Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	king_n	parliament_n	writ_n	1,771	5	9.5540	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A91144	Ardua Regni: or, XII. arduous doubts of great concernment to the Kingdome, requiring a full and speedy resolution : propounded to M. Speaker, and the House of Commons, touching some of their late proceedings against their own suspended, ejected members, and the impeached Lords.	Prynne, William, 1600-1669.	1648 (1648)	Wing P3895; Thomason E429_5; ESTC R204618	7,714	14

Ardua Regni OR XII Arduous Doubts Of great Concernment to the KINGDOME Requiring a full and speedy Resolution Propounded to M. Speaker and the House of Commons Touching some of their late Proceedings against their own Suspended Ejected Members and the Impeached Lords Printed in the Yeere 1648. Twelve arduous Doubts of great Concernment to the whole Kingdome requiring a full and speedy Resolution Propounded to M. Speaker and the House of Commons 1 BY what Law or Authority can the House of Commons alone without the concurrent assent and Judgment of the King and Lords the only proper Iudges in Parliament eject or suspend the late impeached Members or any other having no power of Iudicature in themselves alone nor authority to exanime Witnesses upon Oath as all other Courts of Judicature have and being all equally impowered and intrusted by the Countries Cities and Burroughs for which they serve and * Cromptons Iurisdiction p. 1 2. summoned to the Parliament by Writ onely to advise and consult together with the King and Lords about the arduous Cook 4 Instit c 1 and urgent affaires of the Realme and Church of England not to suspend nor expell one another the House And being all but equalls whether one Iustice of Peace of Assize Iudge of the Kings Bench or Common Pleas Commissioner of Oyer and Terminer Sewers Committee-man Grand-Iury man and the like may not as lawfully displace thrust out another by their own Authority without the Kings Parliaments or Lord Keepers consents and advice as one Commoner suspend or put another out of the Commons House without the Kings and Lords assents since Par in parem non habet imperium and no Freeman by Magna Charta ought to be outed of his Liberties or free Customes but by the lawfull Iudgment of his Peeres in a legall way or by the Law of the Land and that in some Cooke 4 Instit c 1 p 11 24 Court of Record and Iudicature which the House of Commons alone is not no Writs of Error nor other Records being returned before them and they being the grand Inquisitors only of the Realm to inquire and impeach offenders not Iudges to censure or condemn them whose impeachments they are onely to transmit to the King and Lords to judge and determine 2. Whether this ejection and suspention of Members by their Fellow-Members without confession or legall conviction upon Oath be not a late dangerous innovation and tyrannicall usurpation upon the Subjects and peoples Liberties depriveing them of the benefit and freedome of enjoying the counsell and advice of those Knights Citizens and Burgesses they have elected to Vote assent and dissent for them in Parliament And whether the House of Commons be able to produce any one ancient President before Queen Maries Reigne in all the Parliaments before or since the Conquest to warrant their owne sole suspentions or expulsions of their owne Members If yea let them then produce them to satisfie the Kingdome which expects an accompt of the justice of these proceedings at their hands If nay as confidently they cannot then these their expulsions and suspensions must of necessity be unwarrantable and meerly void in Law and the ejected and suspended Members may and ought to be re-admitted till they can produce sufficient evidence and proofe of their sole Authority to suspend or expell them without the Kings or Lords concurrence upon full hearing and conviction of some horrid crimes which really disable them to be Members Every County City and Burrough ought * 5. R. 2. Stat. 2. 0. 4. 7. H. 4. c. 14. 6 H. 6. c. 2. 32. H. 6. c. 6. 9. H. 8. c. 16. 4. E. 4. 