is the power of binding the whole Nation by making altering or abolishing Laws without the Kings or Lords concurrent assents to whom they now absolutely deny any Negative voice making the Commons a compleat Independent Parliament of themselves therefore present all their Petitions add esses to them alone without any acknowledgment or notice of the House of Peers to whom they deny any right or title to sit or vote in Parliament unless they will first divest themselves of their Peerage and Barons right of Session and submit to stand for the next Knights and Burgesses place in the House of Common that shall fall void where if they may have any voice or influence the meanest Cobler Tinker Weaver Waterman shall be elected a Knight or Burgess sooner than the best and greatest Peer and every John of Leyden preferred before King or Prince Charls himself Sic Sceptra ligonibus aequant Which Petitions and Pamphlets of theirs have so puffed so bladdered up many Novices and raw Parliament-men in the Commons House unacquainted with the original Constitution bounds proceedings Laws Customs of the Parliaments of England that they begin to act vote dispose of the Army Navy c. without yea against the Lords not expecting their concurrence contrary to all former proceedings of Parliament the Lords just Privileges and their own Solemn League Covenant to maintain them which may prove very destructive to both Houses the Parliament King Kingdom oppressive to their Representatives the people who generally dislike it if not timely redressed and breed such a deadly feud between the Houses as may soon ruine them both and the Kingdom to boot The end of these Anabaptists Levellers Lilburnians being only to destroy the Parliament by setting both Houses at variance they inveighing as bitterly against the power proceedings Ordinances Votes Members undue Elections unequal Constitution of the House of Commons as they do against the Lords Hereupon they have most earnestly pressed in their Pamphlets their late Remonstrances Engagements from their Confederates and Agitators in the Army a speedy period and dissolution of this Parliament a new modelling and more equal distribution of the Members in the very House of Commons for the future c. All which Petitions Papers Remonstrances Pamphlets of theirs tending to the utter subversion of Parliaments the fundamental Laws Government of the Kingdom yea to an introduction of arbitrary popular Polarchy and Tyranny are rather to be ranked among and more agreeable to Jack Cades or the Earl of Straffords and Canterburies Treasons which they exceed by many degrees than to be slighted or countenanced as they are the keeping up the honour of our Peers the rights Privileges of both Houses within their just bounds without interfeiring or incroachment upon one another or invading the peoples Liberties being the only probable means of their of our preservation settlement security Upon which consideration I shall here endeavour as briefly yet fully as I may to vindicate the undoubted Right of the Lords or Peers of this Realm to sit vote in Parliament notwithstanding they are not elected by the people and to make good their right power of Judicature as well of Commoners as Peers against all the cavils of Jesuited Anabaptistical Levellers Lilburnians Sectaries Agitators whom I hope so farr to silence and stop their mouths if not convince their judgements that they shall never be able to reply hereunto SECTION 1. Proving the Lords antient undoubted Right to sit and vote in all English Parliaments with the Grounds thereof though not elected by the People THe sum of all these Levellers object against the Lords right of sitting voting judging in Parliament is this That they sit there only by Patent by the Kings will Tenure or descent not by the Peoples free Election alone as the Knights Citizens and Burgesses doe That the people never intrusted nor invested them with any power but the King That they represent themselves only not the Commons and are the Sons only of Conquest of Usurpation brought in by the Conquerour not of Choice and Election 1. To this I answer first That our Lords Dukes Earls Barons Nobles yea Archbishops Bishops Abbots Priors too who held by Barony â—ate antiently in all our General National Councels and Parliamentary Assemblies many hundred of years before the Conquest both in the Britons and Saxons reigns by right of their Peerage and Tenures as now they doe as I have unanswerably proved in My Historical Collection of the antient Parliaments and Great Councils of England My Antiquity triumphing over Novelty p. 56. to 80. And in my 1 2 and 3. Parts of A Seasonable and Legal Vindication and Chronological Collection of the good old Fundamental Laws c. of all English Freemen Which is likewise attested by Modus tenendi Parliamentum Sir Edward Cook Vowel others and all our Historians Therefore this is a gross mistake That they are the Sons of Conquest introduced by the Conquerour The rather because in all Empires Kingdoms in the world though free and never conquered their Princes Dukes Nobles Lords and great Officers have ever sate in all their Parliaments Senates and General Councels of State by reason of their Honors and places only without any popular Elections as is clear by these Texts of Scripture 1 Chron. 23.1 2. c. 28.1 2. c. c. 29.1.6.24 2 Chron. 1 2 3. c. 5.3 4. c. c. 23.2 3.20 21. c. 30.2 3 6 12. c. 34.29 30. c. 35.7 8. Neh. 9.38 c. 10. Esther 1.13 to 22. Dan. 3.2 3. 2 Chro. 29.30 c. 32.3 Ezra 9.1 c. 10.8 1 Sam. 5.8 c. 29.3 to 10. Psa 68.27 Prov. 8.15.16 Isa 19.11 12 13. Jer. 17.25 c. 26.11.16 c. 36.12.14 c. 37.14 15. c. 38.4.25.27 Dan. 6.1 6 7 8. Jonah 3.7 Psa 2.2 Isa 1.23.26 compared together and by all Historians and Polititians testimonies 2. Secondly that they sit there only by the Kings Patent is false For first many Peers Nobles have been created in and by Parliament at the Commons earnest Petitions by Patents confirmed in Parliament of which there are many Presidents Secondly though the Kings Writ or Patent create others of them Peers Barons without the peoples consent yet the Laws and Statutes of the Realm made by the Commons consents and approved by the people allow the King this power yea authorize enjoyn all Lords Barons to sit in Parliament when thus creaned if there be no just exceptions taken to them by the Houses therefore though they are created Lords and sit in Parliament by the Kings Patents or Writs onely by way of instrument or conveyance yet originally they are made Lords and sit there only by the Laws and Statutes of the Realm to which all the people have consented of which more hereafter Thirdly all antient and new Cities Burroughs who send Citizens or Burgesses to Parliament and Counties who send Knights to Parliament were originally created and invested with this power to elect
they their Ancestors purchased at so dear a rate and a means to dis-ingage them for ever siding hereafter with and setting them against the Commons and Republike for such an high dishonour and affront as this will prove 3ly Our Lords and Nobles have been the stoutest Champions to defend the Rights Privileges Liberties of the Crown Realm and Church of England the Great Charters Liberties Laws Franchises Properties of the Clergy people therein against the Popes and Prelates Antichristian invasions and enchroachments on them for proof whereof I shall present you with these few pertinent presidents instead of many others recorded in our Annals Pope Paschal the 2. and his Confederate Anselm Archbishop of Canterbury endeavouring by a Papal Decree to deprive the King of the investiture of Bishopricks by a Ring and Staff which his Ancestors enjoyed The King thereupon writ and sent him a Letter by two of his Bishops Anno Dom. 1103. wherein he concludes thus Beneficium quod ab Antecessoribus meis beatus Petrus habuit vobis mitto eosque honores eam obedientiam quam tempore Patris mei antecessores vestri in Regno Angliae habuerunt tempore meo ut habeatis volo eo videlicet tenore ut dignitates usus et consuetudines quas Pater meus tempore antecessorum vestrorum in regno Angliae habuit Ego tempore vestro in eodem regno meo integre obtineam Notumque habeat Sanctitas vestra quod me vivente Deo auxiliante dignitates et usus Regni Angliae non minuentur Et si ego quod absit in tanta me dejectione ponerem OPTIMATES MEI imo TOTIUS ANGLIAE POPULUS ID NULLO MODO PATERETUR Habita igitur karissime Pater utiliore deliberatione ita se erga nos moderetur benignitas vestra ne quod invitus faciam a vestra me cogatis recedere obedientia To pretermit the Statutes of Clarindon Anno 1164. made and sworn to be observed by the Prelates Abbots Earls Barons and Nobles very derogatory to the Popes and Prelates usurpations in maintenance of the Kings Prerogative and peoples liberties recorded in Mat. Paris p. 96 97. Chronica Gervasii col 1386. In the year 1185. Heraclius Patriarch of Jerusalem comming into England with the Keys of the Tower of David and of Christs Sepulcher and the Banner of the holy Cross presented them to King Henry at Reading whom they had elected King thereof with an earnest Letter from Pope Lucius to accept thereof that so he in his absence might the more securely invade the rights of his Crown and Kingdom Hereupon the King Convocatis apud Londoniam totius Angliae Primatibus as Gervasius Dorobernensis or Convocato Câ—ero Regni ac populo to wit rhe Prelates and Nobles not ordinary Clergy and Commons usually expressed by this phrase as Mat. Paris relates it Convenerunt Londoniis apud Fontem Clericorum decima Kalendas Aprilis Rex cum universa Nobilitate Regni which expounds Clerus Regni et Populus Whence Radulphus de Diceto thus relates it Ad vocationem Regis Cantuariensis electus et Cantuariensis Ecclesiae Suffraganei Dunelmensis Episc Abbat Conventualium locorum Praelati Comites et Barones convenerunt apud fontem Clericorum 15 Kal. Apritis Rex itaque Patriarcha Magistro sanctae domus hospitalis Jerosolomi audientibus omnes suos fideles qui convenerant adjurationibus multis obstrinxit quatenus proponerent in medio quod super his saluti animae suae viderint expedire Ad hoc enim cor suum inclinatum dicebat ut quod acciperet ex eorum consilio modis omnibus observaret Tunc Concilio universo super praemissis colloquenti datum est igitur sub deliberatione quod esset consultius vel quod Rex in propria sua persona Jerosolomitanis succurreret vel Anglorum regno cujus gubernationem in facie Matris Ecclesiae dudum susciperat adhuc praeesse nulla ratione desisteret Ad illa siquidem tria quae Rex quilibet consecrandus promitiit aliqui revocabant Promittit namque se praecepturum opem pro viribus impensurum ut Ecclesia Dei populusque Christianus veram pacem in omni tempore servet Promittit etiam quod rapacitates et omnes iniquitates omnibus gradibus interdicet Promittit adhuc quod in omnibus judiciis aequitatem misericordiam praecipiet Satius ergo visum est VNIVERSIS animae Regis multò salubrius quod regnum suum debita cum moderatione gubernet et a barbarorum irruptionibus a gentibus externis tuâ—atur quam saluti Orientalium in propria sua persona De filiis Regis quidem quorum petiis aliquem Patriarcha si Rex tamen recusaret quicquid statuere cum essent absentes incongruum videbatur Whereupon Heraclius returned the Pope and he by this advice of the Nobles being both deprived of their hopes Rex inito consilio responderat quod oblatum sibi Regnum Hierosolomitanum accipere et adire et Regnum Anglorum deserere hostibus vicinis exponere non fuit ut credidit Deo acceptum cum sit Deo tam gratum tam devotum hoc ut illud King Iohn in the 17 year of his reign having confirmed the Great Charter of the liberties of England and of the Forest by his Seal Oath and the Popes own Bull after his surrender of his Crown and kingdom ro the Pope regranted to him under an annual tribute Pope Innocent by his Bull in a General Council held at Rome repealed these Charters of the King as compelled to grant them by force and fear against his will commanding the King under pain of a curse and excommunication not to observe the Barons not to exact or demand the said Charters or any obligations or cautions whatsoever for or concerning them which he utterly cancelled and made void ut nullo unquam tempore aliquam habeant firmitatem Writing also exhortatory minatory Letters to the Barons not to claim the said Charters or Liberties obtained by force and fear and therefore not only vile and dishonest but unlawfull and unjust under pain of his displeasure and Sentence But what was the issue Matthew Paris thus records Cumque tandem Rege Anglorum procurante Magnates Angliae has Literas tam commoniâ—oriaâ— quam comminatorias accepissent Noluerunt desistere ab inceptis ed adhuc insurgentes Regem acriter infeâ—tabant dicendo de Papa illud propheticum Vae qui justificatis impium c. The Pope being informed that the Barons persisted in the prosecution of their Liberties and Wars against the King excommunicated them al their adherents in general for contemning and disrespecting his said Papal Decree Letters authority and suspended the Archbishop of Canterbury for siding with them But they contemning this his Sentence and persevering in their designs and wars he thereupon excommunicated all the Barons by name and likewise interdicted them and their adherents which being published in most places in the Country and thereby
the most best Antiquaries and English Historians I have seen who Treat of our Parliaments except that Gross Impostor who composed that ridiculous Treatise stiled Modus tenendâ— Parliamentum when there was never any Parliament held in any age in England or Ireland in such manner as â—e there relates prescribes with Sir Edward Cook and some other injudicious Antiqâ—aries seduced by this pretended forged Antiquity have not presumed to derive the Antiquity of the Knights Citizens and Burgesses summons to and siâ—ting in our Parliaments higher than the Parliament held under Henry the 1. at Salisbury Anno Dom. 1116. the 16 year of his reign To which Polydor Virgil Hist Angl. An. 1116. Judge Dodridge and others in the Antiquity of the Parliamenâ—s of England p. 18 19 20 40 80 86 87. Holinshed in his Chronicle vol. 3. p. 38 39. John Speed in his History of Great Britain p. 438 439. referre their Original if not the beginning of Parliaments themselves But under these learned mens correction who produce no warrant from histories or records in that age for proof of what they affirme I dare confidently assert that there is nothing to be found in History or Record to warrant this their fancy but many direct evidences against it which I shall briefly clear being very pertinent to the present controversie and judicature of the Lords House 1. It is most clear that to this Parliamentary Council held at Salisbury Anno 16 H. 1. No Commons Knights Citizens elected by the people were called by this Kings Writs as some of these Authors with the Manuscript of Canterbury positively assert and others of them seem to incline unto but only the Lords spiritual and temporal of the Realm as Holinshed himself relates whom Speed stileth the Estates both Spiritual and Temporal This is evident by Eadmerus who then lived and thus records the proceedings of that convention under this King 13 Kal. Aprilis factus est Conventus Episcoporum Abbatum et Principum totius regni apud Serberiam cogente eos illuc sanctione Regis â—enrici Which Rog. de Hoved. thus seconds Comites et Barones totius Angliae apud Salisberiam convenerunt who as Mat. Paris and Mat. Westminster with them relate Jurarunt fidelitatem Willielmo filio suo Simeon Dunelmensis â—â—iles it Conventus Optimatum et Baronum totius Angliae wherein jussu Regis omnes Comites et Barones cum Clero totius Regni swore fealty to him and his Son as the Chronicle of Brompton also relates not any of our antient Historians making mention of any Commons Knights Burgesses but only of Bishops Abbots Earls Lords and Barons of the Realm there present at it In this Parliament after the Earls Barons and Great men had done homage to William the Kings Son and sworn allegiance to him the Cause and complaint between Ralph Archbishop of Canterbury and Thurstan elected Archbishop of York was there heard and debated which had been agitated between them a whole year before Thurstan being admonished by Ralph to make his subjection to the See of Canterbury and to receive his consecration from him after the ecclesiastical and usual manner Answered That he would willingly receive his consecration from him but he would by no means make that profession of subjection to the See of Canterbury which he exacted but only that which Pope Gregory and after him Pope Honorius the 6. had ordained who made this agreement between the two Archbishops of England Ut neuter alteri subjectionis professionem faceret nisi tantum ut qui prior ordinatus esset quamdiu viveret prior haberetur quod proprium est servorum Dei ut verahumilitate