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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

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nor yet of a Minister as the Objectors falsly pretend who take it for granted as an infallible truth and Maxime of State for then it will follow that neither n Exod 3. 4. 7. Moses o Deut. 3. 28. Nu● 27. 16. 〈◊〉 23. Deut. 31. ● 〈◊〉 9. 14. 23. c. 34. 9. Iosh●● Joshua p Ne● c. 2. c. Nehemiah q 1 Sam 9. 16. c. 10. 1. 21. Saul r Psal 78. 70 71 72. 1 Sam. 1● 2 Sam. 7 8. David ſ 1 Chron. 23. 1. c. 28. 5 6. 2 Chron. 1. 8. Solomon nor any of the t 2 Chron. 14 1. c. 17. 1. c. 28. 27. c. 29. 1. pious Kings of Juda who came to the Crown by Gods immediate designation or by descent succession were just lawful Governours or Kings which none dare aver That the v Num. 11. 16 17. 24 25 26 27. 70. Elders the Princes x 1 Chron. 18. 15 16 17. c. 26. 29 30 31 32 c. 27. c. 28. 1. 2 Chron. 19. 5. 〈◊〉 7. Nobles chief Captains Iudges and Rulers among the Jewes under Moses and their Kings and other Governours and the Jewish Sanhedrin were no lawfull Judges Magistrates Counsellers of State or Members of their generall Congregations Parliaments and assemblies since we read of none of them chosen by the people but onely designed by God himself or made and created such by Kings and Governours and by them called and summoned to their generall congregations assemblies and judicatures as the premised texts and others evidence That y Gen. 40. 40 41 c. Exod. 18. 25. Psal 105. 21. Acts 8. 10. Joseph z Esther 8. 10. Mordecai a Dan. 2. 48 49. Daniel Shadrac Mesec Abednego were no lawfull Rulers or Magistrates because made such even by Heathen Kings not by the peoples choice And that none of the Levites Priests High Priests or Prophets under the Law were lawfull because none of them that we read of made a Levite Priest High-Priest or Prophet by the peoples call but by b Exod. 40. Numb 1 3. 4 1 Chron. c. 23. c. ●5 29 26. 〈◊〉 2● 13. Heb. 5. ● descent and succession in the selfesame Tribe or by Gods own immediate call and appointment as * Mat. 3. Iohn Baptist ⁂ Isa 61. 1. c. 65. 1 Ioh. 20. 21. Heb. 5. 4 5. Christ the * Mar 10. Luke 9. 10. Mar. 28. 19 20. Iohn 20. 21. 1 Cor. 1. 17. Gal. 1. 1. Acts 8. 5. 14 15. ● Case Polit. l. 3. c. 2. Bod● de Repub. l. 2. c. 2 3. Ioan Mariana de Rege Regum Instit l. 1. c. 3 4. Apostles the 70. Disciples and others under the Gospell were made and created Ministers Apostles Evangelists and preaching Elders without the peoples call and yet our opposites dare not deny their Ministery and Apostleship to be lawfull being not of men but of Gods and Christs own call without the peoples Secondly then it will follow that all Hereditary Kingdomes which g Polititians and Divines generally hold the best of Governments all Patents and Commissions in all Empires Kingdomes and States of the world creating Princes Dukes Earls Lords and such like Titles of Honour whereby they are inabled in all Christian Kingdomes to sit in their Parliaments and Assemblies of State and for creating Privy Counsellors Judges Justices and other Magistrates are void null and illegall and so all the Lawes Orders Ordinances made Acts done and Judgements given by them d See M. Seldens Titles of Honor. are void and erroneous because they were not chosen and called to these places and publike Counsells and Judicatures by the people but by the Emperours Kings and Supreme Governours of State and what a confusion such a Paradox as this would breed in all our Kingdomes and in all States and Kingdomes in the world let wise men consider and those fools too who make this Objection 4. Fourthly if there be no lawfull Authority in any State but from the Peoples immediate election then it will necessarily follow that Sir Thomas Fair●ax is no lawfull Generall his Officers and Councell of Warre no lawfull Officers or Councell and Colonell and Lievtenant-Colonell Lilburne no lawfull Colonell or Lievtenant Colonell and ought not to use or retaine these titles as they do because none of them were called and chosen to those places by the People but made such by Commission from the Parliament 5. Fifthly This paradox of theirs touching the peoples choice and call to inable Peers to sit in Parliament or beare any office of Magistracy or Judicature is warranted by no law of God in old or new Testament both which contradict it by no Lawes or Statutes of these Kingdomes or Nations which absolutely disclaime it and enact the contrary by no prescription custome or usage which are all against it by no Originall Law of Nature which as all e Arist Polit. l. 1. Bodin de Repub. l. 1. c. 2. 3 4 5. D. F●eld of the Church l. 1. c. 1 2. Polititians and Divines assert and the Scripture manifests gives every Father a Magisteriall and Judiciall rule and power over his children progeny Family and makes him a King Prince Lord over them without either their choice or call the Father and first-borne of the family being both the King Prince and Lord over it and Priest to it from the Creation till the Law was given as is generally acknowledged by all Divines 6. Sixthly I answer that a particular explicit actuall choice and election by the people of any to be Kings Magistrates Judges Ministers Peeres or Members of Parliament is neither necessary nor convenient to make them just and lawfull except onely when the Lawes of God of Nature of Nations or the Kingdome expresly require it but onely a generall implicit or tacit consent especially when the ancient Lawes of the Land continuing still in full force and the custome of the Kingdome time out of mind requires no such ceremony of the peoples particular election or call in which case the peoples dissent is of no validity till that Law custome be repealed by general consent of the King Lords and Commons in Parliament * Seldens Titles of Honour part 2. Cook 4. Instit c. ● Cambdens ●●it Now the ancient Lawes Statutes Customs of the Kingdom enable all Lords who are Peers Barons of the Realm to sit in Parliament when ever summoned to it by the Kings Writ without any election of the people and if the Lawes and Customes of the Realme were that the King himselfe might call two Knights Citizens and Burgesses to Parliament such as himselfe should nominate in his writ out of every County City and Burrough without the Freeholders Citizens and Burgesses election of them by a common agreement and consent to such a Law and usage made by their Ancestors and submited and consented to for some ages without repeale this Law and Custome were sufficient
