Selected quad for the lemma: lord_n
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A67870
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A briefe discourse, concerning the power of the Peeres, and Commons of Parliament, in point of judicature written by a learned antiquerie, at the request of a peere, of this realme.
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Selden, John, 1584-1654.
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1640
(1640)
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STC 22166; ESTC R212268
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3,659
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10
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A Briefe Discourse Concerning The Power of the PEERES and Commons of PARLIAMENT in point of Judicature Written by a Learned Antiquerie at the Request of a Peere of this REALME Printed in the yeere That Sea-Coale was exceeding deare 1640. A BRIEFE DISCOVRSE Concerning the power of the Peeres and Commons of Parliament in point of Iudicature SIR to give you as short an account of your desires as I can I must crave leave to lay you as a ground the frame or first modell of this state When after the period of the Saxon time Harold had lifted himselfe into the Royall Seat the Great men to whom but lately he was no more then equall either in fortune or power disdaining this Act of arrogancy called in William then Duke of Normandy a Prince more active then any in these Westerne parts and renowned for many victories he had fortunately atchieved against the Franch King then the most potent Monarch in Europe This Duke led along with him to this worke of glory many of the yonger sons of the best families of Normandy Picardy and Flanders who as undertakers accompanied the undertaking of this fortunate man The Usurper slaine and the Crowne by warre gained to secure certaine to his posterity what hee had so suddenly gotten he shared out his purchasse retaining in each County a portion to support the dignity Soveraigne which was stiled ãâã ãâã now the antient Demeanes and assiguing to others his adventurers such portions as suited to their quality and expence retaining to himselfe dependancy of their personall service except such Lands as in free Almes were the portion of the Church these were stifed Barones Regis the Kings immediate Freeholders for the word Baro imported then no more As the King to these so these to their followers subdivided part of their shares into Knights sees and their Tennants were called Barones Comites or the like for we finde as in the Kings Writ in their Writs Baronilus suis Francois Anglois the soveraigne gifts for the most part excending to whole Counties or Hundreds an Earle being Lord of the one and a Baron of the inferiour donations to Lords of Towne-ships or Mannors As thus the Land so was all course of Judicature divided even from the meanest to the highst portion each severall had his Court of Law preserving still the Mannor of our Ancestors the Saxons who jura per pagâs reddebant and these are still tearmed court-Court-Barons or the Freeholders Court twelve usually in number who with the Thame or chiefe Lord were Judges The hundred was next where the Hundrus or Aldermanus Lord of the Hundred with the chiefe Lord of each Towne-ship within their limits judged Gods people observed this forme in the publike Centureonis decam Iudieabant plebem omni tempore The County or Generale placitum was the next this was so to supply the defect or remedy the corruption of the inferior Vbi Curiae Dominorum probantur desecisse pertinet ad vice-comitem Provinciarum the Judges here were Comites Vice-comites Barones Comitatus qui liberas in ãâã terrâââaâeant The last and supreme and proper to our question was generale placitum apud London universalis Synodus in Charters of the Conquerour Capitalis curia by Glanvile Magnum Commune consilium coram Rege magnatibus suis In the Rolles of Henry the 3. It is not stative but summoned by Proclamation Edicitur generale placitum apud London saith the Booke of Abingdon whether Epium Duces Principes Satrapâ Rectores Causidiâi ex omni parte confluxerunt ad istam curiam saith Glanvile Causes were referred Propter aliquam dubitationem que Emergit in comitatu tum Comitatus nescit dijudicare Thus did Ethelweld Bishop of Winchester tranferre his suit against Leostine from the County ad generale placitum in the time of King Etheldred Queene Edgine against Godâ from the County appealed to King Etheldred at London Congregatis Principibus sapientibus Anglia a suit between the Bishops of Winchester and Durham in the time of Saint Edward Coram Episcopis principibus Regni in presentia Regis ventilate finita In the tenth yeere of the Conquerour Episcopi Comites Barones Regni potestate adversis provinciis ad universalem Synodum pro causis audiendis Convocati saith the Booke of VVestminster And this continued all along in the succeeding Kings raign untill towards the end of Henry the third AS this great Court or Counsell consisting of the King and Barons ruled the great affaires of State and controlled all inferiour Courts so were there certaine officers whose transcendent power seemed to bee set to bound in the execution of Princes wills as the Steward Constable and Marshall fixed upon Families in fee for many ages They as Tribunes of the people or ex plori among the Athenians growne by unmanly courage