sibi invicem acclives sint nullus super alium primatus ambitionem exercere debet Sicut Dominus noster Verae humilitatis praedicator amator discipulos suos de hac re litigantes redarguens dixit eis Qui major est vestrum erit omnium minister Nullus siquidem post beatum Auguâ—â—inum â— qui non tam Archiepiscopus quam Apostolus Anglorum dicendus est Archiepiscoporum Cantuariensium primatum totius Angliae sibi vendicare praesumpsit usque ad Theodorum Archipraesulem cui propter singularem in Ecclesiastica Disciplina solertiam omnes Angliae Episcopi subjici consenserunt sicut Beda in Ecclesiastica Historia Angliae testatur Quamobrem Turstinus nullam aliam subjectionis professionem Cantuariensi Pontifici facere voluit nisi quam beatus Papa Gregorius instituiâ— Ralph on the other side pleaded the subjection of his predecessors made to his Predecessors Rex autem Henricus ubi advâ—rtit Turstinum in sua stare pervicatia aperte protestatus est illum aut morem antecessorum suorum tam in professione facienda quam in aliis dignitatis Ecclesiae Cantuariensis ex antiquo jure competentibus executurum aut Episcopatu Eboracensi cum benedictione funditus cariturum His auditis ille suo cordis consilio inpraemeditatus credens renunciavit Pontificatui spondens Regi Archiepiscopo se dum viveret illum non reclamaturum nec aliquam calumniam inde moturum qui cunque substitutus fuisset But Thurstan afterwards repenting of his rashness contrary to his agreement in Parliament going to the Pope against the Kings command to the Council at Rhemes was there consecrated Archbishop of York by Pope Calixtus himself contrary to his promise to the Kings agent and Canterburies who there publikely protested against his consecration without making any subjection to the See of Canterbury Whereupon the King prohibited Thurstan to return into England or any of his Dominions swearing that he should never return whiles he lived unless he would make his subjection to the See of Canterbury Which Oath he refused to violate at the Popes personal request to him though he then absolved him voluntarily from this Oath saying Quod dicit se quoniam Apostolicus est me à fide quam pollicitus sum absoluturum Si contra eandem fidem Thurstinum Eboraci recepero non videtur regiae honestati convenire hujusmodi absolutioni consentire Quis enim fidem suam cuivis polâ—câ—ntii amplius crederetur cum eam meo exemplo tam facile absolutione annihilari posse videret As in this famous Parliamentary Council of Salisbury so in all precedent and subsequent Great Councils and Conventions during the whole reign of king H. 1. the Prelates Earls Barons spiritual and temporal Lords were only summoned as Members not any Knights Citizens Burgesses or Commons elected by the people which I shall next make good In a Parliamentary Council in the 1. year of his reign Anno 1100. he was elected and crowned King of England abolished ill Laws confirmed King Edwards Laws and the Great Charter of Liberties under his Seal Communi Concilio Baronum regni Archiepiscoâ—is Episcopis Comitiâ—uâ— Proceribus Magnatibus et Optimatibus totius Regni Angliae there subscribing to his Charter then granted as witnesses See here p. 58
though amiable delightfull in themselves and gratefull to all true Philopaters Philologers and learâ—ed Nobles Statesmen Lawyers Scholars in this degenerous age wherein all sorts of Learning and insight in Records or Parliamentary Antiquities are very much decayed will yet be very displeasing to some sorts of ignorant heady extravagant persons who love darkness more than light because their deeds are evil but more especially to the Anabaptistical Levellers Lilburnians innovating Publicans and Republicans much like the Chaldeans of old a bitter and hasty Nation lately marching through the breâ—th of the Land to possesâ— the dwelling places that are not theirs they are terrible and dreadfull their judgement and dignity proceedeth of themselves they are all for violence they scoff at KINGS AND PRINCES ARE A SCORN UNTO THEM as appears by their late Votes Declarations Engagements not only against Kings and Kingship but the whole House of Lords and to â—lliterate self-conceited Lawyers and ignorant Members of the Commons House who deem that House and its Committees if not every Member of it the only Supream Judges and Judicature of the Realm paramount our Kings Lords Laws Liberties Great Charters and all other Courts of Justice having an absolute arbitrary unlimited power to act vote and determine what they please without appeal or consult which this Plea irrefragably disproves as a most gross and dangerous mistake for which they will frown upon it if not â—ate and prosecute me as their Enemy But the Sun must not cease from shining because weak and sore Eyes will be offended with its splendor nor seasonable truths of most publike concernment be concealed smothered in time of greatest need because ignorant erronious sottish â—air-braind Levellers or Innovator will be displeased with and storm against them they being always Sweet and lovely in themselves yea precious to the best of men and will prove victorious in conclusion though clouded suppressed maligned for the preâ—ent yea he who by the publication of such truths rebukes wise ingenuous mens extravagant actions and opinions for the present shall afterwards find more favour with them when they come to know themselves and their mistakes by meditating on the truths revealed to them heâ— he that flattereth them with his lips in their exorbitant actions or erronious opinions I shall therefore recommend this Plea for the Lords and all the truths therein discovered asserted to the omnipotent â—rotection and effectual blessing both of THE LORD OF LORDS and GOD OF TRUTH whose Eyes are upon the TRUTH in this sad age of Errors Falshoods Lies Fraud and desperate Hypocrisie wherein truth is fallen in the Streets and he that dares boldly assert it is reputed mad and maketh himself a prey And shall leave it as a lasting monument to posterity of my Cordial affection to the antient Parliamentary proceedings Lords Peers Laws Liberties Properties Great Charters of the English Nation and my sincere endeavours to plead their cause in the worst of times against all their Antagonists and professed Enemies though never so numerous and formidable albeit to my own private prejudice Whatever the Reader shall find wanting in this Plea relating to the Constitution Summons Proceedings of our antient English Parliaments in general or to the power Judicature Rights privileges transactions of our Kings Lords or House of Com. in Parl. in particular you may read at leisure in my Preface and Tables to An Exact Abridgement of the Records in the Tower of London from the reign of King Edward the 2. to Richard the 3. and in the Abridgement it self collected by that famous Antiquarie Sir Robert Cotton lately published which will better instruct the Readers in all Parliamentary affairs than all the slight unsatisfactory Treatises of our Parliaments hitherto published except this Plea which I humbly submit to the friendly Imbrace and impartial Censure of every Judicious Reader especially of my own profession for whom it is most proper whose general ignorance and mistakes in Parliament Antiquities proceedings and matters of the Crown hath brought some disparagement upon the function and led others into dangerous publike Errors which that this Plea may wipe off and rectifie hereafter for the common benefit ease settlement re-establishment of our late dissipated Parliaments and confused distracted Nations shall be the Vote and dayly prayer of Thy unfeigned Friend and his Countries publike unmercenary Servant WILLIAM PRYNNE Lincolns-Inne 6 Decemb. 1657. A Plea for the LORDS AND HOUSE of PEERS OR A short yet full and necessary Vindication of the Judiciary and Legislative Power of the House of Peers and the Hereditary just Right of the Lords and Barons of this Realm to sit vote judge in the high Court of Parliament THe treasonable destructive design of divers dangerous Anabaptists Levellers Agitators in the Army City Countrey and of Lilburn Overton their Champions Ring-leaders in this Seditious Plot to dethrone the King unlord the Lords new-model the House of Commons extirpate Monarchâ— suppress the House of Peers and subvert Parliaments the only obstacles to their pretended Polarchy Anarchy are now so legible in their many late printed Petitions Lâ—bels Pamphlets so visible in their actings and publike proceedings that it rather requires our diligence and expedition to prevent than hesitancy to doubt or dispute them they positively protesting against yea denying both King and Monarchy in their late printed Pamphlets Remonstrances with the Power Judicature of the House of Peers and their undoubted just Hereditary right to vote act or sit in Parliament because they are not elecâ—ed by the people as Knights and Burgesses are asserting That they are no natural issues of our Laws but the Exorbitances and Mushromes of Prerogative the Wenns of just Government the Sons of Conquest and usurpation not of choice and election intruded upon us by power not made by the people from whom ALL POWER PLACE and OFFICE that is just in this Kingdom OUGHT TO ARISE meer arbitrary Tyrants Vsurpers an illegitimate and illegal power and Judicatory who act and Vote in our affairs but as INTRUDERS who ought of right not to judge censure or imprison any Commoner of England even for libelling against them refusing to appear before them reviling and contemning them and their Authority to their faces at their very Barr as Lilburn Overton boast and print they did or breaking any of their undoubted Privileges To accomplish this their design the better they endeavour by their most impudent flattery to ingage the House of Commons against the House of Peers the better to pull them down stiling and proclaming the Commons in their Petitions and Pamphlets The ONLY Supreme legal Judicatory of the Land who ought BY RIGHT to judge the Lords and their proceedings from whom they appeal for right and reparations against the House of Peers affirming That in the Commons House alone resides the formal and legal Supreme Power of England who ONLY are chosen by the People and THEREFORE IN THEM ONLY
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 Wrâ— 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 â—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 â—â—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
Deut. 17.14 15. When thou art come into the Land which the Lord thy God giveth thee and shalt possess it and dwell therein and shalt say I will set a King over me like as all the Nations that are about me Thou shalt in any wise set him King over thee WHOM THE LORD THY GOD SHALL CHUSE not the people Upon which account when the Israelites grew wearie of the Government of Samuel and his Sons all the Elders of Israel gathered themselves together and came to Samuel unto Ramah and said unto him Behold thou art old and thy Sons walk not in thy wayes Make or Give thou us a King to judge us like all the Nations not taking upon themselves the power to nominate and elect their very first King but referring the choice to Samuel himself Who thereupon prayed unto the Lord for direction therein After he prayed God commanded him to hearken to the voice of the people and to make them a King 1 Sam. 8.4 to the end yet such a one as God himself not Samuel or the people should appoint For soon after God told Samuel that to morrow about this time he would send him a man out of the Tribe of Benjamin and thou shalt anoint him to be Captain over my people Israel whereupon Saul coming to him at that time when Samuel saw him The Lord said unto him Behold the man whom I spake to thee of this same shall reign over my people then Samuel took a horn of oyl and powred it upon his head and kissed him and said Is it not BECAUSE THE LORD HATH ANOINTED THEE KING OVER HIS INHERITANCE Who being afterwards brought forth before all the people assembled at Mizpeh Samuel said to all the people See ye HIM WHOM THE LORD not I or you HATH CHOSEN that there is none like him among all the people Upon which all the people shouted and said GOD SAVE THE KING 1 Sam. 9.16 17. c. 10.1.17.23 24. So that God himself not Samuel nor the people elected and made Saul King over his own people which is further evident by the 1 Sam. 15.17.35 After which God rejecting Saul from being King he both elected appointed and anointed David to be King over Israel 1 Sam. 16.1.12 13. Psalm 78 70 71. 2 Sam. 7.8 1 Chron. 28.4 Whereupon all the Tribes after Sauls death came to David to Hebron made a League with him and anointed him King before the Lord upon this account that the Lord had said unto him Thou shalt feed my people Israel and thou shalt be a Captain over Israel 2 Sam. 5.1 2 3. acknowledging therby the choice of their King to be Gods peculiar right not theirs After which God himself to manifest the choice of their Kings to be not in the people but in his own disposal being but his Vicegerents Substitutes and sitting upon his throne to be Kings for the Lord their God 2 Chron. 9.8 Isay 44.28 Acts 13.22 setled the inheritance of the Crown and Kingdom of Israel in David his Sons and posterity for ever appointing Solomon his Son immediately to succeed him and making him King over his people as is evident by the 2 Sam. 7.8 to the end 1 Kings 5.5 c. 6.12 c. 8.20 1 Chron. 22.20 c. 28.4 5 6 7. 2 Chron. 1.8 9. c. 2.11 Psal 89.3 4 20. to 38 2 Chr. 23.3 c. 6 16. c. 7.18 1 Kings 15.4 5. Jer. 33.15.17.20 21. c. 23.5 6. c. 30.9 Ezech. 34.23 24. c. 37.24 29. Hos 3.5 Lu. 1.32 33. Upon which account afterwards when the ten Tribes revolted from Rehoboam and the House of David against Gods institution and made Jeroboam their King God thereupon chargeth it upon them as a high incroachment upon his prerogative in these terms Hosea 8.4 They have set up Kings but not by me they have made Princes and I knew it not And hereupon Abijah heir by hereditarie succession to David thus charged Jeroboam and all Israel with rebellion against God and Rehoboam therein 2 Chron. 13 5 6 7 8. Ought you 〈◊〉 to know THAT THE LORD GOD OF ISRAâ—â—AVE THE KINGDOM OVER ISRAEL TO â—D FOR EVER EVEN UNTO HIM AND TO HIS SONS BY A COVENANT OF SALT But Jeroboam the Son of Nebat the Servant of Solomon the Son of David is risen up AND HATH REBELLED AGAINST HIS LORD And there are gathered unto him vain men the children of Belial and have strengthned themselves against Rehoboam the Son of Solomon when Rehoboam was young and tender hearted And now you think TO WITHSTAND THE KINGDOM OF THE LORD IN THE HANDS OF THE SON OF David and ye have a great multitude c. O children of Israel fight ye not against the Lord God of your Fathers for YOV SHALL NOT PROSPER And God smote Jeroboam and all Israel before Abijah the right heir and Judah and God delivered them into their hand And Abijah and his people slew them with a great slaughter So there fell down slain of Israel five hundred thousand chosen men The greatest slaughter we ever read of in one battel in sacred or prophane Histories If then God allowed not the free election and nomination of Kings and Supreme Governours to his own people of Israel their Tribes or Elders but reserved it only to himself as his own peculiar prerogative which they might not intrude upon without high presumption and exemplarie punishments as the forecited Scriptures with Iudges 2.20 Acts 13.20 21 22 23. undeniably evidence By what Law of God or Nature any other vulgar rabble or people of God can now challenge this as their proper birthright and natural inherent due to elect all their Kings all their Supreme or subordinate Officers and all Peers of Parliament especially in an hereditarie kingdom transcends my reason to comprehend unless they will blasphemously tax God himself for injuring his own peculiar people in usurping upon and depriving them of this their Natural right and freedom 8ly The Scripture is most express and positive That it is God who removeth Kings and setteth up Kings Dan. 2.28 That the God of Heaven setteth up kingdoms and Kings That the most high ruleth in the kingdoms of men and giveth them to whomsoever he will Dan. 2.44 c. 4.25.34 35. That promotion cometh neither from the East nor from the West nor from the South but God not the people is the Judge he pulleth down one and setteth up another Psa 75 6 7. He looseth the bond of Kings and girdeth their loins with a girdle He powreth contempt upon Princes and weakneth the strength of the mighty Job 12.18 19. Whereunto God adds Prov. 8.15 16. By me Kings reign and Princes decree Justice By me Princes rule and Nobles and all the Judges of the earth Hereupon Samuel used this speech to King Saul 1 Sâ—m 15.26.28 The LORD hath rejected thee from being King over Israel The LORD hath rent the kingdom of Israel from thee this day and hath given it to a neighbour of thine better than thou Yea the Apostle Rom.
