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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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Monarchy Royalty Principality Nobility yea Titles of Honour and Nobility as Kings Princes Dukes Lords c. are of Divine institution Col. 1.16 Rom. 13.1 2. Eph. 3.10 yea as antient almost as the world it self universally received approved among all Nations whatsoever under heaven and honoured with special privileges as not only all eminent Authors and experience manifest but these ensuing Scripture Texts Gen. 12.15 c. 14. ● to 10. c. 17.6.16 c. 20.2 c. 21 22 23. c. 25.16 c. 26.1.8.26.26 c. 36.15 16 17 18 29 30 31 to 43. c. 9.1 2. c. 41.40 to 47. c. 47.22 26. Exod. 1.8 Numb 20.14 c. c. 21.1 18 21 33. c. 22.7.10.14 15 40. c. 23.17 c. 2 3 10. c. 16.2 c. 27.2 c. 32.2 Deut. 17.14.15 16. Josh 1.16 17 18. c. 5.1 c. 5.1 c. 8 9 10 11 12. Judg. 9.6 18. 1 Sam. 8.5 9. 2 Sam. 11.2 1 Kin 4.34 c. 10.15 23 29. c. 20.19 c. 23.22 Iob 3.14 c. 36.7 Psal 2.2.10 Psal 62.12.14.29 Ps 72.10 11. Ps 102.15 Ps 136.17 18. Ps 138.4 Prov. 8.15 16. Prov. 30.31 Eccl. 10.16 17. Judg. 3.5 c. 16.8 1 Sam. 5.11 c. 29.2.6 7. Jer. 25.18 to 27. Dan. 4.36 c. 5.9 10 13. c. 6.27 Mat. 8.9 Mar. 6.21 c. 10.42 1 Cor. 8.5 Rom. 13.1 2 3 4. 1 Tim. 2.1 2 Tit. 3.1 2. 1 Pet. 2.13 14 15. Acts 9.27 which I wish our Sectaries Levellers and Lilburnists to consider and study with the others forecited it will be a meer folly and madnesse in any man to prove Antipodes to this institution of God Nature Nations to run quite contrary to all men and to level the head neck shoulders to the feet the tallest Cedars to the lowest Shrubs the roof of every building to the foundation stones the Sun Moon Stars Heavens to the very Earth center and even men themselves to the meanest beasts I shall therefore conclude with Saint Pauls serious admonition which these refractory persons have quite forgotten Rom. 13.1 2.3 Let every soul be subject to the higher Powers for there is no power but of God the powers that be are ordained of God whosoever therefore resisteth much more oppugneth abolisheth the Power resisteth oppugneth abolisheth THE ORDINANCE OF GOD. and they that resist oppugne or endeavour to abolish these powers shall receive to themselves DAMNATION for Rulers are not a terrour to good works but to the evil wherefore YE MUST NEEDS BE SUBJECT NOT ONLY FOR WRATH but likewise FOR CONSCIENCE SAKE And for this cause pay you tribute also for they are Gods Ministers attending continually on this very thing Render therefore to all such just higher Powers the●ues tribute to whom tribute custom to whom custom fear to whom fear HONOUR to whom HONOUR IS DUE which Saint Peter likewise seconds almost in the self same words which you may doe well to peruse and study 1 Pet. 2.12 to 20. and then you will never dare to question or dispute any more the Power Judicatory Privileges of the Right Honourable House of Peers much lesse to Revile and Libel against their lawfull power persons Judicature as now you doe to the infinite Scandal of your Schismatical faction and Religion it self which you professe only in shew but deny in deeds and practice I shall close up this Plea with these ensuing Presidents of Power given by Act of Parliament to the Lords of the Kings Council to answer those Petitions and redresse those grievances which were not answered nor redressed sitting the Parliament after the Parliaments themselves were ended and that at the Commons special requests Parl. 15 H. 6. n. 33. I●e● lavantdir 27 iour de Marcz un au●●e petition fuist baillez a nostre Seignior le Roy en mesme le Parlement per les Comunes dicel le tenour de quell petition ey e●suit● Please au Roi nostro Soverayn Seignior considerer comet plusours petitions ount estez baillez et exhibitez a vestre tresnoble ha●tesse par les Comunes de cest present Parliament pur ent avoir covenable remedie et unquore ment determin●z d'ordenier per advis des Seigniors Esperituelx et temporelx assent des Comunes avantaitz que les ditz petitions purront estre deliveres a les Seigniors de vestre tressage Counseill lez que●x appellez a eux les Justices et autres gentz aprisez en v●stre ley si besaigne y foit aiant poair par auctoritee du dit Parlement p●r entre cy et la fest del Nativite de Seint Johan Baptiste prouohein avenir doier et terminer les dites petitions et que Ycelle ensi terminez del advis et assent suis ditz pu●runi estre enactez enrollez et mys de Recorde de mesme vestre Parlement La quell petition lev en mesme le Parlement et entenditz del advis et assentdes Seigniors Espirituelx temporelx en le die Parlement adonqes esteantz fuit restonduz a icell en manere ensuant Le Roi le voet Et postea videlicet