Committees and proceedings contrary to the rules of Law and Iustice to right all grieved Petitioners especially such who have waited at least seven yeares space at your doores for reparations relieve poore starved Ireland and raise up the almost lost honor power freedome and reputation of Parliaments by acting Honorably and heroically like your selves without any feare favour hatred or selfe-ends and confining your selves the Commons House to the ancient bounds and rules of Parliamentary Iurisdiction and proceedings and to excell all others as farre in Iustice Goodnesse and publike resolutions as you do in Greatnesse and Authority Which that you may effectually performe shall be the the prayer of Your Lordships in all humble Service W. PRYNNE 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 THe treasonable and destructive designe of divers dangerous Anabaptists Levellers Agitators in the Army City Countrey and of Lilburne Overton their Champions and Ring-leaders in this Seditious Plot to dethrone the King unlord the Lords new-modell the House of Commons extirpate Monarchy suppresse the House of Peers and subvert Parliaments the onely obstacles to their pretended Polarchy and Anarchy are now so legible in their many late printed Petitions Libells Pamphlets and visible in their actings and publike proceedings that it rather requires our diligence and expedition to prevent then hesitancy to doubt or dispute them they positively protesting against and denying both King and Monarchy in their a A Remonstrance of many thousand a●zens to their own House of Commons p. 6. the just mans Justification p. 10. Regall Tyranny Discovered A Declaration from his Excellency and the Generall Counsell of the Army Ian. 11. 1647. p. 7. Speeches c. at a Conference newly published by Walker printed verbatim out of Dolman the Iesuit his Booke condemned Pamphlets and Remonstrances with the Power and Judicature of the House of Peers and their undoubted just Hereditary right to Vote act or sit in Parliament because they are not elected by the people as Knights and Burgesses are asserting b Lilburnes Iust Man in Bonds p. 1 2. A Pearl in a Dunghill The Free-mans Freedome Vindicated An Anatomy of the Lords Tyranny his Argument and Plea before the Committee against the Lords Authority his Petition to the Commons his Letters to Henry Martin Overtons Arrow of Defiance shot into the Prerogative Bowells of the House of Lords his Petition and Appeale A Defiance against Arbitrary Vsurpation The Agreement of the People and Petitions wherein it was presented to the House of Commons An Alarum to the House of Lords See M. Edwards Gangraena part 3. p. 192. to 204. That they are no naturall issues of our Lawes but the Exorbitances and Mushromes of Prerogative the Wenns of just Government the Sons of Conquest and usurpation not of choice and election intruded upon us by power not made by the people from whom ALL POWER PLACE and OFFICE that is just in this Kingdome OUGHT TO ARISE meere arbitrary Tyrants Vsurpers an illegitimate and illegall power and Judicatory who act and Vote in our affaires but as INTRUDERS who ought of right not to judge censure or imprison any Commoner of England even for libelling against them refusing to appeare before them reviling and contemning them and their Authòrity to their faces at their very Barre as Lilburne Overton bost and print they did or breaking any of their undoubted Priviledges And to accomplish this their designe the better they endeavour by their most impudent flattery to ingage the House of Commons against the House of Peers the better to pull them downe stiling and proclaming them in their c Overtons Petition and Appeal to the High and mighty States the Knights and Burgesses in Parliament assembled Englands legall Soveraigne Power The R●monstrance of many thousands to their own House of Commons A printed Petition now in agitation of many Freeborne people to the only Supreme Power of this Realme the Commons in Parliament assembled The Anatomy of the Lords Tyranny An Alarum to the House of Lords See M. Edwards Gangraena part 3. p. 154. to 204. Petitions and Pamphlets The ONLY Supreme legall Judicatory of the Land who ought BY RIGHT to judge the Lords and their proceedings from whom they appeale for right and reparations against the House of Peeres affirming That in the Commons House alone resides the formall and legall Supreme Power of England who ONELY are chosen by the people and THEREFORE IN THEM ONELY is the power of binding the whole Nation by making altering or abolishing Lawes without the Kings or Lords concurrent assents to whom they now absolutely deny any Negative voice making the Commons a compleat Independent Parliament of themselves and therefore present all their Petitions and addresses to them alone without any acknowledgement or notice of the House of Peers to whom they deny any right or title to sit or vote in Parliament unlesse they will first divest themselves of their Peerage and Barons right of Session and submit to stand for the next Knights and Burgesses place in the House of Commons that shall fall void where if they may have any voice or influence the meanest Cobler Tinker Weaver or Water-man shall be elected a Knight or Burgesse sooner then the best and greatest Peer and John of Leyden preferred before King or Prince Charles Sic Sceptra ligonibus aequanti which Petitions and Pamphlets of theirs have so puffed and bladdered up many Novices and raw Parliament-men in the Commons House unacquainted with the bounds proceedings and originall Constitution of Parliaments and the Lawes and Customes of England that they begin to act vote and dispose of the Army Navy c. without and against the Lords not expecting their concurrence contrary to all former proceedings of Parliament the Lords just Priviledges and their own Solemne League and Covenant to maintaine them which may prove destructive to both Houses the Parliament Kingdome and oppressive to their Representatives the people who generally dislike it if not timely redressed and breeds such a deadly feud between the Houses as may ruine them both and the Kingdome to boot The end of these Anabaptists Levellers and Lilburnians being only to * See M. Edwards Gangraena part 3. where this is fully demonstrated destroy the Parliament by setting both Houses at variance they inveighing as bitterly against the power proceedings Ordinances Votes Power Members undue Elections and unequall Constitutions of the House of Commons as the Lords and therefore have so earnestly pressed in their d Lilburnes Letter to a friend Innocency and Truth justified and his late Letters to Cromwell Martin Sir Thomas Fairfax and others Englands Birthright Englands lamentable Slavery Another word to the wise Comparata Comparandis Liberty against Slavery The
