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A52767 A second pacquet of advices and animadversions sent to the men of Shaftsbury, occasioned by several seditious pamphlets spread abroad to pervert the people since the publication of the former pacquet. Nedham, Marchamont, 1620-1678. 1677 (1677) Wing N403; ESTC R25503 46,011 78

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Homilies the 39 Articles and her Doctrine as it relates either to God Religion or the Civil obedience due to the King and the whole Government of State and the Security of all these by an Oath of Allegeance If his Lordship thought that the Law allowed either Peers or Commons such a liberty of speech why did he bustle so diligently and briskly as I have been told to promote a Bill not long since against the ancient way of Tryal of Peers Every body then smelt a Rat in the Case and smiled at his Lordships wise Providence and his secret intent of speaking and acting beyond Compass upon the open Stage and therefore I did not wonder when I did read afterwards in the Pamphlet intituled Debates and Arguments for Dissolving this Parliament c. which was reported to be his that his Lordship was very angry at the House of Commons for throwing out the said Bill of Trial when it was sent down to them and tells the Commons p. 6. They certainly were grown very high in their own opinion and had a very low esteem for the Lords when they neglected their best friends in the House of Peers and did almost with scorn refuse that Bill intituled For the more fair and equal Tryal of Peers I never saw the Bill yet therefore can say nothing more of it onely I cannot but take notice that in the same page and in many other parts of that Print a through-revenge is plentifully bestowed upon the Honour of the House of Commons Nothing would then serve the Turn but they must be turned out of doors Dissolved and a new one presently call'd an instance clear enough for discovery out of whose Quiver this Arrow of Dissolution was first shot and of great probability who set on the Writers since against the Prorogation to break the neck of this Parliament and in it all the hopes of the Loyal part of the Nation And if that aforenamed were the Print of his Lordship I might reckon up out of it and another Print stitcht to the tail of it the most virulent Scandals that could be raked together to prepare that House for the rage of the Rabble But the Narrator having sum'd up in few words the sence of the Author I leave him here because the Narrative it self will give the House that short Cut by and by In the mean while if freedom of speaking in Parliament and after that of Printing All and more than All that is of more perhaps than was spoken be to be construed and extended at this rate know that the old Customs and Laws Parliamentary in England know no such matter A freedom of speech in Debate is that which every Speaker by ancient Custom after the House of Commons hath chosen him and presented him to the King doth petition for to the King on the behalf of all the Members of that House and it was never yet denied by any of our Kings The Lords also in their House do claim it by Birthright for to what end do they meet if they may not freely debate matters without which 't is impossible to come to any Resolution about them May his hand rot off then that shall write a word against it But withal we are to understand there are Bounds Rules and Laws of speaking in either House of Parliament for the Law of Parliaments ever supposeth that the Members ought to keep within the compass of those Bounds and observe those Rules both as to the matter spoken and the manner of speaking Every Member hath a Right to be heard and heard out what he hath to say but then when he hath done the House to which he belongs hath power to judge whether he hath spoken ill or not and if ill then they are the proper Judges to dispose of him to punishment according to his desert And this the Law supposeth they will always do they being interested and intrusted with such Necessary Power and Priviledge for the good of the King and Kingdom Now this is the Case of the most Noble House of Peers They have as to the committing of the Four Lords to the Tower not done it because they spake for they heard out with great patience what they had to say but because they judged what their Lordships had spoken against the Being of this Parliament was of most pernicious Consequence against the Safety and Good of the King and Kingdom And to say no more of this the House was so unanimous in concurring to their Commitment after a debate and consideration of the matter as will appear upon search of the Books of that House that it was with great odds of number carried by the Temporal Lords alone without reckoning in the Bishops or the number of Proxies And the Narrator himself confesseth this was agreed on after a full Hearing of all that could be said by the four Lords themselves or their few Friends only he mingles many ill-favour'd Reflections and false Insinuations in his Relation NARRATIVE It had been he saith moved also by the Duke of Buckingham that the Opinion of the Judges might be declared in the Point ANIMADVERSION All Reverence be given to the Judges in due time and place This was an arduous Point of a Superlative Nature touching the very Life and Being of a Parliament in a conspiring Factious Season infinitely above those ordinary points of Law touching which that House is wont sometimes to consult my Lords the Judges when their Lordships conceive they have need to consult them But this was so plain a Case to their Lordships that having the Judicatory right and power in their own hands and in so transcendent an Occasion it had been a strange thing to have yeelded to such a Motion merely to gratifie those whom they had judged Offenders Nor was it to be supposed that the Judges would have undertaken to opinionate about so Supreme a Question wherein the Safety of all the Concerns of Crown and State were involved fit onely for the Supreme Judicature to consider NARRATIVE It was the next day urged by some Lords in the behalf of the Four Lords that three several times viz. 1 Hen. 7. 1 Qu. Mary 1 Qu. Eliz. the very same Debate was in Parliament yet no man questioned for moving it ANIMADVERSION Whether those Debates were the same or not let the world judge when as the Narrator himself confesses it was only about the Forms of the Writs that summoned the Parliament that the Question in those days was But this Question made now was about the validity of a Prorogation and the very being of a Parliament after it I do not finde in my Lord Cook 's Treatise about the High Court of Parliament that the length of a Prorogation beyond a Years time can dissolve it or that a small flaw in the Form of the Writ of Summons can invalidate a Parliament But if it were so that it could yet that is not within the Case of this Parliament whose Writ of