Field of the Church l. 1. c. 1 2. Seldens Titles of Honour l. 1. c. 1. sect 3. Gen. 23.6 c. 10.9 10.31 32. Exod 21.15 17. Deut. 21.18 19. * Psal 47.2.6 7.8 Psalm 29.10 Psalm 95.3 to 8. Isay 4â— 15 Ierem. 10.7 Ephes 4.6 Heb 12.9 * 2 Kings 17.20 21 22. * Cook 4 Instit c. 1. p. 1. c. Seldens titles of Honour part 2. ch 5. Cambd. Brit. * see 38 H. 6. n. 35. * Num. 32.1 to 38. Josh 22.23 to 31. Esth 9.27 28.31 32. 1 Sam. 20.42 Jer. 35.2 to the end 2 Sam. 21.7 Prov. 22.28 c. 23.10 1 Sam. 30.24 25. Deut 19.14 c. 27.17 Josh c. 13. to ch 23. See Littleton Fitz-Herbert Brook Ashe Tit. Warranty Obligation Covenant c. †Josh 9.15 to the end 2 Sam 21.1 to 15. Gen. 50.25 c. 13.19 Iosh 24 32. 1 Sam. 20.42 2 Sam. 21.7 (l) See M. Edwards his Gangraena part 3. p. 142. to 162. * Lambardi Archaion Bromton Spelman * Hist c. 1. * In August 1647. sundry Months following much more then since most of them secured and secluded by the Army in Decem. 1648. ever since together with the whole House of Lords (g) 31 H. 8. c. 10. See Mr. Seldens Titles of Honour Cassanaeus Catalogus Gloriae Mundi Alanso Lopez in Nobiliario and others who write of Nobility Cambd. Britan. of the Nobility and Courts of Justice in England and the texts of Scripture p. 6. * 8 H. 6. c. 7. 10 H. 6. c. 2. 32 H. 6. c. 15. Cromptons Iurisd p. 1 2.3 Cook 4 Instit c. 1. (h) Cook 4 Instit c. 1. p 1.10 Modus tenendi Parliamentum Cromptons Iurisdiction of Courts tit Parliament Mr. Seldens Titles of Honour par 2. c. 5. See the Abridgement of the Records of the Tower (i) 33 H. 6.16 Br. Parliam 4. 39 E. 3.7.35 11 H. 7.27 Br. Parl. 107. 4 H. 7.18 7 H. 7.14 Cromptons Jurisd f. 9. Cook 4 Instit p. 15.35 Fortesc f. 20. Dyer 92. Judge Huttons Argument of Mr. Hamdens case p. 22 23. * Mr. Seldens Titles of Honor part 2. ch 5. p. 717. * 4 Instit p. 12. (i) Spelman Concil p. 194. (l) Spelman Ibid. p. 219. (m) Spelman p. 318. (n) Hist p. 870 (o) 1 Instit f. 168. (p) Titles of Honor part 2 c. 5. sec 3. p 614 â—15 c. (q) Titles of Honor part 2 c. 5. sec 2 3 4 5. (r) Glossarium tit Comites Comitatus * Truth triumphing over Falshood An Historical Collection of the Great Councils and Parliaments of England 2 3 Part of a Legal and Historical Vindication c. * King Johns Magna Charta in Mat. Paris p. 247. * Proeme ch 2 14.1â—.37.38 (Å¿) Mar. Paris An. 1255 p. 884 885. Daniel p. 172. (t) Mr. St. Johns Speech concerning Shipmony p. 33. 1 H. 4. n. 21.22 25 30. (u) Chron. p. 389 390. * An Exact Collection part 1. p. 36. to 56. 5. * See Cook 4 Instit p. 12. for the Antiquity for the Authority of this treatise which in truth is meerly spurious See Seldens titles of Honour p. 613.738 to 743. (1) An. 1132. (2) An. 1134. p. 400. (3) His Catalogue of Bishops of Carlisle (4) Graftons Stows Catalogues of the Maiors of London * Graftons chroh p. 348.350 * That in the Modus Tenendi Parl. touching the Kings absence from the Parliament was grounded on this passage therefore writ after (b) Mat. Paris p. 96 67. Mat. Westm an 1164 Hoved. annal pars poster p. 499. Chron. Gervasii col 1385 1386. Antiq. Eccles Brit. p. 122. Radulf de Dicero Imagines Hist col 536. Fabian Holinshed Grafton Speed Daniel (c) Chronica Gervasii col 1433. (d) Annal. pars posterior p. 518. (e) Roger de Hoveden Annal pars post p. 544. (f) Hoveden p. 546. Antiq. Ecclesias Brit. p. 94 95. (g) Hoveden Annal. pars post p. 548. (h) Hoveden P. 551. (i) Hoveden annal pars poster p. 561. to 566. Mat. Paris p. 127. [k] Hoveden p. 560. [l] Chronica Gervasii col 1522. Hoveden p. 642. [m] Hoveden p. 641.556.653 [n] Annal. p. 643. * Ch. 1. Sect. 2. p. 8 9. * Ch. 3. Sect. 3. * But no Commons of which he speaks not a word they having then no being or place in them * M. St. Johns Argument at Law at Straffords attainder Daltons Office of Sheriffs * Therefore their exclusion thence is Ex Abysso Nequitiâ— from the abyss of Injustice and Iniquity * Nota. (z) Judge Huttons Argumeâ— of Mr. Hampdens case p. 32 33. Daltons office of Sherifs Mr. St. Johns Argument at Law at Straffords Attainder published by the Commons special Order in which he at large asserts The Kings and Lords undoubted right to sit and judge in Parliament and that it is high Treason to exclude them by force of Arms. * 33 H. 6.17 Brooke Parliament 4 Cromptons Jurisdiction of Courts f. 