Arraignement of Persecution The Ordinance against Tythes unmounted See Mr. Edwards Gangrana part 3. p. 209. to 204. Pamphlets and by some late e See the severall Remonstrances from his Excellency and the Army from June till December last The agreement of the people the grand Designe Put●ey Projects Remonstrances and Engagements from their Confederates and Agitators in the Army a speedy period and dissolution of this Parliament and a new modelling and more equall distribution of Members in the very House of Commons for the future All which Petitions Papers Remonstrances and Pamphlets of theirs tending to the utter subversion of Parliaments the fundamentall Lawes and Government of the Kingdome and introduction of all arbitrary popular Polarchy and Tyranny are rather to be ranked among and more agreeable to the Earle of Straffords and Canterburies Treasons which they exceed by many degrees then to be sleighted or countenanced as they are the keeping up of the honour of Peers and rights and Priviledges of both Houses within their just bounds without interfeiring or incroachment upon one another or invading the peoples just Liberties and Rights being the onely meanes of their and our preservation settlement security upon which consideration I shall endeavour as briefly and fully as I may to vindicate the undoubted Right of the Lords and Peers of this Realme to sit and vote in Parliament notwithstanding they are not elected by the people and make good the right and power of Judicature as well of Commoners as Peers against all cavills of the Anabaptisticall Levellers Lilburnians Sectari●s Agitators and I hope so farre to silence and stop their mouthes if not convince their judgements that they shall never be able to reply again hereto The sum of all they object against the Lords right of sitting voting and judging in Parliament is this f Overtons Defiance against all arbitrary usurpation of the House of Lords p. 5. 6 15. 17. 18. his Arrow against all Tyrants p. 6 10. 11. 12. and others forecited That they sit there only by Patent the Kings will Tenure or descent not onely by the Peoples free Election as the Knights Citizens and Burgesses doe That the people never intrusted nor invested them with any power but the King they represent themselves onely not the Commons and the Sonnes onely of Conquest brought in by the Conquerour of Usurpation not of Choice and Election 1. To this I answer first That our Earls Barons Nobles and Archbishops Bishops and Abbots too who held by Barony sate anciently in all our Parliaments and Generall Counsells and Assemblies many hundred yeares before the Conquest by right of Peerage and Tenure as now they doe as Modus tenendi Parliamentum g Epist to his 9. Report Institutes on Litleton p. 110 4. Institutes c. 1. Sir Edward Cook Vowell h M. Seldens Titles of Honour part 2. ch 5. where this is abundantly manifested Spelma●ni Concil t●m 1. Truth triump●ing over Falshood antiquity over Novelty p. 36 c. The Freeholders Grand inquest p. 4. to 20. and others write and our Historians record therefore this is a grosse mistake That they are the Sonnes of Conquest introduced by the Conquerour the rather because in all Empires and Kingdomes in the world though free and never conquered their Princes Nobles Lords and great Officers of State have ever sate in all their Parliaments Senates and Generall Counsells of State by reason of their Honors and places only without any popular Elections as is cleare by these Texts of Scripture 1 Chron. 13. 1 2. c. 28. 1 2. c. c. 29. 1. 6. 24. 2 Chron. 1 2 3. c. 5. 3. 4. c. c. 23. 2. 3. 20. 21. c. 30. 2. 3. 6. 12. c. 34. 29. 30. c. 35. 7. 8. Neh. 9. 38. c. 10. Esther 1. 13. to 22. Dan. 3. 2. 3. 2 Chro. 29. 30. c. 32. 3. Ezra 9. 1. c. 10. 8. 1 Sam. 5. 8. c. 29. 3. to 10. Psa 68. 27. Prov. 8. 15 16. Isa 19. 11. 12. 13. Jer. 17. 25. c. 26. 11. 16. c. 36. 12. 14. c. 37. 14. 15. c. 38. 4. 25. 27. Dan. 6. 1. 6 7. Jonah 3. 7. Psa 2. 2. Isa 1. 23. 26. compared together and by all Historians and Polititians testimonies 2. Secondly that they sit there onely by the Kings Patent is false for first many Peeres and Nobles have been created in and by i See M. Seldens Titles of Honour p. 2. ch 5. 14. ● 3. c. 35. 9. R. 2. n. 16. 20. R. 2. n. 80 1. H. 4. ● 81. with many more Parliament at the Commons and Peoples earnest Petitions and by Patents confirmed in Parliament of which there are many Presidents Secondly though the Kings Writ or Patent create others of them Peers and Baro●'s without the peoples consent yet the Lawes and Statutes of the Realme made by the Commons consents and approved by the people allow the King this power and authorize and k 5. R. 2. Stat. 2. c. 4 31. H. 8. c. 10. enjoyne Lords and Barons to sit in Parliament when thus created if there be no just exceptions taken to them by the Houses therefore though they are created Lords and Peers and sit in Parliament by the Kings Patent and Writ onely by way of instrument and conveyance yet originally and really they are made and sit there by the Lawes and Statutes of the Realme to which all the people have consented of which more hereafter Thirdly all ancient and new Cities and Burroughs who send Citizens and Burgesses to Parliament and the Divisions of Counties were originally created and invested with this power to elect Citizens Burgesses and Knights for the Parliament l L●e Lit. c. 10. Sect. 162 164. Cook Ibidem 49. Ass 8. only by the Kings Letters Patents and Charters not by the peoples election and choice and none of them do or can choose or send Knights Citizens and Burgesses to Parliament m Cook 4. Instit c. 1. Cr●mptons Jurisdiction of Cou●ts c. 1. 1. R. 1. c 4. 8. H. 4 c. 14 8. H. 5. c. 7. 32. H. 6. c. 15 14 H. 5. c 3 l. 1. H. 7 12 2 H. 7. 13. a. 5. H 7. 9. H. 7. 12. 14 H. 6. 12. 7. ● 4. 14 15. ● 4 15. Coo● 1. 〈◊〉 250. a. without the Kings Writ directed to them but onely by power and vertue of it therefore if the Lords sitting in Parliament be illegall and unwarrantable because they sit onely by Patent and Writs from the King the sitting of Knights Citizens and Burgesses must be so too because they are elected only by the Kings Writ and enabled to elect and choose them only by his Patents the power of * creating Cities Burroughs and Knights being originally in the King as well as the power of creating Lords and Barons 3. Thirdly that the generall election of the people is not absolutely necessarie nor essentiall to the making of a King Magistrate Counseller of State Peer or member of Parliament
