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A76273 The priviledges of the House of Commons in Parliament assembled. Wherein 'tis proved their power is equall with that of the House of Lords, if not greater, though the King joyn with the Lords. However it appears that both the houses have a power above the King, if he vote contrary to them. All which is proved by severall presidents taken out of Parliament rolls in the Tower· By P.B. Gentleman. P. B., Gentleman.; Bland, Peter, of Gray's Inne, attributed name. 1642 (1642) Wing B154; Thomason E83_39; ESTC R1046 3,492 9

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Reversment of the former sentence The Lords and Commons accord and so it is expressed in the Roll. When Elizabeth the Widdow of Sir John de Burgo complained in Parliament that Hugh Spencer the younger Robert Boldock and William Clift his Instruments had by duresse forced her to make a writing to the King whereby she was despoiled of all her Inheritance sentence is given for her in these words Pur ceo que avis est al Evesques Counts Barones les auters grandes a tout Cominalte de la terre que le dit escript est suit encounter le ley tout manner de raison si suist le dit escript per agard del Parliament dampne elloques al liure a le dit Elizab. In Anno the fourth of Edward the third Prarl Prim. rot 11. It appears by a Letter to the Pope That to the sentence given against the Earl of Kent the Commons were Parties as well as the Lords or Peers for the King directed their proceeding in these words Comitibus Magnatibus Baronibus alliis de Communitate dicti regni ad Parliamentum illud congregatis injunximus ut super his discercerent judicarent quod rationi justitiae conveniret haberent pro oculis solum deum qui eum concordi c. When in the fortieth yeer of Edward the third the Lords had pronounced the sentence against Richard Lions otherwise then the Commons agreed to The Commons appeald to the King himself and had redresse and the sentence entred to their desires Yet this does not prove that the Kings Power is so farre beyond the Parliaments as that he can do what he will notwithstanding them When in the first yeer of Richard the second William Weston and John Jennings were arraigned in Parliament for surrendring certain Forts of the Kings the Commons were parties to the sentence given against them as appears by a Memorandum annext to that Record In the first of Henry the fourth Although the Commons referred by Protestation the pronouncing of sentence of deposition against Richard the second unto the Lords yet they are equally interressed in it as it appears by the Record For there was made Proctors or Commissioners for the whole Parliament one B. one Abbot one Earl one Baron and two Knights Grey and Erpingham for the Commons and to inferre that because the Lords pronounced the sentence the point of judgement should be only theirs wer● as absurd as to conclude That no authority was left in any other Commissioner of Oyer and Terminor then in the Person of that man solely that speaks the sentence In the second of Henry the fifth The Petition of the Commons importeth no lesse then a right they had to Act and Assent to all things in Parliament and so it was answered by the King and had not the adjournall Roll of the higher House bin left to ●he sole entry of the Clark of that House who either out of his neglect to observe due forme or out of purpose to obscure the Commons right and to flatter them which he immediately served there would have been frequent examples of all times to clear this doubt and to preserve a just interest to the Common-wealth and most conveniently doth it suite with Monarchy to maintain this forme least others of that well framed body knit under one head should swell too great and monstrous Monarchy again may sooner groan under the weight of an Aristocracy as it once did then under Democracy which it never yet either felt or feared FINIS
THE PRIVILEDGES Of the House of COMMONS IN PARLIAMENT Assembled Wherein 't is proved their Power is equall with that of the House of Lords if not greater though the King joyn with the Lords However it appears that both the Houses have a Power above the King if He Vote contrary to them All which is proved by severall Presidents taken out of Parliament Rolls in the TOWER By P. B. Gentleman Decemb 31 London Printed for J. R. 1642. The Priviledges of the House OF COMMONS IN PARLIAMENT WHen after the period of the Saxon time Harold had lifted himself into the Royall Seat the great men to whom but lately he was no more then equall either in fo●tune or power disdaining that Act of Arrogancy called in William then Duke of Normandy a Prince more active then any in these Western-parts and renowned for many Victories he had most fortunately atchieved against the French King then the most potent Monarch in Europe This Duke led along with him to this work of glory many of the younger Sonnes of the best Families of Normandy Picardy and Flaunders who as undertakers accompanyed the undertaking of this fortunate man The Usurper was slain and the Crown by this Duke was gained and to secure certain to his posterity what he had so suddenly gotten he shared out his purchase retaining in each County a portion to support the