A Plea for the LORDS AND HOUSE of PEERS OR A full necessary seasonable enlarged Vindication of the just antient hereditary Right of the Earls Lords Peers and Barons of this Realm to sit vote judge in all the PARLIAMENTS of ENGLAND Wherein their Right of Session and Sole Power of Judicature without the Commons House in Criminal Civil Ecclesiastical causes as well of Commons as Peers Yea in cases of Elections Breach of Privilege misdemeanors of the Commons themselves are irrefragably evidenced by solid reasons punctual Authorities memorable Presidents out of Histories and Records in all ages most of them not extant in any Writers of our Parliaments Whose Errors are here rectified the Seditious Anti-Parliamentary Pamphlets Libels of Lilbourn Overton and other Levellers against the Lords House and Right of judging Commoners fully refuted and larger Discoveries made of the Proceedings Iudgements of the Lords in Parliament in Criminal Civil causes Elections Breaches of Privilege of their Gallantry in gaining maintaining preserving the Great Charters Laws Liberties Properties of the Nation and oppugning all Regal Papal Vsurpations Exactions Oppressions illegal Ayds Taxes required or imposed and of the Commons first summons to and just Power in Parliaments than in any former Publications whatsoever By William Prynne Esquire a Bencher of Lincolnes Inne Prov. 22.28 Remove not the antient Land-mark which thy Fathers have set LONDON Printed for Henry Brome at the sign of the Gun in Ivie Lane and Edward Thomas at the Adam and Eve in Little Britain 1659. To all the truly Honourable Heroick Lords and Peers of the Realm of England who are real Patriots of Religion their Countries Fundamental Liberties Properties Great Charters Laws against all arbitrary Tyranny Encroachments illegal unnecessary Taxes and Oppressions Right Honourable THough true Nobility alwayes founded in vertue and real piety needs no other tutelar Deity or Apologie but it self amongst those ingenious Spirits who are able to discern or estimate its worth yet the iniquity of our degenerated Age and the frenzie of the intoxicated ignorant vulgar is such that it now requires the assistance of the ablest Advocates to plead its cause and vindicate the just Rights Privileges of the House of Peers against the licentious Quills Tongues of lawlesse sordid Sectaries and Mechanick Levellers who having got the Sword and reines into their hands plant all their batteries and force against them crying out like those Babylonian Levellers of old against the House of Lords Rase it Rase it even to the foundation thereof and lay it for ever â—ver with the very dust beholding all true Honor worth and Nobleness shining forth in your Honors heroick Spirits with a malignant aspect because they despair of ever enjoying the least spark therof in themselves and prosecuting you with a deadly hatred because better greater than ever they have hopes to be unless they can through Treachery and violence make themselves the onely Grandees by debasing your highest Dignity to the lowest Peasantry and making the meanest Commoners your Compears This dangerous seditious Design hath ingaged me the unablest of many out of my great affection to Royalty and real Nobility and a deep sence of the present kid tottering condition of our Kingdom Parliament the very pillars and foundations whereof are now not only shaken but almost quite subverted voluntarily without any Fee at all to become your Honors Advocate to plead your Cause and vindicate your undoubted hereditary right of sitting voting judging in our Parliaments of which they strenuously endeavour to plunder both your Lordships and your posterities and to publish these subitane Collections to the world now enlarged with many pertinent Additions to still the madness of the seduced vulgar whom Ignoramus Lilburn Overton Walwin and their Confederates have laboured to mutinie against your Parliamentary Jurisdiction treading upon Princes as upon mortar and as the Potter treadeth the clay in their illiterate seditious Pamphlets whose Arguments Pretences Presidents Objections Allegations I have here refuted by Scripture Histories Antiquities and Parliament-Rolls the ignorance whereof joyned with their malice is the principal occasion of their error in this kind And truly were all our Parliament Rolls Pleas Iournals faithfully transcribed and published in print to the eyes of the world as most of our Statutes are by authority of both Houses of Parliament a work as worthy their undertaking and as beneficial for the publike as any I can recommend unto their care it would not only preserve them from imbezelling and the hazards of fire and warr to which they are now subject but likewise eternally silence refute the Sectaries Levellers ignorant false Allegations against your Honors Parliamentary Jurisdiction and Judicatur resolve clear all or most doubts that can arise concerning the tower jurisdiction privileges of both or either Houses keep both of them within their due bounds the exceeding whereof is dangerous grievous to the people except in cases of absolute real present urgent not pretended necessity for the saving of a Kingdom whiles that necessity continues and no longer chalk oâ—â— the â—miâ—ent regular way of proceeding in all kinds of Parliamentary affairs whatsoever whether of warr or peace Trade or Government Privileges or Taxes and in all civil or criminal causes and all matters whatsoever concerning King or Subject Natives or Foreiners over-rule reconcile most of the present differences between the King and Parliament House and House Members and Members clear many doubts rectifie some gross mistakes in our printed Statutes Law-Books and ordinary Historians add much light lustre ornament to our English Annals the Common Statute Laws and make all Lawyers all Members of both Houses far more able than now they are to manage and carry on all businesses in Parliament when they shall upon every occasion almost have former presidents ready at hand to direct them there being now very few Members in either House Lords Lawyers or others well read or versed in antient Parliament Rollâ— Pleas Iournals or Histories relating to them the ignorance whereof is a great Remora to their proceedings yea oft times a cause of dangerous incroachments of new Iurisdictions over the Subjects persons estates not usual in former Parliaments of some great mistakes and deviations from the antient methodical Rules and Tracts of parliament now almost quite forgotten and laid aside by new unexperienced ignorant Parliament Members who think they may do what they please to the publike prejudice injury of posterity and subversion of our Fundamental Laws Rights Liberties in the highest degree by new erected arbitrary Committees exercising an absolute tyrannical power over the Persons Liberties Estates Freeholds both of Lords themselves and all English Freemen Your Lordships helping hand to the speedy furthering of such a necessary publike work and your industrious magnanimous unanimous imitation of the memorable heroick presidents of your Noble progenitors in gaining regaining enlarging confirming perpetuating to posterity the successive Grand Charters of our Liberties when
the Attainders repealed by Bill afterwards In the Parliament of 25 H. 8. c. 12. Elizabeth Barkin Richard Master Edward Barkin and sundry others were attainted and condemned of High Treason John Fisher Bishop of Rochester Thomas Gold and others of misprission of High Treason by Act of Parliament In the Parliament of 28 H. 8. c. 7. Queen Anne George Lord Rochford Sir Henry Norris Sir Francis Weston William Breerton Esquire and Mark Sutton were convicted and attainted of High Treason and their lands forfeited by Bill In the Parliament of 32 H. 8. Thomas Lord Cornwell was convicted and attainted of High Treason by Bill against Law and the great Charter without ever being called to answer or any legal hearing for the Treasons therein expressed according â—o his own intentions to have thus proceeded against others without legal tryal In the Parliament of 33 H. 8. c. 21. Queen Katherine Jane Lady Rochford were convicted and attainted of High Treason by Bill to which Act the king was enabled to give his royal assent by Letters Patents signed by him under his hand with his great Seal notified and published in the HIGHER HOUSE to the Lords Spiritual and Temporal and the Commons there assembled without comming to the House in person to give his royal assent thereto In the Parliament of 2 3. Ed. 6. ch 17. Sir william Sharington Knight being indicted and attainted of High Treason for forging and coyning of mony called Testons his attainder was confirmed by Act of Parliament and his lands forfeited And ch 18 Sir Thomas Seymor Lord Seymor of Sudley and high Admiral of England for his trayterous aspiring to the Crown of this Realm and to be King of the same and for compassing and imagining by open Act to deprive the King of his royal estate and title of his Realms and for compassing and imagining the death of his Noblemen and most trayterously to take away and destroy all things which should have sounded to the let or impediment of this his most trayterous and ambitious enterprise as the Act recites and for other his misdemeanors innumerable untruths falshoods deceiptfull practises outrages against the King oppression manifest extortion upon the Subjects of the Realm was adjudged and attainted of high Treason by Bill and to sustain such pain of death and other forfeitures aes in cases of High Treason have been used being a Member so unnaturul unkind and corrupt and such a heynous offender of his Majesty and his Laws that he cannot nor may not conveniently be suffered to remain in the body of the Commonwealth but to the extreme danger of the Kings Highness being the head and of all the good Members of the same and of too pernicious and dangerous example that such a person so bound to his Majesty by sundry great benefits and so forgetfull of them and so cruelly and urgently continuing in his false and treacherous intents and purposes against his Highness and the whole estate of his Realm should remain among us In the Parliament of 1 Mariae ch 1. the Attainder of Queen Katherine is reversed by Bill and ch 16. the Attainders of John Duke of Northumberland Thomas Cranmer Archbishop of Canterbury William Marquess of Northampton John Earl of Warwick Sir Ambrose Dudley with other Knights and Gentlemen formerly convicted and attainted of Treason according to the Law of the Realm for their detestable and abominable Treasons in proclaiming and setting up Queen Jane to the peril and great danger of the person of Queen Mary and to the utter loss disherison and destruction of the Realm of England if God in his infinite goodness had not in due time revealed their trayterous intents as the Act recites at the Petition and with the assent of the Lords Spiritual and Temporal and Commons in Parliament were confirmed and ratified by a special Act. In the Parliament of 29 Eliz. c. 1. the Attainders of Thomas Lord Paget Sir Francis Englefield and sundry other Knights and Gentlemen who were lawfully indicted convicted and attainted of many unnatural detestable and abominable Treasons to the fearfull peril and danger of the destruction of the Queens Majesties person and of the Realm were confirmed by a special Act and ch 3. there is another Act to avoid fraudulent assurances made in certain cases by Traytors In the Parliament of 3 Jacobi ch 2. Sir Everâ—rd Digby Robert Winter Guy Fawkes Robert Catesâ—y and all the rest of the Gunpowder Traytors who undertook the execution of the most barbarous execrable and abominable Treason that could ever enter into the hearts of most wicked men by blowing up the Lords House of Parliament with the King Queen Prince Lords Spiritual and Temporal Judges Knights Citizens and Burgesses of Parliament therein assembled were attainted of High Treason and their former attainders and convictions confirmed by a special Act And in this very last Parliament the Earl of Strafford Lord Deputy of Ireland and William Laud Archbishop of Canterbury after judgement of high Treason upon their several impeachments and trials given against them by the Lords in their House were likewise attainted of Treason and their judgements ratified by a special Bill and Ordinance to which the Commons assented as well as the Lords their assents to Attainders by way of Act or Bill being so necessary that if the King in Parliament Wills that such a man shall be attainted of Treason and lose his lands and the Lords assent and nothing is spoken of the Commons in the Bill this is no Act nor good Attainder in Law and the petson shall be restored by the opinion of all the Judges 4 H. 7. f. 18. Broke Parliam 42. Fitz. 3.7 H. 7.14 11 H. 7.27 Broke Parliam 107. Plowden 79.32 H. 6.18 As the Commons in our English Parliaments have assented to all these and some other Bills and Acts of Attainder cited in Sir Edward Cooks 4 Institutes ch 1 2. and Mr. St. Johns Argument at Law concerning the Bill of Attainder of High Treason of Thomas Earl of Strafford printed by Order of the Commons House 1641. So I find that the Commons in Ireland have done the like in the Parliaments held in Ireland as the Printed Statutes of Ireland 28 H. 8. c. 1. for the Attainder of the Earl of Kildare and others of High Treason 11 Eliz. ch 1. for the Attainder of Shan O Neyle and others of High Treason of 13 Eliz ch 6. 7. for the Attainders of Fiâ—zgerald and others of High Treason Of 27 Eliz. ch 1. for the Attainders of Iames Eustace and others of High Treason of 28 Eliz. ch 8. 9. for the Attainders of the Earl of Desmond John Brown and others and of 11 Jacobi ch 4. for the Attainders of the Earl of Tyrone and others of High Treason for their several rebellions insurrections wars against their Soveraigns and other Treasons mentioned in these respective Acts abundantly evidence But yet the Commons assents to all these Bills
the King wherein he accused Sir William Cogan knight for extorting 300 l. by menaces from the Prior of St. Iohns Sir William appearing upon Summons prayed Counsel which was denied for that it concerned Treason whereupon he pleaded Not Guilty After which the same Parliament n. 46. to 61. The Mayor Baylifs and Commonalty of Cambridge were accused before the King and Lords that in the late insurrection they confederating with other Malefactors did break open the Treasury of the University of Cambridge burn sundry Charters of the University and compel the Chancellor and Scholars under their common Seal to release to the said Mayor and Burgesses all manner of Liberties real and personal actions and also to become bound to them in great sums of money Whereupon special writs were directed to the Mayor Baylifs and Commonalty to appear in Parliament to answer the premises The Mayor and Baylifs appear in person and plead that they 〈◊〉 not privy to any such act but if any thing was done it was by compulsion by others which the Kings learned Counsel disproved whereupon they pleaded Not Guilty The Commonalty appeared by Attorney and delivered in the Release and Bond of the University complained of under their Seal which were ordered to be cancelled After which the Chancellor and Scholars of the University exhibited Articles against the Mayor and Baylifs shewing their whole carriage and discourse in this tumult Upon reading whereof it was demanded of them in the Kings behalf What they could say why their Liberties lately confirmed should not be seised into the Kings hands as forfeited They thereupon required a Copy of the Articles Councel and respite to answer To the Copy of the Bill it was answered by the Lords that seeing they had heard it read it should suffice for by Law they ought to have no Copy For Councel it was said That to such articles if any were wherein Councel was to be had they should have it otherwise not Wherfore they were then appointed to answer to no crime or offence but only to their Liberties To which they answered by their Council That this Court ought not to have any Conusance or Jurisdiction of them for certain causes then alleged But at last they were ordered to say what they could otherwise they would give Iudgement against them as those who had nothing to say Whereupon they pleaded they did nothing but by Duress and constraint of the Rebels At last after many dilatory shifts touching their Liberties they wholly submitted themselves to the Kings mercy and grace saving their answer to other matters The KING therefore by the assent of the Prelates and Lords in Parliament â—o is the Rolâ— seised their Liberties into his hands as forfeited and by assent of the Lords and Prelates in Parliament granted to the Chancellor and Scholars the Assise and correction of bread weights measures and forestallers and fines thereof within the Town and Subâ—rbs of Cambridge which the Townsmen had before The King Lords and Prelates being Judges and giving the Judgement in this case of Commoners as the record a â—ge attests Walsingham relates that in a Parliament holden at London this year about the feast of St. John upon the Petition of the knights of Shires John Straw Captain of those in the insurrection at Bury and Myldenhale tractationi et suspentioni ADJUDICATUR to wit by the King and Lords licet multi putassent eum fuisse pecunia redimendum In the 7. year of R. 2. Rege vocante congregati sunt multi de Nobilibus Regni apud Rading to restrain the seditious motions of John de Northampton late Mayor of London qui ingenia facinora nisus est de quibus et convictus est ibidem his familiar Clerk accusing him both of divers practises and designes projected by him as well to the prejudice of the King as of the whole City of London and objecting them against him When Judgement was to be given against him in the Kings presence he pleaded that such a Judgement ought not to be given against him in the absence of the Duke his Lord whereby he raised a sinister suspition as well in the people AS NOBLES against the Duke of Lancaster The Justice who was to pronounce the Judgement told him He ought to refute his charge by Duel or by the Laws of the Realm to submit himself to drawing hanging and quartering At which when he stood mute and said nothing DECRETVM EST ut perpetuo carceri tradiretur et eâ—us bona regis usibus confisâ—arentur ut Londonias non appropinquaret per centum miliaria in vita sua whereupon he was sent prisoner to Tyntagel Castle in Cornwall and his goods seised on by the Kings Officers In the Parliament of 7 R. 2. holden at Westminster the Monday next before the feast of All Saints num 17. Bryers Cressingham and Iohn Spicâ—worth Esquires were accused before the LORDS for surrendring the Castle of Drinkham in Flanders to the kings enemies for money without consent of the kings Lieutenant Spickworth proved that the same was not in his custody and thereupon he was discharged Cressingham pleaded that he yeelded the same upon necessity without money and submitted himself to the Lords order who thought this no good cause and therefore committed him to prison The same Parliament n. 24 25. Sir William de Elinsham Sir Thomas Trivet Sir Henry de Ferriers and Sir William Farnden knights and Robert Fitz-Ralph Esquire were accused before the Lords in Parliament for selling the Castle of Burburgh with all the arms ammunition and provisions therein to the French the kings enemies for sundry summs of gold received by them of the French without authority from the king or his Lieutenant who pleaded they surrendred it for salvation of themselves and their people c. After all their excuses made they were upon consideration adjudged insufficient by the Lords and the Chancellor by their order pronounced this Judgement against them That they should repay all the monies they received from the Enemy to the King be committed to prison ransomed at the Kings will and moreover that Sir Will. de Farnden being the greatest Offender should be at the Kings mercy both for body and goods to do with them as he pleaseth In this Parliament there was a Duel fought between John Walsh an English Esquire and one of Navarr who accoused him of Treason against the King and Realm effectually but yet falsly out of envy Walsh having layen with his wife whiles he was under Captain of Cherburgh as he afterwards confessed This Dueâ— was fought within the lists in the presence of the King and Nobles of the Realm where this Navarrois being vanquished by Walsh REGALI JVDICIO tractus et suspensus est quanquam Regina et plures alii pro eo preces sedulas porrexissent In the 2. of Parliament of 7 R. 2. n. 13.10 19. John Cavendish a Fishmonger of London praying Surety of the peace
Picardy ready to be transported into England But when it was certainly certified that King Richard was dead and that their enterprise of his deliverance was frustrate and void the Army scattered and departed asunder But when the certainty of King Richards death was declared to the Aquitaynes and Gascons the most part of the wisest men of the Country fell into a bodily fear and into a deadly dread for some lamenting the instability of the English people judged them to be spotted with perpetual infamy and brought to dishonour and loss of their antient fame and glory for committing so hainous a crime and detestable an offence against their King and Soveraign Lord. The memory whereof they thought would never be buried or extincted Others feared the loste of their goods and liberties because they imagined that by this civil dissension and intestine division the Realm of England should so be vexed and troubled that their Country if the Frenchmen should invade it should be destitute and left void of all aid and succour of the English Nation But the Citizens of Burdeaux took this matter very sore at stomach because King Richard was born and brought up in their City lamenting and crying out that since â—he beginning of the world there was never a more detestable or more villanous or hainous act committed which being sad with sorrow and inflamed with melancholy said that untrue unnatural and unmercifull people had betrayed and slain contrary to all Law and Justice and honesty a good man a just Prince and lawfull Governour beseeching God devoutly on their knees to be the revenger and punisher of that detestable offence and notorious crime 15ly The proceedings against King Richard the 2. in the Parliament of 1 H. 4. were in the Parliament of 1 E. 4. n. 9 10 11 12. condemned as illegal the Tyrannous usurpation of Henry the 4th with his hainous murdering of King Richard the 2. at large set forth his reign declared by Act of Parliament to be an intrusion and meer usurpation for which he and the heirs of his body are utterly dis inabled as unworthy to enjoy any inheritance estate or profits within the Realm of England or Dominions of the same for ever and that by this memorable Petition of the Commons wherein the pedigree of King Edward the 4th and his title to the Crown are likewise fully set forth a Record most worthy the publike view being never yet printed to my knowledge Ex Rotulo Parliamenti tenti apud Westm anno primo Edwardi Quarti n. 8. Memorandum quod quaedam Petitio exhibita fuit praefato Domino Regi in praesenti Parliamento per praefatos Communes sub eo qui sequitur tenore verborum For as much as it is notary openly and evidently known that the right noble and worthy Prince Henry King of England the third had issue Edward his furst gotten Son born at Westminster in the 15 kalende of Juyll in the vigille of Seint Marce and Marcellian the year of our Lord M. C.C.XLV the which Edw. after the death of the said King Henry his Fader entituled and called King Edward the furst had issue his furst gotten Son entituled and called after the decease of the same Edward the furst his Fader King Edward the second which had issue the right noble and honourable Prince King Edward the third true and undoubted King of Englond and of France and Lord of Irelond which Edward the third had issue Edward his furst gotten Son Prince of Wales William Hatfield secund gotten Son Leonel third gotten Son Duke of Clarence John of Gaunt fourth gotten son Duke of Lancaster Edmund Langley the fifth gotten son Duke of York Thomas Wodestoks the sixth gotten son Duke of Gloucester and William Wyndesore the seventh gotten Son And the said Edward Prince of Wales which died in the life of the said King Edward the thurd his Fader had issue Richard which after the death of the same King Edward the third as Cousin and heir to him that is to say Son to the said Edward Prince of Wales Son unto the said King Edward the third succeeded him in royal estate and dignity lawfully entituled and called King Richard the secund and died without issue William Hatfield the secund gotten Son of the said King Edward the third died without issue the said Leonel Duke of Clarence the third gotten Son of the same King Edward had issue Phelip his only daughter and died And the same Phelip wedded unto Edmund Mortimer Earl of Marche had issue by the same Edmund Roger Mortymer Earl of Marche her Son and heir which Edmund and Phelip died the same Roger Earl of March had issue Edmund Mortymer Earl of March Roger Mortymer Anne and Alianore and died And also the same Edmund and Roger sons of the foresaid Roger and the said Alianore died without Issue And the same Anne wedded unto Richard Earl of Cambridge the Son of the said Edmund Langley the fifth gotten son of the said king Edward the third as it is afore specified had issue that right noble and famous Prince of full worthy memory Richard Plantagenet Duke of York And the said Richard Earl of Cambridge and Anne his Wife died And the same Rich. Du. of York had issue the right high and mighty Prince Edward our Liege and Soveraign Lord and died to whom as Cousin and heir to the said King Richard the Crown of the Realm of England and the royal power estate dignity preheminence and governance of the same Realm and the Lordship of Ireland lawfully and of right appertaineth of the which Crown Royal power estate dignity preheminence governance and Lordship the said King Richard the second was lawfully rightfully and justly seised and possessed and the same joyed in rest and quiet without interruption or molestation unto the time that Henry late Earl of Derby son of the said Iohn of Gaunt the fourth gotten son of the said King Edward the third and younger Brother of the said Leonel temerously agenst rightwisnes and Iustice by force and Arms agenst his faith and liegeaunce rered werre at Flynte in Wales agenst the said King Richard him took and enprisoned in the Tower of London of grete violence And the same King Richard so being in prison and living usurped and intruded upon the royal power estate dignity preheminence possessions and Lordships aforesaid taking upon him usurpously the Crown and name of K. and L. of the same Realm and Lordship And not therewith satisfied or content but more grievous thing attempting wickedly of unnatural unmanly and cruel tyranny the same King Richard King anointed crowned and consecrate and his Liege and most high Lord in the Earth agenst Gods Law Mans liegeance and Oth of fidelite with uttermost punicion attormenting murdred and destroyed with most vile hainous and lamentable death whereof the heavy exclamation in the doom of every Christian man soundeth into Gods hearing in Heaven not forgotten in the Earth specially in this
Peers made this memorable Petition and Remonstrance of their Privileges to the King The humble Remonstrance and Petition of the Peers MAy it please your Majestie we the Peers of this Realm now assembled in Parliament finding the Earl of Arundel absent from his place amongst us his presence was therefore called for But thereupon a message was delivered us from your Majestie by the Lord Keeper That the Earl of Arundel was restrained for a misdemeanor which was personal to your Majesty and lay in the proper knowledge of your Majesty and had no relation to matter of Parliament This Message occasioned us to inquire into the Acts of our Ancestors and what in like cases they had done that so we might not erre in a dutifull respect to your Majesty and yet preserve our right and privileges of Parliament And after diligent search made both of all Stories Statutes and Records that might inform us in this case we find iâ— to be an undoubted Right and constant Privilege of Parliament That no Lord of Parliament sitting in Parliament or within the usual time of Privilege of Parliament is to be imprisoned or restrained without sentence or order of the House unlesse it be â—or Treason or Felony or for refusing to give surety for the Peace And to satisfie our selves the better we have heard all that could be aleged by your Majesties learned Counsel at Law that might any way infringe or weaken this claim of the Peers and to all that can be shewed or alleged so full satisfaction hath been given as that all the Peers in Parliament upon the question made of this Privilege have una voce consented that this is the undoubted right of the Peers and hath been inviolably enjoyed by them Wherefore we your Majesties loyal Subjects and humble Servants the whole body of the Peers in Parliament assembled most humbly beseech your Majesty that the Earl of Arundel a Member of this Body may presently be admitted by your gracious favour to come sit and serve your Majesty and the Commonwealth in the great affairs of this Parliament And we shall pray c. Upon which Remonstrance and Petition the King refusing to inlarge him thereupon the Lords to maintain their Privilege adjourned themselves on the 25 and 26 of May without doing any thing and upon the Kings refusal to release him they adjourned from May 26 till June 2. refusing to sit and so the Parliament dissolved in discontent his imprisonment in this case being a breach of privilege contrary to Magna Charta In this very Parliament the Lord Digby Earl of Bristol being omitted out of the summons of Parliament upon complaint to the Lords House was by order admitted to set therein as his Birthright from which he might not be debarred for want of Summons which ought to have been sent unto him ex debito Iustitiae as Sir Edward Cook in his 4 Institutes p. 1. The Act for ttriennial Parliaments and King John great Charter resolve And not long after the beginning of this Parliament upon the Kings accusation and impeachment of the Lord Kimbolton and the five Members of the Commons House both Houses adjourned and sate not as Houses till they had received satisfaction and restitution of those Members as the Journals of both Houses manifest it being an high breach of their Privileges contrary to the Great Charter If then the Kings bare not summoning of some Pears to Parliament who ought to sit there by their right of Perage or impeaching or imprisoning any Peer unjustly to disable them to sit personally in Parl. be a breach of Privilege of the fundamental Laws of the Realm and Magna Charta it self confirmed in above 40 successive Parliaments then the Lords right to sit vote and judge in Parliament is as firm and indisputable as Magna Charta can make it and consented to confirmed by all the Commons people and Parliaments of England that ever consented to Magna Charta though they be not eligible every Parliament by the Freeholders people as Knights and Burgesses ought to be and to deny this birthright and privilege of theits is to deny Magna Charta it self and this present Parliaments Declarations proceedings in the case of the Lord Kimbolton a Member of the House of Peers Fifthly The Treatise intituled The manner of holding Parliaments in England in Edward the Confessors time befose the Conquest rehearsed afterwards before William the Conquerour by the discreet men of the Kingdom and by himself approved and used in his time and in the times of his successors Kings of England if the Title be true and the Treatise so antient as Sir Edward Cook others now take it to be When as its mention of the Bishop of Carlisles usual place in Parliaments which Bishoprick was not founded till the year of our Lord 1132. or 1134. as Matthew Paris Matthew Westminster Roger Hoveden Godwin and others attest in the later end of Henry the first his reign Its menâ—ion of the Mayors of London other Cities and writs usually directed to them to elect two Citizens to serve in Parliament whereas London it self had no Mayor before the year 1208. being the 9. year of King John nor other Cities Mayors til divers years after nor can any Writs for electing Knights of Shires Citizens or Burgesses to serve in Parliament which it oft times writes of be produced before 49 H. 3. nor any Writs to levy their expences or wages for their Service in Parliaments which it recites be produced before the reign of King Edward the 1. Nor was the name of Parliament which it mentions and writes of so much as used by any Author before the later end of King Henry the 3. his reign after whose reign this Modus was certainly compiled towards the end of K. Richard the 2. or after as other passages in it evidence beyond all contradiction This magnified Treatise be it genuine or spurious determines thus of the Kings and Lords rights to be personally present in all Parliaments The King is bound by all means possible to be present at the Parliament unless he be detained or let there from by bodily sickness and then he may keep his Chamber yet so that he lye not without the Manour or Town where the Parliament is held and then he ought to send for twelve persons of the greatest and best of them that are summoned to the Parliament that is two Bishops two EARLS two BARONS two Knights of the Shire two Burgesses and two Citizens to look upon his person to testifie and witness his estate and in their presence he ought to make a Commission and give Authority to the Archbishop of the Place the Steward of England and Chief Justice that they joyntly and severally should begin the Parliament and continue the same in his name express mention being made in that Commission of the cause of his absence thence which ought to suffice and admonish the OTHER NOBLES
