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A33234 Mr. Hides argvment before the Lords in the Vpper Hovse of Parliament, April 1641; Argument before the lords in the Upper House of Parliament, April 1641. Clarendon, Edward Hyde, Earl of, 1609-1674. 1641 (1641) Wing C4419; ESTC R21851 5,003 15

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Mr: HIDES ARGVMENT BEFORE THE LORDS IN THE VPPER HOVSE of Parliament Aprill 1641. Printed in the yeare 1641. Mr. HIDES ARGVMENT Before the LORDS in the upper House of Parliament Aprill 1641. MY Lords I am commanded by the Knights Citizens and Burgesses of the House of Commons to present to your Lordships a great and crying grievance which though it be complayned of in the present pressures but by the northern parts yet by the Logick and Consequence of it it is the grievance of the whole Kingdome The Court of the Presidents and Counsell of the North or as it is more usually called the Courts of Yorke which by the spirit and ambition of the Ministers truste● there or by the naturall Inclination of Courts to inlarge their owne power and Iurisdiction hath so prodigiously brake downe the bankes of the first Councell in which it ranne that it hath almost over-whelmed that Countrey under the Sea of Arbitrary power and involved the people in a Laberynth of distemper oppression and poverty Your Lordships will give mee leave not with presumption to informe your great understandings but that you may know what moved the house of Commons to their resolutions to remember your Lordships of the foundation and erecting this Court and of the progresse and growth of it Your Lordships well know that upon the suppression of all religious houses to such a valew in the 27 yeare of H. 8. from that time to the thirtieth yeare of that Kings raigne many not fewer then sixe Insurrections and Rebellions were made in the Northerne parts under pretence of that quarrell most of them under the command of some eminent person of that Countrey the which being quieted before the end of the thirtieth yeare that great King well knowing his owne mind and what hee meant to doe with the great Houses of Religion in the yeare following for prevention of any inconvenience that might ensue to him upon such distemper in the 31. yeare of his Reign granted a Commission to the Bishop of Landaffe the first President and others for the quiet government of the County of Yorke Northumberland Cumberland and Westmerland the Bishopricke of Durham the counties of the Cities of Yorke Kingston upon Hull and New-castle upon Tyne But my Lords this Commission was no other then a Commission of Oyer and Terminer onely it had a clause at the end of it for the hearing of all causes reall and person quando ambae partes vel altera pars sic gravata paupertate fuerit quod quomodo vis suum secundum legem Regni nostri aliter persequi non possit which clause how illegall soever for that it is illegall and voyd in Law little doubt can be made yet whether they exercise that part of the Commission at all or so sparingly exercised it that poore people found ease and benefit by it I know not but at that time I find no complaint against it till the comming in of King Iames the Commission continued still the same and that in the first yeare of his Reigne to the Lord Sheffeild varied no otherwise from the former saue onely it had reference to Instructions which should be sent though any new sent or no is uncertaine but wee can find none In Iune in the seventh yeare of the Reigne of King Iames a new Commission was granted to the same man the Lord Sheffeild very differing from all that went before it being left out that they should enquire per sacramentum bonorum legalium hominum and to heare determine secundum leges Angliae Relation being had onely to the Instructions which were the first Instructions wee can find were sent thither though I told your Lordships there were some mentions of some In 1. I shall not trouble your Lordships with these Instructions nor with the other that followed in 14. Iacobi to the same man nor in 16. Iacobi when a new Commission was granted to my Lord Sunderland nor indeed with any till we come to these present Instructions and Commissions under which that part of the Kingdome groans and languisheth My Lord of Strafford came to that government in Decemb. 4. Caroli and since the Commission hath beene three severall times removed in the fift yeare in March in the eighth in Novemb. in the thirteenth yeare of his Majesties raigne into that Commission of 8. and 13. a new clause served in for the granting sequestring and establishing Possessions according to instructions crowded in a Masse of new exorbitant and intollerable power though our complaint be against this Commission it selfe and against the whole body of those instructions I shall not mispend your Lordships pretious time in desiring to have the whole read but shall presume to trouble your Lordships only with five or six of the instructions that by the vast irregularity of those your Lordships may judge how insupportable the whole burthen is I shall not trouble your Lordships with the ninth Instruction though it be but short which introduceth that miseram servitatem ubi jus est vagum incognitum by requiring an obedience to such ordinances and determinations as be or shall bee made by the Councell Table or high Commission Court A grievance my Lords howsoever consuetudo peccantum claritas nobilitaverit han● culpam of so transcendent a nature that your Lordships noble Iustice wil provide a remedy for it with no lesse care then you would rescue the life and blood of the Common-wealth Reade the 19. 22 23 24. 29. and 30. I will not trouble your Lordships with reading more there being among them in the whole 58. Instructions scarce one that is not against or besides the Law Whether His Majestie may caution out a part of his Kingdome to be tryed by Commission though according to the rules of Law since the whole Kingdome is under the Lawes and government of the Courts established at Westminister and by this reason the severall parts of the Kingdome may bee deprived of that priviledge will not bee now the question that his Majestie cannot by Commission erect a new court of Chancery or a proceeding according to the rules of the Star-chamber as most clear to all who have read Magna Charta which allowed no proceedings nisi per legale judicium parium per legem terrae for our court of Chancery heare by long usage and proscription is growne to bee as it were lex terra But my Lords the thirtieth Instruction goes further and erects such an Emprie such a Dominion as shall bee lyable to no contrary The Courts of Westminster my Lords have superintendences over all inferiour Courts to regulate their jurisdictions if they exceed their limits As to hold Plea of greater valew or the like in his exercise of Iurisdiction the Iudges are sworne to grant and send prohibitions and to stop the granting of these prohibitlons or to neglect them when they are granted is the greatest and boldest scorne of the Law and the Law-makers that can be