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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A56189	A plea for the Lords, and House of Peers, or, A full, necessary, seasonable enlarged vindication of the just, antient hereditary right of the earls, lords, peers, and barons of this realm to sit, vote, judge, in all the parliaments of England wherein their right of session, and sole power of judicature without the Commons as peers ... / by William Prynne.	Prynne, William, 1600-1669.	1659 (1659)	Wing P4035; ESTC R33925	413,000	574

very year-books of 22 E. 3. f. 18. a. where a Juror in the Grand Assise was challenged because he was a Baner or Baron and this Challenge not allowed car sil soit a BANER ne tient pas per BARONI il seruera in l'assise By 48 E. 3. f. 30 b. Brook Challenge 37. where Sir Ralph Everden Knight brought a writ out of Chancery and also a privy Seal to the Justices rehearsing that he was a Baron and commanding them to discharge him from being sworn in Assises because Barons ought not to be sworn in any Enquest or recognisance against their wills Whereupon Judge Belknap examined him Sil tient per Borony sil avera tout ceo temps Venus a Parlement come Baron duist vener who answered That he held by a certain part of a Barony and that he and his Ancestors had alwayes held so After which upon good advice he was discharged The tenure by Barony and comming to Parliaments in Belknaps opinion being that which makes men Barons not the general writ of Summons unless they held by Barony which Opinion is fortified by An. 3 H. 3. Fitzh Prescription 56. M. 4 H. 3. Dower 180. M. 23 H. 3. Partition 18. Tr. 18. 2 E. 2. Fitz. Assise 383. 39 E. 3.35 b. 34 H. 6.50 Trial. 18.35 H. 6.40 a. Sir Edward Cooks 4 Instit p. 47. Gilbert de Vmphrevils case with what Sir Edward himself hath observed in his 4 Instit p. 5. which I thought fit to add for further clearing of this moot-point to what I have herein collected touching this Subject 5ly I have here p. 57. to 132.243 to 258.264 to 267. 192. to 206 c. produced many memorable presidents and Records of our Lords and Barons magnanimous strenuous unanimous oppositions of all Regal and Papal Usurpations Oppressions Exactions Encroachments on the peoples Liberties or properties in former ages in our Parliaments of their care vigilancy industry courage to gain retain confirm and perpetuate to posterity those Grand Charters of our Liberties and Fundamental Laws privileges franchises which we formerly enjoyed by their valour and so long contested for both in Parliaments and the field against the late King with the prodigal expence of much Christian bloud and many Millions of Treasure Which yet now at last are almost totally lost betrayed deserted disowned both by the Nobility Gentry Lawyers Clergy and Commonalty of the Nation through base unworthy unchristian unEnglish ignoble fear and cowardise to their eternal infamy and reproach unless the God of the spirits of all flesh shall infuse new life and English Spirits into their spiritless stupid timorous faint-hearted slavish and almost despairing Souls by the serious contemplation of those heroick presidents of their ancestors here represented to their view especially when publikely assembled in Parliament and pressed to burden the people with new Aydes and Taxes though very rare small and inconsiderable in respect of the manifold heavy incessant Taxes Excises Imposts which we have for many years last past susteined to fight our selves into greater slavery beggary confusion every year than other and hasten the total and final desolation of Church State Religion Laws Liberties Parliaments kingdom if God of his infinite goodness prevent it not by induing the Lords of the Great Council of Parliament and all the Nobility Clergy Lawyers Gentry Commonalty and Soldiery of the Land with Grace wisdom understanding magnanimity unanimity and activity to know and pursue in this their day the things which belong to their peace liberty ease and settlement which shall be my daily Letany for them 6ly I have here published to your view the Articles proceedings ●udgements in Parliament against the two Spencers Roger M●rtimer Earl of March King Edward the 2. and Richard the 2. out of the Records themselves more fully truly than they are related by our vulgar Historians to rectify some mistakes in them and presented you with the memorable petition of the Commons and the Kings answer thereunto in the Parliament of 1 Edw. 4. setting forth his pedegree Title to the Crown at large disproving the Titles of Henry the 4 5 6. branding them as meer Usurpers condemning Henry the 4. his deposition and murder of King Richard the 2. as a most tyrannical wicked bloudy unchristian act Murder execrable both to God and men which dr●w