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 Britâ—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
heretofore or to any Judges Justices Governours Generals Captains or other Militarie Officers made by their Commissions or appointment without the generality of the peoples Votes or consent especially when above half or three full parts of the Members were absent or driven from both Houses by the Objectors violence and menaces These Answers premised which have cut off the head of the Objectors Goliah and chief Argument against the Lords sitting in Parliament I shall now proceed to the proof of the Lords undeniable Right and Authority to sit Vote and give Judgement in our Parliaments though not actually elected nor sent to them by the people as Knights and Burgesses are 1. It is evident by the Histories Records of most antient and modern Kingdoms and Republikes in the world that their Princes Nobles Peers and great Officers of State have by their Original Fundamental Laws and Institutions by right of their very Nobility Peerage and great Offices without any particular election of the people a just right and title to sit consult Vote enact Laws and give Judgement in all their General Assemblies of State Parliaments Diets Councels as might be manifested by particular instances in the Kingdoms Republikes Parliaments Diets and General Assemblies of the Jews Aegyptians Grecians Romans Persians Ethiopians Germans French Goths Vandals Hungarians Bohemians Polonians Russians Swedes Scythians Tartars Moors Indians Spaniards Portugals Danes Saxons Scots Irish and many others Hence Dionysius Halicarnasseus Antiquitatum Romanorum l. 2. Sect. 2. affirms That both hereditary and elective Kings even in the antientest times CONSILIUM HABEBANT QUOD EX OPTIMATIbVS CONSTABAT had a Council which consisted of Nobles and Great men as Homer and the most antient Poets attest Neque ut nostro seculo Regum priscorum dominatus erat nimium sui juris neque ab unius sententia pendebat Now to deny the like privilege to our English Peers and Nobles which all Nobles Peers in all other Kingdoms Nations Republikes antiently have enjoyed and yet doe constantly enjoy without exceptions or dispute is a gross injury injustice over-sight yea a great dishonour both to our Nobility and Nation Secondly By and in the very primitive constitution of our English Parliaments for many hundred years together there were no Knights nor Burgesses at all but only the King and his Nobles after which when elected Knights gestes were first sent to Parliament about 49 H. 3. it was granted by the Kings grace and unanimously agreed by the kingdoms peoples general consents that our Parliaments should alwayes be constituted and made up not of Knights and Burgesses only elected only by Freeholders Burgesses not by the generality of the vulgar people who would now claim usurp this right of Election but likewise of the King the Supreme Member by whose writs the Parliaments were and ought to be alwayes summoned and of the Lords Peers Barons ecclesiastical civil and great Officers of the Realm who ought of right to sit vote make Laws and give Judgement in Parliament by vertue of their Peerage Baronies Offices without any election of the people the Commons themselves being no Parliament judicatorie or Law-givers alone without the King and Lords as Modus tenendi Parliamentorum Sir Ed. Cook in his 4. Institutes ch 1. Mr. Seldens Titles of Honour part 2. ch 5. Vowell Cambden Sir Thomas Smith Cowell Minshaw Crompton with others who have written of our English Parliaments assert and all our Parliament Rolls Statutes Law-books resolve without whose threefold concurrent assents there is or can be no legal Act nor Ordinance of Parliament made since the Commons admission to vote in Parliament and assent to Bills which was but of later times out of the Kings frâ—e Grace Thirdly This right of theirs is confirmed by prescription and custom from the very first beginning of Parliaments in this kingdom till this present there being no president to be found in History or Record of any one Parliament held in this Island since it was a kingdom without the King personally or representatively present by a Protector Custos Regni Commissioners as he ought to be or without Lords and Peers antiently stiled Aldermen Heretockes Senators Wisemen Princes Dukes Earls Counts Nobles Great men c. by our Historians who make mention of their constant resorting to sitting voting judging in our General Assemblies and Parliamentary Councils under these Titles without the peoples Election for many hundreds of years before the Conquerors time in the antientest Parliamentary Councils we read of under the Britons and Saxons witness Beda Ingulphus Geoffry Monmouth Huntingdon Matthew Westminster Florentius Wigorniensis Malmsbury Hector Boetius Speed and others in their Histories Antiquitates Ecclesiae Britannicae Spelmanni Concilia Tom 1. Mr. Lambard his Archaion Sir Edward Cook in his Preface to the 9. Report and fourth Institut c. 1. M. Seldens Titles of Honor part 2. c. 5. which I have largely manifested in my Truth triumphing over Falshood Antiquity over Novelty p. 56. to 90. My Historical Collection of the antient Great Councils Parliaments c there being little if any express or direct mention at all of any Knights of Shires Citizens or Burgesses in any of our Parliamentarie Councils before the Conquest or in the Conquerors time nor yet in the reigns of King William Rufus Henry the 1. Stephen Henry 2. Richard 1. King John or first part of the reign of Henry the 3d the first direct Writ of Summons for any Knights Burgesses or Commons to our Parliaments now extant being that of Clause 49 H. 3. m. 10 11. dorso before which no evident testimony can be produced for their sitting or voting in any great Councils or Parliaments as Members but onely out of the Spurious pretended antient though in truth late ridiculous Treatise stiled Modus tenendi Parliamentum on which Sir Edward Cook and others most rely And whereas some conclude that even in the antient Saxon Great Councils the Commons were usually present as Members being comprehended under the Titles of Sapientes Seniores populi Aeldermanni c. which in the dialect of those times signifie rather Lords and Great Men than Commons or Burgesses as all accord or at least wise under these phrases praesentibus omnibus Ordinibus illius Gentis cum viris quibusdam Militaribus rather Soldiers than knights of which we find mention in the Council of Bechenceld Ann. 697. or omnium Sapientum Seniorum POPULORUM totius Regni coupled with these pre-eminent Titles of Omnium Aldermannorum Principum Procerum Comitum who met together in a General Council under Ine Anno 713. Or cujuscunque Ordinis viros in the Council of Clovesho An. 800. which expressions are now and then mentioned in some antient Councils and Parliaments though rarely yet these are rather conjectural or probable than direct or punctual proofs of what they assert whenas the Lords Title to sit and vote in them is most direct and infallible And
and chief men in the Parliament together with the evident testimonie of the twelve Peers c. The reason is Because there was wont to be a cry or murmur in the Parliament for the Kings absence because his absence is hurtfull and dangerous to the whole Commonalty of the Parliament and Kingdom Neither indeed ought or may he be absent but only in the case aforesaid After which it follows The Archbishops Bishops and other chief of the Clergy ought to be summoned to come to the Parliament and also EVERY EARL and BARON and their PEERS OUGHT TO BE SUMMONED and COME TO THE PARLIAMENT c. Touching the beginning of the Parliament The Lord the King shall sit in the midst of the great bench and is bound to be present in the first and last day of Parliament And the Chancellort Treasurer and Barons of the Exchequer and Justices were wont to record the defaults made in Parliament according to the order following In the third day of the Parliament the Barons of the Cinqueports shall be called and afterwards the BARONS of England after them the EARLS Whereupon if the Barons of the Cinqueports be not come the Baronie from whence they are shall be amerced at an hundred marks and an Earl at one hundred pounds After the same manner it must be done to those who are Peers to Earls and Barons After which it relates the manner of placing the Earls Baron and Peers in Parliament Then adds The Parliament may be held and OUGHT every day to begin at one of the clock in the afternoon at which time the King is to be present at the Parliament and all the Péers of the Kingdome None of all the Peers of the Parliament may or ought to depart alone from the Parliament unless he have obtained and that in full Parliament leave from the King and all his Péers so to doe and that withall there be a remembrance kept in the Parliament roll of such Leave and Libertie granted And if any of the Peers during the term of the Parliament shall be sick or weak so as he is not able to come to the Parliament then he ought three dayes together send such as may excuse him to the Parliament or else two Peers must go and view him and if they find him sick then he may make a Proxie Of the Parliament the King is the Head the beginning and ending So this Treatise The Statute of 5 R. 2. Parl. 2. ch 4. enacts by Command of the King and Assent of the Prelates Lords and Eommons in Parliament That all and singular persons and Commonalties which from henceforth shall have the Summons of the Parliament shall come from henceforth to the Parliament in the manner as they be bound to doe and hath been accustomed within the Realm of England of old time And every person of the said Realm which from henceforth shall have the said Summons be he Archbishop Bishop Abbot Prior Duke Lord Baron Baronet Knight of the Shire Citizen of City Burgess of Burgh or other singular person or Commonalty do absent himself or come not at the said Summons except he may reasonably or honestly excuse himself to our Soveraign Lord the King he shall be amerced and otherwayes punished according as of old time hath béen used to be done within the said Realm in the said case Which relates unto and agrees expresly with that forecited out of Modus tenendi Parliamentum which took it out of this Act. If then all the Lords Peers in Parliament are bound to attend in Parliament being oft times there all called for by name and ought not to depart from it without the Kings and Houses leave under pain of Amercement and other punishment as this Statute resolves and 3 Ed. 3.19 Fitzh Coron 161. Stamford l. 3. c. 1. f. 153. Cook 4 Instit p. 15 16 17.43 28 E. 3. Nu. 1 2. 5 R. 2. n. 2. 8 H. 4. n. 55. and 31 H. 6. n. 45. Where fines were imposed on absent Lords most fully mamanifest then questionless they ought of right to sit in Parliament else it were the height of Injustice thus to fine them In the tenth year of King R. 2. this King absented himself from his Parliament then sitting at Westminster residing at Eltham about forty daies and refusing to come to the Parliament and yet demanding from them four Fifteens for maintenance of his Estate and outward Warres Whereupon the whole body of the Parliament made this answer That unless the King were present they would make therein no allowance Soon after they sent the Duke of Glocester and Bishop of Ely Commissioners to the King to Eltham who declared to him among other things in the Lords and Commons behalf how that by an old Ordinance they have an Act if the King absent himself 40 dayes not being sick but of his own mind not heeding the charge of his people nor their great pains and will not resort to the Parliament they may then lawfully return to their Houses And now sir said they you have been absent a longer time and yet refuse to come amongst us which is greatly to our discontent To which the King answered Well we do consider that our own people and Commons go about to rise against us wherefore we think we can do no better than to ask aid of our Cosen the French King and rather to submit us to him than unto our own 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 aâ—d the Kings wilfull absence Ranulf de Glanvil the first writer of our Common Laws in his Prologue to his book De legibus consuetuainibus Regni Angliae used in the reign of King H. the 2. under whom he flourished and his Predecessors writes thus of the Parliamentary Councils in that age and their Members power to enact Laws Leges Anglicanas licet non scriptas leges appellari non videtur absurdum cum hoc ipsum Lex sit quod Principi placet et legis habet vigorem eas scilicet quas super dubiis in Consilio desiniendis Procerum quidem Concilio et principis accidente authoritate constat esse promulgatas And lib. 13. cap. 32. f. 110. Cum quis itaque infra assisam Dom. Reg. id est infra tempus A Dom. Rege de consilio Procerum adhoc constitutum quod quandoque majus quandoque minus censetur So as the Parliaments under this King and his Ancestors consisted only of the King and Nobles who then made and enacted Laws by the Kings royal assent without any Knights Citizens or Burgesses elected by the people of which I find no mention in the Parliamentary Councils under
Commons can do nothing at all in Parliament since all Laws Ordinances Taxes Votes that are valid and binding to the people must pass Both Houses and have the Lords as well as Commons assent as they resolve in sundry printed Remâ—nstrances Declarations mentioning Both Houses of Parliament â—nd their concurrence to all things therein concluded and the King likewise in his The Lords and Commons in their Declaration of the 5th of August 1645. to the High and Mighty States General of the United Provinces printed in A Collection of Ordinances of Parliament p. 699 700. complain thus to them of this misinformation of their Ambassadors June 20. 1645. The Lower House hath caused the Chamber where they sit in to be hanged with Tapistry which was heretofore never so It is said it is done that the Lords changing their Chamber shall come and sit in the House of Commons and so to be both together reduced into one body and the better agree by number of Votes When heretofore the Parliament was full then the Lords Chamber did consist of about 126. or more Votes and the Lower House of above 500 Votes and they have alwayes been in several Houses and the one could not conclude anything for a Resolution of the King unless the other House did also consent but now the King is absent and the Vpper House should now be melted into the Lower and in the Common Assembly of about 26 Lords which are now here and some 200 Commoners so the most Votes should rule and Ordain all matters Thus much we are told and that it tends to shun many disputes and hindrances which happen in their resolution every day The Lords remain constant to maintain their Rights and say this is to take away all their Right and prerogative taking away their House and so to bring all the power under the Commons â—o which Misinformation the Commons and Lords too returned this Answer to the States My Lords the Commons are charged with endeavour of altering the fundamentals of Parliament by taking away the House of Péers and melting it into the House of Commons when as there was never any debate in the House of Commons concerning aâ—y such matter nor was the same ever intended or desired by the said House After this the whole House of Commons in their Declaration of the 17 Aprilis 1646. of their true Intentions concerning the antient and fundamental Government of the Kingdom thus positively declared to all the world That our true and real Intentions are and our endeavours shall be to maintain the antient and fundamental Government of the Kingdom By King Lords and Commons that we have only desired that with the consent of the King such powers may be setled in the two Houses without which we can have no assurance but that the like or greater mischiefs which God hath hitherto delivered us from may break out again and engage us in a second and more destructive warr Seeing then the very Commons House themselves in these and sundry other printed Declarations have so fully so frequently declared resolved the Lords antient undoubted Hereditarie right and interest to sit vote and assent unto all Laws Ordinances Proceedings in Parliament as the Great Council and Counsellors of the kingdom and acknowledged this their Privilege and the House of Peers to be a part of the fundamental Constitution and Government of this kingdom which they are resolved to maintain and not to alter and that they never intended nor desired much less endevoured the altering the fundamentals of Government by taking away the House of Lords How any Commoners Levellers or others can now dare to question deny or oppugn this their hereditary fundamental right of Peerage or attempt the actual abolishing of the House of Peers without the highest Impudency Treachery Absurdity and incurring the Crime of a New Gun-powder Treason to blow up the House of Lords afresh which the old Jesuitical Popish Gun-powder Traytors only attempted but could not accomplish transcends my understanding to comprehend 11ly The General Council of the Officers of the Army in their Declaration made at Windsore about January 1647. presented to the Lords House by Sir Hardress Waller asserted The hereditary Legal Right of the Lords and their House in Parliament and the Armies fixed resolution to uphold and maintain them and their Privileges with their swords And if John Lilburns printed Letter to the Speaker July 8 1648. p. 26 27. may be credited Lieutenant General Cromwell himself protested to him and others at the Lord Whartons house and that upon his conscience in the sight of God That the Lords had as true a Right to their Legislative and Iurisdictive power over the Commons as he had to the coat on his back and that he and the Army would support the same How dare then any Levellers or Officers in the Army or elsewhere to question or attempt to abolish this their undoubted right to sit vote and exercise a legislative and Juridical Jurisdiction in Parliament and that over Commons themselves in cases which concern their Peerage and in cases not triable properly elswhere but only in Parliament 12. Twelfthly These very Sectaries and Levellers themselves have acknowledged asserted this Right Power of the Lords all along this Parliament till of late as appears by their several Petitions and Complains to them upon sundry occasions heretofore by their resorting to them for Justice against Strafford Canterbury and others Yea Jo. Lilburn himself till his late quarrel with them not only acknowledged their very power of Judicature but highly applauded their Justice in his own cause Petitioning and suing to them not onely for reversal of the sentence against him in Starchamber but likewise for damages and reparations against his Prosecutors pleading his cause by his Counsel before them as his proper Judges who thereupon by judgement of the House vacated the Decree against him as illegal voted him Damages and passed him an Ordinance for the recovery and levying thereof all which he himself hath published in sundry of his printed Pamphlets wherein he acknowledgeth and extolleth their Justice Take but one passage for all in his Innocency and Truth justified p. 74 75. If I be transmitted up to the Lords I confidently believe I shall get forward out of the former experiences of their Justice there I will instance two particulars First when I was a Prisoner in the Fleet and secondly May the fourth one thousand six hundred forty one The King accused me of High Treason and before the Lords Bar was I brought for my life where although one Littleton servant to the Prince swore point blank against me yet had I free liberty to speak for my self in the open House And upon my desire that Master Andrews also might declare upon his Oath what he knew about my business it was done And his Oath being absolutely contradictory to Master Littletons I was both freed from Littletons malice and the
