Linguistic DNA - Concept Modelling Demonstrator

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
justice_n	peace_n	power_n	session_n	3,270	5	10.2826	5	false

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A56189	A plea for the Lords, and House of Peers, or, A full, necessary, seasonable enlarged vindication of the just, antient hereditary right of the earls, lords, peers, and barons of this realm to sit, vote, judge, in all the parliaments of England wherein their right of session, and sole power of judicature without the Commons as peers ... / by William Prynne.	Prynne, William, 1600-1669.	1659 (1659)	Wing P4035; ESTC R33925	413,000	574

shall prove by most clear and infallible evidences and presidents as well antient as modern Our Noble King Alfred as he ordained for the good estate of the Realm that the Earls and Noble thereof by a perpetual custom should twice every year or oftner in times of Peace assemble together in Parliament at London to govern the people of England and keep them from sinne as Andr. Horn informs us in his Mirrour of Justices c. 1. p. 10. So the same Author records c. 5. p. 296 297 c. That this royal Justiciary who took a short account each year of all his Judges proceedings in his Parliaments condemned and hanged up in one year about An. 890 as I conjecture no lesse than 44 of his Judges and Justices as Murderers for executing his Subjects and putting them to death against Law without any legal cause or sufficient evidence or tryal by a Jury of their Peers and imprisoned fined punished others of them in the self same kind as they had injuriously imprisoned fined and punished his Subjects against Law and that no doubt by the advise and assent of his Nobles in Parliament upon complaint of their injustice and corruption the proper Court for punishment of such Offenders whose names and causes recorded at large by this Author shew them to be all Commoners and no Peers of the Realm Anno 1096. William de Anco and William de Alderi were hanged for Treason against William Rufus by judgment of the Lords in a Parliament at Salisbury King Henry the 2. Anno 1166. holding a Council at Oxfâ—quidam pravi dogmatis seminatores tracti sunt IN JUDICIUM praesente Rege et Episcopis Regni quos Ã fide Catholica devios et in examine superatos facies cauteriata notabiles cunctis exposuit qui expulsi sunt Ã regno These Hereticks thus branded in the face and banished the Realm by the judgement of the King and this Council ae Nubrigensis informs us were above 30. men and women who came out of Germany into England under one Gerard their Captain stiled Publicans who went about the Country to spread their errors but at last being detected they were apprehended and cast into prison and then brought before the King and a Council of his Bishops where being convicted of Heresie they were adjudged by the K. to be publikely whipped branded in the face and then banished the Realm Hujus severitatis pius rigor non peste illa quae jam irrepserat Angliae regnum purgavit verum etiam ne ulterius irreperet incusso haereticis terrore praecavit as Nubrigensis observes In the year 1224. the 8. of King Henry the 3. his reign the King requiring a restitution and resumption of his Castles and Lords detained from him by some Nobles and others who at last for fear of the Bishops excommunication against such as detained them and disturbed the peace of the Realm and also of the Kings power and justice much against their wills reddiderunt singuli Castella et municipia et honores et custodias Regi quae ad coronam spectare videbantur Thereupon Falcatius de Breut a Norman born a Soldier under King John in the Barons wars trusting on the Kings and other great mens favors fortified the Castle of Bedford situated on another mans ground and presuming on his friends and his own military power and wealth gained in the wars he feared not violently and unjustly to take away the Freeholds lands and possessions of divers of his neighbours and more epecially he disseised 52. Freemen in the Manor of Luiton of their Freeholds and Tenements without judgement and appropriated their Common pastures to himself Whereof complaint bing afterwards made to King Henry the 3. Anno 1224. the King assigned Martin de Pateshulle Thomas de Multon Henry de Braibroc and certain other Justices to take the recognition of the parties complaining of these disseisins by an Assise of Novel disseisin and to do them Justice Who having received their recognitions according to custom the said Falcatius was condemned to pay them costs and damages for the spoils done in the said Tenements to which the Plaintifs were judicially restored Which Falcatius taking very impatiently being likewise amerced one hundred pounds to the King for every of the said Tenements for his forcible entry into them he in a great fury commanded his Garison souldiers in the Castle of Bedford to march armed to Dunstaple where the Justices Itinerant sate and gave judgement against him and to take and bind them in chains and carry them to Bedford Castle and there detain them close prisoners in the Dungeon The Justices having notice thereof fled thence with all speed some one way some another but Henry de Braibroc flying was at unwares taken by the Souldiers who used him very inhumanly then carryed him prisoner to Bedford Castle and there kept him prisoner King Henry at that time was at Northampton where he held a Parliamentary Council Cum Archiepiscopis Episcopis Comitibus Baronibus et aliis multis de regni negotiis tractaturi voluit erim Rex