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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A44187 A letter of a gentleman to his friend, shewing that the bishops are not to be judges in Parliament in cases capital Holles, Denzil Holles, Baron, 1599-1680. 1679 (1679) Wing H2461; ESTC R204379 41,325 145

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the Duke of Suffolk had that same day in his own declaration confessed that there was a very heavy rumour and noise of infamy upon him he would let the King know it that he might be committed to ward after the course of Law in eschewing of inconveniencies that may sue thereupon hereafter they are the words of the Record The next day Tuesday the Chancellour acquainted the King and the Lords with it and asked the Lords what should be done upon the Commons request The Judges were asked what the Law was in this matter the Chief Justice answered for the rest that in these general Terms of Slander and Infamy many things may be understood which deserve not imprisonment but he desired more time to consider of it with his Fellows The Lords staid not for their return but all of them from the lowest to the highest were of one opinioa that he should not be committed to ward till the Specialty of the matter were declared Wednesday the 28. the Chancellour and other Lords were sent down by the Kings commandment to the House of Commons and the Speaker declared unto them That seeing special matter was required they had daily information from several parts of England that the Realm was sold to the Kings Adversary of France by the Duke of Suffolk and that he had fortified Wallingford Castle to be a place of refuge unto them and this the Commons do think is special matter of suspicion of Treason laid to his charge for which he ought to be committed and therefore it was the desire of the Commons that he might be so upon which desire he was sent to the Tower The seventh of February the Chancellour again and several Lords both Spiritual and Temporal were by the Kings command sent again to the House of Commons and the Speaker William Tresham gave them a Bill containing several Articles of High Treason against the said Duke which Bill he in their names desired Ut in presenti Parliamento inactitaretur to be inrolled in Parliament and the Duke upon it to be proceeded against The twelfth of February this Bill was read in the House of Lords and it was thought fit by all the Lords that the Justices should have a Copy of it and report their advice what should be done but the King would have it respited till he was otherwise advised The seventh of March next following it was thought fit by the most part of the Lords that the Duke should then come to his Answer The ninth of March the Lords were again sent down to the Commons at their request and another Bill was delivered to them containing certain Articles of misprisions and horrible offences committed by the Duke which they desired might be Enacted in this High Court of Parliament so is the expression and he to be proceeded against The same day the Duke of Suffolk was brought from the Tower by vertue of the Kings Writ into the presence of the King and the Lords Spiritual and Temporal in the Parliament Chamber both the Bills of the Articles were read unto him of which he desired Copies which was granted and to be nearer at hand to give in his Answer and come to his Trial the King by the advice of the Lords committed him to the ward of three persons Esquires to be kept in a Tower within the Kings Palace of Westminster The thirteenth of March he was sent for to come before the King and the Lords Spiritual and Temporal to answer to his Charge which he did denying all of Treason laid unto him and excusing the rest The fourteenth the Chief Justice rehearsed to the Lords by the Kings commandment what had passed the day before and asked them what advice they would give which they put off till Munday the sixteenth and that day nothing was done Then Tuesday the seventeenth the King sent for all the Lords Spiritual and Temporal who were in Town into his innest Chamber with a Gabel Window over a Cloyster within the Palace of Westminster The Lords are all named viz. the two Archbishops the Duke of Buckingham thirteen Bishops six Earls two Viscounts two Abbots the Prior of St. Iohn and nineteen Barons who being assembled the King sent for the Duke of Suffolk who came and was upon his knees all the time the Chancellour spake unto him who by the Kings commandment remembred what passed at his Trial and particularly that he had not then put himself upon his Peerage and asked him now what he had more to say The Duke said that not departing from his Answers and Declarations he did wholly submit himself to the Kings rule and governance to do with him as he list Whereupon the Chancellour who as I said before was Archbishop of York and a Cardinal by the Kings commandment said unto him Sir I conceive that you not departing from your Answers and Declarations in the matters aforesaid not putting you upon your Peerage submit you wholly to the Kings rule and governance wherefore the King commandeth me to say to you that as touching the great and horrible things in the first Bill comprised the King boldeth you neither declared nor changed And as touching the second Bill touching misprisions which be not Criminal the King by force of your submission by his own advice and not reporting him to the advice of his Lords nor by way of Iudgment for he is not in place of Iudgment putteth you to his rule and governance that is to say that you before the first of May shall absent your self out of the Realm of England unto the end of five years but you may abide in the Realm of France or in any other Lordships or places being under his obeissance and you shall not bear malice to any man for any thing done to you in this Parliamont And forthwith the Viscount Beaument on the behalf of the said Lords Spiritual and Temporal and by their advice assent and desire recited said and declared to the Kings Highness That this that was so decreed and done by his Excellency concerning the person of the said Duke proceeded not by their advice and counsel but was done by the Kings own demeanance and rule therefore they besought the King that this their Saying might be enacted in the Parliament Roll for their more declaration hereafter with this Pretestation that it should not be nor turn in prejudice nor derogation of them their Heirs ne of their Successors in time coming but that they may have and enjoy their Liberties and Freedom as largely as ever their Ancestors or Predecessors had and enjoyed before this time I have been the more large in this account which I have given of this Trial marking out every step of the proceedings in it that whosoever reads it may see how irregular and extravagant it was from the beginning to the end from the Commons first desiring that the Duke of Suffolk should be committed upon so sleight a ground as his complaining in the House of Lords