vicessimo sec●ndo die Junii tunc proxime sequenti omnes et singulae Petitiones quae Domino nostro Regi per Comunes Parliamenti praedicti pro congruo remedio inde auctoritate ejusdem Parliamenti habend libertatae et exhibitae minimeque ante dissolutionnem Parliamenti praedicti determinatae fuerunt certis Dominis de Consilio Regis subscriptis videlicet carissimo Avunculo Regis Humfrido Duci Gloucestriae ac venerabilibus patribus Johanni Archiepiscopo Ebor. Johanni Bathon et Wellen Cancellario Angliae Willielmo Lincoln Episcopo necnon et Radulpho Cromwell Militi Thesaur Angl. Waltero Hungerford Militi et Magistro Willielmo Lyndwode Custodi privati figilli Dom. Dom. Regis apud Westm. in Camera stellata preatextu auctoritatis praedictae aexhibitae fuerunt et libertatae qui quidem Domini appellatis sibi prius Justiciariis ac aliis peritis in lege tam communes quam spirituales Petitiones subscript de petitionibus antedictis coram eos legi fecerunt easque auctoritate praed in forma qua in indorsamento earundem Petitionum continetur determinaverunt quarum quidem petitionum tenores una cum responsionibus earundem inferius hic sequuntur The like was enacted and done in the Parliaments of 1 H. 6. n. 21. 4 H. 6. n. 21. 8 H. 6. n. 45. 8 H. 6. n. 69. Since then the Lords at the Commons request were thus au●horized to be Judges Answerers Reformers of their Petitions and Grievances in Parliament which could not be there answered redressed during the Parliaments sitting even after those Parliaments determined much more must they be the only proper Judges Answerers and Redressers of them in our Parliaments whiles they continued sitting and those who are proper Judges of their Petitions and Estates in Parliament must by the self-same reason be admitted to be the proper Iudges of their persons likewise in all cases proper for Parliamentary Conusance maugre all pretences to the contrary A Supplement to the
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 M●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 ●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 Co●federa●es were declared and adjudged Traytors by the King and Lords in full Parliament and their Lands goods and cha●tels confiscated In the same Parliament n. 18. At the Petition of the Commons The Lords ●en●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 Turb●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 shou●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 2● 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. ●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 Monopoli●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. Carol● 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
Realm of Englond which therefore hath suffered the charge of intollerable persecution punicion and tribulation whereof the like hath not been seen or heard in any other Christian Realm by any memory or Record Then being on Live the said Edmund Mortymer Earl of March son and heir of the said Roger son and heir of the said Philip daughter and heir of the said Leonel the third Son of the said King Edward the third To the which Edmund after the decease of the said King Richard the right and title of the same Crown and Lordship then by law custom and conscience descended and belonged and of right belongeth at this time unto our said Liege and Soveraign Lord King Edward the fourth as Cousin and heir to the said King Richard in manner and form abovesaid Our said Soveraign and Liege Lord King Edward the fourth according to his right and title of the said Crown and Lordship after the decease of the said right noble and famous Prince Richard Duke of York his fader in the name of Jesu to his pleasure and loving the fourth day of the Month of March last past took upon him to use his right and title to the said Realm of Englond and Lordship and entred into the exercise of the royal estate dignity preheminence and power of the same Crown and to the reign and governance of the said Realm of Englond and Lordship And the same fourth day of March amoved Henry late called King Henry the sixth son to Henry son to the said Hen. late E. of Derby son to the said John of Gaunt from the occupation usurpation intrusion reign and governance of the same Realm of Englond and Lordship to the universal comfort and consolation of all his Subgetts and Liegemen plentevously joyed to be amoeved and departed from the obeysance and governance of the unrightwise usurpour in whose time not plenty Pees Justice good governance pollicy and vertuouse conversatien but unrest inwa●d warr and trouble unright wiseness shedding and effusion ●f innocent bloud abuse of the Laws partiality riot extortion murder rape and vitious living