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

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Reversment of the former sentence The Lords and Commons accord and so it is expressed in the Roll. When Elizabeth the Widdow of Sir John de Burgo complained in Parliament that Hugh Spencer the younger Robert Boldock and William Clift his Instruments had by duresse forced her to make a writing to the King whereby she was despoiled of all her Inheritance sentence is given for her in these words Pur ceo que avis est al Evesques Counts Barones les auters grandes a tout Cominalte de la terre que le dit escript est suit encounter le ley tout manner de raison si suist le dit escript per agard del Parliament dampne elloques al liure a le dit Elizab. In Anno the fourth of Edward the third Prarl Prim. rot 11. It appears by a Letter to the Pope That to the sentence given against the Earl of Kent the Commons were Parties as well as the Lords or Peers for the King directed their proceeding in these words Comitibus Magnatibus Baronibus alliis de Communitate dicti regni ad Parliamentum illud congregatis injunximus ut super his discercerent judicarent quod rationi justitiae conveniret haberent pro oculis solum deum qui eum concordi c. When in the fortieth yeer of Edward the third the Lords had pronounced the sentence against Richard Lions otherwise then the Commons agreed to The Commons appeald to the King himself and had redresse and the sentence entred to their desires Yet this does not prove that the Kings Power is so farre beyond the Parliaments as that he can do what he will notwithstanding them When in the first yeer of Richard the second William Weston and John Jennings were arraigned in Parliament for surrendring certain Forts of the Kings the Commons were parties to the sentence given against them as appears by a Memorandum annext to that Record In the first of Henry the fourth Although the Commons referred by Protestation the pronouncing of sentence of deposition against Richard the second unto the Lords yet they are equally interressed in it as it appears by the Record For there was made Proctors or Commissioners for the whole Parliament one B. one Abbot one Earl one Baron and two Knights Grey and Erpingham for the Commons and to inferre that because the Lords pronounced the sentence the point of judgement should be only theirs wer● as absurd as to conclude That no authority was left in any other Commissioner of Oyer and Terminor then in the Person of that man solely that speaks the sentence In the second of Henry the fifth The Petition of the Commons importeth no lesse then a right they had to Act and Assent to all things in Parliament and so it was answered by the King and had not the adjournall Roll of the higher House bin left to ●he sole entry of the Clark of that House who either out of his neglect to observe due forme or out of purpose to obscure the Commons right and to flatter them which he immediately served there would have been frequent examples of all times to clear this doubt and to preserve a just interest to the Common-wealth and most conveniently doth it suite with Monarchy to maintain this forme least others of that well framed body knit under one head should swell too great and monstrous Monarchy again may sooner groan under the weight of an Aristocracy as it once did then under Democracy which it never yet either felt or feared FINIS