8. Mr. Hackwel of the manner of passing Blls in Parliament * Clause 49 H. 3. m. 10. dors in schedulâ— Cromptons jurisdiction of Courts f. 1. (b) Instit 4. p. 10. This is their only end and trust none other as the Writ and its retorn attest not to imprison destroy the King Realm Church and Parliament of England it self and those very Cities Burroughs which elected them under pretext of a new Government and more equal representative the very Jesuits plot and Levellers design * Clause 4 E. 3. m. 41.32.27.19 dors 5. E. 3. part 1. m. 25.7 6 E. 3. Dors claus part 2. m. 36.4 Cromptons Iurisdiction of Courts f. 1. †See the Freeholders grand Inquest and my Historical Collection where this is largely proved * Dyer 61 62. Cook 5. Report f. 90 91 94.120 121.1 Rep. f. 111.173 19 H. 8 9. Br. executors 3.15.11.7.12 * See my legal Vindication against illegal Taxes p. 3.4.44 to 51. And this Lilburn himself expresly asserts in part in his Letter or Epistle to the Speaker Mr. Lenthal June 8. 1658. p. 34.39 to 59. * Cook 4. Instit c. 1 * See my Irenarch redivivus * Exact Collection p. 508.
the King wherein he accused Sir William Cogan knight for extorting 300 l. by menaces from the Prior of St. Iohns Sir William appearing upon Summons prayed Counsel which was denied for that it concerned Treason whereupon he pleaded Not Guilty After which the same Parliament n. 46. to 61. The Mayor Baylifs and Commonalty of Cambridge were accused before the King and Lords that in the late insurrection they confederating with other Malefactors did break open the Treasury of the University of Cambridge burn sundry Charters of the University and compel the Chancellor and Scholars under their common Seal to release to the said Mayor and Burgesses all manner of Liberties real and personal actions and also to become bound to them in great sums of money Whereupon special writs were directed to the Mayor Baylifs and Commonalty to appear in Parliament to answer the premises The Mayor and Baylifs appear in person and plead that they 〈◊〉 not privy to any such act but if any thing was done it was by compulsion by others which the Kings learned Counsel disproved whereupon they pleaded Not Guilty The Commonalty appeared by Attorney and delivered in the Release and Bond of the University complained of under their Seal which were ordered to be cancelled After which the Chancellor and Scholars of the University exhibited Articles against the Mayor and Baylifs shewing their whole carriage and discourse in this tumult Upon reading whereof it was demanded of them in the Kings behalf What they could say why their Liberties lately confirmed should not be seised into the Kings hands as forfeited They thereupon required a Copy of the Articles Councel and respite to answer To the Copy of the Bill it was answered by the Lords that seeing they had heard it read it should suffice for by Law they ought to have no Copy For Councel it was said That to such articles if any were wherein Councel was to be had they should have it otherwise not Wherfore they were then appointed to answer to no crime or offence but only to their Liberties To which they answered by their Council That this Court ought not to have any Conusance or Jurisdiction of them for certain causes then alleged But at last they were ordered to say what they could otherwise they would give Iudgement against them as those who had nothing to say Whereupon they pleaded they did nothing but by Duress and constraint of the Rebels At last after many dilatory shifts touching their Liberties they wholly submitted themselves to the Kings mercy and grace saving their answer to other matters The KING therefore by the assent of the Prelates and Lords in Parliament â—o is the Rolâ— seised their Liberties into his hands as forfeited and by assent of the Lords and Prelates in Parliament granted to the Chancellor and Scholars the Assise and correction of bread weights measures and forestallers and fines thereof within the Town and Subâ—rbs of Cambridge which the Townsmen had before The King Lords and Prelates being Judges and giving the Judgement in this case of Commoners as the record a â—ge attests Walsingham relates that in a Parliament holden at London this year about the feast of St. John upon the Petition of the