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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

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

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 Prov. 22. 28. Remove-not the ancient land-mark which thy fathers have set Prov. 22. 21. My sonne feare thou the Lord and the King and meddle not with those who are given to change for their calamity shall rise suddenly and who knoweth the ruine of them both LONDON Printed for Michael Spark at the blue Bible in Green-Arbor 164● To all truly Honourable and Heroick Lords and Peeres of the Realme of England who are reall Patriots of Religion and their Countrey Right Honourable THough true Nobility alwayes founded in a Omnes pari forte nascimur solâ virtute distinguimur Minucius Feli● Octo● p. 123. Nobilitas sola est ac unica virtus Iuvenal Satyr 8. vertue and reall piety needs no other tutelar Deity or Apologie but it selfe amongst those b Omnes boni semper Nobilitati favemus q●ia utile est reipub Nobiles Homines esse dignos Majoribus suis quia valet apud nos clarorum Hominum bene derepub meritorum memoria otiam mortuorum Ci●ero Orat. pro P. Sex ingenious Spirits who are able to discerne or estimate its worth yet the iniquity of our degenerated Age and the frenzie of the intoxicated ignorant vulgar is such that it now requires the assistance of the ablest Advocates to plead its cause and vindicate the just Rights and Priviledges of the House of Peeres against the c Li●burne Overton and others licentious Quills and Tongues of lawlesse sordid Sectaries and Mechanick Levellers who having got the Sword and reines into their hands plant all their batteries and force against them crying out like those Babylonian Levellers of old d Psal 137. 7. against the House of Peeres Rase it Rase it even to the foundation thereof and lay it for ever levell with the very dust beholding all true Honor worth and Noblenesse shining forth in your Honors heroick Spirits with a malignant aspect because they despaire of ever enjoying the least spark thereof in themselves and prosecuting you with a deadly hatred because better and greater then ever they have hopes to be unlesse they can through trechery and violence make themselves the onely Grandees by debasing your highest Dignity to the lowest Peasantry and making the meanest Commoners your Compeers This dangerous seditious Designe hath ingaged me the unablest of many out of my great affection to reall Nobility and to the present tot●ering condition of our Kingdome and Parliament the very pillars and foundations whereof are now not onely shaken but almost quite subverted without any Fee at all to become your Honors Advocate and voluntarily to plead your Cause and vindicate your undoubted right of sitting voting and judging in our Parliaments of which they strenuously endeavour to plunder both you and your posterities and to publish these subitane indigested Collections to the world to still the * Psal 65. 7. madnesse of the seduced vulgar whom Ignoramus Lilburne Overton Walwin and their Confederates have laboured to mutinie against your Parliamentary Iurisdiction * Isa 4 1. 25. treading upon Princes as upon mortar and as the Potter treadeth the clay in their illiterate seditious Pamphlets which I have here refuted by Scripture Histories Antiquities and Parliament-Rolls the ignorance whereof joyned with their malice is the principall occasion of their error in this kinde And truly were all our Parliament-Rolls Pleas Iournals faithfully transcribed and published in print to the eye of the world as most of our Statutes are by authority of both Houses of Parliament a work as worthy their undertaking as beneficiall for the Publike as any I can recommend unto their care it would not only preserve them from imbezelling and the hazards of fire and war to which they are now subject but likewise eternally silence refute the Sectaries and Levellers ignorant false Allegations against your Honors Parliamentary Iurisdict●on and Iudicature resolve and cleare all or most doubts that can arise concerning the power jurisdiction and priviledges of both or either House keepe both of them within due bounds the exceeding whereof is dangerous and grievous to the People except in cases of absolute necessity for the saving of a Kingdome whiles that necessity continues and no longer chalke out the ancient regular way of proceedings in all Parliamentary affaires whatsoever whether of warre or peace civill or criminall concerning King or Subject Natives or Forraigners over-rule and reconcile most of the present differences between the King and Parliament House and House Members and Members cleare many doubts and rectifie some grosse mistakes in printed Statutes Law-Books and our ordinary Historians add much light lustre and ornament to our English Annals and the Common Law and make all Lawyers and the Members of both Houses farre more able then now they are to mannage and