44. b. Cromptons Iurisdiction of Courts Tit. Parliament ex debito Iustitiae to send Knights Citizens and Burgesses to consult debate vote assent and dissent for them in Parliament and every of these ought to come to the Parliament when elected and to continue there all the Session without intermission unlesse he can reasonably excuse himselfe by sicknesse or otherwise neither ought he to depart the House without speciall licence of the House and King too anciently first obtained under paine of being amerced and otherwise punished And for this very reason every Member of Parliament during the Session of Parliament and so many daies before and after is priviledged and exempted from all Arrests of his person * Dyer f. 60. because he is bound personally and constantly to attend the House till the Session or Parliament ends and his presence so necessary that he cannot be spared nor absent upon any occasion for proof whereof you may consult Modus Tenendi Parliamentum Sir Edward Cook 4. Institutes chap. 1. and the Authorities and Records there cited how then their Fellow-Commoners Knights Citizens and Burgesses can exercise or claime any legall Authority or Jurisdiction to eject or suspend any Member lawfully elected without legall triall conviction and the concurrent judgement and consent of the whole Parliament whereof the House of Commons is but one branch or Member and that upon such just and weightie reasons as may satisfie the Freeholders Citizens and Burgesses who elected them whose persons they represent and whose Attourneyes and Proxies they are and so ought not to be discharged of their trust without their privity by any of their Fellow-Commoners of the justice of their expulsion or suspension is a Moot-point which concernes the whole Kingdomes Interest and fit to bee resolved by M. Speaker and the Commons of the Long robe in a substantiall manner for the Kingdomes satisfaction the rather because the Speaker of the Commons House cannot be removed or changed for sicknesse or other cause but by the Kings and Lords assents Cook 4. Institut pag. 8. 39. H. 8. num 38 39. Baron Thorpes Case 3. Seeing the Writ for Elections of Knights Citizens and Burgesses cannot be altered in any thing but by Act of Parliament and all Elections ought to be freely and indifferently made without any prayer or commandment of the King by Writ Letter or otherwise or of any other and no Letter Order or Ordinance can disable any freeborn Englishman of full age not attainted of Treason or Felony to be chosen a Member but onely an Act of Parliament as * 4 Ins●it ch 〈◊〉 p 10 3 E 1 c 1 4 E 4 44 Sir Edward Cooke affirmes and the Statutes of 5 R. 2. Stat. 2. c. 4. 7. H 4. c. 15. 32. H. 6. c. 15. determine And seeing no Member anciently was or could be dismissed or discharged from his attending the House till the Session or Parliament it selfe was dissolved as is apparent by all the Adjournments Prorogations and Dissolutions of Parliaments and their formes How can the Commons House alone by any clause of the Writ that summons them or any Law or Statute extant suspend or expell any untainted Member before legall triall and conviction in full Parliament without the Kings and Lords consents with whom they

are chosen and trusted to advise against the tenor of the Writ and these Acts and disable any from sitting or voting as Members whom the Freeholders Citizens and Burgesses by their free Elections and the Lawes and Statutes of the Realm have made as free and absolute Members in every particular as themselves who vote them out and their onely Trustees and Attorneyes especially since the Commons whom they represent and from whom they derive their power and authority as the * Cromptons Iurisdiction S 1 2 Writ recites gave them no such Commission at all to eject or suspend their fellow-Members but onely to consult of do and assent unto such things as should be ordained by the COMMON COVNCELL not Commons OF THE REALME in Parliament concerning the urgent and weighty affaires thereof for which they were summoned to advise about of which the ejectment or suspension of their Fellow-Commoners certainly was none neither in the Kings nor Peoples intention when the Parliament was first summoned and they made their elections of those they most confided in 4. Whether the Statutes of 5. Eliz. c. 1. and 16. Caroli made this Parliament for preventing the inconveniences happening by the long intermission of Parliaments which enact That every person which shall be elected a Knight Citizen or Burgesse or Baron for any Cinque Ports or any Parliament hereafter to be holden shall before he enter into the Parliament-House or have any voice there openly receive and pronounce the Oath of Supremacy before the Lord Steward for the time being or his Deputies And that he which shall enter into the Parliament-House without taking the said Oath SHALL BE DEEMED NO KNIGHT CITIZEN BURGESSE NOR BARON for that Pailiament NOR SHALL HAVE ANY VOICE but shall be to all intents constructions and purposes as if he had never been elected nor returned Knight Citizen Burgesse or Baron for that Parliament and shall Suffer such paines and penalties as if he had presumed to sit in the same without Election returne or Authority be not a direct resolution and judgment in print that no Member of the House of Commons once lawfully elected and returned can be disabled to sit and Vote in the House by his Fellow-Commoners alone but only by Act of Parliament or joynt-judgement and concurrence of the King Lords and Commons at the least And whether the taking away of the Archbishops and Bishops Votes this Parliament by a speciall Act of Parliament be not a full Declaration of the Law in this particular that Members of Parliament especially such as sit Vote in others rights and behalfes ought not to be ejected or unmembred by the Commons Lords or King alone in a divided capacity but only by Act of Parliament or by the Kings Lords and Commons joynt assents and judgements Cook 4. Instit c. 1 Dyer f. 60. a. 19. H. 6. 