uti consilio MAGNATUM SUORUM de terris transmarinis quas Rex Francorum paulatim occupaverat but it hapned otherwise than he hoped For the rumor of this act of Falcatius being divulged the wife of the said Henry Braibroc came to the King at Northampton et audiente univerâ—o Concilio de viro suo cum lachrymis querulans deposuit Quod Rex factum minus indigne ferens quaesi vit Consilium a Clero simul et Populo to wit the Spiritual and Temporal Lords Clerus Regni Populus when single being frequently used for the Lords Spiritual and Temporal both in Matthew Paris Hoveden Bromton and others not for the inferiour Clergy and Commons house not then in being as some Antiquaries mistake quid sibi super tanta injuria foret agendum At omnes una voce concilium Regi dederunt quatenus sine mora et omnibus aliis praetermissis negotiis in manâ— valida et armata ad Castrum praedictum procedens tantam temeritatem studeat vindicare Cumque Domino Regi placuisset SENTENTIA ipso jubente omnes ad arma quam citius convolantes ad castellum praedictum de Bedeford tam Clorus quam Populus pervenerunt The whole Parliament marching in person to execute this their Sentence upon these transcendent military Malefactors Hereupon the King sending Messengers to the Commanders of the Castle required entrance to be given to him and commanded Henry Braibroc his Justice to be rendered But William de Brent Brother of Falcatius and the rest within it answered the Messengers that they would not render the Castle nor Justice unless they had a command from their Lord Falcatius and especially for this reason quod Regi de Homagio vel fidelitate non tenebantur astricti With which answer the King being much incensed commanded the Castle to be presently encompassed with military

4. n. 19 20 21. upon these and other Petitions of forcible disseisins and for imprisoning the Abbot of Meniham in Devonshire THE KING LORDS adjudged that this Sir Philip Courtney should be bound to his good behaviour and committed to the Tower for his contempt From which records it is evident First that Members of the Commons house may be complained and petitioned against for misdemeanors and put to answer before the King and Lords in Parliament and there fined and judged not before the Commons house and that this was the antient way of proceeding Secondly that the Commons cannot suspend or discharge any of their fellow-Commoners or Knights from sitting in Parliament but only the King and Lords in full Parliament in whom the power of Judicature rests much less then can they expell or eject any of their Members by their own authority without the King and Lords concurrent consents No more than one Justice of peace Committee-man or Militia-man can un-un-Justice or â—move another since Par in parem non habet Imperium neither in civil military ecclesiastical nor domestical affaiâ— Thirdly that the power of restoring readmitting aâ—ended Member of the Commons house belongs not to the Commons themselves but to the King and Lords to whom the Commons in this case addressed themselves by petition for Courtneys readmission after his submission of the complaints against him to the arbitrement of those Members to whom the King and Lords referred the same In the Parliament of 17 Rich. 2. num 23. It was accorded and resolved by the King and Lords at the Complaint petition request of the Commons that Roger Swinerton who was endited of the death of one of their companions Iohn de Ipstones Knight of the said Parliament for the County of Stafford slain in coming towards the said Parliament by the said Roger should not be delivered out of prison wherein he was detained for this cause by bail mainprise or any other manner until he had made answer thereunto and should be delivered by the Law The Commons alone by their own power having no authority to make such an order even for the murther of one of their own Members without the King and Lords who made this ordinance at their request I find this objected against King Richard the 2. in the Parliament of 1 H. 4. n. 37. That he frequently sent his Mandates to Sherifs to return certain persons named only by himself and not freely chosen by the people to be knights of Shires thereby to effect his own ends and oppress the people with Subsidies But yet I find not in all his reign any one Knight thus unduly returned questioned by the Commons or suspended the House much less ejected by them or by the King and Lords upon the Commons complaint thereof unto them A clear evidence they had then no such power to eject their Members for being unduly elected returned as how they use In the Parliament of 20 R. 2. n. 14 15 16 17. The King being highly offended with the Commons for receiving Haxyes Bill said that the Commons thereby had committed an offence against him his dignity and liberty the which he willed THE LORDS to declare the next day to the Commons Who thereupon delivering up the Bill came fort with before the King shewing themselves very sorrowfull declaring to him that they meant no harm and submitting themselves to the King herein most humbly craved his pardon Whereupon the Chancellor by the Kings commandment declared That the King held them excused and the King by mouth declared how many wayes they were bound unto him Lo here the whole House of Commons submit themselves to the King in the House of Lords as Judges of them and their misdemeanors in Parliament and crave pardon for offending him In the Parliament of 2 H. 4. n. 45 46. The Commons house petitioning the King that the Act for his moderation of the