exterminium et omnes Magni qui Stephano juramentum fecerunt MISERVM SORTITI SUNT FINEM In the 16. and 17. years of K. John An. Dom. 1214 1215. The Prelats Earls Nobles and Barons being assembled together in a great Parliamentary Council held at Pauls after at St. Edmunds there was produced and read before them a Charter of King Henry the 1. which the Barons received from Stephen Archbishop of Canterbury which Charter conteined certain Laws and Liberties of King Edward granted to the holy Church and the great men of the Realm with some other Liberties which the said King had added thereunto of his own grant Which being read thereupon the BARONS ALL swore in the Archbishops presenc that if need were they would spend their blood in its defence And afterwards at St. Edmonds Bury the BARONS swore upon the High Altar That if King John refused to confirm and restore to them those Liberties and Rights of the kingdom they would make War upon Him and withdraw themselves from his allegiance till he had ratified them all by his Charter under his Great Seal Which they accordingly performed The King promising to confirm their Liberties and the Charter of King Henry the 1. which the Barons publikely read in 3. of their Great Parliamentary Councils and yet deâ—aying the same thereupon all the Nobles and Barons assembled together at Stamford with their horses friends and followers amounting to many thousands resolving to force the King to grant and ratify the same Whereupon the King sent the Archbishop of Canterbury William Marshal Earl of Pembroke and other prudent men to the Earls and Barons to demand of them Quae essent Leges Libertates quas quaerâ—bant Who thereupon produced a schedule of them to the Messengers quae ex parte maxima Leges antiquas regni consuetudines continebat Capitula earum partim in Charta Regis Henrici 1. superius scripta sunt partimque ex Legibus Regis Edwardi antiquis excerptâ— The Barons affirming quod nisi Rex illas in continenti concederet et Sigilli munimine confirmaret ipsi per captionem Castrorum suorum terrarum possessionum IPSUM REGEM COMPELLERENT donec super praemissis satisfaceret competenter The Archbishop returning to the King and repeating the Articles and Liberties they demanded to him by heart when he understood their contents with great indignation and scorn answered Et quare cum istis iniquis exactionibus BARONES non postulant regnum Vana sunt iniquit et superstitiosa quae petunt nec aliquo rationis titulo fulciuntur Affirmavit tandem cum iuramento fuâ—ibundus quod nunquam tales illis concederet Libertates unde ipse efficeretur servus When the Archbishop and William Marshal the Earl could by no means induce the King to consent thereto they returned by his command to the Barons relating all that the King had said to them in order Whereupon tota Angliae Nobilitas in unum collecta all the Nobles of England collected together into one body constituted Robert Fitzwalter General of their Militia calling him MARESCALLV MEXERCITVS DEI ET ECCLESIAE SANCTAE and flying to their arms besieged several of the Kings Castles Who thereupon seeing himself generally deserted almost by all men and fearing the Barons would take his Castles without any resistance though he bare an inexorable hatred against the Barons in his heart yet thinking to be revenged of them singly afterwards when he could not do any thing against them all being united he sent Messengers to assure them quod pro bono pacis ad exaltationem Regni sui et honorâ—m Gratanter concederet Leges et Libertates quas petebant desiring them to appoint a fitting time and place for them to meet and conferr together and perform what they desired Whereupon the King all the Nobles and Barons meeting together at a Conference in Running Mead he after many debates granted them the Laws and Liberties they desired confirming them by his Charters under his Great Seal the Tenor whereof is at large recorded in Matthew Paris and in the Red Book of the Exchequer being almost the same in Terms with Magna Charta and Charta Forestae afterwards granted confirmed in 9 H. 3. printed in all our Statute Books and so needless to transcribe These Charters being sealed and confirmed by the King he at the Barons request sent Letters Patents through all the coasts of England firmly commanding all the Sheriffs of the whole Realm that they should cause all men of what condition soever within their Bayliwicks to swear that they would observe the foresaid Laws and Liberties and that to the best of their power they would constrain the King himself by the seising of his Castles to perform all the things aforesaid as they were conteined in his Charter In mean time the King sent Letters to Pope Innocent to vouchsafe to confirm the Liberties and Charters he had granted with his Bull. After which for their more inviolable observation it was concluded and enacted That there should be 25 BARONS chosen by the LORDS not Commons who should to their utmost power cause the Great Charter confirmed by K. John to be duly observed That if either the King or His Justicier should transgress the same or offend in any one Article 4 of the said Barons should immediately repair to Him and require redress of the same without delay which if not done within forty days after that then the said 4 BARONS and the rest should distrain and seize upon the Kings Castles Lands and Goods till amends was made according to their arbitration Rot. Patent Anno 17. Johannis Regis in the Tower m. 21 22. n. 23. Dorso Writs were sent to all the Sherifs Counties of England to swear all the people to those 25 Barons to aid and assist them in the premises under pain of seizing their lands into the Kings hands and confiscation of all their goods to him if they refused to take the Oath within 15 dayes And the City and Tower of London were put into the Barons hands till the King had performed his agreement with them Such confidence and power was then reposed in the BARONS alone In the Patent Roll of 16 Johannis Regis pars 1. dors 3· I find this memorable Grant to the Barons well explaining the Statute of Magna Charta c. 29 Sciatis quod concessimus BARONIBUS qui contra nos sunt quod eos nec homines suos capiemus nec dissaiseamus nec super eos per vim vel per arma ibimus nisi per legem Regni nostri vel judicio Parium suorum in curia nostra A very excellent Privilege Law Liberty purchased by the Barons industry inserted into K. Johns Great Charter soon after published ratifying it in these terms Comites Barones non amercientur nisi per Pares suos non nisi secundum modum delicti Nullus liber homo capiatur vel imprisonetur vel
Liberties from vassalage to the Norman yoke assembling all the Commons of Kent to Canterbury informed them That they were born freemen that the name of bondage was never heard amongst them that nothing but servitude attended them if they unworthily submitted to the insolency of the invading Enemy as others had done And thereupon exhorted them manfully to fight for the Laws and Liberties of their County chusing rather to end an unhappy life by fighting valiantly for them in the field than to undergoe an unaccustomed yoke of bonduge or to be reduced from their known Liberties to an unknown and unsure slavery After which the Archbishop and Abbot chusing rather to dye in battel than to behold the misery and slavery of their Native Country became the Captains of the Kentish Army which they raised and by a Stratagem invironing Duke William and his whole Army at Swanscomb they procured this Grant and Concession from him That all the people of Kent should for ever enjoy their antient Liberties without diminution and use the Laws and antient Customs of their Country they being resolved as Stigand told the Duke rather to part with their lives than them Liberty being the proper badge of Kentishmen After which Duke William marching to London to be Crowned King Cumque â—eracta victoria Tyranni nomen exhorrescens et legitimi Principis personam induere Gestiens à Stigando tunc temporis Canâ—uariensi Episcopo consecrari deposceret Ille out of an heroick gallant English Christian spirit Viro ut aiâ—bâ—t Cruento et alienâ— juris Invasori manus imponere nullatenus adquievit Whereupon he was crowned by Aldred Archbishop of York King William for this his stoutness and opposition in defence of his Countries Laws and Liberties under a pretence of honor first carried him with him into Normandy as a Prisoner at large afterwards upon feigned pretences caused him to be deprived of his Archbishoprick and then shut him up Prisoner in the Castle of Winchester where he soon after died of grief or famine having scarce enough allowed him to keep soul and life together Such a curb and terror was he to him whiles he lived in place and power that he could not carry on his designs against the English to captivate or enslave them till he was removed out of the way of this Conqueror who came to the Crown by the effusion of so much Christian bloud that Gulielmus Neubrigensis gives this censure of it and let all other invaders of the Crown by bloud observe it Sane quod idem Christianos innoxios hostiliter Christianus impetiit et tanto sibi sanguine Christianum Regnum paravit quantae apud homines gloriae tantae etiam apud Deum noxae fuit Whence Stigand refused to crown him Simon Monâ—eâ—ort Earl of Leicester the greatest Pillar and General of the Barons in the wars against King Henry the 3d for the preservation corroboration of Magna Charta the Liberties and Properties of the People was so terrible to this extravagant oppressive King frequently violating both his Great Charters Laws Oaths That being perswaded to enter into his house in a tempest of thunder and lightning which he very much feared the Earl courteously meeting him and saying Why do you fear tht tempest is now past the King thereunto replyed not jestingly but seriously with a stern countenance I fear thundring and lightning above measure but by the head of God I tremble more at thee than at all the thundring and lightning in the world Being afterwards slain in the Battel of Eusham in defence of his Countries Liberties Rishanger gives this Encomium of him Thus this magnificent Earl Simon ended his dayes who not only bestowed his estate but his person and life also for relief of oppressions of the poor for the asserting of Justice and the Rights of the Realm A sufficient Ground for such Nobles and their Posterity to sit and Vote as Peers in Parliament without the peoples election In the 3 4 14 15 of K. Edw. 2. his reign Tho. Earl of Lancaster and other potent wealthy Barons were the chief Sticklers against Gaverston and the Spencers who seduced the King oppressed the people and were the principal Pillars of our Laws Liberties as our Historians relate at large procuring those ill Counsellors to be banished and removed from the King even by force of Arms. In 10 11 22. of King Rich. 2. the Duke of Gloucester the Earl of Arundel and other potent Lords were the principal opposers of the Kings ill Counsellors Tyranny the chief protectors of the Laws and peoples Liberties to the loss of some of their lives heads estates as our Statutes the Rolls of Parliament in those years and Historians witness whence Walsingham writing of the Duke of Glocester's death murthered by the Kings command at Calice who was the principal Anti-royalist and head of all the Barons useth this expression Thus died this best of men the Son and Uncle of a King in quo posita fuere spes solatium TOTIVS REGNI COMMUNITATIS in whom the hope and solace of the Commonalty 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 his Head Quarters hung up in several places and K. Richard among other Articles deposed for causing him to be murthered Since then our Peers and Nobles as the premised Examples abundantly evidence have been alwaies persons of greatest valour power estate interest most able forwards to oppose the Tyranny Exactions of our Kings and to preserve the Great Charters of our Liberties first gained since preserved and transmitted to us by their valour bloud counsel cate with our other Laws which they have upon all occasions manfully defended with the hazard loss of their lives Liberties Estates and upon this ground were thought meet by the wisdom of our Ancestors to merit and enjoy this privilege of sitting voting judging in Parliament by vertue of their Peerage and Baronies And since we must all acknowledge that the Lords assembled in a Great Council by the King at York as the Commons themselves acknowledge and remonstrate Exact Collection p. 13. were the chief instruments of calling this present Parliament and were therefore in the Act for Triennial Parliaments principally intrusted to summon and hold all future Parliaments in the Kings Lord Chancellors or Lord Keepers defaults Being also very active in suppressing the Star-chamber High Commission Councel-Table Prelats and other grievances and those who fitst appeared in the Wars against the King and his party in defence of our Laws Liberties Religion Parliaments Privileges to the great encouragement of others witnesse the deceased Lord General Essex Brooke Bedford Stamford Willougbie Lincoln Denbigh Manchester Roberts and others it would be the extremity of folly ingratitude and injustice to deny our Peers this hereditary Right Privilege Honour now w ch
banish Peter Gâ—verston which he refusing to doe they pursued him with their arms cut off his head slighted the Popes Letters and Nuncios regulated his Extortions and enforced the King to confirm the Ordinances they made for the redress of all grievances both in Church and State with the Great Charter Laws and Liberties of the Church and people in whose defence and quarrel this Earl afterwards lost his life To these I could annex many other such like Letters resolutions oppositions of our Earls Lords Barons in Parliament against the Popes Usurpations Encroachments upon the Crowns Royalties of our Kings and Liberties Laws Customs of our Kingdom as 21 E. 3. rot Parl. n. 63.40 E. 3. rot Parl. n. 8. Cooks 4 Institutes p. 13 14.50 E. 3. rot Parl. n. 85. to 108. 27 E. 3. c. 1. 38 E. 3. c. 4. 16 R. 2. c. 5. wherein every one of the Lords temporal in Parliament answered and averred by himself severally and joyntly with the rest That neither King John nor any other could put himself or his Realm or people into subjection or Tribute unto the Pope without their common assents That the submission he made to the Pope was without their assents and against his Oath at his Coronation That if the Pope by process or otherwise would attempt to enforce the King or his Subjects to render him the Services and annual Tribute for England and Ireland granted him by King John they would resist and oppose him with all their power And moreover That they will stand with the Kings Crown and Royalty in all cases of the Popes usurpations clearly in derogation of the Kings Crown in all other cases which shall be attempted against the said Crown and Royalty in all points with all their power whose Gallantry loyalty stoutness have been the chief means under God to enfranchise our Kings kingdoms Church from the manifold Antichristian Tyrannies Usurpations Oppressions Taxes Vassallages Slavery of domineering Popes in all ages as the premises with other instances sufficiently evidence And upon this ground it was by reason of the Popes incessant Usurpations in former times upon the Royalties Rights Liberties both of the Crown Realm and Church of England that the Nobles in our Parliaments were in the very Writs of Summons ever called thereunto to consult and treat with the King Prelats Lords and Great men of the Realm of certain weighty and arduous affairs concerning the State and Defence of the Realm ET ECCLESIAE ANGLICANAE and the Church of England the Defence of the Church as well as Realm against the Popes incroachments being one chief business of our Lords and Greatmen in our Parliaments which now it seems is no part of our New-modelled Parliaments as some stile them there beieg neither DEI GRATIA nor Statum defensionem ECCLESIAE ANGLICANAE to be found in any of their New Writs that I have seen which had been an impious insufferable omission in all former ages This Clause engaging our Peers so stoutly to resist the Pope as the premises demonstrate which good service of theirs hoth in common Justice reason equity merited a Place and Vote for them and their Posterities in all our English Parliaments without any popular election Before I proceed to the next reason of our Lords sitting in Parliament I shall earnestly importune yea adjure all the antient Earls Barons Nobles and Great men of our Realm with all who have lately been or pretend to be any Knights Citizens Burgesses of real or pretended Parliaments our late and present swaying Grandees and all Lawyers Gentlemen Freemen of our English Nation seriously to review and cordially to ponder all the forecited memorable presidents of their Noble Gallant publike spirited Ancestors here recited and bundled up together for their information reformation and undelayed imitation in this and the precedent reason both in procuring regaining reestablishing the Great Charters of our fundamental Liberties Rights Properties Freedom with solemn New publications Excommunications Execrations Oaths Confederacies Penalties Laws Edicts for their own and their Posterities benefit In denying opposing resisting all unreasonable or illegal Aids Subsidies Tenths demanded intreated of or exacted from them by our Kings upon real or pretended Necessities Wants Wars or defence by Sea and Land their bold frequent unanimous magnanimous reprehensions of our Kings and their evil Counsellors to their faces for their Exorbitances Misgovernment Exactions Oppressions Violations of their Great Charter Laws Liberties Privileges Oaths Promises and unnecessary Warrs or Expences without their publike Counsel or advice in their resolute inflexible unanimous resolutions oppositions both in and out of Parliaments against all illegal Papal Encroachments Usurpations Exactions on the Rights Privileges of the Crown Kingdom Church Parliament Clergy People upon every fresh occasion and in their vigilant indefatigable zeal earnest care diligence with the hazard of their Limbs Lives Liberties Estates and effusion of their bloud for the publike Liberty Freedom Ease weal good Government of the Nation according to those wholsom Charters Laws and Ordinances which they procured for that end with much industry strife and opposition in many successive Parliaments And then let them all with confusion of face consternation of spirit and grief of heart seriously consider how stupendiously monstrously and incredibly they have all for near ten years last past most desperately apostatized degenerated both from the Heroick Noble Gallant Memorable Presidents Practices Courage Zeal of these their Renowned Ancestors in every of these particulars and from their own Praiseworthy Actions Remonstrances Councils Parliamentary and Military proceedings of like Nature under our two last Kings out of unworthy un-English unchristian Cowardize Fear Self-love Sluggishness Sottishness Supineness after all their late solemn publike Protestations Remonstrances Declarations Vows Oaths Leagues Covenants near ten years bloudy intestine Wars the overprodigal expence of many Millions of Treasure and whole Oceans of precious Christian Protestant English bloud for the real or at least pretended Defence alone and maintaining secuting those antient undoubted Fundamental Great Charters Laws Liberties Properties Privileges and Rights of Parliament exempting us from all future arbitrary tyrannical illegal Exactions Taxes Excises Imposts Imprisonments restraints exiles and executions which they have now all most ignobly submitted to without the least manly publike or private Opposition contradiction or care activity to break off those iron yoaks of bondage and intollerable perpetual burdens which some Impudent Intruders and new Aegyptian Tax-masters have most illegally imposed on them as if they were all resolved to renounce all their former Great Charters Laws Liberties Privileges and Rights of English Nobles Parliamentmen Freemen and to becom the basest bondslaves under heaven So that if these our Nobles Ancestors should now rise from the dead they might justly stand amazed at this their ignoble slavish cowardize and universal degeneracy yea disclaim them as spurious and none of their heroick English progeny and they all may justly demand this Question from themselves