knights of Shires John Straw Captain of those in the insurrection at Bury and Myldenhale tractationi et suspentioni ADJUDICATUR to wit by the King and Lords licet multi putassent eum fuisse pecunia redimendum In the 7. year of R. 2. Rege vocante congregati sunt multi de Nobilibus Regni apud Rading to restrain the seditious motions of John de Northampton late Mayor of London qui ingenia facinora nisus est de quibus et convictus est ibidem his familiar Clerk accusing him both of divers practises and designes projected by him as well to the prejudice of the King as of the whole City of London and objecting them against him When Judgement was to be given against him in the Kings presence he pleaded that such a Judgement ought not to be given against him in the absence of the Duke his Lord whereby he raised a sinister suspition as well in the people AS NOBLES against the Duke of Lancaster The Justice who was to pronounce the Judgement told him He ought to refute his charge by Duel or by the Laws of the Realm to submit himself to drawing hanging and quartering At which when he stood mute and said nothing DECRETVM EST ut perpetuo carceri tradiretur et eâ—us bona regis usibus confisâ—arentur ut Londonias non appropinquaret per centum miliaria in vita sua whereupon he was sent prisoner to Tyntagel Castle in Cornwall and his goods seised on by the Kings Officers In the Parliament of 7 R. 2. holden at Westminster the Monday next before the feast of All Saints num 17. Bryers Cressingham and Iohn Spicâ—worth Esquires were accused before the LORDS for surrendring the Castle of Drinkham in Flanders to the kings enemies for money without consent of the kings Lieutenant Spickworth proved that the same was not in his custody and thereupon he was discharged Cressingham pleaded that he yeelded the same upon necessity without money and submitted himself to the Lords order who thought this no good cause and therefore committed him to prison The same Parliament n. 24 25. Sir William de Elinsham Sir Thomas Trivet Sir Henry de Ferriers and Sir William Farnden knights and Robert Fitz-Ralph Esquire were accused before the Lords in Parliament for selling the Castle of Burburgh with all the arms ammunition and provisions therein to the French the kings enemies for sundry summs of gold received by them of the French without authority from the king or his Lieutenant who pleaded they surrendred it for salvation of themselves and their people c. After all their excuses made they were upon consideration adjudged insufficient by the Lords and the Chancellor by their order pronounced this Judgement against them That they should repay all the monies they received from the Enemy to the King be committed to prison ransomed at the Kings will and moreover that Sir Will. de Farnden being the greatest Offender should be at the Kings mercy both for body and goods to do with them as he pleaseth In this Parliament there was a Duel fought between John Walsh an English Esquire and one of Navarr who accoused him of Treason against the King and Realm effectually but yet falsly out of envy Walsh having layen with his wife whiles he was under Captain of Cherburgh as he afterwards confessed This Dueâ— was fought within the lists in the presence of the King and Nobles of the Realm where this Navarrois being vanquished by Walsh REGALI JVDICIO tractus et suspensus est quanquam Regina et plures alii pro eo preces sedulas porrexissent In the 2. of Parliament of 7 R. 2. n. 13.10 19. John Cavendish a Fishmonger of London praying Surety of the peace
Sautre being condemned of Heresie in the Convocation by Archbishop Arundel and the Clergy thereupon by order and advice of the Temporal Lords without the Prelates who must not have their hands in blood though they gave the Sentence that he should be burned or the Commons there issued out a Writ to the Sherifs of London for the burning of Sautre as an Heretick accordingly burnt thereon being the first writ of this Nature issued by the Lords alone in the Kings name before the Statute of Heresie was made and passed in this Parliament In the same Parliament of 2 H. 4. n. 30. The Temporal Lords by assent of the King adjudged and declared Sir Ralph Lumly Knight and others Traytors for levying war in sundry parts to destroy