carry on all businesses in Parliament when they shall upon every occasion almost have former presidents ready at hand to direct them there being now very few Members in either House well read or versed in ancient Parliament Rolls Pleas or Journalls the ignorance whereof is a great Remora to their proceedings and oft times a cause of dangerous incroachments of new Iurisdiction over the Subjects persons and estates not usuall in former Parliaments and of some great mistakes and deviations from the ancient methodicall Rules and Tracts of Parliament now almost quite forgotten and laid aside by raw unexperienced Parliament-men to the publike prejudice and injury of posterity Your Lordships helping hand to the speedy furthering of such a necessary publike worke will be a great accession to your Honor the best vindication of your Parliamentary Jurisdiction Right Power and Judicature against all Opposites till the accomplishment whereof I shall humbly recommend this short Plea in your Honors defence to your Noble Patronage who can pitch upon no better or readier meanes to support your Honor and Authority and to indeare your selves in the Peoples affections then in these distracted dangerous stormy times to ingage all your interest power and activity speedily to settle and secure Gods Glory Truth Worship and the publike Safety of the Kingdome against all open Opposers and secret Underminers of them to unburthen the People of their heavy Taxes the Souldiers insolencies and free quarter to redresse all pressing grievances all oppressing arbitrary

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

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

right to award Judgement in these cases without the King or them then which a fuller and clearer proofe cannot be desired In the self-same Parliament 1. R. ● num 41 42 43. Dame Alice Piers was brought before THE LORDS and charged by Sir Richard le Scrope with sundry misdemeanors which she denied hereupon divers Witnesses were examined against her Whereupon JVDGEMENT WAS GIVEN BY THE LORDS AGAINST HER that she should be banished and forfeit all her lands goods and tenements whatsoevèr To this Judgement neither King nor Commons were parties but the Lords only To these I might adde the cases of c See the doom of 〈◊〉 and treachery 〈◊〉 14 15. where the record is transcribed Sir William de Eleuham Sir Thomas Trivet Sir Henry de Ferriers and Sir William Farnden Knights and Robert Fitz Ralph Esquire Rot. Parl. 7. R. 2. num 24. sentenced and condemned by judgement of the Lords in Parliament pronounced by the Chancellour for selling the Castle of Burbugh with the armes and amm●nition in it to the Kings enemies without the Kings license 21. R. 2. Parl. Rot. Plac. Coronae num 27. where Sir Robert Pleasington is adjudged a Traytor after his death by the King by ●SSENT OF THE LORDS and num 15. 16. Sir Thomas Mortimers case num 17. Sir John Cobhams case * 31. H. 6. n. 45. 64. 65. ● 3. n. 16. to ●8 and num 28. Henry Bonoits case condemned in like manner of treason by the Lords with hundreds of Presidents more I shall only cite three more at large which are punctuall In the Parliament of 8. R. 2. n. 12. Walter Sybell of London was arrested and brought into the Parliament before the Lords at the suit of Robert de Veer Earl of Oxford for slandering him to the Duke of Lancaster and other Nobles for maintenance Walter denied not but that he said that certain there named recovered against him the said Walter and that by maintenance of the said Earl as he thought The Earl there present protested himself to be innocent and put himself upon the triall Walter thereupon was committed to Prison by the Lords and the next day he submitted himself and desired the Lords to be a mean for him saying he could not accuse him whereupon THE LORDS CONVICTED and FINED HIM FIVE HVNDRED MARKS TO THE SAID EARL for the which and for his fine and ransome he was committed to prison BY THE LORDS A direct case in point In the second Parliament in 7. R. 2. num 13. to 19. Iohn Cavendish a Fishmonger of London accused Michael de la Pool Knight Lord Cha●cellour of England first before the Commons and afterward before the Lords for bribery and injustice and that he entere●●●nto a Bond of x. l. to Iohn Ottard a Clerk to the said Chancellour which he was to give for his good successe in the businesse in part of payment w●●●eof he br●ught Herring and Sturgeon to Ottard and ye was delayed a●d could have no justice at the Chancellours h●nds and upon hearing he cause and examining wi●● o●fes upon Oath before THE LORDS the Chancellour was cleared The Chancellour thereupon required reparation for so great a slander the Lords being then troubled with other weighty matters let the Fish-monger to Bail and referred the matter to be ordered by the Judges who upon hearing the whole matter condemned Cavendish in three thousand marks for his slanderous complaint against the said Chancellour and adjudged him