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sin_n apostle_n law_n transgression_n 5,619 5 10.4785 5 true
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A64063 The commoners liberty, or, The English-mans birth-right ... Twysden, Roger, Sir, 1597-1672. 1659 (1659) Wing T3551; ESTC R20848 21,436 38

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aime at an Arbitrary power to carry on their designes that the Lords without any presentment upon Oath or tryall by Iury may upon a bare information and examining of certaine Witnesses proceed against any Commoner whatsoever and that to deny this or not submit unto them is a breach of the Priviledge of the House of Peeres And a great Lawyer of late hath writ a Tract to justifie their Sentencing Fining and Imprisoning any Commoner and handling all who refuse to answer to them and by pen defend their so doing as contemners of their authority ignorant sottish Sectaries illiterate Ignoramus's altogether unacquainted with our Histories and Records c. To which I must needs say to answer once for all that this is not a sincere way of treating the matter in question to make the world beleeve there are none but such as contemne the authority of Parliament ignorant persons and the like which beleeve this when I dare boldly say of such as have studied and understand the question foure parts of five are of that opinion And himselfe pag. 45. holds their indubitable right of Judicature of Commoners to be but in extraordinary cases of Treason Felony Trespasse and Misdemeanors tryable onely in Parliament which if he shall be pleased to enumerate what they are that cannot elsewhere be tryed I shall not much differ with him but that the tryall of such offences might be proper for Parliament but such I confesse I know none And to make that a crime which no knowne Law calls a crime is against the Apostles definition of one Sinne is the Transgression of the Law and againe I had not knowne sinne but by the Law It is likewise against the Lawes of this Land 7. Before I passe farther it will not be amisse to agree upon the Question which is not Whether upon the Petition of the Commons and that passing the Lords House the King assenting to it a Commoner may not be condemned it being indeed then an Act of Parliament such were those of 50 E. 3. against Richard Lions William Ellis c. which were confirmed by the King at Eltham Neither if the King and Lords which I neither affirme nor deny can censure in some cases a man according to Law doth it therefore follow the Lords alone can cause a Commoner to be fined imprisoned or executed It being certaine the King for ratifying any such thing in Parliament must be present in his naturall capacity of which there needs no other instance then the last I mentioned of the 50 E. 3. when the King being sick sent for the Lords and Commons to Eltham which certain he had not done had there been any other practiced way for confirming what he intended to passe besides his owne presence before the Statute 33 H. 8. cap. 21. which yet enacts that every law confirmed in his absence shall be both under his Seale and signed with his hand of which the last is certainly personall Neither is it the Question Whether the Lords can judge such cases as come into their House according to the Statute 14 E. 3. c. 5. Stat. 1. or give Judgement upon a Writ of Error on a Cause legally brought thither out of the Kings Bench. Neither do I impugn but that their opinion is of great Authority in point of Law every circumstance rightly considered before their delivering of it of which an undoubted one I conceive to be the knowing what the Law is by the Judges or other who best understand the thing in question for if otherwise it is contrary to sense to imagine a few Lords of whom not many are usually skilled in the Lawes and being out of the House are but like other men should within those walls as it were by inspiration be the supreame Judicature of the Realme There must at the tryall of a Peere be at least 12. or above who have ever assisting them some of the Judges to advise the Lord Steward and them what the Law is who comming up to the House of Peeres may direct the Judges who have spent much time in studying it what the Law is This is so clear it needs no proof else I could shew where the opinion of the Judges not taken the Judgement of the Lords was soon made voide And in other where being given according to their sense it remaines Law to this day But the Question is whether the Lords alone upon a bare Information for a Triall by Jury they use not nor ever did to my knowledge without the King can Try and Censure any Commoner to his Detriment either in his Person or Estate 8. First And this I conceive they cannot being not certain to be de Vicineto Secondly Because in point of Life no Commoner can ever Try a Lord of Parliament Thirdly Because the party Accused cannot challenge any of the Lords his Tryers c. Fourthly Because it is expresly enacted 4 Edw. 3. that they should never have any power of so doing which because the Act it self is not Printed and is by some said to be onely a Protestation I will therefore for the clearing of it set down at large Concordia ne trahatur in consequentiam Et est affentu accorde par nostre Seignieur leRoy touz les grantz en plein Parlement que tout soit il que le ditz peres cōe juges du Parlemēt empristrent en la presence nostre Seign le Roy a faire a rendre les ditz jugemēts par assent du Roy sur aucuns de ceux que n'estoient pas lour peres ce par encheson de murdre de Seig. Liege destructiō de celui que fut si pres de sank Royall fitz du Roy que per tant les ditz peres q' ore sont ou les peres q' serront en temps avenir ne soient mes tenuz ne charges a rendre jugements sur autre que sur lur peres ne ace faire mes ayent les peres de la terre poer einz de ce pur touz jours soient dischargez quites que les avantditz jugementz ore rendez ne soient tret en ensample n'en consequence en temps avenir pur quoy les ditz Peres puissent estre charges desore a juger autres que lour peres contre la ley de la terre si au tiel eas aveine que Dieu defende An accord lest it should be drawne in consequence It is assented and agreed by our Lord the King and all the great men in full Parliament that however the said Peeres as Iudges of Parliament did undertake in the presence of our Lord the King to give and render the said Iudgements by assent of the King upon some of those who were not their Peeres and that by reason of the murder of our liege Lord and destruction of him who was so neere the Blood Royall and sonne of a King That notwithstanding the Peeres that now are