the K. his people and that they should forfeit all their lands in fee goods and chattels though they were slain in the field not arraigned nor indicted by reason thereof In the Parliament of 4 H. 4. n. 19 20 21. Sir Philip Courtney being complained against and convicted of a forcible entry into Lands and for a forcible imprisonment of the Abbot of Mâ—nthaem in Devonshire and two of his Monks was upon hearing and examination adjudged by the King and Lords to be bound to his good behaviour and for his contempt committed to the Tower of London prisoner Anno 1403. Henry Percy the younger confederating with Thomas Percy Earl of Worcester to raise forces â—nd rebel against the King sent Letters to the people of every County propositum quod assumpserant non esse contra suam ligeantiam et fidelit tem quam regi fecerant nec ab aliunde exercitum congregasse nisi pro salvatione personarum suarum reipublicae meliori guvernatione Quia census et Tallagia Regi concessa pro salva regni custodia covertebantur ut dixerunt in usus indebitos et inutiliter consumebantur praeterea querebantur quod propter aemulorum dilationes pessimas rex eis insensus fuerat ut non auderent personaliter venire ad ejus praesentiaem donec Praelati regnique Barones regi supplicassent pro eisdem ut coram Rege permitterentur declarare suam innocentiam per Pares suos legaliter justificari Plures igitur visis his literis collaudabant tantum virorum solertiam extollebant fidem quam erga Rempublicam praetendebant Having raised great forces against the King by this means which the kings forces encountred at Shrewsbury in a pitched battel Henry Percy and sundry of his adherents were there slain in the field and the rest routed For which levying of war in the Parliament of of 5 H. 4. n. 15. the said Henry Percy and his Coâ—federaâ—es were declared and adjudged Traytors by the King and Lords in full Parliament and their Lands goods and chaâ—tels confiscated In the same Parliament n. 18. At the Petition of the Commons The Lords â—enâ—ed and ordered that the Kings Confessor the Abbot of Dore Mr Richard Durham and Crosby of the Chamber should be removed out of the Kings house and Court whereupon 3. of them appearing before the King and Lords in Parliament the King though he excused them yet charged them to depart from his house for that they were hated of the people In the Parliament of 13 H. 4. n. 12 13. The Lord Roos complained against Robert Thirwit one of the Justices of the Kings Bench for withholding from him and his Tenants Common of Pasture and Turbâ—ry in Warbie in Lincolnshire and lying in wait with 500 men for the Lord Roos Thirwit before the King and Lords confessed his fault and submitted himself to their Order who appointed 3. Lords to end the difference who made an award between them that Thirwit shouâ—d confess his fault to the Lord Roos crave his pardon and tender him amends In the Parliament of 5 H. 5. n. 11. Sir John Oldcastle knight being outlawed of Treason in the Kings bench and excommunicated before the Archbishop of Canterbury for Heresie was brought before THE LORDS and having heard his conviction made no answer nor excuse thereto Upon which Record and Process THE LORDS ADJUDGED that he should be taken as a Traytor to the King and Realm carried to the Tower of London from thence drawn through the City to the new Gallows in St. Gyles without Temple-barr and there hanged and burned hanging which was accordingly executed Sir Iohn Mortymer knight being committed to the Tower upon supposition of Treason done against King Henry the 5. in the 1. year of H. 6. brake out of the Tower for which breach he was indicted of Treason being afterwards apprehended he was brought into the Parliament of 2 H. 6. n. 18. and upon the same Indictment then confirmed by assent of Parliament JUDGEMENT was given against him BY THE LORDS that he should be carried to the Tower drawn through London to Tiburn there to be hanged drawn and quartered his head to be set on London-bridge and his four quarters on the four Gates of London In the Parliament of 38 H. 6. n. 20 2â— 22. Sir William Oldham knight and Thomas Vaughan Esquire were attainted of Treason by the LORDS and in the Parliaments of 1 E. 4. n. 19. to 31. 