Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	erroneous_a	error_n	writ_n	2,062	5	9.6571	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A91243	A plea for the Lords: or, A short, yet full and necessary vindication of the judiciary and legislative power of the House of Peeres, and the hereditary just right of the lords and barons of this realme, to sit, vote and judge in the high Court of Parliament. Against the late seditious anti-Parliamentary printed petitions, libells and pamphlets of Anabaptists, Levellers, agitators, Lilburne, Overton, and their dangerous confederates, who endeavour the utter subversion both of parliaments, King and peers, to set up an arbitrary polarchy and anarchy of their own new-modelling. / By William Prynne Esquire, a well-wisher to both Houses of Parliament, and the republike; now exceedingly shaken and indangered in their very foundations.	Prynne, William, 1600-1669.	1648 (1648)	Wing P4032; Thomason E430_8; ESTC R204735	72,921	83

this to the Lords not only against Peers but Commoners of which there are hundreds of presidents this very Parl Therefore the House of Lords hath the proper right of judicatory vested in them not the Commons who are rather informers prosecutors and Grand-Jury men to inform and impeach then Judges to hear censure or determine Seventhly those who are proper Judges in any Court of justice whiles the cause is judging sit in their * 25 E. 3. c. 2. 20 R 2. c. 3. 6 R. 2. c. 5. 14 H. 6. c. 3. ● R. 2. c. 3. 2 R. 2. c. 10. Robes covered on the bench not stand bare at the bar swear examine the witnesses in the cause not produce them or manage the evidence when the cause is fully heard argue and debate the businesse between themselves and give the definitive sentence But in cases that are to be tried judged in Parl the Lords only sit covered and in their Robes upon the Bench but the Comons stand bare at the Bar the Lords only swear and examine the witnesses and judge of their testimony the Commons only u Coke 4. Instit p. 24. produce the witnesses or presse and manage the evidence and when the businesse is fully heard the Lords only debate the businesse among themselves and give the finall Sentence and Judgment without the Cōmons and that both in cases of Comoners and Peers Therefore the Lords or house of Peers are sole Judges in Parl not the Cōmons And that they are and alwaies have been so de facto unlesse by way of Bil of Attainder or in such extraordinary cases when their concurrence hath been desired I shall prove by most clear and infallible evidence To pretermit the * Mr. Seldens Titles of Honor part 7. c. 5 p. 632 633 705 706. judgment of the Earls Barons in Parl in the case of Earl Goodwin for the murther of Alfred in K. Edw. Conf. reign before the Conquest and the judgment of the Barons the Lords in Parl against Tho Becket Arch-b of Can. in K. Hen. 2. raign cited by M. Selden of which you may chuse the same with the punctuall authority of Andr. Horne in his Mirror of Justices c. 1. § 2. forecited First in Pleas of the Crown and other Common Pleas plainly ●●able in Parl as well between Cōmoners as Peers the Pleas have been exhibited heard and judgement given upon them by the King and Lords joyntly or the King alone by which the Lords assent or by the Lords themselves without the Cōmons as is evident by the Parli Rolls and Pleas in Parl in K. Ed. 1. 2. 3. 4. Ric. 2. Hen. 4. 5. 6. where there are hundreds of instances to confirm it some of them printed in Sir Edw. Cokes 3 Instit c. 1 2. and M. St Johns Argument in Law upon the Bill of Attainder against the Earl of Strafford Secondly in all * 18 E. 1. rot Parl. t. 4 E. 3. n. 13. 21 E. 3. n. 65. 28 E. 3. n. 11 12. 50 E. 3. n. 48. 1 R. 2. n. 28 29 104. 2 R. 2. n. 36 37 31 32 33. Parl. 2. n. 21 to 27. 3 R. 2. n. 19 20 21. 7 R. 2. Parl. 2. n. 23 24. 8 R. 2. n. 14 15. 13 R. 2. n. 15 16. 15 R. 2. 22 23. 17 R. 2. n. 13 14 15 19. 18 R. 2. n. 11 10 16. 21 R. 2. n. 25 55 to 66. 1 H. 4. n. 91. 2 H. 4 n. 47 48. 5 H. 4. n. 40. 6 H. 4. n. 31 61 62. 3 H. 5. n. 19. 10 H. 6. n. 51. Writs of Error brought in Parl by Peers or Cōmoners to reverse any erroneous judgements touching their reall or personall Estates lives or attainders The KING LORDS ONLY ARE JUDGES and the proceedings upon such Writs are ONLY BEFORE THE LORDS IN THE UPPER House secundum Legem co●suetudinem Parliamenti So Sr Ed. Coke in direct terms in his 4. Instit p. 21 22 23. where he produceth divers presidents of such writs of Error out of the Parl Rolls and present experience manifests as much in all the the writs of Error brought this Parl adjudged and determined by the King and Lords alone without the privity of interposition of the Cōmons A truth so clear that Lilburne himself in his Argument against the Lords Jurisidiction confesseth it and the Parl Rolls quoted in the Margine with sundry others resolve past all dispute If then the Lords be the sole Judges in all writs of Error concerning the goods estates free-holds inheritances lives and attainders of the Commoners of England notwithstanding the statute of Magna Charta c. 29. No Free-man shall be taken or imprisoned or disseised of his Free-holder Liberties of