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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A44187 A letter of a gentleman to his friend, shewing that the bishops are not to be judges in Parliament in cases capital Holles, Denzil Holles, Baron, 1599-1680. 1679 (1679) Wing H2461; ESTC R204379 41,325 145

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authorised by them may be said to represent them and so he did but yet it shews that the Bishops as Bishops and Clergy men could not be there in their persons and that rather than they should be there present such an unusual thing should be admitted as that one Layman who else was no Peer nor had place in the House of Peers to vote there should be chosen by them to have all their Proxies put together and united in him to be disposed of by him as he should think good For it was never done but in this one Parliament there never was in no Parliament before or after such a Procuratorship or Proxy given And in this Parliament of 21. R. 2. it was thrice done first here to Sir Thomas Percy then the Parliament being adjourned to Shrewsbury it was there given it seems by vote only to William le Scrope Earl of Wilts for the words are Sur ce les ditz Prelatz Clergie nomerent ordenerent en Parlement per bouche William le Scrope Conte de Wilts commettant donant a luy pleine poair aussi avant en manere come feust comys a Mr. Thomas le Percy per devant Hereupon the said Prelates and Clergy named and appointed in Parliament by word of mouth William le Scrope Earl of Wilts and gave him the same power as full and in the same manner as before had been granted unto Sir Thomas le Percy Now Percy had it by Commission enrolled which happily was to make it more authentick because he was but a Commoner The third time it was done was in the business between the two Dukes of Hereford and Norfolk when by this Parliament sitting then at Shrewsbury that whole matter was referred to the King to be by him determined by the advice of certain Lords and Commoners there named and to them were joyned the Earls of Worcester and Wilts Procurators for the Clergy This I must say argues a great unanimity in the voting of the Prelates which it seems hath ever been but I must say it was most Unparliamentary never practiced but in that one Parliament of the 21. R. 2. which whole Parliament is repealed and all it did Nulled and made Void by Act of Parliament 1. H. 4. so as it cannot be urged as a Precedent to infer any thing upon it nor can it make any thing to prove a right in the Bishops of being personally present in matters of that nature but rather in my opinion strongly the contrary And one thing more would be observed which is that it seems by the Record that the whole Clergy of England joyned in making this Proctor and not only the Prelates who were Members of the House of Peers which seems very strange But more than all this whatever was done this Parliament signifies nothing the whole Parliament stands repealed by 1. H. 4. and all done in it declared Null and Void 1. H. 4. The Commons had desired that Sir William Rikhill who had been a Judge in the Common Pleas and had been sent by R. 2. to Calais to take the Confession of the Duke of Glocester who soon after was there murthered might be put to answer upon what account he did it He was under arrest for it and was brought into Parliament before the King and the two Houses the Lords Spiritual and Temporal and the Commons then assembled together The whole matter was examined the conclusion was saith the Record Sur ceo chascun Sr Temporel esteant en plein Parlement examine severalment sur la response du dit William dit quil avoit fait loyalnent quil ny avoit en luy aucun coupe Hereupon every Lord Temporal being in full Parliament severally asked concerning the answer of the said William said he had carried himself Loyally and that he had committed no fault There was no charge no impeachment against him so the Bishops might be and were present at his examination as the Commons also were but they must have no hand in giving any Judgment upon it because it might have been a preparatory to an Accusation and an Impeachment if he had not given so good satisfaction as it seems he did in the account he gave of his employment That Parliament Iohn Hall a Servant of the Duke of Norfolk's who had helped to murther the Duke of Glocester at Calais was tried before the King and the Lords Temporal The Record saith Il sembla au Roy a toutz les Srs. Temporels quil avoit deservi davoir si dure mort come la Ley luy pourroit donner Et sur ceo toutz les Srs. Temporelz per assent du Roy adjuggerent quil seroit treinez del Tower-hill jusques a les fourkes de Tyburn c. It seemed to the King and to all the Temporal Lords that he deserved as cruel a death as the Law could inflict And hereupon all the Temporal Lords with the assent of the King gave Iudgment that he should be drawn from Tower-hill to the Gallows at Tyburn c. there to be hanged c. 2 H 4. The first Writ de Haeretico comburendo was agreed upon only by the Lords Temporal it was in the Case of William Santre our St. Stephen the Protomartyr of England the Record is Item cest Mesquerdy un Brief fust fait as Meir Uiscountz de Londres per advis des Srs. Temporelx en Parlement de faire execution de William Sautre Item this Wednesday a Writ was framed by the advice of the Lords Temporal in Parliament directed to the Mayor and Sheriffs of London for the execution of William Sautre I doubt not but the Bishops and Clergy of those times were the chief promoters of this though not appearing to be Actors in it Which yet would not have been a direct condemnation of him as his Judges nor any thing to be determined by them tending to his conviction but only an advice given to the King to make it his Act under the Broad Seal to order his execution yet they then were not to have a hand even in a matter of this nature The same Parliament the Earls of Kent Huntington and Salisbury the Lord le Despencer and Sir Ralph Lumley who for levying War against the King had been taken and executed were by the Lords Temporal declared and adjudged Traitors and their Estates to be forfeited the names of the Lords that made this Declaration and gave this Judgment are there set down the Prince of Wales the first and the Lord le Scroope the last five and twenty in all Not a Bishop amongst them so much as to declare and judge it a Treason though the persons who had committed it were dead before So as it seems they must not have a hand neither in the Antecedent what is Preliminary and Preparatory to the death of a Man nor in the Consequent what is to be done after so far from being the Judges to try or condemn him 5. H. 4. The Earl