down exemplary Judgements on the land and occasioned bloudy intestine wars repealing all proceedings Acts Ordinances for the establishment of this Usurper and attainting K. Henry the 6. his Queen Son and all their adherents of High Treason A record never formerly published And I have cleared these presidents from those false inferences to prove the Commons joynt interest in the Judicature of Parliament with the Lords and justifie those exorbitant proceedings which some have erroniously deduced from them 7ly In this plea I have for the most part recited the passages of our antient Parliaments and Records in the same language our old Historians and Records relate them both to avoid all suspitions of any mistranslation and because their own language more elegantly expresseth them and will give greater satisfaction to the learned of all professions for whose benefit and instruction I have chiefly published them not for the illiterate vulgars than any translation whatsoever If there be any lack-Latin Lords or Lawyers of so ignoble education or extraction that they cannot understand them I presume they have some Chaplains Secretaries Steward or Clerk belonging to them or learned friends near them who can interpret those passages in it which will be a shame for any Nobleman or Lawyer to profess in publike he understands nor for if Lawyers understand not Latin or French Records when printed how will they be able to read or make use of them in the Tower or Treasuries the principal Magazines both of that kind of learning and Law which concerns either our Parliamentary or State-affairs which will be wholly lost in few years more if all Students of the Law as many now do turn English Lawyers only and cast off the use both of Latine and Law-French in their publike Mootes the readiest method to make them real Ignoramusses and as void of Law as of these Languages wherein the Records are registred It is our Saviours observation John 3.19 20. That light is come into the world and men love darkness more than light because their deeds are evil For every one that doth evil hateth the light neither cometh to the light lest his deeds should be discovered or reproved And St. Paul complains of the foolish Galathians whom some had bewitched that they should not obey the truth that though at first they so respected him that if possible they would have plucked out their own eyes and given them to him yet soon after reputed him to be their enemy because he told them the truth I doubt the old and new Lights and unknown Parliamentary truths proceedings discovered to the ignorant blind world in this Plea

be both Judge and Party it behoveth of Right that the King should have COMPANIONS for to hear and determine IN PARLIAMENTS all Writs and Plaints of the Wrongs of the King of the Queen and of their Children and of those especially who otherwise could not have common right concerning their wrongs These Companions are now called Counts after the Latine word Comites For the good Estate of the Realm King Alfred assembled the COUNTS or Earls and ordained by a Perpetual Law that twice a year or oftner they should assemble at London in Parliament to consult of the Government of the people of God c. By which Estate or Parliament many Laws and Ordinances were made which be there recites Bracton l. 1. c. 8. l. 2. c. 16. l. 3. c. 9. in Henry the 3d. his reign and Fleta l. 2. c. 2. p. 66. write thus in Edw. the first his reign in the same words Habet enim Rex cu●iā suam in concilio suo in Parliamentis suis PRAESENTIBUS Praelatis COMITIBUS BARONIBUS PROCERIBUS aliis viris peritis ubi terminatae sunt dubitationes judiciorum novis injuriis emersis nova constituuntur remedia And l. 17. c. 17. he writes thus Rex in populo regendo superiores habet Videlicet Legem per quam est Rex Curiam suam to wit of Parliament videlicet COMITES BARONES Comites enim à Comitia dicuntur qui cum viderint Regem sine froeno Froenum sibi apponere TENENTVR ne clament subditi Domine Jesu Christe in Chamo froeno maxillas eorum constringe Sir Tho. Smith in his Commonwealth of England l. 2. c. 1. John Vowel and Ralph Holinshed vol. 1. c. 6. p. 173. Mr. Cambden in his Britannia p. 177. John Minshaw in his Dictionary Cowel in his Interpreter Title Parliament Powel in his Attorneys Accademy and others unanimously conclude That the Parliament consisteth of the KING the LORDS SPiRITUAL and TEMPORAL 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 Realm And that no Parliament is or can be holden without the King and Lords Mr. Crompton in his Jurisdiction of Courts affirms particularly of the High Court of Parliament f. 1. c. This Court is the highest Court of England in which the King himself sits 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 Spiritual as