Free-customes nor outlawed nor exiled neither will we passe upon him nor condemn him but by THE LAWFUL IUDGMENT OF HIS PEERS c. the grand and principall objection against their Iudicature then by the self-same reason they are and may lawfully proceed against them in all other civill or criminall causes especially breaches of ther own priviledges of which themselves are the sole and only Iudges the cases of Lilburne and Overton properly triable in Parliament Thirdly in all Petitions and complaints against Cōmoners for redresse of grievances the King and Lords are the sole and proper Tuns and Judges not the Cōmoners as appears by all the Parl Rolls in former times wherein we find in the beginning of every Parl some Assistants of the Lords house appointed by them to be receivers of the Petitions of England Ireland Wales Scotland others appointed receivers of the Petitions of Gascoyne other parts beyond the Seas and the Isles of Jersy and Gernsey c. And some Lords appointed tryers of those Petitions who had power given them to call the L d Chancellor Treasurer Steward Chamberlain the Judges Kings Serjeants and others to their assistance prescribing also by what day the Petitions should all be exhibited and the place where they should be examined All particular persons usually presenting all their grievances and petitions immediately to the King Lords without any addresse to the Cōmons by Petitions as now of late there being no Petitions of record in the Parl Rolls addressed immediately and originally to the Commons that I can find And towards the end of the Parl Rolls there is this Title usually The Petitions of the Cōmoners containing all Petitions of the Cōmons house for redresse of publick or particular injuries and grievances presented to the King in the Lords house and answered by the King alone with the consent of the Prelats Counts Barons with which answers the Commons rested satisfied whether granted or denied as ofttimes they were Of which you may read somthing in Sr E. Cokes 4. Instit p. 16. more in the Records themselves Fourthly in all criminal causes in Parl by way of accusation impeachment or indictment the King Lords were the proper Judges as is evident by Placita Coronae coram

Lords who are Freemen of the higest degree may not give judgement against Commoners who are Freemen very learned nonsence we all know that the Lord Chancellour of England Lord Keeper Lord Treasurer Master of the Court of Wards and some of the Iudges of the Kings Courts in Westminster Hall in former times with the Chiefe Iustic●ar and Iustices in Eyre were anciently and of late too as the Earle of Holland and others Peeres of the Realme not Commoners and that all the Peeres of the Realme are in Commissions of Oyer and Terminer and of the Peace yet did wee never heare of any Commoner demurring or pleading thus to any of their Jurisdictions in Chancery Kings Be●ch the Exchequer Chamber Eyres Assises or Sessions Sir I am a Commoner and you are a Peer of the Realme but no Commoner as I am besides you sit here onely in the Kings right doing all in his name and representing his person who is not any Peer but Soveraigne Therefore you ought not to judge my cause not condemne my person nor give any sentence for or against mee it being contrary to Magna Charta which enacts That no freeman should be judged or pressed 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 Lilburne And if Lords and Peers may judge the persons and causes of Commoners in the Cancery Kings Bench Exchequer Court of Wards Eyre and at Assises and S●ssions without any violation of this clause in Magna Charta much more may the House of Peers in Parliament doe it who are certainly Peers to Commoners though Commoners be not Peers to them within the meaning of Magna Charta ch 29. Forthly If the Lords in Parliament cannot meddle with or give judgement in Commoners cause without breach of this clause in Magna Charta then why did b See his Innocency and truth justified Lilburne himselfe sue and petition to the Lords as the onely competent Iudges to reverse his sentence in Star-Chamber and give him dammages 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 expresse violation of this Law then h●mselfe in petitioning the Lords to relieve him against the Starre Chamber Sentence because contrary to this very Law and Chapter of Magna Charta was as great a violation of it as his Starr-Chamber censure and his sentence in Starre-Chamber remaines still unreversed because the Lords examining and reversing of it they being no Commoners as hee is but Peers was Coram non judice and meerly void by the Statute of 25. E. 3. St●t 5. ● 4. because contrary to Magna Charta it selfe as hee now expounds it Let him therefore unriddle and assoyle thi● his owne Dilemma or for ever hold his tongue and pen from publishing such absurdities to seduce poore people as he hath don● and exa●perate them to clamour against the Lords for being more favourable in their censure of him then his transcendent Libels and contempts against them deserved Fifthly This Statute is in the dis-junctive by the Lawfull of his Peers OR BY THE LAW OF THE LAND which this Ignoramus observes