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justice_n baron_n chief_a master_n 3,639 5 7.3955 4 false
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A76471 A true and impartial narrative of the most material debates and passages in the late Parliament. Together with the rise and disolution of it, published for the satisfaction of those that desire to know how they spent their time. By a Member of that Parliament, who is none of the present Parliament. Bethel, Slingsby, 1617-1697. 1659 (1659) Wing B2077; Thomason E985_25; ESTC R207870 10,858 16

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Prince of England ever had seeming to cast Dirt upon the famous long Parliament whose successes and great Atchievments will by posterity be had in Admiration for asserting the Rights of the people against the Kings own person not sticking to charge them with murther for that War and that without reproof but rather contenance from them But others more prudent waved bounding of the Chief Magistrate under pretence of first settling the Constitution of the Government and so falling upon the Debate of that after some days spent in it at the last voted that it should be part of the Bill for Recognition to declare the Parliament to consist of two Houses After this the House was again put in mind of their duties to the people and urged to fall upon bounding the power of the Chief Magistrate which as it was first in Order ought to have been first in Debate But the Courtiers commanding all by the strength of their Members waved the Cheif Magistrate and fell upon constituting the other House in which some dayes were spent in disputes betwixt the new old Royalists the Commonwealths-men remaining silent to see what the strength of the others Brains would produce The first was for the new Creation of Lords with the mixture of the old upon such limitations as they might not over-top the new The other for the old with a mixture of the new and for the full priviledges of the ancient Houses of Peers but after it appeared that they could make nothing of the Debate not daring to trust one another The Commonwealth-men fell in and shewed that where the Cause is taken away the Effect must cease That as the House of Lords had anciently a natural Right to a superiour Jurisdiction in that their propriety was five parts of six of the whole Nation so is it now more natural for the Commons to have that Superiority their proportion of propriety being ninty nine parts or more of a hundred And therefore Moved that if they would have another House it might be so bounded as might suit with the people's Interest whereupon they proceeded to the Debate of the Bounds and Powers of the Members sitting in the other House of Parliament and begun with the other House of Parliament in which some days was spent they being but for life for that it is against the Common Law for any one to be a Judge for him and his Heirs for ever Then for their being first allowed and approved of by the Parliament Then upon their having Negatives only in some matters Yet ended none but at last dis-ingenuously laid all aside and in stead of bounding and approving of them a bare Question was brought on foot Whether the members sitting in the other House as then constituted should be transacted with or no thereby to let them at once into the full priviledges of the ancient Lords and to make it passe the smoothlier A plausible Cause to save the Rights of the ancient Peers was added by the Courtiers which was done only to gain the Cavaliers in that Vote and not with any intent to let in the Lords they confessing occasionally that the Rights of the ancient Peers could be nothing so long as the act for taking of them away was in being and un-repealed Against acting with the Members sitting in the other House as then Constituted was alleadged the inconsistency of it with the Rights and Liberties of the People which they had sworn to maintain As first in that they were most dependants upon the Single person by way of salaries and so likely to be his Mercenaries Secondly for that the Militia both by Sea and Land was in the hands of the persons then sitting in that House Thirdly That all the chief Judges were Members as the three Keepers of the Seal two Chief Justices Master of the Rowls and that it might well be thought that the Lord chief Barron would be accounted as worthy to be one as the rest And then the people in all Cases of Appeales could do no more then Appeal from the Judges in Westminster Hall to the same persons sitting in Parliament And that the chief Judicature being in that House and having the Militia to maintain it That House might wrong the Commons as they pleased and they remain without Remedy Fourthly That all the Privy Council the chief Judges and General Officers both by Sea and Land being Members The Lawyers and Officers of profit of whom the Body of the House of Commons would be made up would be the Creatures and Mercenaries of one or other of them of the other House and so make the House of Commons to be nothing but the Executioners of their Lords and Masters Will 's But notwithstanding these and many more excellent Arguments incomparably pressed by persons of great Vertue and Abilities the servile and mercenary Court-party would not be prevailed with to bound and approve the Members sitting in the other House before they put it to the Vote for transacting with them which made the Commonwealths-men immediately as the Question was coming on to except against the Constitution of the House as having sixty persons in it sent from Scotland and Ireland which had no Right nor Title to sit which they did as being affraid to venture the Question for the transacting with the other House without first bounding and approving therewith With this new-started exception which held afterwards fourteen dayes Debate the House risse and the next day Mr. Chute their Worthy and Impartial Speaker finding himself indisposed desired to be dismissed the service but the House valuing him at a high Rate would not accept of his Resignation but dispensed with his attendance untill he should recover his health by withdrawing into the Countrey or otherwise as he should think fit and to supply his place in the mean time Mr. Long Recorder of London was chosen but it pleased God the great Disposer of all things to end both their dayes before the end of the Parliament taking away the latter first in whose room as supplying Mr. Chutes's place was chosen Mr. Bamfield Mr. Chute being yet living though lived not to come any more unto the House The Debate concerning the Scotch and Irish Members came on which run several wayes The Courtiers after they found the want of Law flew to Prudence arguing that for obliging the Scotch and Irish Nations their Members ought to be admitted to which was answered that nothing could be more provoking to those two Nations then fraudulently to give them the Name of having Members in Parliament when in truth by the late Elections they had few or none most of them being chosen at White hall whereof some had hardly been ever nearer Scotland then Grayes-Inne But besides this answer to the Courtiers Arguments of Prudence The Commonwealths men argued against their sitting as having no legal Right or Title to sit and that without keeping to legal Rules Foundations could not be maintained for otherwise they that