Statute against Provisions might be examined for as much as the time was recorded otherwise than was agreed by them The King granted thereunto by protestation that the same should be no example where after Examination by the Bishops and Lords they affirmed the same to be duly entred which the King also remembred Whereupon the COMMONS the same day for this their misinformation came into the Lords House and knÃ©eling before the King beseeched the King to pardon them if happily they through ignorance had or should offend him which the King granted Here the Bishops and Lords are Judges of the Commons misinformation misentry of an Act and the King of their Offence against him in Parliament by this misinformation which he pardons them upon their humble submission and no doubt might have punished them for it by the Lords assent and advice had he pleased So farr are they from being Judges in Parliament that themselves may there be judged if they therein offend as all their Speakers usual protestations and petitions to the King when presented evidence That the Commons may have liberty of speech and that if any Members in the House of Commons in communication and reasoning should speak more largely than of duty they ought to doe that all such offences may be pardoned which the King may punish if there be cause unâ—eâ—â—â— he pardon it of record upon the Speakers Protestation before hand Sir Edward Cook himself as well as the Parliament Rolls and experience informs us of these particulars touching the Speakers of the Commons House in Parliament their chiefest Member 1. That though the Commons are to chuse their own Speaker and that by the kings special command and license to them in every Parliament since they had one not with due â— who likewise prescribes them the time when to present him yet the use is as in the Conge de eslâ—yer of a Bishop that the king doth name a discreet and learned man to them whom the Commons do eâ—ect pro formâ— only because he cannot be appointed for them without their election being their mouth and â—usted by them 2ly That after the Commons choice the King may refuse him 3ly That after he is chosen he must be presented to the king by the Commons in the Lordâ— House for his approbation and confirmation in that plaâ—s the Commons sending up some of their Members to acquaint the Lords Spiritual and Temporal that according to the Kings command they had chosen such a one their Speaker and are ready to present him at the â—me appointed 4ly That where he is thus presented he is in disable himself for so weighty a service and to make sutâ— to the King to be discharged and a more sufficient man chosen in his place To which I shall adde that upon this excuse the king may discharge him if he please and command the Commons to elect another as King Henry the â— did discharge Sir John Popham when presented Speaker to him by the Commons in the Parliament

ever violated in oppugning all arbitrary tyrannical Proceedings Taxes Oppressions Encroachments ill Counsellors and bad Instruments both of Kings and Popes themselves in inflicting exemplary punishments upon all Traytors Enemies to the publike both in our Parliaments and the Field too when there was occasion the principal whereof I have here presented to your view in a Chronical method will be a great accession to your Honour the best vindication of your antient undoubted Parliamentary Jurisdiction Right Power Judicature against all Opposites till the accomplishment whereof I shall humbly recommend this enlarged Plea in your Honors defence to your Noble Patronage who can pitch upon no better nor readier means to support your declining Honor and Authority or to re-indear your selves in the Peoples affections than in these distracted dangerous stormy times to ingage all your interest power activity speedily to settle secure Gods Glory Truth Worship the publike Laws Peace Liberty Safety of the Kingdom against all open Opposers and secret Underminers of them to unburthen the people of their long-continued heavy Taxes the Souldiers insolencies free-quarters to redress all pressing grievances all oppressing arbitrary Committees proceedings contrary to the rules of Law and Iustice to right all grieved Petitioners especially such who have waited at least seven years space at your doors for reparations to relieve poor starved Ireland raise up the almost lost honor power freedom reputation of Parliaments by acting honourably heroically like your selves without any fear favour hatred or self-ends by confining your selves with the Commons House to the antient bounds rules of Parliamentary Jurisdiction proceedings and by endeavouring to excel all others as farr in Iustice Goodness and publike resolutions as you do in Greatness and Authority Which that you may effectually perform as it is the principal scope of this Plea for your Lordships which whether you stand fall or by way of Remitter recover your antient rights again after a violent discontinuance of them for a season will remain as a lasting Monument to all Posterity of your undubitable just Right to sit and judge in all English Parliaments So it shall be the constant prayer of Your Lordships devoted Servant WILLIAM PRYNNE From my Study in Lincolns Inne 7. Junii 1647. To the Ingenuous READER THis Plea for the LORDS and House of PEERS was first suddenly compiled and published by me in the year 1647 when Lilburn Overton with their Iesuitical and Anabaptistical levelling Confederates endeavoured by sundry seditious Pamphlets libels Petitions then printed