not 〈…〉 Now by the● Law of the Land every Inferiour Court of justice may fine and imprison men for contempts and misdemeanors against them and their authority therefore the Lords in Parliament being the highest and supreamed Tribunall may much more doe it and have ever done it even by this expr●●●e clause of Magna Charta the Law and Custome of Parliament as well as they may give c 〈…〉 judgements in writs of Errour againster for Commons without the Commons consent as himselfe ●oth grant Fifthly It is granted by Lilburne that by this expresse Law ●o f●eeman of England ought to be judged or censured but onely by his Peers and that Commoners are no Peers to Nobl●men nor Noblemen Peer● to Commoners Then by what Law of reason dared he to publish to the world d 〈…〉 That the House of Commons are the Su●reme Power within this Realme and THAT BY RIGHT THEY ARE THE LORDS JVDGES certainly this is a Note beyond Ela a direct contradiction to Magna Charta in this very clause wherein hee placeth his strength and subverts his very ground work against the Lords jurisdiction in their censure of him For if the House of Commons be by right the Lords ●udges then by Magna Charta c. 29. they are and ought to bee their Peers and if the Commons bee the Lords Peers then the Lords must bee the Commons Peers too and if so then they may lawfully be his judges even by Magna Charta because here he grants them to bee no other then his Peers Loe the head of this great Goliah of the Philistin Levellers cut off with his owne sword and Magna Charta for ever vindicated from his ignorant and ●●ttish contradictory Glosses on it and to convict him of his Errour in affirming the House of Commons to bee by right the Lords judges I might informe him that Magna Charta it selfe ● 1. 20 and Sir Edward Cooke his chiefe Authour in his commentary on them are expresse against him that in the Parliament of 15. c. 3. ch 2. in print it was enacted That whereas before this time the Peers of the Land have been arrested and imprisoned and their Temporalities Lands and Tenements Goods and 〈◊〉 seised in the Kings hards and some put to death WITHOVT IVDGEMENT OF THEIR PEERS that NO PEER OF THE LAND Officer or other by reason of his office nor of things touching his office nor by other cause shall be brought in judgement to lose his Temporalities Lands Tenements Goods Chattels nor to bee arrested or imprisoned outlawed exiled nor forejudged nor put to answer NOR TO BE IVDGED BVT BY AWARD OF THE SAID PEERS IN PARLIAMENT which Priviledge of theirs was both enjoyed and claimed in Parliament 4. E. 3. n. 14. 15. E. 3. n. 6. 8. 44. 49. 51. 17. E. 3. n. 22. 28. F. 3. n. 7. ●0 16. 10 R. 2. n. 7. 8. c. and sundry other Parliament Rolls e See Cook 4. Instit p. 15. ●7 E. 3. 19. And in 11. R. 2. n. 7. All the Lords in this Parliament as well Spirituall as Temporall claimed this their liberty and franchise that all weighty matters in the same Parliament to be after moved TOVCHING THE PEERS OF THE LAND ought to bee determined and judged and discussed BY THE COVRSE OF THE PARLIAMENT and not by the Civill Law nor BY THE COMMON LAWES used in other inferiour Courts of the Relame The which claime and liberty the King most willingly allowed and granted thereto IN FVLL PARLIAMENT And hereupon in the Parliament of 14. R. 2. n. 13. The King and LORDS without the Commons ADIVDGED the Earledome and Seigniory of Richmond to bee forfeited by reason that Iohn Duke of Br●●tany then

Earle of Richmond adhered to the French against his Allegiance This Paradox therefore of his is against all Statutes Law-Books and Presidents whatsoever and Magna Charta it selfe There is onely one objection more of moment remaining Object 3. which is this If the House of Peers may without the Commons fine and imprison Commoners then if their fine and imprisonment be unjust and illegall they shall bee remedilesse there being no superiour Courr to appeale unto which will bee an intollerable slavery and grievance not to bee indured among free-borne people I answer Answ first that no injustice shall or ought to be presumed in the highest Court of Iustice till it bee apparantly manifested Secondly If any such censure be given the party as in Chancery upon just grounds shewed may Petition the House of Peers for a reveiw and new-hearing of the cause which they in justice neither will nor can deny and if they doe then the party grieved may petition the House ef Commons to interceed in his behal●e to the Peers for a rehearing but to discharge or free any Commoner judicially censured by the Lords I have hitherto met with no President in former Parliaments nor power in the House of Commons to doe it who cannot reverse Euro●ous judgements in any inferiour Courts by writ of Errour but the Lords alone much lesse then the judgements of the Higher House of Peers which is par●mount them Though I conceive the House of Peers being the Superiour Authority and onely Iudicatory in Parliament may relieve or release any Commoners unjustly imprisoned or censured by the Commons house or any of their Committees and ought in justice to doe it or else there will be the same mischiefe or a greater in admitting the House of Commons to bee judges of Commoners if there bee no appeale from them to the Lords in case their sentences bee illegall or unjust Thirdly This mischiefe is but rare Cook 4. instit p. 21 22. 