63 64. because the whole House of Parliament is but one entire body and Court which cannot be deprived of the presence or assistance of any one legall Member but by common consent of the whole Body and Court and not of one branch or Estate alone without the other being contrary to all rules of reason and justice and proceedings in other Courts where one Judge or Justice or Commissioner cannot be unjudged unjusticed uncommissioned by the others alone 5. Whether the Commons late usurpations of such a power of suspending and ejecting their owne Members especially without any legall hearing and examination viva voce of witnesses against them upon Oath or admitting their just defence be not a president of very dangerous consequence destructive to the very freedome and being of Parliaments and Counsells wherein all Members Cook 4. Instit. p. 8. ought to have equall liberty and freedome of speech and advice and to carry all things by plurality of voices and strength of argument not by new devised suspensions and expulsions seeing it gives the strongest party and faction a liberty to expell the weaker and the lesser number backed with an armed-force a possibility not only to pack and make a House of what Members they thinke meet and eject and over-Vote the greater part of the House upon meer pretended offences and Misdemeanours and then to vote and passe what Acts and Ordinances they please in a thin and empty Parliament when the major part of the Members are suspended ejected or forced away And whether all those Counties Cities and Burroughs whose Knights Citizens and Burgesses have been or may be thus ejected and the whole Kingdome too concerned in it be not bound in point of conscience and duty for the maintenance of the Honour Freedome and fulnesse of Parliaments and their owne and the Kingdomes safety publikely to protest against it 6. Whether the Commons suspending and ejecting of their Members by their own sole Votes and power gives not the King and Lords who are Judges in Parliament a like Authority joyntly or severally to imprison eject or suspend the Members of the Commons House without the Commons consents as well as the Commons who have no sole Judicature and are but inferiour Members and no Court of Parliament alone and so justifies the Kings imprisonment and impeachment of any Members in this and former Parliaments without the Lords or Commons who hath a greater Jurisdiction over any Members of either House being his Subjects and the * Modus tenendi Parliamentum chiefe Members of Parliament who summons and dissolves it then any Members have over their Fellow-Members and Subjects 7. Whether those Counties Cities and Burroughs whose chosen Knights Citizens and Burgesses have been Co. 4. Institut p. 1. 25. thus illegally suspended or ejected without and against their privities or consents or any revocation of that trust and power wherewith they invest them are or can in point of Law or justice be obliged by any Votes Orders or Ordinances of one or both Houses to which themselves nor those they elected by reason of their illegall ejections or suspensions either did or could assent to which perchance they would not have assented but voted against and over-ruled by the majority and plurality of voices if present and admitted to give their Votes The rather because our * 7 H 6 35 b. Bro Wast 81 Dyer 373 b. Law Books are expresse ' That Tenants in ancient Demesne were not bound by Acts of Parliament heretofore because they sent no Knights nor Burgesses to the Parliament which contribute to their wages and so neither did nor could assent unto them by their Representatives or themselves ' Quod omnes tangit ab omnibus debet approbari the very ground why any Acts of Parliament bind all being onely this * 39 E 3 7 Cook 4 Instit c 1 3 E ● 1 4 E 4 44 Because all are consenting to them in their Knights and Burgesses But those whose Knights and Burgesses are either expelled or suspended the House without and against their good wills neither do nor can be