Selected quad for the lemma: justice_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
justice_n	baron_n	chief_a	judge_n	3,349	5	7.3653	4	false

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

at all because some of the Lords were not come by reason of foule weather shortnesse of warning or other publike imployments all their personall presence in Parliament being reputed necessary and expedient And 20. R. 2. N. 8. The Commons themselves in Parliament required the King to SEND FOR SUCH BISHOPS and LORDS WHO WERE ABSENT to come to the Parliament before they would consult of what the Chancellor propounded to them in the Kings name and behalfe to consider of To recite no more ancient Presidents in the Parliament of 2. Caroli the Earle of Arundell sitting in the Parliament being committed by the King to the Tower of London about his sonnes marriage May 25 1626. without the Houses privity and consent whereby their Priviledges were infringed and the House deprived of one of their Members presence thereupon the Houses of Peeres adjourned themselves on the 25 and 26. of May without doing any thing and upon the Kings refusall to release him they adjourned from May 26. till June 2. refusing to sit and so that Parliament disolved in discontent his imprisonment in this case being a breach of Priviledge contrary to Magna Charta And not long after the beginning of this Parliament upon the Kings accusation and impeachment of the Lord Kimbolton and the five Members of the Commons House * An Exact collection part 1. both Houses adjourned and sate not as Houses till they had received satisfaction and restitution of those Members as the Journals of both Houses manifest it being an high breach of their Priviledges contrary to the Great Charter If then the Kings bare not summoning of some Peares to Parliament who ought to sit there by their right of Perage or impeaching or imprisoning any Peere unjustly to disable them to sit personally in Parliament be a breach of the fundamentall Lawes of the Realme and of Magna Charta it selfe confirmed in above 40. succeeding Parliaments then the Lords right to sit vote and Judge in Parliament is as firme and indisputable as Magna Charta can make it and consented to and confirmed by all the Commons people and Parliaments of England that ever consented to Magna Charta though they be not eligiable every Parliament by the freeholders people as Knights and Burgesses ought to be and to deny this birth-right and Priviledge of theirs is to deny Magna Charta it selfe and this present Parliaments Declarations and proceedings in the case of the Lord Kimbolton a member of the House of Peers Fifthly The ancient Treatise intituled * See Cooke ● Justit p. 12. for the Antiquity and for the Authority of this Treatise The manner of holding Parliaments in England in Edward the Confessors time before the Conquest rehearsed afterwards before William the Conqueror by the discreet men of the Kingdome and by himselfe approved and used in his time and in the times of his Successors Kings of England if the Title be true and the Treatise so ancient as many now take it to be determines thus of the Kings and Lords right to be personally present in all Parliaments The King IS bound by all meanes possible TO BE PRESENT AT THE PARLIAMENT unlesse he be detained or let there from by BODILY SICKNESSE and then he may keep his Chamber yet so THAT HELYE NOT WITHOUT THE MANOUR OR TOWNE WHERE THE