4. ● 3. n. 14. Brook and C●nmptons jurisdiction and all Statutes for repealing former Parliaments Acts Iudgements or Attaindors and you may object the same against a sentence given or Law made in Parliament by the King and both Houses because there is no appeale from it or redresse of it but onely in the next Parliament that shall be summoned by petition And there is a greater greevance in ill publique Acts which concerne many then in ●● judgements which concerne but one or two particular persons which yet cannot be repealed but by another Parliament as the Errours and decrees of one generall Counsell cannot bee rectified or reversed but by and till another Generall Counsell meets to doe it The same mischiefe was and is in Errous Iudgements and Decrees given in the Kings Bench Chancery and illegall commitments there for which there is no reliefe out of Parliament but towait till a Parliament be called Finally Hee that suffers by and under an unjust censure will have the comfort of a good Conscience to support him till he bee relieved and therefore he e Luk. ●1 19. 1 Pet 3. 14. He. ●0 32 33 34. must possesse his soule with Patience and rejoyce under his crosse and not raile murmur and play the Bedlam as Lilburne and his Companions Overton Larner and other Sectaries doe against our f ● Pet. 2. 15. to 21 c. 4. ●6 I●●● 53. Saviours owne precept and example then God in his due season will g Psal 3● 37. 46. relieve right them in a legall way whereas their impatience raving and libellous railing Pamphlets and Petitions not savouring of a Christian meek and humble spirit will but create them new troubles expose them unto just and heavy censures and rob them both of the comfort and glory of all their former suffrings against Law and Right Having answered these Objections I shall now earnestly desire all Lilburnes and Overtons seduced Disciples whether Members or others seriously to weigh and consider the premises that so they may see how grossely they have been deluded abused and misled by these two Ignes fatui or New-lights of the Law and Circumscribers of the Lords and Parliaments Iurisdictions which God knowes they no more know nor understand then Balams Asse as the premises demonstrate and I shall seriously adjure them if they have any grace shame or remainder of ingenuity left in them ingeniously to recant and publiquely to retract all their seditiou● rayling Libels and Scurrilous Invectives against the Lords undoubted Priviledges Iurisdiction and Iudicature which I have here unanswerably made good by undeniable Testimonies Histories Records and the grounds of policy and right reason which they are unable to gaine say to undeceive the many ignorant over-credulous poore soules they have corrupted and misled to the publique destrubance of our Kingdomes Peace Isay 9. 16. and let all their followers consider well of our Saviours caution Mat. 15. 14. If the blinde lead the blinde as these blinde-guides doe you both of them shall fall into the ditch and there perish together O consider therefore what I have here written to undeceive your judgements and reforme your practise consider that Dominion Principality Regality Magistracy and Nobility are founded in the very Law of Nature and Gods owne institution who subjected not onely all beasts and living creatures to the soveraigne Lordship of man to whom hee gave Dominion over them Gen. 1. 28 29. c. 9. 2 3 5. by vertue whereof men enjoy farre greater Priviledges then beasts but likewise one man unto another as i Gen. 3. 16. Exod. 20. 12. Ephes 5. 22. to 30. c. 6. 1. to 10. Rom. 13. 1 2 3. Tit. 3. 1. Col. 3. 20 22. 1 Pet. ● 13 14 18 c. 3. 15. Heb. 13. 17. Iosh 1. 16 17 18. Matth. 8 9. children to their Parents Wives to their Husbands Servants to their Masters Subjects to their Kings Princes Magistrates Souldiers to their Captaines Mariners to their Ship-Masters Schollers to their Tutors People to their Ministers which order if denied or disturbed will bring absolute and speedy confusion in all Families Corporations States Kingdomes Armies Garrisons Schooles Churches and dissolve all humane Societies which subsist by order and subordination onely to one another and seeing Monarchy Royalty Principality Nobility yea Titles of Honour and Nobility as Kings Princes Dukes Lords c. are as ancient almost as the world it selfe universally received approved among all Nations whatsoever under heaven See M●st●r Seldens Titles of honour Dr. Hu●●●●es and others of Nob●l●ty Catane●s C●ologus gloriae mundi and honoured with speciall Priviledges as not only all k● eminent Authours and experience manitest but these ensuing Scripture Texts Gen. 12. 15. c. 14. 1. to 10. c. 17. 6. 16. c. 20. 2. c. 21 22 23. c. 25. 16. c. 26. 1. 8. 26. c. 36. 15 16 17 18 29 30 31 to ●3 c. 9. 1 2. c. 41. 40 to 47. c. 47. 2● 26. Exod. 1. 8. Numb 20. 14 c. c 21 1 1● 21 33. c. 22. 7 10 14 15 40. c. 23. 17. c. 7. 2 3 10. c. 16. 2. c. 27. 2. c. 32. 2. Dent. 17. 14 15 16. Iosh 1. 16 17 18. c. 5. 1. c. 8. 