to prison till he had paid the same to the Chancellour and made fine and ransome to the King also which the Lords confirmed In the Parliament of 15. R. 2. nu 21. Iohn Stradwell of Begsteed in the County of Sussex was committed to the fleet by JVDGEMENT OF THE LORDS there to remain during the Kings pleasure for that he informed the Parliament that the Archbishop of Canterbury had excommunicated him and his neighbours wrongfully for a temporall cause appertaining to the Crown and Common Law wh●ch was ADIVDGED BY THE LORDS upon examination and hearing to BE VNTRVE These three eminent Presidents to which many more might be added of the Lords fining and imprisoning meere Commons only for slandering Peeres of Parliament even by false accusations against them in Parliament by way of complaint will ●●stify the Lords proceedings against Lilburn and Ov●rton for their professed Libells both against their Persons and Jurisdictions too To proceed to latter times in Parliaments of 18. and 21. Jacobi and 3. Car. not only the Lord * Cook 4. Instit p. 23. Chancellour Bacon and the Earl of Middlesex Lord Treasurer upon complaint of the Commons were censured and judged by the Lords alone but likewise Sir Giles Mompesson Sir Iohn Michell and Dr Manwering all Commoners JUDICIALLY SENTENCED Doctor Pocklinton and Doctor Bray even for erroneous Books and Sermons were sentenced this Parliament by the Lords alone since these Master Clement Walker Esquire was imprisoned in the Tower and fined by the Lords for some words pretended to be spoken against the Lord Say and within these few moneths on● Morrice and foure or five more of his confederates were censured fined and impr●soned by the Lords alone for forging an Act of Parliament upon Sir Adam Littletons complaint with all the Commons privity or consents and above one hundred Commoner more have been imprisoned by them or fined this very Session of Parliament for breach of Priviledge contempts or misdemeanours by the Lords alone without the Commons yet no demurrer nor exceptions were taken by them or the Commons to their Iurisdiction who applauded this their Justice in some of these cases From all these cleare confessions of the Commons themselves in Parliament and punctuall presidents in print in former late Parliaments and in this now sitting it is undeniable That the King and Lords joyntly and the Lords severally without the King have an indubitable right of Judicature without the Common● vested in them not only of Peers themselves but likewise of C●mmoners in all extraordinary cases of Treason Felony Trespasse and other Misdemeanors triable only in Parliament which hath been constantly acknowledged practised and submitted to without dispute much more then have they such a just and rightfull power in case of breach of their owne priviledges of d Cooke 4 Instit p. 15. which none are or can be Judges but themselves alone And to deny them such a power is to make the Highest Court of Iudicature in the Realme inferiour to the Kings Bench and all other Courts of Justice who have power to judge and try the persons and causes of Commoners and to commit and fine them for contempts and breaches of Priviledges as our e See Brooke and Ashes Tables Tit. Contempts Fines pur Contempt Imprisonment Law bookes resolve and every mans experience can testifie The Lords right of Judicature being thus fully evicted against the false and ignorant pretences of illiterate Sectaries altogether unacquainted with our Histories and Records of Parliament

Spencers who seduced the King and oppressed the people and principall Pillars of our Laws Liberties as our m Walsingham Holingshed Daniel Speed Stow Grafton Fabian Baker Historians relate at large procured th●se ill Counsellours to be removed from the King even by force of Arms. In 10 11 22. of K. Rich. 2. the Lords were the principall opposers of the Kings ill Counsellours and Tyranny and protectors of the Laws and peoples Liberties to the losse of some of their lives h●ads and estates as our Statutes and Rolls of Parliament in those years and n Walsingham Trussle Fabian Holingshed Grafton Speed Stow. Historians witnesse whence Walsingham writing of the Duke of Gloucester's death murthered by the Kings command at Calice who was the principall Anti-royalist and head of all the Barons useth this expression Thus died this ●●st of men the Son and Earl of a King in quo posita fuere spes solatium TOTIVS REGNI COMMVNITATIS in whom the hope and solace of the Common-wealth of the whole Kingdom were placed who resented his death so highly that in the Parl of 1 H. 4. Hall who had a hand in his murder was condemned and executed for a Traytor and his Head and Quarters hung up in severall places and K. Richard among other Articles deposed for causing him to be murthered Since then our Pe●trs and Nobles have been alwaies persons of greatest valour power estate interest most able and forwards to preserve the Laws and peoples Liberties which they