and all other Parliaments when such matters are not in question But for such matters they say Non licet alicui eorum personaliter interesse And de jure non possumus nec debemus interesse It is not lawful to be present in person at any of them and rightly we cannot nor ought not to be present Can it then be thought they should lay claim to any right to what they say Non licet de jure non possumus nec debemus It is not lawful and by right we cannot nor ought not And to say their meaning was that by the Law of the Land or Custom of Parliament they might and that it was only the Canon Law which hindred them can have little colour for the Canon Law was to them above all Laws and what was forbidden by that Law they could not have a thought that it could in any sort be lawful for them to challenge as their right upon any account It is further observable here that they profess Quod de jure non possumus nec debemus dum de hujusmodi materiis agitur vel agetur quomodolibet interesse that is all the time that such matters are in agitation there is no exception of Preliminaries and Preparatories and of being present and having vote during all the debate till the pronouncing of Sentence for it is Dum de hujusmodi materiis agitur vel agetur the whole time from the beginning to the ending and when such businesses are to come on that is when they are going upon them and when they begin And then consider the close of this Record Quelle Protestation leve en plein Parlement al instance priere du dit Ercevesque les autres Prelatz susditz est enrolle ycy en Rolle du Parlement per commandement du Roy assent des Seigneurs Temporelz Comunes Which Protestation being read in full Parliament at the instant desire of the Archbishop and other the Prelates aforesaid is entred upon the Parliament Roll by the Kings command with the assent of the Lords Temporal and Commons Which is all the formality of passing Laws in Parliament that was used in those times Which was only to have it entred in the Roll or Journal Book that such a thing was agreed upon by the King and the two Houses then it was drawn into the form of a Law afterwards by the Justices and Kings Council when the Parliament was risen So as whatever was the Law before if it were only the Canon Law it is now come to be the Law and rule of Parliament and the Law of the Land but in truth it was so before and was always so 20. R. 2. Thomas Haxey Clerk had preferred a Bill in the House of Commons for regulating the outragious expences of the Kings House particularly of Bishops and Ladies De la multitude d' Evesques lour meignee aussi de plusours Dames lour meignee qui demeurnt en l hostel du Roy sont a ses coustages Of the many Bishops and their company and also of many Ladies and their company that live in the Kings House and at his charge The King being exceedingly moved at this some Bishops and Lords were sent to the Commons to let them know it and to enquire who had made that complaint the Commons delivered the Bill and his name who had exhibited it Haxey was for this tried and adjudged a Traitor and condemned to death for it Which Judgment by the way was most unjust and would not only have shaken but wholly destroyed the very foundation of Parliament deterring all men from representing there and seeking redress of any grievance publick or private had it continued in force and unquestioned but 1. H. 4. it was complained of as erroneous and Encontre droit la course qui avoit este devant en Parlementz Against right and the course of Parliaments and therefore Nostre Sr. le Roi del a viz assent de toutz les Srs. Spirituelx Temporelx ad ordeignez adjuggez que le dit Iuggement soit du tout cassez reversez repellez adnullez tenuz de nul force n'effect Our Lord the King by the advice and consent of all the Lords Spiritual and Temporal hath ordained and adjudged that the said Iudgment be wholly quashed reversed repealed made null and held to be of no force nor effect So this Judgment is damned with Bell Book and Candle one may say and at this the Lords Spiritual were present and had vote but not at the trial and condemnation of Haxey as appears by the Record which saith Fait a remembrer que mosquerdi aprez la Chandelure maintenant aprez le Iugement rendu devers Thomas Haxey Clere●que fust ajuggez eu Parlement a la mort come Traitour vindrent devant le Roy en Parlement ovek grand humilite l' Ercevesque de Cantirbirs toutz les autres Preiatz luy prierent de sa grace avoir pitie merci du dit Thomas de remitter l' execution Memorandum that the Wednesday after Candlemas day immediately after that Iudgment was given upon Thomas Haxey Clerk who was in Parliament judged to die as a Traitor the Archbishop of Canterbury and all the other Prelates came with great humility before the King in the Parliament and besought his Grace to have pity and compassion on the said Thomas and to remit his execution which the King granted So we see that after the Judgment given in Parliament the Bishops immediately came into the Parliament to beg for his pardon which shews they were not there before 21. R. 2. The Commons impeached Thomas Arundel Archbishop of Canterbury of high Treason and desired he should be put into safe custody it was answered that because it touched si haut personne so high a person the King would be advised Afterwards they come and pray that Judgment may be given according to their Impeachment and accusation of him Sur quoy nostre dit Sr. le Roy toutz le Srs. Temporelz Mr. Thomas le Percy eiant poair sufficient de les Prelatz Clergie du Roialme d' Engleterre come piert de record en le dit Parlement adjuggerent declarerent cest Article conuz per le dit Ercevesque pur Traison le dit Ercevesque pur Traitour sur ce est agarde quil soit banni ses Temporaltees seisis en main le Roy Whereupon our said Lord the King and all the Temporal Lords and Sir Thomas le Percy being sufficiently empowered from the Prelates and Clergy of the Kingdom of England as appears upon Record in Parliament judged and declared this Article acknowledged by the said Archbishop to be Treason and the said Archbishop to be a Traitor and thereupon awarded him to be banished and his Temporalties to be seised into the Kings hands Here the Bishops were not present in person but Sir Thomas le Percy as their Procurator and Proctor