9 10 11 12. Iudg. 9. 6 18. 1 Sam. 8. 5 6. 2 sam 11. 2. 1 Kin. 4. 34. c. 10 15 28 29. c. 20. 16. c. 23. 22. Iob. 3. 14. c. 36. 7. Psal 2. 2. 10. Ps 62. 12 14 29. Ps 72. 10. Ps 102. 15. Ps 136. 17 18. Ps 138. 4. Prov. 8. 15 16. Prov. 30. 31. Eccles 10 16 17. Iudg. 3. 5. c. 16. 8 1 Sam. 5. 11. c. 29. 2 6 7. Dan. 4. 36. c. 5. 9 10 23. c. 6. 27. Mat. 8. 9 Mar. 6. 21. c. 10. 42. 1 Cor. 8. 5. Rom. 61. 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 Lovellers and Lilburnists to consider and study with the others forecited it will be a meer desperate folly and madnesse in any man to prove Antipodes to this instituiion of God Nature Nations to run quite contrary to all meu and to levell the head neck shoulders to the feet the tallect Cedars to the lowest Shru●s the roofe of every building to the foundation stones the Su●ne Moone Starres Heavens to the very Earth and 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 Power for there is no po●er but of God the powers that be are ordained of God whosoever therfore resisteth much more oppugneth abolisheth the Power resisteth oppugneth abolisheth THE ORDINANCE OF GOD and t●ey that resist oppugne or endeavour to abolish these powers shall receive to themselves DAMNATION for Rulers are not a terrour to good workes but to the evill and wherefore YE MVST NEEDS BE SVBIECT NOT ONLY FOR WRATH but also 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 higher Powers their dues tribute to whom ribute custome to whom custome feare to whom feare HONOVR to whom HONOVR IS DUE which Saint Peter likewise seconds almost in the selfe-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 Iudicatory Priviledges of the Right Honourable House of Peers much lesse to Revile and Libell against their persons as now you doe to the infinite Scandall of your Schismaticall faction and Religion it selfe which you professe onely in shew but deny in deed and practise FINIS

3. p. 156 157. where his words contradictions in this kinde are receited at larg as appeares by their severall Petitions and Complaints to them upon sundry occasions heretofore by their resorting to them for Justice against Strafford Canterbury and others Yea John Liburne himselfe till his late quarrell with them not onely acknowledged their very power of Judicature but highly applauded their Justice in his owne cause Petitioning and suing to them not onely for reversall of the sentence against him in Starchamber but likewise for dammages and reparations against his Prosecutors ●leading his cause by his Counsell before them as his proper Judges who thereupon by Judgement of the House vacated the Decree against him as illegall voted him Dammages and passed him an Ordinance for the recovery and levying thereof all which he himselfe both published in sundry of his printed Pamphlets wherein he acknowledgeth and extolleth their Justice Take but one passage for all in his Innocency and Truth justified p. 74. 75. If I be transmitted up to the Lords and confidently beleeve I shall get forward out of the former experiences of that Justice that I have found there and I will instance two particulars First when I was a Prisoner in the Fleet and secondly May the fourth one thousand sixe hundred forty one The King accused mee of High Treason and before the Lords barre was I brought for my life where although one Littleton servant to the Prince swore point blanke against mee yet had I free liberty to * He did not then demurr to their Jurisdiction speake for my selfe in the open House And upon my desire that Master Andrewes also might declare upon his Oath what hee knew about my businesse it was done And his Oath being absolutely contradictory to Master Littletons I was both freed from Littletons malice and the Kings accusation at the Barre of the whole House And for my part * Nota. I AM RESOLVED TO SPEAKE WELL OF THOSE THAT HAVE DONE ME JUSTICE and not to doubt THEY WILL DENY IT MEE till such time as by experience I finde they doe it And at that time he was so much for the Lords that he writes most disgracefully derogatorily of the Commons and other his Confederates by his example and of their want of power injustice and proceedings d His ●etter to a friend-Innocency and truth justified His ●etters to the Generall Hen. Martin L. G. Cromwell Englands Birthright See Mr. Edw. Gangraena part 3. p. 146. to 228. quarrells onely with them and their Committees for their delayes and injustice towards him telling them to their faces in many of his former and late printed Libels That they have no power at all to commit or examine him or any other Commoner of England without the Lords nor yet to give or take an Oath That they are but a peece and lowest part of the Parliament not a Parliament alone That they can make no binding Votes Ordinances or Lawes nor commit nor command any Commoner without the Lords and in one or two Pamphlets he endeavours to prove them to be now no lawfull House of Commons at all nor would hee ever acknowledge them to be so and that he would make no more conscience of cutting theirs and the Lords throates the Tyrants and Oppressors at Westminster then of killing so many Weasels and Polcats with