dispersed in the City Army Country to extirpate the Lords and House of Peers together with the King and Monarchy by engaging the vulgar Rabble Souldiers and Commons to suppresse pull down or cast off their superiour just antient legal authority over them not only against the expresse Laws of God and the Realm their own Oaths of Supremacy Allegiance Protestation Covenant but the very Law of Nature it self universally received amongst all Nations whatsoever Haec enim lex Naturae apud omnes Gentes recepta est quam nullum tempus delebit UT SUPERIORES INFERIORIBUS IMPERENT Which Law these unnatural Bedlams would now quite obliterate endeavouring to set up that Aâ—axy disorder in Government which Solomon and God himself by him so much complain of Eccles 10.5 6 7. There is AN EVIL I have seen under the Sun as AN ERROR that proceedeth from the Ruler Folly or persons of mean fortune parts birth is set in high dignity and the rich set in low place I have seen Servants upon Horses and Princes walking as Servants upon the earth Which disorder he thus censures Prov. 19.10 Delight is not seemlâ— for a fool much lesse for a Servant to have rule over Princes The sad effects whereof he thus relates Prov. 30.21 22. For three things the Earth is disquieted and for a fourth which it cannot bear the ã€ˆâ—Šã€‰ and chief whereof is this For a Servant when he reigneth To which David subjoyns another ill consequence Psal 12.8 The ungodly walk on every side when the vilest of the Sons of men are exalted which the Chaldâ— paraphrase thus glosseth In circuitu improbi ambulant tanquam sanguisugae qui sugunt sanguinem filiorum hominum the peasantry when exalted above the antient Nobility and Gentry being usually both intollerably proud insolent cruel bloâ—dy according to the old observation of Claudians and others Asperius humili nihil est cum surgit in altum Cuncta ferit dum cuncta timet desaevit in omnes Vt se posse putent nec bellua tetrior ulla Quam servi rabies in libera collâ— furentis Agnoscit gemitus et paenae parcere nescit This was experimentally verified not only in Wil. Langhamp heretofore and other particular persons advanced from low degree to places of greatest honour but in the popular insurrections of John Cade Jack Straw Wat Tyler and others who intended to murther the King destroy the Nobles Judges Prelates Lawyers and chief Gent. they could meet with than to seise upon their lands estates and make themselves Kings Lords in their steads and share the Kingdom Government between them and by the Anabaptists proceedings of like Nature at Munster and other places in Germany whom the present Levellers of this sect would doubtlesse imitate could they get but sufficient power into their hands My absence in the Country whiles this Plea was printing caused many material mistakes of words and one grosse mutilated transposition in Cheddars case in its first Edition p. 48 52. which I could not correct most of the Books being dispersed before I could get an Errata printed and the small time I had to compile it necessitated me to omit many material Records Presidents Histories pertinent to this Argument Whereupon to right my self with the Lords whose cause I pleaded and the Readers I soon after resolved to publish a corrected much inlarged Impression thereof but other publike Imployments and publications retarding it and the whole House of Lords some few Months after being forcibly suppressed my self with sundry other Members of the Comunions House secured secluded and after that dispersed and sent close prisoners by Mr. Bradshaws illegal Warrants unto several remote Castles without any hearing or cause expressed or recompence for the Injuries damages thereby sustained this much augmented Plea hath lyen dormant ever since and had never been awaked to walk abroad in publike had not the late loud unexpected Votes at Westm of a NEW KING AND HOUSE OF LORDS under the Name Notion of ANOTHER HOUSE passed by some who had lately c suppressed decryed engaged against them both as uselesse dangerous oppressive burthensom tyrannical c. revived and raised it out of the Grave of Oblivion The Subject matters principally debated and vindicated in it are only two First That all the Dukes Marquesses Earls Viscounts Barons Lords of England have an undoubted antient just Right Privilege to sit vote in all Parliaments

House nor any Speaker of their Houâ—e that we find in History or Record till 51 E. 3. Therefore doubtlesse they had no judicial power or jurisdiction 4ly When they became a House and had a Speaker they could neither chuse their Speaker in any Parliament without a command to and license first granted them by the King Lord Chancellor or the person implyed by the King to shew the causes of summoning the Parliament who gave them a command to elect their Speaker and then to present him to the King and Lords for their approbation of him at the time prescribed them who had then power to allow or disallow their Speaker and to order them to elect another then or afterwards incase of unfitness sickness imprisonment or any other just ground or excuse as our Parl. Rolls and others attest If then the Commons can neither elect their own Speakers nor approve nor remove them but by the Kings and Lords approbation who may discharge them upon just grounds and order rhem to elect others in their places and that against their wills as in the case of Thorpe hereafter cited Then certainly the judicature in all other cases as well as this of their very Speakers and Members too resided still in the King and Lords