Selected quad for the lemma: prince_n
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A54690
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A plea for the pardoning part of the soveraignty of the kings of England
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Philipps, Fabian, 1601-1690.
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1682
(1682)
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Wing P2012; ESTC R9266
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26,002
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72
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he was defamed through the Realm he might be larraigned before his Peers in open Parliamenti unto which the King answered that He would attend the Common affairs and afterward hear others 5 H. 4. The King at the request of the Commons affirmeth the Archbishop of Canterbury the Duke of York the Earl of Northumberland and other Lords which were suspected to be of the confederacy of Henry Percy to be his true Leige-men and that they nor any of them should be impeached therefore by the King or his Heirs in any time ensuing 9 H. 4. The Speaker of the House of Commons presented a Bill on the behalf of Thomas Brooke against VVilliam Widecombe and required Judgement against him which Bill was received and the said William Widecombe was notwithstanding bound in a 1000 pound to hear his Judgment in Chancery And the many restorations in blood and estate in 13 H. 4 and by King E. 4 and of many of our Kings may inform us how necessary and beneficial the pardons and mercy of our Kings and Princes have been to their People and Posterities The Commons accuse the Lord Stanley in sundry particulars for being confederate with the Duke of York and pray that he may be committed to prison to which the King answered he will be advised William de la Poole Duke of Suffolke being in a Parliament in the 28 th year of the Reign of King Henry the 6 th deeply charged by the Commons and not demanding his Peerage but submitting himself to the Kings grace and mercy was only banished for five years Whereupon the Viscount Beaumont in the behalf of the Bishops and the Lords required that the said Judgment without their assent might be no barr to their priviledge of Peerage but no saving at all either requested or granted for or by the Commons And Pardons before Indictments or prosecution have not been rejected for that they did anticipate any troubles which might afterwards happen For so was the Earl of Shrewsbury's in the Reign of Queen Elizabeth for fear of being troubled by his ill willers for a sudden raising of men without a warrant to suppress an insurrection of Rebels Lionell Cranfeild Earl of Middlesex Lord Treasurer of England being about the 18 th year of King James accused by the Lords Commons in Parliament for great offences and misdemeanours fined by the King in Parliament to be displaced pay 50000 l. and never more to sit in Parliament was in the 2 d year of the Reign of King Charles the Martyr upon his Submission to the King and payment of 20000 l. only pardoned of all Crimes Offences and Misdemeanors whatsoever any Sentence Act or Order of Parliament or the said Sentence to the contrary notwithstanding For whether the accusation be for Treason wherein the King is immediately and most especially concerned or for lesser Offences where the people may have some concernment but nothing near so much or equivalent to that of the Kings being the supreme Magistrate the King may certainly pardon and in many pardons as of Outlaries Felonies c. there have been conditions annexed Ita quod stent recto si quis versus eos loqui voluerit So the Lord Keeper Coventry's in the Reign of King Charles the Martyr to prevent any dangerous questions touching the receiving of Fines and other Proceedings in Chancery sued out his Pardon The many Acts of oblivion or general pardon granted by many of our Kings and Princes to the great comfort and quiet of their Subjects but great diminution of the Crown revenue did not make them guilty that afterwards protected themselves thereby from unjust and malicious adversaries And where there is not such a clause it is always implyed by Law in particular mens cases and until the Sovereignty can be found by Law to be in the people neither the King or his people who by their Oaths of Allegiance and Supremacy are to be subordinate unto him are to be deprived of his haute et basse Justice and are not to be locked up or restrained by any Petition Charge or Surmise which is not to be accompted infallible or a truth before it be proved to the King and his Council of Peers in Parliament and our Kings that gave the Lords of Manors Powers of Soke and Sake Infangtheif and Outfangtheif in their Court Barons and sometimes as large as Fossarum Furcarum and the incident Power of Pardons and Remissions of Fine and Forfeitures which many do at this day without contradiction of their other Tenants enjoy should not be bereaved of as much liberty in their primitive and supream Estates as they gave them in their derivatives And though there have been revocations of Patents during pleasure of Protections and Presentations and Revocations of Revocations quibusdam certis de causis yet never was there any Revocation of any Pardon 's granted where the King was not abused or deceived in the granting thereof For in Letters Patents for other matters Reversals were not to be accounted legal where they were not upon just causes proved upon Writs of Scire facias issuing out of the Chancery and one of the Articles for the deposing of King Richard the 2 d. being that he revoked some of his Pardons The recep's of Patents of Pardon or other things were ordained so to signifie the time when they were first brought to the Chancellour as to prevent controversies concerning priority or delays made use of in the Sealing of them to the detriment of those that first obtained them And the various forms in the drawing or passing of Pardons as long ago His testibus afterwards per manum of the Chancellour or per Regem alone per nostre Main vel per manum Regis or per Regem Concilium or authoritate Parliamenti per Regem Principem per Breve de privat sigillo or per immediate Warrant being never able to hinder the energy and true meaning thereof And need not certainly be pleaded in any subordinate Court of Justice without an occasion or to purchase then allowance who are not to controul such an Act of their Sovereign Doctor Manwaring in the fourth or sixth Year of the Reign of King Charles the Martyr being grievously fined by both Houses of Parliament and made incapable of any place or Imployment was afterwards pardoned and made Bishop of St. Asaph with a non obstante of any order or Act of Parliament So they that would have Attainders pass by Bill or Act of Parliament to make that to be Treason which by the Law and antient and reasonable Customs of England was never so before to be believed or adjudged or to Accumulate Trespasses and Misdemeanors to make that a Treason which singly could never be so either in truth Law right reason or Justice May be pleased to admit and take into their serious consideration that Arguments a posse ad esse or ab uno ad plures are neither usual or allowable