in electing Members both in antient Boroughs and Counties by subjecting them to new imprisonments forfeiteres of Estate life and trials by Marshal Law in sundry particulars against this Charter instead of easing them of their long-continued illegal Taxes Excises Imposts Imprisonments Confinements c. confirming their former Liberties Franchises Properties Parliamentary privileges punishing the manifold high violations of them with those ill Councellers Projectors who were the chief contrivers of these intollerable grievances and resuming the antitient dissipated Lands Revenues of the Crown which should defray al publik ordinary expences yea how instrumental some of them have been to promote the desperate designs Practises Conspiracies of the Pope and Jesuits themselves now swarming amongst us under sundry disguises to ruine both our Kings Parliaments Church and State is so experimentally visible and well known to them all that I hope the consideration thereof compared with the forecited Presidents of our noble Ancestors and Parliamenâ—s will strike such a confusion of face such a compunction of heart into them for this their degeneracy Apostacy and breach of publike trust that they will now at last to regain their own lost reputations publikely renounce and abhor their former Exorbitances and study to equalize out act those their heroick predecesors by regaining re-establishing our lost Great Charters Laws Properties Liberties Parliaments privileges Peerage and make us once more a free thereby a happy and united Kingdom Church Nation that so they may be deemed worthy to sit vote in our future Parliaments It is storied of our renowned victorious warlike King Edward the 1. that in a Parliament held at Westminster in July 1297. he ascended upon a wooden scaffold before the great hall there with his Son Prince Edward the Archbishop of Canterbury and Earl of Warwick and there before all the people standing by erumpentibus lach ymis veniam de commissis humiliter postulavit dicens se minus bene tranquilliter quam Regem deceret ipsos rexisse portiunculas facultatum suarum quas sibi dederaut seu quas ministri ejus ipso inscio extorserant ideo acceptasse ut in â—urâ—osos hostium conatus sitientium sanguinem Anglicanum sumpta Rei publicae particula massa quietius possidendo potentius expugnaret Et addens ecce expositurus meipsum discrimini propter vos peto si rediero suscipiatis me velut in presentia habetis ABLATA OMNIA REDDAM VOBIS c. If our late or present all-swaying Governors Officers Swordmen will now make but the self same ingenuous acknowledgement as he before all the people that they have not governed them so well and peaceably as they should have done and became them to do that they and their Officers have much oppressed extorted from them not small but great sums of Money by undue and exorbitant means against their wills though with a publike intention to conquer those Enemies more effectually who thirsted after English blood for whose safety they are still ready to adventure their lives That they have sought their own wealth advantage honour preferment more than the publike or peoples welfare thereupon shall with weeping eyes humbly beg pardon of the whole Nation and those particular persons they have any ways ruined or oppressed and promise them full reparation of their injuries and what ever they have unjustly taken from them as this noble King Edw. did and confirm and enlarge all their Great Charters Laws Liberties as fully as freely as he then did upon his Nobles importunity they may then expect that reciprocal Love and dutifull respect to them as the Archbishop with the people then promised to King Edward and his Son with stretched out hands and be deemed worthy to sit and vote in Parliament notwithstanding their former miscarriages exorbitant arbitrary Ordinances and Provisions of which if they repent not I fear in conclusion what Matthew Westminster records of the Barons provisions at Oxon. Lewes and London will be recorded of them to Posterity Haec de provisionibus imo DE PRODITIONIBUS Oxon Lewens Londini dicta sufficiant quae variis aequitatis justitiae fictionibus dealbatae intus autem plenae Versutiae Provisores suos pessime prodiderunt which some of our late swaying republican Legislators have already found true by sad experience Fourthly our Nobles are persons of greater Estates Families Fortunes than others contribute most to all publike Taxes charges and have more to keep and lose than other ordinary Commoners and therefore in respect of themselves their families kinred tenants reretainers allies have greater interest in the Common-wealth and State affairs than they We see by Common experience in all kingdoms Nations and our own Realm that mens great estates innoble and inable them to bear publike Titles Places of Honour Dignity Trust Power as to be Lords Knights Esq Privy Counsellors Justices Sherifs Mayors Aldermen and the like which persons of mean fortunes unable to support these Dignities Offices places of trust and expence likewise are uncapable or unable to bear or manage Wherefore our Ancestors thought it meet just equal that they should have this privilege among others above ordinary Commoners to be present in all our Parliaments by Patent and Tenure only and that of right ex debito justitiae not by election as Knights Citizens and Burgesses are being persons of meaner estate quality and present in Parliament only in the right of others who elect them not in their own rights as the Lords are whose estates antiently were and still are far more worth yea their publike payment greater than many whole Burroughs put together and their families retainers followers far more in number And so their engagements to maintain the Laws Liberties properties of the Subject farr greater than inferiour mens Upon which ground all Barons and Peers of the Realm in cases of debt and executions are free from arrests of their bodres because by reason of their estates and Dignities the Law intends they have lands and assets to satisfie all their debts Fifthly It is one principal property of Members of Parliament to be constant stout inflexible and not to be bowed or turned from the right the publike good or liberties by fear favour promises rewards Now Peers of noble birth education and more generous heroick spirits than the vulgar sort of men are not so apt to be over-awed with regal threats terrified with menaces tempted with honours preferments wealth which they already injoy in a higher proportion than others nor seduced with rewards and privat ends from the common good and interest wherein their honour wealth safety are imbarqued as ordinary Commoners and men of meaner rank and fortunes are which experience of former ages and this present manifests Therefore it was thought just and reasonable by our Ancestors that the Nobles in this regard should sit in all our Parliaments in their own rights without the peoples election and to leave the people to
iâ— regno Quid mihi suaderet vos prodere vel certe necare qui nihil lucri reciperem de vestra morte Nunquid hostes â—estri me ditiorem facerent in terra sua quam effectus sum in terra vestra et in natali solo Aut si regnum affectarem credendu â—ne est post vestram inteâ—fectinnem quod absit Dominos hujus Regni aquâ—nimiter ferre me posse Domini mei et patriae proâ—â—torem Deliâ—ere si placet fidem â—arâ—â—alia â—lerenâ—bus quia paratus sum more militis contra quemcunque mundi mihi in hac causa adversantem pugnare et meam innocentiam defendere et purgare Upon which and other words the King believed the Duke and received his excuses and committed the Frier at his request to the Custodie of the Lord John Holland usque ad diem quo causam diceret horum quae praeposuerat contra eum In ipsa nocte quae processit diem suae responsioniâ— the Frier was strangled and pressed to death by the said John and another Knight and the next day his dead corps was drawn through the street like a Traytor to take away the suspition of his unjust death Ipsi judices ipsi ministri ipsi tortores extiterunt Et hic fructus Parliamenti praesentis praeter hoc quod dominus Willielmus la Zouche quamvis gravissima detineretur aegritudine accersitus erat ad Parliamentum ad standium judicio Regis et Dominorum quia idem â—rater eum velut inventorem inceptorem et incentorem dixerat omnium quae scripserat extitisse Qui cum venisset lectica delatus quia propter guttam equitare non poterat compulsus est discinctus et discooperto capite ad haec omnia sibi objecta more latronum vel proditorum respondere Qui viriliter negavit objecta Sacramento firmans haec nunquam audisse vel hujusmodi cogitasse et ita demum absolutus est et domum redire permissus In this Parliament holden at Salisbury 7 R. 2. rot Parl. n. 11. to 16. John Cavendish a Fishmonger of London made his complaint first to the Commons and after to the Lords against Sir Michael de la Poole Chancellor of England demanding the Peace against him which THE LORDS granted after which he accused him for taking Bribes and delayes and injustice in a sute of his depending before him whereof he cleared himself by his own Oath and the Oaths of other witnesses sworn and examined before THE LORDS Whereupon the Lords being troubled with other weighty matters referred the Chancellors reparation for the Scandal to the ordering of the Judges The same Sir Michael de la Pole Earl of Suffolk and Chancellor of England in the Parliament of 10 R. 2. rot Parliamenti n. 6. to 18. was accused in full Parliament before THE KING BISHOPS LORDS by the Commons who exhibited sundry Articles against him recorded at large by Henry de Knyghton agreeing with the Parliament Roll. The effect of them was this That whiles he was Chancellor against his Oath to procure the profit of the King he had purchased lands and tenements of the King of great value at under rates and exchanged uncertainâ— customs and rents for good lands in deceipt of the King and for spending the Aids granted to the King the last Parliament to guard the Seas in another manner than they were granted whereby the Seas were not guarded and much mischief hapned to the Realm c. The Lords Commons refused to act any thing till the King came in person to Parliament and the Chancellor removed upon these Articles The Chancellor demanded of the LORDS 1. Whether he should answer these Articles without the Kings presence for things done whiles he was Chancellor for that he being Chancellor of England for the time represented the Kings person in Parliament during his absence thence Secondly Whether his Brother in Law Sir Richard Scroope might not answer for him whom he had by advice of his Counsel appointed to do it To which the LORDS answered and resolved It was honest and fit for him to answer for himself Whereupon he making protestation that he might adde to or diminish from his answer and that which might be honourable to him by advice of his Counsel the Lords granting thereunto He thereupon put in an answer and replication to all the Articles to which his Counsel added some things in making his defence The Commons replyed to his answer to w ch he by way of rejoyndâ—r replied and answered to them his defence sâ—eming very solid Yet the Commons upon his replication before judgement pressed the King then being in Parliament and she Lords that he might be committed for the grievous offences charged against him Whereupon he was arrested by the Kings command and committed to the custody of the Constable of England and after let to mainprise Ar last THE LORDS in full Parliament GAVE JUDGEMENT AGAINST HIM That for breach of his Oath all the Manors and lands which he had of the Kings gift contained in the Articles should be seised into the Kings hands to have them to him and his heirs for ever together with their mean profits and issues saving to him the name and Title of a Knight and Earl together with an annuity of 20 l. yearly granted him out of the profits of the County of Suffolk The like judgement was given against him for the lands exchanged by the King for the customs of Hull and the Priory of St. Anthony Walsingham addes That he was deprived likewise of his Chancellorship and adjudged worthy of death yet the Lords would not put him to death but sent him prisoner to Windsore Castle Rex autem non multo post annullavit quicquid in Parliamento statutum fuerat contra ipsum In the Parliament of 11 R. 2. rot Parl. â— 6 7. Thomas Duke of Gloucester kneeling before the King said that he understood the King was informed he went about to depose him and to make himself King Wherefore he offered to put himself upon his tryal in that behalf as the Lords of the Parliament would award Whereupon the King said in open Parliament that he thought the said Duke was nothing faulty and therefore held him excused After which all THE LORDS as well spiritual as temporal being in the Parliament claimed their liberties and franchises namely That all weightâ— matters in the same Parliament which should be after moved touching THE PEERS OF THE LAND ought to be discussed JUDGED AND DETERMINED BY THE M by the course of Parliament and not by the Civil Law nor yet by the Common Law of the Land used in other Couâ—ts of the Realm The which claim and liberties the King most willingly allowed and granted thereto in full Parliament After which Thomas Earl of Glocester Henry Earl of Derby Richard Earl of Arundel Thomas Earl of Warwick and Thomas Earl of Marshal Lords Appellants impeached Alexandâ—r Archbishop of York Robert de Vere
to them in all ordinary Civil and criminal causes For prooâ— whereof you may peruse at leisure M. Seldens Titles of Honour Part 2. c 5. Sect. 5. Sir Edw. Cooks Institutes on Magna Charta c. 35. His 4. Institutes c. 53. the Laws of King Edgar and Edward there cited Spelmanni Glossarium Tit. Comites Mr. Lambards Archaion f. 135. Horns Mirrour of Justices c. 1. Sect. 2 3. If then they were Judges of the Commons and people in every County by reason of their Honours Dignities even in antientest times in ordinary Causes there is great right and reason too they should be their Judges also in all their extraordinary causes as well criminal as civil even in Parliament 3ly The Lords Peers and great Officers of State in respect of their education learning experience in all proceedings of Justice and Law are more able fit to be Iudges of Commons in Parliament than ordinary Citizens and Burgesses especially if chosen out of the Cities and Boroughs themselves for which they serve as antiently they were and still ought to be by the Statutes of 1 H. 5. c. 1. 32 H. 6. c. 15. and by the very purports of the writs for their election at this very day de qualibet Civitate Com. praedict DVOS CIVES de quolibet Burgo DUOS BVRGENSES who have better knowledg skill in Merchandise and their several Trades than in matters of Judicature or Law Therefore the Right of Judicature was thought meet even after the Commons admission to our Parliaments to be still lodged and vested in the House of Peers as before who are the ablest and fittest of the two rather than in the Commons House 4ly Since the division of the Houses one from another if ever they sate together which cannot be proved the House of Peers are dis-ingaged and indifferent parties between the King and Commons and so fittest of all to he Judges between them as the Mirrour of Justices c. 1. resolves so it hath been stil furnished with the ablest Temporal and Spiritual persons for their Assistants in judgement and advice to wit with all the Judges of the Realm Barons of the Exchequer of the Coyâ— the Kings learned Counsel the Masters of the Chancery who are Civilians or Lawyers the Master of the Rolls the Principal Secretaries of State with other eminent persons for parts and learning and the Procuratores Gleri all which are called by Writ to assist and give their attendance in the upper House of Parliament where they have no voices but are to give their counsel and advice only to the Lords when they require their assistance especially in cases of Law and Judicature For proof whereof you may consult the Statutes of 31 H. 8. c. 10. The Register of Writs f. 261. Fitz. Nat. Brev. f. 229. a. b. M. Seldens Titles of Honor part 2. c. 5. Sir Edw. Cooks 4 Instit p. 4 5 6 44 45 46. and the Parliament 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 Judges of England the Kings learned Counsel and others ablest to advise them in all Criminal Civil or Ecclesiastical matters cases that come before them were in this regard thought fittest by our Ancestors and the Commons themselves who have no such assistants to have the principal and sole power of Judicature in all civil and criminal causes as well of Commoners as Peers that are proper for the Parliaments Judicature by way of censure or redress 5ly There can be no judgement given in any of the Kings Courts in Criminal causes but where the King is personally or representatively present sitting upon the Tribunal and where the proceedings are Coram Rege And therefore in the end of most antient Parliament Rolls we find the Title of Placita Coronae CORAM DOMINO REGE IN PARLIAMENTO SUO c. as in 4 E. 3. 21 R. 2. 1 H. 4. and other Parliaments Now as the Kings person is represented Judgements given Justice executed in all Criminal and Civil cases in the Kings Bench Eyres Goal Deliveries Oyers and Terminers and all his other Courts by his Judges and Justices in his absence So is it represented in our Parl. in the Lords house by his Commissioners and the Lords and Judgements given Justice executed by them in al criminal civil causes and no ways by the Commons who neither sit nor judge in the House of Peers Therefore the House of Peers only noâ— the Commons are the true and proper judicatoâ—y where the King the supream judge fits usually in Person and alwayes in representation in his absence 6ly There can be no legal trial or Judgement given in Parliament in Criminal causes or others 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 Oath and the whole House of Commons no such power but to take Informations without Oath which neither they nor their Committees can administer unless by special Order and Commission from the King or Lords Therefore the power of judicature in Parliament even in Commoners cases is inherent only in the House of Peers and not in the Commons House 7ly It is a rule both of Law and justice that no man can be an informer prosecutor and judge too of the persons prosecuted informed against it being contrary to all grounds of justice therefore he ought to complain and petition to others for Justice But the Commons in all ancient Parliaments and in this present have been informers and prosecutors in nature of a Grand Inquest to which some compare them being summoned from all parts of the kingdom to present publike Grievances and Delinquents to the King and Peers for their redress and thereupon have alwayes petitioned complained to the King and Lords for Iustice against all other Delinquents and offenders in Parliament not judged them themselves witness their many impeachments accusations complaints sent up and prosecuted by them in former Parliaments and this to the Lords not only against Peers but Commoners of which there are hundreds of presidents this very Parliament Therefore the House of Lords hath the proper right of judicatory vested in them even in Cases of Commoners not the Commons who are rather Informers Prosecutors and Grand Jury men to inform impeach than Judges to hear censure determine and give judgement as is resolved in 1 H. 4. n. 79. 8ly Those who are proper Judges in any Court of Justice whiles the cause is judging sit in their Robes and that covered on the Bench not stand bare at the bar sweat and examine the witnesses in the cause not produce them or manage the evidence and when the cause is fully heard argue and debate the businesse between themselves and then give the definitive sentence But in all cases that are to be tried and judged in Parl. the
dominum nostrum jam elapso irae tempore haec innotuisse Praeterea si aliquid â—iolentiae ipsi Henrico intuleritis ecce Episcopus Londinonsis qui spiritualem et alii amici ejus militares qui vindictam exercebunt materialem et sic in magna parte cessavit Extunc igitur procurante efficaciter Comite Richardo et Episcopâ— memorato mitius actum est cum eo Dictum enim est domino Regi secretius quod mirum est quod aliquis ei curat servire cum eis post ministerium etiam mortem nititur inferre Promissa igitur quadam pecuniae summa a mortis discrimine recessit liberatus After which he paying to the King 2000 marks for a fine and being reconciled to the King ad Curiam est reversus immemor laqueorum quos evaserat Here we have 1. A corrupt Judge accused of bribery by others and by the King of rebellion and sedition and that before the Lords in Parliament 2ly A Proclamation for all that were grieved to complain against him 3ly A rash unjust sentence given against him by the King himself for any man that would to kill him with impunity 4ly the Lords opposition and contradiction of this sentence and its execution as unjust and dangerous 5ly A remission of his sentence by the Lords mediation and a fine imposed and paid to the King for his offences In the 49 year of King Henry the 3. at the Parliament held at Winchester divers Commoners as well as Lords were attainted and condemned of High Treason for levying war against the King their persons imprisoned their lands and goods confiscated and the liberties of the City of London forfeited by judgement of the Lords Anno â—290 King Edward the 1. held a Parliament at London at which time Rex auditis multorum queremoniâ—â— fere Justiciarios omnes de falsitate deprehensos a suo Officio deposuit puniens eos juxta demerita grâ—vi mâ—a by the advice of his Lords in Parliament It appears by the Clause Roll of 5 E. 2. m. 22. dorso and Rot. Finium 5 E. 2. m. 11. in Schedula that in a Parliament held at Stamford 3 E. 2. the Commons of England exhibited sundry Articles of complaint to the King Amongst others that they were not used as they ought to be by THE GREAT CHARTER in taking Prises and Purveyances without mony c. That the King by his Ministers took ijs of every Tun of wine and ijs a cloth from Merchants aliens and 3 d. pur aver de poys to the damage of his people and hinderance of trade which new Impositions being against Law the King promised to redress for the future and to content himself with the Prises and Customs antiently due They likewise complained of the abuses oppressions and extravagances of Purveyors Constables of Castles and Escheators and abuses of Protections and Pardons granted by the King to Murderers and other Malefactors to their incouragement whereto redress was promised In their 6. Article they complained That the Knights Citizens and Burgesses of Parliament came up with divers Petitions for matters not remediable at the Common Law and could not finde to whom to deliver them Whereunto was answered The King willed that in his Parliaments for time to come certain persons should be appointed to receive Petitions and that they should be delivered TO HIS COUNCIL as was used in the time of his Father and examined and answered by him with their advice Whence we find in all our Parliament Rolls ever since in the beginning of every Parliament certain persons nominated by the King and Lords being Members or Assistants of the Lords house to receive the several Petitions of England Ireland Scotland Gascoigne Iersey Gernsey Alderney and other Isles and other persons of the LORDS House appointed to trie examin and answer them in the Kings name and behalf as he by their advice shall think meet and sundry Petitions of Grievances of all kinds presented to them and answered accordingly by the King and Lords in every Parliament as well by the whole house of Commons as by particular Counties Cities Corporations and private Persons a most clear Evidence that the King and Lords are the sole Judges of all criminal and civil causes and Grievances of the Commons in Parliament since they thus constantly petition them for redress and that the Commoners are only Petitioners not Judges as the Parliament roll of 1 H. 4. n. 79. resolves in direct terms Claus 8 E. 2. m. 7. dors The Chaplains of the House of Converts exhibited a Petition in Parliament against Adam de Osgodby the Keeper thereof for putting them out of their lodgings and placing his Clerks therein they being founded by King H. 3. to pray and sing Masses for his and his ancestors Souls and not to lodge the Clerks of the Chancery Upon consideration of the Petition by the Lords and Councel in Parliament it was referred to the Chancellor to examin and determine tanquam principali Custodi omnium Hospitalium et Domorum de eleemosyna Domini Regis fundatorum ut ipfe inde faceret quod de jure esset faciendum He sends a Commission to the House to inquire the truth of the complaint and finds the Complaint unjust and that the Keeper of the House was falsly charged and that especially by William de Okelines being one of the Chaplins Whereupon consideratum est per Cancellarium quod Willielmus idem nihil haberet de contentis in petitione sua praedicta sed quod committeretur ad custodiam suam pro falsâ— querela sua castigandus juxta discretionem dicti custodis Pasch 8 E. 2. Norfolk The Archdeacon of Norfolk was accused for citing the Countess of Warren being the Kings Neece and divorced from her husband to the damage of the King 2000 l. and it was adjudged by the Lords in Parliament against the Archdeacon quod nec citatio nec summonitio fieri debet versus eot qui sunt de sanguine Regis quia illis Major reverentia debita est and therefore he was fined About the year 1316. when the Northumberland Soldiers like some in this age raised against the Scots de tyronâ—bus facti sunt Tyranni de defensoribus destructores de propugnatoribus proditores c. one John Tanner said openly that he was heir of England Therefore at Northampton before the King and Lords he was proved false and hanged and drawn See more of him in Fabians Chronicle part 7. Anno 1314. p. 169. who relates that he reported he was son to King Edward the 1. but was stoln out of his cradle by a false nurse and Edward who was anothers son laid in the cradle for him and that he had a Fiend in form of a Câ—t whom he served 3. years which assured him he should be King of England In the Parliament of 18. E. 1. the Prior of Trinity in London and Bago de Clare were attached brought into the Parliament there
