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A67870 A briefe discourse, concerning the power of the Peeres, and Commons of Parliament, in point of judicature written by a learned antiquerie, at the request of a peere, of this realme. Selden, John, 1584-1654. 1640 (1640) STC 22166; ESTC R212268 3,659 10

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the second Prelate C●mites Barones et les autres Peeres de la 〈◊〉 Commun●s de Roialme give consent and sentence to the revocation ●eversement of the former sentence the Lords and Commons accords and so it is expressed in the Roll. In the first of Edward the 3. when Elixabeth the Widdow of Sir Iohn de Burgo complained in Parliament that Hugh Spencer the younger Robert Bold●●k and William Cliffe his instruments had by duresse forced her to make a Writing to the King whereby she was despoyled of all her inheritance sentence is given for her in these words 〈◊〉 〈◊〉 avis est al 〈◊〉 Counts Barones autres grand●s a tout C●mmin●●●● de la terre que le dit escrip● est fait contre 〈◊〉 〈…〉 per agard de● Parliam●dam sue elloques al livre a la di● 〈◊〉 In An. 4. Edward 3. it appeareth by a Letter to the Pope that to the sentence given against the Earle of Kent the Commons were parties as well as the Lords and Peeres for the King directed their proceedings in these words Comitibus Magnatibus Baronibus aliis de Communitate dicti Regni ad Parliamentum illud congregatis injunximus ut super ●is discernerent judicarent quod rati●ni et justitiae conventret habere prae 〈◊〉 solum Deum qui cum concordi unanimi sententia tanquam r●rum crimmis 〈◊〉 majestatis m●rti adjudicarent ejus sententia c. When in the 50. years of Edward 3. the Lords had pronounced the sentence against Richard Lyons otherwise then the C●mmons agreed they appealed to the King and had 〈◊〉 and the sentence ●●tred to their desires When in the first yeare of Richard the second William West●n and Iohn ●ennings were arraigned in Parliament for surrendring certaine ●ores of the Kings the Commons were parties to the sentence against them given as appeareth by a Memorandum annexed to that Record In the first of Henry the 4. although the Commo●s referre by protestation the pronouncing of the sentence of deposition against King Richard the second u●to the Lords yet are they equally interessed in it as it appeareth by the Record for there are made Proctors or Commissioners for the whole Parliament one B. one Abbot one 〈◊〉 Baron and 2. Knights G●●y Erpingham for the Commons and to in●er that because the Lords pronounceth the sentence the point of judgement should be onely theirs were as absurd as to conclude that no authority was best in any other Commissioner of Oyer and Terminer then in the person of that man solely that speaketh the sentence In 2. Henry 5. the Petition of the Commons importeth no ●sse then a right they had to act and assent to all things in Parliament and so it is answered by the King and had not the adjournall Roll of the higher house beene left to the sole 〈◊〉 of the Clarke of the upper House who 〈◊〉 out of the neglect to observe due forme or out of purpose to obscure the Commons right and to flatter the power of those he immediately served there would have beene frequent examples of all times to cleere this doubt and to preserve a just interest to the Common-wealth and how conveniently it suites with Monarchy to maintaine this forme lest others of that well framed body knit under one head should swell too great and monstruous It may be easily thought for Monarchy againe may sooner groane under the weight of Aristocracie as it once did then under Democracie which it never yet either felt or fear'd FINIS 〈…〉 〈…〉 〈…〉 〈…〉 Parl. Ann. 5. E. 3. Par. Ann. 1. Richa 2. 11. 3. 8. and 3 5. Rot. Parl. An. 2. H. 6.