iâ— regno Quid mihi suaderet vos prodere vel certe necare qui nihil lucri reciperem de vestra morte Nunquid hostes â—estri me ditiorem facerent in terra sua quam effectus sum in terra vestra et in natali solo Aut si regnum affectarem credendu â—ne est post vestram inteâ—fectinnem quod absit Dominos hujus Regni aquâ—nimiter ferre me posse Domini mei et patriae proâ—â—torem Deliâ—ere si placet fidem â—arâ—â—alia â—lerenâ—bus quia paratus sum more militis contra quemcunque mundi mihi in hac causa adversantem pugnare et meam innocentiam defendere et purgare Upon which and other words the King believed the Duke and received his excuses and committed the Frier at his request to the Custodie of the Lord John Holland usque ad diem quo causam diceret horum quae praeposuerat contra eum In ipsa nocte quae processit diem suae responsioniâ— the Frier was strangled and pressed to death by the said John and another Knight and the next day his dead corps was drawn through the street like a Traytor to take away the suspition of his unjust death Ipsi judices ipsi ministri ipsi tortores extiterunt Et hic fructus Parliamenti praesentis praeter hoc quod dominus Willielmus la Zouche quamvis gravissima detineretur aegritudine accersitus erat ad Parliamentum ad standium judicio Regis et Dominorum quia idem â—rater eum velut inventorem inceptorem et incentorem dixerat omnium quae scripserat extitisse Qui cum venisset lectica delatus quia propter guttam equitare non poterat compulsus est discinctus et discooperto capite ad haec omnia sibi objecta more latronum vel proditorum respondere Qui viriliter negavit objecta Sacramento firmans haec nunquam audisse vel hujusmodi cogitasse et ita demum absolutus est et domum redire permissus In this Parliament holden at Salisbury 7 R. 2. rot Parl. n. 11. to 16. John Cavendish a Fishmonger of London made his complaint first to the Commons and after to the Lords against Sir Michael de la Poole Chancellor of England demanding the Peace against him which THE LORDS granted after which he accused him for taking Bribes and delayes and injustice in a sute of his depending before him whereof he cleared himself by his own Oath and the Oaths of other witnesses sworn and examined before THE LORDS Whereupon the Lords being troubled with other weighty matters referred the Chancellors reparation for the Scandal to the ordering of the Judges The same Sir Michael de la Pole Earl of Suffolk and Chancellor of England in the Parliament of 10 R. 2. rot Parliamenti n. 6. to 18. was accused in full Parliament before THE KING BISHOPS LORDS by the Commons who exhibited sundry Articles against him recorded at large by Henry de Knyghton agreeing with the Parliament Roll. The effect of them was this That whiles he was Chancellor against his Oath to procure the profit of the King he had purchased lands and tenements of the King of great value at under rates and exchanged uncertainâ— customs and rents for good lands in deceipt of the King and for spending the Aids granted to the King the last Parliament to guard the Seas in another manner than they were granted whereby the Seas were not guarded and much mischief hapned to the Realm c. The Lords Commons refused to act any thing till the King came in person to Parliament and the Chancellor removed upon these Articles The Chancellor demanded of the LORDS 1. Whether he should answer these Articles without the Kings presence for things done whiles he was Chancellor for that he being Chancellor of England for the time represented the Kings person in Parliament during his absence thence Secondly Whether his Brother in Law Sir Richard Scroope might not answer for him whom he had by advice of his Counsel appointed to do it To which the LORDS answered and resolved It was honest and fit for him to answer for himself Whereupon he making protestation that he might adde to or diminish from his answer and that which might be honourable to him by advice of his Counsel the Lords granting thereunto He thereupon put in an answer and replication to all the Articles to which his Counsel added some things in making his defence The Commons replyed to his answer to w ch he by way of rejoyndâ—r replied and answered to them his defence sâ—eming very solid Yet the Commons upon his replication before judgement pressed the King then being in Parliament and she Lords that he might be committed for the grievous offences charged against him Whereupon he was arrested by the Kings command and committed to the custody of the Constable of England and after let to mainprise Ar last THE LORDS in full Parliament GAVE JUDGEMENT AGAINST HIM That for breach of his Oath all the Manors and lands which he had of the Kings gift contained in the Articles should be seised into the Kings hands to have them to him and his heirs for ever together with their mean profits and issues saving to him the name and Title of a Knight and Earl together with an annuity of 20 l. yearly granted him out of the profits of the County of Suffolk The like judgement was given against him for the lands exchanged by the King for the customs of Hull and the Priory of St. Anthony Walsingham addes That he was deprived likewise of his Chancellorship and adjudged worthy of death yet the Lords would not put him to death but sent him prisoner to Windsore Castle Rex autem non multo post annullavit quicquid in Parliamento statutum fuerat contra ipsum In the Parliament of 11 R. 2. rot Parl. â— 6 7. Thomas Duke of Gloucester kneeling before the King said that he understood the King was informed he went about to depose him and to make himself King Wherefore he offered to put himself upon his tryal in that behalf as the Lords of the Parliament would award Whereupon the King said in open Parliament that he thought the said Duke was nothing faulty and therefore held him excused After which all THE LORDS as well spiritual as temporal being in the Parliament claimed their liberties and franchises namely That all weightâ— matters in the same Parliament which should be after moved touching THE PEERS OF THE LAND ought to be discussed JUDGED AND DETERMINED BY THE M by the course of Parliament and not by the Civil Law nor yet by the Common Law of the Land used in other Couâ—ts of the Realm The which claim and liberties the King most willingly allowed and granted thereto in full Parliament After which Thomas Earl of Glocester Henry Earl of Derby Richard Earl of Arundel Thomas Earl of Warwick and Thomas Earl of Marshal Lords Appellants impeached Alexandâ—r Archbishop of York Robert de Vere
against Sir Michael de la Pool Knight Lord Chancellor of England first before the Commons and afterward before the Lords which was granted Then he accused him BEFORE THE LORDS for bribery and injustice and that he entered into a bond of 10 l. to Iohn Ottard a Clerk to the said Chancellor which he was to give for his good success in the business in part of payment whereof he brought Herring and Sturgeon to Ottard and yet was delayed and could have no justice at the Chancellors hands Upon hearing the cause and examining witnesses upon Oath before THE LORDS the Chancellor was cleared The Chancellor thereupon required reparation for so great a slander the Lords being then troubled with other weighty matters let the Fishmonger to Bail and referred the matter to be ordered by the Judges who upon hearing the whole matter condemned Cavendish in three thousand marks for his slanderous complaint against the said Chancellor and adjudged him to prison till he had paid the same to the Chancellor and made fine and ransom to the King also which the Lords confirmed In the Parliament of 8 R. 2. n. 12. Walter Sybell of London was arrested and brought into the Parliament before the Lords at the sute of Robert de Veer Earl of Oxford for slandering him to the Duke of Lancaster and other Nobles for maintenance Walter denied not but that he said that certain there named recovered against him the said Walter and that by maintenance of the said Earl as he thought The Earl there present protested himself to be innocent and put himself upon the trial Walter thereupon was committed to Prison by the Lords and the next day he submitted himself and desired the Lords to be a mean for him saying he could not accuse him whereupon THE LORDS CONVICTED and FINED HIM FIVE HUNDRED MARKS TO THE SAID EARL for the which and for his fine and ransom to the King he was committed to prison BY THE LORDS A direct case in point By these two last Presidents of the Lords â—ining and imprisoning Cavendish and Syber two Commoners in Parliament for their standers and false accusacions only of two particular Peers and Members of their house it is most apparent the Lords now may most justly not only imprison but likewise fine both Lilburn and Overion for their most scandalous Libels against all the Members just Privileges Judicatory and Authority of the whole House of Peers which they have contemned vilisied oppugned and libelled against in the highest degree and most scurrillously abused reviled in sundry seditious Pamphlets to incite both the Army and whole Commonalty against them In the Parliament of 11 R. 2. the Duke of Glocester and other Lords came to London with great forces to secure themselves and remove the kings ill Counsellors and bring them to judgement whereupon the King for fear securing himself in the Tower of London and refusing to come to them at Westminster contrary to his faithfull promise the day before they sent him this threatning Message nisi venire maturaret juxta condictum quod eligerent alium sibi Regem qui vellet et deberet obtemperare consiliis Dominorum Wherewith being terrified he came unto them the next day Cui dixerunt PROCERES pro honore suo regni commodo oporterâ—â— ut Proditores susurrones adulatores et male fici detractores juratores à suo Palatio et Comitive etiam eliminarentur Whereupon they banished sundry Lords Bishops Clergy-men Knights and Ladies from the Court and imprisoned many other Knights Esquires and Lawyers to answer their offences in Parliament The first man proceeded against in Parliament was the Chief Justice Tresylian whom the Lords presently adjudged to be drawn and hanged The like Iuegement the Lords gave against Sir Nicholas Brambre Knight Sir Iohn Salisbury Sir Iames Burwâ—yes Iohn Beauchamp Iohn Blakes who were all drawn and hanged accordingly as Trayâ—ers one after another and Simon Burly beheaded after them by like judgement notwithstanding the Kings and Earl of Derbies intercessions for him to the Lords After their Execution Robert Belknapâ— John Holâ— Roger Fulthorp and William Burgh Justices were banished by the Lords sentence and their lands and chattels confiscated out of which they allowed them only a small annual pension to sustain their lives After which these Judgments against them were confirmed by Acts of Attainder as you may read in the Statutes at large of 11 R. 2. where their Crimes and Treasons are specified in Cokes 3 Institutes c. 2. p. 22 23. and in Knyghton Holinshed Fabian Speed Trussel with other Historians In the Parliament of 13 R. 2. n. 12. Upon complaint of the Bishop Dean and Chapter of Lincoln against the Mayor and Bayliffs thereof for injustice in keeping them from their rights and rents by reason of the franchises granted them which they abused Writs were sent to the Mayor and Baylifs to appear at a certain day before the Lords and to have full authority from the whole Comonalty to abide their determination therein At which day the Mayor and Bayliffs appearing in proper person for that they brought not full power with them from the said Commonalty they were anâ— goâ— by the Lords to be in contempt and so were the Mayor and Bayliffs of Cambridge for the self same cause this very Parliment n. 14. In the Parliament of 15 R. 2. n. 16. The Prior of Holland in Lancashire complained of a great riot done by Henry Treble John Greenboâ— and sundry others for entring into the Parsonage of Whitwâ—rke in Leicestershire thereupon John de Ellingham Serjeant at Armes by vertue of a Commission to him directed brought the said Treble and Greenbow the principle malefactors into the Parliament before the Lords who upon 〈◊〉 confessed the whole matter and were therefore committed to the Fleaâ— there to remain at the Kings pleasure after which they made a fine in the Chancery agreed with the Prior and found sureties for the Good behaviour whereupon they were dismissed The same Parliament n. 19. Sir Will. Bryan was by the King with the assent of the Lords committed prisoner to the lower during the Kings will and pleasure for purchasing a Bull from Rome to the Archbishops of Canterbury and York to excommunicate all such who had broken up his house and taken away divers Letters Privileges and Charters which Bull was adjudged prejudicial to the King his Councâ—l and in derogation of the Law Num. 20. Thomas Harding was committed to the Fleet by the King and Lords assent there to continue during the Kings pleasure for falsly accusing Sir John and Sir Ralph Sutton as well by mouth as writing of a conspiracy whereof upon hearing they were acquitted And n. 21. John Shadwell of Baghsteed in Sussex was likewise committed to the Fleet by THE LORDS there to remain during the Kings pleasure for misinforming of the Parliament that the Archbishop of Canterbury had excommunicated him and his neighbours wrongfully in his
spiritual Cour◠for a temporal cause belonging to the Crown and Common Law which was adjudged by the Lords upon examination to be untrue To passe by the accusation of Sir Philip Courtney of divers hainous matters oppressions dissensions before the King and Lords in the Parliament of 16 R. 2. n. 6.13 14. of which more anon In the Parliament of 17 R. 2. n. 20 21. John Duke of Lancastre Steward and Thomas Duke of Gloucester Constable of England complained to the King that Sir Thomas Talbot Knight with other his adherents conspired the deaths of the said Dukes in divers parts of Cheshire as the same was confessed and well known and prayed That the Parliament might judge of the fault Whereupon the King and the Lords in Parliament without the Commons adjudged the said fact to be open and High Treason And thereupon they awarded two Writs to the Sherifs of Yorks and of Derby to take the body of the said Sir Thomas retornable in the Kings Bench in the month of Easter next ensuing And open Proclamation was made in Westminster Hall That upon the Sherifs retorn and at the next coming in of the said Sir Thomas he should be convicted of Treason and incurr the loss and pain of the same and that all such who should receive him after the Proclamation should receive the like losse and pain In the Parliament of 20 R. 2. n. 15 16 23. Sir Thomas Haxey Clark was by the King Lords in Parl. adjudged to die as a Traytor and to forfeit all his Lands Goods Chattels Offices and Livings for exhibiting to the House of Commons a scandalous Bill against the King and his Court for moderating the outragious expences of his Court by Bishops and Ladies c. Upon the Bishops intercession the King spared his life and delivered him into the custody of the Archbishop to remain as his Prisoner In the Parliament of 21 R. 2. n. 19 20. Pl. Parl. n. 2. to 15. The Lords Appellants appealed Sir Tho Mortimer Knight of High Treason for raising war against the King accroaching royal power and purposing to surrender his homage and allegiance and depose the King Who flying into the parts of Ireland thereupon the Lords in Parliament assigned him a certain day to come and render himself to the Law or else to be adjudged and proceeded against as a Traytor and Proclamation thereof was made accordingly in England and Ireland to render himself within 3 months And that after that time all his Abettors and Aiders should be reputed for and forfeit as Traytors He not coming at the day The Duke of Lancaster Steward of England by assent of the Lords in Parliament adjudged him a Traytor and that he should forfeit all his Lands in fee and see tayl together with all his Goods and Chattels The like Judgement in like manner was in the same Parliament given against Sir John Cobham Knight for the like Treason Placit Coronaen 16. On the 22 day of March 22 R. 2. n. 27. The King by assent of the Lords adjudged Sir Robert Plesington Knight then dead a Traytor for levying war against him with the Duke of Glocester at Harrengary for which he should lose all his Lands in fee or fee tayl and all his goods And n. 28. Henry Bowht Clerk for being of Counsel with the Duke of Hereford in his device was adjudged by the King and Lords to die and forfeit as a Traytor after which his life was pardoned and he banished In the Parliament of 1 H. 4. n. 79. As the Commons acknowledged that the Iudgements in Parliament had always of right belonged to the King and Lords and not unto the Commons So therein the King and Lords alone without the Commons gave Judgement in sundry cases as Judges in Parliament 1. In Sir Thomas Haxey his case who in his own name presented a Petition in this Parliament a nostre tresedoute seigniour le ROY a LES SEIGNIORS DU PARLIAMENT shewing that in the last Parliament of 21 R. 2. that he delivered a Bill to the Commons of the said Parliament for the honour and profit of the said King and of all the Realm for which Bill at the will of the King he was by the King and Lords adjudged a Traytor and to forfeit all that he had praying that the record of the said Judgement with the dependants thereupon might be vacated and nulled by them in this present Parliament as erronious and that he might be restored to all his degrees farms estate goods chattels ferms pensions lands tenements rents offices advow sons and possessions whatsoever and their appurt and enjoy them to him and his heirs notwithstanding the said Iudgement or any grant made of them by the King The Commons House exhibited a Petition likewise on his behalf to the like effect adding that this judgement given against him for delivering this Bill to the Commons in Parliament was eneontre droit et la course quel avoit estre use devant in Parlement en anientesment des Customs de◠le◠Communes Upon which Petitions Nostre Seignior le ROY de Induis assent des touz les Seigniors esperituelz et temporelz ad ordinez et adjudges que le dit juggement renus vers le dit Thomas in Parlement soit de tout casses revorses repellez et adnullez et tenus pur nul force n'effect et que le dit Thomas soit restitut a ses nom et fame c. nient obstant mesme le juggement 2ly In the case of Judge Rickhill 1 H· 4. n. 92. On the 18 of November the Commons prayed the King that Sir William Rickhill late Just of the Common Bench arrested for a Confession he had taken of the Duke of Gloucester at Calice might be brought to answer for it devant les Seigniors du Parlement whereupon he was brought into Parliament before the Kings presence and all the Lords spiritual and temporal and Commons assembled in Parliament where Sir Walter Clapton Chief Justice of the Kings Bench by the kings command examined the said Sir William how and by what warrant he went to Calice to the said Duke of Glocester and upon what message Who answered that king Richard sent him a special Writ into Kent there recited verbatim commanding him by the faith and allegiance whereby he was obliged to him and under pain of forfeiting all he had to goe unto Caleys And that at Dover he received a Commission from the said king by the hand of the Earl Marshal to confer with the Duke of Glocester and to hear whatsoever he would say or declare unto him and to certifie the king thereof in proper person wherever he should be fully and distinctly under his Seal Whereupon he went thither and took the said Dukes Examination in writing according to the purport of the said Commission a Copy whereof the Duke himself received c Upon the hearing of his answer and defence
of 26 H. 6. n. â— upon his excuse Whereupon William Tresham was elected in his place presented to and approved by the King n. 7. 5ly That when he is elected and approved yet in case of sickness and infirmity he may be removed and another chosen and presented in his place and that upon the Commons special Petition to the king in his behalf out of his meer Grace to discharge him and accept of another Thus in the Parliament of 1 H. 4. n. 62 63 64. Sir John Cheyney Knight after his election and approbation was discharged and Sir John Dorew Knight elected presented and admitmitted by the Kings license to be Speaker in his room So in the Parliament of 1 H. 5. n. n. 7 9 10.11 Will. Sturton Esquire after he was chosen and allowed Speaker was removed for grievous sickness and John Doreward chosen in his place At the Parliament holden 15 H. 6. n. 10 27. Sir John Tirril knight was chosen and allowed yet removed for grievous sickness and William Beerell chosen in his place and that by the Kings special license and approbation to whom all those new Speakers were again presented by the Commons for his royal assent thereto 6ly That if he be altered by his Majesty by assent of the Council Lords as the entry is in the Parliament Rolls then he maketh a protestation or Petition to the king which consisteth of three parts 1. That the Commons in this Parliament may have freedom of speech as of right and custom they have used and all their antient and just Privileges and Liberties allowed them which the King usually granted with this caution That he hoped or doubted not That the Members would not speak any unfitting words or abuse this freedom and privilege for abuse whereof some have been committed Prisoners to the Tower by our Kings and Queens command 2ly That if he shall commit any Error in any thing he shall deliver in the name of the Commons no fault may be imputed to the Commons and that he may resort again to them for declaration of his good intent and that his Error may be pardoned 3ly That as often as necessity for his Majesties service and the good of the Common-wealth shall require he may by direction of the House of Commons have access to his Majesty If then the King hath the sole power and jurisdiction thus to nominate approve confirm disallow refuse discharge and remove the very Speakers of the Commons House themselves and not the Commons but by and with his special license grace and royal assent yea to grant them freedom of speech and their usual Privileges and liberties every Parliament upon their Petition and to pardon theirs and their Speakers Errors and that sitting in the Lords House with their assents then doubtlesse the king and Lords alone are the sole Judges of the Speakers and all other Members of the Commons House and have the sole power to judge of their undue elections retorns misdemeanors breaches of Privileges and all other matters concerning their Membership not the Commons And if they can neither constitute elect nor remove their own Speaker for sickness or any other cause without the kings privity and consent declared in the House of Lords much lesse can they suspend seclude or eject any Member out of the House when chosen and returned by the Freeholders Citizens or Burgesses as their Attorny or Trustee in equal power with themselves without the Kings or Lords consents for any pretext of unfitness or undue election And if the king as Sir Edward Cook grants and these presidents prove may discharge the Speaker from his Office for grievous sickness and inability to discharge it I mak no question but he may likewise upon the like Petition of the Commons or Speaker discharge him of his attendance in the House or any other Member for the self same reason and grant a Writ to elect another able and fitting person in his place according to the opinion of 38 H. 8. Brooks Parliament 7. and Crompton in his Jurisdiction of Courts f. 16. approved by the whole House of Commons and accordingly practised in 38 H. 8. against Sir Edward Cooks bare opinion without reason to the contrary In the Parliament holden at Westminster 5 H. 4. rot Parl. n. 38. Thomas Thorp his Case Item because that the Writ of Summons of Parliament returned by the Sherif of Roteland was not sufficiently nor duly returned as the Commons conceived the said Commons prayed our Lord the King and the Lords in Parliament that this matter might be duly examined in Parliament and that in case therâ— shall be default found in this matter that such a punishment might be inflicted which might become exemplary to others to offend again in the like manner Whereupon 〈◊〉 said Lord the King in full Parliament commanded the Lords in Parliament to examine the said matter and to do therein as to them should seem best in their discretions And thereupon the said Lords caused to come before them in Parliament as well the said Sherifs at William Oneby who was returned by the said Sherif for one of the Knights of the said County and Thomas Thorp who was elected in full Countie to be one of the Knights of the said Shire for the said Parliament and not returned by the said Sherif And the said parties being duly examined and their reasons well considered in the said Parliament it was agreed by the said Lords that because the said Sherif had not made a sufficienâ— return of the said Writ that he shall amend the said return and that he shall return the said Thomas for one of the said Knights as he was elected in the said County for the Parliament and moreover that the said Sherif for this default shall be discharged of his Office any committed Prisoner to the Fleeâ— and that he should make sins and ransome at the Kings pleasures â—oâ— here the Lords in Parliament at the Commons request and by the Kings command examine and give judgement in case of an undue election and retorn even without the Commons In this same Parliament Richard Cheddar Esquire a menial servant and attendant on Sir Thomas Brook chosen one of the Knights to serve in Parliament for the County of Somerset was horribly beaten wounded blemished and maimed by one John Savage Whereupon the Commons complained thereof to the King and Lords petitioning them for redress both in his particular case for the present and all others of that nature for the future that they might make fine at the Kings 〈◊〉 and render double damages to the party maimed whether Members of theirs Servants Whereupon it was ordained and established by the King and Lords that for as 〈…〉 deed was done within the time of the said Parliament that Proclamation be made where it was done that the said John appear and yield himself in the Kings Bench within a quarter of a year after the Proclamation
3. Stat. 5. c. 4. because contrary to Magna Charta it self as he now expounds it Let him therefore unriddle assoyl this his own Dilemma or for ever hold his tongue and pen from publishing such absurdities to seduce poor people as he hath done to exasperate them to clamour against the Lords for being more favourable in their censure of him than his transcendent Libels and contempts against them deserved Fifthly This Statute is in the disjunctive by the Lawfull Judgement of his Peers OR BY THE LAW OF THE LAND which this Ignoramus observes not Now by the Law of the Land every inferiour Court of Justice may fine and imprison men for contempts or misdemeanors against them and their authority therefore the Lords in Parliament being the highest Tribunal may much more do it and have ever done it even by this express clause of Magna Charta and the Law and Custom of Parliament as well as they may give judgements in writs of Error against or for Commons without the Commons consent as himself doth grant yea and by the Kings concurrent assent declare what is Treason and what not within the Statute of 25 E. 3. c. 20. in the cases of Commoners as well as Lords without the Commons as they did in the forecited cases of William de Weston and Lord of Gomines 1 R. 2. n. 38 39 40. Of William Thorp 25 E. 3. n. 10. Of Thomas Haxey 20 R. 2. n. 15 16.23 Of Sir Thomas Talbot 13 R. 2. n. 20 21. Of Sir Robert Plesington and Henry Bowhert 22 R. 2. Plac. Coronae in Parliamento n. 27 28. Of John Hall 1 H. 4. Plac. Coronae in Parl. n. 11. to 17. Of Sir Ralph Lumley and others 4 H. 4. n. 15. 19 20 21. Of Sir John Oldcastle 5 H. 5. n. 11. and of Sir John Mortymer 2 H. 6. n. 18. as the Commons and Judges in all those Parliaments agreed without contradiction against the erronious opinion of Sir Edward Cooke to the contrary in his 3. Institutes p. 22. Sixthly It is granted by Lilburn that by this express Law No Freeman of England ought to be judged or censured but only by his Peers and that Commoners are no Peers to Nobles nor Noblemen Peers to Commoners Then by what Law or reason dared he to publish to the world That the House of Commons are the Supreme Power within this Realm and THAT BY RIGHT THEY ARE THE LORDS JUDGES certainly this is a Note beyond Ela a direct contradiction to Magna Charta in this very clause wherein he placeth his strength and subverts his very ground-work against the Lords Jurisdiction in their censure of him For if the House of Commons be by right the Lords Iudges then by Magna Charta c. 29. they are and ought to be their Peers and if the Commons be the Lords Peers then the Lords must be the Commons Peers too and if so then they may lawfully be his Judges even by Magna Charta because here he grants them to be no other than his Peers Lo the head of this great Goliah of the Philistin Levellers cut off with his own sword and Magna Charta for ever vindicated from his ignorant and sottish contradictory Glosses on it Now to convict him of his Errour in affirming the House of Commons to be by right the Lords Judges I might inform him as I have formerly proved at large that Magna Charta it self c. 14. 29. and Sir Edward Cook his chief Author in his commentary on them are express against him that in the Parliament of 15 E. 3. ch 2. in print it was enacted That whereas before this time the Peers of the Land have been arrested and imprisoned and their Temporalties Lands and Tenements Goods and Chattels seised into the Kings hands and some put to death without Iudgement of their Péers that no Peer of the Land Officer or other by reason of his office nor of things touching his office nor by other cause shall be brought in judgement to lose his Temporalties Lands Tenements Goods Chattels nor to be arrested or imprisoned outlawed exiled nor forejudged nor put to answer nor to be judged but by award of the said Péers in Parliament which privilege of theirs was both enjoyed and claimed in Parliament 4 E. 3. n. 14 15 E. 3. n. 6 8 44 49 51. 17 E. 3. n. 22. 18 E. 3. n. 7. to 16. 10 R. 2. n. 7 8. 11 R. 2. n. 7 c. and sundry other Parliament Rolls See Cook 4. Instit p. 15. 17 E. 3. 19. Cromptons Jurisdiction of Courts f. 4. 12 13. Stamford f. 151 152. This Paradox therefore of his is against all Statutes Law-Books Presidents whatsoever and Magna Charta it self And as false an assertion as that the Subjects are the Judges of their Soveraign the Servants of their Masters the children of their Parents the Wiâ—es of their Husbands the Soldiers of their General and the feet and lower members of the Head The second only Objection more of moment is this If the House of Peers may without the Commons fine and imprison Commoners then if their fine and imprisonment be unjust and illegal they shall be remediless there being no superior Court to appeal unto which will be an intollerable slavery and grievance not to be indured among free-born people I answer first That no injustice shall or ought to be presumed in the highest Court of Justice till it be apparently manifested Secondly If any such censure be given the party as in Chancery upon just grounds shewed may Petition the House of Peers for a review and new hearing of the cause which they in justice neither will nor can deny and if they do then the party grieved may petition the house of Commons to intercede in his behalf to the Peers for a rehearing but for them to discharge free any Commoner judicially censured by the Lords I have hitherto met with no president in former Parliaments nor power in the house of Commons to doe it who cannot reverse Erronious judgements in any inferiour Courts by writ of Error but the Lords alone much less then the judgements of the Higher House of Peers which is paramount them Thirdly I conceive the House of Peers being the Superior Authority and only Judicatory in Parliament may relieve or release any Commoners unjustly imprisoned or censured by the Commons house or any of their Committees and ought in justice to doe it or else there will be the same mischief or a greater in admitting the house of Commons to be Judges of Commoners if there be no appeal from them to the Lords in case their sentences be illegal or unjust Thirdly This mischief is but rare and you may object the same against a sentence given or Law made in Parliament by the King and both Houses because there is no appeal from it but only to the next or some other Parliament that shall be summoned by petition in the nature of a Writ of