many other like scurrilous and mutinous expressions His owne printed Papers Petitions and Actions therefore are an unanswerable confutation of his malicious contradictions of their Authority and judicature since for their exemplary justice on him and he must either now re-acknowledge their right of sitting voting and judging in Parliament to be lawfull or else renounce his owne former Petitions and addresses to them for justice retract all his former printed Papers asserting their Power and judicature and extolling their justice yea disclaime their judgment for vacating his owne Sentence in the Starchamber their awarding him Dammages and passing an Ordinance to recover them as meerly null and voyd being made before no lawfull or competent Judges as now he writes since not elected by the peoples Votes And let those his followers who admire him for his Law observe these his palpable and invincible contradictions and be ashamed and afraid to follow such an ignorant and erronious guide who writes onely out of malice and faction not of judgement as his contradictions evidence 11ly The Acts for preventing the inconveniences happening by the long intermission of Parliaments And to prevent the inconveniences which may happen by the untimely adjourning proroging or dissolving the Parliament made this Parliament and assented to by the King at the Commons importunity confirme the Lords interrest and right to sit and Vote in Parliament beyond all dispute and give them an●w power to summone a Parliament themselves in some cases ●● ly The ancient forme still continued till this day of dismissing Parliaments and dissolving them by the Kings licensive THE LORDS and COMMONS TO DEPART HOME and TAKE THEIR EASE 37. E. 3. n. 34. 38. E. 3. n. 18. 40. E. 3. n. 16. 43. E. 3. n. 34. 45. E. 3. n. 8. 13. 47. E. 3. n. 7. and all Parliaments since proves their right of sitting in and attending the service of the Parliament in person without speciall licence of the King during its continuance in dispite of all ignorant cavils to the contrary Having thus impregnably evinced the Lords undoubted right to sit and vote in Parliament though they be not elective by the peoples voyces as Knights and Burgesses are I shall next discover unto our illiterate Ignoramusses who oppose this their right the justice and good grounds and reasons of our Ancestors why they instituted the Lords and Peers to sit and vote in Parliament by right of their Nobility and Peerage which will abundantly satisfie rationall men and much confirme their right First the Nobles and Great Officers in all Kingdomes and in our Kingdome too in respect of their education birth experience and imployment in State-affaires have alwayes been generally reputed the wisest and best experienced Common-wealths men best able to advise and Councell the King and Kingdome in all matters of Government Peace or War as our Historians Antiquaries Polititians and Records acknowledge and attest whence they were antiently stiled e Mr. Selden● Titles of honour part 3. ch 5. Sir Edward Cookes Epistle to the 9. Report and ● Instit p. 120. 4. Instit p. 2. Cambdens Brit. p. 177. Spelmanni Concil Tom. 1. Aeldermen Wisemen Magnates Optimates Sapientes Sapientissimi Clarissimi viri Conspicui Clarique viri Primates Nobiles c. in our Historians and Records and our Parliaments in that respect are frequently stiled in ancient times Consilium SAPIENTVM upon which Grounds our Kings and * 1. E. 3. n. 36. 55 56. 45 E. 3. n. 15 16. 50 E. 3. n. 10. to 14. 1 R. 2. n. 10. to 27 47 50 51. 112 113. 17 R. 2. c. 1

safety The rather for that the very Act made this Parliament for the preventing of inconveniences happening through the long intermission of Parliaments not onely enacts but requires all the Lords and Barons of this Realme to meet and sit in every Parliament under a penalty but likewise prescribes an Oath to the Lord Keeper and Commissioners of the Great Seale under severe penalties to send forth Writs of Summons to Parliament to them all and in his default enabled and enjoyned the Peeres of the Realme or any twelve or more of them to issue forth Writs of Summons to Parliament under the Great Seale of England for the electing of Knights Citizens and Burgesses which Act will be meerly void and nugatory if their Votes and Right of sit in Parliament be denyed or the House of Peeres reduced to the House of Commons which this very Statute doth distinguish The Kings and Lords sole right of Judicature in Parliament without Commons cleerly evidenced The Lords Jurisdiction and undoubted Right to sit and Vote in Parl●ament being cleerly evicted and und●●●ably manifested by the Premises I shall next proceed to make good their Jurisdiction and lawfull Right of Judicature never questioned nor disputed till of late without the Commons concurrence To avoid mistakes and clear all scruples you must take notice that there is a two-fold proceeding in Parliament by way of Judicature and Censure First by Bill of Attainder and therein the King Lords and Commons must all concurre because such Judgement is given extrajudicially only by the Legislative power wherein the Commons have of Right a Vote and consent as well as the King and Lords and in this course of proceedings the King and Lords alone can doe nothing judicially without the Commons no more then make an Act of Parliament without them Of this kind● of Judgement and Attainder by Bill wherein the King Lords and Commons joyntly concurre there are sundry presidents both in cases Trespas Felony Treason and the like in our printed Statutes 1 H. 4. c. 6. compared with 9 H. 4. Exilium Hugonis de Spencer 15 E. 2. 