temporal and are severally summoned by the Kings writ at a certain day and place assigned The Chancellor 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 unles good cause be shewed or in case they depart without the Houses or Kings special 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 bind the subject without all their concurrent assents Sir Edward Cook not only in his Epistle before his ninth Report and Institutes on Littleton p. 109 110. But likewise in his 4. Institutes published by Order of the Commons themselves this present Parliament c. 1. p. 1 2. c. writes thus of the high and Honourable Court of Parliament This Court consisteth OF THE KINGS MAJESTIE sitting there as in his royal politick capacity and of the three Estates of the Realm viz. Of the Lords Spiritual Archbishops and Bishops being in number 24. who sit there in respect of their Counties or Baronies parcel of their Bishopricks which they hold also in their politick capacity and every one of these when the Parliament is to be holden ought ex debito Justitiae to have a writ of summons The LORDS TEMPORAL Dukes Marquesses Earls Viscounts and Barons who sit there by reason of their dignities which they hold by descent or creation And likewise EVERY ONE OF THESE being of full age OUGHT TO HAVE a writ of summons EX DEBITO JUSTITIAE The third Estate are the Commons of the Realm whereof there be Knights of Shires or Counties Citizens of Cities and Burgesses of Boroughs All which are respectively elected by the Shires or Counties Cities and Boroughs by force of the Kings writ ex debito Justitiae and none of them ought to be omitted and these represent all the Commons of the whole Realm and trusted for them and are in number at this time 403. He adds And it is observed that when there is best appearance there is the best successe in Parliament At the Parliament holden in the 7. year of H. 5. holden before the Duke of Bedford Guardian of England of the Lords Spiritual and Temporal there appeared but 30. in all at which Parliament there was but one Act of Parliament passed and that of no great weight In An. 50 E. 3. all the Lords appeared in person and not one by Proxy at which Parliament as appeareth by the Parliament Roll so many excellent things were sped and done that it was called Bonum Parliamentum And the King and these three estates are the great Corporation or body of the kingdom and doe sit in two Houses and of this Court of Parliament the King is Caput Principium Finis The Parl. cannot begin but by the Royal presence of the King either in person or representation by a Gardian of England or Commissioners both of them appointed under the great Seal of England c. And 42 E. 3. Rot. Parl. num 7. It is declared by the Lords and Commons in full Parliament upon demand made of them on the behalf of the King That they could not assent to any thing in Parliament that tended to the disinherison of the King and his Crown whereunto they were sworn And p. 35. he hath this special observation That it is observed by antient Parliament men out of Records that Parliaments have not succeeded well in five cases First when the King hath been in difference with his Lords with his Commons Secondly When any of the great Lords were at variance between themselves Thirdly When there was no good correspondence between the Lords and Commons Fourthly When there was no unity between the Commons themselves in all which our present Parliament is now most unhappy and so like to miscarry and succeed very ill Fifthly When there was no preparation for the Parliament before it began every of which he manifests by particular instances From all these and sundry other Authorities it is most evident and transparent That both the King himself and Lords ought of

Peers without joyning with the Commons num 6 7 18 c 26 27 35 37. which course they held in most following Parliaments In the Parliaments of 47 E. 3. numero 15. 50 E. 3. n. 8. 51 E. 3. n. 18. 1 R. 2. n. 14. 2 R. 2. n. 23. 5 R. 2. n. 14. 6 R. 2. n. 14. Parl. 2. n. 8. 7 R. 2. n. 9.19 4 H. 4. n. 10.11 The Commons Petition the King for certain Lords to be sent to them as a Commi●tee to assist and advise them in the matters propounded to them by the King and his Chancellor wherein their advise was required as being more able to advise and counsel them than any of their own Members In the Parliament of 6 R. 2. Par. 2. n. 7. The Commons being demanded their advice touching the war with Flanders and the Kings going thither in person with an Army answered That this consultation did properly belong to the King and Lords yet it being their pleasures to charge the Commons to deliver their conceits therein they thereupon did it with this Protestation that what they spake was not by way of COUNSEL but to shew their