have upon all occasions defended with the hazard and losse of their Lives Liberties and Estates and upon this ground were thought meet by the wisdome of our Ancestors to enjoy this priviledge of sitting voting and judging in Parliament by vertue of their Peerage and Baronnies And since we must all acknowledge that the Lords were the chiefe instruments of calling this present Parliament and were therefore in the Act for Trienniall Parliaments principally intrusted to summon and hold all future Parliaments in the Kings and Lord Chancellours or Lord Keepers defaul●● and were very active in suppressing the Star-chamber High-Commission Councel-Table Prelats and other grievances and those who first appeared in the Wars against the King and his party to the great encouragement of others witnesse the deceased Lord Generall Essex Brooke Bedford Stamford Will●ngh by Lincolne 〈◊〉 Manchester Roberts and others it would be the extremity of folly ingratitude and injustice to deny our Peeres this Priviledge and Honour now which their Ancestors have purchased at so deare a rate and a meanes to dis-ingage them for ever from the Commons and Republike for such an high dishonour and affront Thirdly our o See Master S●ld●us Titles of Honour Part 2 chap. 5. and Coke 4. instit p. 1. Nobles are persons of greater Estates Families Fortunes then others and have more to keep and lose then other ordinary Commoners and therefore have greater interest in the Common-wealth and State-affaires then they And therefore our Ancestors thought it meet and just that they should have this priviledge among others above ordinary Commoners to be present in all our Parliaments by Writ onely and that of right ex debit● justitiae and not by election as Knights Citizens and Burgesses are being persons of meaner estate and quality and present in Parliament onely in the right of others who elect them not in their owne right as the Lords are whose estates anciently were far more worth then many whole Burroughes put together and their families retainers and followers far more in number And so their engagements to maintaine the Lawes Liberties and Properties of the Subject greater then inferiour mens Fourthly It is one principall property of Members of Parliament to be p Coke 4. Inst p. 3. constant stout inflexible and not to be bowed or turned from the right and publike good by feare favour promises rewards Now Peeres of noble birth and education and more generous heroick spirits then the vulgar sort of men are not so apt to be over-awed with regall threats terrified with menaces tempted with honours preferments and wealth which they already injoy in a higher proportion then others nor seduced with rewards and private ends from the common good and interest wherein their honour wealth and safety are imbarqued as ordinary Commoners and men of meaner ranke and fortunes as experience of former Ages and this present manifests Therefore it was thought just and reasonable by our Ancestors these Nobles in this regard should sit in Parliament in their owne rights * Modus tenendi Parliam Vowel Coke 4 Inst c. 1. without the peoples election and to leave the people to elect such other persons to represent and vote for them in Parliament in whom they most confided Fiftly our Peeres in Parliament * 12 R. 2. c. 1● 23 H. 6. c. 11. 9 H. 6. c. 16. 31 H. 8. c. 11. 50 E. 3. n. 209. 1 R. 2. n. ● 37. though they serve for the common good of the whole Kingdome which have alwayes trusted in them in matters of counsel Judicature and making Laws yet they represent up persons but themselves onely and beare their owne expences Wherefore there is no shadow of reason why the people should elect them since they doe not represent them nor pay them wages as they doe to their Knights Citiz●ns and Burgesses who serve for and represent them and therefore ought in reason right and justice to be elected by them And therefore they may as well argue That our Nobles ought to be elected by the people to their Lands and Estates which descend unto them from their Ancestors not from the common people as to sit in Parl●ament by the peoples election onely to represent themselves in their own right not the people in theirs And that the Knights of the Shire ought to be elected to their dignity of Knighthood which the King onely confers on them and to their Lands and Freeholds which they enjoy in their owne right because they are elected by the Free-holders to sit in Parliament in their right who elected them not their owne alone which Barons doe not By all which premisses it is most apparent That our Lords and Barons sitting and voting in Parliament who if you take them poll by poll have in all ages been more able Parliament men and States-men in all respects then the Commons though chosen by the people who alwayes make choice of the best and wisest men as experience manifests is not onely just and lawfull in respect of Right and Title but originally instituted upon such grounds of Reason and Policy as no rationall nor understanding man can dislike or contradict but must subscribe to as necessary and convenient and so still to be continued supported in this their Right and Honour to moderate the Excesses and Encroachments both of King and Commons one upon the other keep both of them within their just and ancient bounds for the Kingdomes peace