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 disloyaltâ—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 impedimenâ—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 mâ—y be put to answer to all and every the premisses and that such proceeding examinatâ—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
made and if he do not he shall be attainted of the said deed and pay to the party grieved his double damages to be taxed by the Judges of the said Bench for the time being or by Enquest if need be and also he shall make fine and ransom at the kings will which was accordingly executed as appears by 8 H. 4. f. 13 14. And moreover it is accorded in the same Parliament that likewise it be done in time to come in case like By which Petition and Act it is most apparent 1. That the King and Lords have the sole power of judging and punishing the breaches of Privilege of Parliament by batteries wounding or imprisonment and that both in the cases of Knights Citizens and Burgesses and of their menial seruants in such and the like cases 2ly That this Act gives the Commons no power at all to punish any man for breach of privilege in like case but only prescribes a certain remedy for time to come by imprisonment action double damages fine and ransom at the kings pleasure in the Kings Bench not Commons House or Parliament who are not fit to be troubled with such particular cases of privileges which would interrupt the more publike affairs Hence THE KING willing to provide for the ease and tranquillity of them that came to his Parliaments and Councils by his commandment hath ordained and established upon the Commons Petition by the Statute of 11 H. 6. c. 13. That the self same remedy proceeding damages and punishment shall be had in the Kings Bench not Commons House or Parliament as was prescribed in 5 H. 4. c. 6. against any person that shall doe any assault or affray to any Lord Spiritual or Temporal Knight of the Shire Citizen or Burgesse coming to the Kings Parliament or Council by his command How then the Commons can judge or determine such violation of privileges now against these Statutes and presidents and create themselves Judges of them transcends both my Law and reason In the Parliament of 7 H. 4. as I find in a special note though not in the Parliament Roll Sir John Tibetot the Speaker prayed que plest le Roy Seigniors That it would please THE KING AND LORDS that Robert Clifford companion of Richard Chiderough chosen knights for the County of Kent might appear for them both and doe all in both their names as if both of them were present in Parliament which the king and Lords assented to In the Parliaments of 8 H. 4. n. 83. 139. and of 11 H. 4. n. 54. Upon Petitions and complaints of the Commons to the king and Lords there were two Statutes made to prevent the abuses and false retorns of Sherifs touching the Elections of knights of Shires to inflict penalties on them by a Law which formerly were arbitrary at the kings and Lords discretion 7 H. 4. c. 15. and 11 H. 4. c. 1. The penalty inflicted by these Acts on the Sherif for a false return contrary to these Acts is only 100 l. fine to the king and such undue retorns are from thenceforth to be examined and tryed not by the Commons alone by information without Oath as now but by the Justices assigned to take assizes and that by Enquest and due examination upon trial before the said Justices which is likewise afterwards ratified by the Statutes of 6 H. 6. c. 4. 8 H. 6. c. 7. 32 H. 6. c. 15. wherof if the Sherif be found guilty he shall forfeit 100 l. to the king and the knights of Counties unduly returned shall lose their wages of the Parliament of old time accustoned not be turned out by a Committee of Privileges and others chosen in their places by the Commons Order as now And the Statutes of 1 H. 5. c 1. 6 H. 6. c. 4. 8 H. 6. c. 7. 12 H. 6. c. 2. 32 H. 6.15 touching elections of knights Citizens and Burgesses made since the former do not alter this Law nor give the House of Commons the least power or authority to judge or determin the legality or illegality of any elections but leave this to the King and Lords to redress as at first before their making and give the knights duly chosen but not returned 100 l. damages against the Sherif and Citizens and Burgesses 40 l. against Mayors and Baylifs who make false returns by way of action of Debt in the kings Courts at Westminster where the parties must sue for relief or in the Starchamber before the Kings Lords and Council as in Bronkers case Trin. 1. Eliz. not in the Commons house as these Statutes and presidents in our Law-books Dyer f. 113.168 Plowden f. 118. to 131. Old Book of Eniries f. 446 447. resolve How then the Commons are now becom sole Judges of all false returns and elections and that per legem et consuetudinem Parliamenti against all these Acts and presidents let Sir Edward Cooke and others resolve me and the intelligent when they are able not by the objected late arbitrary presidents which are of no value but by antient usage and Law of our Parliaments and solid reason which cannot be produced for to justifie these late Innovations and extravagances It is most true that in the cases of undue elections and breaches of privilege of the Commons house Members or Servants the King and Lords were antiently sole Judges not the Commons in any one case and that upon the Commons own Petitions as the premises evidence and I shall fully manifest by these ensuing punctual presidents In the Parliament of 8 H. 6. n. 39. The Commons petitioned the King for a Law to be made to prevent the manifold tumults uproars at and disorders in the election of knights of the shire by the vulgar rabble and meaner sort of people of small or no estate most busie and tumultuous in them having then a voice that the King by advice and assent of the Lords Spiritual and Temporal would seclude all from having voices at such elections for the future but freeholders who held 40 s. freehold by the year above all reprisals more than 40 l. a year now or upwards Which the King and Lords assented to and the Statute of 8 H. 6. c. 7. was hereupon made agreeable to this petition with that of 10 H. 6 c. 2. by like Petition in pursuance of it In this very Parliament of 8 H. 6. rot parl n. 57. One William Lake servant to William Mildred a Burgess of London was taken in execution for a Debt and committed Prisoner to the Fleet contrary to the privilege of the Commons house whereupon the Commons petitioned the King that by the advice and assent of the Lords Spiritual and Temporal at the special request of the Commons he might be enlarged which the King and Lords assenting unto gave order for his release and authorized the Chancellor to appoint certain Commissioners to take him again in Execution after the Parliament ended The Commons not then claiming the least power
but are enforced to petition the King and Lords for his enlargement 3ly The Lords in the kings name command the Commons to chuse and present another Speaker in his room and that with all speed which they accordingly did and then present him to the King and Lords for their approbation who allowed of their choice In the Parliament of 38 H. 6. n. 35. There were divers Knights of Counties Citizens and Burgesses named returned and accepted some of them without any due or free election some of them without any election at all against the course of the Kings Lawes and the Liberties of the Commons of the Realm by vertue of the Kings Letters without any other election and by the means and labours of divers seditious and evil disposed persons only to destroy certain of the great faithfull Lords and Nobles and other faithfull liege people of the Realm out of hatred malice greedy and unsatiable covetousness to gain their Lands Inheritances Possessions Offices and goods as the Statute of 39 H. 6. c. 1. relates The Commons were so farr from having power to exclude or confirm their elections themselves that they petitioned the King by advise and assent of the Lords That all such Knights Citizens and Burgesses as were thus returned to this Parliament by vertue of the Kings Letters without any other election should be good and that no Sherif for returning them might incurr the pain therefore provided by the Statute of 23 H. 6. c. 15. Which the King and Lords assented to at their request In the Parliament of 39 H. 6. n. 9. Walter Clerk one of the Burgesses of Parliament for Chippenham was arrested and imprisoned in the Fleet for divers debts due to the King and others upon a Capias Vilagatum whereupon the Commons complained thereof to the King and Lords by Petition and desired his release and rendred them an Act of Parliament ready drawn for that purpose to which Petition and Bill of theirs the King by the assent of the Lords Spiritual and Temporal assented And thereupon he was freed Not by the Commons power order or judgement but by the Kings and Lords advice and assents William Hyde a Burgess of Chippenham in Wiltshire being taken in Execution upon a Capias ad satisfaciendum and imprisoned in the kings Bench during the Parliament contrary to his privilege the Commons thereupon by a Petition praved the King that by advice and assent of the Lords Spiritual and Temporal he might be delivered for the present by a Writ of privilege out of the Chancery which the King by the advice and assent of the Lords granted saving the right of his Prosecutors to have execution upon him again after the Parliament ended 14 E. 4. n. 55. In the Parliament of 17 E. 4. n. 36. John at-Will a Burgess for Exeter was condemned in the Exchequer upon 8. several Informations during the Parliament at the prosecution of Iohn Taylor of the same Town upon complaint thereof by the Commons to the King and Lords in Parliament by Petition the King by advice and assent of the Lords Spiritual and Temporal ordered that he should have as many Supersedeas against the said Judgements and Informations as he pleased until his coming home from the Parliament In these last recited cases the Commons had no power at all to deliver or enlarge their own Members when imprisoned as of late years they have practised but always petitioned to the King and Lords for their release and relief who thereupon released and relieved them against the breaches of their privileges when they saw good cause Which cases I have examined by and transcribed out of the Parliament Rolls themselves in the Tower and not taken upon trust or the Abridgements of them which leave out the main ingredients the Commons Petitions to and advice and assent of the King and Lords expressed in the Rolls at large Richard Strode Gentleman one of the Burgesses of Parliament for the Burge of Plympton in Devonshire in the Parliament of 4 H. 8. for agreeing with the Commons house in putting out Bills against certain abuses of the Tinners being a Tinner himself by the malice of John Furse Tinner Under-Steward of the Stannâ—ries and his misinformation that the said Richard Strâ—de at the last Parliament heldâ—n at Westminster would have avoided and utterly destroyed all Liberties Privileges and Franchises concerning the Scanneâ—ies was upon 4. Bills thereof made by the said Furse presented and found guilty of the premises in 4. several Stannery Courts and condemned to forfeit 40 l. on every Bill to the King upon an Act and Ordinance made by the Tinners to which he was never warned nor called to make answer contrary to all Laws right reason and good conscience And one John Aguiâ—â—iam begging 20 l. of the said forfeiture from the King caused the said Richard to be taken and imprisoned in Lidford Castle in a dungeon and deep pit under ground where he was fed only with bread and water to the peril of his life and was to have irons laid upon him Upon which he petitioned the Parliament for remedy and that it might be ordained and enacted by the King the Lords Spiritual and Temporal that the condemnations against him for the said 160 l. in the Stanneries and every parcel thereof and judgements and executions had or to be had for the premises might be utterly void and of none effect against him which was done for him accordingly And moreover it was enacted That all sutes accusations condemnations executions fines amerciameuts punishments corrections grants charges and impositions put or had or hereafter to be put or had upon the said Richard to every other person or persons that were in this Parliament or that of any Parliament hereafter shall be for any Bill speaking reasoning or declaring of any matter or matters concerning the Parliament to be communed or treated of be utterly void and of none effect And that any person vexed or troubled or otherwise charged for any causes as aforesaid shall have an action of the case against every person or persons so vexing or troubling him contrary to this Ordinance and recover treble damages and costs And that no protection Essoign or wager of Law shall in the said action in any wise be admiâ—red nor received as you may read in the Statutes at large 4 H. 8. ch 8. intituled an act concerning Richard Strode The Commons themselves being unable to releive him in this high breach of privilege but by a petition to the King and Lords and a special Act of Parliament made for him In the Parliament of 34 H. 8. there fell out this famous case thus at large recorded by Holinshed and Crompton out of him In the Lent season whilst the Parliament yet continued one George Ferrers Gentleman servant to the king being elected a Burgess for the Town of Plimmouth in the County of Devon in going to the Parliament House was arrested in
Hall was moved to repair to the Lord Keeper and make such Oath which he did and then had a Writ of privilege In the Parliament of 23 Eliz. 21 Jan. Saturday Mr. Paul Wentworth moved for a publike Fast and for a Sermon every morning at 7. a clock before the House sate The House upon debate were divided about the Fast 115. were for and 100. against it It was thereupon ordered That as many of the House as conveniently could should on Sunday fortnight after assemble and meet together in the Temple Church there to hear preaching and joyn together in prayer with humiliation and fasting for the assistance of Gods spirit in all their consultations during this Parliament and for the preservation of the Queens Majesty and her Realm and the Preachers to be appointed by the privy Council that were of the House that they may be discreet not medling with Innovation or unquietness This Order being made by the Commons alone without the Lords and Queens privities assents the Queen being informed thereof sent a Message to the House by Master Vice-chamberlain a Member of it That her Highness had great admiration of the rashness of this House in committing such an apparent contempt of her express command not to meddle with her person the State or Church-government as to put in execution such an Innovation without her privity or pleasure first known Thereupon the Vice-chamberlain moved the House to make humble submission to her Majesty acknowledging the said offence and contempt craving the remission of the same with a full purpose to forbear the committing of the like hereafter Upon which by consent of the WHOLE HOUSE Mr. Vice-chamberlain carried this their submission to her Majesty as being the Judge and punisher of their misdemeanors even in the House it self though caried by majority of Voices In the Parliament of 28 Eliz. the Commons questioning the chusing and returning of the knights of the Shire for Norfolk the Queen said She was sorry the Commons medled therewith being a thing impertinent for that House to deal withall it belonging only to the Office of the Lord Chancellor from whom the Writs issue and to whom they are returned In the Parliament of 35 Eliz. Mr. Peter Wentworth and Sir Henry Bromley delivered a petition to the Lord Keeper desiring the Lords of the Vpper House to be suppliants with them of the Lower House unto her Majesty for intayling the succession of the Crown whereof a Bill was ready drawn by them The Queen being highly displeased therewith as contrary to her former strict command charged the LORDS of her COUNCIL to call the parties before them which they did and after Speech with them commanded them to forbear the Parliament and not to go out of their lodgings after which Mr. Wentworth was committed by them to the Tower Sir Henry Bromley with Mr. Richard Stevens and Mr. Welch to whom Sir Henry had imparted the matter were committed to the Fleet sitting the Parliament And when Mr. Wrâ—th moved in the House that they might be humble suters to her Majesty that she would be pleased to set at liberty those Members of the House that were restrained It was answered by all the Privy Counsellors there present That her Majesty committed him for causes best known to her self and to press her Highness with this sute would but hinder them whose good as foughtâ— That the House must not call the Queen to account for what she doth of her royal Authority That the causes for which they are restrained may be high and dangerous That her Majesty liketh no such questions neither doth it become the House to search into these matters In the same Parliament M. Morrice Attorny of the Court of Wards by a Serjeant at Arms was taken out of the Commons House Febr. 28. and committed to prison by the Queens command for delivering in a Bill against the abuses of the Bishops on Tuesday Febr. 27. against which many Members spake that it should not be read The Queen hearing of it sent for Sir Edward Cooke then Speaker the same day giving him in command with her own mouth to signifie to the House her dislike of the said Bill preferred by Mr. Morrice and charging him upon his Allegiance if any such Bill he exhibited not to read it Adding It is in me and my power to call Parliaments it is in my power to end and determine them it is in my power to assent or dissent to any thing done in Parliament Lo here several Members of the Commons House imprisoned by the Queens command by the Lords of her Council for disobeying her express commands in her Speech in medling in matters of State and Ecclesiastical affaires which she had forbidden them to do So farr was the Commons house then from being the Judges or sole Judges of their own Members privileges speeches or actions in the House it self even in this good Queens late reign of blessed memory In the same Parliament of 35 Eliz. when Sir Edward 〈◊〉 was Speaker of the Commons House there fell out a question in the Commons House about the Amendment of a mistake in the 〈◊〉 of the Burgess of Southwark and after long debate it was resolved that the House could not amend it but the Lâ— Keeper in Chancery â—here the return was of record if he thought it amendable by Law and that Master Speaker should wait upon the Lord Keeper about it which he did who advised with the Judges concerning it as appears by the Journal In the same Parliament Thomas Fitz-Herbert of Staffordshire was elected a Burgess of Parliament and two hours after before the Indenture returned the Sherif took him prisoner upon a Capias Utlagatum Whereupon he petitioned the House that he might have a Writ of Privilege and be enlarged After many dayes debate and Arguments of this case in the House by sundry Lawyers and Sir Edward Cooke then Speaker it was agreed That no Writ of Privilege 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 Judges should be advised with and determine it not the House And at last he was outed of his privilege by the Houses resolution These forecited presidents in all ages will sufficiently prove the late objected presidents for the Commons sole Judicial Authority and Jurisdiction in cases of Privilege and Elections and the suspending ejecting fining secluding imprisoning their own Members and such who violate their privileges or make false returns to be a meer late Groundless Innovation if not Usurpation upon the King House of Peers and Chancellors of England no ways grounded on the Law and custom of Parliaments as Sir Edward Cooke mistakes but point-blank against them both and that the Statutes concerning Elections and attendance or absence of Knights and Burgesses as 5 R.