1 E. 3. prologue and c. 2. 11 R. 2. c. 1 2 3. 5 6 7. 21 R. 2. c. 10 11 12. 9 H. 6. c. 3. 19 H. 6. c. 1. 3● H. 6. c. 1. 25 H. 8. c. 12. 28 H. ● c. ●8 33. H. ● c. 21. 32 H. 8. c. 25. 2 and 3 E. ● c. 17 18. 1 Mar. c. 1. 16. ●● Eliz. c. 1. 3. 3 Jac. c. 2. to which the Attaindors of the Earl of Strafford by Bill and Arch-bishop of Canterbury this very Parliament may be added Besides other presidents in the q See Plac. Coronae in Parl. 33 E. 1. Rot. 17. 22 John de Segraves case Plac. Corenae in Parl. 21 R. 2. n. 1. to 27 31 H. 6. n. 45. 64. 38 H 6. n. 9. to 26. Parliament Rolls many of which are cited by Sir Edward Cooke in his 3 Institutes c. 1. ● and M. S. John in his Argument as Law concerning the Bill of Attainder of High Treason of Thomas Earl of Strafford printed by Order of the Commons House Anno 1641. The like Presidents are extant in the Statutes of Ireland 28 H. 8. c. 1. for the Attainder of the Earl of Kildare and others 11 Eliz. c. 1. For the Attainder of Shan● 〈◊〉 and others ●3 Eliz. c. 6 and 7. For the Attainders of John 〈◊〉 Gerald and others An. 27 Eliz c. 1. For the attainder of James Eustuce and others 28 Eliz. c. 8 9. For the Attainders of the E. of Resmond John Brown and others 11 Jac. c. 4. For the Attainder of the Earl of Tyro●● and others Secondly there is a formall Judgement given in Parliament in Causes civill and criminall upon Writs Petitions● Indictments informations or Impeachments and that either against or between Peers themselves or against or between Commons who are ●● Peers in both which the Lords have a proper Judiciary power without the Commons That they have such a legall and sole Judicatory in the case of Peers is * Cookes Instit on Magna Charta c. 14. 29. 3 Instit c. 1 2. 1 H. 4. 1. Stamf. l. 3. c. 1. 10. E. 4. 6. Bro. Triall 142. Treason 33. 29. 13 H. 8. 11. acknowledged by all who neither may nor ought by Law to be cryed or judge for any Treason or criminall cause unlesse in cases of † 10 E. 4. 6. Coronae 34. Cooke 2. Instit p. 49. Triall Bro. 142. Appeale at the suit of the subject but only by the lawfull judgement of their Peers by the expresse provision of r Ch. 14. 29. 20 H. 6. c. 9. 26 H. 8. c. 12. 1 El. c. 1. 5. 5 El. c. 11. and diverse other Statutes See Ashes Tables Co●onae 84. Challenge 65. and 8. Magna Charta with sundry other Statutes and by the very Common Law This right of theirs in case of Peers is cleerly evident by the Judgement given in against Earl Goodwin in a Parliament under K. Edward the Confessor before the Conquest An. 1052. recited at large in M. Seldens Titles of Honour Part 2. c. 5. p. 634 635. in the Tryall of Roger Earle of Hereford in the 8. yeare of William the Conqueror who was sued and found guilty of Treason by his Peers Cooke 2. Institut p. 50. by the Judgement given in the Parliament of Northampton against Becket Arch-bishop of Canterbury which you may read at large in Stephanides * M. Selden by the answer of Will. du Breose to K. Johns Ministers Paratus sum ero Domino meo sine obsedibus satisfacere secundum Judicium Curiae suae BARONVM Parium meorum Which right of theirs is asserted by Sir E. Cook himself and proved at large in his 2 Institutes on Magna Charta c. 14. 29. in his 3 Institutes c. 2. where p. 31. he writes thus A Peer of the Parl being indicted of Treason or Felony or of misprision and duly transmitted to the Lords may be arraigned thereof in the upper House of Parl. As FREQUENTLY IN PARL † Titles of Honou● Part 2. c. 5. p. 705. 706 707. ROLLS IT DOTH APPEAR As Rot. Parl. 21 R. 2 Plac. Cor. nu 2 to 7. the Earl of Arundels case Rot. Parl. 5 H. 4. nu 11 12. 13. H. 6. nu 49. Earl of Dovers case 28 H. 6. nu 19. 50 51 52. Duke of Suffolks case To which might be added 7 R. 2. nu 22 c. The Bishop of Norwich case for delivering Gravelin to the Enemy Placita Corona in Parl. 21 R. 2. num 1 to 26. Rot. Parl. 50 E. 3. nu 27. The Lord Latymers case 2 H. 6. Rot. Parl. nu 18. The Impeachments of the Commons this Parliament against the E. of Strafford and Arch-bishop of Canterbury who were prosecuted by the Commons not tryed only by and before the Lords as their proper Judges and Peers See 4 E. 3. nu 14. 15 E. 3. nu 6. 8. 44 45. 51. 17