safety The rather for that the very Act made this Parliament for the preventing of inconveniences happening through the long intermission of Parliaments not onely enacts but requires all the Lords and Barons of this Realme to meet and sit in every Parliament under a penalty but likewise prescribes an Oath to the Lord Keeper and Commissioners of the Great Seale under severe penalties to send forth Writs of Summons to Parliament to them all and in his default enabled and enjoyned the Peeres of the Realme or any twelve or more of them to issue forth Writs of Summons to Parliament under the Great Seale of England for the electing of Knights Citizens and Burgesses which Act will be meerly void and nugatory if their Votes and Right of sit in Parliament be denyed or the House of Peeres reduced to the House of Commons which this very Statute doth distinguish The Kings and Lords sole right of Judicature in Parliament without Commons cleerly evidenced The Lords Jurisdiction and undoubted Right to sit and Vote in Parl●ament being cleerly evicted and und●●●ably manifested by the Premises I shall next proceed to make good their Jurisdiction and lawfull Right of Judicature never questioned nor disputed till of late without the Commons concurrence To avoid mistakes and clear all scruples you must take notice that there is a two-fold proceeding in Parliament by way of Judicature and Censure First by Bill of Attainder and therein the King Lords and Commons must all concurre because such Judgement is given extrajudicially only by the Legislative power wherein the Commons have of Right a Vote and consent as well as the King and Lords and in this course of proceedings the King and Lords alone can doe nothing judicially without the Commons no more then make an Act of Parliament without them Of this kind● of Judgement and Attainder by Bill wherein the King Lords and Commons joyntly concurre there are sundry presidents both in cases Trespas Felony Treason and the like in our printed Statutes 1 H. 4. c. 6. compared with 9 H. 4. Exilium Hugonis de Spencer 15 E. 2. 1 E. 3. prologue and c. 2. 11 R. 2. c. 1 2 3. 5 6 7. 21 R. 2. c. 10 11 12. 9 H. 6. c. 3. 19 H. 6. c. 1. 3● H. 6. c. 1. 25 H. 8. c. 12. 28 H. ● c. ●8 33. H. ● c. 21. 32 H. 8. c. 25. 2 and 3 E. ● c. 17 18. 1 Mar. c. 1. 16. ●● Eliz. c. 1. 3. 3 Jac. c. 2. to which the Attaindors of the Earl of Strafford by Bill and Arch-bishop of Canterbury this very Parliament may be added Besides other presidents in the q See Plac. Coronae in Parl. 33 E. 1. Rot. 17. 22 John de Segraves case Plac. Corenae in Parl. 21 R. 2. n. 1. to 27 31 H. 6. n. 45. 64. 38 H 6. n. 9. to 26. Parliament Rolls many of which are cited by Sir Edward Cooke in his 3 Institutes c. 1. ● and M. S. John in his Argument as Law concerning the Bill of Attainder of High Treason of Thomas Earl of Strafford printed by Order of the Commons House Anno 1641. The like Presidents are extant in the Statutes of Ireland 28 H. 8. c. 1. for the Attainder of the Earl of Kildare and others 11 Eliz. c. 1. For the Attainder of Shan● 〈◊〉 and others ●3 Eliz. c. 6 and 7. For the Attainders of John 〈◊〉 Gerald and others An. 27 Eliz c. 1. For the attainder of James Eustuce and others 28 Eliz. c. 8 9. For the Attainders of the E. of Resmond John Brown and others 11 Jac. c. 4. For the Attainder of the Earl of Tyro●● and others Secondly there is a formall Judgement given in Parliament in Causes civill and criminall upon Writs Petitions● Indictments informations or Impeachments and that either against or between Peers themselves or against or between Commons who are ●● Peers in both which the Lords have a proper Judiciary power without the Commons That they have such a legall and sole Judicatory in the case of Peers is * Cookes Instit on Magna Charta c. 14. 29. 3 Instit c. 1 2. 1 H. 4. 1. Stamf. l. 3. c. 1. 10. E. 4. 6. Bro. Triall 142. Treason 33. 29. 13 H. 8. 11. acknowledged by all who neither may nor ought by Law to be cryed or judge for any Treason or criminall cause unlesse in cases of † 10 E. 4. 6. Coronae 34. Cooke 2. Instit p. 49. Triall Bro. 142. Appeale at the suit of the subject but only by the lawfull judgement of their Peers by the expresse provision of r Ch. 14. 29. 20 H. 6. c. 9. 26 H. 8. c. 12. 1 El. c. 1. 5. 