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justice_n chief_a henry_n king_n 3,172 5 3.7758 3 false
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A75319 The antient land-mark skreen or bank betwixt the prince or supreame magistrate, and the people of England. By the right of inheritance which the nobility & baronage of England have to sit in the House of Peers in Parliament. 1659 (1659) Wing A3068; Thomason E972_9; ESTC R34 7,893 20

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against the King being by act of Parliament in Anno 50. H. 3. disinherited and the lands of many of them given away or sold and the Dictum de Kenilworth in 51. H. 3. admitting them to a composition Wake Hastings Vescy Gray Nevill Barons and Robert de Vere Earl of Oxford and many other of the Nobility having compounded did without any new grant of their E●rldomes and Baronies retaine all their Parliament priviledges Andrew de Astely the Sonne and Heir of Sir Thomas de Asteley a Baron slain at the Battell of Evesham against the King was after his Fathers deathin 49 H. 3. summoned as a Baron to Parliament in severall Parliaments in the raigne of King E. 1. 16 Richard the 2. 16 R. 2. Act. 15. the King granting and restoring to Sir Aubrey de Vere Unckle to Robert de Vere Duke of Ireland and Earl of Oxford in Parliament the Name Title Estate and Honour of Earl of Oxford which was forfeited by the attainder of the said Duke to hold to him and his heires Males caused him to be put as the words in the record thereof in French beares it en son lieu ovesquè les Peeres in his place with his Peeres The clayme in Parliment in xi H. 6. Rot Parl. 11. R 2 m. 9. n. 32 33 34 35. of the Earl of Arundell to sit in Parliament where it was adjudged that he and his Heires Earles of Arundell should have locum sedem the place of Earls of Arundell in Parliament as they had formerly And the like adjudged in Parliament in the Controversie betwixt William Earl of Arundell and the Earle of Devonshire in 27. H. 6. Parl. 27 H. 6. Art 18. All which with the priviledge granted of old unto the English Nobility to kill a Buck or Deer in any of the Kings Forrests and Chases in their going to the Parliament or to have no Wages for the Knights of the Shires which served in Parliament to be levyed of such of their Lands as were parcell of their Earldomes and Baronies The Act of Parliament of 14. E. 3. cap. 5 for redressing in Parliament the delayes in Judgements of other Courts the Act of 31. H. 8. Cap 10. giving the Earles and Barons their place of Antienty in the Parliament and all the Acts of Parliament which we have had from the first being and methodizing of our Lawes from the Brittish times untill the latter end of 1648. All our Restorations of antient Barons and bringing them into Parliament by virtue of Entailes of Earldomes and Baronies or otherwise and all our Records and Journalls of Parliament do plentifully shew that they had an Inherirable right to sit in those Assemblies And cannot be supposed to represent the Commons in Parliament whose first summoning thither either by H. 1. or H. 3 was meerely by the Kings writts or Summons and not by any Act or order of Parliament When as the Nobillity were ever a distinct Estate by themselves and the Commons did after their calling or being summoned to Parliament represent onely for their owne estate and degree agitate their Votes and busines apart Elect their Knights of the Shire and Burgesses to consent and represent for them send Messages and desire Conferences with the Lords stand bare whilst they sit coverd and receive Bills from them And that the Commons were never authorized or accompted to represent for the Nobility by any Law Record Constitution legall Custome or Usage of this Nation as yet to be found or extant And that if the Lords had represented the Commons or any other than themselves the Commons would have taken more care of themselves than to have voted them dangerous or uselesse And howsoever that the later Letters Patents or creation of Earles 11. R. 2. pat 3. m. 15. Pat. 23. H. 6. part 2 m. 20. Viscounts and Barons as that of Sir John Beauchamp Baron of Kidderminster the first which was created by Letters Patents in 11 R. 2. of the Lord Beaumont in 23. H. 6. and the succeeding ages have been so punctuall and carefull as to grant in speciall words to them and their Heirs Males Sedem locum vocem in Parliamentis publicis Comitiis Conciliis Place and Voice in Parliament Yet it was as much before the right of the Baronage of England upon that accompt Ralph de Monthermer who married Joane Countesse of Glocester and divers others in the right of their Wives did sit in Parliament aswell as enjoyed their Baronies And it is to be remembred That Sir Edward Cook in his Institutes Cookes instit printed by Order of Parliament saith that the Lords and Peeres are to have their Writts or Summons Ex debito Justitiae Rushworth historicall collections 240. which was not denyed the Earl of Bristoll upon his petition for his Writs or Summons in 2 Carol. That in the begining of our late civill and unhappy warrs there was no small use made of an Argument to justifie them taken out of some words in Bracton which as to the superiority of the house of Peers over the King was something too much strained and beyond his expresse words in other places who was a Lord Chiefe Justice Bracton lib. 2. Cap. 16.36 in the raign of King Henry the third that Rex hahet superiorem Deum Legem per quam factus est Rex Curiam seilicet Comites Barones The King hath his Superiours God the Law and his Court of Earles and Barons That the Parliament Exact Collection 846.528 in their Remonstrance of the state of the Kingdome in December 1641. did alleage that the Peers were the Kings great Councell In which Parliament they also declared but what can we the Commons do without coniunction of the house of Lords That the trienniall Parliament ordained in Anno 1641. To be called once in every three yeares is to be holden by the King or Supreame Magistrate and Lords and Commons And that the power thereby given to the people to make elections of the members and to assemble in Parliament if the King or Supreame Magistrate should omitt or refuse to do it cannot be made use of or put in execution with any safety to the people who by the Act of Parliament for a trienniall Parliament are only allowed and authorized to do it or any Lawes which shall be made in such a Trienniall Parliament be valid or binding If it shall not be called and holden accord ing to the directions of that Act of Parliament or pursue the very prescript form and allowance thereof That it was likewise enacted by the assent of the Lords and Commons in that Parliment that that Parliment should not be dissolved or ad jorned unless it should be by Act of Parliament to be passed for that purpose and that the house of Peeres should not at any time dureing that Parliament be adiourned unless it be by themselves and their own order and that every thing and things