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A56189 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 as peers ... / by William Prynne. Prynne, William, 1600-1669. 1659 (1659) Wing P4035; ESTC R33925 413,000 574

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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