5 El. c. 11. and diverse other Statutes See Ashes Tables Co●onae 84. Challenge 65. and 8. Magna Charta with sundry other Statutes and by the very Common Law This right of theirs in case of Peers is cleerly evident by the Judgement given in against Earl Goodwin in a Parliament under K. Edward the Confessor before the Conquest An. 1052. recited at large in M. Seldens Titles of Honour Part 2. c. 5. p. 634 635. in the Tryall of Roger Earle of Hereford in the 8. yeare of William the Conqueror who was sued and found guilty of Treason by his Peers Cooke 2. Institut p. 50. by the Judgement given in the Parliament of Northampton against Becket Arch-bishop of Canterbury which you may read at large in Stephanides * M. Selden by the answer of Will. du Breose to K. Johns Ministers Paratus sum ero Domino meo sine obsedibus satisfacere secundum Judicium Curiae suae BARONVM Parium meorum Which right of theirs is asserted by Sir E. Cook himself and proved at large in his 2 Institutes on Magna Charta c. 14. 29. in his 3 Institutes c. 2. where p. 31. he writes thus A Peer of the Parl being indicted of Treason or Felony or of misprision and duly transmitted to the Lords may be arraigned thereof in the upper House of Parl. As FREQUENTLY IN PARL † Titles of Honou● Part 2. c. 5. p. 705. 706 707. ROLLS IT DOTH APPEAR As Rot. Parl. 21 R. 2 Plac. Cor. nu 2 to 7. the Earl of Arundels case Rot. Parl. 5 H. 4. nu 11 12. 13. H. 6. nu 49. Earl of Dovers case 28 H. 6. nu 19. 50 51 52. Duke of Suffolks case To which might be added 7 R. 2. nu 22 c. The Bishop of Norwich case for delivering Gravelin to the Enemy Placita Corona in Parl. 21 R. 2. num 1 to 26. Rot. Parl. 50 E. 3. nu 27. The Lord Latymers case 2 H. 6. Rot. Parl. nu 18. The Impeachments of the Commons this Parliament against the E. of Strafford and Arch-bishop of Canterbury who were prosecuted by the Commons not tryed only by and before the Lords as their proper Judges and Peers See 4 E. 3. nu 14. 15 E. 3. nu 6. 8. 44 45. 51. 17

th●●r Speaker to them desiring his inlargement whereupon the said Lords spirituall and temporall not intending to hurt or impeach the priviledge of the Commons but equally after the Courts of law to administer Justice and to have knowledge what the Law will weigh in that behalf declared to the Justices the premises and asked of them whether the said Thomas ought to be delivered from prison by force and vertue of the said priviledge of Parliament or not To the which question the chief Justices in the name of all the Justices aforesaid communication and mature deliberation had among them answered and said that they ought not to answer to that question for it hath not been used aforetime that the Iustices should in any wise determine the priviledge of this high Court of Parliam for it is so high and mighty in his nature that it may make that law which is not and that that is law it may make no law and the determination and knowledge of that priviledge belongeth to the Lords of the Parliament and not to the Iustices but as for declaration of proceedings in the lower Courts in such cases as writs of Supersedeas of Priviledge of Parliament be brought and delivered the said chief Iustice said that there be many and divers Supersedeas of priviledges of Parliament brought into the Courts but there is no generall Supersedeas ●rought to sur●e●se all Processes for if there should be it should seem that this High Court of Parliament that ministreth all Justice and equitity should let the processe of the common Lawes and so it should put the party plainant without remedy for so much as * Vpon this ground 1. R. 2. n. 20. 87. 114. 2. R. 2. n. 8. 49. 5. R. 2. n. 44. 13 R. 2. n. 10. 30. 33. 15. R. 2. n. 9. 17. R. 2. n. 10 We find the Commons and Parliament very zealous to maintain the Common Law and referring causes and petitions to it when proper for it and unproper for the Parliament actions at Common Law be not determined in this High Court of Parliament And if any Person that is a Member of this High Court of Parliament be arrested in such cases as be not for Treason or Felony or surety of the Peace or for condemnation before the Parliament it is used that all such persons should be released of all such arrests and make an Attorney so that they may have the freedome and Liberty freely to attend upon the Parliament After which answer and Declaration it was throughly agreed assentted and concluded by the Lords spirituall and temporall that the said Thomas according to the law should remain still in Prison for the causes abovesaid the priviledge of the Parliament or that the same Sir Thomas was Speaker of the Parliament notwithstanding And that the premises should be opened and declared to them that were com●● for the Commons of this land and they should be charged and commanded in the Kings name that they with all goodly hast and speed proceed to the election of another Speaker The which premises for as much as they were matters of Law by the commandements of the Lords were opened and declared to the Commons by the mouth of Walter M●yle one of the Kings Sergeants at Law in the presence of the Bishop of Ely accompanied with other Lords in notable number and there it was commanded and charged to the said Commons by the said Bishop of Ely in the Kings name that they should