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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A44185 The case stated of the jurisdiction of the House of Lords in the point of impositions Holles, Denzil Holles, Baron, 1599-1680. 1676 (1676) Wing H2453; ESTC R20018 41,330 118

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conditionibus in concessione ejusdem Subsidii contentis in aliquo non obstantibus The Lords eased the Merchants strangers and yet the House of Commons was not angry at it nor did they threaten them that they would have no more to doe with them and that there should be no further transactions between the Houses in matter of Money but Tempora mutantur c. And so we have gone through the Presidents for the matter of Subsidies which were cited at the Conference by him that managed it for the House of Commons Let us now see what will be offered by him in point of Reason in answer unto their Lordships reasons He begins with a terrifying general Position which he puts in the front as a Caveat to their Lordships That it is a very unsafe thing in any setled Government to argue the Reasons of the Fundamental Constitutions for that saith he can tend to nothing that is profitable to the whole As if their Lordships were now unravelling a setled Government whereas their Lordships are now argueing against the unsetling of an ancient Government and the setting up of a new one altogether unknowne to our Ancestors which is To have the Trade and the Treasure and the strength of the Kingdome to be wholly in the hands and in the absolute dispose of one of the Houses of Parliament be it either of them This certainly would be the unsafety of the Kingdome and the arguing against it and opposing it is for the safety of the Kingdome Then he brings in if one may say so a little improperly the Question of Judicature a point formerly controverted by the House of Commons in which he will have no better luck than in all the rest mistaking or misciting his Presidents He first brings in the Booke Case of 22 E. 3. to shew that sometimes it was not in the whole House of Lords but such as the King would please to appoint to exercise that Power The Case is this A Judgement had beene given in the Kings Bench for the King against Edmond Hadelow and his Wife they bring a Writ of Error in Parliament Sur que le Roy assigne certein Countz et Barons et auesque eux les Justices c. de terminer le dit besoignes The King appointed certaine Earls and Barons with the Judges to end the matter But this might be a Committee appointed by the House and Judges to attend it which were regular enough and yet might be said to be done by the King as in all their Judicial proceedings things were said still to be done by the King if the King were present as sometimes he was when such matters were in agitation and that the House acted as a Court of Justice and not in its Legislative capacity And the rather it seems to have then beene so by way of Committee because the Parliament ending the Booke saith they could proceed no further and the business fell to the ground whereas if they had beene Referrees appointed by the King their authority had beene the same after the Parliament as during the Parliament As to the next quotation of the Parliament Roll 25 E. 3. n. 4. it must be some mistake for nothing is to be found there relating in any sort to the matter in hand but n. 10. there is something to this purpose which perhaps the Manager meant though if duely considered it makes against him The Case is That the King caused to be brought into Parliament the Record of the proceeding against Sir William Thorp Chief Justice Et le sit lire ouuertement deuaunt les Grauntz du Parlement and caused it to be read openly before the Lords to have their advice upon it who Judged it to be rightly and duely made and approved of the Judgement given against him because he had bound himself by Oath to undergoe such punishment if he did contrary to what he had sworne which was not to take any bribes Et sur ceo y fut accorde par les Grauntz de mesme le Parlement que si nul tiel cas aui gne dejorenauant que nostre Seigneur le Roy preigne luy des Grauntz que lui plerra et per lour bon auis fait outre ceoque pleise a sa Royale Seigneurie The Lords doe agree that if any such case happen afterwards the King may take such of his Lords as he please and by their advice further doe what seems good unto him Is there any thing here that doth derogate from the Lords power of Judicature or rather can any thing be more in affirmance of it One who out of Parliament had beene tryed and condemned by a Special Commission the King the next Parliament brings the whole business before the Lords before any Execution be of that Judgement to have their Judgement upon that Judgement they confirm it and further as it seems by the Record give the King power in the like Case to call what Lords he thinks good and by their advice to determine it which is to be supposed meant by them if the Case happen out of Parliament And certainly there cannot be a stronger argument for the Judicature of the House of Peers in Parliament Then he brings Presidents to shew that by the Kings good pleasure the Commons have beene let into a share of the Judicature His first is the 42 E. 3. n. 20 21. The business was this The King the last day of the Parliament invited all the Lords and Plusours des Comunes many of the Commons to dinner Et aprez manger vindrent les Prelats Counts Barons et ascuns des Communes en la dite Chambre blanche And after they had eaten the Prelates Earls Barons and some of the Commons probably not all they that had dined there for the Record is Ascuns went into the foresaid Chamber blanche which is now the Court of Requests where the House of Lords then sate as the Commons En la petite sale the Record saith in the little Hall and thither was brought Monsieur John de la Lee and tryed for several Crimes laid to his charge the Articles read by the Chief Justice Robert de Thorp Del commandement des Seigneurs illoeques assemblez by the Commandment of the Lords who were there assembled so likewise the Record saith that his answer Fust auis aux Seigneurs non resonable seemed to the Lords not to be reasonable And then n. 22. the Record saith further that he was Mis a reason deuant les Seigneurs tryed by the Lords upon an other point The Conclusion was That he was sent to the Tower and made Fine and Ransome to the King But all was done by the Lords who sate there as a House in their Judicature the few Commoners who were present being but so many private persons and lookers on and not the least colour of their bearing any part in the Judicature As to his next quotation of 31 H. 6. n. 10. nothing can be said it must be mistaken