very year-books of 22 E. 3. f. 18. a. where a Juror in the Grand Assise was challenged because he was a Baner or Baron and this Challenge not allowed car sil soit a BANER ne tient pas per BARONI il seruera in l'assise By 48 E. 3. f. 30 b. Brook Challenge 37. where Sir Ralph Everden Knight brought a writ out of Chancery and also a privy Seal to the Justices rehearsing that he was a Baron and commanding them to discharge him from being sworn in Assises because Barons ought not to be sworn in any Enquest or recognisance against their wills Whereupon Judge Belknap examined him Sil tient per Borony sil avera tout ceo temps Venus a Parlement come Baron duist vener who answered That he held by a certain part of a Barony and that he and his Ancestors had alwayes held so After which upon good advice he was discharged The tenure by Barony and comming to Parliaments in Belknaps opinion being that which makes men Barons not the general writ of Summons unless they held by Barony which Opinion is fortified by An. 3 H. 3. Fitzh Prescription 56. M. 4 H. 3. Dower 180. M. 23 H. 3. Partition 18. Tr. 18. 2 E. 2. Fitz. Assise 383. 39 E. 3.35 b. 34 H. 6.50 Trial. 18.35 H. 6.40 a. Sir Edward Cooks 4 Instit p. 47. Gilbert de Vmphrevils case with what Sir Edward himself hath observed in his 4 Instit p. 5. which I thought fit to add for further clearing of this moot-point to what I have herein collected touching this Subject 5ly I have here p. 57. to 132.243 to 258.264 to 267. 192. to 206 c. produced many memorable presidents and Records of our Lords and Barons magnanimous strenuous unanimous oppositions of all Regal and Papal Usurpations Oppressions Exactions Encroachments on the peoples Liberties or properties in former ages in our Parliaments of their care vigilancy industry courage to gain retain confirm and perpetuate to posterity those Grand Charters of our Liberties and Fundamental Laws privileges franchises which we formerly enjoyed by their valour and so long contested for both in Parliaments and the field against the late King with the prodigal expence of much Christian bloud and many Millions of Treasure Which yet now at last are almost totally lost betrayed deserted disowned both by the Nobility Gentry Lawyers Clergy and Commonalty of the Nation through base unworthy unchristian unEnglish ignoble fear and cowardise to their eternal infamy and reproach unless the God of the spirits of all flesh shall infuse new life and English Spirits into their spiritless stupid timorous faint-hearted slavish and almost despairing Souls by the serious contemplation of those heroick presidents of their ancestors here represented to their view especially when publikely assembled in Parliament and pressed to burden the people with new Aydes and Taxes though very rare small and inconsiderable in respect of the manifold heavy incessant Taxes Excises Imposts which we have for many years last past susteined to fight our selves into greater slavery beggary confusion every year than other and hasten the total and final desolation of Church State Religion Laws Liberties Parliaments kingdom if God of his infinite goodness prevent it not by induing the Lords of the Great Council of Parliament and all the Nobility Clergy Lawyers Gentry Commonalty and Soldiery of the Land with Grace wisdom understanding magnanimity unanimity and activity to know and pursue in this their day the things which belong to their peace liberty ease and settlement which shall be my daily Letany for them 6ly I have here published to your view the Articles proceedings â—udgements in Parliament against the two Spencers Roger Mâ—rtimer Earl of March King Edward the 2. and Richard the 2. out of the Records themselves more fully truly than they are related by our vulgar Historians to rectify some mistakes in them and presented you with the memorable petition of the Commons and the Kings answer thereunto in the Parliament of 1 Edw. 4. setting forth his pedegree Title to the Crown at large disproving the Titles of Henry the 4 5 6. branding them as meer Usurpers condemning Henry the 4. his deposition and murder of King Richard the 2. as a most tyrannical wicked bloudy unchristian act Murder execrable both to God and men which drâ—w down exemplary Judgements on the land and occasioned bloudy intestine wars repealing all proceedings Acts Ordinances for the establishment of this Usurper and attainting K. Henry the 6. his Queen Son and all their adherents of High Treason A record never formerly published And I have cleared these presidents from those false inferences to prove the Commons joynt interest in the Judicature of Parliament with the Lords and justifie those exorbitant proceedings which some have erroniously deduced from them 7ly In this plea I have for the most part recited the passages of our antient Parliaments and Records in the same language our old Historians and Records relate them both to avoid all suspitions of any mistranslation and because their own language more elegantly expresseth them and will give greater satisfaction to the learned of all professions for whose benefit and instruction I have chiefly published them not for the illiterate vulgars than any translation whatsoever If there be any lack-Latin Lords or Lawyers of so ignoble education or extraction that they cannot understand them I presume they have some Chaplains Secretaries Steward or Clerk belonging to them or learned friends near them who can interpret those passages in it which will be a shame for any Nobleman or Lawyer to profess in publike he understands nor for if Lawyers understand not Latin or French Records when printed how will they be able to read or make use of them in the Tower or Treasuries the principal Magazines both of that kind of learning and Law which concerns either our Parliamentary or State-affairs which will be wholly lost in few years more if all Students of the Law as many now do turn English Lawyers only and cast off the use both of Latine and Law-French in their publike Mootes the readiest method to make them real Ignoramusses and as void of Law as of these Languages wherein the Records are registred It is our Saviours observation John 3.19 20. That light is come into the world and men love darkness more than light because their deeds are evil For every one that doth evil hateth the light neither cometh to the light lest his deeds should be discovered or reproved And St. Paul complains of the foolish Galathians whom some had bewitched that they should not obey the truth that though at first they so respected him that if possible they would have plucked out their own eyes and given them to him yet soon after reputed him to be their enemy because he told them the truth I doubt the old and new Lights and unknown Parliamentary truths proceedings discovered to the ignorant blind world in this Plea
if that of Ingulphus with other our Historians and some Lawyers be true which Sir Edward Cook and Mr. Selden deny that King Alfred first divided the Realm into Counties as all grant he did into Hundreds and Tithings and erected Hundred Courts wherein Knights of the Shire were alwaies yet are and ought to be elected there could be no Knights of Shires at least if any Citizens or Burgesses to serve in Parliament before this division though there were Earls Dukes Barons before his reign who were present by the Kings summons not peoples elections at our Great Councils or Parliaments as Mr. Selden and Sir Henry Spelman undeniably manifest and I have elsewhere proved at large Their sitting voting judging therefore in Great Councils Parliaments being so antient clear and unquestionable ever since their first beginning til now and the sitting of Knights Citizens Burgesses by the peoples election in our antientest Great Councils Parliaments not so clearly evident by History or Records as theirs we must needs acknowledge subscribe to this their Right and Title or else deny the Knights Citizens Burgesses rights to sit vote in our Great Councils Parliaments rather than theirs who have not so antient nor clear a Title or right as they by many hundreds of years Fourthly This Right and Privilege of theirs is vested legally in them by the very Common Law and Custom of the Realm which binds all men By the unanimous consent of all our Ancestors and all the Commons of England from age to age assembled in Parliament since they sat in any Parliaments who alwaies consented to desired and never opposed the Lords sitting voting power or Judicature in Parliament and by Magna Charta it self signed and ratified by King John wherein it is expresly granted Ad habendum COMMUNE CONCILIVM REGNI de auxiliis assidendis de Scutagiis assidendis submoneri faciemus Archiepiscopos Episcopos Abbates Comites MAJORES BARONES REGNI singulatim per Literas nostras c. And in the Great Charter of King Henry the 3. they are first mentioned and provided for Hereupon King Henry the third not long after Magna Charta was granted and at the same time it was proclamed confirmed with a most solemn Excommunication in the presence of all the Lords and Commons by all the Bishops of England against the infringers thereof summoning a Parliament at London in the year 1255. to aid him in his warrs in Apulia the Earls and Barons absolutely refused to give him any assistance or answer at all for this reason Quod omnes Barones tunc temporis non fuerunt juxta tenorem Magnae Chartae suae vocati ideo sine Paribus suis tunc absentibus nullum voluerunt tunc responsum dare vel Auxilium concedere vel praestare That ALL THE BARONS were not summoned by him to this Parliament as they ought to be according to the tenor of Magna Charta whereupon they departing in discontent and refusing to sit longer the Parliament was first adjourned and at last dissolved And upon this very ground among others the Parliament of 21 R. 2. with all the Acts and proceeding therein were totally repealed and nulled by the Parliament of 1 H. 4. because the Lords who adhered to the King were summoned by him to the Parliament and some of the opposite party imprisoned impeached unsummoned and many of the Knights of the shire were elected only by the Kings nomination and Letters to the Sherifs And the Parliament it self kept by force viris armatis et sagittariis immensis brought out of Cheshire as an extraordinary guard quartered in the Kings Court at Westminster and about Charing Crosse and the Muse of which Grafton and other Historians write thus That they fell into so great pride of the Kings favour that they accounted the King to be as their fellow and they set the Lords at nought yet few or none of them were Gentlemen but taken from the plough and Cart and other Crafts And after these rustical people had a while courted they entred into so great a boldness that they would not let neither within nor without the Court to beat and slay the Kings good Subjects to take from them their victuals and pay for them little or nothing at their pleasure as our free-quarâ—erers do now falling at last to ravish mens wives and daughters And if any man fortuned to complain of them to the King he was soon rid out of the way no man knew how or or by whom so as they did what they listed the King not caring to doe justice upon them but favouring them in their mis-doings confiding in them and their guards against any others of the kingdom which gave the Lieges of his kingdom great matter of commotion and discontent The bringing up of which guard to Westminster to force and overawe the Parliament to effect his designs is one principle Article exhibited against him by the Parliament of 1 H. 4. wherein he was forced to resign his Crown and then deposed I pray God our new armed Guard and Courtiers at Whitehall and the Muse of as mean condition as those fall not by degrees to the self-same exorbitances contempt of the King Lords Parliament and oppression of the people to their general mutining and discontent In the Parliaments of 6 E. 3. N. 1. Parl. 2 N. 5.6 8 9 8 E. 3. N. 5. 15 E. 3. N. 4. 17 E. 3. N. 2. 20 E. 3. N. 5. 21 E. 3. N. 4. 22 E. 3. N. 1. 25 E. 3. N. 1. 29 E. 3. N. 4. 30 E. 3. N. 1. 37 E. 3. N. 1. 42 E. 3. N. 1. 50 E. 3. N. 1. 51 E. 3. N. 3. 1 R. 2. N. 1. 2 R. 2. N. 1. 3 R. 2. N. 1. 4 R. 2. N. 1. 5 R. 2. N. 65. 6 R. 2. N. 6. 7 R. 2. N. 1. 9 R. 2. N. 1. 8 H. 4. N. 54. We find in these Parliament Rolls that these Parliaments have been usualy prorogued adjourned from the days they were summoned to meet and have not saie nor acted at all because sundry of the Lords some Commons were not come but absent by reason of foul weather shortness of warning or other publique imployments all their personal presence in Parliament being reputed necessary and expedient And 20 R. 2. N. 8. The Commons themselves in Parliament required the King to send for such Bishops and Lords who were absent to come to tho Parliament before they would consult upon what the Chancellor propounded to them in the Kings name and behalf to consider of To recite no more antient presidents In the Parliament of 2 Caroll the Earl of Arundel not sitting in the Parliament being after his summons committed by the King to the Tower of London about his Sons mariage May 25. 1626. without the Lords privity and consent whereby their privileges were infringed and the House deprived of one of their Members presence thereupon the House of
should alwayes be summoned to and bear chief sway in our Parliaments in respect of their Peerage Power Nobility only without the peoples election This reason of their sitting in Parliament we find expresly recorded in Bracton l. 2. c. 16. fol. 34. and in Fleta l. 1. c. 17. The King say they hath a Superiour namely God also the Law bâ— which he is made a King likewise his Court to wit THE EARLS BARONS because they are called Counts as being the KINGS FELLOWS and he who hath a Fellow hath A MASTER And therefore if the King shall be without a bridle that is without a Law debent ei frâ—num imponere THEY OUGHT TO IMPOSE A BRIDLE ON HIM c. which the Commons being persons of less power and interest were unable to do Andrew Horn in his Mirrour of Justice ch 1. § 2.3 renders the like reason In all the contests in Parliaments and Wars between K. John Hâ—n 3. Edw. 2. Rich. 2. concerning Magna Charta the Charter of the Forest the Liberties Properties of the Subjects and opposition of unjust Taxes Ayds Exactions the Lords and Barons were the Ring-leaders the chief Opposers of these Kings Usurpations Exactions and Encroachments on the Great Charters Laws Rights Liberties of the people as all our Histories and Records relate whence they stile the Wars in their times THE BARONS WARS and before this the Nobles were the principal Actors in resisting the Tyranny of K. Sigebert and K. Bernard and dethroning them for their misdemeanours as is clear by Mat. Westminster in his Flores Historiarum An. 756. 758. To give some pregnant Instances of this kind not vulgarly known or taken notice of to clear this truth beyond contradiction Upon the death of William Rufus An. 1100. Magnates the Nobles of England not knowing what was become of Robert Duke of Normandy who had been 5. years absent in the holy Warrs thereupon Henry his Brother Congregato Londoniis Clero Angliae populo universo to wit the Lords Spiritual and Temporal expressed by these terms not the inferiour Clergy Knights Citizens Burgesses and Commons of the Realm as some Antiquaries and others mistake who derive their sitting in Parliaments from the beginning of this Kings reign promisit emendationem legum quibus oppressa fuerat Anglia tempore Patris sui Fratris nuper defuncti ut animos omnium in sui promotionem accenderet et amorem et illum in Regem susciperent et patronum Ad haec CLERO respondente et MAGNATIBUS CUNCTIS the Clerus populus there summoned quod si animo volente ipsis vellet concedere et Charta sua communire illas Libertates et Consuetudines antiquas quae floruerunt in Regno tempore Regis Edwardi in ipsum consentirent et in Regem unanimiter consecrarent Henrico autem libenter annuente et se id facturum cum juramento affirmante consecratus est in Regem favente Clero et populo cui continuo à Mauritio Londonensi Episcopo et à Thoma Eboracensi Archiepiscopo corona capiâ—i imponitur Cum fuerat diademate insignitus has Libertates subscriptas in regno ad exaltationem sanctae Ecclesiae et pacem populi tenendas concessit His Charter is recorded at large in Matthew Paris Bromton and others It begins thus Henricus Dei Graâ—ia Rex Angliae c. Sciatis me Dei misericordia Communi Consilio Baronum Regni Angliae Regem esse coronatum which proves that the Clerus Angliae Populus forementioned were only the Spiritual and Temporal Barons not ordinary Clergy and Commons as contradistinguished from them et quia regnum oppressum erat injustis exactionibus Ego respectu Dei et amore quam erga vos omnes habeo sanctam Dei Ecclesiam liberam facio c. et omnes malas consuetudines quibus Regnum Angliae injuste opprimebatur inde aufero quis malas consuetudines in parte hic pono Si quis Baronum meorum Comitum c. Lagam Regis Edwardi vobis reddo cum illis emendationibus quibus Pater meus eam emendavit Consilio Baronum suorum This Charter was subscribed by all the Bishops Earls Nobles and Barons of England Et factae sunt tot Chartae quot sunt Comitatus in Anglia et Rege jubente positae in Abbatiis singulorum Comitatuum ad monimentum So Matthew Paris relates William of Malmsbury records In regem electus est aliquantis tamen ante controversiis INTER PROCERES agitatis atque sopitis Which done aliquarum moderationem legum revocavit in solidum Sacramento suo et OMNIUM PROCERUM ne luderentur corroboravit Simeon Dunelmensis records that Consecrationis suae die Sanctam Dei Ecclesiam liberam fecit ac omnes malas consuetudines et injustas exactiones quibus regnum Angliae opprimebatur abstulit Legem Regis Edwardi omnibus in commune reddidit c. MAJORES NATU ANGLIAE MAGNATES TERRAE CONGREGAVIT LONDONIAE The Chronicle of Bromton records the same in the self-same words and so doth Henry Knyghton de Eventibus Angliae l. 2. c. 8 9. Polychron l. 7. c. 12. Roger de Hoveden Annal. pars 1. p. 468. and that the Lords procured this Charter King Stephen being elected and crowned King à PRIMORIBUS REGNI against his own and their former Oaths Omnes tam Praesules quam Comites et Barones qui filiae Regis et suis haeredibus juraverant Fidelitatem consensum Stephano praebentes In pursuance of his Coronation Oath Anno 1136. EPISCOPOS PROCERES REGNI SUI regali Edicto in unum convenire praecepit cum quibus GENERALE CONCILIUM CELEBRAVIT Oxoniis Wherein he confirmed all their Laws and Liberties by a special Charter in which there are these Clauses among others Sanctam Ecclesiam liberam esse concedo et debitam reverentiam illi conservo Omnes exactiones et injustitias et meschemingas sive per Vicecomites sive per alios quoslibet male inductas funditus extirpo Bonas leges et antiquas et justas consuetudines in hundris placitis et aliis causis observabo et observari praecipio et constituo This Charter was subscribed by all the Bishops Earls and Barons who procured it in this Common Council at Oxford Which they promised inviolably to observe generaliter se servaturum juravit sed nihil horum quae Deo promiserat observavit writes Matthew Paris Henry Huntindon Holinshed and others observe that the Archbishops Bishops and Nobles who contrary to their Oaths of Allegiance to Henry the 1. Mawde and their heirs elected Stephen King for this their detestable perjury soon after came to exemplary ends especially Roger the great Bishop of Salisbury qui secundum illud Sacramentum praefatum fecerat et omnibus aliis praedicaverat unde justo Deo judicio postea ab eodem Stephano quem creavit in Regem captus et excruciatus miserandum sortitus est
admittere dominus Eboracensis licet contra personam praesentatam nihil inveniret quod obsisteret sed solam inhibitionem vestram praetenderet Verum cum in incendio vicinae domus nostrarum immineat periculum vobis tanquam patri supplicamus quatenus tam praedictum Robertum quam nos omnes singulos praedicta libertate praesentandi Clericos nostros ad ecclesias nostras vacantes libere uti permittatis injungentes praedicto Archiepiscopo quod I. Clericum ad praedictam ecclesiam ab eodem praesentatum pro quo etiam preces effundimus devotas praesertim cum sit negotiis Regis regno nostro necessarius nisi aliquod canonicum obstiterit non obstante priori mandato vestro admittat Ut ex hoc nos ad propensiorem famulatum ecclesiae provocetis Ne cum sit jus advocationis praedictorum feudorum pro quibus Domino nostro militamus cogamur illius invocare subsidium qui jura libertates laicorum protegere â—enetur confovere Valete Anno 1140. In octavis vero Epiphaniae congregati sunt Londini Archiepiscopi et Episcopi cum multis aliis Magnatibus praesente etiam Legato reponentes querimoniam coram Rege in curia sua super variis injuriis oppressionibus quotidianis desolationibus illatis ecclesiae per iniquum Regis consilium contra suas chartas juramenta temere veniendo nec patitur suis pastoribus viduatas ecclesias respirare sed ut ab eisdem ecclesiastica bona variis argumentis extorqueat annis plurimis eas in manu sua detinet nec patitur electiones canonicas celebrari Super quibus injuriis illatis diatim multiplicatis omnes se asserunt vehemâ—ntâ—r admirari cum ipse Rex toties juraverit se jura ecclesiastica illibata conservare ipsomet audiente candelam tenente quod omnes Episcopi in violatores libertatum ecclesiasticarum simul sententiam fulminabant in cujus sententiae consummatione Rex ut alii candelam extinxit inclinandâ— Et erant contra Regem in querimonium Episcoporum capitula circiter 30. Et eotenus processum est quod lata sit iterum sententia terribiliter nimis in omnes Regis consiliaâ—ios qui ejus animum ad praedicta enormia conabantur inclinare In the Parliamentary Council held at Merton An. 1229. Anno 20 H. 3. cap. 9. All the Bishops to set up the Popes and their own Canons above the Common Law of England earnestly intreated the Lords that they would consent that those who were born before matrimony might be legitimare as well as those born after mariage as to hereditary succession because the Church held such for legitimate et omnes Comites et Barones una voce responderunt nolumus leges Angliae mutare quae hucusque usitatae sunt approbatae Upon which Sir Edw Cook observes That the Nobility of England have ever had the Laws sf England in great estimation and reverence as their best birthright Anno 1244. the 28 of Henry the third Pope Innocent sent one Martin his Legate into England with letters demanding a large contribution from the Prelates Abbats and Clergy to be speedily collected as he should direct which coming to the knowledge of all the Lords and Great men omnes ad Praelatos accesserunt ut uno per omnia consilio uterentur quia hoc negotium generalem statum Regni contingebat Whereupon all the Prelates by the Lords advice and encouragement denied to grant the Pope any aid at all sic soluto Concilio recesserunt Moreover this same year Romana Ecclesia rubore deposito tempore novi Papae Innocentii 4. non cessabat provisiones cotidianas redditus impudenter extorquere a via antecessorum suorum non exorbitando imo manum super omnes aggravando Exiit igitur murmur licet sero in cordibus Anglorum diu conceptum et retentum in manifestam querimoniam et quasi parturientes loqui non poterant amplius se continere Patientia enim eorum desidiosa erat humilitas infructuosa est imo potius damnosa et ipsa abutebatur Romana protervitas insatiabilis Et in unum convenientes totius Regni Nobiles Regem efficacissime super hoc conâ—enâ—rum asserentes se malle mori quam amplius tales enormitates tollerare Non enim eorum neque antecessorum suorum intentio fuit quando contulerint bona viris religiosis et aliis locis pia consideratione constructis ut ipsa ad aâ—bitrium Papae viris Italicis ignotis et eis quos noverant Simoniis usuris pollutos viciis multimodis quibus non est cura praedicatio vel hospitalitas Christi fidelibus impendenda contribuerent Rex igitur non mediocriter ad iram provocatus sciens ac sentiens talibus queremoniis inesâ—e veritatem scripsit Domino Papae verbis humilibus efficacissimis ut talia studeret paterna solicitudine corrigere The next year Anno 1245. This Martin violently seising on the lands and profits of divers Churches and religious persons prorerva injuriosa authoritate wherein the King protected him against all men whereby the condition of the Realm became most miserable thereupon urgente igitur necessitate totius Regni Angliae maxime praeceptum est ab ipso tempore EX PARTE ALIQUORUM MAGNATUM pro multiformi et incessabile oppressionne et depraedatione Regni dolentium et miserantium diligenter die nocte custoditis omnibus partibus Angliae PAPALES LITERAE quae quotidie ad emungendam pecuniam portabantur caperentur Wherupon the Governour of Dover took one of the Popes Posts laden with such Bulls and Letters to exact monies by divers means as he arrived at Dover and took away all his Bulls and Letters as he was commanded by the Lords imprisoning the Post in Dover Castle whom the King upon Martins complaint released causing the Letters and Bulls to be restored to him in perniciem Regni et Honoris sui Hereupon the Barons and Lords assembled at Laiton and Dunstable at Torneyes and from thence sent one Fulco to Martin residing in the New Temple at London commanding him presently to depart the Realm or else he and all his should be hewn in pieces within 3 days who thereupon repairing to the King for protection and demanding whether this were done by his direction The King answered no Sed BARONES MEI vix se continent quin consurgant in me eo quod tuas in Regno meo eorundem quae â—us modum excedunt depredationes injurias hactenus tolleravi Quorum etiam furorem vix compescui quin et in te iâ—ruentes te membratim non dilacerarent Upon which Martin demanding that the Marshal might convoy him safe to the Seaside â—â—ed with great hast and fear out of England After which the king coming to himself and discerning his Error by the advice of all the Nobility of the Realm there was an elegant Epistle written wherein the
in barr of the Writs of Summons directed to them because those writs themselves did ennoble and make them their posterity successors Peers of Parliament though they held no Lands by Barony 8ly it is undeniable by sundry presidents that the Kings general writs of Summons create none Lords or Peers of Parliament for life or Inheritance if they hold not by Barony which I shall evidence by these presidents in point To the Parliament of 49 H. 3. there were no less than 64 Abbots 36 Priors the Master of the Temple and 5. Deans of Cathedral Churches namely of York Exeter Salisbury Lincoln Bath and Wells summoned by general writs as the Bishops Earls Barons and other Nobles were yet this did not make themselves nor their Successors Barons or Peers of Parliament for neither of these Deans nor their successors were ever afterwards summoned to Parliament as they would and must have been had this writ made them or their successors Barons and Lords nor any of the Abbots or Priors but such only who held by Barony who were constantly summoned but those who then held not by Barony or Militare servitium if casually summoned to one Parliament were yet upon their complaints thereof omitted and discharged in the next as the Writs of Summons themselves attest and Mr. Selden manifests out of them Therefore the Writs did neither create them Barons for life much less their successors after them for then they should still have of right been summoned to succeeding Parliaments and ought not to have been discharged In the 18 of Ed. 2. A Writ of Summons was sent by the King Magistro Gilberto de Middleton Archidiacono Northampton Officiali Curiae Cantuariensis Magistro Roberto de Sancto Albano Decano de Arcubus London But no writ was ever directed to them afterwards but in this one Parliament only therefore it made them not Lords and Barons for life inheritance or succession The like is evident by the forecited presidents of the Abbots of St. James Leicester and other Priors So the Gardians of the Spiritualties of Bishops during the vacancy and their Vicars Generals during their absence beyond the Seas have been frequently summoned to Parliaments by writs But being summoned only as substitutes or in the right of the Bishops or Bishopricks it made them no Barons or Peers neither were they ever esteemed such heretofore or at this day as Mr. Selden informs us And as it was thus amongst Abbots Priors Deans and other Clergy-men that these writs made them not Barons for life nor yet in succession so by the selfsame Law and Reason they made no Laicks who held not by Barony such for life or inheritance Whence we find many such in the summons to Parliament of King Henry 3. Ed. 1 2 3. R. 2. H. 4 5 6. who were summoned once twice or thrice but never afterwards nor any of their name or posterity of which no other solid reason can be given but that these general writs of summons made them neither Barons for life nor inheritance no more than they did Abbots Priors or Clergymen For example I find Edmond Barstaff Robert de Crendon H. Huse Ader de Estlye Serton de Hansladorn and sundry others summoned by Writ to Parliament in 33 E. 1. Peter Corbet Andrew de Hamloe Henry Tregor Maurice de Buen Roger Banuent and some others in 13 E. 2. Simon Ward Henry Dandle William Blunt in 4 E. 3. Roger de Claudes Ralph de Bevil William de Kineston in 14 E. 3. Ralph Bulmer Thomas Bugworth in 22 E. 3. William de Ridehal in 27 E. 3. Robert de Colvil John de Kirton John de Wodhurst John Northwood John de Strivelin in the Parliament summons of 37. and one of them again of 38 E. 3. Henry Quarts in 6 H. 4. Henry Cuart in 7 H. 4. William Cheyney Chief Justice in 4. 6 H. 6. But neither of their persons nor any of their posterity were ever after summoned that I find to any other Parliaments as no doubt they would have been had those their writs of summons made them Lords and Barons In the Clause Roll of 5 E. 3. m. 12. dorso the King sent writs into Ireland to William de Burgh Earl of Ulster James de Botâ—ler Earl of Ormond William de Bremigham Knight and Walter de Burgh strictly enjoyning them with all speed to come over into England Nobiscum tractaturi vestrumque Consilium impensuri concerning his intended Voyage in person into Ireland and setting the peace and affairs therof and I read in the reign of King Henry 3. Edward the 1. 3. and other of our Kings that the King of Scots and his Nobles were oft summoned by Writs to our English Parliaments concerning the affairs of Scotland yet these writs made none of them Peers and Barons of our English Parliaments From all which I may safely conclude Sir Edward Cooks and others Opinions to be no Law but a clear mistake that a general writ of Summons doth or can create any who hold not by Barony Peers or Barons for life much less in fee or fee-tayl Therefore such may be afterwards elected Knights or Burgesses of Parliament and be Members of the Commons house and refuse to sit or serve in the Lords house upon summons without contempt or fine but no Baron or Peer of the Realm may be thus chosen or neglect his service in the Lords house Finally Mr. Cambden in his Britannia p. 120 122. Apologia p 11. and Mr. J. Selden in his Titles of Honour part 2. chap. 5. Sect. 31. p. 708. to 718. assert That as some Spiritual Barons who were conceived to be Barons by writ as well as by tenure though sometimes summoned to Parliament by writ were wholly omitted at length as not having of right Voice and Place with the rest because they held not by Barony So sundry of the Lesser Barons and Tenants in Capite holding only of the King as Vavasors by Knights service and not by an intire Barony were likewise excluded the Parliament and not summoned thereunto by King John Henry the 3. Edw. the 1. being not great and honourary Barons nor having estates sufficient to support that dignity and that as Mr. Selden conceites by some Law made not long before the Great Charter of King Iohn procured by MAJORES BARONES who foreseeing that their power and dignity might suffer much diminution if the new tenants in chief or Patentees of Escheated Baronies and the rest that were decayed should have equality with them and be indifferently Barons of the Kingdom every way as they were procured a Law in some of the Parliaments that preceded the Great Charter of King John by which themselves only should hereafter be properly stiled summoned as BARONS and the rest only Tenants in chief or Knights which Titles shold be given them as distinct names from Barons which could not but much lesen the dignity and honor of the rest
