Selected quad for the lemma: peace_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
peace_n	commission_n	justice_n	session_n	2,519	5	10.6842	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A91243	A plea for the Lords: or, A short, yet full and necessary vindication of the judiciary and legislative power of the House of Peeres, and the hereditary just right of the lords and barons of this realme, to sit, vote and judge in the high Court of Parliament. Against the late seditious anti-Parliamentary printed petitions, libells and pamphlets of Anabaptists, Levellers, agitators, Lilburne, Overton, and their dangerous confederates, who endeavour the utter subversion both of parliaments, King and peers, to set up an arbitrary polarchy and anarchy of their own new-modelling. / By William Prynne Esquire, a well-wisher to both Houses of Parliament, and the republike; now exceedingly shaken and indangered in their very foundations.	Prynne, William, 1600-1669.	1648 (1648)	Wing P4032; Thomason E430_8; ESTC R204735	72,921	83

Lords who are Freemen of the higest degree may not give judgement against Commoners who are Freemen very learned nonsence we all know that the Lord Chancellour of England Lord Keeper Lord Treasurer Master of the Court of Wards and some of the Iudges of the Kings Courts in Westminster Hall in former times with the Chiefe Iustic●ar and Iustices in Eyre were anciently and of late too as the Earle of Holland and others Peeres of the Realme not Commoners and that all the Peeres of the Realme are in Commissions of Oyer and Terminer and of the Peace yet did wee never heare of any Commoner demurring or pleading thus to any of their Jurisdictions in Chancery Kings Be●ch the Exchequer Chamber Eyres Assises or Sessions Sir I am a Commoner and you are a Peer of the Realme but no Commoner as I am besides you sit here onely in the Kings right doing all in his name and representing his person who is not any Peer but Soveraigne Therefore you ought not to judge my cause not condemne my person nor give any sentence for or against mee it being contrary to Magna Charta which enacts That no freeman should be judged or pressed upon or condemned but by the lawfull judgement of his Peers Certainly no person was ever yet so mad or sottish to make such a Plea before Ignoramus Lilburne And if Lords and Peers may judge the persons and causes of Commoners in the Cancery Kings Bench Exchequer Court of Wards Eyre and at Assises and S●ssions without any violation of this clause in Magna Charta much more may the House of Peers in Parliament doe it who are certainly Peers to Commoners though Commoners be not Peers to them within the meaning of Magna Charta ch 29. Forthly If the Lords in Parliament cannot meddle with or give judgement in Commoners cause without breach of this clause in Magna Charta then why did b See his Innocency and truth justified Lilburne himselfe sue and petition to the Lords as the onely competent Iudges to reverse his sentence in Star-Chamber and give him dammages because it was against this very Chapter of Magna Charta If Lords cannot give judgement in the case of Commoners as now he holds without expresse violation of this Law then h●mselfe in petitioning the Lords to relieve him against the Starre Chamber Sentence because contrary to this very Law and Chapter of Magna Charta was as great a violation of it as his Starr-Chamber censure and his sentence in Starre-Chamber remaines still unreversed because the Lords examining and reversing of it they being no Commoners as hee is but Peers was Coram non judice and meerly void by the Statute of 25. E. 3. St●t 5. ● 4. because contrary to Magna Charta it selfe as hee now expounds it Let him therefore unriddle and assoyle thi● his owne Dilemma or for ever hold his tongue and pen from publishing such absurdities to seduce poore people as he hath don● and exa●perate them to clamour against the Lords for being more favourable in their censure of him then his transcendent Libels and contempts against them deserved Fifthly This Statute is in the dis-junctive by the Lawfull 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 and misdemeanors against them and their authority therefore the Lords in Parliament being the highest and supreamed Tribunall may much more doe it and have ever done it even by this expr●●●e clause of Magna Charta the Law and Custome of Parliament as well as they may give c 〈…〉 judgements in writs of Errour againster for Commons without the Commons consent as himselfe ●oth grant Fifthly It is granted by Lilburne that by this expresse Law ●o f●eeman of England ought to be judged or censured but onely by his Peers and that Commoners are no Peers to Nobl●men nor Noblemen Peer● to Commoners Then by what Law of reason dared he to publish to the world d 〈…〉 That the House of Commons are the Su●reme Power within this Realme and THAT BY RIGHT THEY ARE THE LORDS JVDGES certainly this is a Note beyond Ela a direct contradiction to Magna Charta in this very clause wherein hee 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 ●udges then by Magna Charta c. 29. they are and ought to bee their Peers and if the Commons bee the Lords Peers then the Lords must bee the Commons Peers too and if so then they may lawfully be his judges even by Magna Charta because here he grants them to bee no other then his Peers Loe the head of this great Goliah of the Philistin Levellers cut off with his owne sword and Magna Charta for ever vindicated from his ignorant and ●●ttish contradictory Glosses on it and to convict him of his Errour in affirming the House of Commons to bee by right the Lords judges I might informe him that Magna Charta it selfe ● 1. 