advice Whereto was answered for the King That there was but l●ttle difference between Counsel and Advice In the Parliament of 7 R. 2. n. 16 17. The Commons being charged to deliver their Opinions touching Peace with France For answer to Peace said That it beseemed them not to intermeddle with their Counsel therein And therefore referred the whole order thereof to the King and his Counsel of Lords Whereupon the Commons being urged to declare whether they desired Peace or Warr for one they must chuse Answered an honourable Peace for the King but for that in the Articles were conteined many terms of the Civil Law which they understood not and for that they understood the Articles were The King should hold Guienne of the French by Homage and Service they knew not what to say only they hope that the King meant not to hold Calice and other Countries gotten by the sword of the French In the Parliament of 17 R. 2. n. 17. The Commons being demanded their opinions concerning Peace with France declared by their Speaker That the same passed their capacity and therefore they referred themselves to the King Lords Council And the rather for that the Lords and Council affirmed that those wo●ds Homage Soveraignty and Resort conteined in the Indenture of Peace should be mod●rated c. In the P●rliament of 20 R. 2. n. 9. The Commons excuse themselves touching the Embassadors and Embassie sent to France for peace referring the same to the Kings own pleasare and the Lords 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 povertie 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 arrival 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 redress the said Mischiefs and others which God defend And therefore that it would please the King considering the high Wisdoms 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 Spiritual and Temporal 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 wholesom counsel in this behalf severally and 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 doe their diligence and shew unto him their good and wholesom 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 Lordt 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 pursue 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 engage to do without self-ends or in●ests we might see our Church and Kingdom speedily setled in a peaceable and happy condition In brief the Lords alone in the very Writs for chusing Knights and Burgesses are stiled The Common Council of the Kingdom and the Knights Citizens and Burgesses are called to effect and assent to that which they and the King by their common advice shall Ordain and 5 Rich. 2. Parl. 2. n. 3. 6 R. 2. n. 8 9 11 26. and Parl. 2 R. 2. n. 7.9 they are called THE GREAT COUNCIL OF LORDS by reason of their extraordinary wisdom and abilities And so are they expresly stiled by the whole House of Commons themselves in their first printed Remonstrance of the State of the Kingdom 15 Decemb. 1641. Exact Collection p. 13. Therefore most fit to sit counsel advise vo●e and judge in Parliament Secondly The Lords and great Officers of the Realm as such were ever reputed persons of greatest Valour Courage Power in regard of their great interests Estates worth many whole Boroughs of which divers of them are sole Lords their allies and retainers and so best able to withstand redress all publike grievances exactions encroachments of the King his Officers and others upon their own and the peoples Liberties Laws Great Charters in defence whereof they have in antient times been alwaies most ready active to spend not only their estates but bloud and lives too wherewith they have redeemed preserved those Laws Liberties Great Charters concerning their Freedoms we now enjoy and contend for And in this regard our Ancestors in point of wisdom policy reason right thought meet that ex congruo et condigno et debito Justitiae they

Citizens Burgesses and Knights for the Parliament only by our Kings Letters and Charters not by the Peoples inherent Right of Election since none of them doe or can choose or send Knights Citizens or Burgesses to Parliament without the Kings Charters authorizing them and his Wr● to elect them first directed to them but only by power and vertue of them Therefore if the Lords sitting in Parliament be illegal unwarrantable because they sit only by Patents and Writs from the King the sitting of Knights Citizens Burgesses must be so too because they are elected only by the Kings Writ and the people enabled to elect them only by his Patents the power of creating Counties Cities Boroughs Knights being originally in the King as well as the power of creating Lords and Barons 3 Thirdly that the general election of the people is not absolutely necessary nor essential to the making