Selected quad for the lemma: king_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
king_n	abbot_n	parliament_n	prior_n	773	4	10.6117	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A44184	The case stated concerning the judicature of the House of Peers in the point of appeals	Holles, Denzil Holles, Baron, 1599-1680.	1675 (1675)	Wing H2452; ESTC R23969	31,123	92

the 3 d. was questioned Devant les Prelats Seigneurs before the Lords Spiritual and Temporal for Maintenance and medling with Businesses contrary to an Ordinance made 50. E. 3. n. 36. for which they adjudge her to be Banished and to forfeit her whole Estate Sir Ralph de Ferrers 4. R. 2. was brought before the Lords by the Duke of Lancaster who had Arrested him on the Marches of Scotland upon suspicion of High Treason for holding Correspondence with and Adhering to the French the Kings Enemies by reason of a Packet of Letters taken up by a Beggar in a Field near London some from him to the King of France and to some French Lords and some from them to him which the Beggar carried to the Lord Major and the Lord Major to the Kings Councel These Letters were produced in Parlament against him and by him denied Being put to his Trial he desired Counsel which was denied then the Business coming to hearing I l semblast as Srs. du Parlement que le dit Mr. Rauf estoit innocent the Lords declared him Innocent and committed the Beggar to Prison The 7. R. 2. n. 17. Peter de Cressingham and John de Spikesworth were Tried for Surrendring the Castle of Drinkham in Flanders Spikesworth was acquitted and Cressingham committed to Prison The same Parlament Sir William Elmham Sir Thomas Tryuet Sir Henry de Ferriers Sir William de Farnedon and Robert Fitz-Ralph for receiving Moneys of the French who were the Kings Enemies and delivering up Forts into their hands were adjudged to Prison and to a Fine and Ransome at the Kings will Sir William de Farndon to be at the Kings mercy Body and Goods so as the King might take his Life if he pleased 15. R. 2. n. 16. The Serjeant at Arms John de Ellingham is sent by the Lords to fetch up some Persons that had committed a Ryot in the Church of Whitewyk in Lecestershire He brought up the two chief Actors in it Henry Tebb de Threnguston and Robert Grenlowe whom the Lords committed to the Fleet there to remain during the Kings pleasure and where they did remain till they paid a Fine to the King and made Agreement with the Prior of Holland in Lancashire whose the Church was and whom they had in the Church abused and given Bond for their good Behaivour 15. R. 2. n. 17. The Abbot of Saint Osithe sets forth in his Petition how the Parlament before upon his Complaint their Lordships had sent John Rokell to the Tower for Embracery and Maintenance against him that the Duke of Guien and Lancaster had after that made an Award between them and that Rokell did now refuse to stand to that Award The Lords send for Rokell the Duke testifies the Award the Lords charge the Chancellor to see that Rokell perform it That same Parlament Sir William Brian for purchasing a Bull from the Pope directed to the Arch-Bishops of Canterbury and York and the Bishop of London to make Inquiry after some Persons who had broken into his House at London and had taken out several Writings and other things and to Excommunicate them This was Adjudged by the Lords to be Prejudicial to the King and his Crown in Derogation to the Law of the Land a great Contempt to the King and they committed him to the Tower 1. H. 4. The Lords condemn John Hall Servant to the Duke of Norfolk to be hanged drawn and quartered and his Head to be sent and set up at Calez for Murdering there the Duke of Glocester 2. H. 4. n. 2. They send Sir Philip Courtney to the Tower and bind him to the good Behaviour for making a forcible entry upon Lands of Sir Thomas Pomery and for Imprisoning by force the Abbot of Newenham in Devonshire and two of his Monks 11. H. 4. n. 36 37. Several Rioters are complained of and order given upon it for Writs to the Sheriffs to apprehend their Persons and seise upon their Estates and they to answer for their Misdemeanors before the Justices of the Kings Bench to whom Authority is given to end those Businesses All these were Commoners yet they with many others who upon perusing the Journals will be easily found were Adjudged by the House of Peers some to Death some to Prison and some to other Punishments as Fine and Good-behaivour and some ordered to be proceeded against in the Courts below and power given to those Courts to do it which is all one as if they Punished them themselves And all this notwithstanding that Agreement made in the 4 th year of E. the 3 d. which shews that their Intention then was only that they should not be put upon it by the King but not to put it out of their own Power And one thing I must observe by the way that though the Judgements be commonly given in the Kings Name yet it is the Act of the House where the King is always virtually present when they act Judicially not so when they act in their Legislative capacity Therefore sometimes when the King had taken upon him to pronounce a Judgement of himself or rather something like a Judgement the Lords have protested against it as 28. H. 6. n. 50.52 The Duke of Suffolk was Impeached for many Treasonable Matters And not putting himself upon his Peerage but referring himself to the King and to his Order the King then by the Mouth of the Chancellor declared unto him that he should be Banished for Five years and this as the words of the Record are by force of his Submission and by the Kings own Advice and not Reporting him to the Advice of his Lords nor by way of Judgement for the King he said was not in place of Iudgement And though this was but done in such a manner the King even excusing it that it was not by way of Judgement yet because it looked like one the Viscount Beaumont on the behalf of the Lords and by their advice assent and desire protested against it prayed it might be entered in the Parlament Roll that they did so and that it might not turn to the Prejudice and Derogation of them and their Heirs in the Liberty and Freedom of their Peerage So jealous were they then of their Priviledge of Judicature that they would not suffer any thing to Pass not from the King himself that did but looke like a Violation of it But their Predecessors went further than this in Henry the Fourths time for here they suffered the King to have his Desire only with a Salvo to themselves but 5. H. 4. n. 12. they absolutely opposed the King in what he would have done and would do it themselves in another way For the Earle of Northumberland coming into Parlament before the King and Lords and by his Petition acknowledging his Offence that he had done contrary to his Allegience in raising Men and giving of Liveries and therefore begging Pardon and the rather for that upon the Kings Letters he had