Crown nor unkinged himself as unworthy to reign any longer 12ly King Edward the 2. after this his deposition was reputed a King de jure still and therefore stiled by the whole Parliament all the Lords and King Edward the 3d. himself in 4 E. 3. n. 1 2 3 4 5 6 10. their King and Leige-Lord and Mortimer with his complices were condemned and executed as TRAYTORS for murdering him after his Deposing contrary to Sir Edward Cooks false Doctrine 3 Institutes f. 7. And in the Parliament of 21 R. 2. n. 64 65. the revocation of the Act for the 2. Spencers restitution in the Parl. of 1 E. 3. was repealed because made at such time by King Edward the 3. as Edw. 2. his Father BEING VERY KING was living and imprisoned so that he could not resist the same An express resolution by these two Parliaments that his deposition was both void in Law and illegal 13ly Neither of these 2. Kings though their articles were more heinous and Government more unkingly arbitrary than the late Kings were condemned or adjudged to loâ—e their heads or lives for their misdemeanors but meerly deprived of their royal Authority with a promise to preserve their lives and treat them nobly and that upon this account that they were Kings yea anointed Kings when they transgressed therefore exempted from all capital censures penalties of Laws by any humane Tribunals as David resolves Psal 51.4 Against thee thee only have I sinned whence S. Chrysostom S. Ambrose Arnobius with others in their Expositions on that Psalm S. Hierom Epist 22 47. Peter Martyr on the 2 Sam. 2.13 learned Grotius and others conclude in these words Liberi sunt Reges à vinculis delictorum neque enim ad paenam ullis vocantur legibus tuti Imperii potestate Hence Otto Frisingensis Episcopus writes thus to the Emperor Fredericke Praeterea cum nulla inveniatur persona mundialis qui mundi legibus non subjaceat subjaciendo coerceatur SOLI REGES utpote constituti super leges in respect of corporal penalties DIVINO EXAMINI RESERVATI seculi lègibus non cohibentur unde est illud tam Regis quam Prophetae testimonium Tibi soli peccavi These 2. presidents therefore no wayes justifie the proceedings against the late beheaded King as I before hand manifested in my Speech in Parliament Decem. 4. and in my Memento in Jan. 1648. which gave ample satisfaction herein not only to out 3. kingdoms at home but to the learnedst Protestant Divines Churches abroad both in France Germany as Samuel Bochartus an eminent French Divine in his Latine Epistle to Dr. Morley printed Parisiis 1650. attests Sect 3. De Jure potestate Regum p. 145. Where after a large and solid proof out of Scripture Fathers and other Authors of the unlawfullnesse of our late Kings trial judgement and Execution and that the Presbyterian English Ministers and Membees did then professedly oppugn and write against it he thus proceeds Ex hoc numero PRYNNIUS vir multis nominibus insignis Parlamenti Delegatorum unus è carcere in quo cum pluribus aliis detenebatur Libellum composuit Parliamento oblatum in quo decem rationibus iisque validissimis contendit eos rem illicitam attentare in proceeding Criminally and Capitally against the King Then reciting the Heads of my reasons against it he concludes thus Haec ille multo plura SCRIPTOR MIRE NERVOSUS cujus verba sunt stimuli et elavi in altum defixi After which he there prooves by several instances how much the Protestant Ministers Churches of France and Geneva condemned these proceedings as repugnant to Scripture and the Principles of the Protestant Religion And Dr. Wolfgangus Mayerus a famous Writer and Professor of Divinity at Basil in Germany in his Epistle Dedicatory before his printed Latine Translation of my Sword of Christian Magistracy supported Basil 1649. Viro Nobilissimo ac consulâ—issimo omnium Doctrinarum Virtutumque Ornamentis excultissimo verae pietatis zelo flagrantissimo Orthodoxae Religionis libertatisque Patriae defensori Acerrimo GVLIELMO PRYNNE J. V. Doctori celeberrimo Domino atque Amico suo plurimum honorando Authori Interpres S. P. D. hath published to my self in particular and the world in general That the beheading of the K. as it was contrary to the Parls primitive intention so it was cum magna gentis Anglicanae ignominia qui jam discincti laudatissimique corporis compage miserrime rupta atque dissipata ferre coguntur quod evitari amplius non potest At sane non exiguam laudem APUD OMNES REFORMAT AS ECCLESIAS consecuti sunt illi Angliae Pastores qui naevos et Errores Regiae administrationis quos magnos fuisse agnoverunt precibus potius a Deo deprecandos quam capitali poena vindicandos esse censuerunt suasque Ecclesias ab omnibus sanguinariis consiliis magno zelo animo plane intrepido dehortati omnemque criminis istius suspicionem ab ipsis hoc pacto prudentissime amoliti sunt Sed hanc causam aliis disceptandam relinquo Which learned Salmasius soon after professedly undertook in the Netherlands Vincentius Heraldus and Bochartus 3 most eminent Protestant Ministers in France in printed Treatises published against the Kings Trial c. as repugnant to the Principles of the Christian Protestant Religion Which another famous Frenchman in his French Translation of 47 London Ministers Petition against it thus brands Post Christum crucifixum nullum atrocius crimen uspiam esse admissum universam terram eo concuti bonos omnes ad luctum provocari USQUE AD FINEM SECULI Which Mr. Bradshaw may do well to ruminate upon now in cold blood and all others ingaged with him in this unparalled Judgment execution being no way warranted by the depositions of King Edward or Richard the 2. 14ly When the News of K. Richards deposing was reported into France King Charls and all his Court wondered detested and abhorred such an injury to be done to an anointed King to a crowned Prince and the head of the Realm But in especial Waleram Earl of St. Paul which had maried King Richards half Sister moved with high disdain against King Henry ceased not to stir and provoke the French King and his Counsel to make sharp war in England to revenge the injury and dishonour committed and done to his son-in-Son-in-law King Richard and he himself sent Letters of defiance to England Which thing was soon agreed to and an Army royal appointed with all speed to invade England But the French King so stomached this high displeasure and so inwardly conceived this unfortunate chance in his mind that he fell into his old disease of the Frensy that he had need according to the old proverb to sail to the Isle of Anticyra to purge his melancholy humour but by the means of his Physicians he was somewhat relieved and brought to knowledge of himself This Army was come down into
Writs to divers Officers Governours and Ministers of divers other Citees and to many Shires and Burroughs of the seid Realm to make fals untrue and injust proclamations against our seid Soveraign and Liege Lord K. Ed. the 4th by the name of Ed. late E. of March to provoke and excite his destruction And also by his Letters signed with his hand directed unto the seid Dukes of Excester and Somerset and other Lords refused and denied to keep and observe the seid accord convention and agreement and by the same writing falsifying his promise departed from the same Convention and accord afore either the same our Soveraign Lord or the seid noble Prince his Fader any thing did or attempted to the contrary of the same convention and concord for their partie Be it declared and juged by the seid advis assent and authorite the premises considered that the seid Usurper Henry late called Henry the sixth agenst good faith troth conscience and his honour brake the seid Convention and concord and departed therefrom of wilfull malice long afore the seid fourth day of March as by the matters afore declared it appeareth sufficiently And that the breche thereof on his partie discharged our seid Soveraign Lord of all things that should or might charge him to the keeping thereof in any Article or point after the seid breche And that he was then at his freedom and liberty to use his said right and title of the seid Crownes and to enter into the exercise thereof and of the Royal power dignite and preheminence longing thereunto as he lawfully did in manere and fourm above specified the seid convention and concord and the Acte thereupon made or any thing therein conteined notwithstanding And over this it be declared and juged by the seid advis assent and authorite that the seid agreement concord and Act in all things which been in any wise repugnant or contrary to the seid right title entree state seasen and possession of our Soveraign Lord King Edward the fourth in and to the Crown Royal estate dignite and Lordship above said be void and of no force ne effect And that it be Ordeyned and stablished by the seid assent advis and authorite that every person having any parcel of the seid Castles Manors Lands Honours tenements rents services possessions or hereditaments aboveseid the which were given in exchange or in recompence of or for any other Manors Castles lands tenements rents advowsons fee-farms reversions or any other possessions or enheritaments given to the seid Henry late Earl of Derby to the seid Henry his son late called King Henry the fifth or to the seid Henry his son late called King Henry the sixth or to any other person or persones to or for their or any of their use at their or any of their desire or to perform execute their or any of their wille mowe entre And that they and their heirs and successors entre into the same Manors Castles Lands tenements rents services possessions advowsons or hereditaments so given And them have hold keep joy occupy and inherit of like estate as the giver or givers thereof had them at the time of the gift thereof made though it be so that in any of the Letters Patents or gifts made of any of the premises no mention be made of any recompence or eschange Qua quidem petitione in Parliamento praedicto lecta audita plenius intellecta de avisamento assensu Dominorum Spiritualium Temporalium in eodem Parliam existen ad requisitionem Communitatis praedictae respondebatur eidem modo forma hic Inferius annotatis The King by the advice and assent of the Lords Spiritual and Temporal in this present Parliament assembled at the request of the Commyns being in the same agreeth and assenteth to this Petition and it accepteth with certain moderations provisions and exceptions by his Highness thereupon made and in schedules written and in the same Parliament delivered the tenours of which hereunder follow c. Convenit cum Recordo This Judgement censure repeal in full Parliament of the deposition and proceeding against King Richard the 2. upon the Commons own Petition by this Act never yet reversed as most wicked treasonable unrighteous against Gods Laws and Mans crying for vengeance in Gods hearing in heaven and exemplarily punished upon the whole kingdom Nation and Henry the 4. his posterity on earth with the sad intestine warres miseries that attended it are sufficient arguments of its unlawfulness detestableness against all those who deem it just or allege it for a president to justifie their extravagances of a more execrable and transcendent Nature 16ly It is very observable that Roger Mortimer Earl of March who had the chief hand in deposing murthering King Edward the 2. after he was deposed was in the Parliament of 4 E. 3. condemned and executed for it as a Traytor without any legal trial all his lands confiscated and Queen Isabel her self who concurred with him like to be questioned for her life and abridged in her maintenance Moreover King Richard the 2. Granchild and next heir to King Edward the 3. who imprisoned deposed and invaded his Fathers throne though somewhat against his will was imprisoned deposed proceeded against in the self same manner as Edw. the 2. was by his very president and soon after murdered like as Edw. the 2. was by King Henry the 4. After which king Henry the 4. his Granchild Henry the 6. was also in the self same manner imprisoned deposed attainted of high Treason with his Queen and Adherents in the Parliament of 1 Edw. 4. n. 8. to 33. and at last murdered by Edw. the 4. his procurement to secure the Crown to himself and his Posterity Yet no sooner was King Edw. the 4. dead but his own Brother Richard Duke of Gloucester who by his instigation murdered King Henry the 6. with his own hands procuring himselâ— to be Protector of his son King Edw. the 5. then young getting his Brother and him into his custody by treachery perjury and hypocrisie caused them both to be barbarously murdered to set the Crown on his own head which he most ambitiously aspired after yet seemed unwilling to embrace till enforced to accept it by a Petition and Declaration drawn up by his own Instruments presented to him in the name of the Lords Spiritual and Temporal and Commons of the Realm of England wherein he branded his Brother king Edw. the fourth his marriage as illegal and his issue as illegitimate aspersed his Life and Government as one by whom the Laws of God of Gods Church of the Land and of nature and also the laudable Customs and Liberties of England wherein every English man is inheritor were broken subverted contemned against all reason and justice So that the Land was ruled by self-will and pleasure fear and dread all manner of Equity and Law laid apart and despised so that no man was sure of
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 House in Criminal Civil Ecclesiastical causes as well of Commons as Peers Yea in cases of Elections Breach of Privilege misdemeanors of the Commons themselves are irrefragably evidenced by solid reasons punctual Authorities memorable Presidents out of Histories and Records in all ages most of them not extant in any Writers of our Parliaments Whose Errors are here rectified the Seditious Anti-Parliamentary Pamphlets Libels of Lilbourn Overton and other Levellers against the Lords House and Right of judging Commoners fully refuted and larger Discoveries made of the Proceedings Iudgements of the Lords in Parliament in Criminal Civil causes Elections Breaches of Privilege of their Gallantry in gaining maintaining preserving the Great Charters Laws Liberties Properties of the Nation and oppugning all Regal Papal Vsurpations Exactions Oppressions illegal Ayds Taxes required or imposed and of the Commons first summons to and just Power in Parliaments than in any former Publications whatsoever By William Prynne Esquire a Bencher of Lincolnes Inne Prov. 22.28 Remove not the antient Land-mark which thy Fathers have set LONDON Printed for Henry Brome at the sign of the Gun in Ivie Lane and Edward Thomas at the Adam and Eve in Little Britain 1659. To all the truly Honourable Heroick Lords and Peers of the Realm of England who are real Patriots of Religion their Countries Fundamental Liberties Properties Great Charters Laws against all arbitrary Tyranny Encroachments illegal unnecessary Taxes and Oppressions Right Honourable THough true Nobility alwayes founded in vertue and real piety needs no other tutelar Deity or Apologie but it self amongst those ingenious Spirits who are able to discern 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 Privileges of the House of Peers against the licentious Quills 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 against the House of Lords Rase it Rase it even to the foundation thereof and lay it for ever â—ver with the very dust beholding all true Honor worth and Nobleness shining forth in your Honors heroick Spirits with a malignant aspect because they despair of ever enjoying the least spark therof in themselves and prosecuting you with a deadly hatred because better greater than ever they have hopes to be unless they can through Treachery and violence make themselves the onely Grandees by debasing your highest Dignity to the lowest Peasantry and making the meanest Commoners your Compears This dangerous seditious Design hath ingaged me the unablest of many out of my great affection to Royalty and real Nobility and a deep sence of the present kid tottering condition of our Kingdom Parliament the very pillars and foundations whereof are now not only shaken but almost quite subverted voluntarily without any Fee at all to become your Honors Advocate to plead your Cause and vindicate your undoubted hereditary right of sitting voting judging in our Parliaments of which they strenuously endeavour to plunder both your Lordships and your posterities and to publish these subitane Collections to the world now enlarged with many pertinent Additions to still the madness of the seduced vulgar whom Ignoramus Lilburn Overton Walwin and their Confederates have laboured to mutinie against your Parliamentary Jurisdiction treading upon Princes as upon mortar and as the Potter treadeth the clay in their illiterate seditious Pamphlets whose Arguments Pretences Presidents Objections Allegations I have here refuted by Scripture Histories Antiquities and Parliament-Rolls the ignorance whereof joyned with their malice is the principal occasion of their error in this kind And truly were all our Parliament Rolls Pleas Iournals faithfully transcribed and published in print to the eyes of the world as most of our Statutes are by authority of both Houses of Parliament a work as worthy their undertaking and as beneficial 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 warr to which they are now subject but likewise eternally silence refute the Sectaries Levellers ignorant false Allegations against your Honors Parliamentary Jurisdiction and Judicatur resolve clear all or most doubts that can arise concerning the tower jurisdiction privileges of both or either Houses keep both of them within their due bounds the exceeding whereof is dangerous grievous to the people except in cases of absolute real present urgent not pretended necessity for the saving of a Kingdom whiles that necessity continues and no longer chalk oâ—â— the â—miâ—ent regular way of proceeding in all kinds of Parliamentary affairs whatsoever whether of warr or peace Trade or Government Privileges or Taxes and in all civil or criminal causes and all matters whatsoever concerning King or Subject Natives or Foreiners over-rule reconcile most of the present differences between the King and Parliament House and House Members and Members clear many doubts rectifie some gross mistakes in our printed Statutes Law-Books and ordinary Historians add much light lustre ornament to our English Annals the Common Statute Laws and make all Lawyers all Members of both Houses far more able than now they are to manage 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 Lords Lawyers or others well read or versed in antient Parliament Rollâ— Pleas Iournals or Histories relating to them the ignorance whereof is a great Remora to their proceedings yea oft times a cause of dangerous incroachments of new Iurisdictions over the Subjects persons estates not usual in former Parliaments of some great mistakes and deviations from the antient methodical Rules and Tracts of parliament now almost quite forgotten and laid aside by new unexperienced ignorant Parliament Members who think they may do what they please to the publike prejudice injury of posterity and subversion of our Fundamental Laws Rights Liberties in the highest degree by new erected arbitrary Committees exercising an absolute tyrannical power over the Persons Liberties Estates Freeholds both of Lords themselves and all English Freemen Your Lordships helping hand to the speedy furthering of such a necessary publike work and your industrious magnanimous unanimous imitation of the memorable heroick presidents of your Noble progenitors in gaining regaining enlarging confirming perpetuating to posterity the successive Grand Charters of our Liberties when
ever violated in oppugning all arbitrary tyrannical Proceedings Taxes Oppressions Encroachments ill Counsellors and bad Instruments both of Kings and Popes themselves in inflicting exemplary punishments upon all Traytors Enemies to the publike both in our Parliaments and the Field too when there was occasion the principal whereof I have here presented to your view in a Chronical method will be a great accession to your Honour the best vindication of your antient undoubted Parliamentary Jurisdiction Right Power Judicature against all Opposites till the accomplishment whereof I shall humbly recommend this enlarged Plea in your Honors defence to your Noble Patronage who can pitch upon no better nor readier means to support your declining Honor and Authority or to re-indear your selves in the Peoples affections than in these distracted dangerous stormy times to ingage all your interest power activity speedily to settle secure Gods Glory Truth Worship the publike Laws Peace Liberty Safety of the Kingdom against all open Opposers and secret Underminers of them to unburthen the people of their long-continued heavy Taxes the Souldiers insolencies free-quarters to redress all pressing grievances all oppressing arbitrary Committees proceedings contrary to the rules of Law and Iustice to right all grieved Petitioners especially such who have waited at least seven years space at your doors for reparations to relieve poor starved Ireland raise up the almost lost honor power freedom reputation of Parliaments by acting honourably heroically like your selves without any fear favour hatred or self-ends by confining your selves with the Commons House to the antient bounds rules of Parliamentary Jurisdiction proceedings and by endeavouring to excel all others as farr in Iustice Goodness and publike resolutions as you do in Greatness and Authority Which that you may effectually perform as it is the principal scope of this Plea for your Lordships which whether you stand fall or by way of Remitter recover your antient rights again after a violent discontinuance of them for a season will remain as a lasting Monument to all Posterity of your undubitable just Right to sit and judge in all English Parliaments So it shall be the constant prayer of Your Lordships devoted Servant WILLIAM PRYNNE From my Study in Lincolns Inne 7. Junii 1647. To the Ingenuous READER THis Plea for the LORDS and House of PEERS was first suddenly compiled and published by me in the year 1647 when Lilburn Overton with their Iesuitical and Anabaptistical levelling Confederates endeavoured by sundry seditious Pamphlets libels Petitions then printed dispersed in the City Army Country to extirpate the Lords and House of Peers together with the King and Monarchy by engaging the vulgar Rabble Souldiers and Commons to suppresse pull down or cast off their superiour just antient legal authority over them not only against the expresse Laws of God and the Realm their own Oaths of Supremacy Allegiance Protestation Covenant but the very Law of Nature it self universally received amongst all Nations whatsoever Haec enim lex Naturae apud omnes Gentes recepta est quam nullum tempus delebit UT SUPERIORES INFERIORIBUS IMPERENT Which Law these unnatural Bedlams would now quite obliterate endeavouring to set up that Aâ—axy disorder in Government which Solomon and God himself by him so much complain of Eccles 10.5 6 7. There is AN EVIL I have seen under the Sun as AN ERROR that proceedeth from the Ruler Folly or persons of mean fortune parts birth is set in high dignity and the rich set in low place I have seen Servants upon Horses and Princes walking as Servants upon the earth Which disorder he thus censures Prov. 19.10 Delight is not seemlâ— for a fool much lesse for a Servant to have rule over Princes The sad effects whereof he thus relates Prov. 30.21 22. For three things the Earth is disquieted and for a fourth which it cannot bear the 〈◊〉 and chief whereof is this For a Servant when he reigneth To which David subjoyns another ill consequence Psal 12.8 The ungodly walk on every side when the vilest of the Sons of men are exalted which the Chaldâ— paraphrase thus glosseth In circuitu improbi ambulant tanquam sanguisugae qui sugunt sanguinem filiorum hominum the peasantry when exalted above the antient Nobility and Gentry being usually both intollerably proud insolent cruel bloâ—dy according to the old observation of Claudians and others Asperius humili nihil est cum surgit in altum Cuncta ferit dum cuncta timet desaevit in omnes Vt se posse putent nec bellua tetrior ulla Quam servi rabies in libera collâ— furentis Agnoscit gemitus et paenae parcere nescit This was experimentally verified not only in Wil. Langhamp heretofore and other particular persons advanced from low degree to places of greatest honour but in the popular insurrections of John Cade Jack Straw Wat Tyler and others who intended to murther the King destroy the Nobles Judges Prelates Lawyers and chief Gent. they could meet with than to seise upon their lands estates and make themselves Kings Lords in their steads and share the Kingdom Government between them and by the Anabaptists proceedings of like Nature at Munster and other places in Germany whom the present Levellers of this sect would doubtlesse imitate could they get but sufficient power into their hands My absence in the Country whiles this Plea was printing caused many material mistakes of words and one grosse mutilated transposition in Cheddars case in its first Edition p. 48 52. which I could not correct most of the Books being dispersed before I could get an Errata printed and the small time I had to compile it necessitated me to omit many material Records Presidents Histories pertinent to this Argument Whereupon to right my self with the Lords whose cause I pleaded and the Readers I soon after resolved to publish a corrected much inlarged Impression thereof but other publike Imployments and publications retarding it and the whole House of Lords some few Months after being forcibly suppressed my self with sundry other Members of the Comunions House secured secluded and after that dispersed and sent close prisoners by Mr. Bradshaws illegal Warrants unto several remote Castles without any hearing or cause expressed or recompence for the Injuries damages thereby sustained this much augmented Plea hath lyen dormant ever since and had never been awaked to walk abroad in publike had not the late loud unexpected Votes at Westm of a NEW KING AND HOUSE OF LORDS under the Name Notion of ANOTHER HOUSE passed by some who had lately c suppressed decryed engaged against them both as uselesse dangerous oppressive burthensom tyrannical c. revived and raised it out of the Grave of Oblivion The Subject matters principally debated and vindicated in it are only two First That all the Dukes Marquesses Earls Viscounts Barons Lords of England have an undoubted antient just Right Privilege to sit vote in all Parliaments