and was not communicated to the Commons House 5ly The Commons House inability to administer an Oath to any person in any case which the Lords alone have power to doe in Parliament 6ly Their Petitions Articles of complaint and Impeachments in all Parliaments delivered and sent up to the Lords against Delinquents in Criminal causes as well of Commons as Peers Clergy men as secular persons and their praying the Lord to judge and give sentence against them 7ly Their prosecuting and giving in evidence against all sorts of Deliquents at the Lords Bar as accusers 8ly Their standing always in such cases and that bare headed in the Lords House as Prosecutors Informers Grand-Jurymen whiles the Lords alone fit and that covered and only give pronounce the iudgement and that in the Comons absence for the most part not presence 9ly Their having no voice or share at all in the hearing examining debating reversing erronious Judgements in other Courts upon Writs of Error brought in Parliament but the Lords alone 10ly The Kings Judges not sitting amongst them but only in the House of Peers to authorize and assist them in their judgements are all infallible arguments and clear irrefragable demonstrations that the Judicatory or judicial power of Parliaments was never communicated to the Commons House upon their first admittance into Parliament nor since but remained intirely fully in the King and Lords alone as it did before That this is so in truth I have the express acknowledgement and confession of the whole House of Commons themselves long since in the Parliament of 1 H. 4. rot Parl. n. 79. remaining on record to all Posterity with the Kings and Lords concurrent resolution both from the time of the Commons first admission and for all succeeding ages The Commons in this Parliament November 3. made their Protestation in the same manner they had done in the beginning of the Parliament and more over shewed to the King Come les Ioggementz du Parlement apperteignent soulement au Roy et Seignieur et nient as Communes c. That the Judgements of Parliament appertained only to the King and to the Lords and not unto the Commons And thereupon they praâ—ed the King out of his special grace to shew unto them the said Iudgements and the cause of them that so no Record migâ—t be made in Pâ—rliamenâ— against the said Commons which are or shall be parties to any judgement given or hereafter to be given in Parliament without that privity Whereunto the Archbishop of Canterbury gave them this answer by the Kings commandment That the Commons themselves are Petitioners and demanders Et que le Roy et les seigniours de tout temps ont eues et averont de droit les juggement in Parliament en manere come mesmes les Communes sont monstrez and that the King and Lords from all times have had for times past and shall have for time to come of right the Iudgements in Parliament in manner as the Commons themselves have shewed Saving that in Statutes to be made â—or in Grants and Subsidies or in such things as are to be doâ—e for the common profit of the REALM the KING will have especially their advice and assent By this memorable Record in Parliament it is apparent by the Commons own confession First That the Judgments in Parliament even in cases of Commoners themselves and Members of the Commons House as well as Peers appertain only to the King and to the Lords in the Affirmative Secondly That they appertain not to the Commons in the Negative Thirdly A Confession both of the Commons King and Lords That they have from all times in all ages before that Parliament appertained to the King and Lords and that of right not by usurpation or connivence Fourthly An express order and resolution that the King and Lord shall alwayes kÃ©ep and hold this their Right of Iudicature in all times to come without admitting the Commons to share therein upon this their Petition as not fit to be granted them Fifthly That if the Commons should be admitted at any time to be parties or privies to the Judgements in Parliaments as they then desired it would be meerly out of the Kings special Grace Sixthly That the special reasons ends of the Kings summoning the Commons to Parliaments at the first and ever since were only these especially 1. to have their advice in Statutes to be made 2. in Grants or Subsidies 3. in such things as are to be done for the common profit of the Realm not to give them the least share right or interest in the Judicature or Judgements of Parliament as it is the supremest Court of Justice The Judicial Power and the Judgements in Parliament being never transferred in part or whole by the King and Lords to the Commons House but intirely reserved to themselves as before their admission inâ—o our Parliaments as I have proved it follows inevitably from thence 1. That all Judgements given by the Commons House alone or by any of their Committees of Sequestrations Examinations plundered Ministers c. without the Lords are meerly void and null in Law being Coram non judice and may be justly questioned and vacated by the Lords upon appeal or complaint as Nullities 2. That the House of Commons have no more right or power to judge or vote down the Lords House or question or null their Judgements upon appeals to the Commons from them as Lilburn and Overton pretend they may than the Grand or Petty Jury have to Vote down the Judges and Justices of Assize or Sessions from the Bench or to reverse or repeal their Judgements and Orders Or the Common Council of London to

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