of a Lawfull King Magistrate Counseller of State Peer Member of Parliament nor yet of a Minister as the Objectors falsly pretend who take it for granted as an infallible truth and Maxim of State For then it will necessarily ensue from hence 1. That God himself is no lawfull King or Governour over all the World and creatures in it because not chosen or elected by the General Voice of the Creatures and Mankind to be King over them and because the greatest part of men reject his Yoak Laws Government Exod. 5.2 Psal 2.1 2 3 4. Lu. 1.14.27 yet the Lord still reigneth as a Lawfull King over them by his own Right of Creatorship and Godhead Psal 95.3.5 Ps 96.10 Ps 97.1 Ps 99.1 Ps 100.3 Ps 103.15 Jer. 10.7 Dan. 4.32.34 Ps 10.16 Psal 22.28 Ps 48.7 2ly That Jesus Christ himself who is a King by birth-right Sonship and inheritance only being born King of the Jews sitting upon the throne of David his Father and reigning over the house of Jacob for ever by vertue of his Sonship only as Mat. 2.2 Lu. 1.32 33. Ps 2.6 7 8. Heb. 1.5 8 9. Acts 13.22 23 33. Ezech. 34.23 24. c. 37.24 25. Mar. 11.9.10 Isa 3.6 7. c. 11.1 2 c. Jer. 33. 15 17 20 21. c. 23.5 6. c. 30.4 Hos 3.5 Rev. 2.2 c. resolve was not chosen King ●is Saints Church Subjects people but chuseth them to be his Leiges John 15.16 Eph. 1.4 1 Pet. 2.9 Rev. 17.14 Deut. 14.2 Ps 132.13 Psal 135.4 shall upon this account be no lawfull King or Governor over his Saints Church and Subjects but a meer Usurper Intruder Tyrant over them as they stile Kings by Birthright not popular Election which is the highest blasphemy to affirm 3ly Then it will likewise inevitably follow That neither Moses Joshua Nehemiah Saul David Solomon nor any of the pious Kings of Juda nor Christ himself and other Kings who came to the Crown by Gods immediate designation or by descent birth-right and lineal succession were just lawfull Governors or Kings which none dare averr That the 70. Elders the Princes Nobles chief Captains Judges and Rulers under Moses and their Kings with other Governours and the Jewish Sanhedrim were no lawfull Judges Magistrates Counsellers of State or Members of their general Congregations Parliaments assemblies since we read of none of them chosen by the people but only designed by God himself or made created such by their Kings Governours who both called and summoned them to their general congregations assemblies judicatures as the premised texts and others evidence That Joseph Mordecai 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 were made Levites Priests High Priests or Prophets by the peoples own choice but by descent and succession in the selfsame Tribe or by Gods own immediate call and appointment as John Baptist Christ himself the Apostles the 70 Disciples and others under the Gospel were made Ministers Apostles Evangelists preaching Elders without the peoples call yet our opposites dare not deny their Ministry and Apostleship to be lawfull being not of men but by Gods and Christs own call without the peoples Fourthly then it will from hence also follow that all Hereditarie Kingdoms which Politicians and Divines generally hold the best of Governments being the title of Christ himself to his kingdom all Patents Commissions in all Empires Kingdoms States of the world creating Princes Dukes Earls Lords and such like Titles of Honour whereby they are inabled in all Christian kingdoms to sit vote in their Parliaments and Assemblies of State for making Privy Counsellers Judges Justices and other Magistrates are void null illegal and so all the Laws Orders Ordinances made Acts done and Judgments given by them are void or erroneous because they were not chosen called to these publike places Counsels Judicatures by the people but by Emperors Kings and Supreme Governours of 〈◊〉 and what a confusion such a Paradox as this would ●●eed in all our Realms in all States Kingdoms of the world let wise men consider and those fools too who make this Objection 5. Fifthly if there be no lawfull Authority in any State but from the Peoples immediate election then it will necessarily follow that Sir Thomas Fairfax is no lawfull General his Officers Councell of Warr no lawfull Officers or Councel yea Colonell and Lieutenant Colonell Lilburn no lawfull Colonel or Lieutenant-Colonel and ought not to use or retain these titles as they doe because none of them were called chosen to those places by the People or common Souldiers but made such by Commission from the Parliament General or Lords alone 6. Sixthly This paradox of theirs touching the peoples choice call to inable Peers to sit in Parliament or bear any office of Magistracy or Judicature is warranted by no law of God in old or new Testament both which contradict it by no Laws or Statutes of these Kingdoms Nations which