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 comming hee should absent himselfe out of the Kingdome of England and all other his Dominions in France or elsewhere for five yeares space and that hee nor no man for him should shew or waite 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 Peamont in behalfe of the said LORDS both Spirituall and Temporall and BY THEIR ADVICE ASSENT AND DESIRE said and declared to the Kings Highnesse that this that so was decreed and done by his Excellencie concerning the person of the said Duke PROCEEDED NOT BY TH●IR ADVICE AND COVNSELS but was done by the Kings owne demeanour 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 SHOVLD NOT BE NOR TVRNE IN PREJVDICE NOR DEROGATION OF THEM THEIR HEYRS NE OF THEIR SVCCESSOVRS IN TIME COMMING but that they may HAVE AND INJOY THEIR LIBERTY AS THEY OR ANY OF THEIR ANCESTORS PREDECESSORS HAD AND ENIOYED BEFORE THIS TIME This is the sum of this large record which makes nothing to the purpose for which it is cited that it is errour when both Houses joyne not in ●udgement For first here is nothing but an impeachment onely by the Commons of a Peere who ought to be tryed judged by his Peerage 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 owne Chamber in presence of the Lords Thirdly the Lords entred a speciall protestation against it as not made by their advice or consent Fourthly they en●er a speciall claime in the Parliament Roll for the preservation of their Right and Freedome of Peerage for hereafter both of being tryed and judged onely by their Peeres in Parliament and so an expresse resolution that they in Parliament are and ought to be Iudges not the Commons The last Records I have cited at large lest Sir Edward Cookes briefe quotation and mis-recitall of them should deceive the credulous or ignorant Reader Eighthly the cases of Sir Giles Monpesson Sir John Michell Viscount S. Alban and the Earle of Middlesex whom the Commons onely impeached and the Lords alone without the Commons votes or presence judged and sentenced are direct proofes that the power of Iudicature and Censure as well of impeached Commoners as Lords resides onely in the Lords House the Commons being but generall Inquisitors to search out and present both Lords and Commoners publike offences to the Lords to whom they transmit the charge and witnesses the Lords the onely Iudges to heare and determine the charge examine the witnesses upon oath and passe and record the sentence and see it executed and no more Iudges in the Parliament then the grand enquest are Iudges at the Assizes or Sessions The second and principall objection insisted upon by that Ignoramu● Object 2. Lilburne and his disciples the Levellers is the Statute of Magna Charta chap. 29. That no Free man shall be imprisoned outlawed exiled or any other way destroyed Nor we shall not passe upon him nor condemne him but BY THE LAWFVLL IVDGMENT OF HIS PEERES 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 selfe though it be in case of priviledge To take away this grand seeming objection Answ and give it a satisfactory answer I say First in generall that there is scarce one Parliament ever since Magna Charta was first confirmed but the Lords have sentenced and given judgment against some Commoners capitally or penally in body or 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 tyrannicall usurpation as Lilburne and Overton stile it but acknowledged it as a just right in the Lords even in 3. Caroli it selfe when the Petition of Right was passed in the Lords Iudgment and Sentence against Doctor Manwaring a Commoner impeached by the Commons And therefore for this one Ignoramus alone against the judgements of all the Commons in Parliament in all ages to averre this a breach of Magna Charta for imprisoning and fining him for the highest affront and breach of priviledge over offered to any Parliament is the extremity of ignorance malice and singularity Secondly I answer that the Statute of Magna Charta extendeth not to nor was ever intended of the high Court of Parliaments Iudgements and Proceedings but onely to the proceedings and Iudgements in the Kings great Courts of Iustice at Westminster Hall the Exchequer his Privy Councell and other inferiour Courts held before Judges Iustices of Assize and other Officers as is evident by comparing this objected Chapter with c. 11 12 13 14 18. 28 ●0 3● 37. by the Statutes of 25. E. 3. Stat. 5. c. 4. 28. E. 3. c. 3. 37. E. 3. ● 18. 38. E. 3. c. 9. 42. E. 3. c. 3. 17. ●2 c. 6. and the Petition of Right it selfe 3. Caroli which so expound it there being never any complaint against the Parliament it selfe or House of Peeres in any age for breach of Magna Charta in censuring or imprisoning Commoners till now Therefore this misapplying of this Law to the Parliament and House of Peers is a grosse oversight Thirdly the very literall sence of this Law is much mistaken by the Objectors For that any 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 and estate and this clause * 〈…〉 No Freeman shall be imprisoned and but by the lawfull judgement of his Peers extends onely to exclude villaines and those who are not Freeholders from being Iudges of Freemen and Freeholders in tryalls by Iury whence the Writs to the Sheriffes to summon Iurors require them alwayes to returne Liberos Legales homines not to exclude Lords or Peeres who are Freemen in the higest degree to be Iudges of Commoners who are Freemen So as the Argument from the true meaning of this Law can be but this villaines and those who are no Freemen are not to be Iudges or impannelled in Iuries to condemne Freemen because they are not their Peeres nor Freemen as well as they Therefore