4 E. 4. n. 28. to 38. â—4 E. 4. n. 34. to 40. sundry Knights Esquires Citizens and Commoners are attainted of Treason by the Lords for levying warr and holding forts against the King then after by Bill whose names are overtedious to reherse which you may peruse at leisure in the Exact Abridgement of the Records in the Tower To omit all other presidents of this Nature in the reigns of King H. 7.8 Ed. 6. Qu. Mary and Qu. Elizabeth of Commoners censured in and by the Lords house in Criminal causes upon impeachments complaints petitions which those who please may find recorded in the Journals of the Lords house I shall recite only some few Presidents more of late and present times In the Parliaments of 18. 21 Iacobi Sir Giles Mompesson and Sir Iohn Michel upon complaints and impeachments by the Commons for promoting Monopoliâ—s Corruption and other Misdemeanors were fined imprisoned by Judgement of the Lords House and Sir Giles degraded of his knighthood In the Parliament of 3. Carolâ— the Commons impeached Roger Manwaring Dr. of Divinity for preaching and printing Seditious and dangerous Sermons and sent up this Declaration against him to the Lords June 14. 1628. For the more effectual prevention of the apparent ruine and destruction of this kingdom which must necessarily ensue if the good and fundamental Laws and customs therein established should be brought into contempt and violated and that form of government thereby altered by which it hath been so long maintained in peace and happiness And to the honour of our Soveraign Lord the King and for the preservation of his Crown and Dignity the Commons in this present Parliament assembled do by this their Bill shew and
declare against Roger Manwaring Clerk Dr. in Divinity that whereas by the Laws and Statutes of this Realm the Free Subjects of England doe undoubtedly inherit this right and liberty not to be compelled to contribute to any tax tallage aid or to make any Loans not set or imposed by common consent by Act of Parliament and divers of his Majesties loving Subjects relying upon the said Laws and Customs did in all humility refuse to lend such sums of mony as without authority of Parliament were lately required of them Nevertheless he the said Roger Manwaring in contempt and contrary to the Laws of this Realm hath lately preached in his Majesties presence two several Sermons That is the 4. day of July last one of the said Sermons and upon the 29. day of the same moneth the other of the same Sermons Both which Sermons he hath since published in print in a Book entituled Religion and Allegeance and with a wicked and malicious intention to seduce and misguide the conscience of the Kings most excellent Majesty touching the observation of the Laws and Customs of this kingdom and of the rights and liberties of the Subjects to incense his royal displeasure against his good Subjects so refusing to subvert scandalize and impeach the good Laws and Government of this Realm and the Authority of the High Court of Parliament to avert his Majesties mind from calling of Parliaments to alienate his royal heart from his people and to cause jealousies sedition and division in the kingdom He the said Roger Manwaring doth in the said Sermons and book perswade the kings most excellent Majesty First That his Majesty is not bound to keep and observe the good Laws and Customs of the Realm concerning the rights and liberties of the Subjects aforementioned and this his royal will and command in imposing loans taxes and other aids upon his people without common consent in Parliament doth so far bind the Subjects of this Realm that they cannot refuse the same without peril of eternal damnation Secondly That those his Majesties loving Subjects which refused the loan aforementioned in such manner as is before recited did therein offend the Law of God against his Majesties supream authority and by so doing became guilty of impiety disloyaltâ—e rebellion and dis-obedience and lyable to many other taxes and censures which he in the several parts of his book doth most fasly and malitiously lay upon them Thirdly That authority of Parliament is not necessary for raising of aids and subsidies that the slow proceedings of such assemblies are not fit for the supply of the urgent necessities of the estate but rather apt to produce