absolutely disclaim it and enact the contrarie by no Original Law of Nature which as all Polititians and Divines assert and the Scripture manifests at first gave everie Father a Magistratical and Judicial rule power over his children progeny Family and made him a King Prince Lord over them without either their choice or call the Father and first-born of the family being both the King Prince Lord over it and Priest to it from the Creation till the Law was given as is generally acknowledged by all Divines as God himself is King over all the earth world as Creator and Father thereof 7ly It is very observable that God himself expresly denied to his own people Israel the free election of their Kings and Supreme Governors reserving the choice of them only to himself as his own Prerogative witness that notable text of

13.1 2 3 c. commands Every Soul to be subject to the higher powers not only for fear but conscience sake upon this ground For there is no Power but of God the powers that are are ordained or ordered of God and they are the Ministers of God to men for good Hence God and Christ are stiled The only Potentate THE KING OF KINGS AND LORD OF LORDS The Prince of the Kings of the Earth 1 Tim. 6.15 Rev. 1.5 c. 17.14 c. 19.16 because they only by meer original right dispose of all Kings Lords Potentates kingdoms Upon which reason the Apostle concludes That all created things in heaven and in earth whether they be Powers or Principalities or Dominions or Powers are created BY AND FOR CHRIST that in all things he might have the preheminence might and dominion being exalted far above all Principalities and Powers Col. 1.16 17 18. Eph. 1.20 21. By what divine natural inherent just right or Title then the Commons or Vulgar people of our own or other Realms can challenge to themselves the sole power of electing setting up and pulling down their Kings Princes Lords Judges kingdoms Principalities Powers Dominions at their arbitrarie pleasures of setting up pulling down or electing their Supreme or subordinate Governors Magistrates and all Peers of Parliament at their wills of disposing kingdoms Powers Lordships to whomsoever they please as these Bedlam Objectors plead they may without contradicting all these Sacred Texts and intruding upon these royal incommunicable Preheminences Prerogatives of God and Christ let all popular pretenders to or advocates for such a power in the people and Commons of the Realm resolve me and all others when they are able against all these Texts oppugning this their claim and interest 9. Ninthly I answer that a particular explicit actual choice and election by the people of any to be Kings Magistrates Judges Ministers Peers or Members of Parliament is neither necessarie nor convenient to make them just and lawfull except onely when the Laws of God of Nature of Nations or the kingdom expresly require it but onely a general implicit or tacit consent especially when the antient Laws of the Land continuing still in full force and the custom of the Kingdom time out of mind requires no such ceremonie of the peoples particular election or call in which case the peoples dissent is of no validitie til that Law and custom be repealed by the general consent of the King Lords and Commons in Parliament Now the antient Laws Statutes and Customs of the Kingdom enable all Lords who are Peers and 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 Laws and Customs of the Realm were that the King himself might call two Knights Citizens and Burgesses to Parliament such as himself should nominate in his Writ out of every County City and Borough 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 submitted and consented to for some ages without repeal this Law and Custom were sufficient to make such Knights Citizens and Burgesses lawfull Members of Patliament obliging their posterity whiles unrepealed as well as their Warranties Obligations Statutes Feofments Morgages Oaths and alienations of their Lands as the Objectors must acknowledge therefore they must of necessity grant their present sitting voting and judging too in Parliament to be lawfull because thus warranted by the Laws and Customs of the Realm 10. If all Power in Government all right of sitting judging and making Laws or Ordinances in Parliament be founded upon the immediate free election of all those that are to be Governed and if it be of necessity that all who are to be subject and obey ought to be represented by those who have power in Government the Sum of Lilburns Overtons and the Levellers reasons against the Lords Jurisdiction then it will of necessity follow If this be good Divinitie and Law that the Laws of God Moses and Christ himself should not bind the Jews or Christians because made without their common consents