the most best Antiquaries and English Historians I have seen who Treat of our Parliaments except that Gross Impostor who composed that ridiculous Treatise stiled Modus tenendâ— Parliamentum when there was never any Parliament held in any age in England or Ireland in such manner as â—e there relates prescribes with Sir Edward Cook and some other injudicious Antiqâ—aries seduced by this pretended forged Antiquity have not presumed to derive the Antiquity of the Knights Citizens and Burgesses summons to and siâ—ting in our Parliaments higher than the Parliament held under Henry the 1. at Salisbury Anno Dom. 1116. the 16 year of his reign To which Polydor Virgil Hist Angl. An. 1116. Judge Dodridge and others in the Antiquity of the Parliamenâ—s of England p. 18 19 20 40 80 86 87. Holinshed in his Chronicle vol. 3. p. 38 39. John Speed in his History of Great Britain p. 438 439. referre their Original if not the beginning of Parliaments themselves But under these learned mens correction who produce no warrant from histories or records in that age for proof of what they affirme I dare confidently assert that there is nothing to be found in History or Record to warrant this their fancy but many direct evidences against it which I shall briefly clear being very pertinent to the present controversie and judicature of the Lords House 1. It is most clear that to this Parliamentary Council held at Salisbury Anno 16 H. 1. No Commons Knights Citizens elected by the people were called by this Kings Writs as some of these Authors with the Manuscript of Canterbury positively assert and others of them seem to incline unto but only the Lords spiritual and temporal of the Realm as Holinshed himself relates whom Speed stileth the Estates both Spiritual and Temporal This is evident by Eadmerus who then lived and thus records the proceedings of that convention under this King 13 Kal. Aprilis factus est Conventus Episcoporum Abbatum et Principum totius regni apud Serberiam cogente eos illuc sanctione Regis â—enrici Which Rog. de Hoved. thus seconds Comites et Barones totius Angliae apud Salisberiam convenerunt who as Mat. Paris and Mat. Westminster with them relate Jurarunt fidelitatem Willielmo filio suo Simeon Dunelmensis â—â—iles it Conventus Optimatum et Baronum totius Angliae wherein jussu Regis omnes Comites et Barones cum Clero totius Regni swore fealty to him and his Son as the Chronicle of Brompton also relates not any of our antient Historians making mention of any Commons Knights Burgesses but only of Bishops Abbots Earls Lords and Barons of the Realm there present at it In this Parliament after the Earls Barons and Great men had done homage to William the Kings Son and sworn allegiance to him the Cause and complaint between Ralph Archbishop of Canterbury and Thurstan elected Archbishop of York was there heard and debated which had been agitated between them a whole year before Thurstan being admonished by Ralph to make his subjection to the See of Canterbury and to receive his consecration from him after the ecclesiastical and usual manner Answered That he would willingly receive his consecration from him but he would by no means make that profession of subjection to the See of Canterbury which he exacted but only that which Pope Gregory and after him Pope Honorius the 6. had ordained who made this agreement between the two Archbishops of England Ut neuter alteri subjectionis professionem faceret nisi tantum ut qui prior ordinatus esset quamdiu viveret prior haberetur quod proprium est servorum Dei ut verahumilitate sibi invicem acclives sint nullus super alium primatus ambitionem exercere debet Sicut Dominus noster Verae humilitatis praedicator amator discipulos suos de hac re litigantes redarguens dixit eis Qui major est vestrum erit omnium minister Nullus siquidem post beatum Auguâ—â—inum â— qui non tam Archiepiscopus quam Apostolus Anglorum dicendus est Archiepiscoporum Cantuariensium primatum totius Angliae sibi vendicare praesumpsit usque ad Theodorum Archipraesulem cui propter singularem in Ecclesiastica Disciplina solertiam omnes Angliae Episcopi subjici consenserunt sicut Beda in Ecclesiastica Historia Angliae testatur Quamobrem Turstinus nullam aliam subjectionis professionem Cantuariensi Pontifici facere voluit nisi quam beatus Papa Gregorius instituiâ— Ralph on the other side pleaded the subjection of his predecessors made to his Predecessors Rex autem Henricus ubi advâ—rtit Turstinum in sua stare pervicatia aperte protestatus est illum aut morem antecessorum suorum tam in professione facienda quam in aliis dignitatis Ecclesiae Cantuariensis ex antiquo jure competentibus executurum aut Episcopatu Eboracensi cum benedictione funditus cariturum His auditis ille suo cordis consilio inpraemeditatus credens renunciavit Pontificatui spondens Regi Archiepiscopo se dum viveret illum non reclamaturum nec aliquam calumniam inde moturum qui cunque substitutus fuisset But Thurstan afterwards repenting of his rashness contrary to his agreement in Parliament going to the Pope against the Kings command to the Council at Rhemes was there consecrated Archbishop of York by Pope Calixtus himself contrary to his promise to the Kings agent and Canterburies who there publikely protested against his consecration without making any subjection to the See of Canterbury Whereupon the King prohibited Thurstan to return into England or any of his Dominions swearing that he should never return whiles he lived unless he would make his subjection to the See of Canterbury Which Oath he refused to violate at the Popes personal request to him though he then absolved him voluntarily from this Oath saying Quod dicit se quoniam Apostolicus est me à fide quam pollicitus sum absoluturum Si contra eandem fidem Thurstinum Eboraci recepero non videtur regiae honestati convenire hujusmodi absolutioni consentire Quis enim fidem suam cuivis polâ—câ—ntii amplius crederetur cum eam meo exemplo tam facile absolutione annihilari posse videret As in this famous Parliamentary Council of Salisbury so in all precedent and subsequent Great Councils and Conventions during the whole reign of king H. 1. the Prelates Earls Barons spiritual and temporal Lords were only summoned as Members not any Knights Citizens Burgesses or Commons elected by the people which I shall next make good In a Parliamentary Council in the 1. year of his reign Anno 1100. he was elected and crowned King of England abolished ill Laws confirmed King Edwards Laws and the Great Charter of Liberties under his Seal Communi Concilio Baronum regni Archiepiscoâ—is Episcopis Comitiâ—uâ— Proceribus Magnatibus et Optimatibus totius Regni Angliae there subscribing to his Charter then granted as witnesses See here p. 58
praesenti supersit His horumque similibus regali facundia editis praefaâ—us Petrus assensum praebere utile judicavit annuit Quapropter larga regis munificentia magnifice honoratus nullo modo se quicquam antiquae dignitatis derogaturum immo ut dignitatis ipsius gloria undecunque augmentaretur spoâ—pondit plena fide elaboraturum Pax itaque firma inter eos firmata est qui Legati officio fungi in tota Britannia venerat immunis ab omni officio tali cum ingenti pompa via qua venerat extra Angliam a Rege missus est At Canterbury he perused the antient privileges granted to the Prelates by the See of Rome touching their superiority over York Quibus ille perspectis atque perpensis testatus etiam ipse est Ecclesiam Cantuariensem grave nimis immoderatum praejudicium esse perpessam quatenus hoc velocius corrigeretur â—e modis omnibus opem adhibiturum pollicitus est Post haec Angliam egreditur By all these Parliamentary Councils and Proceedings in them and the Kings answer to this Legate it is most apparent from the testimony of Eadmorus present at most of them and then antient Hiâ—orians 1. That they all consisted during all the reign of King Henry the 1. of the King Bishops Abbots Earls Lords and Barons without any Knights Citizens Burgesses or Commons elected by the people 2ly That not only the legislative but judicial power or judicature of Parliament in all civil ecclesiastical and criminal causes debated or judged in them resided wholly in the King Prelates Earls Barons and Nobles which they joyntly and severally exercised by mutual consent as there was occasion 3ly That our Kings Prelates Nobles were then all very vigilant and zealous in opposing the Popes usurpations upon the antient Liberties Privileges Customs of the king kingdom and Church of England 4ly That those Antiquaries and others are much mistaken who affirm the Commons were called to the Parliament of 16 H. 1. as well as the Peers and Nobles and that since that time the authority of this Court hath stood setled and the COMMONALTY had their voice therein which the said H. 1. GRANTED TO THEM in love to the English Nation being a natural Englishman himself when as the Normans were upon terms of revolt from him to his Brother Robert Duke of Normandie it being clear by these Histories and all the Parliamentary Councils under King Henry the 1. and under Hen. the 2. King Ric. the 1. King John and Henry the 3. forecited and here ensuing that there were no Knights Citizens Burgesses or Commons elected by the people summoned to our Parliaments in their reigns succeeding Henry the 1. therefore not in his 5ly That the Opinion of Mr. Cambden Judge Dodridge Jo. Holland Sir Ro. Cotton Mr. Selden and others is true that the first Writ of Summons of any Knights Citizens Burgesses or Commons to Parliament now extant is no antienter than 49 H. 3. dors 10.11 That King Henry the 3. after the ending of the Barons wars appointed and ordained That all those Earls and Barons of the Realm to whom the King himself should vouchsafe to send his Writ of Summons should come to his Parliament and none else but such as should be chosen by the voice of the Burgesses and Freemen by other Writs of the king directed to them And that this being begun about the end of Hen. the 3. was perfected and continued by Edward the 1. and his Successors Which Holinshed Speed do likewise intimate in general terms So that upon due consideration of all Histories Records and judicious Antiquaries it is most apparent that the Commons had no place nor votes by election in our Parliaments in Hen. 1. his reign noâ— before the latter end of King H. 3. and Ed. 1. who perfected what his Father newly before him began in summoning them to Parliaments This being an irrefragable truth as I conceive the next thing to be considered of is this whether the Commons when thus called and admitted by H. 3. and E. 1. into our Parliaments had any share right or interest in the judicature of Parliaments then granted to them either as severed from or joyntly with the King and Lords And if any share or right at all therein at what time and in what cases was it granted or indulged to them With submission to better judgements I am clear of opinion that the King and Lords when they first called the Knights Citizens and Burgesses to Parliament never admitted them to any share or copartnership with them in the antient ordinary Judicial power of Parl. in civil or criminal causes brought before them by Writ Impeachment Petition or Articles of complaint as they were the supreme judicature and Court of Justice but reserved the judicial power and right of giving and pronouncing all Judgements in Parliament in such cases and ways of proceeding wholly to themselves admitting them only to share with them in their consultative Legislative and Tax imposing power as the Common Council of the Realm thereby in cases of Attainder by Act Bill or Ordinance a part of the Legislative not ordinary judicial authority of Parliament allowed them a voice and partnership with themselves and a share in reversing such Aâ—tainders by Act Bill or Ordinance by another Bill or Sentence but in no cases else except such alone wherein the King or Lords should voluntarily at their own pleasures not of meer right requite their concurrence with them The Arguments reasons inducing me to this opinion and irrefragably evincing it are these 1. The Form of the Writs for electing Knights Citizens Burgesses of Parliament with the retorns and Indentures annexed to them which are only ad faciendum consentiendum his quae tunc ibidem de Communi Concilio dicti regni contigerint ordinari Which gives them no judicial power in civil or criminal causes there adjudged as the Writs to the Lords doe give to them by these clauses Ibidem cum Praelatis Magnatibus Proceribus regni colloquium habere tractatum vobiscum c. colloquium habere tractare Personaliter intersitis Nobiscum ac cum Praelatis Magnatibus Proceribus super dictis negotiis tractaturi vestrumque consilium impensuri and usage custom time out of mind 2. Because when first summoned to our Parliaments they were never called nor admitted thereunto as Members of the Lords house or as persons equal to them in power nor admitted to sit in the same Chamber as Peers with them but as Members of an inferiour degree sitting in a distinct Chamber from them by themselves at first as they have done ever since which I have elsewhere proved against Sir Edward Cooks and others mistakes as Modus tenendi Parliamentum it self resolves if it be of any credit 3ly Because after their call to our Parliaments in 49 H. 3. they had scarce the Name nor Form of an House of Commons or Lower
vote down the Lord Mayor and Aldermen and reverse their Orders and Judgements in their Court upon appeals unto them They being in nature of Grand Jury men and the General Inquisitors of the Realm to inquire of present and impeach transmit delinquents of all sorts in Parliament to the Lords House their only Judges Cooks 4. Instit p. 24. 3ly That the King and House of Lords are now of right and still ought to be the only true and proper Judges of all Parliamentary Causes and Controversies Civil Ecclesiastical or Criminal whether they concern Peers Clergymen or Commoners as they were originally before any Knights Citizens or Burgesses summoned to them To clear this from all Scruples and avoid mistakes I must inform you that there is a twofold way of proceeding and judgeing in Parliaments The 1. extraordinary and extrajudicial by way of Bill Act or Ordinance by the Legislative power alone such Bills Acts Ordinances ratifying only the precedent judgements of the Lords passed against Malefactors being not any proper actual Judgements in their own name This is evident by one of the first cases wherin the Commons after their admission into our Parliaments were made parties to a Judgement by way of Bill In the Parliament of 15 E. 2. there were sundry Articles of High Treason in accroaching royal Power in divers cases c. as likewise of misdemeanour and Breach of the Great Charter exhibited against the 2. Hugh Spencers both privy Counsellors of the realm which upon examination were found true BY THE EARLS BARONS OTHER PEERS OF THE LAND Parquoy NOVS PIERS DE LATERRE COUNTS BARONS en la presence nostre SEIGNOUR LE ROY AGARD que Sir Hugh le Despenser le Fitz Sir Hugh le Despenser le piere soient disheritz a touts jours come disheritours de la corone enemies du roy de son people que ilz soient de tout exiles hors du royalme Dangliterre sans retourner in nul temps si ceo ne soit de assent nostre Seignor le Roy de lassent DES PRELATS COUNTS ET BARONS et ceo en parlement duement somons Et les donons port a Dover nul parte aillours a voyder a passer hors du royalm Dangliterre enter cy la feast de sainct John le Baptist prochein avenir cest jour accompte Et si lesâ— it Sir Hugh Sir Hugh demurgent en le royalme Dangliterre oustre le dit jour que done lour est de voyder de passer come desuis est dist ou que apres le dit jour retournet adonques soit fait de eux come de enemies de roy de roialme This judgement being given against them in Parliament only by the Peers Earls and Barons in the presence of the King as the Close of the Act for their banishment and Clause Roll of that year recite thereupon there was an Act drawn up wherein all the Articles and the judgement given against them are recited for confirmation of this Judgement wherein the Prelates and Commons were made parties though not to the judgement it self beginning thus Al honeur de deiu c. luy monstrent Prelates Counts Barons et les autres Pieres de la terre COMMON de Royalm contre Sir Hugh c. To which Act the King much against his will to prevent a warr consented The History of the Lords proceedings against these Spencers is thus related by Walsingham There falling out a difference between Hugh Spencer the younger and Earl of Hereford about lands which Spencer purchased of William de Brews which the Earl desired to buy and had first contracted for but Spencer by his power at Court bought from him the Earl thereupon being much incensed complained of this injury to Thomas Earl of Lancaster qui allicientes caeteros pene cunctos Comites Barones in partem suam conjurationem fecerunt maximum ad vivendum moriendum pro justitia regni proditores pro viribus destruendis praecipue utrunque Hugonem de Spencer patrem scilicet atque filium quos odio inexorabili perstringebant eo maxime quia regem ducebant pro suae voluntatis arbitrio in tantum quod nec Comes nec Baro nec Episcopus quicquam valuit expedire in Curia sine horum consilio vel favore Omnium ergo livore persequebantur qui omnibus pene dominabantur quo plus crevit eorum gloria eo amplius contra illos crevit invidia quae semper accrescit abundantia aliorum Igitur Barones duce Thoma de Lancastria apud Shirborn in Elmedon convenerunt faederati prout dicitur juramentis astricti ad prosequendum propositum usque ad corporis animae divisionem Sed tamen pene cuncti praeâ—er Thomam de Lancastria Humfridum Comitem de Herefordia paucos alios ante finem negotii retrorsum abierunt prae timore mortis sese Regi dediderunt sed haec inferius plenius videbuntur Cumque Barones ut praefertur apud Shirburnam convenissent quosdam artirulos proscriptionem dictorum Hugonis Hugoniâ— composuerunt sed tamen vias juris et aequitatis in hac parte penitus omiserunt suorum pro tempore exequentes impetus animorum Nam illorum bona qui illis vel amicitia vel affinitate juncti fuerant furibunde invadebant capientes castra per violentiam vastantes praedia per malitiam perimentes famulos reperâ—os iâ— custodiis eorundem dolentes ob hoc tantummodo quod eorum personas capere quos oderunt minime potuerunt praedicta furia de die in diem vires sumente Barones vexillis explicatis ad sanctum Albanum veniunt per viam deripientes ubique victualiâ— pauperes terrae gravantes In hac comitiva fuerant quidam qui propter inveteratum odium monasterium sancti Albani dictique loci Monachos se gravaturos devoverant Sed tamen disponente Deo qui neminem temptari permittit supra vires horum magister autor tantae malitiae in villa de Alysbury priusquam ad sanctum AlbanuÌ„ attingeret morbo percussus irremediabili propriis seipsum descerpit manibus post duos dies miserabiliter expiravit Caeteri tam formidabili tremefacti vindicta casum pro miracuâ—o reputantes ab executione voti illiciti timore magis quam amore destiterunâ— Magnates vero apud sanctum Albanum cum suis armatis exercitibus per triduum perhen inâ—ntes miserunt solennes ad Regem nuncios Londoniis commorantem Londoniensem Sarisburiensem Eliensem Herefordensem Cicistrensem Praesules qui tunc apud sanctum Albanum convenerant pro pace reformanda mandantes ut dominus rex non solum suam vacuaret curiam sed regnum suum de regni Proditoribus Hugone Hugone le Spencer per communitatem terrae in multis condemnatis articulis exiliumque meritum subire permitteret si diligeret regni pacem Petierunâ— Barones insuper
Earl of Ireland Mâ—chael de la Poole Earl of Suffolk Robert Tresylam Chief Justice Nicholas Bramber Knight and other of their adherents of High Treason against the King and his Realm The Articles they exhibited against them were 36 in number at large recorded in Henry de Knyghton de Eventibus Angliae l. 5. col 2713. to 2727. with the whole proceedings thereupon for which many were attainted condemned executed BY JUDGEMENT OF THE LORDS notwithstanding the Kings intercession for some of them to the LORDS they are likewise mentioned in the printed Statutes at large of 11 R. 2. c. 1 3 4. in Walsingham Hist Angliae p. 359 to 367. and other vulgar Historians I shall therefore for brevity refer you to them Exactum est juramentum a rege ad standum REGULATIONI PROCERUM et non solum a rege sed a cunctis regni incolis idem juramentum est expetitum In the Parliament of 14 R. 2. n. 14. The King and Lords without the Commons declared That in the 7 year of this King the Earldom of Richmond with the appartenances WERE ADJUDGED BY THE KING AND LORDS to be forfeited to the King by reason of the adherence of John Duke of Britain then Earl of Richmond to the French against his allegiance to the King and his father king Edward the 3. which judgement was not then enrolled in the Rolls of Parliament for certain causes known to the King and LORDS but was now inrolled and the lands granted to the Earl of Westmerland which King Henry the 4th would not revoke upon the Commons Petition to restore them to the Duke 1 H. 4. rot Parl. n. 78. In the Parliament of 17 R. 2. n. 11 Richard Earl of Arundel in the presence of the KING and LORDS accused the Duke of Lancastre of 5 particular misdemeanors In which when the King had justified him it was awarded by the King BY THE ASSENTS OF ALL THE LORDS that the Earl should in full Parliament make a formal submission to the Duke and crave pardon for his false accusation In the Parliament of 21 R. 2. rot Parl. n. 12. to 17. the Commons impeached Thomas Arundel Archbishop of Canterbury of high Treason for procuring the Duke of Glocester and others there named to accroach to themselves regal power and execute the Commission of 10 R. 2. when he was Chancellor praying that he might be kept under safe custody with a protestation of making for her accusations during the Parliament against him and others After which they prayed the King to give judgement against the Archbishop according to his desert who submitted himself to the Kings mercy Whereupon the KING LORDS and Sir Thomas Piercy the general Proctor for the Bishops in this case adjudged the fact of the Archbishop to be Treason and himself a Traytor and that thereupon he should be banished his temporalties seised and all his lands in proper possession or use together with his goods forfeited to the King and presenting the day and place of his departure into exile After this in the same Parliament of 21 R. 2. the Lords Appellant therein named accused the Duke of Glocester the Earls of Arundel and Warwick and others of High Treason for procuring the Commission in 10 R. 2. for raising forces and coming to the Kings person armed For accroching to themselves royal power and adjudging some to death and executing them as Traytors in the Parliament of 11 R. 2. For intending to surrender up their Homage and allegeance to the King and then to depose him and saying they had good cause to depose him c. Hereupon the Earl of Arundel being brought in custody to the Parliament before the Lords by the Kings command and assent of the Lords had his charge read and declared before him by the Duke of Lancaster Steward of England to which he pleaded his pardon which plea being disallowed because his pardon was revoked by this Parliament and he relying on it without any other plea the Lords appellants prayed judgement against him as convict of the Treasons aforesaid Whereupon the Duke of Lancaster by assent of the KING Bishops Earles and LORDS adjudged him convict of the Articles aforesaid and thereby a Traytor to the King and Realm and that he should be therefore hanged drawn and quartered and forfeit all his Lands in fee or fee-tayl which he had in the 10. year of this King with all his goods and chattels But for that he was come of Noble bloud the King pardoned his execution of hanging drawing and quartering and granted that he should be beheaded which was accordingly executed the same day on Tower hill by the Marshal of England The 28. of September the Earl of Warwick was brought ao his Trial in the same manner as the Earl of Arundel who confessed all the Articles submitted to the Kings grace and had the same judgement pronounced against him in the same manner as the Earl of Arundel But the King at the Lords Appellants and others requests pardoned his execution granted him his life and banished him into the Isle of Man The Duke of Norfolk by assent and Act of Parliament was tried in a Court Martial by the King Lords and some Knights for words spoken against the King and judgement was there given that he should be banished into Hungary and his lands forfeited to the King Within one year after such is the vicissitude of all worldly honour and power in the Parliament of 1 H. 4. Plac. Coron n. 1. to 11. at the prayer of the Commons the great Lords Appellants Edward Duke of Albemarl Tho. Duke of Surry John Duke of Exeter John Marquess Dorset John Earl of Salisbury and Thomas Earl of Glocester were all questioned and brought to their several answers before the King and Lords for their Acts and proceedings in the Parliament of 21 R. 2. the records whereof being read before them in Parliament they made their several answers and excuses thereunto whereupon the King and Lords after consultation thereupon ADJUDGED that the said Dukes Marques and Earls should lose their several Titles and Dignities of Dukes Marquess and Earls with all the honor thereunto belonging and that they should forfeit all the Lands and goods which they or any of them had given them at the death of the Duke of Glocester or since and that if they or any of them should adhere to the quarrel or person of King Richard lately deposed that then the same should be Treason The which Judgement was pronounced against them by William Thurning Chief Justice of the Kings Bench in Parliament by the Kings command but in the Parliament of 2 H. 4. rot Parl. n. 33. upon the Petition of the Lords and Commons to the King the Earls of Rutland and Somerset were pardoned and restored by the King in Parliament In the Parliament of 2 H. 4. n. 14. the Bishop of Norwich was accused by Sir Thomas Erpingham the Kings
Vice-Chamberlain before the King and Lords of divers offences against the King who taking the accusation to be good because of the Bishops order and that he was of the kingâ— linage pardoned the said Bishop all his misprisions done against his person and reconciled the Bishop and Sir Thomas one to another And n. 30 31. all the Lords Temporal whose names are there recorded being 25. in number by assent of the King declared and ADJUDGED Thomas Holland late Earl of Kent John Holland late Earl of Huntingdon John Mountague late Earl of Salisbury Thomas le Despencer Sir Ralph Lumley Knight and divers others who were for their Rebellions and Treasons in levying war against the King taken slain or beheaded by certain of the Kings Subjects to be Traytors and that they should forfeit all such Lands as they had in fee the 5. of January the first year of the King or at any time after with all their goods and chattels The Record is Toutz les Seigneurs temporelz esteantz en Parlement per ussent du Roy declarerent et adjuggerent les ditz Thomas c. pur Trayteurs pur la leve de Guerre encountre lour Seignior le Roy nient obstant qils furent mortz sur le dâ—t leve de guerre sanz process de ley Lo here the Lords alone by the Kings assent declare and adjudge what is Treason both in the case of Lords and Commoners too and â—taint and give Judgement against them both without the Commons after their deaths without legal trial In the Parliament of 5 H. 4. rot Parl. n. 11 12 13 14. On Friday the 18 of February the Earl of Northumberland came before the King Lords and Commons in Parliament and by his Petition to the King acknowledged that he had done against his Lawes and allegeance and especially for gathering power giving of Liveries for which he put himself upon the Kings grace and prayed pardon the rather for that upon the Kings Letters he yielded himself and came to the King at York whereas he might have kept himself away Which Petition by the Kings command was delivered to the Justices to be examined and to have their counsel and advice therein Whereupon the LORDS made a Protestation que le Juggement appentient a â—ux tout soulement THAT THE JUDGEMENT APPERTAINED ONLY TO THEM And after the said Petition being read and considered before the King and the said Lords as Peers of Parliament aus queux teils juggemeâ—t apperteignent de deoit to whom such Iudgements appertained of right having had by the Kings command competent deliberation thereupon and having also heard and considered as well the Statute made in the 25. year of King Edward the Kings Grand father that now is concerning the Declaration of Treason as the Statutes of Liveries made in this Kings reign ADJUDGED That that which was done by the said Earl contained within his Petition was neither Treason nor Felony but Trespas for which the said Earl ought to make fine and ransom at the will of the King Whereupon the said Earl most humbly thanked our Lord the King and the said Lords his Peers of Parliament for their rightfull judgement and the Commoners for their good affections and dâ—ligence used and shewen in this behalf And the said Earl further prayed the King that in assurance of these matters to remove all jealousies and evil suspitions that he might be sworn a new in the presence of the King and of the Lords and Commons in Parliament and the said Earl took an Oath upon the Crosier of the Archbishop of Canterbury to be a faithfull and loyal liege to our Lord the King the Prince his Son and to the heirs of his body inheritable to the Crown according to the Laws of England Whereupon the king out of his grace pardoned him his fine and ransom for the trespass aforesaid After which num 17. the Lords Spiritual and Temporal humbly thanked the King sitting in his royal Throne in the white Chamber for his grace and pardon to the said Earl of his fine and ransom and likewise the Commons thankâ— the Lords Spiritual and Temporal for the good and just Iudgement they had given as Peers of Parliament to the said Earl From this memorable Record I shall observe First that though this Declaration of this Earls case was made by his Petition in the presence of the King Lords and Commons in Parliament according to the Statute of 25 E. 3. yet the Lords only by Protestation in presence of the King and Commons claimed to be the sole Iudges of it as Peers of Parliament and belonging to them OF RIGHT Secondly That this claim of theirs in this case was acknowledged and submitted to both by the King and Commons and thereupon the Lords only after serious consideration of the case and Statutes whereon it depended gave the definitive sentence and judgement in this case that it was neither Treason nor Felony but Trespass only c. Thirdly That the Earl thanked the King only for his grace the Lords for their just Iudgement and the Commons only for their good hearts and diligence having no share in the judgement though given by the Lords both in the Kings and their presence and that the Commons themselves returned special thanks to the Lords Spiritual and Temporal in Parliament for their good and just judgement Fourthly That this judgement of the Lordr only was final and conclusive both to the King and Commons who acquiesced in it In the Parliament of 2 H. 5. rot Parl. num 13 14. Thomas Mountague Earl of Salisbury son and heir of John Mountague Earl of Salisbury exhibited his petition in Parliament to reverse a judgement given against his said father in the Parliament at Westminster in the second year of King Henry the fourth rot Parl. n. 30 31. forecited wherein amongst others he was attainted of Treason by judgement of all the Temporal Lords in Parliament and thereupon he exhibited certain reversals of Judgements given in Parliament as making on his behalf to the Lords consideration reversed for some errors assigned in those judgements to wit one judgement given against Thomas heretofore Earl of Lancaster before King Edward the second at Pomfract the Monday before the feast of the Annunciation in the fifteenth year of his reign and another Judgement against Roger de Mortymer late Earl of March in the Parliament of King Edward the third the Monday after the feast of St. Katherine in the fourth year of his reign at Westminster Which Judgements being distinctly and openly readâ— and fully understood It seemed to the King and Lords that the case of the death and execution of the said John late Earl of Sarum and of the judgement aforesaid against him given is not nor was like to the case of the executing of the said Th. heretofore Earl of Lancaster nor to the case of the putting to death of Roger Earl of March nor to any judgement given against
committed to the Tower of London The 7 day of February the Commons by William Trussel their Speaker brought up and presented to the King and Lords in the Lords House a Bill against the said Duke containing an impeachment of several High Treasons committed by him against the King requiring of the Lords all their Articles therein to be enacted with prosecution therein The 9. of March they exhibited new articles of complaint against the Duke comprising sundry misdemeanors against the king and other persons which they require might be enrolled and that the Duke might answer to them The 9. of March the Duke was brought by the kings writ from the Tower into the Parliament Chamber before the King and Lords where the Articles were rehearsed to him who desired Copies of them which was granted And he for more ready answer was committed to certain Esquires to be kept in the Tower within the kings palace The 14 of March the Duke appeared before the K. Lords where on his knees he denied as untrue the 8 Articles of Treason and the same offered to prove as the King shall appoint The Chief Justice thereupon by the kings command asked this Question of the Lords what advise they would give the King what is to do further in this matter which advise was deferred till Monday then next following whereon nothing was done in that matter On Tuesday the 17 of March the king sent for all the Lords Spiritual and Temporal then being in Town being 24 in all into his Inner Chamber within his Palace of Westminster where when they were all assembled he then sent for the Duke thither who coming into the Kings presence kneeled down and continued kneeling till the Chancellor of England had delivered the kings command to him and demanded of him what he said to the Commons Articles not having put himself upon his Peerage Whereupon the Duke denied all the Articles touching the kings Person and state of the Realm as false and scandalous And so not departing from his said Answers submitted himself to the kings Rule and Governance without putting himself upon his Peerage Where thus the Chancellor told him That as touching the great and horrible crimes contained in the first Bill the king holdeth him neither declared nor charged And as touching the second Bill containing misprisions which are not criminal the king by force of his submission by his own advice and not reporting him to the advice of the Lords nor by way of judgement for he is not in place of judgement putteth you to his Rule and Governance that before the first of May next coming he should absent himself out of the kingdom of England and all other his Dominions in France or elsewhere and that he nor no man for him should shew or wait any malice nor hate to any person of what degree soever of the Commons in the Parliament in no manner of wise for any thing done to him in this Parliament or elsewhere And forthwith Viscount Beaumont in behalf of the said LORDS both spiritual and Temporal and by their advice assent and desire said and declared to the Kings Highness That this that so was decreed and done by his Excellency concerning the person of the said Duke proceeded not by their advice and Counsels but was done by the Kings own demeanoir and rule Wherefore they besought the King that this their saying might be enacted in the Parliament Roll for their more declaration hereafter with this protestation 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 liberty as they or any of their Ancestors and Predecessors had and enjoyed before this time This is the sum of this large Record which makes nothing to the purpose for which Sir Edward Cook cites it in his 4 Institutes p. 25. That it is ERROR when both Houses joyn not in the Judgement For first here is nothing but an impeachment only by the Commons of a Peer who ought to be tryed judged only by his Peers not by Commoners Secondly there was no judgement given in Parliament in this case but only a private Award made by the King out of the Parliament House in his own Chamber in presence of the Lords Thirdly the Lords entred a special protestation against it as not made by their advice or consent Fourthly they enter a special claim in the Parliament Roll for the preservation of their Right and Freedom of Peerage for hereafter both of being tried and judged only by their Peers in Parliament and so an express resolution that the Peers in Parliament are and ought to be Judges especially of Peers not the Commons These Records of these cited at large lest Sir Edward Cooks brief quotation and mis-recital of them should deceive the credulous or ignorant Readers In the Parliament of 31 H. 6. rot Parl. n. 28. Thomas Earl of Devonshire was accused of Treason tried for and acquitted thereof by his Peers before Humfrey Duke of Buckingham Steward of England for the time being And for that the Duke of York thought the loyalty of the said Earl to be touched thereupon the said Earl protesting his Loyalty referred himself to further Trial as a Knight should doe upon which declaration THE LORDS in Parliament acquitted him as a loyal Subject Edward Duke of York with the Earls of March Warwick Salisbury Rutland John Lord Clinton and others were impeached and attainted by Judgement of the Lords in Parliament of High Treason for raising forces and levying war against King Henry the 6. and afterwards attainted by Bill in the Parliament of 38 H. 6. n. 7. to 26. In the Paâ—liamenr of 1 E. 4. n. 17. to 71. The Duke of Exeter Viscount Beamont the Earls of Pembroke Wilts and Devonshire the Lords Nevil Roos Gray Dacre Hungerford and others were first attainted and condemned of High Treason by THE LORDS and after by Bill for levying warr against King Edward the fourth The Duke of Somerset and others in the Parliament of 4 E. 4. n. 28. to 39. and John Vere Earl of Oxford with others in the Parliament of 14 E. 4. n. 34. to 41. were in the same manner for the same offence attainted of High Treason and their Lands forfeited To pretermit all other Attainders of this Nature in cases of High Treason in the reigns of Henry the 8. Edward the 6. Queen Mary Queen Elizabeth and King James both in our English and Irish Parliaments formerly touched p. 196 197 198 199. In the Parliaments of 18 21 Jacobi Sir Francis Bacon Viscount St. Alban Lord Chancellor of England and the Earl of Middlesex Lord Treasurer of England were impeached accused convicted of Bribery Corruption and other misdemeanors removed from their places fined Middlesex 50000 l. imprisoned made uncapable of any Office and thus censured by Iudgement of the Lords house as the Journals of those Parliaments