sundry impedimenâ—s to the just designs of Princes and to give them occasion of displeasure and discontent All which the Commons are ready to prove not only by the general scope of the same Sermons and books but likewise by several clauses aspersions and sentences therein contained and that he the said Roger Manwaring by preaching and publishing the Sermons and book aforementioned did most unlawfully abuse his holy function instituted by God in his Church for the guiding of the consciences of all his servants and chiefly of soveraign Princes and Magistrates and for the maintenance of peace and concord betwixt all men especially between the King and his People and hath thereby most grievously offended against the Crown and dignity of his Majesty and against the prosperity and good government of this estate and Commonwealth And the said Commons by protestation saving to themselves the liberty of exhibiting of any other accusation at any time hereafter or impeachment againg the said Roger Manwaring and also of replying to the answers which he said Roger shall make unto any of the matters contained in this present bill of complaint and of offering further proof of the premises or of any of them as the cause according to the course of the Parliament shall require Do pray that the said Roger Manwaring mâ—y be put to answer to all and every the premisses and that such proceeding examinatâ—on trial judgement and exemplary punishment may be thereupon had and executed as is agreeable to Law and Justice On June the 14 1628. the Lords sending a message to the House of Commons that they were ready to give judgement against Manwaring if the House of Commons would demand it Thereupon they went with the Speaker up to the Lords House having agreed he should demand judgement in these words which he then used at the Lords Bar The Knights Citizens and Burgesses of the House of Commons have impeached Roger Manwaring of sundry misdemeanors and your Lordships having taken consideration thereof they doe now by me their Speaker demand judgement against them Which upon reading his impeachment and full proof thereof out of his Sermons in his presence was done accordingly The Judgement was given and pronounced by the Lord Keeper all the LORDS being in their Robes and Manwaring at the Bar it was delivered in these words Whereas Roger Manwaring Doctor in Divinity hath been impeached by the House of Commons for misdemeanors of a high nature in preaching two Sermons before his Majestie in Summer which since are published in print in a Book intituled Religion and Allegiance and in another Sermon preached in the Parish of St. Giles in the Fields the 4th of May last And their Lordships have considered of the said Manwarings answer thereunto expressed with tears and grief for his offence most humbly craving pardon therefore of the Lords and Commons yet neverthelesse for that it can be no satisfaction for the great offence wherewith he is charged by the said Declaration which doth evidently appear in the very words of the said Sermons their Lordships have proceeded to judgement against him and therfore this High Court doth adjudge First That Dr. Manwaring shall be imprisoned during the pleasure of the House 2ly That he de fined at 1000 l. to the King 3ly That he shall make such submission and acknowledgement of his offences as shall be set down by a Committee in writing both at the Bar and in the House of Commons 4ly That he shall be suspended for the time of 3 years from the exercise of the Ministery and in the mean time a sufficient preaching Minister shall be provided out of his living to serve the Cure this suspension and this provision of a preaching Minister shall be done by the Ecclesiastical Jurisdiction 5ly That he shall be for ever disabled to preach at the Court hereafter 6ly That he shall be hereafter disabled to have any Ecclesiastical dignity or secular Office 7ly That his said Book is worthy to be burnt and that for the better effecting of this his Majesty may be moved to grant a Proclamation to call in the said Books that they may be all burnt accordingly in London and both Universities and for the inhibiting the permitting therof upon a great penalty Here we have a most direct president where the whole House of Commons