20 and Sir Edward Cooke his chiefe Authour in his commentary on them are expresse against him that in the Parliament of 15. c. 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 Temporalities Lands and Tenements Goods and 〈◊〉 seised in the Kings hards and some put to death WITHOVT IVDGEMENT OF THEIR PEERS 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 Temporalities Lands Tenements Goods Chattels nor to bee arrested or imprisoned outlawed exiled nor forejudged nor put to answer NOR TO BE IVDGED BVT BY AWARD OF THE SAID PEERS IN PARLIAMENT which Priviledge 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. 28. F. 3. n. 7. ●0 16. 10 R. 2. n. 7. 8. c. and sundry other Parliament Rolls e See Cook 4. Instit p. 15. ●7 E. 3. 19. And in 11. R. 2. n. 7. All the Lords in this Parliament as well Spirituall as Temporall claimed this their liberty and franchise that all weighty matters in the same Parliament to be after moved TOVCHING THE PEERS OF THE LAND ought to bee determined and judged and discussed BY THE COVRSE OF THE PARLIAMENT and not by the Civill Law nor BY THE COMMON LAWES used in other inferiour Courts of the Relame The which claime and liberty the King most willingly allowed and granted thereto IN FVLL PARLIAMENT And hereupon in the Parliament of 14. R. 2. n. 13. The King and LORDS without the Commons ADIVDGED the Earledome and Seigniory of Richmond to bee forfeited by reason that Iohn Duke of Br●●tany then

at all because some of the Lords were not come by reason of foule weather shortnesse of warning or other publike imployments all their personall 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 the Parliament before they would consult of what the Chancellor propounded to them in the Kings name and behalfe to consider of To recite no more ancient Presidents in the Parliament of 2. Caroli the Earle of Arundell sitting in the Parliament being committed by the King to the Tower of London about his sonnes marriage May 25 1626. without the Houses privity and consent whereby their Priviledges were infringed and the House deprived of one of their Members presence thereupon the Houses of Peeres adjourned themselves on the 25 and 26. of May without doing any thing and upon the Kings refusall to release him they adjourned from May 26. till June 2. refusing to sit and so that Parliament disolved in discontent his imprisonment in this case being a breach of Priviledge contrary to Magna Charta 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 * An Exact collection part 1. 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 Priviledges contrary to the Great Charter If then the Kings bare not summoning of some Peares to Parliament who ought to sit there by their right of Perage or impeaching or imprisoning any Peere unjustly to disable them to sit personally in Parliament be a breach of the fundamentall Lawes of the Realme and of Magna Charta it selfe confirmed in above 40. succeeding Parliaments then the Lords right to sit vote and Judge in Parliament is as firme and indisputable as Magna Charta can make it and consented to and confirmed by all the Commons people and Parliaments of England that ever consented to Magna Charta though they be not eligiable every Parliament by the freeholders people as Knights and Burgesses ought to be and to deny this birth-right and Priviledge of theirs is to deny Magna Charta it selfe and this present Parliaments Declarations and proceedings in the case of the Lord Kimbolton a member of the House of Peers Fifthly The ancient Treatise intituled * See Cooke ● Justit p. 12. for the Antiquity and for the Authority of this Treatise The manner of holding Parliaments in England in Edward the Confessors time before the Conquest rehearsed afterwards before William the Conqueror by the discreet men of the Kingdome and by himselfe 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 ancient as many now take it to be determines thus of the Kings and Lords right to be personally present in all Parliaments The King IS bound by all meanes possible TO BE PRESENT AT THE PARLIAMENT unlesse he be detained or let there from by BODILY SICKNESSE and then he may keep his Chamber yet so THAT HELYE NOT WITHOUT THE MANOUR OR TOWNE WHERE THE PARLIAMENT IS HELD and then he ougth to send for twelve persons of