fearefull to Monarchy fell at the feet and mercy of the King when the daring Earle of Leicester was slaine at Evesham This chance and the dear experience Henry the 3. himselfe had made at the Parliament at Oxford in the 40. yeare of his raigne and the memory of the many straights his Father was driven unto especially at Rumny-mead neare Staines brought this King wisely to beginne what his successour fortunately finished in lessening the strength and power of his great Lords and this was wrought by searching into the Regality they had usurped over their peculiar Soveraignes whereby they were as the Booke of Saint Albans termeth them ãâ¦ã And by the ãâã that hand of power which they carried in the Parliaments by commanding the service of many Knights Citizens and Burgesses to that great Counsell Now began the frequent sending of Writs to the Commons their assent not onely used in money charge and making Lawes for before all ordinances passed by the King and Peers but their consent in judgements of all natures whether civill or criminall In proofe whereof I will produce some few succeeding Presidents out of Record When Adamââ that proud Prelate of Winchester the Kings halfe brother had grieved the State by his daring power he was exiled by joynt sentence of the King the Lords and Commons and this appeareth expressely by the Letters sent to Pope Alexander the fourth expostulating a revocation of him from banishment because he was a Church-man and so not subject to any censure in this the answer is Si Dominus Rex Regni majores hoc vellent meaning his revocation Communitas tamen ipsius ingressum in Angliâm jam nullatââus sustineret The Peeres subsigne this answer with their names and Petrus de Mountsord vice totius Communitatis as speaker or proctor of the Commons For by that stile Sir Iohn ãâã Prolocutor affirmeth under his Armes the deed of Intaile of the Crowne by King Henry the 4. in the 8. yeare of his raigne for all the Commons The banishment of the two Spencers in the 15. of Edward
the second Prelate Câmites Barones et les autres Peeres de la ãâã Communâs de Roialme give consent and sentence to the revocation âeversement of the former sentence the Lords and Commons accords and so it is expressed in the Roll. In the first of Edward the 3. when Elixabeth the Widdow of Sir Iohn de Burgo complained in Parliament that Hugh Spencer the younger Robert Boldââk and William Cliffe his instruments had by duresse forced her to make a Writing to the King whereby she was despoyled of all her inheritance sentence is given for her in these words ãâã ãâã avis est al ãâã Counts Barones autres grandâs a tout Câmminââââ de la terre que le dit escripâ est fait contre ãâã ãâ¦ã per agard deâ Parliamâdam sue elloques al livre a la diâ ãâã In An. 4. Edward 3. it appeareth by a Letter to the Pope that to the sentence given against the Earle of Kent the Commons were parties as well as the Lords and Peeres for the King directed their proceedings in these words Comitibus Magnatibus Baronibus aliis de Communitate dicti Regni ad Parliamentum illud congregatis injunximus ut super âis discernerent judicarent quod ratiâni et justitiae conventret habere prae ãâã solum Deum qui cum concordi unanimi sententia tanquam rârum crimmis ãâã majestatis mârti adjudicarent ejus sententia c. When in the 50. years of Edward 3. the Lords had pronounced the sentence against Richard Lyons otherwise then the Câmmons agreed they appealed to the King and had ãâã and the sentence ââtred to their desires When in the first yeare of Richard the second William Westân and Iohn âennings were arraigned in Parliament for surrendring certaine âores of the Kings the Commons were parties to the sentence against them given as appeareth by a Memorandum annexed to that Record In the first of Henry the 4. although the Commoâs referre by protestation the pronouncing of the sentence of deposition against King Richard the second uâto the Lords yet are they equally interessed in it as it appeareth by the Record for there are made Proctors or Commissioners for the whole Parliament one B. one Abbot one ãâã Baron and 2. Knights Gâây Erpingham for the Commons and to inâer that because the Lords pronounceth the sentence the point of judgement should be onely theirs were as absurd as to conclude that no authority was best in any other Commissioner of Oyer and Terminer then in the person of that man solely that speaketh the sentence In 2. Henry 5. the Petition of the Commons importeth no âsse then a right they had to act and assent to all things in Parliament and so it is answered by the King and had not the adjournall Roll of the higher house beene left to the sole ãâã of the Clarke of the upper House who ãâã out of the neglect to observe due forme or out of purpose to obscure the Commons right and to flatter the power of those he immediately served there would have beene frequent examples of all times to cleere this doubt and to preserve a just interest to the Common-wealth and how conveniently it suites with Monarchy to maintaine this forme lest others of that well framed body knit under one head should swell too great and monstruous It may be easily thought for Monarchy againe may sooner groane under the weight of Aristocracie as it once did then under Democracie which it never yet either felt or fear'd FINIS ãâ¦ã ãâ¦ã ãâ¦ã ãâ¦ã Parl. Ann. 5. E. 3. Par. Ann. 1. Richa 2. 11. 3. 8. and 3 5. Rot. Parl. An. 2. H. 6.