or any to represent them Then the Laws Decrees of the Medes and Persians made by their Kings alone or by them and their Princes without any representative of their People as is evident by Esth 1.13 to the end ch 3.8 to 15. ch 8.8 9 c. c. 9.32 ch 10.1 Ezr. 1.1 c. ch 4.6 to 24. ch 5.13.17 c. 6.1 to 15. c. 7.11 to 27. Jonah 3.6 7 8. Dan. 6 7 8 9. were meer nullities and not binding to the commonalty Then the Laws of David his Captains and Princes concerning the Levites Priests Temple c. 1 Sam. 30.2.45 2 Chron. c. 22. to ch 29. with all our own antient Brit●sh and Saxon Laws made by our Kings and Nobles alone without any Knights Citizens or Burgesses elected by or representing the people as were all our Laws and Acts before Henry the 3d his reign both before and after the Conquest as we usually call it though many of them yet in force and vigor With all antient Lawes made by Kings alone being the only Law-makers in all Nations at first as Justine and others attest and Ezr. 7.26 Esth 3.8 Isay 33.22 intimate whence they are stiled the Kings Laws c. should be meer Nullities by this Doctrine because not made by the Peoples previous consents and representatives Yea then the Orders Votes Ordinances and Laws made or consented to by the Knights Citizens and Burgesses in Parliam ought not to bind any Ministers Women Children Infants Servants Strangers Freeholders Citizens Burgesses Artificers or others who cannot well properly be represented but by persons of their own sex degrees trade calling so each sex trade in each county Corporation of Engl. should send Members of their own to Parliament to represent them but only such Freeholders and Burgesses who had voices in and gave free consent to their Elections not any who have no voices by Law or dissented from those elected and returned Yea then it will necessarily follow that those Counties Cities and Boroughs whose Members have been injuriously impeached suspended driven away or thrust out of the House of Commons by the Objectors and the Armies practise violence contrary to all former presidents are absolutely free exempted from and not bound by any Votes or Ordinances made or taxes imposed by the Commons House because they have no Members to represent them residing in Parliament and that those Counties and Boroughs whose Knights and Burgesses are dead or absent are no wayes obliged by any Votes Ordinances or Grants in Parliament And then how few in the Kingdom will or ought to yield obedience to any the Acts Ordinances or Votes of this present Parliament or to any Mayors Sheriffs Aldermen or Heads of Houses made by their Votes and Authority usually made by election

declare against Roger Manwaring Clerk Dr. in Divinity that whereas by the Laws and Statutes of this Realm the Free Subjects of England doe undoubtedly inherit this right and liberty not to be compelled to contribute to any tax tallage aid or to make any Loans not set or imposed by common consent by Act of Parliament and divers of his Majesties loving Subjects relying upon the said Laws and Customs did in all humility refuse to lend such sums of mony as without authority of Parliament were lately required of them Nevertheless he the said Roger Manwaring in contempt and contrary to the Laws of this Realm hath lately preached in his Majesties presence two several Sermons That is the 4. day of July last one of the said Sermons and upon the 29. day of the same moneth the other of the same Sermons Both which Sermons he hath since published in print in a Book entituled Religion and Allegeance and with a wicked and malicious intention to seduce and misguide the conscience of the Kings most excellent Majesty touching the observation of the Laws and Customs of this kingdom and of the rights and liberties of the Subjects to incense his royal displeasure against his good Subjects so refusing to subvert scandalize and impeach the good Laws and Government of this Realm and the Authority of the High Court of Parliament to avert his Majesties mind from calling of Parliaments to alienate his royal heart from his people and to cause jealousies sedition and division in the kingdom He the said Roger Manwaring doth in the said Sermons and book perswade the kings most excellent Majesty First That his Majesty is not bound to keep and observe the good Laws and Customs of the Realm concerning the rights and liberties of the Subjects aforementioned and this his royal will and command in imposing loans taxes and other aids upon his people without common consent in Parliament doth so far bind the Subjects of this Realm that they cannot refuse the same without peril of eternal damnation Secondly That those his Majesties loving Subjects which refused the loan aforementioned in such manner as is before recited did therein