the greatest and best of them that are summoned to the Parliament that is two Bishops two EARLES two BARONS two Knights of the Shire two Burgesses and two Citizens to looke upon his person to testifie and witnesse his estate and in their presence he ought to make a Commission and give Authority to the Archbishops of the Peace the steward of England and Cheife Justice that they joyntly and severally should begin the Parliament and continue the same in his name expresse mention being made in that Commission of the cause of his absence then which ought to suffice and admonish the OTHER NOBLES cheife men in the Parliament together with the evident testimony of the twelve Peers of theirs The reason is BECAVSE THERE WAS WONT TO BE A CRY OR MURMVR IN THE PARLIAMENT FOR THE KINGS ABSENCE BECAUSE HIS ABSENCE IS HURTFULL and DANGEROUS TO THE WHOLE COMMONALTY OF THE PARLIAMENT and KINGDOME WHEN THE KING SHALL BE ABSENT FROM HIS PARLIAMENT Neither indeed OUGHT OR MAY HE BE ABSENT BUT ONELY IN THE CASE AFORESAID After which it followes The Archbishops Bishops and other cheife of the Clergy ought to be summoned to come to the Parliament and Also EVERY EARLE and BARON and their PEERS OUGHT TO BE SUMMONED and COME TO THE PARLIAMENT c. Touching the beginning of the Parliament The Lord the King shall sit in the mi●st of the great bench and is bound to be present in the first and last day of Parliament And the Chancellors Treasurer and Barons of the Eschequer and justices were wont to record the defaults made in Parliament according to the order following In the third day of the Parliament the Barons of the Cinqueports shall be called and after wards the BARONS of England after them the EARLES Whereupon if the Barons of the Cinqueports be not come the Barony from whence they are shall be amerced at an hundred markes and an Earle at one hundred pounds After the same manner it must be done to those who are Peers to Earles and Barons After which it relates the manner of place of the Earles Barons and Peers in Parliament Then addes The Parliament may be held and OVGHT every day to begin at one of the clocke in the afternoone at which time THE KING IS TO BE PRESENT AT THE PARLIAMENT and ALL THE PEERS OF THE KINGDOME None of all the Peers of the Parliament MAY OR OUGHT TO DEPART alone from the Parliament unlesse he have obtained and that in full Parliament leave from the KING and of ALL HIS PEERS so to doe and that with all there be a remembrance kept in the Parliament roll of such leave and Liberty granted And if any of the Peers during the terme of the Parliament shal be sick or weake so as he is not able to come to the Parliament then he ought three dayes together send such as may excuse him to the Parliament or else two Peers must go and view him and if they finde him sicke then he may make a Proxy Of the Parliament the King is the Head the beginning and ending So this ancient Treatise The Statute of 5. R. 2. Parl. 2. ch 4. enacts by COMMAND of the King and ASSENT of the Prelates LORDS and COMMONS in Parliament That all and singular persons and Commonalties which from henceforth shall have the Summons of the Parliament shall come from henceforth to the Parliament in the manner AS THEY BE bound TO DOE and hath been ACCVSTOMED within the Realme of England OF OLD TIME And every person of the said Realme which from henceforth shall have the

of the arduous and ●rgent affaires of the Realme and Church of England as the first clause of the writ Carolus c. quia c. pro quibusdam arduis 〈◊〉 negotiis Nos Statum defensionem Regni nostri Angliae ●●●l●siae Anglicanae concernent quiddam Parliamentum nostrum teneri ●●●●●avimus ibidem cum Praelatis MAGNATIBUS PROCERIBUS dicti Regni nostri COLLOQUIUM HABERIET TRACTARE Tibi praecipimus And the Commons are summoned to performe and consent to those things which shall there happen to be ordained by this Com. Coun. of the Kingdom c. And if they are thus summoned not to treat amongst themselves as an independent and intire Parliament but to confirme and consent to what the King Prelates Great men and Peers the Common Councell of the Realm shall ordaine about such affaires as they must of necessity admit the King Lords and Peers to be altogether as essentiall yea more principall eminent Members of Parliament though not elective as the Knights Burgesses who are but summoned to consent to performe what shall happen there by common advise to ordaine or at least to consult and advise with them as their inferiors not to over-rule them as their superiors and the only Supream power in the Kingdom and if they will totally exclude either King or Lords from Parliament who are distinct essentiall Members of it as well as the Commons and have always been so reputed untill now the Commons may sit alone as Cyphers but not as a Parliament to vote or act any thing that is binding to the people since though in extraordinary cases for the saving of the Kingdome they may securely use extraordinary meanes proceedings yet regularly they are no more a Parliament without the King Lords thē the King or Lords alone are a Parliament without the Commons or the trunke of a man a perfect man without a head or shoulders If * Dyer 61. 