said Sommons be he Archbishop Bishop Abbot Prior DUKE LORD BARON Baronet Knight of the Shire Citizen of City Burgesse of Burgh or other singular person or Commonalty do absent himselfe or come not at the said Summons except he may reasonably or honestly excuse himself to our Soveraigne Lord THE KING HE SHALL BE AMERCED and OTHERWAYES PVNISHED ACCORDING AS OF OLD TIME HATH BEEN USED TO BE DONE within the said Realme in the SAID CASE Which relates unto and agrees expresly with that forecited out of Modus tenendi Parliamentum If then all the Judges and Peares in Parliament are bound to attend the Parliament not to depart without the Kings and Houses leave under paine of Amercement and other punishment as this Statute resolves and 3. Ed. 3. 19. Fit 2. C●ron 161. Stamford l 3. c. 1. f. 153. Cooke Instit p. 15. 16. 17. 43 18. E. 3. Mo. 1. 2 8. and 31. H. 6. n. 46. What fine were imposed on absent Lords manifest then questionlesse they ought of right to sit in Parliament else it were the height of Injustice thus to fine them In the tenth yeare of King ● * Graf●o●● Cron. p. ● 〈◊〉 350. 2. this King absented himselfe from his Parliament then sitting at Westminster residing at Eltham about forty dayes and refusing to come to the Parliament and yet demanding from them foure fifteenes for maintenance of his Estate and outward Wars Whereupon the whole body of the Parliament made this answer THAT VNLESSE THE KING WERE PRESENT THEY WOULD MAKE THEREIN NO ALLOWANCE Soone after they sent the Duke of Gloucester and Bishop of Ely Commissioners to the King to Eltham who declared to him among other things in the Lords and Commons behalfe how that by AN OLD ORDINANCE THEY HAVE AN ACT if the King absent himselfe 40. dayes not being sicke but of his owne minde not heeding the charge of his people nor their great paines and will not resort to the Parliament they may then lawfully returne to their Houses And now sir said they you have beene absent a longer time and yet refuse to come amongst us which is greatly to our discontent To which the King answered Well we doe consider that our owne people and Commons goe about to rise against vs wherefore we thinke wee can doe no better then to aske ayd of our Cosen the French King and rather to submit us to him then unto our owne subjects The Lords answered Sir that Counsell is not best but a way rather to bring you into danger c. By whose good perswasions the King was appeased and Promised to come to the Parliament and condiscend to their Petitions and according to his appointment he came and so the Parliament proceeded which else had dissolved by the Lords departure thence in discontent and the Kings wilfull absence Andrew Horne in his Mirrour of Justices in the raigne of King Edward the first writes That our Saxon Kings divided the Realme into 38 Counties over which they set so many Counts or Earles and though the King ought to have no Peers in his land but PARLIAMENTS all Writs and Plaints of the Moneys of the King Queene and their Children and of those especially who otherwise could not have common right of their wrongs These Companions are now called Counts after the latine word Comites For to the Estates of the Realme King Alfred assembled the COVNTS or Earles and ordained by a Perpetuall Law that twice a yeare or oftner they should assemble at London in Parliament to consult of the Government of the people of God Fleta l. 2. c. 2. p. 66. writes thus in the same Kings raigne Habet enim Rex curiam suam in concilio suo in Parliamentis suis PRAESENTIBUS Praelatis COMITIBUS BARONIBUS PROCERIBUS alijs viris peritis vbi terminatae sunt dubitationes judiciorum moris injuriis eversis nova constituuntur remedia And l. 17. c. 17. he writes thus Rex in populo regendo superiores habet Vidilicet legem perfactus est Rex Curiam suam to wit of Parliament videlicet COMITES BARONES Comites enim a Comitia dicuntur qui cum viderint Regem sine froeno Froenum sibi apponere TENENTVR ne clament sabditi Domine Jesu Christe in Chamo froeno maxillas eorum constringe Sir Thomas Smith in his Common-wealth of England * Bracton l. 2. c. 〈◊〉 l. 3. c 9. 〈◊〉 the like in the same words in Henry the 3. his reigne l. 2. c. 1. John Vowel and Ralph Hollinshed vol. 1. c. 6. p. 173. Mr. Cambden in his Britania p. 177. John Minshew in his Dictionary vuell in his Interpreter Title Parliament Powell in his Attornyes Academy and others unanimously conclude That the Parliament consisteth of the KING the LORDS SPIRITVALL and TEMPORALL and the Commons which STATES represent the body of all England which make but one assembly or Court called the Parliament and is of all other the Highest and greatest Authority and hath the most high and absolute power of the Realme And that no Parliament is or can be holden without the King and Lords Mr. Crompton in his Jurisdiction of Courts affirmes particularly of the High Court of Parliament f. 1. c. This Court is the highest Court of England in which the King himself fits in person and comes there at the beginning and end of the Parliament and AT ANY OTHER TIME WHEN HE PLEASETH ORDERING THE PARLIAMENT To this Court come ALL THE LORDS OF PARLIAMENT as well spirituall a● temporall and are severally summoned by the Kings writ at a certaine day and place assigned The Chancellour of England and other great officers or Judges are there likewise present together with the Knights Citizens and Burgesses who all ought to be personally present or else to be amerced and otherwise punished if they come not being summoned unlesse good cause be shewed or in case they depart without the Houses or Kings speciall license after their appearance before the Sessions ended And he resolves that the King Lords and Commons doe all joyntly make up the Parliament and that no Law nor Act of Parliament can be made to binde the subject without all their concurrent assents Sir Edward Cooke not onely in his Epistle before his ninth Report and Institutes on Littleton p. 109. 110. But likewise in his 4. Institutes published by Order of this present Parliament c. 1. p. 1. 2 c writes thus of the high Honorable Court of Parliament This Court consisteth OF THE KINGS MAJESTIE sitting there as in his royall politick capacity and of the three Estates of the Realme viz. Of the Lords Spirituall Archbishops and Bishops being in number 24. who sit there in respect of their Counties or Barronies parcell of their Bishopricks which they hold also in their politick capacity and every one of these when the Parliament is to be holden ought exdebito Justitiae to have a writ of summons The LORDS TEMPORALL Dukes Marquesses Earles