inform us In the Parliament of 2. Caroli the Duke of Buckingham impeached the Earl of Bristol and the Earl of Bristol impeached this Duke before the Lords in sundry Articles for divers misdemeanours touching the Spanish match King Prince to seduce him in his religion praying judgment of the Lords thereupon against each other In the Parliament of 3. Caroli the Duke of Buckingham was accused and Impeached by the Commons before the Lords for sundry high Misdemeanors and the Parliament thereupon dissolved to prevent his censure In this very Parliament of King Charls now sitting Thomas Earl of Strafford was accused and impeached by the House of Commons of High Treason and other misdemeanors comprised in sundry Articles which they transmitted â—o the House of Lords desiring that he might be put to answer them and such proceedings examination trial and judgement thereupon had and given against him by the Lords as is agreeable to Law and Justice Hereupon he was openly tried in Westminster Hall before the House of Lords there sitting as his Judges where the House of Commons prosecuted and gave in Evidence against him sundry dayes and in conclusion demanded the Lords to give Iudgement against him in the Iudicial way After which they proceeded against him by way of Bill not to decline their Lordships Iustice in a Iudicial way but to husband time by preventing some doubts and as the speediest and soonest way Upon the passing of which Bill he was beheaded and executed as a Traytor On the 26 of February 1640. William Laud Archbishop of Canterbury was accused and impeached of High Treason by the House of Commons of 14. Articles then transmitted by them to the House of Lord The first whereof was this That he had trayterously endeavoured to subvert the fundamental Laws and Government of the Realm and instead thereof to introduce an Arbitrary and Tyrannical Government against Law And the last of them this That he had laboured to subvert the rights of Parliament and the ancient Course of Parliamentary proceeding which the New-modellers of our Parliaments more guilty hereof by many degrees than he may do well to consider Upon which they prayed from the Lords such proceedings examination trial and Iudgement against him as is agreeable to Law and Justice Upon these Articles he was brought to a publike Trial in the Lords House the 12. of March 1643. and after 17. whole dayes spent in his meer Trial and proof of the Charge against him and his defence thereto morning and evening and several other dayes spent in the hearing of him and his Council and the Commons Reply touching his Charge and the matters of Law whether the Charge prâ— against him amounted to High Treason the Lords upon most mature deliberation voted him Guilty of all the Articles and matters of fact charged against him and also of High Treason and thereupon passed an Ordinance for his Attainder by vertue whereof he was beheaded as a Traytor on Tower-Hill January 10. 1644. To these I might add the seveeal Articles of Impeachment transmitted by the House of Commons this Parliament to the Lords against Matthew Wren Bishop of Norwich the 20. of July 1641. against William Pierce Bishop of Bath and Wells and against the Bishops of Winchester Coventry and Litchfield Glocester Chichester Exeter St. Asaph Hereford Ely Bangor Bristol Rochester Peterborough and Landaffe August 4. 1641. requiring such proceedings from the Lords against them as to Law and Justice shall appertain All which are a superabundant impregnable Evidence of the Lords inherent Judicial power and right of Judicature in our English Parliaments even by the Commons House own Impeachments and acknowledgements against the Levellers pretences to the contrary By all these forecited presidents it is most apparent 1. That the King and Lords in our Parliaments in all ages both before and since the Commons admission to sit and vote in Parliaments have been the sole Judges of Ecclesiastical Peers and Lords in all criminal cases without the Commons 2ly That the Lords and Peers of the Realm except only in case of appealâ— both in and out of Parliament are triable only by their Peers And therefore the Trial condemnation and execution of any of them by Marshal Law or now misnamed High Courts of Justice by Commoners and others who are not their Peers is most illegal unjust and nought else but murther as the Parliaments of 1 H. 4. rot Parl. n. 45. of 1 E. 4. rot Parl. n. 18. resolve and as it was adjudged in the case of Thomas Earl of Lancaster Paâ—ch 39 E. 3. Coram Rege Rot. 92. Wiâ— Cooks 3. Institutes p. 52 53. Secondly The next and main question now conâ—roverted will be Whether the King House of Peers have any lawfull or sole power of Judicature in and over the persons of the Commons of England as well as over Peers in criminal causes misdemeanours offences or breaches of their Parliamentary privileges so farr as to fine imprison censure judge or condemn them in any kind without the House of Commons concurrent vote or judicature This the ignorant sottish Levellers Sectaries seduced by their blind guides John Lilburn and Overton peremptorily deny the contrary whereof I shall here infallibly make good to their perpetual shame and refutation by unanswerable Reasons and presidents in all ages 1. I have already manifested That the Parliament being the supremest Court of Judicature in the Realm must consequently have a lawfull Jurisdiction over all persons and members of the Realm whether Spiritual or Temporal Lords or Commons in all criminal and civil Causes proper for Parliaments to judge or punish That this power of judicature was originally and primitively vested in the King and Lords alone before there were any Knights Citizens Burgesses or Commons summoned to our Parliaments as is evident by the antient writers Glanvil Bracton Fleta Horn the Parliament of Clarindon Anno. 1164. and other forecited authorities and never transferred by them to the House of Commons upon or after their admission into our Parliaments but remaining intirely in the King and Lords as at first as the whole House of Commons acknowledge upon record 1 H. 4. rot parl n. 79. Therefore they may lawfully exercise this their judicial power and jurisdiction over the Commoners of England in all such causes now and hereafter and that of right as this record resolves they may do in positive terms 2ly Our Histories Law-books and Records agree that in ancient times our Earls who were called Comites or Counts from the word County had the chief Government and Rule of most of the Counties of this Realm under our King and that they and the Barons were the proper Judges of the Common people both in criminal and civil Causes in the Tourns County-Courts even by vertue of their Dignities and Offices as our Sheriffs are now in which Courts they did instruct the people in the Laws of the Land and administer Justice
shall prove by most clear and infallible evidences and presidents as well antient as modern Our Noble King Alfred as he ordained for the good estate of the Realm that the Earls and Noble thereof by a perpetual custom should twice every year or oftner in times of Peace assemble together in Parliament at London to govern the people of England and keep them from sinne as Andr. Horn informs us in his Mirrour of Justices c. 1. p. 10. So the same Author records c. 5. p. 296 297 c. That this royal Justiciary who took a short account each year of all his Judges proceedings in his Parliaments condemned and hanged up in one year about An. 890 as I conjecture no lesse than 44 of his Judges and Justices as Murderers for executing his Subjects and putting them to death against Law without any legal cause or sufficient evidence or tryal by a Jury of their Peers and imprisoned fined punished others of them in the self same kind as they had injuriously imprisoned fined and punished his Subjects against Law and that no doubt by the advise and assent of his Nobles in Parliament upon complaint of their injustice and corruption the proper Court for punishment of such Offenders whose names and causes recorded at large by this Author shew them to be all Commoners and no Peers of the Realm Anno 1096. William de Anco and William de Alderi were hanged for Treason against William Rufus by judgment of the Lords in a Parliament at Salisbury King Henry the 2. Anno 1166. holding a Council at Oxfâ—quidam pravi dogmatis seminatores tracti sunt IN JUDICIUM praesente Rege et Episcopis Regni quos à fide Catholica devios et in examine superatos facies cauteriata notabiles cunctis exposuit qui expulsi sunt à regno These Hereticks thus branded in the face and banished the Realm by the judgement of the King and this Council ae Nubrigensis informs us were above 30. men and women who came out of Germany into England under one Gerard their Captain stiled Publicans who went about the Country to spread their errors but at last being detected they were apprehended and cast into prison and then brought before the King and a Council of his Bishops where being convicted of Heresie they were adjudged by the K. to be publikely whipped branded in the face and then banished the Realm Hujus severitatis pius rigor non peste illa quae jam irrepserat Angliae regnum purgavit verum etiam ne ulterius irreperet incusso haereticis terrore praecavit as Nubrigensis observes In the year 1224. the 8. of King Henry the 3. his reign the King requiring a restitution and resumption of his Castles and Lords detained from him by some Nobles and others who at last for fear of the Bishops excommunication against such as detained them and disturbed the peace of the Realm and also of the Kings power and justice much against their wills reddiderunt singuli Castella et municipia et honores et custodias Regi quae ad coronam spectare videbantur Thereupon Falcatius de Breut a Norman born a Soldier under King John in the Barons wars trusting on the Kings and other great mens favors fortified the Castle of Bedford situated on another mans ground and presuming on his friends and his own military power and wealth gained in the wars he feared not violently and unjustly to take away the Freeholds lands and possessions of divers of his neighbours and more epecially he disseised 52. Freemen in the Manor of Luiton of their Freeholds and Tenements without judgement and appropriated their Common pastures to himself Whereof complaint bing afterwards made to King Henry the 3. Anno 1224. the King assigned Martin de Pateshulle Thomas de Multon Henry de Braibroc and certain other Justices to take the recognition of the parties complaining of these disseisins by an Assise of Novel disseisin and to do them Justice Who having received their recognitions according to custom the said Falcatius was condemned to pay them costs and damages for the spoils done in the said Tenements to which the Plaintifs were judicially restored Which Falcatius taking very impatiently being likewise amerced one hundred pounds to the King for every of the said Tenements for his forcible entry into them he in a great fury commanded his Garison souldiers in the Castle of Bedford to march armed to Dunstaple where the Justices Itinerant sate and gave judgement against him and to take and bind them in chains and carry them to Bedford Castle and there detain them close prisoners in the Dungeon The Justices having notice thereof fled thence with all speed some one way some another but Henry de Braibroc flying was at unwares taken by the Souldiers who used him very inhumanly then carryed him prisoner to Bedford Castle and there kept him prisoner King Henry at that time was at Northampton where he held a Parliamentary Council Cum Archiepiscopis Episcopis Comitibus Baronibus et aliis multis de regni negotiis tractaturi voluit erim Rex uti consilio MAGNATUM SUORUM de terris transmarinis quas Rex Francorum paulatim occupaverat but it hapned otherwise than he hoped For the rumor of this act of Falcatius being divulged the wife of the said Henry Braibroc came to the King at Northampton et audiente univerâ—o Concilio de viro suo cum lachrymis querulans deposuit Quod Rex factum minus indigne ferens quaesi vit Consilium a Clero simul et Populo to wit the Spiritual and Temporal Lords Clerus Regni Populus when single being frequently used for the Lords Spiritual and Temporal both in Matthew Paris Hoveden Bromton and others not for the inferiour Clergy and Commons house not then in being as some Antiquaries mistake quid sibi super tanta injuria foret agendum At omnes una voce concilium Regi dederunt quatenus sine mora et omnibus aliis praetermissis negotiis in manâ— valida et armata ad Castrum praedictum procedens tantam temeritatem studeat vindicare Cumque Domino Regi placuisset SENTENTIA ipso jubente omnes ad arma quam citius convolantes ad castellum praedictum de Bedeford tam Clorus quam Populus pervenerunt The whole Parliament marching in person to execute this their Sentence upon these transcendent military Malefactors Hereupon the King sending Messengers to the Commanders of the Castle required entrance to be given to him and commanded Henry Braibroc his Justice to be rendered But William de Brent Brother of Falcatius and the rest within it answered the Messengers that they would not render the Castle nor Justice unless they had a command from their Lord Falcatius and especially for this reason quod Regi de Homagio vel fidelitate non tenebantur astricti With which answer the King being much incensed commanded the Castle to be presently encompassed with military
dominum nostrum jam elapso irae tempore haec innotuisse Praeterea si aliquid â—iolentiae ipsi Henrico intuleritis ecce Episcopus Londinonsis qui spiritualem et alii amici ejus militares qui vindictam exercebunt materialem et sic in magna parte cessavit Extunc igitur procurante efficaciter Comite Richardo et Episcopâ— memorato mitius actum est cum eo Dictum enim est domino Regi secretius quod mirum est quod aliquis ei curat servire cum eis post ministerium etiam mortem nititur inferre Promissa igitur quadam pecuniae summa a mortis discrimine recessit liberatus After which he paying to the King 2000 marks for a fine and being reconciled to the King ad Curiam est reversus immemor laqueorum quos evaserat Here we have 1. A corrupt Judge accused of bribery by others and by the King of rebellion and sedition and that before the Lords in Parliament 2ly A Proclamation for all that were grieved to complain against him 3ly A rash unjust sentence given against him by the King himself for any man that would to kill him with impunity 4ly the Lords opposition and contradiction of this sentence and its execution as unjust and dangerous 5ly A remission of his sentence by the Lords mediation and a fine imposed and paid to the King for his offences In the 49 year of King Henry the 3. at the Parliament held at Winchester divers Commoners as well as Lords were attainted and condemned of High Treason for levying war against the King their persons imprisoned their lands and goods confiscated and the liberties of the City of London forfeited by judgement of the Lords Anno â—290 King Edward the 1. held a Parliament at London at which time Rex auditis multorum queremoniâ—â— fere Justiciarios omnes de falsitate deprehensos a suo Officio deposuit puniens eos juxta demerita grâ—vi mâ—a by the advice of his Lords in Parliament It appears by the Clause Roll of 5 E. 2. m. 22. dorso and Rot. Finium 5 E. 2. m. 11. in Schedula that in a Parliament held at Stamford 3 E. 2. the Commons of England exhibited sundry Articles of complaint to the King Amongst others that they were not used as they ought to be by THE GREAT CHARTER in taking Prises and Purveyances without mony c. That the King by his Ministers took ijs of every Tun of wine and ijs a cloth from Merchants aliens and 3 d. pur aver de poys to the damage of his people and hinderance of trade which new Impositions being against Law the King promised to redress for the future and to content himself with the Prises and Customs antiently due They likewise complained of the abuses oppressions and extravagances of Purveyors Constables of Castles and Escheators and abuses of Protections and Pardons granted by the King to Murderers and other Malefactors to their incouragement whereto redress was promised In their 6. Article they complained That the Knights Citizens and Burgesses of Parliament came up with divers Petitions for matters not remediable at the Common Law and could not finde to whom to deliver them Whereunto was answered The King willed that in his Parliaments for time to come certain persons should be appointed to receive Petitions and that they should be delivered TO HIS COUNCIL as was used in the time of his Father and examined and answered by him with their advice Whence we find in all our Parliament Rolls ever since in the beginning of every Parliament certain persons nominated by the King and Lords being Members or Assistants of the Lords house to receive the several Petitions of England Ireland Scotland Gascoigne Iersey Gernsey Alderney and other Isles and other persons of the LORDS House appointed to trie examin and answer them in the Kings name and behalf as he by their advice shall think meet and sundry Petitions of Grievances of all kinds presented to them and answered accordingly by the King and Lords in every Parliament as well by the whole house of Commons as by particular Counties Cities Corporations and private Persons a most clear Evidence that the King and Lords are the sole Judges of all criminal and civil causes and Grievances of the Commons in Parliament since they thus constantly petition them for redress and that the Commoners are only Petitioners not Judges as the Parliament roll of 1 H. 4. n. 79. resolves in direct terms Claus 8 E. 2. m. 7. dors The Chaplains of the House of Converts exhibited a Petition in Parliament against Adam de Osgodby the Keeper thereof for putting them out of their lodgings and placing his Clerks therein they being founded by King H. 3. to pray and sing Masses for his and his ancestors Souls and not to lodge the Clerks of the Chancery Upon consideration of the Petition by the Lords and Councel in Parliament it was referred to the Chancellor to examin and determine tanquam principali Custodi omnium Hospitalium et Domorum de eleemosyna Domini Regis fundatorum ut ipfe inde faceret quod de jure esset faciendum He sends a Commission to the House to inquire the truth of the complaint and finds the Complaint unjust and that the Keeper of the House was falsly charged and that especially by William de Okelines being one of the Chaplins Whereupon consideratum est per Cancellarium quod Willielmus idem nihil haberet de contentis in petitione sua praedicta sed quod committeretur ad custodiam suam pro falsâ— querela sua castigandus juxta discretionem dicti custodis Pasch 8 E. 2. Norfolk The Archdeacon of Norfolk was accused for citing the Countess of Warren being the Kings Neece and divorced from her husband to the damage of the King 2000 l. and it was adjudged by the Lords in Parliament against the Archdeacon quod nec citatio nec summonitio fieri debet versus eot qui sunt de sanguine Regis quia illis Major reverentia debita est and therefore he was fined About the year 1316. when the Northumberland Soldiers like some in this age raised against the Scots de tyronâ—bus facti sunt Tyranni de defensoribus destructores de propugnatoribus proditores c. one John Tanner said openly that he was heir of England Therefore at Northampton before the King and Lords he was proved false and hanged and drawn See more of him in Fabians Chronicle part 7. Anno 1314. p. 169. who relates that he reported he was son to King Edward the 1. but was stoln out of his cradle by a false nurse and Edward who was anothers son laid in the cradle for him and that he had a Fiend in form of a Câ—t whom he served 3. years which assured him he should be King of England In the Parliament of 18. E. 1. the Prior of Trinity in London and Bago de Clare were attached brought into the Parliament there
against Judge Thorp should be brought into the Parliament and there read openly BEFORE THE LORDS to have every of their advice concerning it whether this Iudgement were legal or not et nullo contradicente all the Lords affirmed the judgement to be legal and good considering that he against his Oath received Bribes And therefore it was agreed by all the Lords that if the like case should hereafter happen the King might take to him such Nobles as he should think meet and therein do according to his pleasure Provided this judgement should not be drawn into example against any other Officers who should break their Oaths but only against those qui praedictum Sacramentum fecerunt of Justices et fregerunt et habent leges Regales Angl. ad custod Here the Lords were sole Judges of the Judge who was a Commoner and gave judgement against him without the Commons yea declare the Law in this new case both in and out of Parliament In the Parliament of 21 E. 3. n. 68. The Commons by divers Bills complained to the Lords of divers extortions grievances prejudices done to the King and Commons by John Wattenham and Walter de Cheriton Merchants who desired the King would command them to come before THE COUNCIL LORDS in Parliament to answer what should be objected and clear themselves In the Parliament of 50 E. 3. n. 17 18 19 20. The Commons accused Richard Lyons Merchant of London of divers deceits extortions and misdemeanors whiles he was farmer of the Customs and last subsidy for transporting wools and staple Commodities procuring new Impositions on staple ware for buying debts from the Kings Creditors at under rates and making the King to pay the whole for taking of bribes and defrauding the King To some of which charges he answered and to the rest submitted himself to the King touching Body Lands and Goods Whereupon THE LORDS adjudged him to prison during the Kings will that his lands tenements and goods should be seised to the Kings use that Commissions should issue throughout all England to inquire of his Extortions whiles farmer of the subsidies and that he should be disfranchised Upon this Judgement in the Fine Roll of 50 E. 3. m. 19 21 22. there issued out writs for the arresting and selling the goods of Richard Lyons to the Kings use which were his on the 19 of March certis de causis coram Nobis et Concilio nostro in praesenti Parliamento nostro propositis c. per Concilium in Parliamento The same Parliament 50 E. 3. n. 31 32. William Ellis of great Yarmouth was accused by the Commons of sundry extortions whiles he was Deputy Farmer of the kings subsidie to Richard Lyons To which he seemed sufficiently to answet yet was BY THE LORDS adjudged to prison and to make a fine at the Kings pleasure Ibidem Num. 33. Iohn Peach of London was impeached by the Commons for procuring a license under the Great Seal that he only might sell sweet wines in London by colour whereof he took 4 s. 4 d. of every man for every Tun thereof sold which he justified he lawfully might doe Notwithstanding JUDGEMENT was given against him by THE LORDS that he should be committed during the Kings pleasure and make recompense to all parties grieved Num 37. Adam de Bury was accused of divers deceits and wrongs done by him whiles Mayor of Callice and Captain of Bellingham Being sent for to come to the Parliament he came not nor could he be found Thereupon the Lords agreed that all his goods and chattels should be arrested and so they were All these Commons were first impeached by the Commons and thus judged and censured by THE LORDS in this GOOD PARLIAMENT as Historians and others stile it And in the Commons petitions therein there are divers Petitions of Grievances from sundry Counties Towns persons complaining of wrongs and grievances presented to the King and Lords for redresse of oppressions extortions Monolies c. In the Parliament of 1 R. 2. n. 41 42 43. Dame Alice Pâ—etrees was brought before THE LORDS by Sir Richard Scroop Knight and there charged for pursuing matters at the Court contrary to an Order made in the Parliament of 50 E. 3. n. 35. and procuring King Edward to restore Richard Lyons to his lands and goods c. she denied she pursued any such thing for singular gain against that Ordinance whereupon diverse Officers Counsellers and Secretaries of king Edward 3. were examined against her who proved she made such pursutes and that for private gain in their conceits Whereupon the Lords alone without the Commons gave Iudgement against her that she should be banished according to the order aforesaid and forfeit all her Lands Goods and Tenements to the King The same Parliament 1 R 2. n. 32 33. The Lords committed William Fitz-Hugh Goldfiner and Citizen of London to the Tower for refusing to averr a Petition exhibited by him in the name of the poor Commonalty of that mystery complaining against John Chichester and John Bolcham of the same mystery of divers oppressions done by them to the said Commonalty In this very Parliament of 1 R. 2. n. 38 39 40. The Commons prayed that all those Captains who had rendred or lost Castles or Towns through default might be put to answer it in this Parliament and severely punished according to their deserts BY AWARD or Judgement OF THE LORDS and BARONS to eschew the evil examples they had given to other Governors of Towns and Castles Whereupon Sir Alexander de Buxton Constable of the Tower was commanded to bring BEFORE THE LORDS IN PARLIAMENT William de Weston and Lord of Gomynes both of them Commoners on Friday the 27 of November to answer such Articles as should be surmised against them on the Kings behalf Being brought BEFORE THE LORDS in full Parliament they were severally articled against at the command of THE LORDS by Sir Richard le Scrop Knight Steward of the Kings House and their several Articles and answers to them in writing read before THE LORDS Which done the Constable was commanded to bring them again before THE LORDS on Saturday next ensuing being the 20 of November on which day it was shewed unto them severally by the said Steward by THE LORDS COMMAND That THE LORDS OF THE PARLIAMENT whose names are particularly mentioned in the Roll had met together and considered of their respective answers and that IT SEEMED TO THE LORDS AFORESAID that the said William had delivered up the Castle of Onâ—herwycke to the Kings enemies without any duress or want of victuals contrary to his allegiance and undertaking safely to keep it and therefore the Lords above-named sitting in full Parliament adjudge you to death that you shall be drawn hanged But because our Lord the King is not informed of the manner of the Judgement the execution of it shall be respited till the king be thereof informed After which Judgement given
every temporal Lord being in full Parliament examined touching the answer of the said Sir William and the matters and evidences which they had examined said severally that the said William had done his message well and legally and that in the person of the said William there was no fault nor evil touching the said message nor any thing that he did to the person of the said Duke Whereupon Walter Clapton Chief Justice of the Kings Bench by command of the king adjudged and declared that the said William should be fully excused and acquitted for ever in time to come touching this matter 3ly The last day of this Parliament it was agreed by the King and Lords that all the remembrances called Raggemans or Blantâ—es Charters lately sealed in the City of London and divers Counties Cities and Burroughs of England should be sent to the City of London and from every County City and Burrough from whence they came and Writs sent to every of them rehearsing That the king held all the resiants and Inhabitants in them for his good and loyal Subjects and that no confession by them made comprised in the said remembrances are nor shall be in derogation of the estate of any such person and that the same remembrances shall be burnt and destroyed in the most open place of the said Counties Cities and Burroughs and if any thing remain of record in any Court or place the king wills that it shall be cancelled and totally adnulled revoked and repealed and held for no record and of no force nor value for time to come 4ly The 19th of November in the said Parliament Placita Coronae coram Domino Rege in Parliamento suo c. Anno regni Regis Henrici quarti post Conquestum primo n. 17. The Commons prayed she King that rhe pursute arrest and judgements made against Sir William le Scropâ— knight Henry Green knight and John Bassy knight might be affirmed and held good Whereupon Sir Richard Scroop humbly prayed the King that nothing which should be done in this Parliament might turn to his or his Childrens dis-inherison Of which Sir Richard it was demanded whether the said pursute arrest and judgements were good or not who answered that he feared not to say and must confesse that when they were made thâ—y were good and profitable for the King and Realm and that his Son was one of them for which he was very sorrowfull Whereupon the king rehearsed that he claimed the Realm and Crown of England with all their members and appurietenances as heir of the bloud by the right line of king Henry the 3d. and although through the right which God had sent him by the aid of his Parents and friends he recovered the said Realm which was at the point to be undone by default of government and defesance of the Laws and customs of the Realm yet it was not his will that any should think that by way of Conquest he would disinherit any man of his heritage franchise or other right which he ought to have nor out any man of that which he had or should have by the good Laws or Customs of the Realm except these who had been against the good purpose and common profit of the Realm of which only the King held the said Sir William Henry and John for such and guilty of all the evil which had come upon the Realm and therefore he would have and hold all the Lands and Tenements they had within the Realm of England or elsewhere by conquest Whereupon fuist demande de touts les Seigniors temporellez lour advys de les pursuite arreste juggem 〈◊〉 suiâ—diâ—z Les queux Seigniors touz de â—ne accorde disorent que mesmes les pursuite arreste juggement quinâ—que fuist fait come defuist dit uist bons et les affirmente Piur bons et profitables 5ly In the case of John Hall 1 H. 4. Placita Coronae n. 11 to 17. who being in custody of the Marshal of Englana was brought by him before the Lords in Parliament and there charged before them by Walter Clapton Lord Chief Justice by the King command with having a hand in the murther of the Duke of Glocester who was smothered to death with a Featherbed at Calues by king Richard the seconds command the whole transaction whereof he confessed at large and put in writing before James Billingford Clerk of the Crown which was read before the Lords upon reading thereof the King and all the temporal Lords in Parliament resolved that the said John Hall by his own confession deserved to have as hard a death as they could adjudge him to because the Duke of Glocester was so high a Person and thereupon toutes les Seigneiors temporelz per assent du Roy adjuggerent all the temporal Lords by assent of the King ADJVDGED that the said Jo. Hall should be drawn from Tower hill unto the Gallows at Tiburn and there bowelled and his bowels laid before him and after he should be hanged beheaded and quartered and his head sent to Calice where the murther was committed and his quarters sent to other places where the king should please and thereupon command was given to the Marshal of England to make execution accordingly and it was so done the same day Lo here the Lords in Parliament gave judgement against a Commoner in case of a murther done at Calice and so not â—riable in the Kings Bench but in Parliament and passe a Judgement of High Treason on him for murthering of a great Peer only In the Parliament of 2 H. 4. rot Parl. n. 23 24. The Commons shewed to the King that William Bagot had been impeached of many horrible deeds and misprisions the which if they had been true the Commons supposed the the King aad ths Lords would have had good notice thereof for that they had made many examinations thereof whiles the said William was in distress And therefore the said Commons prayed the King that the said Sir William being in Flanders and no offence found in his person upon the slanders in his impeachment aforesaid that he would be pleased to restore him to his lands To which prayer was answered in the Kings behalf that although the said Sir William upon the said impeachment made the last Parliament was put to his answer before the King and the Lords and there pleaded a general Charter of pardon against which Charter it seemed to all the Lords then present that the said Sir William ought not to be impeached nor put to answer by the King on his part for that the said Sir William was not attainted of any impeachment suggested against him and that the King had done him justice in this behalf therefore he would in the same manner doe him justice in the residue at the Commons request A most full proof of the Kings and Lords judicial power in Parliaments even in case of a Commoner The same Parliament 2. H. 4. num 29. William