62. Cooke 5 Report f. 90. 91. 94. 120. 121. v. 1. Rep. 111. 173 19. R. 8. 9. Br. executors 3. 15 11. 7. 12. 3. be joyntly impowred or commissioned to doe any act by Commission Deed or Warrant any one or two of them can do nothing without the 3d. If many be in Commission of the Peace Sewers or the like and three of the Quorum joyntly act there joyntly if any one of the three be absent all the rest can do nothing In Parliament it selfe If either House appoint a Committee of 3. 5. or 7. to examine act or execute any thing if but one of this number be absent or put out the rest can doe nothing that is legall or valid even by course of Parliament neither can either House sit and vote as a House unlesse there be so many Members present as by the Law and custome of Parliament will make up an House as every mans experience can informe him If these Levellers then will absolutely cut off or exclude the King or Lords from the Parliament they absolutely null and dissolve it and the Act ●or c●ntinuing this Parliament cannot make nor continue the Commons alone together as a Parliament no more then the Lords or King alone without the Commons the King or either House alone being no Parliament but both conjoyned and enlivened with the Kings personall or representative presence The cutting of the head alone or of the head and shoulders altogether destroyes and kills the body Politicke and Parliament as well as the body naturall If the King dies or resignes his Crowne or be deposed the Parliament thereby is actually dissolved as it was resolved in the Parliament of 1. H. 4. n. 1. 2. 3. and 4. F. 4. 44. And so if the Lords or Commons dissolve and leave their House without any adjournment the Parliament is thereby dissolved as the forecited presidents and the latter clause of the writ for the election of Knights and Burgesses manifests And a new kind of Parliament consisting onely of Commoners when the old one onely within the Act for continuing this Parliament made up both of King Lords and Commons is dissolved neither will or can be supported or warranted by the letter or intention of this Law Ninthly All the Petitions of the Commons in all Parliaments since the Conquest to the King or Peeres for their redresse of grivances recorded in many ancient Parliament Roules All Acts of Parliament extant usually runne in this forme * Cooke 4. Instit c. 1. The King with the assent of the Lords Spirituall and Temporall in Parliament hath ordained and be it enacted by the Kings most Excellent Majesty the Lords Spirituall and temporall in this present Parliament assembled The famous Petition of Right 3. Car. so much insisted on beginning thus Humbly shew unto our Soveraigne Lord the King the Lords spirituall and Temporall and Commons in Parliament assembled thus answered by the King Let right be done as is desired The Act of continuing this Parliament made by the King and Lords as well as by the Commons who never intended to exclude themselves out of this Parliament by that Act or that it should continue if either of them were quite dismembred from it with all Acts and Ordinances since Yea the Protestation Solemne League and Covenant taken by the Commons and Lords prescribed by them to all others throughout the three Kingdomes which couple the Lords and Commons alwaies together neither of them alone being able to make any binding Ordinance to the subjects unlesse they both concurre no more than one Member alone of either House can make a House and ranck the Lords alwaies before the Commons and the King before them both so firmely hold forth establish the Lords and Kings undoubted Right to sit and Vote in Parliament and decry this new mounted Monopoly of a sole Parliament of Commons without King or Lords that absolute Soveraigne Power these new Lights have spied out and set up for them in Vtopia that impudency it selfe would blush to vent such mad absurd irrationall Frenzies and Paradoxes as these crackbrain'd persons dare to publish and they may with as much truth reason argue that one man is three that the Leggs and trunke of a man are a perfect man without head necke armes and shoulders or that the Leggs and Body are and ought to be placed above the head neck and shoulders as that the House of Commons are or ought to be an entire Parliament the sole Legislative Power the onely Supreame Authority paramount both King Lords who must not have now so much as a Negative voyce to deny or contradict any of the Commons Votes or Ordinances though never so rash unjust dishonorable prejudiciall or dangerous to the whole Kingdome Tenthly These very Sectaries and Levellers themselves have acknowledged and asserted this Right of Power of the Lords all along this Parliament till of late c See innocency and truth justified p. 74. 75. Mr. Edwards Gangraena part