Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	error_n	parliament_n	writ_n	2,585	5	9.9558	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A31759	The Charge of a Tory plot maintain'd in a dialogue between the Observator, Heraclitus, and an inferior clergy-man at the Towzer-Tavern : wherein the first discourse publish'd under that title is vindicated from the trifling animadversions of the Observator, and the accusation justified / by the same author.		1682 (1682)	Wing C2052; ESTC R20652	20,385	42

insist upon this point unless you intend it as a bait to catch some fool with that would be nibbling at the disparaging of the King's Prerogative as you speak in another case of the Plot N. 130. Obs Why that 's the bottom on 't and I hope I shall catch some or other Herac. Well enough for the Power let 's pass to the priviledges of Parliament What do you think of them Obs As to the Power Priviledges and freedom of English Parliaments tell me what it is first and what they are and I 'll give you my Answer The four Inns of Court them selves are not able to determine what they are N. 132. I had rather forty times the King should lay me by the heels without shewing cause for it than a House of Commons and be a Slave to an Imperial Prerogative than to a popular priviledge N. 135. Herac. You were once indeed pretty near being laid by the heels but all the cunning's in catching But what signifies it what you had rather I think there is no necessity to be made slaves either to prerogative or priviledge which are both useful and wholsome enough when they do not exceed their bounds Now seeing neither you nor your four Inns of Court can tell what these priviledges are or upon what they are bottom'd I 'll tell you my opinion I think they stand much upon the same terms with Prerogative part of which is confirmed by express Law and part has no other foundation but Prescription the Kings and Queens of this Realm having exercised such a power in such and such cases time out of mind and this part of the Prerogative I look to be as firm as the other For prescription or Common usage time out of mind is Common Law in all cases Nor is there any reason why the Sovereign should not enjoy the benefit of that Maxime as well as the meanest subject nor why the House of Commons should not enjoy it as well as either 'T is true both Prerogative and Priviledge may be strained too far or something may be call'd so that is not so but shall we therefore deny there are any such things or turn them into ridicule It signifies little what you shall deny to be priviledge or I to be prerogative for I doubt the King will think himself a more competent Judge of the one and the Parliament of the other Obs Let them think what they please but it does not stand with the Constitution of this Government to suppose them to be competent Judges of their own priviledges For it is an abandoning of the very essentials of Church and State to their Mercy What if they should seise upon the Militia the King ' s Magazins and Shipping Levy Arms coin Money c. and tell ye all this is done by priviledges of Parliament It would be no more than what we have seen and suffer'd already under the same pretence Though I do not say that since the damn'd Apostasie of Fourty One and the period of that accursed Train of Rebellions we have labour'd under Many Abuses of that kind N. 135. Herac. Well this Fourty one is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 excellent at a dead lift 'T is a Fac totum the Philosophers stone a Panaceia 't is good for every thing Now do not poor I Mr. Whig know i' the world what to say But however I am resolv'd to stand to my tackle and see what can be said and will maintain that though the Parliament be held to be the sole competent Judges of their own priviledges this is neither against the constitution of the Government nor do Church and State lye at their mercy for all the Apostasie of Fourty One You will grant me that 't is necessary to all Secular Government that there should be a supreme Power from whence there should be no Appeal and that in Absolute Monarchies this is the Sovereign only but in Limited the highest or supreme Court Obs What I warrant you 'l be for Mr. Prynn's Sovereign Power of Parliaments Herac. No hold there I am not for a Parliament's usurping a Power over the King and invading his Prerogative I only affirm this that beyond the High Court of Parliament there lies no Appeal Obs Well but Appeals are only made to the House of Lords which is a Court of Record and of Judicature but what 's this to the House of Commons Herac. 'T is as much for my purpose to the one as to the other For though they be two Houses they are but one Parliament and have community of priviledges And originally they were but one House This Sir Edw. Cook while he was Speaker of the House of Commons in 35 Eliz. has made out for me At first we were all one House and sate together but the Commons sitting in presence of the King and amongst the Nobles disliked it and found fault that they had not free liberty to speak And upon this reason that they might speak more freely being out of the Royal sight of the King and not amongst the great Lords so far their Betters the House was divided and came to sit asunder A bold and worthy Knight at the time when this was sought the King desiring a reason of this their request and why they would remove themselves from their Betters answered shortly That his Majesty and the Nobles being every one a great person represented but themselves but the Commons though they were but inferiour men yet every one of them represented a thousand of men And this Answer was well allowed of But now though we be divided in Seat be we therefore divided Houses No for if any writ of Error be brought as you shall see a notable Case in 22 E. 3. this Writ must be returned in Parliament that is to the whole House and chiefly to the Upper House for We are but a Limb of the House Never any Man saw a writ returnable in the Lower House Yet I speak not this to take any priviledge from this House for it is certain whatsoever we do sitting the Parliament it is an Act of the whole Court for the Lords without the Commons and the Commons without the Lords can do nothing Vid. Journ of Parl. of Q. Eliz. page 515 516. You see here what unity and consent there is between the two Houses so that one can have no priviledge in which the other is not interested Judgments indeed upon Writs of Errour are given by the Lords but being the Writs are returned in Parliament the sentence is constructively the Commons also unless one would be so absurd as to call the House of Lords the Parliament as some do the House of Commons But to make this plainer yet You know the Upper House has no Jurisdiction over the Lower so as to take cognizance of any thing transacted therein otherwise than by desiring Conference and that the Lower House has as well over the Upper but in both cases it is improperly called Jurisdiction for at