proceed to the election of another Speaker with all goodly hast and speed so that the matters for which the King called this his Parliament might be proceeded in and this Parliament took good and effectuall conclusion and end VVhereupon th● Commons accordingly elected Thomas Charlton Knight for their Speaker the next day and acquainted the Lords therewith and desired the Kings approbation of their choice which was accorded unto by the King In the Parliament of 39. H. 6. n. 9. Walter Clerke one of the Burgesses of Parliament for Chippenham was arrested and imprisoned in the Fleet for divers debts to the King and others upon a Capias U●lagat●m whereupon the Commons complained thereof to the King and Lords and desired his release and tendred them an Act of Parliament ready drawn for that purpose to which Petition and Bi●● of theirs the King by the ASSENT OF THE LORDS SPIRITUALL and TEMPORALL assented And thereupon hee was freed In like maner Richard Chedder In the Parliament of 35. Eliz. Thomas Fitz-Herbert of Staffordshire was elected a Burgesse of Parliament and two houres after before the Indenture returned the Sheriffe tooke him in upon a Capi●● Utlagatum Whereupon he petitioned the House that he might have a Writ of Priviledge and be enlarged After many dayes debate and Argument of this case in the House by sundry Lawyers and Sir Edward Cooke then Speaker it was agreed That no Writ of Priviledge could in this case be returned into the House of Commons being but a Member of Parliament and no Court of Record but only into the Chancery or House of Peers And that this being a point of Law it was meet the Iudges should be advised with and determine it not the House And at last he was outed of his Priviledge by the Houses resolution In 28. H. 8. Dyer 60. The case of Trewinnerd a Commoner in point of Priviledge of Parliament concerning an arrest was argued and debated before the Judges in the Kings Bench And so was Chedders case in 8. H. 4. 12. 13. So as the Commons only are not the sole Judges of such Priviledge as many now concerve but the House of Peers and Kings Councell and Judges as well as they In these three cases only and no other that I find Sir Edward Cooke admits the Commons to be sole Iudges now though not anciently without the Lords Therefore to extend it generally to all or any other cases of Commoners but these is to pervert his words and extend them farre beyond his meaning Now Lilburnes Overtons Cases are none of these but directly under the Lords sole Iudicature because infringements of their Priviledges of which the Lords only are the Iudges as the Commons pretend they are of their Priviledges as his following passages manifest Thirdly hee addes that both Houses together have power of Indicature but determines not in what cases nor in what way of Judicature which hath caused the Object●rs mistake But the Judgements Records and Iournals of Parliament to which he refers and the cases he cites in the Margin will affoyle this doubt and cleare his meaning which is this First That in attainders and judgements of High Treason Felony or other Misdemeaners in Parliament where the proceedings are not by way of tryall and ordinary Judicature but by * See 31. H 6. n. 45. 64. 38. H. 6. n. 9. to 36. Bill or Act of Parliament there both Houses together and the King too joyntly with them have the power of

Lords who are Freemen of the higest degree may not give judgement against Commoners who are Freemen very learned nonsence we all know that the Lord Chancellour of England Lord Keeper Lord Treasurer Master of the Court of Wards and some of the Iudges of the Kings Courts in Westminster Hall in former times with the Chiefe Iustic●ar and Iustices in Eyre were anciently and of late too as the Earle of Holland and others Peeres of the Realme not Commoners and that all the Peeres of the Realme are in Commissions of Oyer and Terminer and of the Peace yet did wee never heare of any Commoner demurring or pleading thus to any of their Jurisdictions in Chancery Kings Be●ch the Exchequer Chamber Eyres Assises or Sessions Sir I am a Commoner and you are a Peer of the Realme but no Commoner as I am besides you sit here onely in the Kings right doing all in his name and representing his person who is not any Peer but Soveraigne Therefore you ought not to judge my cause not condemne my person nor give any sentence for or against mee it being contrary to Magna Charta which enacts That no freeman should be judged or pressed upon or condemned but by the lawfull judgement of his Peers Certainly no person was ever yet so mad or sottish to make such a Plea before Ignoramus Lilburne And if Lords and Peers may judge the persons and causes of Commoners in the Cancery Kings Bench Exchequer Court of Wards Eyre and at Assises and S●ssions without any violation of this clause in Magna Charta much more may the House of Peers in Parliament doe it who are certainly Peers to Commoners though Commoners be not Peers