2. 13 R. 2. n. 6 7. 17 R. 2. n. 17 18. 8 H. 4. n. 31. to 92. 11 H. 4. n. 14. 28. 39. 44. 13 H. 4. n. 11. Commons too when ever they recommended Councellors of State to the King in Parliament made choice of f See the Soveraigne Power of Parliaments part 1. and 2. Lords and other Peers for their Privy Councellors and therefore it was thought fit just and equall the King should ever summon them to the Parliament by his Writ without any election of the people Mr. Pryns Truth Triumphing over falshood p. 56. to 70. Stat. de 4 E. 1. c. 2. Lambert Archaion for their own inherent wisdome excellency and worth the Originall cause of advancing and ennobling them at first as is expressed in their Patents and evident by these Scripture texts Esth 1. 13 14. Isay 59. 11 12 13. Jer. 5. 5. c. 10. 7. c. 51. 57. Dan. 2. 48. c. 6. 1 2 3. Gen. 41. 39 40. Psal 101. 21 22. compared together This ground of calling the Nobles to the Parliament is intimated in the very words of the summons Et ibidem VOBIS CUM Coloquium habere tractare de arduis urgentibus Regni Ecclesiae Anglicanae negociis VESTRUM QUE CONSILIUM IMPENSUR c. Et hoc nullatenus omittatis which implies them to be men of wisdome and experience able to counsell and advise the King in all his weighty and arduous affaires both of the Kingdome and Church I could give many instances wherein the Commons in Parliament have extraordinarily applauded the Lords and Peers for their great wisdome and especially desired their wholesome Counsell as persons of greater wisdome and experience then themselves but for brevity sake I shall cite onely two Records one of them most sutable to the present deplorable condition of our State and worthy imitation In the Parliament of 21 Edw. 3. no. 45. William de Thorpe in the presence of the King Prelates Earles Barons and Commons declared that the Parliament was called for two causes The first concerning the Wars which the King had undertaken by the consent of the Lords and Commons against His Enemies of France The second how the Peace of England may be kept Whereupon the King would the Commons should consult together and that within four daies they should give answer to the King and His Counsell what they think therein On the fourth day the Commons declare THAT THEY ARE NOT ABLE TO COUNSEL ANY THING TOUCHING THE POINT OF WAR wherefore they desire in that behalf to be excused And that the King will thereof ADVISE WITH HIS NOBLES AND COUNCEL and what shall be so amongst them determined they the Commons will thereto assent confirme and establish By which it is evident the Commons then reputed the Nobles more wise and able to advise the King in matters of War then themselves who confessed their inability herein and therefore submitted to assent to whatever the Nobles and Councel should therein advise Him 28 Edw. 3. n. 55. The Commons submit the whole businesse of the Treaty of Peace with France TO THE ORDER OF THE KING AND OF HIS NOBLES And ●6 Edw. 3. n. 6. The LORDS only advise the King touching Truce or War with Scotland In the first Parliament of 15 Edw. 3. n. 11. the Commons having delivered in divers Articles concerning the redresse of grievances and publick affaires to the King prayed that unto the Wednesday ensuing their Articles may be committed to certain BISHOPS BARONS AND OTHER WISE MEN there named BY THEM TO BE AMENDED which the King granted whereas the Lords exhibited their Articles 〈◊〉 to the King and the Bishops their Articles apart in this Parliament and protested that they ought not to answer but in open Parliament BY AND WITH THEIR PEERES without joyning with the Commons num 6 7 18 c. 26 27 35 37. which course they held in most following Parliaments I shall conclude with one President more most suitable to the present deplorable condition of our State and worthy imitation In the Parliament of 5 Hen. 4. Rot. Parl. num 9. 10. The Commons having presented to the King in Parliament divers grievances in the ill managing of His Revenues the decay of His Castles Houses and Parks the great poverty and pressures of His Subjects and danger of the Enemies thereupon they most intirely and cordially prayed the King to consider the eminent perils of all parts of the Realm by reason of the Enemies and Rebels of which they had news from day to day and that as the case then stood if such mischiefs were not speedily and graciously remedied and reformed in this Parliament it might fall out upon sodain arivall of Enemies or by some other means this Parliament must of necessity be departed from by all and dissolved so as the Lords and Commons should never re-assemble again to redresse the said Mischiefs and others which God defend And therefore that it would please the King considering the HIGH WISDOMES AND DISCRETIONS OF THE LORDS and that THEY HAD KNOWLEDGE OF MANY PERILS AND MATTERS which could not be so clearly known to the King that he would now in this present Parliament charge ALL HIS LORDS Spirituall and Temporall upon the faith they principally owe to God and the faith Homage and Allegiance which they owe to our Lord the King himself for the aid and salvation of themselves and of all the Realm that the said Lords WOULD COUNSEL and shew Him their advice and WHOLSOME COUNSEL IN THIS BEHALF SEVERALLY INTIRELY without dissimulation or adulation having regard to the great mischiefs and necessity aforesaid And thereupon our Lord the King most graciously with His own mouth in full Parliament charged and commanded as well the Lords as the said Commons that they should do their diligence and shew unto Him their good and wholsome Counsels in this behalf for the aid of Him and all His Realm And after the said Commons in the same Parliament made request to the said Lords that seeing the King had given them such a charge and command and that in so high a manner of Record that they would do their diligence well and loyally to persever the same without any courtesie made between them in any manner as they would answer before the most High and before our Lord the King and to all the Realm in time to come and that the Commons themselves thereupon would do the like on their party Which if both Lords and Commons would now cordially and sincerely promise and ingage to do without self-ends or interests we might see our Church and Kingdome speedily setled in a peaceable and happy condition In brief the Lords in the very Writ touching Knights and Burgesses are stiled The Common Councell of the Kingdome and the Knights Citizens and Burgesses are called to inform and assent to that which they and their King shall Ordain and 5 Ric. 2. Parl. 2. n. 3. 6 R. 2. n. 8 9 11 26.