Sautre being condemned of Heresie in the Convocation by Archbishop Arundel and the Clergy thereupon by order and advice of the Temporal Lords without the Prelates who must not have their hands in blood though they gave the Sentence that he should be burned or the Commons there issued out a Writ to the Sherifs of London for the burning of Sautre as an Heretick accordingly burnt thereon being the first writ of this Nature issued by the Lords alone in the Kings name before the Statute of Heresie was made and passed in this Parliament In the same Parliament of 2 H. 4. n. 30. The Temporal Lords by assent of the King adjudged and declared Sir Ralph Lumly Knight and others Traytors for levying war in sundry parts to destroy the K. his people and that they should forfeit all their lands in fee goods and chattels though they were slain in the field not arraigned nor indicted by reason thereof In the Parliament of 4 H. 4. n. 19 20 21. Sir Philip Courtney being complained against and convicted of a forcible entry into Lands and for a forcible imprisonment of the Abbot of Mâ—nthaem in Devonshire and two of his Monks was upon hearing and examination adjudged by the King and Lords to be bound to his good behaviour and for his contempt committed to the Tower of London prisoner Anno 1403. Henry Percy the younger confederating with Thomas Percy Earl of Worcester to raise forces â—nd rebel against the King sent Letters to the people of every County propositum quod assumpserant non esse contra suam ligeantiam et fidelit tem quam regi fecerant nec ab aliunde exercitum congregasse nisi pro salvatione personarum suarum reipublicae meliori guvernatione Quia census et Tallagia Regi concessa pro salva regni custodia covertebantur ut dixerunt in usus indebitos et inutiliter consumebantur praeterea querebantur quod propter aemulorum dilationes pessimas rex eis insensus fuerat ut non auderent personaliter venire ad ejus praesentiaem donec Praelati regnique Barones regi supplicassent pro eisdem ut coram Rege permitterentur declarare suam innocentiam per Pares suos legaliter justificari Plures igitur visis his literis collaudabant tantum virorum solertiam extollebant fidem quam erga Rempublicam praetendebant Having raised great forces against the King by this means which the kings forces encountred at Shrewsbury in a pitched battel Henry Percy and sundry of his adherents were there slain in the field and the rest routed For which levying of war in the Parliament of of 5 H. 4. n. 15. the said Henry Percy and his Coâ—federaâ—es were declared and adjudged Traytors by the King and Lords in full Parliament and their Lands goods and chaâ—tels confiscated In the same Parliament n. 18. At the Petition of the Commons The Lords â—enâ—ed and ordered that the Kings Confessor the Abbot of Dore Mr Richard Durham and Crosby of the Chamber should be removed out of the Kings house and Court whereupon 3. of them appearing before the King and Lords in Parliament the King though he excused them yet charged them to depart from his house for that they were hated of the people In the Parliament of 13 H. 4. n. 12 13. The Lord Roos complained against Robert Thirwit one of the Justices of the Kings Bench for withholding from him and his Tenants Common of Pasture and Turbâ—ry in Warbie in Lincolnshire and lying in wait with 500 men for the Lord Roos Thirwit before the King and Lords confessed his fault and submitted himself to their Order who appointed 3. Lords to end the difference who made an award between them that Thirwit shouâ—d confess his fault to the Lord Roos crave his pardon and tender him amends In the Parliament of 5 H. 5. n. 11. Sir John Oldcastle knight being outlawed of Treason in the Kings bench and excommunicated before the Archbishop of Canterbury for Heresie was brought before THE LORDS and having heard his conviction made no answer nor excuse thereto Upon which Record and Process THE LORDS ADJUDGED that he should be taken as a Traytor to the King and Realm carried to the Tower of London from thence drawn through the City to the new Gallows in St. Gyles without Temple-barr and there hanged and burned hanging which was accordingly executed Sir Iohn Mortymer knight being committed to the Tower upon supposition of Treason done against King Henry the 5. in the 1. year of H. 6. brake out of the Tower for which breach he was indicted of Treason being afterwards apprehended he was brought into the Parliament of 2 H. 6. n. 18. and upon the same Indictment then confirmed by assent of Parliament JUDGEMENT was given against him BY THE LORDS that he should be carried to the Tower drawn through London to Tiburn there to be hanged drawn and quartered his head to be set on London-bridge and his four quarters on the four Gates of London In the Parliament of 38 H. 6. n. 20 2â— 22. Sir William Oldham knight and Thomas Vaughan Esquire were attainted of Treason by the LORDS and in the Parliaments of 1 E. 4. n. 19. to 31. 4 E. 4. n. 28. to 38. â—4 E. 4. n. 34. to 40. sundry Knights Esquires Citizens and Commoners are attainted of Treason by the Lords for levying warr and holding forts against the King then after by Bill whose names are overtedious to reherse which you may peruse at leisure in the Exact Abridgement of the Records in the Tower To omit all other presidents of this Nature in the reigns of King H. 7.8 Ed. 6. Qu. Mary and Qu. Elizabeth of Commoners censured in and by the Lords house in Criminal causes upon impeachments complaints petitions which those who please may find recorded in the Journals of the Lords house I shall recite only some few Presidents more of late and present times In the Parliaments of 18. 21 Iacobi Sir Giles Mompesson and Sir Iohn Michel upon complaints and impeachments by the Commons for promoting Monopoliâ—s Corruption and other Misdemeanors were fined imprisoned by Judgement of the Lords House and Sir Giles degraded of his knighthood In the Parliament of 3. Carolâ— the Commons impeached Roger Manwaring Dr. of Divinity for preaching and printing Seditious and dangerous Sermons and sent up this Declaration against him to the Lords June 14. 1628. For the more effectual prevention of the apparent ruine and destruction of this kingdom which must necessarily ensue if the good and fundamental Laws and customs therein established should be brought into contempt and violated and that form of government thereby altered by which it hath been so long maintained in peace and happiness And to the honour of our Soveraign Lord the King and for the preservation of his Crown and Dignity the Commons in this present Parliament assembled do by this their Bill shew and
but by Bill The 8th President that may be objected is this Adam de Arleton or Tarlton Bishop of Hereford in a Parliament held at London Anno 1322. was apprehended by the Kings Officers and brought to the Bar to be arraigned for Treason and Rebellion in aiding the Mortimers and others in their wars with men and arms where having nothing to say for himself in defence of the crimes objected and standing mute for a space at last he flatly told the King That he was a Minister and Member of the Church of Christ and a consecrated Bishop though unworthy therefore I neither can nor ought to answer to such high matters without the consent of my Lord Archbishop of Canterbury my direct Judge next after the Pope and of the other Fathers the Bishops my PEERS At which saying the Archbishops and Bishops there present rose up and interceded to the King for their Colleague and when the King would not be intreated they all challenged the Bishop as a Member of the Church exempt from the Kings Justice and all secular judicature The King forced thereunto by their claimors delivered him to the Archbishops custody to answer elsewhere for these crimes Within few days after being apprehended again and brought to answer before the Kings royal Tribunal in the Kings Bench at Westminster for his Treasons the Archbishops of Canterbury York and Dublin hearing of Tarltons arraignment came with their Crosier staves carried before them accompanied with 10 Bishops more and a great company of men entred into the Court and by open violence rescued and took away the Bishop from the Bar before any answer made to his charge chasing away the Kings Officers and proclaiming openly That no man should lay violent hands on this Trayterly Bishop upon pain of excommunication and so departed The King exceedingly incensed at this High affront to Justice and himself commanded an Inquest to be impanelled and a lawfull inquiry to be made of the Treasons committed by the Bishop in his absence being thus rescued from Justice The Jury without fear of the King or any hatred of the Bishop found the Bishop guilty of all the Articles of Treason and Rebellion whereof he was indicted Whereupon the King banished the Bishop seised all his temporalties lands and goods But yet notwithstanding the Bishop by consent of all the Prelates was by strong hand kept in the Archbishops custody till he had reconciled him to the King After which by way of revenge he was a principal instrument of the Kings deposing and murther which having effected in the Parliament of 1 E. 3. 6. this Bishop petitions that the Indictment and Iudgement against him and the proceedings therein might be brought into Parliament and there nulled as erronious which was done accordingly Et quia recitatis et examinatis coram nobis et consilio nosâ—ro recordo et processu praedictis Et etiam coram Praelatis Comitibus Baronibus Magnatibus tota communitate regni nostri praesenti Parliamento nostro praesentibus compertum fuit quod in eisdem recordo et processu errores manifesti intervenerunt per assensum totius Parliamenti adnullatur and so he had restitution I answer that as this rescue of proceeding and judgement against this trayterous Bishop were singular So is this repeal and reversal of it as erronious before and by all the Commons and whole Parliament as well as King Prelates and Nobles and that no doubt at the special instance of this and all the other Bishops highly concerned in this cause Wherefore this one Swallow makes no Summer and proves no judicial authority joyntly with the King and Lords since they never joyned with them before nor since in reversing of any such error upon Judgement in the Kings Bench but only where an erronious Attainder by Bill in one Parliament was reversed by Bill in another The 9th is the Clause of King Edward the thirds Letter to the Pope in the 4th year of his reign already answered p. 274. The 10th is Sir John at Lees case 42 E. 3. n. 20. said to be ADJVDGED by the Lords and COMMONS I answer this Case is somewhat mâ—staken For the Record only mentions That the 21 day of May the King gave thanks to the Lords and Commons for their coming and aid granted on which day all the Lords and sundry of the Commons dined with the King After which dinner Sir Iohn at Lee was brought before the King LORDS COMMONS next aforesaid who dined with the King to answer certain objections made against him by William Latymer about the wardship of Robert Latymer that Sir John being of power had sent for him to London where by duresse of Imprisonment he inforced the said William to surrender his estate unto him which done some other Articles were objected against the said Sir John of which for that he could not sufficiently purge himself HE was committed to the Tower of London there to remain til he had made fine and ransom at the Kings pleasure and command given to the Constable of the Tower to keep him accordingly And then the said Lords and Commons departed After which he was brought before the Kings Councel at Westminster which COUNCEL ORDERED the said ward to be reseised into the Kings hands So as this record proves not that this judgment was given in the Parliament house nor that the Lords and Commons adjudged Sir Iohn but rather the King and his Councel in the presence of the Lords and Commons after the Parliament ended The 11 12 13. Are the cases of the Lord Latymer Lord Nevil and Richard Lyons forecited Here p. 283 284 350. which are nothing to purpose the Lords alone giving judgement in them without the Commons who did only impeach them and the King removing the Lord Latymer from his Council at their further request So that these 3. cases refute their opinions who object them The 14. is the Case of Weston and Gomines 1 R. 2. n. 38 39. In which the Lords alone gave the Judgement as I have proved p. 332 333 Therefore pointblank against the Objectors The 15. president is that of Iohn Kirby and Iohn Algar two Citizens of London in the Parliament of 3 R. 2. n. 18. who conceiving malice against John Imperial an Ambassador sent hither from the State of Genoa who had procured a Monopoly to furnish England with all such wares as come from the Levant keeping his staple at Southampton killed him in London upon a sudden quarrel picked with him for which they being committed this being a new and difficult case and the Judges being in doubt whether it were Treason or no it was thereupon propounded in Parliament according to the Statute of 25 E. 3. c. 2. like that of 25 E. 3. Parl. 2. of those who are born beyond the Seas 14 E. 3. c. 5. 13 E. 1. c. 24.32 E. 1. rot 17. 22. Claus 46 H. 3. n. 3. Claus 14
presidents are but few never judicially argued and rather connived at than approved by the King and Lords taken up with other more publike businesses therefore passing sub silentio they can make no Law rule or right as is resolved in Long. 5 E. 4. f. 110. Cooks 4. Reports f. 93 94. Slades case 6 Report f. 75. Druries case 5ly There are many express antient Presidents Statutes Judgements in most former Parliaments to the contrary sundry of them upon the Commons own Petitions and complaints which will over-ballance and controll these few late Presidents warranted by no old Records or Statutes whatsoever but contradicted by the constant practice of former ages To clear which truth beyond contradiction I shall shew you the very Original of the Commons summons to Parliament by the Kings writs out of meer grace not antient right or custom with the several varieties of Writs Statures touching elections of Knights Citizens Burgesses and chief cases resolved in Parliaments touching Elections breaches of Privileges relating to Members or their menial Servants that I finde upon record which will abundantly clear this point and refute these irregular puny presidents The original of our Parliaments as now constituted of King Lords and Commons is by several of our Historians Antiquaries and Writers referred to the 16. or 17. year of King Henry the 1. or at least to Henry the 2. his reign which I have already refuted by a particular list of all the Parliaments under them Yet many of this opinion affirm that the Commons were not constantly summoned to our Parliaments but only the Lords Spiritual and Temporal before the 49. of King Henry the 3. and beginning of Edward the 1. his reign neither had they a Speaker till 51 E. 3. Therefore no power of Judicature over their Members The first Writ I finde extant that savors of summoning Knights to Parliament is that in the 15. year of King Iohn wherein this King sent a Writ to the Sherif of Oxon in these words Rex Vicecomiti Oxon salutem Praecipimus tibi quod omnes Milites Ballivae tuae qui summoniti fuerunt esse apud Oxoniam ad Nos à die Omnium Sanctorum in 15. dies venire facias cum armis suis Corpora vero Baronum sine armis singulariter et IV. DISCRETOS MILITES DE COMITATU TUO illuc venire facias ad Nos ad eundem terminum AD LO QUENDUM NOBISCUN DE NEGOTIIS REGNI NOSTRI Teste meipso apud Witten 11 die Novembris Eodem modo scribitur omnibus Vicecomitibus This is no Writ of Summons to Parliament as some take it but rather to a Military Council as I conceive it For 1. There is no mention of any Bishops Abbots Priors Spiritual Lords Citizens or Burgesses summoned thereto but only of Barons without arms and Knights with arms 2ly Of all knights they had formerly summoned to appear there 3ly Of 4. not 2. discreet Knights out of every County and that not ad Parliamentum nostrum but ad Nos venire facias 4ly They were not to be elected by the people but immediately summoned elected and sent by the Sherifs themselves 5ly They were to come ad loquendum nobiscum not ad faciendum consentiendum hiis c. as the usual Writs of Summons for Knights of Shires are since without any power of Judicature to fine seclude or question one anothers elections or returns as now The very first express writ extant in History or Records that I can meet with upon search for the calling of Knights Citizens and Burgesses to Parliament is in 49 â—3 where the King after the battel of Evesham by his Writs summoned no less than 64 Abbots 36 Priors besides the Bishops and 5. Deans of Cathedrals and the Temporal Earls and Barons only 23. in number the rest being slain in the field or in actual rebellion After their Writs of Summons and name â—ollows this Writ or Note of summons for Knights Citizens and Burgesses and Barons of the Cinqueports Item mandatum est singulis Vicecomitibus per Angliam quod VENIRE not elâ—gi FACIANT duos Milites de Legalioribus Probioribus et discretioribus Militibus singulorum Comitatuum AD REGEM Londoniis in Octabis praedictis in forma supradicta Item in forma praedicta scribitur CIVIBUS Eborum Civâ—bus Lincoln caeteris Burgis Angliae quod mittant in forma praedict DUOS DE DISCRETIORIBUS LEGALIORIBVS PROBIORIBUS TAM CIVIBUS QUAM BURGENSIBUS SUIS Item in forma praedicta mandatuÌ„ est Baronibus et probis hominibus Quinque Portuum prout continetur in brevi inrotulato inferius Here the King 1. limited both the number and quality of the Knights Citizens and Burgesses when first summoned to our Parliaments 2ly He directed particular Writs to all Sherifs to summon not to elect by the choice of the Freeholders two of the legallest honestest discreetest Knights in their Counties which they alone were then to make choice of 3ly He sends particular Writs to some not all Cities and the rest of the Burroughs of England to send two of their discreetest legallest and honestest Citizens and so to the Cinqueports to send such Barons to this Parliament And if they returned any not thus qualified against the form of these Writs no doubt the King himself might refuse seclude them and he with his Lords were the sole Judges of their fitness for that service not they themselves to judge of their own or their fellow Members fitness or incapacity The first seclusion of any Knights Citizens and Burgesses in Parliament and electing others in their places was by the King himself with his Councils advice not by the Commons themselves for wilfull absence Claus 5 â— â— m. 26 dorso where divers Knights of Shires Citizens and Burgesses departing from the Parliament held at London without the Kings special license the King thereupon issued out Writs to the Sherifs of Yorkshire and other Counties to summon all such Knights Citizens and Burgesses within their Bayliwicks to return to the Parliament vel alios ad hoc idoneos loco ipsorum si ad hoc vacare non possunt eligere c. or to cause others who were fit to be elected in their places if they could not attend the Parliament with sufficient authority from the Counties Cities and Boroughs to consent to those things which should be ordained at the next Session of Parliament then prorogued to a certain day Here the King alone by his Writ takes authority to discharge those Knights Citizens and Burgesses who departed from the Parliament without his license and would or could not attend it without the Commons votes or assents and to command the Sherif to elect other sit persons in their places Claus 4 E. 3. m. 13 Dorso The King having issued out writs of Summons to Parliament dated Octob. 23. The 3 of November following he sent writs to all Sherifs to proclaim in all places That he being
but are enforced to petition the King and Lords for his enlargement 3ly The Lords in the kings name command the Commons to chuse and present another Speaker in his room and that with all speed which they accordingly did and then present him to the King and Lords for their approbation who allowed of their choice In the Parliament of 38 H. 6. n. 35. There were divers Knights of Counties Citizens and Burgesses named returned and accepted some of them without any due or free election some of them without any election at all against the course of the Kings Lawes and the Liberties of the Commons of the Realm by vertue of the Kings Letters without any other election and by the means and labours of divers seditious and evil disposed persons only to destroy certain of the great faithfull Lords and Nobles and other faithfull liege people of the Realm out of hatred malice greedy and unsatiable covetousness to gain their Lands Inheritances Possessions Offices and goods as the Statute of 39 H. 6. c. 1. relates The Commons were so farr from having power to exclude or confirm their elections themselves that they petitioned the King by advise and assent of the Lords That all such Knights Citizens and Burgesses as were thus returned to this Parliament by vertue of the Kings Letters without any other election should be good and that no Sherif for returning them might incurr the pain therefore provided by the Statute of 23 H. 6. c. 15. Which the King and Lords assented to at their request In the Parliament of 39 H. 6. n. 9. Walter Clerk one of the Burgesses of Parliament for Chippenham was arrested and imprisoned in the Fleet for divers debts due to the King and others upon a Capias Vilagatum whereupon the Commons complained thereof to the King and Lords by Petition and desired his release and rendred them an Act of Parliament ready drawn for that purpose to which Petition and Bill of theirs the King by the assent of the Lords Spiritual and Temporal assented And thereupon he was freed Not by the Commons power order or judgement but by the Kings and Lords advice and assents William Hyde a Burgess of Chippenham in Wiltshire being taken in Execution upon a Capias ad satisfaciendum and imprisoned in the kings Bench during the Parliament contrary to his privilege the Commons thereupon by a Petition praved the King that by advice and assent of the Lords Spiritual and Temporal he might be delivered for the present by a Writ of privilege out of the Chancery which the King by the advice and assent of the Lords granted saving the right of his Prosecutors to have execution upon him again after the Parliament ended 14 E. 4. n. 55. In the Parliament of 17 E. 4. n. 36. John at-Will a Burgess for Exeter was condemned in the Exchequer upon 8. several Informations during the Parliament at the prosecution of Iohn Taylor of the same Town upon complaint thereof by the Commons to the King and Lords in Parliament by Petition the King by advice and assent of the Lords Spiritual and Temporal ordered that he should have as many Supersedeas against the said Judgements and Informations as he pleased until his coming home from the Parliament In these last recited cases the Commons had no power at all to deliver or enlarge their own Members when imprisoned as of late years they have practised but always petitioned to the King and Lords for their release and relief who thereupon released and relieved them against the breaches of their privileges when they saw good cause Which cases I have examined by and transcribed out of the Parliament Rolls themselves in the Tower and not taken upon trust or the Abridgements of them which leave out the main ingredients the Commons Petitions to and advice and assent of the King and Lords expressed in the Rolls at large Richard Strode Gentleman one of the Burgesses of Parliament for the Burge of Plympton in Devonshire in the Parliament of 4 H. 8. for agreeing with the Commons house in putting out Bills against certain abuses of the Tinners being a Tinner himself by the malice of John Furse Tinner Under-Steward of the Stannâ—ries and his misinformation that the said Richard Strâ—de at the last Parliament heldâ—n at Westminster would have avoided and utterly destroyed all Liberties Privileges and Franchises concerning the Scanneâ—ies was upon 4. Bills thereof made by the said Furse presented and found guilty of the premises in 4. several Stannery Courts and condemned to forfeit 40 l. on every Bill to the King upon an Act and Ordinance made by the Tinners to which he was never warned nor called to make answer contrary to all Laws right reason and good conscience And one John Aguiâ—â—iam begging 20 l. of the said forfeiture from the King caused the said Richard to be taken and imprisoned in Lidford Castle in a dungeon and deep pit under ground where he was fed only with bread and water to the peril of his life and was to have irons laid upon him Upon which he petitioned the Parliament for remedy and that it might be ordained and enacted by the King the Lords Spiritual and Temporal that the condemnations against him for the said 160 l. in the Stanneries and every parcel thereof and judgements and executions had or to be had for the premises might be utterly void and of none effect against him which was done for him accordingly And moreover it was enacted That all sutes accusations condemnations executions fines amerciameuts punishments corrections grants charges and impositions put or had or hereafter to be put or had upon the said Richard to every other person or persons that were in this Parliament or that of any Parliament hereafter shall be for any Bill speaking reasoning or declaring of any matter or matters concerning the Parliament to be communed or treated of be utterly void and of none effect And that any person vexed or troubled or otherwise charged for any causes as aforesaid shall have an action of the case against every person or persons so vexing or troubling him contrary to this Ordinance and recover treble damages and costs And that no protection Essoign or wager of Law shall in the said action in any wise be admiâ—red nor received as you may read in the Statutes at large 4 H. 8. ch 8. intituled an act concerning Richard Strode The Commons themselves being unable to releive him in this high breach of privilege but by a petition to the King and Lords and a special Act of Parliament made for him In the Parliament of 34 H. 8. there fell out this famous case thus at large recorded by Holinshed and Crompton out of him In the Lent season whilst the Parliament yet continued one George Ferrers Gentleman servant to the king being elected a Burgess for the Town of Plimmouth in the County of Devon in going to the Parliament House was arrested in
Hall was moved to repair to the Lord Keeper and make such Oath which he did and then had a Writ of privilege In the Parliament of 23 Eliz. 21 Jan. Saturday Mr. Paul Wentworth moved for a publike Fast and for a Sermon every morning at 7. a clock before the House sate The House upon debate were divided about the Fast 115. were for and 100. against it It was thereupon ordered That as many of the House as conveniently could should on Sunday fortnight after assemble and meet together in the Temple Church there to hear preaching and joyn together in prayer with humiliation and fasting for the assistance of Gods spirit in all their consultations during this Parliament and for the preservation of the Queens Majesty and her Realm and the Preachers to be appointed by the privy Council that were of the House that they may be discreet not medling with Innovation or unquietness This Order being made by the Commons alone without the Lords and Queens privities assents the Queen being informed thereof sent a Message to the House by Master Vice-chamberlain a Member of it That her Highness had great admiration of the rashness of this House in committing such an apparent contempt of her express command not to meddle with her person the State or Church-government as to put in execution such an Innovation without her privity or pleasure first known Thereupon the Vice-chamberlain moved the House to make humble submission to her Majesty acknowledging the said offence and contempt craving the remission of the same with a full purpose to forbear the committing of the like hereafter Upon which by consent of the WHOLE HOUSE Mr. Vice-chamberlain carried this their submission to her Majesty as being the Judge and punisher of their misdemeanors even in the House it self though caried by majority of Voices In the Parliament of 28 Eliz. the Commons questioning the chusing and returning of the knights of the Shire for Norfolk the Queen said She was sorry the Commons medled therewith being a thing impertinent for that House to deal withall it belonging only to the Office of the Lord Chancellor from whom the Writs issue and to whom they are returned In the Parliament of 35 Eliz. Mr. Peter Wentworth and Sir Henry Bromley delivered a petition to the Lord Keeper desiring the Lords of the Vpper House to be suppliants with them of the Lower House unto her Majesty for intayling the succession of the Crown whereof a Bill was ready drawn by them The Queen being highly displeased therewith as contrary to her former strict command charged the LORDS of her COUNCIL to call the parties before them which they did and after Speech with them commanded them to forbear the Parliament and not to go out of their lodgings after which Mr. Wentworth was committed by them to the Tower Sir Henry Bromley with Mr. Richard Stevens and Mr. Welch to whom Sir Henry had imparted the matter were committed to the Fleet sitting the Parliament And when Mr. Wrâ—th moved in the House that they might be humble suters to her Majesty that she would be pleased to set at liberty those Members of the House that were restrained It was answered by all the Privy Counsellors there present That her Majesty committed him for causes best known to her self and to press her Highness with this sute would but hinder them whose good as foughtâ— That the House must not call the Queen to account for what she doth of her royal Authority That the causes for which they are restrained may be high and dangerous That her Majesty liketh no such questions neither doth it become the House to search into these matters In the same Parliament M. Morrice Attorny of the Court of Wards by a Serjeant at Arms was taken out of the Commons House Febr. 28. and committed to prison by the Queens command for delivering in a Bill against the abuses of the Bishops on Tuesday Febr. 27. against which many Members spake that it should not be read The Queen hearing of it sent for Sir Edward Cooke then Speaker the same day giving him in command with her own mouth to signifie to the House her dislike of the said Bill preferred by Mr. Morrice and charging him upon his Allegiance if any such Bill he exhibited not to read it Adding It is in me and my power to call Parliaments it is in my power to end and determine them it is in my power to assent or dissent to any thing done in Parliament Lo here several Members of the Commons House imprisoned by the Queens command by the Lords of her Council for disobeying her express commands in her Speech in medling in matters of State and Ecclesiastical affaires which she had forbidden them to do So farr was the Commons house then from being the Judges or sole Judges of their own Members privileges speeches or actions in the House it self even in this good Queens late reign of blessed memory In the same Parliament of 35 Eliz. when Sir Edward 〈◊〉 was Speaker of the Commons House there fell out a question in the Commons House about the Amendment of a mistake in the 〈◊〉 of the Burgess of Southwark and after long debate it was resolved that the House could not amend it but the Lâ— Keeper in Chancery â—here the return was of record if he thought it amendable by Law and that Master Speaker should wait upon the Lord Keeper about it which he did who advised with the Judges concerning it as appears by the Journal In the same Parliament Thomas Fitz-Herbert of Staffordshire was elected a Burgess of Parliament and two hours after before the Indenture returned the Sherif took him prisoner upon a Capias Utlagatum Whereupon he petitioned the House that he might have a Writ of Privilege and be enlarged After many dayes debate and Arguments of this case in the House by sundry Lawyers and Sir Edward Cooke then Speaker it was agreed That no Writ of Privilege could in this case be returned into the House of Commons being but a Member of Parliament and no Court of Record but only into the Chancery or House of Peers And that this being a point of Law it was meet the Judges should be advised with and determine it not the House And at last he was outed of his privilege by the Houses resolution These forecited presidents in all ages will sufficiently prove the late objected presidents for the Commons sole Judicial Authority and Jurisdiction in cases of Privilege and Elections and the suspending ejecting fining secluding imprisoning their own Members and such who violate their privileges or make false returns to be a meer late Groundless Innovation if not Usurpation upon the King House of Peers and Chancellors of England no ways grounded on the Law and custom of Parliaments as Sir Edward Cooke mistakes but point-blank against them both and that the Statutes concerning Elections and attendance or absence of Knights and Burgesses as 5 R.
