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A11864 A briefe discourse, concerning the power of the Peeres and Comons of Parliament, in point of judicature written by a learned antiquerie, at the request of a peere, of this realme. Selden, John, 1584-1654.; Cotton, Robert, Sir, 1571-1631. 1640 (1640) STC 22165; ESTC S120646 3,655 12

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two Spencers in the 15. of Edward the second Prelati Comites Barones et les autres Peeres de la terre Communes de Roialme give consent and sentence to the revocation and reversement of the former sentence the Lords and Commons accord and so it is expressed in the Roll. In the first of Edw. the 3. when Elizabeth the widdow of Sir John de Burgo complained in Parliament that Hugh Spencer the yonger Robert Boldock and William Cliffe his instruments had by duresse forced her to make a Writing to the King whereby shee was despoiled of all her inheritance sentence is given for her in these words Pur ceo que avis est al Evesques Counts Barones autres grandes a tout Cominalte de la terre que le dit escript est fait contre ley tout manere de raison si fuist le dit escript per agard del Parliam dampue elloques al livre a la dit Eliz. In An. 4. Edw. 3. it appeareth by a Letter to the Pope that to the sentence given against the Earle of Kent the Commons were parties aswell as well as the Lords 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 his discernerent judicarent quod rationi et justitiae conveniret habere prae oculis solum Deum qui eum concordi unanimi sententia tanquam reum criminis laesoe majestatis morti adjudicarent ejus sententia c. When in the 50. yeere of Ed. 3. the Lords had pronounced the sentence against Richard Lions otherwise then the Commons agreed they appealed to the King and had redresse and the sentence entred to their desires When in the first yeere of Richard the second William Weston and John Jennings were arraigned in Parliament for surrendring certaine Forts of the Kings the Commons were parties to the sentence against them given as appeareth by a Memorandum ānexed to that Record In the first of Hen. the 4. although the Commons referre by protestation the pronouncing of the sentence of deposition against King Rich. the 2. unto 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 E. one Baron 2. Knights Gray and Erpingham for the Commons and to inferre that because the Lords pronounced 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. Hen. 5. 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 is answered by the King and had not the adjournall Roll of the higher house beene left to the sole entry of the Clarke of the upper House who either out of the neglect to observe due forme or out of purpose to obscure the Commons right to flatter the power of those he immediately served there would have bin frequent examples of al times to cleer this doubt and to preserve a just interest to the Cōmon-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 monstrous It may be easily thought for Monarchy againe may sooner groane under the weight of an Aristocracie as it once did then under Democracie which it never yet either felt or fear'd FINIS Liber S. Alban fo. 20. ● An. 44. H. 3. 〈◊〉 orig. sub ●igil A●●H ● Rot. Parl ●● E. 3. vel ● Prelation●● Parliam 1. Ed. 3. Rot 11. 〈…〉 〈…〉 〈…〉