E. 3. nu 22. 23 E. 3. nu 7. to 17. The sole question men will be Whether the House of Peers have any lawfull power of Judicature in or ●ver the causes and Persons of the Commoners of England in matter civill or criminall so farre as to judge their Causes or censure fine imprison or condemne their persons in any case without the Commons This the ignorant sottish sectaries Levellers seduced by their blinde guides Lilburne and Overton peremptorily deny without the least shadow of truth or reason the contrary whereof I shall infallibly make good to their perpetuall shame and refutation First our Histories Law-books and Records agree that in ancient times our Earls who were called Comites or Counts from the word County had the chief Government and Rule of most of the Counties of this Realmne under the King and that they and the Barons were the proper Judges of the common peoples Causes in the Tournes County-Courts County Barons even by vertue of their Dignities and Offices as our Sheriffes have now in which Courts they did instruct the people in the Lawes of the Land and administer Justice to them in all ordinary and criminall causes For proof whereof you may peruse at leasure M. Seldens Titles of Honour Part 2. c. 5. Sect. 5. Sir Edw. Cookes Institutes on Magna Charta c. 35. His 4. Institutes c. 53 Spelmanni Glossarium Tit. Comites M. Lamberts Archaion Hornes Mirrour of Justices c. 1. Sect. 2 3. If then they were Judges of the Commons and People in the Country by reason of their Honours Dignities even in ancientest times in ordinary Causes there was great right and reason too they should be so their Judges also in all their extraordinary causes as well criminall as civill Secondly The Lords Peers and great Officers of State in respect of their education learning and experience in all proceedings of Justice and State affaires are better able and more fit to be Judges of Parl then ordinary Citizens and Burgesses for the most part especially if chosen out of the Cities and Burroughes themselves for which they serve as anciently they were and still ought to be by the Statutes of 1 H. † 7 R. 2. Parl. 2. n. 19 20. 17 R. 2. n. 17. 5. c. 1. 32 H. 6. c. 15. and the very purport of the writs for their election at the very day de qualibet Civitare Com. predict DVOS CIVES de quolibet Burg● DVOS BVRGENSES imports who have better knowledge and skill in Marchandice their severall Trades then in matters of Judicature Law or State Therefore the Right of Judicature was thought meet even by the Commons themselves to be lodged vested in the House of Peeres who are the 〈◊〉 and fittest of the two rather then in the Commons House as I shall prove anon Thirdly since the division of the Houses one from another which is very ancient and not certainly known when first made the House of Peers hath been ever furnished with the ablest Temporall and Spirituall persons for their Assistants in judgment and advice to wit all the Judges ſ See Modus tenendi Parliamentum Vowell Cowell Crompton Sir Thomas Smith Coke and others 17 E. 3. n. 23. 21 E. 3. n. 7. 7. R. 2. n. 30 31. 9 R. 2 n. 13. 2 R. 2. part 2. n. 27. 31 H. 6. n. 26 27 28. 28 H. 6. n. 6. of the Realm Barons of the Ex●hequer of the Coyse the Kings learned Councell the Masters of the Chancery that are Courtiers or Lawyers the Master of the Rolls the Principall Secretaries of State and other eminent persons for parts and learning and the Procuratores Cleri all which are called by Writ to assist and give their attendance in the upper House of Parliament where they have no voices and are to give their counsel and advice only to the Lords when they require their assistance For proof whereof you may consult the Statutes of 31 H. 8. c. 10 Register 261. Fitz. Nat Bre 229. a. b. M. Seldens Titles of Honor p. 2. c. 5. Sir Edw. Cokes 4. Instit p. 4 5 6 44 45 46. and the Parl Rolls and Authorities there cited by them seconded by our present experience Now the House of Peers being thus assisted with the advice of all the Iudges of England the Kings learned Councell and other ablest to advise them in all Civill or Ecclesiasticall matters were and are in this regard thought fittest by our Ancestors and the Commons themselves in Parl 1 H. 4. n. 79 who have no such assistants to have the principall and sole power of Judicature in all or most civill or criminall causes between Commoner and Commoner that proper for the Parliaments Iudicature by way of relief redresse or censure Fourthly there can be no judgement given in any of the Kings Courts S●e The Preeholders Grand Inquest p. 2 5. but when the King is personally or representatively present sitting upon the Tribunall and where the proceedings are CORAM REGE But the King sits personally and representatively present in the House of Peers not in the House of Cōmons where nothing is said to be done Coram Rege And therefore in the end of most ancient Parl Rolls we find the Title Placita Corona CORAM DOMINO REGE IN PARLIAMENTO SVO c. Therefore the House of Peers only not the Commons are the true and proper judicatory whence the King the supream Judge sits usually in Person Fiftly there can be no legall triall or Judgement given in Parl without examination of witnesses upon oath as in all other Courts of justice But the House of Peers alone have power to give and examine witnesses upon * 7 R. 2. par 2● n. 16. Oath and the whole House of Commons no such power but to take Informations without Oath which they nor their Committees cannot administer unlesse by Order and Commission from the Lords Therefore the power of judicature in Parl is inherent only in the House of Poers and not in the Commons House Sixtly it is a rule both of Law and common Justice * Littleton sect 212. Coke ibid. 4 E. 3 7. 2 H. 6. 10. 14 H. 4. 8. 2 R. 2. 29. 5 H. 7. 8. Bur. Challeng 23 42 71 that no man be an informer prosecutor and judge too of the persons prosecuted and informed against it being against all grounds of justice But the Cōmons in all ancient and in this present Parl have been informers and prosecutors in nature of a t Cokes 4. Instit p. 24. Grand Inquest to which some compare them summoned from all parts of the Kingdom to present publick grievances and Delinquents to the King and Peers for their redresse witness their many impeachments accusations and complaints sent up and prosecuted by them in * 50 E. 3. n. 5. to 37. 21 R. 2. n. 14 15 16. 28 H. 6. n. 14 to 52 31 H. 6. n. 45 64. 38 H. 6. n. 38. former parl