PARLIAMENT IS HELD and then he ougth to send for twelve persons of the greatest and best of them that are summoned to the Parliament that is two Bishops two EARLES two BARONS two Knights of the Shire two Burgesses and two Citizens to looke upon his person to testifie and witnesse his estate and in their presence he ought to make a Commission and give Authority to the Archbishops of the Peace the steward of England and Cheife Justice that they joyntly and severally should begin the Parliament and continue the same in his name expresse mention being made in that Commission of the cause of his absence then which ought to suffice and admonish the OTHER NOBLES cheife men in the Parliament together with the evident testimony of the twelve Peers of theirs The reason is BECAVSE THERE WAS WONT TO BE A CRY OR MURMVR IN THE PARLIAMENT FOR THE KINGS ABSENCE BECAUSE HIS ABSENCE IS HURTFULL and DANGEROUS TO THE WHOLE COMMONALTY OF THE PARLIAMENT and KINGDOME WHEN THE KING SHALL BE ABSENT FROM HIS PARLIAMENT Neither indeed OUGHT OR MAY HE BE ABSENT BUT ONELY IN THE CASE AFORESAID After which it followes The Archbishops Bishops and other cheife of the Clergy ought to be summoned to come to the Parliament and Also EVERY EARLE and BARON and their PEERS OUGHT TO BE SUMMONED and COME TO THE PARLIAMENT c. Touching the beginning of the Parliament The Lord the King shall sit in the mi●st of the great bench and is bound to be present in the first and last day of Parliament And the Chancellors Treasurer and Barons of the Eschequer and justices were wont to record the defaults made in Parliament according to the order following In the third day of the Parliament the Barons of the Cinqueports shall be called and after wards the BARONS of England after them the EARLES Whereupon if the Barons of the Cinqueports be not come the Barony from whence they are shall be amerced at an hundred markes and an Earle at one hundred pounds After the same manner it must be done to those who are Peers to Earles and Barons After which it relates the manner of place of the Earles Barons and Peers in Parliament Then addes The Parliament may be held and OVGHT every day to begin at one of the clocke in the afternoone at which time THE KING IS TO BE PRESENT AT THE PARLIAMENT and ALL THE PEERS OF THE KINGDOME None of all the Peers of the Parliament MAY OR OUGHT TO DEPART alone from the Parliament unlesse he have obtained and that in full Parliament leave from the KING and of ALL HIS PEERS so to doe and that with all there be a remembrance kept in the Parliament roll of such leave and Liberty granted And if any of the Peers during the terme of the Parliament shal be sick or weake so as he is not able to come to the Parliament then he ought three dayes together send such as may excuse him to the Parliament or else two Peers must go and view him and if they finde him sicke then he may make a Proxy Of the Parliament the King is the Head the beginning and ending So this ancient Treatise The Statute of 5. R. 2. Parl. 2. ch 4. enacts by COMMAND of the King and ASSENT of the Prelates LORDS and COMMONS in Parliament That all and singular persons and Commonalties which from henceforth shall have the Summons of the Parliament shall come from henceforth to the Parliament in the manner AS THEY BE bound TO DOE and hath been ACCVSTOMED within the Realme of England OF OLD TIME And every person of the said Realme which from henceforth shall have the