offend the Law of God against his Majesties supream authority and by so doing became guilty of impiety disloyalt●e rebellion and dis-obedience and lyable to many other taxes and censures which he in the several parts of his book doth most fasly and malitiously lay upon them Thirdly That authority of Parliament is not necessary for raising of aids and subsidies that the slow proceedings of such assemblies are not fit for the supply of the urgent necessities of the estate but rather apt to produce sundry impedimen●s to the just designs of Princes and to give them occasion of displeasure and discontent All which the Commons are ready to prove not only by the general scope of the same Sermons and books but likewise by several clauses aspersions and sentences therein contained and that he the said Roger Manwaring by preaching and publishing the Sermons and book aforementioned did most unlawfully abuse his holy function instituted by God in his Church for the guiding of the consciences of all his servants and chiefly of soveraign Princes and Magistrates and for the maintenance of peace and concord betwixt all men especially between the King and his People and hath thereby most grievously offended against the Crown and dignity of his Majesty and against the prosperity and good government of this estate and Commonwealth And the said Commons by protestation saving to themselves the liberty of exhibiting of any other accusation at any time hereafter or impeachment againg the said Roger Manwaring and also of replying to the answers which he said Roger shall make unto any of the matters contained in this present bill of complaint and of offering further proof of the premises or of any of them as the cause according to the course of the Parliament shall require Do pray that the said Roger Manwaring m●y be put to answer to all and every the premisses and that such proceeding examinat●on trial judgement and exemplary punishment may be thereupon had and executed as is agreeable to Law and Justice On June the 14 1628. the Lords sending a message to the House of Commons that they were ready to give judgement against Manwaring if the House of Commons would demand it Thereupon they went with the Speaker up to the Lords House having agreed he should demand judgement in these words which he then used at the Lords Bar The Knights Citizens and Burgesses of the House of Commons have impeached Roger Manwaring of sundry misdemeanors and your Lordships having taken consideration thereof they doe now by me their Speaker demand judgement against them Which upon reading his impeachment and full proof thereof out of his Sermons in his presence was done accordingly The Judgement was given and pronounced by the Lord Keeper all the LORDS being in their Robes and Manwaring at the Bar it was delivered in these words Whereas Roger Manwaring Doctor in Divinity hath been impeached by the House of Commons for misdemeanors of a high nature in preaching two Sermons before his Majestie in Summer which since are published in print in a Book intituled Religion and Allegiance and in another Sermon preached in the Parish of St. Giles in the Fields the 4th of May last And their Lordships have considered of the said Manwarings answer thereunto expressed with tears and grief for his offence most humbly craving pardon therefore of the Lords and Commons yet neverthelesse for that it can be no satisfaction for the great offence wherewith he is charged by the said Declaration which doth evidently appear in the very words of the said Sermons their Lordships have proceeded to judgement against him and therfore this High Court doth adjudge First That Dr. Manwaring shall be imprisoned during the pleasure of the House 2ly That he de fined at 1000 l. to the King 3ly That he shall make such submission and acknowledgement of his offences as shall be set down by a Committee in writing both at the Bar and in the House of Commons 4ly That he shall be suspended for the time of 3 years from the exercise of the Ministery and in the mean time a sufficient preaching Minister shall be provided out of his living to serve the Cure this suspension and this provision of a preaching Minister shall be done by the Ecclesiastical Jurisdiction 5ly That he shall be for ever disabled to preach at the Court hereafter 6ly That he shall be hereafter disabled to have any Ecclesiastical dignity or secular Office 7ly That his said Book is worthy to be burnt and that for the better effecting of this his Majesty may be moved to grant a Proclamation to call in the said Books that they may be all burnt accordingly in London and both Universities and for the inhibiting the permitting therof upon a great penalty Here we have a most direct president where the whole House of Commons