awarded him to the custody of the Marshall and to make fine and ransome at the Kings pleasure Whereupon the Commons REQUIRED by way of petition that he might lose all his Offices and no longer be of the Kings Councell which the King granted The Commons not joyning at all with the Lords in his judgement neither could they so joyne he being a Peer And for the Lord Nevill in that Parliament num 33. he was only accused not judged by the Commons Sixthly The case of 2. H. 5. rot Parl. num 15. that Error is there assigned that the Lords gave judgement without Petition or assent of the Commons is a grosse mistake For the record only recites That Thomas Mountague Earle of Salisbury Sonne and Heire of Iohn Mountague Earle of Salisbury exhibited his petition in Parliament to reverse a judgement given against his said father in the Parliament at Westminster in the second year of King Henry the fourth Whereupon he exhibited certaine reversals of Judgements given in Parliament as making on his behalfe to the Lords consideration reversed for some errors assigned in those jadgements to wit one judgement given against Thomas heretofore Earle of Lancaster before King Edward the second at Pomfract the monday before the feast of the Annuntiation in the fifteenth yeare of his reigne and another Judgement against Roger de Mortymer late Earle of March in the Parliament of King Edward the third the Monday after the Feast of St. Katherine in the fourth yeare of his reigne at Westminster Which judgements being distinctly and openly read and fully understood Jo seemed TO THE KING and LORDS that the case of the death and execution of the said John late Earle of Sarum and of the judgement aforesaid against him given is not nor was like to the case of the executing of the said Thomas heretofore Earle of Lancaster nor to the case of the killing of Roger Earle of March nor to any judgement given against the said Thomas and Roger as aforesaid but that the judgement and declaration had and given against the said Iohn late Earle of Sarum WERE A GOOD JUST and LEGALL DECLARATION and JUDGEMENT Per quod CONSIDERATUM FUIT in praesenti Parliamento PER PRAEDICTOS DOMINOS tunc ibidem existentes DE ASSINSU dicti Domini nostri Regis quod praefatus nunc COMES Sarum NIHIL CAPIAT PER PETITIONEM aut prosecutionem suam praedictam Et ulterius TAM DOMINI SPIRITUALES QUAM TEMPORALE supradicti JUDICIUMET DECLARATIONEM praedicta versus dictum Ioannem quondam Comitem Sarum ut praem●ttitur habita five reddita DE ASSENSU IPSIUS DOMINI REGIS AFFIRMARUNT FORE ET ESSE BONA JUSTA ET REGALIA et ea pro hujusmodi EX ABUNDANTI DISCREVERUNT ADJUDICARUNT TUNC IBIDEM This is all that is mentioned in this Parliament Roll concerning this businesse It appeares by the Parliament Roll of 2 H. 4. num 30. That Thomas Holland Earl of Kent Iohn Holland Earle of huntingdo● Iohn Mountagne Earle of Sarum Thomas Lord de Dispencer and Ralph omely Knight were impeached of high treason before the King and Lords in Parliament for levying actuall Warre against the King to destroy the King and his Subjects and for this taken and beheade and hereupon ALL ●●E LORDS TEMPORALL BEING IN PARLIAMENT BY ASSENT OF THE KING DECLARED AND ADJVDGED all the said persons TRAITORS for leavying Warre against the King and that as Traytors they should forfeit all the lands they had in fee simple the 5 day of Jannary the first yeare of the raigne of the King or after according to the Law of the Land with all their goods and chattells notwithstanding they were slaine upon the said levying of Warre without processe of Law So this Record To reverse this judgement was this Petition of Thomas Earle o● Sarisbury in 2. H. 5. exhibited without the errour assigned as appeares by the Par●iament roll but if it were that the Lords only gave Judgement without Petition or assent of the Commons as Sir Edward Cooke imagins 〈◊〉 the King and Lords who upon solemned bate over-ruled the errour abuses and Petitions and found this judg●ment and Declaration of 2. H. 4. given by the Lords alone with the Kings assent without the Commons TO BE GOOD JVST and LEGALL as they did ex abund●nti is a most undeniable proofe of the King and Lords sole right of JVDGEING and DECLARING HIGH TREASON in Parliament without the Commons as well in case of Commoners as Lords Ralph Lomely being but a Commoner and Knight though the rest were Peers and yet all joyntly adjudged Traytors and declared such only by the King and Lords without the Commons and the Judgement assured to be good by the Commons who in the Parliament of 13. H. 4. num 19. Petitioned the Iohn Lomley might be restored by act of Parliament and made capable to inherit his fathers lands thus attainted to which the King by ASSENT OF THE LORDS SPIRITVALL and TEMPORALL consented Seventhly the Parliament Roll of 28. H. 6. num 18. c. containes onely an Impeachment of High Treason against the King and other great misdemeanors against the Kingdome and wrongs to particular persons comprised by way of Articles in two distinct Bills brought up by the Commons and presented by William Tresham their Speaker to the King in the Lords House the 7. day of February against William de la Pole Duke of Suffolke to which they desired the Duke might give in his Answer by a certaine day which he did absolutly denying the Treason against the King and denying and excusing himselfe of the rest without putting himselfe upon the Tryall of his Peeres The Chiefe Iustice thereupon the 14. day of March by the Kings command asked this Question of the LORDS WHAT ADVISE THEY WOULD GIVE THE KING what is to doe futrher in this matter which advise was deferred till Monday then next following whereon nothing was done in that matter On Tuesday the 17. of March the King sent for all the Lords Spirituall and Temporall then being in Towne being 42. in all into his Inner Chamber within his Palace of Westminster where when they were all assembled hee then sent for the Duke thither who comming into the Kings presence kneeled downe and continued kneeling till the Chancellour of England had delivered the Kings command to him and demanded of him what he said to the Commons Articles not having put himselfe upon his Peerage Whereupon the Duke denyed all the Articles touching the Kings Person and state of the Realme as false and scandalous And so not departing from his said Answers submitted himselfe wholly to the Kings Rule and Governance without putting himselfe upon his Peerage Where thus the Chancellour told him That as touching the great and horrible things contained in the first Bill the King holdeth him neither declared nor charged And as touching the second Bill containing misprisons which are not criminall the King by force of his submission by his owne advise and
Earle of Richmond adhered to the French against his Allegiance This Paradox therefore of his is against all Statutes Law-Books and Presidents whatsoever and Magna Charta it selfe There is onely one objection more of moment remaining Object 3. which is this If the House of Peers may without the Commons fine and imprison Commoners then if their fine and imprisonment be unjust and illegall they shall bee remedilesse there being no superiour Courr to appeale unto which will bee an intollerable slavery and grievance not to bee indured among free-borne people I answer Answ first that no injustice shall or ought to be presumed in the highest Court of Iustice till it bee apparantly manifested Secondly If any such censure be given the party as in Chancery upon just grounds shewed may Petition the House of Peers for a reveiw and new-hearing of the cause which they in justice neither will nor can deny and if they doe then the party grieved may petition the House ef Commons to interceed in his behal●e to the Peers for a rehearing but to discharge or free any Commoner judicially censured by the Lords I have hitherto met with no President in former Parliaments nor power in the House of Commons to doe it who cannot reverse Euro●ous judgements in any inferiour Courts by writ of Errour but the Lords alone much lesse then the judgements of the Higher House of Peers which is par●mount them Though I conceive the House of Peers being the Superiour Authority and onely Iudicatory in Parliament may relieve or release any Commoners unjustly imprisoned or censured by the Commons house or any of their Committees and ought in justice to doe it or else there will be the same mischiefe or a greater in admitting the House of Commons to bee judges of Commoners if there bee no appeale from them to the Lords in case their sentences bee illegall or unjust Thirdly This mischiefe is but rare Cook 4. instit p. 21 22. 