E. 3. nu 22. 23 E. 3. nu 7. to 17. The sole question men will be Whether the House of Peers have any lawfull power of Judicature in or ●ver the causes and Persons of the Commoners of England in matter civill or criminall so farre as to judge their Causes or censure fine imprison or condemne their persons in any case without the Commons This the ignorant sottish sectaries Levellers seduced by their blinde guides Lilburne and Overton peremptorily deny without the least shadow of truth or reason the contrary whereof I shall infallibly make good to their perpetuall shame and refutation First our Histories Law-books and Records agree that in ancient times our Earls who were called Comites or Counts from the word County had the chief Government and Rule of most of the Counties of this Realmne under the King and that they and the Barons were the proper Judges of the common peoples Causes in the Tournes County-Courts County Barons even by vertue of their Dignities and Offices as our Sheriffes have now in which Courts they did instruct the people in the Lawes of the Land and administer Justice to them in all ordinary and criminall causes For proof whereof you may peruse at leasure M. Seldens Titles of Honour Part 2. c. 5. Sect. 5. Sir Edw. Cookes Institutes on Magna Charta c. 35. His 4. Institutes c. 53 Spelmanni Glossarium Tit. Comites M. Lamberts Archaion Hornes Mirrour of Justices c. 1. Sect. 2 3. If then they were Judges of the Commons and People in the Country by reason of their Honours Dignities even in ancientest times in ordinary Causes there was great right and reason too they should be so their Judges also in all their extraordinary causes as well criminall as civill Secondly The Lords Peers and great Officers of State in respect of their education learning and experience in all proceedings of Justice and State affaires are better able and more fit to be Judges of Parl then ordinary Citizens and Burgesses for the most part especially if chosen out of the Cities and Burroughes themselves for which they serve as anciently they were and still ought to be by the Statutes of 1 H. † 7 R. 2. Parl. 2. n. 19 20. 17 R. 2. n. 17. 5. c. 1. 32 H. 6. c. 15. and the very purport of the writs for their election at the very day de qualibet Civitare Com. predict DVOS CIVES de quolibet Burg● DVOS BVRGENSES imports who have better knowledge and skill in Marchandice their severall Trades then in matters of Judicature Law or State Therefore the Right of Judicature was thought meet even by the Commons themselves to be lodged vested in the House of Peeres who are the 〈◊〉 and fittest of the two rather then in the Commons House as I shall prove anon Thirdly since the division of the Houses one from another which is very ancient and not certainly known when first made the House of Peers hath been ever furnished with the ablest Temporall and Spirituall persons for their Assistants in judgment and advice to wit all the Judges ſ See Modus tenendi Parliamentum Vowell Cowell Crompton Sir Thomas Smith Coke and others 17 E. 3. n. 23. 21 E. 3. n. 7. 7. R. 2. n. 30 31. 9 R. 2 n. 13. 2 R. 2. part 2. n. 27. 31 H. 6. n. 26 27 28. 28 H. 6. n. 6. of the Realm Barons of the Ex●hequer of the Coyse the Kings learned Councell the Masters of the Chancery that are Courtiers or Lawyers the Master of the Rolls the Principall Secretaries of State and other eminent persons for parts and learning and the Procuratores Cleri all which are called by Writ to assist and give their attendance in the upper House of Parliament where they have no voices and are to give their counsel and advice only to the Lords when they require their assistance For proof whereof you may consult the Statutes of 31 H. 8. c. 10 Register 261. Fitz. Nat Bre 229. a. b. M. Seldens Titles of Honor p. 2. c. 5. Sir Edw. Cokes 4. Instit p. 4 5 6 44 45 46. and the Parl Rolls and Authorities there cited by them seconded by our present experience Now the House of Peers being thus assisted with the advice of all the Iudges of England the Kings learned Councell and other ablest to advise them in all Civill or Ecclesiasticall matters were and are in this regard thought fittest by our Ancestors and the Commons themselves in Parl 1 H. 4. n. 79 who have no such assistants to have the principall and sole power of Judicature in all or most civill or criminall causes between Commoner and Commoner that proper for the Parliaments Iudicature by way of relief redresse or censure Fourthly there can be no judgement given in any of the Kings Courts S●e The Preeholders Grand Inquest p. 2 5. but when the King is personally or representatively present sitting upon the Tribunall and where the proceedings are CORAM REGE But the King sits personally and representatively present in the House of Peers not in the House of Cōmons where nothing is said to be done Coram Rege And therefore in the end of most ancient Parl Rolls we find the Title Placita Corona CORAM DOMINO REGE IN PARLIAMENTO SVO c. Therefore the House of Peers only not the Commons are the true and proper judicatory whence the King the supream Judge sits usually in Person Fiftly there can be no legall triall or Judgement given in Parl without examination of witnesses upon oath as in all other Courts of justice But the House of Peers alone have power to give and examine witnesses upon * 7 R. 2. par 2● n. 16. Oath and the whole House of Commons no such power but to take Informations without Oath which they nor their Committees cannot administer unlesse by Order and Commission from the Lords Therefore the power of judicature in Parl is inherent only in the House of Poers and not in the Commons House Sixtly it is a rule both of Law and common Justice * Littleton sect 212. Coke ibid. 4 E. 3 7. 2 H. 6. 10. 14 H. 4. 8. 2 R. 2. 29. 5 H. 7. 8. Bur. Challeng 23 42 71 that no man be an informer prosecutor and judge too of the persons prosecuted and informed against it being against all grounds of justice But the Cōmons in all ancient and in this present Parl have been informers and prosecutors in nature of a t Cokes 4. Instit p. 24. Grand Inquest to which some compare them summoned from all parts of the Kingdom to present publick grievances and Delinquents to the King and Peers for their redresse witness their many impeachments accusations and complaints sent up and prosecuted by them in * 50 E. 3. n. 5. to 37. 21 R. 2. n. 14 15 16. 28 H. 6. n. 14 to 52 31 H. 6. n. 45 64. 38 H. 6. n. 38. former parl

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

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

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

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