LORDS and GREAT MEN as well Ecclesiastical as secular were present inquiry was made whether any were unjustly spoiled and deprived of their rights Whereupon it was shewed that Arch-Bishop Wulfred was unjustly deprived of his just Lordship and Jurisdiction near six years space and forced under pain of confiscation of his goods and banishment to convey three hundred Hydes of Land to him upon condition that he should bee restored to his full Archiepiscopal authority which condition was not performed After the Kings death Abbesse Kenedrytha his daughter and heir was summoned to this Council where the Arch-Bishop complained of the injuries done to himself and Christ-Church in Canterbury by her Father requiring reparations for them from the Abbesse if it were just Whereupon ALL THE COUNCIL held it just and DECREED BY AN UNANIMOUS DECREE that all the Lands and things taken away from the Arch-Bishop by her Father should bee restored together with the profits thereof lost for so long a space as also all the Books and Writings by the Abbesse being heir to the King which was accordingly performed by her King Bertulfus Anno 850. Holding a Great Council with the Prelates and Nobles of the whole Realme of Mercia upon the complaint of Siward and the Monks of Croyland of certain injuries maliciously done unto them by their adversaries in violating the Bounds and Priviledges of their Sanctuary to the great prejudice of their Abby Thereupon the King Prelates and Nobles in this Council for redress of this injury prescribed a Perambulation of their Bounds to be made by the Sheriffe of the County and to certifie the same unto them when made which was accordingly made certified to and confirmed by THE KING PRELATES and NOBLES in the Council held by them at Kingsbury in the year 851. as you may read at large in Ingulphus upon the petition of Abbot Siward After the death of King Edgar Anno 975. there being a great difference between the Nobles of the Realme about electing a new King some of them siding with Ethelred others with Edward his two Sons all the Bishops Abbots and NOBLES assembled in a great Parliamentary Council to debate and determine their rights and titles to the Crown Wherein they elected and crowned Edward the elder Brother King In this Council and two or three more succeeding it at Winchester and Calne the married Priests complained TO THE LORDS that they were unjustly expelled out of their Churches by the Monks and their prevailing party during King Edgars Reign to their dishonour and the great injury of the Nation desiring that the Monks might bee ejected and they restored to their Churches they anciently injoyed about which there were great contests and disputes in sundry Councils the King and LORDS inclining to restore them against Arch-Bishop Dunstans and other Monkish Prelates wills About the year 982. There was a Witenagemâ—t or Parliamentary Council held at London to which the DUKES PRINCES and NOBLES resorting from all parts Adelwold Bishop of Winchester complained that one Leofsi who had purchased Lands of him in the Isle of Ely not only refused to pay for them but also disseised him of three other Mannors The cause being opened and pleaded by the Bishop and the Lawyers flocking thither from all parts They ALL ADJUDGED that the Lands and Mannors should bee restored to the Bishop together with all his dammages and that Leofsi for this his rapine should also pay a fine and ransome to the King Queen Edgen in a civil cause and suit in the County Court between her and Goda appealed from that Court to King Ethelred and a Parliamentary Council at London Congregatis Principibus sapientibus Angliae In the time of St. Edward a suit between the Bishops of Winchester and Durham coram Principibus et Episcopis Regni in praesentia Regis ventilata finita est In the tenth year of King William the Conquerour Episcopi Comites et Barones Regni regia potestate ediversis Provincis ad universalem Synodum pro causis audiendis et tractandis convocati sunt as the Leger Book of Westminster records Hence I suppose it was that what we now call a Parliament was sometimes stiled by our ancient Historians in former ages MAGNUM PLACITUM because of the great Pleas and suits therein decided and judged BY THE KING and LORDS King William the first Anno 1071. held a great Council of his PRELATES and NOBLES at Winchester In hoc Conciliâ— dum caeteri trepidi ut pote Regis aegnâ—scentes animum ne suis honoribus privarentur venerandus Vir Wulstanus Wigorniensis Episcopus quamplures possessiones sui Episcopatus ab Aldredo Archiepiscopo duâ— Ã Wigorniensi Ecclesia ad Eboracensem transferretur sua potentia retentas qui eo tunc defuncto in Regiam potestatem devenerant constanter proclamabat JUSTITIAMQUE INDE FIERI tam AB IPSIS QUI CONCILIO PRAEERANT quam a Rege FLAGITABAT At quia Eboracensis Ecclesia non habens Pastorem qui pro ea loqueretur muta erat JUDICATUM EST ut ipsa querela sic remaneret quousque Archiepiscopo ibi constituto qui Ecclesiam defenderet dum esset qui ejus querelae responderet objectes responsis posset ebidenâ—us et Iustius Iudicium fieri sicque tunc a querela ad tempus remansit But Thomas being soon after consecrated Arch-Bishop of York thereupon reverendi Wulstani Wigorniensis Episcopi mota est iterum querela Archiepiscopo jam consecrato Thoma qui pro Eboracensi loqueretur Ecclesia in Concilio in loco qui vocatur Pedreda celebrato coram Rege ac Doroberniae Aâ—chiepiscopo Lanfranco Episcopis Abbatibus Comitibus Primatibus totius Regni Dei gratia adminieulante Terminaâ—um Cunctis siquidem machinationibus non veritate stipatis quâ—bus Thomas ejusque fautores Wigorniensem Ecclesiam deprimere Eboracensi Ecclesiae subjâ—cere aniliamque facere modis omnibus satagebant justo Dei judicio in scriptis evidentissim is detritis penitus annihillatis non solum vir Dei Wulstanus proclamatas expetitas possessiones accepit sed suam Ecclesiam Deo clamante Rege concedente ea libertate liberam suscepit qua primi fundatores ejus sanctus Rex Ethelredus Offa c. ipsam liberaverunt By which History it is apparent that the King and Lords in that age had the sole judicature in civil causes in the Parliaments then held and decided civil Titles and controversies therein between Bishops and spiritual as well as temporal persons In the year-Book of 21 Ed. 3. fol. 60. There is a recital that upon the complaint of the Abbot of St. Edmonds de Bery against the Bishop of Norwich for infringing the liberties of the Abby in the Reign of William the Conquerour in a Parliament held under him most likely in this Council of Pedreda it was ordained per le Râ—y et per Larchebesque de Canterbury et per touts les Auters Ebesques de
the Prior of Coventry the King granteth by Assent of the Bishops and Lords that no man do break the head of their Conduit nor cast any filth into their water called Sherbouâ—n on pain of ten pound and treble dammages to the Prior. In the Parliament of 9. H. 5. n. 12. Upon long debates of the Lords and Iustices it was resolved by them that the Abbot of Ramsy should have no prohibition against Walter Cook parson of Somersham who sued for Tithes of a Meadow called Crowland Mead in the hands of the Abbots Tenants In the great case of Precedency between the Earl Marshall and Earle of Warwick in the Parliament of 3. H. 6. n. 10 11. c. The Lords being to bee Iudges of the same suspended both of them from sitting in the house till their case was fully heard and they all voluntarily swore on the Gospel that they would uprightly judge the case leaving all affection In the Parliament of 11. H. 6. n. 32 33 34 35. Upon a Petition the King and Lords in Parliament adjudged the Dignity Seigniory Earledome of Arundel and the Castle and Lands thereunto belonging to John Earle of Arundel who proved his Title thereto by a deed of Entayle against the Title of John Duke of Norfolck who layed claim thereunto And in the Parliament of 39 H. 6. n. 10. to 33. The claime of the Duke of York and his Title to the Crown of England against the Title of King Henry the 6 th was exhibited to the Lords in full Parliament the Lords upon consultation willed it to be read amongst them but not to bee answered without the King The Lords upon long consultation declared this Title to the King who willed them to call his Justices Sergeants and Attorney to answer the same Who being called accordingly utterly refused to answer the same Order thereupon was taken That every Lord might therein freely utter his conceit without any impeachment to him In the end there were five objections made against the Dukes Title who put in an answer to every of them which done the Lords upon debate made this order and agreement between the King and Duke That the King should injoy the Crown of England during his life and the Duke and his heirs to succeed after him That the Duke and his two sons should bee sworne by no means to shorten the dayes or impaire the preheminence of the King during his life That the said Duke from thenceforth shall be reputed and stiled to bee the very Heir apparent to the Crown and shall injoy the same after the death or resignation of the said King That the said Duke shall have hereditaments allotted to him and his sons of the annual value of ten thousand marks That the compassing of the death of the said Duke shall bee Treason That all the Bishops and Lords in full Parliament shall swear to the Duke and to his heirs in forme aforesaid That the said Duke and his two sons shall swear to defend the Lords for this agreement The King by Assent of the Lords without the Commons agreeth to all the Ordinances and accords aforesaid and by the Assent of the Lords utterly repealeth the statute of intayle of the Crown made in 1. H. 4. so alwaies as hereafter there be no better Title proved for the defeating of their Title and this agreement by the King After all which the said Duke and the two Earles his sonnes came into the Parliament Chamber before the King and LORDS and sware to performe the award aforesaid with protestation if the King for his part duly observed the same the which the King promised to do All which was inrolled in the Parliament Rolls Lo here the Lords alone without the Commons judge and make an award between King Henry the 6th and the Duke of York in the highest point of right and title that could come in question before them even the right and title to the Crown of England then controverted and decided the King and Duke both submitting and assenting to their award and promising swearing mutually to perform it which award when made was confirmed by an Act passed that Parliament to which the Commons assented as they did to other Acts and Bills And here I cannot but take special notice of Gods admirable Providence and retaliating Justice in the translation of the Crown of England from one head family of the royal blood to another by blood force war treason and countenance of the Authority of the temporal and spiritual LORDS and COMMONS in Parliament in the two most signal presidents of King Edward and King Richard the 2 d. which some insist on to prove the Commons Copartnership with the Lords in the power of Judicature in our Parliaments the Histories of whose Resignations of their Regal Authority and subsequent depositions by Parliament I shall truly relate Anno 1326. the 19. of Ed. 2d Queen Isabel returning with her Son Prince Edward and some armed forces from beyond the Seas into England most of the Earles and Barons out of hatred to the Spencers and Kingâ— repaired to them and made up a very great army The King thereupon proclaimed that every man should resist oppose kill them except the Queen Prince and Earle of Kent which they should take prisoners if they could and neither hold any correspondency with them nor administer victuals nor any other assistance to them under pain of forfeiting their bodies estates But they prevailing and the King being deserted by most hee fled into Wales for shelter Whereupon Proclamation was made in the Queens army every day that the King should return and receive his Kingdome again if hee would conforme himself to his Leiges Quo non comparente Magnasâ—es Regni Hereâ—ordiae Concilium injeâ—unt in quo filius Regis Edwardus factus est Cusâ—os Angliae communi Decreto cui cuncti tanquam Regni custodi fidelitatem fecerunt per fidei sacramentum Deinde Episcopum Norwicensem fecerunt Cancellarium Episcopum vero Wintoniensem regni Thesaururium statuerunt Soon after the King himself with most of his evil Counsellors were taken prisoners being betrayed by the Welch in whom they most confided Hagh Spencer Simon Reding Baldoik and others of the Kings party being executed at Hereford Anno 1327. the King came to London about the feast of Epiphany where they were received with great joy and presents Then they held a Parliament wherein they all agreed the King was unworthy of the Crown and fit to be deposed for which end there were certain Articles drawn up against him which Adam de Orleton Bishop of Winchester thus relates in his Apology i Ea autem quae de Consilio et assensu omnium Praelatorum Comitum et Baronum et totius Communitatis dicti Regni concordata ordinata fuerunt contra dictum regem ad amotionem suam a regimine regni contenta sunt in instrumentis publicis Reverendo patre domino J. Dei
gratia nunc Cantuariensi electo tunc Wintoniensi Episcopo et Angliae Thesaurario câ—nceptis et dictatis manu magistri Willielmi de Mees Clerici sui Secretarii publici Notari conscriptis et in publâ—cam formam redactis Quam quidem concordiam ad mei excusationem duxi praesent bus inferendam quae talis est Accorde est qe sire Edward fiz aisne du roy ait le government del Roialme et soit rois Coronne par les Causes qe sensiwent 1. Primerment Pur ceo qe la persone ly Roy nest pas suffisaunt de governer Car en touz son temps ad il este mene et governe par autres qe ly ount mavoisement consaillez a deshoneur de ly et destruction de sâ—int Eglise et de tout son people saunz ceo qe il le vousist veer ou conustre le quel il sust bon ou mavoys ou remedie mettre ou faire le vousist quant il fuist râ—quis par les graunts et sages de sâ—n Roialme ou suffrir qe amende fuist faite 2. Item Par tout son temp 〈◊〉 se voloit doner a bon consail no le croire ne a bon governemeâ—t de son Roialm meys se ad done toux jours as ouraignes et occupationes nient covenables entre lessaunt lesploit des bosoignes de son Roialme Item Par defaute de bon governement ad il perdu le Roialme Descoce et autres terres et seignuries en Gascoygne Hytland les quex son pere li lessa en pees amiste ly Roy de Fraunce et detz moults des autres graunts 4. Item Par sa fierte qualte par mavoys consail ad il destruit seint Eglise les persones de seint Eglise tenuz en prisoun les uns Et les alires en destresce et auxint â—lusours graunts et nobles de la terre mys a hountose mâ—nt enprisâ—nez exulâ—tz disheritez 5. Item La ou il est tenuz par son serement a faire droit a toux il ne bad pas volu faire pur son propre profâ—it et convetise de ly de ces mavois conâ—saili es â—e ount este preâ— de ly Ne ad garde les autres pointz del serement qil fist a son corounement si com iâ— feust tenuz 6. Item Il deguerpist son Royalme et fist taunt come en ly fust qe son Roialme son poâ—ple fust perduz qe pys est pur la crualte de ly defaute de sa personne il est trove incorrigible sauntz esperaunce de amendement les quex choses fount si notoires qil ne poount estre desdiâ—z The form and instrument of his deposition is thus recorded by Ranulp Cistrensis and Henry de Knyghton Also that year in the Octaves of Twelfth day was made a Parliament at London There BY ORDINANCE with a solemn message is sent to the King that was in prison 3 Bishops 3 Earls 3 Barons 2 Abbots 2 Justices for to resign to the King that was then in warde the homage that was make to him some time for they would no longer have him for their Lord One of them Sir William Trussel Knight and PKOCURATOR OF ALL THE PARLIAMENT spake to the king in the name of all the other and said I William Trussel in the name of all men of the lond of Englond and of all the Parleament Procurator I resign to thee Edward the homage that was made to thee sometime And from this time forthward now following I defie thee and pryve thee of all ryal power and I shall never be tendant to thee as for King after this time Also this was openly cryed at London The true form of his deprivation is thus recorded in the Chronicle of Leycester and transcribed out of it by Henry de Kryghton in French Jeo William Trussel Procurator dez Prelatez Conrez et Barons et altrez Gentz en ma procuracye nomes Eyantal ceo ployne suffysant poure eâ— Homages et Fealtez au vous Edward Roy Dengleterre come al Roy avant ces â—enres de par lez ditz persones en ma procuracye nomes renk et rebaylle sus a vous Ed. et deliver et face quiâ—ez lez persones avant ditz en la meâ—lâ—our manere que ley et custome donnent E face protestacion en nom de eaux qils ne voillent deformes estre en vostre sâ—alâ—e ne en vostre lyance ne cleyment de vous come â—e Roy â—iens teniâ— Encz vous teignent de â—horse priveye persone sans nule manere de â—eale dignite Cum haec Rex audisset multum de fuis malefactis doluit rugitus et lamenta emittens eo quod per falsos et proditiosos consiliarios sic omni suo tempore ductus fuerat Thomas of Walsingham thus relates the proceeding Convenit etiam illuc tota regni Nobilitas citata per prius ad Parliamentum tenendum ibidem trastino dicti â—esti ubi cuncti centuerunt regem indignum diademate et propteâ— plures articulos deponendum er Edwardum filium ejus primogenitum in regem unanimiter eligendum Quod etiam consequenter factum fuit et electio in aulâ— magna Westmonasterii publice divulgare per quendam ex Magnatibus sapientem Cui electioni consensit populus universus Archiepiscopus vero Cantuariâ—e praesenti consensit electioni ut omnes Praelati Archiepiscopus quidem assumpto themate vox populi vox Dei sermonem feci populo exhortans omnes ut apud regem regum intercederent pro electo Facto sermone discessum esâ— Ut autem notuit Reginae filliâ—ni electio et viri dejectio plena dolore ut foris apparuit sere mente alienata fuit Edwardus quoque filius suus mateâ—no doâ—ori compassus juravit quod invito patre nunquem susciperet coronam regni Idcirco communi decreto ex parte totius regni tres Episcopi duo Comiteâ— et duo Abbates et de quolibet Comitatu regnitre milites ac etiam de Londoniis et aliis civitatibus et magnis villis ut praecipue de portubus de qualibet certus raimerus persoâ—arum missi sunt ad regem apud Kenelworth qui nunciaâ—ent electionem filii sui et requirerent diligenter quod renunciaret dignitati regiae et coronae et permitteret eundem filium suum regnare pro eo alioquin ipsi reddirent sibi homagia et procederent in praetactâ—s Rex autem ut haec audivit â—um stetu et ejâ—latu respondit quod multum doluit de eo quod sic demeruit erga populum sâ—i regni et ab omnibus qui aderant veniam precabatur Sed ex quo aliter elâ—e non potuit gratias egit quod filium suum primogenitum elegissent Nuncii vero ad Parliamentum Londonias rede untes cum regis responâ—o et insigniis plebem laetam fecerunt mox tota regni
scriptis redactam vice nomine auctoritate praedictis tulerunt per dictum Episcopum Assâ—vâ—â— Commissarium Collegam suum eandem sententiam de ipsorum Commissariorum voluntate mandato legi recitari fecerunt in haec verba IN DEI NOMINE Amen Nos Johannes Episcopus Assivens Johannes Abbas Glastoniae Thomas Comes Gloucestriae Thomas Dominus de Berkely Thomas de Erpyngham Thomas Gray milites ut Willielmus Thyming Justiciarius per Pares Proceres regni Angliae Spirituales Temporales ejusdem regni Communitates omnes status ejusdem regni repraesentantes Commissuriâ— ad infrascripta specialiter deputati pro Tribunaâ—â— sedentes atteâ—tis perjuriis multiplicibus aâ— crudelitate aliisque quampluribus criminibus dicti Richardi circa regimen suum in regnis dominio supradictis pro tempore sui regimnas commissis perpetraâ—is ac coram dictis statibus paâ— publice propositis exhibitis recitatis quae adâ— fuerunt sunt publica notoria manifesta famosa quod nulla poterant aut possunt â—ergiversatione celari Necnon confessione praedicto Richardi recognoscenâ—i◠〈…〉 scitâ—tia sua judicantiâ— se fuisse esse 〈…〉 â—inii praedictorum pertinentium corundem ac propter sua domorita notoria non immerito deponendum per ipsum Richardum prius emissa ac de voluntate mandato suis coram dictis statibus publicata eisque notificatae exposita in vulgari praehabita super hiis omnibus in ipso negotio actitatis coram statibus antidictis â—obis deliberatione diligenti vice nomine auctoritate â—is in hac parte commissa ipsum Richardum ex habundanti ad cautelam ad regimen gubernationem dictorum regnorum dominii juriumque pertinentium eorundem fuisse esse inutilem inhabilem insufficientem penitus indignum ac propter praemissa eorum pretextu ab omni dignitate honore regiis si quid dignitatis honoris hujusmodi in eo remanserit merito deponendum pronunciamus decernimus declaramus ipsum simili cautela deponimus per nostram diffinitivam sententiam in hiis scriptis Omnibus singulis Dominis Archiepiscopis Episcopis Praelatis Ducibus Marchionibus Comitibus Baronibus Militibus Vassallis Valvassoribus ac cateris hominibus dictorum regnorum dominii ac aliorum locorum ad dicta regna dominium spectantium subditis ac ligeis suis quibuscunque inhibentes expresse ne quisquam ipsorum de caetero praefato Richardo tanquam Regi vel Domino regnorum aut dominii praedictorum paret quomodelibet vel intendat Volentes autem praeterea dicti status ut nichil desit quod valeat aut debeat circa praemissa requiri superinde singillatim interrogati personas easdem prius per Commissarios nominatos constituerunt Procuratores suos conjunctim divisim ad resignandum reddendum dicto Regi Richardo homagium fidelitatem prius sibi facta ad praemissa omnia hujusmodi depositionem renunciationem tangentia si oportuerit intimanda ET CONFESTIM ut constabat ex praemissis eorum occasione regnum Angliae cum suis pertinentiis vacare praefatus Henricus Dux Lancastria de loco suo surgens stans adeo erectus quod satis intueri posset à populo muniens se humiliter signo crucis in fronte in pectore suo Christi nomine primitus invocato dictum regnum Anglia sic ut praemittitur vacaâ—s una cum Corona ac omnibus membris pertinentiis suis vindicavit in lingua materna sub hac forma verborum In the name of Fader Sonne and holy Ghost I Henry of Lancastre chalenge this Rewine of Ynglonde and the Croune with all the membres and the appurtenances al 's I that am descendit be ryght lyne of the blode comyng fro the gude Lorde King Henry therde and thorghe that ryght that God of his grace hath sent mee with helpe of my kyn and of my frendes to recover it the whiche Rewme was in poynt to be ondone for defaut of governance and undoyng of the gude Lawes Post quam quidem vindicationem clameum tam Domini Spiriuales quam Temporales omnes status ibidem praesentes singillatim communiter interrogari quid de illa vindicatione clameo sentiebant iidem status cum toto populo absque quacunque difficultate vel mora ut Dux praefatus super eos regnaret unanimiter consenserunt Et statim ut idem Rex ostendit statibus regni signetum Ricardi Regis sibi pro intersigno traditum suae voluntatis ut praemittitur expressivum praefatus Archiepiscopus dictum Henricum Regem per manum dextram apprehendens duxit eum ad sedem regalem praedictam Et postquam idem Rex coram dicta sede genu flexus parumper orasset idem Archiepiscopus Cantuariensis assistente sibi Archiepiscopo Eâ—orum praedicto dictum Regem posuit sedere fecit in sede regali praedicta populo prae nimio gaudio fortiter applaudente Et mox dictus Archiepiscopus Cantuariensis vix facto silentio propter gaudium omnium circumstantium collationem modicam fecit protulit in haec verba VIR DOMINABITUR POPULO Reg. ix c. Haec sunt verba summi Regis loquentis ad Samuelem docentis eundem quâ—lem deberet instituere ad gubernandum populum quando potebat sibi dari Regem populus ille non inepte de Domino nostro Rege moderno dici possunt quae verba si intime considerentur praebent nobis materiam magnae consolationis Non enim Deus nobis comminatur sicut quondam per Ysai comminabatur populo dicens Ysai 3. Dabo pueros Principes eorum set ex sua misericordia qui cum irascitur misericordiae recordatur visitavit plebem suam non modo ut prius fuerat in regno pueri dominabuntur set dicit dominus vobis quod Vir dominabitur populo Poterat enim de Rectoribus istius regni sive eorum quolibet praeteritis in persona parvuli non inconvenienter dici illud Apostoli Cor. 13. Cum essem parvulus loquebar ut parvulus sapiebam ut parvulus cogitabam ut parvulus ecce ter dicit Apostolus loquebatur ut parvulus sapiebat cogitabat Quantum ad loquelam certum est quod parvulus inconstans est in loquendo faciliter vera loquitur faciliter falsa faciliter verbo promittit set quod promittit cito obliviscitur haec enim sunt inconvenientia nimis moleste regno nec possibile est regnum feliciter stare ubi hae conditiones regnant set ab istis defectibus liberatur regnum cum vir dominatur ad virum namque pertinet circa linguam servare custodiam Modo autem non puer dominatur set vir do quo spero dici potest illud Eccl. ix Beatus vir qui non est lapsus in lingua Post inquit Apostolus sapiebam
Realm of Englond which therefore hath suffered the charge of intollerable persecution punicion and tribulation whereof the like hath not been seen or heard in any other Christian Realm by any memory or Record Then being on Live the said Edmund Mortymer Earl of March son and heir of the said Roger son and heir of the said Philip daughter and heir of the said Leonel the third Son of the said King Edward the third To the which Edmund after the decease of the said King Richard the right and title of the same Crown and Lordship then by law custom and conscience descended and belonged and of right belongeth at this time unto our said Liege and Soveraign Lord King Edward the fourth as Cousin and heir to the said King Richard in manner and form abovesaid Our said Soveraign and Liege Lord King Edward the fourth according to his right and title of the said Crown and Lordship after the decease of the said right noble and famous Prince Richard Duke of York his fader in the name of Jesu to his pleasure and loving the fourth day of the Month of March last past took upon him to use his right and title to the said Realm of Englond and Lordship and entred into the exercise of the royal estate dignity preheminence and power of the same Crown and to the reign and governance of the said Realm of Englond and Lordship And the same fourth day of March amoved Henry late called King Henry the sixth son to Henry son to the said Hen. late E. of Derby son to the said John of Gaunt from the occupation usurpation intrusion reign and governance of the same Realm of Englond and Lordship to the universal comfort and consolation of all his Subgetts and Liegemen plentevously joyed to be amoeved and departed from the obeysance and governance of the unrightwise usurpour in whose time not plenty Pees Justice good governance pollicy and vertuouse conversatien but unrest inwaâ—d warr and trouble unright wiseness shedding and effusion â—f innocent bloud abuse of the Laws partiality riot extortion murder rape and vitious living have been the guiders and leaders of the noble Realm of Englond in antient time among all Christian realms laudably reputed of great honour worship and nobly drad of all outward Lands then being the lauâ—ier of honour prowess and worthiness of all other Realms in the time of the said usurpation fallen from that renown unto misery wretchedness desolation shamefull and sorrowfull decline And to live under the obeysance governance and tuition of their true right wise and natural Leige and Soveraign Lord. The Commons being in this present Parliament having sufficient and evident knowledge of the said unrightwise usurpation and intrusion by the said Henry late Earl of Derby upon the said Crown of Englond knowing also certainly without doubt or ambiguity the right and title of our said Soveraign Lord thereunto true and that by Gods Law Mans Law and the Law of Nature he and none other is and ought to be their true right wise and natural Liege and Soveraign Lord. And that he was in right from the death of the said Noble and famous Prince his Fader very just King of the said Realm of Englond And the said 4. day of March in lawfull possession of the same Realm with the royal power preheminence estate and dignity belonging to the Crown thereof and of the said Lordship take accept and repute and will for ever take accept and repute the said Edward the fourth their Soveraign and liege Lord and him and his heirs to be Kings of Englond and none other according to his said right and title And beseech the same their said Liege and Soveraign Lord King Edward the fourth that by the advice and assent of the Lords Spiritual and Temporal being in this present Parlement and by authority of the same his right and title to the said Crown afore specified be declared taken accepted and reputed true and rightwise the same right and title to abide and remain of Record perpetually by the said advice assent and authority And that it be declared and judged by the said advice assent and authority that the said Henry late Earl of Derby for the said rearing of warr against the said King Richard then his Soveraign Lord and the violent taking imprisoning unrightwise usurpation intrusion and horrible cruel murder of him agenst his faith and ligeance wickedly and unjustly offended and hurted the Royal Majesty of his said Soveraign Lord. And that the same Henry unrightwisely agenst Law conscience and custom of the said Realm of Englond usurped upon the said Crown and Lordship And that he and also Henry late called King Henry the fifth his son and the said Henry late called King Henry the sixth the son of the said Henry late called King Henry the fifth occupied the said Realm of Englond and Lordship of Irelond and exercise the governance thereof by unrightwise intrusion and usurpation and in none other wise And that the taking of possession and entry into the exercise of the Royal Estate dignity reign and governance of the said Realm of Englond and Lordship of Irelond of our said Soveraign Liege Lord King Edward the fourth the said fourth day of March and the amotion of the said Henry late called King Henry the sixth from the exercise occupation usurpation intrusion reign and governance of the same Realm and Lordship done by our said Soveraign and Liege Lord King Edward the fourth the said fourth day of March was and is rightwise lawfull and according to the Laws and customs of the said Realm and so ought to be taken holden reputed and accepted And over that that our said Soveraign and Liege Lord King Edward the fourth the said fourth day of March was lawfully seised and possessed of the said Crown of Englond in his said right and title and from thenceforth have to him and his heirs Kings of Englond all such Manors Castles Lordships honours lands tenements rents services fees feefarms rents Knights fees advowsons gifts of Offices to give at his pleasure fairs markets issues fines and amerciaments liberties franchises prerogatives escheats customs reversions remainders and all other hereditaments with her appurtenance whatsoever they be in Englond Wales and Irelond and in Caleys and the Marches thereof as the said King Richard had in the feast of Sr. Matthew the Apostle the 23. year of his reign in the right and title of the said Crown of Englond and Lordship of Irelond and should after his decease have descended to the said Edmund Mortimer Earl of March son of the said Roger Mortimer Earl of March as to the next heir of bloud of the same King Richard after his death if the said usurpation had not been committed or after the decease of the same Edmund to his next heir of blood by the Law and custom of the said Realm of Englond the Manors Castles Honors Lordships lands tenements
possessions and hereditaments with their appurtenances which come to the hands of the said King Richard by forfeiture by force of an Act made in a Parlement holden at Westminster the 21. year of his reign except the said Commons beseeching our said Liege Lord to have and take all only the issues and revenues of all the said Castles Manors Lordships Honors lands tenements rents services and of other the premises aforesaid with their appurtenances except afore except from the said fourth day of the said moneth of March and not afore Saving to every of the liegemen and subjects of our said Soveraign and liege Lord King Edward the fourth such lawfull title and right as he or any other to his use had in any of the premises the said third day of March other than he had either of the grant of the said Henry late Earl of Derby called King Henry the fourth the said Henry his son or the said Henry late called King Henry the sixth or by authority of any pretenced Parlement holden in any of their dayes And that it be ordained declared and stablished by the assent advice and authority aforesaid That all Statutes Acts and Ordinances heretofore made in and for the hurt destruction and avoyding of the said right and title of the said King Richard or of his heirs to ask claim or have the Crown Royal power estate dignity preheminence governance exercise possessions and Lordship abovesaid be voyd and be taken holden â—nd reputed voyd and for nought adnulled repealed revoked and of no force value or effect And furthermore consideration and respect had to the horrible detestable cruel and inhuman tyranny by the said Henry late Earl of Derby against his faith and ligeance done and committed to the said King Richard his rightwise true and natural Liege and Soveraign Lord the unright wise and unlawfull usurpation and intrusion of the same Henry upon the said Crown of Englond and Lordship of Irelond the great intollerable hurt prejudice and derogation that thereby followed to the said Edmund Mortymer Earl of March next heir of blood of the said King Richard time of his death and to the heirs of the said Edmund and the great and excessive damage that by the said usurpations and the continuance thereof hath grown to the said Realm of Englond and to the politique and peaceable governance thereof by inward wars moved and grounded by occasion of the said Vsurpation It be therefore Ordeined declared and stablished by the advice assent and authority aforesaid for the more stablishing of the assured and undoubted inward rest and tranquility of the said Realm of Englond And for the avoyding of the said usurpation and intrusion very cause and ground of the tribulation persecution and adversity thereof that the said Henry late Earl of Derby the heirs of his body coming be from henceforth unabled and taken and holden from henceforth unable and unworthy the premises considered to have joy occupy hold or inherit any estate dignity preheminence enheritaments or possessions within the Realm of Englond Wales or Irelond aforesaid or in Caleys or the Marches thereof And sith that the Crown Royal estate dignity and Lordship above rehearsed of right appertained to the said Noble Prince Richard Duke of York And that the said Usurper late called King Henry the sixth that understanding to the intent that in his opinion he might the more surely stand and continue in his usurpation and intrusion of and in the same Crown Royal estate dignities and Lordship evermore intended and laboured continually by subtile imaginations frauds deceipts and exorbitant means to the extreme and final destruction of the same noble Prince Richard and his issue And for the execution of this malicious and damnable purpose therein in a preâ—ence Parliament by him and his usurped authority holden at Coventree the 38 year of his usurped Reign without cause lawfull or reasonable declared and judged the same noble Prince Richard and the Noble Lords his Sons that is to wit Edward then Earl of March and now the King our Soveraign Lord abovesaid and Edmund Earl of Ruthland to be his Rebels and Enemies them and all their issue dis-inheriting of all name state title and preheminence tenements possessions and enheritaments for evermore cruelly wickedly and unjustly and agenst all humanity right and reason whereby the said noble Prince Richard and his sons above named were compelled by the dread of death to absent them for a time out of this Realm of Englond the natural land of their birth unto their intollerable hurt prejudice heavinesse and discomfort And where after these the said noble Prince Richard Duke of York using the benefice of the Law of Nature and sufficiently accompanied for his defence and recovery of his right to the said Crown of the said Realm came thereunto not then having any Lord therein above him but God And in the time of a Parliament holden by the said Henry late called King Henry the sixth the sixth day of October the 39 year of his said usurped reign intended to use his right and to enter into the exercise of the royal powers dignitees and Lordships abovesaid as it was lawfull and according to Law reason and justice him so to doe and thereupon shewed opened declared and proved his right and title to the said Crown to fore the Lords Spiritual and temporal and Commons being in the same Parlitment by antient matters of sufficient and notable Record undefaisible whereunto it could not be answered or replyed by any matter that of right ought to have deferred him then from the possession thereof yet nevertheless for the tender zeal love and affection that the same Duke bare of Godly and blessed vertues and natural disposition to the restfull governance and pollicy of the same Realm and the Common wele thereof which he loved all his life desired and preferred afore all other things earthly though all the seid Lords spiritual and temporal after long and mature deliberation by them had by good advice upon the said right and title and the authorities and Records proving the same the answers thereunto gives and the replâ—cations to the same made knew the same right and title true by them and the seid Commons so declared accepted and admitted in the same Parliament Iâ— liked him at the grete instance desire and request of the seid Lords solemnply and many times unto him made to assent and grant unto a convention concord and agreement between the seid Henry late called King Henry the sixth on that opâ—party and him on that other upon the seid right and title by the same late called King by the advice and assent of the seid Lords Spiritual and Temporal and Commons being in the seid Parliament auctorized in the same comprehending among other that the seid Vsurper late called King Henry the sixt understanding certainly the seid title of the said Richard Duke of York just lawfull true and sufficient by the