4. ● 3. n. 14. Brook and C●nmptons jurisdiction and all Statutes for repealing former Parliaments Acts Iudgements or Attaindors and you may object the same against a sentence given or Law made in Parliament by the King and both Houses because there is no appeale from it or redresse of it but onely in the next Parliament that shall be summoned by petition And there is a greater greevance in ill publique Acts which concerne many then in ●● judgements which concerne but one or two particular persons which yet cannot be repealed but by another Parliament as the Errours and decrees of one generall Counsell cannot bee rectified or reversed but by and till another Generall Counsell meets to doe it The same mischiefe was and is in Errous Iudgements and Decrees given in the Kings Bench Chancery and illegall commitments there for which there is no reliefe out of Parliament but towait till a Parliament be called Finally Hee that suffers by and under an unjust censure will have the comfort of a good Conscience to support him till he bee relieved and therefore he e Luk. ●1 19. 1 Pet 3. 14. He. ●0 32 33 34. must possesse his soule with Patience and rejoyce under his crosse and not raile murmur and play the Bedlam as Lilburne and his Companions Overton Larner and other Sectaries doe against our f ● Pet. 2. 15. to 21 c. 4. ●6 I●●● 53. Saviours owne precept and example then God in his due season will g Psal 3● 37. 46. relieve right them in a legall way whereas their impatience raving and libellous railing Pamphlets and Petitions not savouring of a Christian meek and humble spirit will but create them new troubles expose them unto just and heavy censures and rob them both of the comfort and glory of all their former suffrings against Law and Right Having answered these Objections I shall now earnestly desire all Lilburnes and Overtons seduced Disciples whether Members or others seriously to weigh and consider the premises that so they may see how grossely they have been deluded abused and misled by these two Ignes fatui or New-lights of the Law and Circumscribers of the Lords and Parliaments Iurisdictions which God knowes they no more know nor understand then Balams Asse as the premises demonstrate and I shall seriously adjure them if they have any grace shame or remainder of ingenuity left in them ingeniously to recant and publiquely to retract all their seditiou● rayling Libels and Scurrilous Invectives against the Lords undoubted Priviledges Iurisdiction and Iudicature which I have here unanswerably made good by undeniable Testimonies Histories Records and the grounds of policy and right reason which they are unable to gaine say to undeceive the many ignorant over-credulous poore soules they have corrupted and misled to the publique destrubance of our Kingdomes Peace Isay 9. 16. and let all their followers consider well of our Saviours caution Mat. 15. 14. If the blinde lead the blinde as these blinde-guides doe you both of them shall fall into the ditch and there perish together O consider therefore what I have here written to undeceive your judgements and reforme your practise consider that Dominion Principality Regality Magistracy and Nobility are founded in the very Law of Nature and Gods owne institution who subjected not onely all beasts and living creatures to the soveraigne Lordship of man to whom hee gave Dominion over them Gen. 1. 28 29. c. 9. 2 3 5. by vertue whereof men enjoy farre greater Priviledges then beasts but likewise one man unto another as i Gen. 3. 16. Exod. 20. 12. Ephes 5. 22. to 30. c. 6. 1. to 10. Rom. 13. 1 2 3. Tit. 3. 1. Col. 3. 20 22. 1 Pet. ● 13 14 18 c. 3. 15. Heb. 13. 17. Iosh 1. 16 17 18. Matth. 8 9. children to their Parents Wives to their Husbands Servants to their Masters Subjects to their Kings Princes Magistrates Souldiers to their Captaines Mariners to their Ship-Masters Schollers to their Tutors People to their Ministers which order if denied or disturbed will bring absolute and speedy confusion in all Families Corporations States Kingdomes Armies Garrisons Schooles Churches and dissolve all humane Societies which subsist by order and subordination onely to one another and seeing Monarchy Royalty Principality Nobility yea Titles of Honour and Nobility as Kings Princes Dukes Lords c. are as ancient almost as the world it selfe universally received approved among all Nations whatsoever under heaven See M●st●r Seldens Titles of honour Dr. Hu●●●●es and others of Nob●l●ty Catane●s C●ologus gloriae mundi and honoured with speciall Priviledges as not only all k● eminent Authours and experience manitest but these ensuing Scripture Texts Gen. 12. 15. c. 14. 1. to 10. c. 17. 6. 16. c. 20. 2. c. 21 22 23. c. 25. 16. c. 26. 1. 8. 26. c. 36. 15 16 17 18 29 30 31 to ●3 c. 9. 1 2. c. 41. 40 to 47. c. 47. 2● 26. Exod. 1. 8. Numb 20. 14 c. c 21 1 1● 21 33. c. 22. 7 10 14 15 40. c. 23. 17. c. 7. 2 3 10. c. 16. 2. c. 27. 2. c. 32. 2. Dent. 17. 14 15 16. Iosh 1. 16 17 18. c. 5. 1. c. 8. 9 10 11 12. Iudg. 9. 6 18. 1 Sam. 8. 5 6. 2 sam 11. 2. 1 Kin. 4. 34. c. 10 15 28 29. c. 20. 16. c. 23. 22. Iob. 3. 14. c. 36. 7. Psal 2. 2. 10. Ps 62. 12 14 29. Ps 72. 10. Ps 102. 15. Ps 136. 17 18. Ps 138. 4. Prov. 8. 15 16. Prov. 30. 31. Eccles 10 16 17. Iudg. 3. 5. c. 16. 8 1 Sam. 5. 11. c. 29. 2 6 7. Dan. 4. 36. c. 5. 9 10 23. c. 6. 27. Mat. 8. 9 Mar. 6. 21. c. 10. 42. 1 Cor. 8. 5. Rom. 61. 1 2 3 4. 1 Tim. 2. 1 2. Tit. 3. 1 2. 1 Pet. 2. 13 14 15. Acts 9. 27. which I wish our Sectaries Lovellers and Lilburnists to consider and study with the others forecited it will be a meer desperate folly and madnesse in any man to prove Antipodes to this instituiion of God Nature Nations to run quite contrary to all meu and to levell the head neck shoulders to the feet the tallect Cedars to the lowest Shru●s the roofe of every building to the foundation stones the Su●ne Moone Starres Heavens to the very Earth and center and even men themselves to the meanest beasts I shall therefore conclude with Saint Pauls serious admonition which these refractory persons have quite forgotten Rom. 13. 1 2 3. Let every soul be subject to the higher Power for there is no po●er but of God the powers that be are ordained of God whosoever therfore resisteth much more oppugneth abolisheth the Power resisteth oppugneth abolisheth THE ORDINANCE OF GOD and t●ey that resist oppugne or endeavour to abolish these powers shall receive to themselves DAMNATION for Rulers are not a terrour to good workes but to the evill and wherefore YE MVST NEEDS BE SVBIECT NOT ONLY FOR WRATH but also FOR CONSCIENCE SAKE And for this cause pay you tribute also for they are Gods Ministers attending continually on this very thing Render therefore to all such higher Powers their dues tribute to whom ribute custome to whom custome feare to whom feare HONOVR to whom HONOVR IS DUE which Saint Peter likewise seconds almost in the selfe-same words which you may doe well to peruse and study 1 Pet. 2. 12. to 20. and then you will never dare to question or dispute any more the Power Iudicatory Priviledges of the Right Honourable House of Peers much lesse to Revile and Libell against their persons as now you doe to the infinite Scandall of your Schismaticall faction and Religion it selfe which you professe onely in shew but deny in deed and practise FINIS