to them within the meaning of Magna Charta ch 29. Forthly If the Lords in Parliament cannot meddle with or give judgement in Commoners cause without breach of this clause in Magna Charta then why did b See his Innocency and truth justified Lilburne himselfe sue and petition to the Lords as the onely competent Iudges to reverse his sentence in Star-Chamber and give him dammages because it was against this very Chapter of Magna Charta If Lords cannot give judgement in the case of Commoners as now he holds without expresse violation of this Law then h●mselfe in petitioning the Lords to relieve him against the Starre Chamber Sentence because contrary to this very Law and Chapter of Magna Charta was as great a violation of it as his Starr-Chamber censure and his sentence in Starre-Chamber remaines still unreversed because the Lords examining and reversing of it they being no Commoners as hee is but Peers was Coram non judice and meerly void by the Statute of 25. E. 3. St●t 5. ● 4. because contrary to Magna Charta it selfe as hee now expounds it Let him therefore unriddle and assoyle thi● his owne Dilemma or for ever hold his tongue and pen from publishing such absurdities to seduce poore people as he hath don● and exa●perate them to clamour against the Lords for being more favourable in their censure of him then his transcendent Libels and contempts against them deserved Fifthly This Statute is in the dis-junctive by the Lawfull of his Peers OR BY THE LAW OF THE LAND which this Ignoramus observes not 〈…〉 Now by the● Law of the Land every Inferiour Court of justice may fine and imprison men for contempts and misdemeanors against them and their authority therefore the Lords in Parliament being the highest and supreamed Tribunall may much more doe it and have ever done it even by this expr●●●e clause of Magna Charta the Law and Custome of Parliament as well as they may give c 〈…〉 judgements in writs of Errour againster for Commons without the Commons consent as himselfe ●oth grant Fifthly It is granted by Lilburne that by this expresse Law ●o f●eeman of England ought to be judged or censured but onely by his Peers and that Commoners are no Peers to Nobl●men nor Noblemen Peer● to Commoners Then by what Law of reason dared he to publish to the world d 〈…〉 That the House of Commons are the Su●reme Power within this Realme and THAT BY RIGHT THEY ARE THE LORDS JVDGES certainly this is a Note beyond Ela a direct contradiction to Magna Charta in this very clause wherein hee placeth his strength and subverts his very ground work against the Lords jurisdiction in their censure of him For if the House of Commons be by right the Lords ●udges then by Magna Charta c. 29. they are and ought to bee their Peers and if the Commons bee the Lords Peers then the Lords must bee the Commons Peers too and if so then they may lawfully be his judges even by Magna Charta because here he grants them to bee no other then his Peers Loe the head of this great Goliah of the Philistin Levellers cut off with his owne sword and Magna Charta for ever vindicated from his ignorant and ●●ttish contradictory Glosses on it and to convict him of his Errour in affirming the House of Commons to bee by right the Lords judges I might informe him that Magna Charta it selfe ● 1. 20 and Sir Edward Cooke his chiefe Authour in his commentary on them are expresse against him that in the Parliament of 15. c. 3. ch 2. in print it was enacted That whereas before this time the Peers of the Land have been arrested and imprisoned and their Temporalities Lands and Tenements Goods and 〈◊〉 seised in the Kings hards and some put to death WITHOVT IVDGEMENT OF THEIR PEERS that NO PEER OF THE LAND Officer or other by reason of his office nor of things touching his office nor by other cause shall be brought in judgement to lose his Temporalities Lands Tenements Goods Chattels nor to bee arrested or imprisoned outlawed exiled nor forejudged nor put to answer NOR TO BE IVDGED BVT BY AWARD OF THE SAID PEERS IN PARLIAMENT which Priviledge of theirs was both enjoyed and claimed in Parliament 4. E. 3. n. 14. 15. E. 3. n. 6. 8. 44. 49. 51. 17. E. 3. n. 22. 28. F. 3. n. 7. ●0 16. 10 R. 2. n. 7. 8. c. and sundry other Parliament Rolls e See Cook 4. Instit p. 15. ●7 E. 3. 19. And in 11. R. 2. n. 7. All the Lords in this Parliament as well Spirituall as Temporall claimed this their liberty and franchise that all weighty matters in the same Parliament to be after moved TOVCHING THE PEERS OF THE LAND ought to bee determined and judged and discussed BY THE COVRSE OF THE PARLIAMENT and not by the Civill Law nor BY THE COMMON LAWES used in other inferiour Courts of the Relame The which claime and liberty the King most willingly allowed and granted thereto IN FVLL PARLIAMENT And hereupon in the Parliament of 14. R. 2. n. 13. The King and LORDS without the Commons ADIVDGED the Earledome and Seigniory of Richmond to bee forfeited by reason that Iohn Duke of Br●●tany then