Dignity Soveraign which was styled Demenia Regni and assigning to the rest of his Adventures such portions as suited to their quality and expence he retained to himself dependancy of their personall service except such Lands as in free Alms were the portion of the Church and these were styled Barones Regis the Kings immediate Freeholders for the word Baro imported then no more Now as the King to these so these to their followers subdivided part of their shares into Knights Fees and their Tennants were called Barones C●mites for we as in the Kings Writs in their writs Baronibus suis Francois Anglois the Soveraign gifts for the most part extending to whole Counties or Hundreds an Earl being Lord of the one and a Baron of the inferiour Donations to Lords of Townships or Mannors And as the Land so was all course of Judicature divided even from the meanest to the highest portion each severall had his Court of Law preferring still the manner of our Ancestors the Saxons who jura per pages reddebant and these are still termed Court-Barons or the Freeholders-Court twelve usually in number who with the Thame or chief Lord were Judges The Hundred that was next where the Hundredus or Aldermanus Lord of the Hundred with the chief Lord of each Township within their Lymits were Judges The County or generale placitum was the next This was to supply the defect or remedy the corruption of the inferiour Courts Vbi curiae Dominorum probantur defecisse pertinet ad vicecomitem provinciarum and the Judges here were Comites Vicecomites Barones Comitatus quiliberas terras habebant The last and supreme and upon which I am to treat was generale placitum apud London Vniversalis Synodus in the Charters of the Conqueror Capitalis curia by Glanvile or magnum commune consilium coram rege magnatibus suis In the Rolles of Henry the third It is not Stative but summoned by Proclamation Edicitur generale placitum apud London saith the Book of Abingdon whether Epium Duces principes Satrapae rectores causidici ex omni parte confluxerunt ad istam curiam saith Glanvile Causes were referred propter aliquam dubitationem quae emergit in Comitatu cum Comitatus nescit dijudicare Thus did Ethelweld Bishop of Winchester transferre his suite against Leostine from the County ad generale placitum In the time of King Etheldred Queen Edoine against Goda from the County appeald to King Etheldred at London Congregatis principibus Angliae sapientibus In the tenth yeer of the Conqueror Episcopi Comites Barones Regni ad Vniversal●m Synodum pro causis audiendis tractandis convocati faith the Book of Westminster and this continued all along in the succeeding Kings raign untill towards the end of Henry the third As this great Court or Councell consisting of the King and Barons ruled the great affairs of State and controuled all inferiour Courts So were there certain Officers whose transcendent Power seemed to be set to bound in the execution of Princes Wills as the Steward Constable and Marshall fixt upon Families in Fee for many Ages They as Tribunes of the people or ex plorī among the Atherians grown by unmanly courage fearfull to Monarchy fell at the feet and mercy of the King when the daring Earl of Leicester was slain at Evesham This chance and the dear experience Henry the third himself had made at the Parliament at Oxford in the fortieth yeer of his raign and the memory of the many streights his Father was driven unto especially at Rumny-Mead neer Stanes brought this King wisely to begin what his Successor 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 Soveraigne whereby they were as the Book of Saint Alban● termeth them Quot domini tot tiranni and by the weakning that hand of Power which they carried in the Parliaments by commanding the Service of many Knights Citizens and Burgesses to that Magnum consilium or generale placitum which we still call Parliament Now began the frequent sending of Writs to the Commons their assent being used not only in Money Charge and making of Laws for before all Ordinances were passed by the King and Peers but their consent is likewise used in all Judgements of all Natures either Civill or Criminall In proof whereof I will produce some few presidents out of Record When Adamor that proude Prelate of Winchester the Kings half Brother had grieved the State by his daring Power he was exiled by joynt sentence of the King the Lords and Commons and this appears expressely by the Letter sent from Pope Alexander the fourth Expostulating a Revocation of him from banishment because he was a Church-man and so not subject to any censure to this the answer was Si dominus Rex regni Majores hoc vellint meaning his Revocation Communitas tamen ipsius ingressum in Angliam nullatenus sustincret The Peers subsigned this answer with their names and Petrus de Mountford vice totius communitatis as Speaker of the Commons Lib. S. Alban fol. 20. Anno 44. H. 3. And by that style Sir John Tiptofe Prolocutor affirmeth under his Arms the deed of intail of the Crown by King Henry 4. in the 8. yeer of his raign for all the Commons The banishment of the two Spencers in Edward the seconds time praelati Comites Barones les auters Peers de la terre Communes de be Roialme give consent and sentence to the Revocation and