have been the guiders and leaders of the noble Realm of Englond in antient time among all Christian realms laudably reputed of great honour worship and nobly drad of all outward Lands then being the lau●ier of honour prowess and worthiness of all other Realms in the time of the said usurpation fallen from that renown unto misery wretchedness desolation shamefull and sorrowfull decline And to live under the obeysance governance and tuition of their true right wise and natural Leige and Soveraign Lord. The Commons being in this present Parliament having sufficient and evident knowledge of the said unrightwise usurpation and intrusion by the said Henry late Earl of Derby upon the said Crown of Englond knowing also certainly without doubt or ambiguity the right and title of our said Soveraign Lord thereunto true and that by Gods Law Mans Law and the Law of Nature he and none other is and ought to be their true right wise and natural Liege and Soveraign Lord. And that he was in right from the death of the said Noble and famous Prince his Fader very just King of the said Realm of Englond And the said 4. day of March in lawfull possession of the same Realm with the royal power preheminence estate and dignity belonging to the Crown thereof and of the said Lordship take accept and repute and will for ever take accept and repute the said Edward the fourth their Soveraign and liege Lord and him and his heirs to be Kings of Englond and none other according to his said right and title And beseech the same their said Liege and Soveraign Lord King Edward the fourth that by the advice and assent of the Lords Spiritual and Temporal being in this present Parlement and by authority of the same his right and title to the said Crown afore specified be declared taken accepted and reputed true and rightwise the same right and title to abide and remain of Record perpetually by the said advice assent and authority And that it be declared and judged by the said advice assent and authority that the said Henry late Earl of Derby for the said rearing of warr against the said King Richard then his Soveraign Lord and the violent taking imprisoning unrightwise usurpation intrusion and horrible cruel murder of him agenst his faith and ligeance wickedly and unjustly offended and hurted the Royal Majesty of his said Soveraign Lord. And that the same Henry unrightwisely agenst Law conscience and custom of the said Realm of Englond usurped upon the said Crown and Lordship And that he and also Henry late called King Henry the fifth his son and the said Henry late called King Henry the sixth the son of the said Henry late called King Henry the fifth occupied the said Realm of Englond and Lordship of Irelond and exercise the governance thereof by unrightwise intrusion and usurpation and in none other wise And that the taking of possession and entry into the exercise of the Royal Estate dignity reign and governance of the said Realm of Englond and Lordship of Irelond of our said Soveraign Liege Lord King Edward the fourth the said fourth day of March and the amotion of the said Henry late called King Henry the sixth from the exercise occupation usurpation intrusion reign and governance of the same Realm and Lordship done by our said Soveraign and Liege Lord King Edward the fourth the said fourth day of March was and is rightwise lawfull and according to the Laws and customs of the said Realm and so ought to be taken holden reputed and accepted And over that that our said Soveraign and Liege Lord King Edward the fourth the said fourth day of March was lawfully seised and possessed of the said Crown of Englond in his said right and title and from thenceforth have to him and his heirs Kings of Englond all such Manors Castles Lordships honours lands tenements rents services fees feefarms rents Knights fees advowsons gifts of Offices to give at his pleasure fairs markets issues fines and amerciaments liberties franchises prerogatives escheats customs reversions remainders and all other hereditaments with her appurtenance whatsoever they be in Englond Wales and Irelond and in Caleys and the Marches thereof as the said King Richard had in the feast of Sr. Matthew the Apostle the 23. year of his reign in the right and title of the said Crown of Englond and Lordship of Irelond and should after his decease have descended to the said Edmund Mortimer Earl of March son of the said Roger Mortimer Earl of March as to the next heir of bloud of the same King Richard after his death if the said usurpation had not been committed or after the decease of the same Edmund to his next heir of blood by the Law and custom of the said Realm of Englond the Manors Castles Honors Lordships lands tenements