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lord_n day_n great_a judgement_n 11,581 5 5.9316 4 false
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A75319 The antient land-mark skreen or bank betwixt the prince or supreame magistrate, and the people of England. By the right of inheritance which the nobility & baronage of England have to sit in the House of Peers in Parliament. 1659 (1659) Wing A3068; Thomason E972_9; ESTC R34 7,893 20

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THE ANTIENT LAND-MARK SKREEN or BANK BETWIXT The Prince or Supreame Magistrate and the People of ENGLAND BY THE Right of Inheritance which the NOBILITY BARONAGE of ENGLAND have TO Sit in the House of PEERS IN PARLIAMENT March 12th LONDON Printed by T. W. for Daniel White at the seven Starrs in S. Paul's Church-Yard 1659. The antient Land-marke Skreen or Bank betwixt the Prince or Supream Magistrate and the People c. IT should be confessed by all that have but Travailed the ordinary Roades and pathes of the book of God and Scripture that the Princes and heads of the Tribes of the people of Israel in and after the Theocraty or time of Gods own government of them and in the Raign of the Kings which he extraordinarily blessed and appointed over them were of their greatest and most eminent Councells and Sanhedrims And not to be denyed by those that have been acquainted with the Greek and Roman Histories That the Patricii of the one and the wise and great men of the other were alwaies made use of and preferred in their Senates and Councells as men of the greatest understanding and interest attended by their own virtues education and fitnes as well as those of their Ancestors In Imitation and conformity whereof and that conduct of reason and successe which had incouraged all the Civilized people and Nations of the earth rather to follow than desert such universally approved experiments Our no foolish English progenitors did not think they should do themselves or posterity any harme to tread the same steps and embrace and make much of the Truth in the old paths thereof And hence it was that our over-warlike and too much busied forefathers the Saxons in their Civil Wars and Discords took it to be neither dangerous nor useles to make their Princes and Ealdermen which were the same with our Earles and Barons the later being the Genus I. Brampton hist Joruall or foundation of the former of their Councells and Parliaments as King Ina did in Anno 711. Now above nine hundred 40 and 7 yeares ago and then not remarqued for any Novelty Selden Tit. Honour Ca. 5 sect 6 632. Bede lib. 2. Ca. 13. in a Parliament or place where he made his Lawes That Edwin King of Northumberland when he was perswaded to become a Christian consulted cum principibus Consiliariis suis or with his Ealdormen as King Alfred expounded those wordes in Bede And Cynewlf King of west-Saxe Selden Tit. Honour 701. cum Caterva Satraparum with the whole body of his Nobility That William the Conquerour Math. Paris 75. Consilio Baronum suorum restored our English Lawes And Henry the first at his Coronation saith Mathew Paris made Lawes Consilio Baronum suorum For Comes or the title of an Earle derived or branched out of the Baronage could not be so separate from the person of the Prince in the interpretation of the word Ex vi termini or the legall Custome or appropriation of it as not to be with the King or supream Magistrate in his great and publique Councels or Parliaments And by the longest Prescription or use of any Lawes or good Customes which we now have in the English Nation from long before the Conquest without any interruption untill the yeare 1648. The Nobility and Barons of England may clayme and ought to enjoy it as well as any other part of the people do all or any part of their inheritances which they would be unwilling not to have called their own or not to be justified by an Immemoriall Prescription And therefore in the Grants and Letters Patents of Earles of long or great Antiquity as in that of the Earldome of Hereford to Miles de Glocestria by Maud the Empresse She grants it with all liberties and customes as honorably as any former Earle of that County enjoyed it And to Awbrey de Vere of the Earldom of Oxford by King Henry the Second now above 500 yeares past it was Ita liberé honorificè as freely and honourably sicut aliquis Comitum Angliae as any of the Earles of England most honourably enjoyed it And if any would know whether the priviledge to them and their Heires of sitting in Parliament Selden Tit. Honor Cap. 5 704. were one of their just inheritable liberties and Birth-rights the most learned Selden will tell them That in the great Parliament of Clarendon held by King Henry the second in the Tenth yeare of his Raigne presentibus Comitibus proceribus Angliae The Earles and Nobility being present The Avitae consuetudines antient Customes of their Fore-fathers noble Progenitors were among other Customes Recognized to be that Debent interesse Judiciis Curiae Regis they ought to sit in Parliament And notes thereupon that to be a Baron and to have right to sit with the rest of the Barons in Councells or Courts of Judgment were according to the Lawes of that time Synonimies And were no otherwise taken also to be in the succeeding ages when as in the 23 year of Henry the second as Hoveden reports the determination of the controversy between Alphonso King of Castile and Sanche King of Navarr submited to the Arbitrement of that English King was determined Habitocum Comitibus Baronibus cum deliberatione consilii by mature advice of his Earles and Barons In the sixth year of King Iohn certain Lawes were made communi consilio Baronum suorum by a Common Counsell or Parliament held at Winchester William de Breose a Baron Math. Puis 303. edit Londini being in that Kings raigne demanded by the King to have his Children delivered for Hostages answered as the Monk of St. Albans relates it Si ipsum in aliquo offendi paratus sum ero domino meo sine obsidibus satisfacere secundum Judicium Curiae suae Baronum parium meorum certo mihi assignato die loco I am shall be ready to satisfy the King my Lord without Hostages if in any thing I have offended him according to the Judgment of his Court and the Barons my Peeres if he shall assigne me a certain day and place And the Modus tenendi Parliamentum which cannot be denyed but to have been exemplified under the great Seal of England and sent by that King into Ireland where our English Lawes then began to be planted saith also expressely that omnes singuli Comites Barones summoniri venire debent ad Parliamentum All Earles and Barons ought to be summoned and come to Parliament The restoration of Hugh de Vere Earl of Oxford to the Earldome of Oxford and all his fathers lands in 17. H. 3 by an investie ture of Cinxit eum gladie comitatus Oxen. Girding him with the sword of the Earldome did continue unto him his Peerage or Priviledge of sitting in Parliament enjoyed by his Ancestors After the battell of Evesham in 49. H. 3. the Earles and Barons and others which stood