advis and assent of the Lords Spiritual and Temporal and Commyns in the seid Parliament assembled and by authorite of the same declared approved ratified confirmed and accepted the seid title just good lawfull and true and thereunto gave his assent and agrreement of his free will and liberty And over that by the seid advis and auctorite declared affirmed and reputed the seid Richard Duke of York very true and rightfull heir to the Crowns Royal estate and dignite of the Realms of Englond France and Lordship of Irelond aforeseid And that according to the worship and reverence thereto belonging he should be taken accepted and repuâ—ed in worship and reverence by all the Estates and persons of the seid Realm of Englond The seid Usurper late called King Henry the sixth saving and reserving to himself the seid Crowns Realms royal estate dignite and preheminence of the same and the seid Lordship of Ireland during his life natural And further more by the same advice and authotiâ—e would consented and agreed that after his decease or when it should please him to lay from him the seid Crowns estate dignity and Lordship or thereof ceâ—â—ede the seid Richard Duke of York and his heirs should immediately succeed him in the seid Crowns Royal Estate dignity and Lordship and them then have and enjoy any Act of Parliament Statute Ordinance or any thing to the contrary made or interruption or discontinuance of possession notwithstanding And if any person or persons from thenceforâ—h imagined or compaced the death of the seid Richard Duke of York it be deemed and judged high Treason in manner and form as it is specified in the seid Act And that the seid Noble Prince Richard Duke of York by way and consideration of recompence for his abstaining for a time of the exercise of the seid royal power of the benigne and noble disposition that he bare to the said Common wele and to the rest and tronquillity of the seid Realm should have Castles Mannors lands and tenements to the value of 10 Mil. Marc. whereof the Earldom and City of Chester was parcel assigned to the said Duke by special Act made in the seid Parliament the which Earldom and City the seid Duke gave among other unto our seid Soveraign Lord then being Earl of March as parcel of Manors Lordships lands and tenements of the yearly value of 3 Mil. Marc. which by vertue of the seid convention and concord and the Act thereof made was given unto him for the sustentation of his estate abiding and persevering like a true Christian and honourable Prince in full purpose to keep and observe the seid Convention and concord for his party trusting verily that the seid Usurper Henry late called King Henry the sixth would have truly faithfully justly keped and observed for his party the same convention and concord inviolable as by Law reason Princely honour and duty he was bounden to doe and not have departed and varied from such convention made of so high and so great authority as it was made whereunto neither our seid Soveraign Lord ne the seid noble Prince assented but without prejudice of the seid right and ritle as it is plainly specified in the sâ—id Act made upon the seid convencion and Concord and under protestation and condition that the seid Usurpour shuld kepe and perform without fraude or male ingyne all things therein contained for his seid party declared openly by their mouths in the presens and heryng of the said Lords in the seid Parliament and therein enacted of Record at the grete instaunce and prayer of the same Usurpour late called King Henry the sixth And at the solempne request of all the seid Lords for the tender and special zele love and affection that he bare to the rest of the seid Realm and to the Commyn wele and policy thereof toke his viage of good blessed and vertuous intent and disposition toward the North parties of the said Realm to repress and subdue certain riots rebellions insurrections and commotions there begun And the premises notwithstanding the seid Henry Usurpour late called King Henry the sixth continuing in his old rancour malice using the fraud and malicious disceit and dissimulation agenst trouth and conscience that accord not with the honour of eny cristen Prince to th entent that the said Agrement concord and Act shuld take no due effect And into the frustacion of the same in the matiers and things above reherced that is to say that neither the seid Richard Duke shuld have ne enjoy the same Castells Manoirs lands and tenements name title reverence and worship above reherced neither he ne his sons and heirs succeed in the seid Corones Royal estate dignity lordship after the tenure fourm and effect of the said agreement concord and Act with all subtil imaginacions and disceitful ways and means to him possible intended and covertely laboured excited and procured the final destruction murdre and death of the said Richard Duke and of his Sons that is to sey of our seid new Soveraign Lord King Edward the fourth then Earl of March and of the noble Lord Edmund Earl of Ruthlande And for the execution of his dampnable and malicious purpose by writing and other messages moeved excited and stirred thereunto the Dukes of Excester and Somerset and other Lords being then in the North parties of this Realm whereupon at Wakefeld in the Shire of York the seid Duke of Somerset falsely and traiterously the same Noble Prince Duke of York on Teiusday the 30 day of Decemb. last passed horribly cruelly traiterously murdered And also the worthy and good Lords Edmund Earl of Ruthland Brother of our seid Soveraign Lord and Richard Earl of Salesbury And not therwith content of their insatiable malice after that they were dede made them to beheaded with abhomynable cruelte and horrible despite agenst all humanite and nature of Nobles And after that the same Henry Usurpour gretely and wonderfuly joying the seid dolorous and piteous murder of the same noble Prince and worthy Lords to the Realm an heavy and a lamentable sorrow and lost forthwith and oftentimes after openly declared to divers Lords of the same Realm That he would not in any wise kepe the seid Convencioun and accord ne the act thereof made and to the infraccion and violatiation of the said convention and concord not only sent Letters made under his prive Seal unto certain Knights and Squiers commaunding and charging them by the same to spoil and disseise our seid Soveraign Lord by the name of Earl of March of his possession of the seid Earldom and Citee of Chester whereof he was lawfully possessed and seased by vertue and reason of the seid Convencion and Concord but also of extreme violence utter and final breche of his party of the seid convencions and concord sent out writs under his Seal to the Mayer Aldermen and Commonalte of the Citee of London bering date the 22 day of Feverere last past and other like
Writs to divers Officers Governours and Ministers of divers other Citees and to many Shires and Burroughs of the seid Realm to make fals untrue and injust proclamations against our seid Soveraign and Liege Lord K. Ed. the 4th by the name of Ed. late E. of March to provoke and excite his destruction And also by his Letters signed with his hand directed unto the seid Dukes of Excester and Somerset and other Lords refused and denied to keep and observe the seid accord convention and agreement and by the same writing falsifying his promise departed from the same Convention and accord afore either the same our Soveraign Lord or the seid noble Prince his Fader any thing did or attempted to the contrary of the same convention and concord for their partie Be it declared and juged by the seid advis assent and authorite the premises considered that the seid Usurper Henry late called Henry the sixth agenst good faith troth conscience and his honour brake the seid Convention and concord and departed therefrom of wilfull malice long afore the seid fourth day of March as by the matters afore declared it appeareth sufficiently And that the breche thereof on his partie discharged our seid Soveraign Lord of all things that should or might charge him to the keeping thereof in any Article or point after the seid breche And that he was then at his freedom and liberty to use his said right and title of the seid Crownes and to enter into the exercise thereof and of the Royal power dignite and preheminence longing thereunto as he lawfully did in manere and fourm above specified the seid convention and concord and the Acte thereupon made or any thing therein conteined notwithstanding And over this it be declared and juged by the seid advis assent and authorite that the seid agreement concord and Act in all things which been in any wise repugnant or contrary to the seid right title entree state seasen and possession of our Soveraign Lord King Edward the fourth in and to the Crown Royal estate dignite and Lordship above said be void and of no force ne effect And that it be Ordeyned and stablished by the seid assent advis and authorite that every person having any parcel of the seid Castles Manors Lands Honours tenements rents services possessions or hereditaments aboveseid the which were given in exchange or in recompence of or for any other Manors Castles lands tenements rents advowsons fee-farms reversions or any other possessions or enheritaments given to the seid Henry late Earl of Derby to the seid Henry his son late called King Henry the fifth or to the seid Henry his son late called King Henry the sixth or to any other person or persones to or for their or any of their use at their or any of their desire or to perform execute their or any of their wille mowe entre And that they and their heirs and successors entre into the same Manors Castles Lands tenements rents services possessions advowsons or hereditaments so given And them have hold keep joy occupy and inherit of like estate as the giver or givers thereof had them at the time of the gift thereof made though it be so that in any of the Letters Patents or gifts made of any of the premises no mention be made of any recompence or eschange Qua quidem petitione in Parliamento praedicto lecta audita plenius intellecta de avisamento assensu Dominorum Spiritualium Temporalium in eodem Parliam existen ad requisitionem Communitatis praedictae respondebatur eidem modo forma hic Inferius annotatis The King by the advice and assent of the Lords Spiritual and Temporal in this present Parliament assembled at the request of the Commyns being in the same agreeth and assenteth to this Petition and it accepteth with certain moderations provisions and exceptions by his Highness thereupon made and in schedules written and in the same Parliament delivered the tenours of which hereunder follow c. Convenit cum Recordo This Judgement censure repeal in full Parliament of the deposition and proceeding against King Richard the 2. upon the Commons own Petition by this Act never yet reversed as most wicked treasonable unrighteous against Gods Laws and Mans crying for vengeance in Gods hearing in heaven and exemplarily punished upon the whole kingdom Nation and Henry the 4. his posterity on earth with the sad intestine warres miseries that attended it are sufficient arguments of its unlawfulness detestableness against all those who deem it just or allege it for a president to justifie their extravagances of a more execrable and transcendent Nature 16ly It is very observable that Roger Mortimer Earl of March who had the chief hand in deposing murthering King Edward the 2. after he was deposed was in the Parliament of 4 E. 3. condemned and executed for it as a Traytor without any legal trial all his lands confiscated and Queen Isabel her self who concurred with him like to be questioned for her life and abridged in her maintenance Moreover King Richard the 2. Granchild and next heir to King Edward the 3. who imprisoned deposed and invaded his Fathers throne though somewhat against his will was imprisoned deposed proceeded against in the self same manner as Edw. the 2. was by his very president and soon after murdered like as Edw. the 2. was by King Henry the 4. After which king Henry the 4. his Granchild Henry the 6. was also in the self same manner imprisoned deposed attainted of high Treason with his Queen and Adherents in the Parliament of 1 Edw. 4. n. 8. to 33. and at last murdered by Edw. the 4. his procurement to secure the Crown to himself and his Posterity Yet no sooner was King Edw. the 4. dead but his own Brother Richard Duke of Gloucester who by his instigation murdered King Henry the 6. with his own hands procuring himselâ— to be Protector of his son King Edw. the 5. then young getting his Brother and him into his custody by treachery perjury and hypocrisie caused them both to be barbarously murdered to set the Crown on his own head which he most ambitiously aspired after yet seemed unwilling to embrace till enforced to accept it by a Petition and Declaration drawn up by his own Instruments presented to him in the name of the Lords Spiritual and Temporal and Commons of the Realm of England wherein he branded his Brother king Edw. the fourth his marriage as illegal and his issue as illegitimate aspersed his Life and Government as one by whom the Laws of God of Gods Church of the Land and of nature and also the laudable Customs and Liberties of England wherein every English man is inheritor were broken subverted contemned against all reason and justice So that the Land was ruled by self-will and pleasure fear and dread all manner of Equity and Law laid apart and despised so that no man was sure of
his life land or livelihood and many inward discords battels effusion of much Christian bloud and destruction of the Nobles bloud of this land ensued and were committed through all the Realm unto the great sorrow and heaviness of all true Englishmen And then he declared himself undoubted heir and inheritor of the Crown by descent grounded on the Laws of God and Nature and the antient Laws and laudable Customes of this Realm yet for further security superadded another Title of lawfull Election by the three Estates in Parliamen◠then he intayled the Crown upon the issue of his body begotten and declared his son Prince Edward to be his heir apparent to succeed him in the Crown and royal Dignity by Act of Parliament which he ratified with his own royal assent This done he reputed the Crown cock-sure to him and his heirs for all generations Yet notwithstanding all his Machiavilian Policies Power Vigilancy care industry to secure his usurped Royalty by the murther of two Kings and many others some of them most instrumental to advance him to the royal Throne before he had worn the Crown full 3. years Henry Earl of Derby laying Title it and landing in Wales only with 2000 soldiers King Richards own Souldiers Friends and others revolting from him and joyning with the Duke he was slain in Posworth field and lost both his life and Crown together if not his soul for all eternity and by the Statute of 1 H. 7. c. 6. he was declared an Usurper of the Realm So unable are Parliaments themselves to secure Crowns on Usurpers heads or to entayl them for any long continuance on their Posterities as these sad tragical domestick presidents of later times with sundry antienter demonstrate King Henry the seventh having gained actual possession of the Crown as right heir thereunto by the Lancastrian line and espoused the better title of York by marrying the heir female to secure himself and his adherents for the future if any wars should arise about these dubious litigious Titles by Perkin Warbecks or others claims confirmed by several Acts of Parliament and Successions of Kings of both Houses claiming both as next heirs of the antient royal Line not to secure any future Usurpers without just right or title though not of the old bloud Royal if once Kings de facto as Sir Edward Cooke seems to intimate and some ignorant Lawyers assert against the intent and Prologue of the Act it self caused it to be enacted 11 H. 7. c. 1. That from henceforth no person or persons whatsoever that attend upon THE KING and Soveraign Lord of this Land for the time being in his person and do him true and faithfull Service of allegeance in the same or be in other places by his commandment in the warrs within the Land or without shall for the said deed and true duty of allegiance be in no wise convict or attaint of High Treason or other offences for that cause by Act of Parliament or otherwise by any process of Law whereby he or any of them shall lose or forfeit life lands goods chattels or any other things but to be for that deed and service utterly discharged of any vexation trouble or loss And if any Act or Acts or any other process of the Law hereafter thereupon for the same happen to be made contrary to this Ordinance that then that Act or Acts or other process of the Law whatsoever they shall be shall stand be utterly void The reason is rendred in the Prologue That it is not reasonable but against all Laws reason and good conscience that the said Subjects going with their Soveraign Lord in wars attending upon his person or being in other places by his commandment within this Land or without any thing should lose or forfeit for doing their true duty and service of Allegiance This Act which some conceive to be only personal and temporary for Henry the 7. alone could not secure the Heads Lives Liberties Lands Offices Goods or Chattels of those Lords Gentlemen and other English Subjects from Executions Imprisonments Banishments Forfeitures Sequestrations who accompanied assisted our late King in his warrs against the Parliament though King de facto and de jure too without any competitor Both Houses declaring them to BE TRAYTORS and sequestring proceeding against them as Traytor yea our Grandees since have executed them as such in their new erected High Courts How then it can totally indemnify any Perkin Warbecke Jack Cade or apparent Usurpers of the Crown without right or Title who shall per fas aut nefas get actual possession of the Royal throne and be Kings de facto or secure all those who faithfully adhere unto them though to dispossess the King de jure or his right heir of their just royalty and right against all Laws of God man all rules of justice and their very Oathes of Allegiance Supremacy Homage Fealty Protestations Leagues Covenants formerly made unto them from all sutes vexations losses forfeitures whatsoever and null all Act or Acts and legal Process made against them as many Grand Lawyers now conceive it doth transcends both my Law and reason too That opinion of Sir Edward Cooke 3. Instit f. 7. 9 E. 4. f. 1. b. whereon this erronious Gloss is grounded That a King regnant in possession of the Crown and kingdom though he be Rex de facto non de jure yet he is Seignior le Roy within the purview of the Statute of 25 E. 3. ch 2. of Treason and the other King that hath right and is out of possession IS NOT WITHIN THIS ACT. Nay if Treason be committed against a King de facto et non de jure and after the King de jure cometh to the Crown he shall punish the Treason done to the King de facto And a pardon granted by a King de jure that is not also de facto is voyd being no doubt a very dangerous and pernicious Error both in Law and policy perverting those Laws which were purposely made for the preservation of the Lives Crowns Rights Titles Persons of lawfull Kings against all attempts Treasons Rebellions against them and for the exemplary punishment of all Traytors Rebels Usurpers who should rebel wage warr or attempt any Treason Conspiracy against their royal Persons Crowns Dignities Titles into a meer Patronage of Traytors Rebels Usurpers and a Seminary of endless Treasons Assassinations Conspiracies against them by indemnifying exempting both them and their Confederates from all legal prosecutions penalties forfeitures whatsoever if they can but once gain actual possessiō of the Crown by any means upon the forcible expulsion deposition assassination or murder of the King de jure Which if once declared for Law I appeal to all Lawyers Polititians Statesmen whatsoever whether it would not presently involve our kingdoms in endless perpetual Rebellions Usurpations War Regicides as it did the Norwegians heretofore where by a kind of Law and Custom as our
rightfull Kings or their heirs or the Nobles and people of thâ—se Realm their possessions of the Crown being no expiation of their Treasons Regicides but an aggravation of them both in Law and Gospel account unable to secure their heads lives by their own Law and concession since the actual coronation unction and possession of the kings de Jure whom they murdered deposed against their Oaths allegeance duties could neither preserve their crowns persons nor lives from their violence and intrusion To omit he hanging up of Iohn of Leyden who crowned himself a king with his companions for Traytors at Munster An. 1535. with all antient domestick presidents of this kind among our British and Saxon kings it is very observable that in the Parliament of 1 E. 4. n. 17 18. Henry the 6. though king de facto together with his Queen Son Edward Prince of Wales the Duke of Somerset and sundry others were attainted of high Treason for killing Rich. Duke of York at Wakefield being only king de jure and declared heir and successor to the Crown after King Henry his death in the Pâ—rliament of 39 H. 6. n. 18. though never crowned and not to enjoy the possession of it during the reign of King Henry yet Henry the 6. his murder after his deposition was never inquired after though king de facto for sundry years and that by descent from 2. usurping ancestors nor yet reputed Treason After this king Richard the 3d. usurping the Crown and enjoying it as king de facto for 2. years 2. moneths and one day was yet slain in Bosworth field as an usurping bloudy Traytor stript naked to the skin without so much as a clout to cover his privy members all sprinkled over with mire and bloud then trussed like a Hogg or Calf behind a pursuivant and ignobly buried Sir William Catesby a Lawyer one of his Chief Counsellors with divers others were two dayes after beheaded at Leicester as Traytors notwithstanding he was king de facto and no doubt had not king Richard been slain in the field but taken alive he had been beheaded for a Traytor as well as his adherents being the principal Malefactor and they but his instruments So that his kingship and actual possession of the Crown by intrusion did neither secure himself nor his adherents from the guilt or punishment of High Treason nor yet the Act of Parliament which declared him true and lawfull King as well by inheritance and descent as election it being made by a packed Parliament of his own summoning and ratified only by his own royal assent which was so far from justifying that it did make his Treason more heinous in Gods and mens esteem it being a framing of mischief and acting Treason by a Law Psal 94.20 21. which God so much abhors that the Psalmist thence infers v. 23. And the Lord shall bring upon them their own iniquity and shall cut them off in their own wickedness yea the Lord our God shall cut them off as he did this Arch bloudy Traytor and his Complices though king de facto by a Law 9ly Since the Statute of 11 H. 7. c. 1. some clauses whereof making void any Act or Acts of future Parliaments and Legal process against it are meerly void unreasonable and nugatory as Sir Cook himself affirms of Statutes of the like nature there have been memorable Presidents Judgements in point against his and others false glosses on it in favour of Usurpers though King or Queen de facto and their Adherents against the lawfull Queen and heir to the Crown which I admire Sir Edward Cooke and other Grandees of the Law forgot or never took notice of though so late and memorable King Edward the 6. being sick and like to dye taking notice that his Sister Queen Mary was an obstinate Papist very likely to extirpate the Protestant Religion destroy that Reformation which he had established and usher in the Pope and Popery which he had totally abandoned by advice of his Council instituted and declared by his last will in writing and Charter under the Great Seal of England the Lady Jane of the bloud royal eldest Neice to King Henry the 8. a virtuous Lady and zealous Protestant without her privity or seeking to be his heir and Successor to the Crown immediately after his death for the better confirmation whereof all the Lords of his Privy Council most of the Bishops Great Officers Dukes Earls Nobles of the Realm all his Judges and Barons exept Hales the Serjeants and great Lawyers with the Mayor and Aldermen of London subscribed their Names and gave their full and free assents thereto wherupon immediately after King Edwards death July 9. 1553. Iane was publikely proclamed Qu. of this Realm with sound of trumpet by the Lords of the Council Bishops Judges Lord Mayor and Aldermen of London So as now she was a Queen de facto backed with a very colourable Title from King Edward himself his Council Nobles Judges and the other subscribers to it being likewise eldest Neece to King Henry the 8. of the bloud-royal For defence of her person and Title when proclamed Queen and to suppress Mary the right heir the Council speedily raised a great power of 8000 foot and 2000 horse of which the Duke of Suffolk was first made General being her Father but soon after the Duke of Northmberland by Commission from the whole Council in Queen Janes Name who marched with them to Cambridge and from thence to St. Edmunds Bury against the Lady Mary Queen only de jure not de facto But many of the Nobles and the generality of the people inclining to Queen Mary the right heir and resorting to her ayd to Fotheringham Castle thereupon the Council at London repenting their former doings to provide for their own safety on the 20. of June 1553. proclamed Mary Queen and the Duke of Northumberland hearing of it did the like in his Army who thereupon deserted him From which sodain alteration the Author of Rerum AnglicanaruÌ„ Annales printed Lond. 1616. l. 3. p. 106. hath this memorable observation Tali tamen constanti veneratione nos Angli legitimos Reges prosequimur ut ab eorum debito obsequio nullis fucis aut coloribus imo ne Religionis quidem obtentu nos divelli patiamur cujus rei Janae hic casus indicium poterit esse plane memorabile Quamvis enim Dominationis illius fundamenta validissima jacta fuissent cui et summa arte superstructum est quam primum tamen Regni vera et indubitata haeres se Civibus ostendit omnis haec accurata structura concidit illico quasi in ictu oculi dissipata est idque eorum praecipue opera quorum propter Religionis causam propensissimus favor Janae adfuturus sperabatur c. All the Martyrs Protestant Bishops and Ministers imprisoned and burnt by her humbly requiring and in the bowels of our Lord Jesus
l. 1. p. 7. †31 H. 6. c. 1. 39 H. 6. c. 1. (e) In Eutropium l. 1 p. 67. (f) Nubtigensis l. 4. c. 14. (g) See Walsingham Holinshed Speed Stowes Survey of London Trussel Grafton (h) Sleidens Comment l. 7.11 Munsteri Cosmogr l. 3. c. 142. David Chyrraeus Chron. Saxoniae l. 12 13 14. (i) See the Animadversions on the Welsh Remonstrance and answer to Killing no Murder * As at first propounded voted and urged at several conferences See their Declarations and Papers of Feb. and March 17 and 19 1648. (l) Polydor Virgil Speed Holinshed in Anno 1216. See here p. 165. Iudge Dodderidge Mr. Agar Mr. Cambden Joseph Holland in their Treatises of the Antiquity of the Parliaments of England p. 18 19 20 40. 85 87. Sir Walter Raleigh his Prerogative of the Parliaments of England p. 2 3. The Freeholders Grand Inquest p. 13 14. (m) 4 Institutes p. 12. * See Walsingham Hist Angl. Anno 1 H. 4. p. 402. DOMINI in praesenti Parliamento Regis ASSENSU IUDICANT DECERNUNT c. ulterius DOMINI TEMPORALES REGIS ASSENSU IUDICANT DECERNUNT c. (n) Exact Collection p. 321. * Here p. 147. to 161. (2) 1 Instit f. 9 b. 10 b. See 4 Instit p. 6 7. 44 45 46. (3) Seldens Titles of Honor p. 745 746 747 748 749. (4) See my 1. Table to an Exact abridgment c the writs of summons in that abridgement (5) An Exact abridgement p. 549 558 633 636 637 639 640 640. 645 648 649 655 660 661 668. * An Exact abridgement p. 637. Seldens Titles of Honor p. 745. (6) Fitz. N. Brev. f. 165. e. †Num. 16.22 c. 27.16 * Luke 19.42 * Walsingh Trussel Hall Fabian Holinshed Grafton Speed Baker Stow and others * Gal. 3.1 c. 4.15 †Hab. 1.6 9 10 †Ezech. 2.3 to 9. * Nihil est veritatis luce dulcius Cicero Ac. Quaest l. 3. †Prov. 28.23 (c) Deut. 10.17 Psal 136.3 1 Tim. 6.15 Rev. 17.14 c. 19.8 (d) Deut. 31.4 Psal 31.5 Ier. 5.3 Isay 56.24 15. (a) A Remonstrance of many thousand Citizens to their own House of Commons p. 6. The just mans Justification p. 10. Regal Tyranny Discovered A Declaration from his Excellency the General Councel of the Army Jan. 11. 1647. p. 7. Speeches c. at a Conference newly published by Walker printed verbatim out of Dolman the Jesuit his Book condemned formerly as treasonable (b) Regal Tyranny discovered Lilburns Just Man in Bonds p. 1 2. A Pearl in a Dunghil The Free-mans Freedom vindicated An Anatomy of the Lords Tyranny his Argument and Plea before the Committee against the Lords Authority his Petition to the Commons his Letters to Henry Martin Overtons Arrow of Defiance shot into the Prerogative Bowels of the House of Lords his Petition and Appeal A Defiance against Arbitrary Vsurpation The Agreement of the People and Petitions wherein it was presented to the House of Commons An Alarum to the House of Lords See M. Edwards Gangraena part 3. p. 192. to 204. (c) Overtons Petition and Appeal to the High and Mighty States the Knights and Burgesses in Parliament assembled Englands legal Soveraign Power The Remonstrance of many thousands to their own House of Commons A printed Petition now in agitation of many Free-born people to the only Supreme Power of this Realm the Commons in Parliament assembled The Anatomy of the Lords Tyranny An Alarum to the House of Lords See M. Edwards Gangraena part 3. p. 154. to 204. * See M. Edwards Gangraena part 3. where this is fully demonstrated (d) Lilburns Letter to a friend Innocency Truth justified and his late Letters to Cromwell H. Martin Sir Thomas Fairfax and others Englands Birthright Englands lamentable Slavery Another word to the wise Comparata Comparandis Liberty against Slavery The Arraignment of Persecution The Ordinance against Tithes unmounted See M. Edwards Gangraena part 3. p. 109. to 204. (e) See the several Remonstrances from his Excellency and the Army from June til December last 1647. and since in November and January 1648. The Agreement of the people the grand Design Putney Projects (f) Overtons Defiance against all arbitrary usurpation of the House of Lords p. 5 6 15 17 18. his Arrow against all Tyrants p. 6.10 11 12. and others forecited a. b. * See my Historical Collection of the antient Parliaments and Great Councils of England (g) Epist to his 9. Report Institutes on Littleton p. 110.4 Instit c. 1. (h) M. Seldens Titles of Honour part 2. ch 5. where this is abundantly manifested Spelmanni Concil Tom. 1. Truth triumphing over Falshood Antiquity over Novelty p. 36 c. The Freeholders Grand Inquest p. 4. to 20. * See 1 Chro. 19.3 2 Chron 12. c. 6. c. 24.17 c. 32.3 Num. 10.4 Josh 9.15 c. c. 17.4 Num. 32.2 c. 21. (i) See M. Seldens Titles of Honour p. 2. ch 5. 14 E. 3. n. 35. 9 R. 2. n. 16. 20 R. 2. n. 16. 20 R 2. n. 80. 1 H. 4. n. 81. Cooks 3. Instit f. 9.16 with many more (k) 5 R. 2. Star 2. c. 4. 31 H. 8. c. 10. (l) See Litt. c. 10. Sect. 162 164. Cook Ibidem 49 Ass 8. (m) Cook 4. Instit c. 1. Cromptons Jurisdiction of Courts c. 1. * 1 R. 2. c. 4. 8 H. 4. c. 14. 8 H. 5. c. 7. 32 H. 6. c. 15. 1 H. 5. c. 3. ◠1 H. 7.12 2 H. 7.3 2. 5 H. 7. 9 H. 7. 12. 14 H. 6.12 7 E. 4.14 15 E. 15. Cook 1. Instit 250. a. Brook Tit. Parliament Corporations * Psal 47.2 6 7. Ps 95.3 Psal 98.6 Psal 103.19 (n) Exod. 3. 4. 7. (o) Deut. 3 28. Num. 27.16 to 23. Deut. 31.3 to 9.14.23 c. 34 9. Iosh 1. (p) Neh. c. 2. c. (q) 1 Sam. 9.16 c. 10.1.21 Acts 13.21 (r) Psal 78.70 71 72. 1 Sam. 16.2 Sam. 7 8. Acts 13.22 (ſ) 1 Chron. 23.1 c. 28.5 6. 2 Chr. 1.8 (t) 2 Chron. 14.1 c. 17.1 c. 28.27 c. 29. 1. Acts 13.20 21 22. * 2 Sam. 7.12 Psal 132.11 12. 2 Sam. 10.1 1 Kings 14 20.35 c. 15.8.24 c. 16.6.28 c. 22.40 2. Kings 1.17 c. 3.27 c. 8.24 c. 10.35 c. 12.21 c. 13.3.24 c. 14.16.29 c. 15 7.22.38 c. 16.20 c. 19.37 c. 20.21 c. 21.26 c. 24.6 1 Chron. 29.28 2 Chron. 12.16 c. 14.1 c. 17.1 c. 21.1 c. 22.1 c. 23.3 c. 24.27 c. 1.23 c. 27.9 c. 28.27 c. 32.33 c. 33.20.25 c. 36. 1 Jer. 22.11 Isay 19.11 c. 37.38 Matth. 2.2 (v) Num. 11.16 17 24 25 26 27. (x) 1 Chron. 18.15.16 17 c. 26.29 30 31 32. c. 27. c. 28 1. Exod. 18.25 26. 2 Chron. 19.5 to 7. * Iudg. 3.9.15 c. 2.16 Acts 13.20 Num. 27.15 to 23. Exod. 18.25 26. Num. 1.4 to 18. 1 Sam. 8.1 1 Chron. 26.30 32. 2 Chr. 19.5 to the end (y] Gen. 40.40 41 c. Exod. 18.25 Psal 105.21 Acts 8.10 (z) Esther 8. 10 [a] Dan. 2.48 49. [b]
it was shewed to the said John Lord of Gomynes by the said Steward how the said LORDS had assembled and considered of his answer and THAT IT SEEMED TO THE LORDS sitting in full Parliament that without duresse or default of victuals or other necessaries for the defence of the Town Castle of Arde and without the Kings Command he had evilly delivered and surrendred them to the Kings Enemies by his own default against all appearance of right or reason contrary to his undertaking safely to keep the same Wherefore THE LORDS aforesaid here in full Parlia-ADJUDGE YOU TO DEATH And because you are a Gentleman and a Baronet and have served the Kings Grandfather in his wars and are no Liege man of our Lord the King you shall be beheaded without having OTHER JUDGEMENT And because that our Lord the King is not yet informed of the manner of this Judgement the execution thereof shall be put in respite until our Lord the King be informed thereof Loe here two express Judgements given in Parliament by the LORDS alone without King or Commons in case of Treason even against Commoners themselves And an express acknowledgement by the Commons of the Lords right to award Iudgement in these cases without the King or them than which a fuller and clearer proof cannot be desired In the Parliament of 2 R. 2. n. 34 35. Sir Robert Howard knight was committed prisoner to the Tower upon the complaint of the Lady Nevil by the Lords in Parliament for a forcible imprisonment of her daughter to which he was accessory that she might not prosecute a divorce in Court Christian In the 50 year of King Edward the 3. in the Parliament called the good Parliament Sir John Anneslee Knight accused Thomas Katrington Esquire of Treason for selling the Castle of St. Saviour in the Isle of Constantine to the French for an inestimable sum of money cum nec defensio sibi nec victualia defuissent whereupon he was taken and imprisoned but in King Edwards sickness enlarged by the Lord Latymers means as was reported In the Parliament held at London Anno 1380. the 3. of R n. 2. he was again accused by Sir John Anneslee and there resolved that being a Treason done beyond Sea not in England it ought to be tried by duel before the Constable or Marshal of the Realm Whereupon a day of battel was appointed in the Court at Westminster the 7. of June and lists set up On which day in the morning they fought the battel in the presence of the KING Nobles and Commons of the Realm which Walsingham at large describes till both of them were tyred and lay tumbling on the ground where the Esquire got upon the Knight as if he had conquered him Others said the Knight would rise again and vanquish the Esquire Interea Rex pacem clamari prâ—cepit et militem erigâ— The Knight refused to be lifted up as the Esquire was desiring he might be laid upon him again for he was well and would gain the victory if he were laid upon him again When he could not obtain his request being lifted up he went chearfully to the King without help when as the Esquire could neither stand nor go but as two held him up and thereupon was set in a chair to rest himself The Knight when he came before the King rogavis Eum et Proceres ut sibi illam concederunt gratiam ut itâ—rum in loco quo prius posset reponi et armiger super eum Rex vero et Proceres cum vidissent miliâ—em tam animose â—am vivide bellum repetere et insuper magnam summam auri offerre publice ut id posset effici decreverunt eum iterum reponendum armigerum super eum modo universaliter servato quo â—acuerant ante prostrati But the Esquire in the mean time in a swoun fell out of the chair as dead between the hands of those who stood by him Whereupon many running to him chafed him with wine and water but could not recover him till they pulled off his arms Quod factum et Militem victorem probavit Arm gerum esse victum After some space the Esquire reviving opened his eyes and began to lift up his head and to look terribly on every one that stood round about him which the knight being informed of went presently to him in his arms which he never put off and speaking to him et Proditorem et falsum appellans quaerit si iterum audeat Duellum repetere Ille verò nec sensum nec spiritum habente respondendi â—lamatum est pugnam finitam et ut quisque ad propria remearet The Squire was carried to his bed senceless and died the next morning Here we have a Duel ordered by Parliament and the King and Lords Iudges in it not the Commons for a Treason done beyond the Seas not triable here by Law In the Parliament of 4 R. 2. n. 17. to 26. Sir Ralph Ferrers being arested for suspition of Treason on the borders of Scotland was brought into the Parliament before the Lords to answer the same where divers Letters under his hand and Seal as was pretended were produced and read against him sent to the Lord Admiral of France and other French Officers informing them that he in the behalf of the French had made a League and alliance with the Scots and desiring them to make payment of the monies promised him and of his own fee and inviting the French to invade England c. with discoveries of the Kings designs against the French and answers to them Sir Ralph desired Counsel in this case which was denied him These Letters were found by a beggar besides London divers of his familiars were called into the Parliament house before the Lords and likewise the beggar and the whole matter strictly examined The Letters sent by Sir Ralph to the parties beyond Seas and certain Letters sent by them in answer to his were all sealed together and all of one hand and the Seal larger than the Seal of the said Sir Ralph whereupon they seemed to be forged by some of his Enemies for his overthrow himself being once or twice urged to answer Whether the Letters were his or no answered that he did not remember they were his own Letters and that he was ready to approve as the Lords should think fit having formerly offered combate with any that would justifie it from which he was put In conclusion the Lords thought him to be innocent whereupon he was delivered to 4. Earls and 2. Lords who became pledges body for body to answer when he should be called between that and the next Parliament and so he was inlarged The Letters and his Seal were delivered to Sir John Cavendish Chief Justice of England and the beggar being thought privy to this falshood was committed to prison by THE LORDS In the Parliament of 5 R. 2. n. 44 45. Richard Clindow Esquire exhibited a Bill to