no sending of Counsell to the Tower for pleading for their Clients at the Lords Bar no stop of the Current of Justice It was then observed what the Wisdome of our Fore-Fathers had enjoyned Westminster the 2 d. Nemo recedat a Curia Regis sine remedio But if that should be allowed which is pretended and challenged by the House of Commons as their Priviledge if a Member of theirs be concerned though a Man have received never so hard measure though never so erroneous and unjust a Judgement have been given against him in any of the Courts of Westminster Hall for there is the same reason for both for Writs of Error from a Court of Law as from Appeals from a Court of Equity if Priviledge of the Commons House exempts from the one it must exempt from the other there is no help for him he must sit down and lay his hand upon his Mouth and not once whisper but must Recedere a Curia Regis and that the chief Court the supreame Court sine Remedio So here is an absolute failer of Justice which as Sir Edward Cook saith the Law abhors And as it seemes to me it is upon an irrational ground For here is Priviledge of Parlament against the Parlament it self which makes a Parlament Felo de se to give a Priviledge which enervates it's Power a Power which is proper and peculiar to Parlaments the Dernier Ressort by which it helps when no other Court can help This is taken away and cannot exert it self when a Member of the House of Commons is concerned Against the Rule of all Courts for in other Courts as Chancery Kings Bench Exchequer the Officers that belong to those Courts claime a Priviledge to be sued no where else but no Priviledge to free them that they shall not be sued in their own Courts Now the House of Peers is a Court of Judicature as it is a Part of the Parlament Pars constituens of a Parlament and the Members of the House of Commons have Priviledge as they are Members of Parlament and as their House is the other Pars constituens of a Parlament for both together are Partes constituentes Parliamentum and both make but one Parlament though they be two several constituting Parts And it is not rational to think that either of those Parts can be entituled to a Priviledge which shall abridge the other Part from doeing those Functions which are proper and natural to it As if the House of Peers should assume to themselves a Priviledge that the House of Commons could not without their leave and consent first had propose the Raising of Moneys by way of Tax or Subsidy This is against the nature and constitution of our Parlaments and therefore it cannot be imagined to be true that such a Priviledge can belong to the Lords by one that understands any thing of the Nature of Parlaments And truely it is even as great an Absurdity to say that the House of Commons hath a Priviledge to give a stopp to the Lords proceeding in the hearing of a Cause as a Court of Judicature if one of their Members is concerned in it For the hearing of Causes by way of Appeale or of Writ of Error is as proper and as natural to the House of Lords as a Bill of Subsidy to begin in the House of Commons is proper to that House But I have heard it said that this would be destructive to the House of Commons if the Lords could compell their Members to appeare at their Barr and attend their Causes there and if they would not appear commit them as is the use of other Courts For say they as they commit one they may commit more and even fetch them all out of the House to leave none or not a number to attend the Service there But first this is a mischief so unlike ever to happen that one need almost as little fear it as the Skie falling to kill all the Larks if it were so that they should take upon them to commit those that would not appeare and answer For it is not to be imagined that so many would be concerned in Appeals or Writs of Error at one time as that there would not be enough left to carry on the Business of the House since at most perhaps two or three in a whole Session may be concerned And if so small a number should for their particular occasions which they cannot avoid being sued by others be kept for some few dayes from attending the Publick Service the Matter seems not so great since all along this Parlament for twelve or thirteen years together this House hath had the goodness to dispense still with the attendance of at least two hundred of their Members who have remained at their several Homes for their pleasure many all for their private occasions without coming at all to beare their parts of the Houses Service This is more like to be an Inconvenience to that Service then if the Lords should commit two or three single Persons amongst them for not appearing upon Summons when they are sued before them But none of this need be feared For the House of Lords doth not pretend to a power of committing any Member of the House of Commons if they will not appear nor any Body else for not appearing or not answering being sued before them in a Civil Cause If they will not appeare by themselves or by their Atturney and put in their Answer being lawfully Summoned and having no lawful Excuse for not doeing what is required of them and what they ought to do but will stand out in contempt of their Jurisdiction they will proceede to hear the Cause Ex parte and determine it as they did in the Case of the Deane and Chapter of St. Cedde in Lichfield and the Prior of Newport-Pannel upon a Writt of Error 18. R. 2. n. 11 12. c. The Deane and Chapter had the Parlament before preferred a Petition An̄re S r. tres redoute le Roi a les nobles S rs de cest Parlement c. complaining of a Judgement in the Kings Bench by which an Annuity of 20 Mark per ann and an Arreare of an hundred which they had recovered in the Common Pleas was judged against them in the Kings Bench and had prayed a Scire facias for the Prior to appeare returnable this Parlament which was granted And the Prior now Solempniter vocatus non venit being solemnly called appeared not Whereupon the Record saith Decanus Capitulum petierunt Iudicium Parliamenti quod ob defaltam nunc Prioris procedatur ad examinationem Recordi Processus praedicti Brevis de Errore Quod in Parliamento concessum est The Dean and Chapter demand Judgement and that upon the Default of the Prior they will goe on to examine the Business which the Parlament granted They do so and then give Judgement for the Dean and Chapter And in truth there is all the