of England without any election by or Commission from the people with the true grounds thereof 2ly That the judicial power Judicature and Jugdements in Parliament belong wholly and soly to the King and House of Lords not to the Commons House and that in all criminal civil or ecclesiastical causes whatsoever proper for Parliaments to decide both in the Cases of Commoners and Clergy men as well as Peers who are onely triable both in and out of Parliaments by their Peers here plentifully evinced In debating these two points I have briefly proved the Antiquity of our Lords and Nobles sitting â—oting in all Parliamentary Great Councils both under our British Saxon Danish Norman and English Kings before any Knights Citizens or Burgesses were admitted into our Councils or Parliaments which having more particularly demonstrated by undeniable presidents in my Historical Collection of all the antient Great Councils and Parliaments of England in my Antiquity triumphing over Novelty p. 9 10.55 to 85. and in my 1 2 3. parts of an Historical Seasonable Vindication and Collection of the fundamental Rights Privileges Laws c. of all English Freemen printed 1655. 1656. 1657. wherein all the Great Councils and Parliamentary assemblies from Brute to William the Conquerer are Chronologically collected and epitomized I shall referr the Reader thereunto for full satisfaction of the Antiquity of our Parliamentary Councils and the Lords constant sitting voting judging in them 2ly Because many of our late Historians Antiquaries Lawyers and others derive our Parliament as now constituted and the calling of Knights Citizens and Burgesses to them from the Parliamentary Council held at Salisbury in the 16. year of King Henry the 1. or at least from King Henry the 2. his reign which the forged Imposture stiled Modus tenendi Parliamentum and Sir Edward Cook seduced by it would advance as high as Edward the Confessor as if there had been Knights Citizens and Burgesses usually summoned to all Parliaments in his reign and ever since I have herein given you an account out of our antientest and best Historians of all the Parliaments and Proceedings in them both under King Henry the 1. 2. and most others under their immediate Successors infallibly proving there were no Knights Citizens and Burgesses in the Parliaments held under either of them and that their first summons to Parliaments for ought appears was but in 49 H. 3. not before since which they have been usually summoned but yet in a various manner 3ly I have evidenced by many memorable Histories Presidents Records in all ages the most whereof were never mentioned by any who have formerly written of Parliaments that the Judicature in our Parliaments resides solely in the King and House Lords not only in all Criminal cases of Lords Peers Commons and in all Civil and ecclesiastical businesses Appeals and Writs of Error there descided but likewise in all cases of Elections breach or allowance of privilege of Parliament and misdemeanours relating to the House of Commons themselves their Speakers Members and menial Servants To which I shall only add That the late King in his printed Answer to the 19. Propositions of both Houses June 1642. thus declares That the LORDS being trusted with a Iudicatory power are an excellent Screen and Bank between the Prince and People to assist each against any incroachments of the other and by just judgements to preserve that Law which ought to be the Rule betwéen every one of the thrée 4ly I have herein for the benefit of all Students Professors of the Law and others who take all Sir Edward Cooks Opinions Records for undoubted Oracles without examination and swallow down all his mistakes discovered many of his gross Errors oversights misrecitals and pervertings of Records in matters relating to our Parliaments evidenced his much magnified Modus tenendi Parliamentum to be a meer late Imposture full of mistakes concerning the Antiquity and Judicature of the Commons House and refuted Sir Edward Cooks mistaken Law as in other points so in this That the Kings general writ of summons to any Knight or Esquire to the House of Lords by the name of Knight or Esquire without any special clause of creating him a Baron or Lord in the Writ doth neither ennoble himself nor his heirs nor make them Lords and Barons though they sit in the Lords House as he asserts it doth unless they held by Barony of the King before and were Barons by their Tenure the general writs of summons stiling them only Knights and Esquires as before not Lords or Barons and having no clause in them that will amount to the creation of a Lord much less of a Baron which Title or word Baron is not mentioned in the Writ nor doth it affix their Lordship or Barony to any particular place as all Writs and Patents that create men Lords or Barons use to do For the further clearing of this point you may observe that the writs of summons in the Clause Rolls do sometimes stile the persons summoned Barons thus all or most of the writs of summons from 25. E. 3. to 1 E. 4. are directed Willielmo Baroni de Graystocke Chivaler Radulpho Johanni Radulpho Baroni de Graystocke Sometimes the writs stile them Lords as Johanni Talbot Domino de Furnival in 4 H. 5 c. In Ann 25 27 28 29 31 33 38 H. 6. and 2 E. 4. the writs are Henrico Peircy DOMINO de Poymiger DOMINO de Poynings DOMINO de FERRARIIS de Groby Thomae DOMINO de Roos Richardo Woodvil Militi DOMINO de Rivers Roberto Hungerford Mil DOMINO de Mollings Willielmo Beuchamp DOMINO de Sto Amando Jacobo de Fynes DOMINO de Say et Seal Edwardo Gray Mil. DOMINO de Groby H. DOMINO de Poynings Johanni Sturton Mil. DOMINO de Sturton Johanni DOMINO de Clinton Edoardo Nevil DOMINO de Burgaveny Willielmo Bourchier Mil. DOMINO de Fitzwarren Henrico Bromflet DOMINO de VESSEY Thomae Grey DOMINO de Richmond Tho. Percie Mil. DOMINO de Egremont Ricardo Wells DOMINO de Willoughby Mil Richardo Fynes DOMINO de Dacre Though in most antient and later writs the word Dominus is omitted and the name of the Barony only used Somtimes there is a special clause of Creation in the writ it self as in Clause 27 H. 6. m. 26. dorso Henrico Bromfleet Mil creaâ—ing him the heirs males of his body lawfully begotten Barons of Vessey These writs which thus stile thâ— Barons Lords create them such by special clauses as patents doe will make those Knights and Esquires Lords or Barons who were none before but a General writ which terms them only Knights or Esquires and gives them neither the Title of Lords or Barons nor creates them such cannot make themselves or their posterity Lords or Barons unless they held by Barony and then they are Barons only by Tenure not Writ This is clear as I conceive by the
Peers made this memorable Petition and Remonstrance of their Privileges to the King The humble Remonstrance and Petition of the Peers MAy it please your Majestie we the Peers of this Realm now assembled in Parliament finding the Earl of Arundel absent from his place amongst us his presence was therefore called for But thereupon a message was delivered us from your Majestie by the Lord Keeper That the Earl of Arundel was restrained for a misdemeanor which was personal to your Majesty and lay in the proper knowledge of your Majesty and had no relation to matter of Parliament This Message occasioned us to inquire into the Acts of our Ancestors and what in like cases they had done that so we might not erre in a dutifull respect to your Majesty and yet preserve our right and privileges of Parliament And after diligent search made both of all Stories Statutes and Records that might inform us in this case we find iâ— to be an undoubted Right and constant Privilege of Parliament That no Lord of Parliament sitting in Parliament or within the usual time of Privilege of Parliament is to be imprisoned or restrained without sentence or order of the House unlesse it be â—or Treason or Felony or for refusing to give surety for the Peace And to satisfie our selves the better we have heard all that could be aleged by your Majesties learned Counsel at Law that might any way infringe or weaken this claim of the Peers and to all that can be shewed or alleged so full satisfaction hath been given as that all the Peers in Parliament upon the question made of this Privilege have una voce consented that this is the undoubted right of the Peers and hath been inviolably enjoyed by them Wherefore we your Majesties loyal Subjects and humble Servants the whole body of the Peers in Parliament assembled most humbly beseech your Majesty that the Earl of Arundel a Member of this Body may presently be admitted by your gracious favour to come sit and serve your Majesty and the Commonwealth in the great affairs of this Parliament And we shall pray c. Upon which Remonstrance and Petition the King refusing to inlarge him thereupon the Lords to maintain their Privilege adjourned themselves on the 25 and 26 of May without doing any thing and upon the Kings refusal to release him they adjourned from May 26 till June 2. refusing to sit and so the Parliament dissolved in discontent his imprisonment in this case being a breach of privilege contrary to Magna Charta In this very Parliament the Lord Digby Earl of Bristol being omitted out of the summons of Parliament upon complaint to the Lords House was by order admitted to set therein as his Birthright from which he might not be debarred for want of Summons which ought to have been sent unto him ex debito Iustitiae as Sir Edward Cook in his 4 Institutes p. 1. The Act for ttriennial Parliaments and King John great Charter resolve And not long after the beginning of this Parliament upon the Kings accusation and impeachment of the Lord Kimbolton and the five Members of the Commons House both Houses adjourned and sate not as Houses till they had received satisfaction and restitution of those Members as the Journals of both Houses manifest it being an high breach of their Privileges contrary to the Great Charter If then the Kings bare not summoning of some Pears to Parliament who ought to sit there by their right of Perage or impeaching or imprisoning any Peer unjustly to disable them to sit personally in Parl. be a breach of Privilege of the fundamental Laws of the Realm and Magna Charta it self confirmed in above 40 successive Parliaments then the Lords right to sit vote and judge in Parliament is as firm and indisputable as Magna Charta can make it and consented to confirmed by all the Commons people and Parliaments of England that ever consented to Magna Charta though they be not eligible every Parliament by the Freeholders people as Knights and Burgesses ought to be and to deny this birthright and privilege of theits is to deny Magna Charta it self and this present Parliaments Declarations proceedings in the case of the Lord Kimbolton a Member of the House of Peers Fifthly The Treatise intituled The manner of holding Parliaments in England in Edward the Confessors time befose the Conquest rehearsed afterwards before William the Conquerour by the discreet men of the Kingdom and by himself approved and used in his time and in the times of his successors Kings of England if the Title be true and the Treatise so antient as Sir Edward Cook others now take it to be When as its mention of the Bishop of Carlisles usual place in Parliaments which Bishoprick was not founded till the year of our Lord 1132. or 1134. as Matthew Paris Matthew Westminster Roger Hoveden Godwin and others attest in the later end of Henry the first his reign Its menâ—ion of the Mayors of London other Cities and writs usually directed to them to elect two Citizens to serve in Parliament whereas London it self had no Mayor before the year 1208. being the 9. year of King John nor other Cities Mayors til divers years after nor can any Writs for electing Knights of Shires Citizens or Burgesses to serve in Parliament which it oft times writes of be produced before 49 H. 3. nor any Writs to levy their expences or wages for their Service in Parliaments which it recites be produced before the reign of King Edward the 1. Nor was the name of Parliament which it mentions and writes of so much as used by any Author before the later end of King Henry the 3. his reign after whose reign this Modus was certainly compiled towards the end of K. Richard the 2. or after as other passages in it evidence beyond all contradiction This magnified Treatise be it genuine or spurious determines thus of the Kings and Lords rights to be personally present in all Parliaments The King is bound by all means possible to be present at the Parliament unless he be detained or let there from by bodily sickness and then he may keep his Chamber yet so that he lye not without the Manour or Town where the Parliament is held and then he ought to send for twelve persons of the greatest and best of them that are summoned to the Parliament that is two Bishops two EARLS two BARONS two Knights of the Shire two Burgesses and two Citizens to look upon his person to testifie and witness his estate and in their presence he ought to make a Commission and give Authority to the Archbishop of the Place the Steward of England and Chief Justice that they joyntly and severally should begin the Parliament and continue the same in his name express mention being made in that Commission of the cause of his absence thence which ought to suffice and admonish the OTHER NOBLES
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 cuâ—iaÌ„ 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
right duty to be personally present in Parl. and ever have been so as well as the Commons and neither of them to be excluded since they all make up but one Parliament that no Lords Commons ought to depart from it without special leave under pain of amercement and other penalties That no binding Law can be passed without their joynt consents And that the Commons alone are no more a Parliament of themselves without the King and Lords than the Common Councel of London are an intire City or Corporation without the L. Mayor and Aldermen or the Covent without the Abbot the Chapter without the Dean or the legs or belly a perfect man without the head neck and heart Sixthly The antient and constant form of endorsing Bills in Parliament began in the Commons house in all Parliaments since the House of Commons unanswerably demonstrates the Commons of Englands acknowledgement of the Lords right to sit vote assent or dis-assent to Bills in Parliament viz. Soit Bayle a Seigneurs let it be delivered or sent up to the Lords Yea the Commons constant sending up of their own Members with Messages to the Lords their receiving Messages from them and entertaining frequent conferences with them in matters wherein their opinions differ in which conferences the Lords usually adhere to their dissents unlesse the Commons give them satisfaction and convince them and the Lords oft times convince the Commons so far as to consent to their alterations of Bills Ordinances Votes and to lay them quite aside is an unquestionable argument of their Right to sit and vote in Parliament and of their Negative voice too All which would prove but a meer absurdity superfluity if the Commons in all ages and now too were not convinced that the Lords had as good right to sit and vote in Parliament and a Negative dissenting voice as well as they never once questioned nor doubted till within this year or two by some seditious disciples of Lilburns and Overtons tutoring who endeavoured to evade their justice on them Seventhly This just right of the Lords is expresly and notably confirmed by all the Commons of England in the Parliament of 31 H. 8. c. 10. concerning the placing and sitting of the Lords and great Officers of State in the Parliament House made by the Commons consent it being in vain to make such a Law continuing still till this very day both in force and use if they had no lawfull right to sit and vote in Parliament because they are not elective as Knights and Burgesses are And likewise by the Statute of 39 H. 6. c. 1. made at the Commons own Petition to repeal the Parliament held at Coventry the year before and all procedings of it by practice of some seditious persons of purpose to destroy some of the great Nobles faithfull and lawfull Lords and Estates meerly out of malice and greedy and unsatiable covetousness to possesse themselves of their Lands possessions offices and goods whereby many great injuries Enormities and Inconveniences well nigh to the ruine decay and universal subversion of the kingdom ensued The very design of our Lilburnists Sectaries and Levellers now out of particular malice and covetousness to share the Lords and all rich Commoners lands and estates between them being poor indigent covetous people for the most part scarce forty of them worth one groat at least before these times and wars 8ly This apparent Right of theirs is undeniably ratified acknowledged by the very words of the Kings writs in all ages by which the Lords themselves are summoned to the Parliament running in this form Carolus c. Charissimo consaguineo suo Edwardo Com. Oxon. salutem Quia de advisamento consensu consilii nostri pro quibusdam arduis et urgentibus negotiis Nos statum et defensionem Regni nostri Angliae Ecclesiae Angli canae concernentibus quoddam Parliamentum nostrum apud Civitatem nostram Westmonasterium 12 die Novemb. prox futuro tenere ordinavimus et ibidem vobiscum cum Praelatis Magnatibus et Proceribus dicti regni nostri colloquium havere ettractare Vobis sub fide ligeantiis quibus nobis teneamur firmiter injungendo Mandamus quod consideratis dictorum negotiorum arduitate periculis minentibus cessante excusatione quacunque dictis die et loco personaliter inter sitis Nobiscum ac cum Praelatis Magnatibus Proceribus praedictis super dictis negotiis tractaturus vestrumque consilium impensurus sicut Nos et honorem nostrum ac salvationem et defensionem Regni et Ecclesiae praedictorum expeditionem que dictorum negotiorum diligitis nullatenus omittatis Teste c. Which writs firmly require and command their personal presence counsel and advise in all Parliaments without any excuse and that by the faith and allegiance which they owe to the King and as they doe tender the King and his honour the salvation and defence of the Realm and Church of England and the dispatch of the arduous and urgent businesses which concern them Which is likewise seconded expressed in the very words of all the writs for election of Knights and Burgesses the form and substance whereof are antient and can recive no alteration nor addition but by Act of Parliament as Sir Edward Cook resolves By this Writ the Prelates Great men Nobles of the Realm are summoned to the Parliament there to treat and confer with the King of the arduous and urgent affairs and defence of the King Realm and Church of England as the first Clause of the writ Carolus c. quia c. pro quibusdam arduis et urgentibus negotiis Nos Statum defensionem Regni nostri Angliae Ecclesiae Anglicanae concernent quoddam Parliamentum nostrum c. teneri ordinavimus ibidem cum Praelatis Magnatibus Proceribus dicti Regni nostri colloquium haberet tractare Tibi praecipimus And the Commons are summoned to perform and consent to those things which shall there happen to be ordained by this Common Council of the Kindom c. And if they are thus summoned not to treat amongst themselves as an independent intire Parliament but to confirm and consent to what the King Prelates Great men and Peers the Common Council of the Realm shall ordain about such affairs as they must of necessity admit the King Lords and Peers to be altogether as essential yea more principal eminent Members of Parliament though not elective as the Knights and Burgesses who are but summoned to consent to and perform what shall happen there by their common advise to be ordained or at least to consult and advise with them as their inferiours not to over-rule them as their superiours and the only Supream power authority in the Kingdom So if they will totally exclude either King or Lords from the Parliament who are distinct principal and essential Members of it as well as the Commons and have always been so reputed until now
Kings accusation at the Bar of the whole House And for my part I am resolved to speak well of those that have done me justice and not to doubt they will deny it me till such time as by experience I find they doe it And at that time he was so much for the Loâ—ds that he writes most disgracefully derogatorily of the Commons House and other his Confederates by his example tells them of their want of power injustice and illegal proceedings quarrels only with them and their Committees for their delays and injustice towards him telling them to their faces in many of his former and late printed Libels That they have no power at all to commit or examin him or any other Commons of England without the Lords nor yet to give or take an Oath That they are but a peece and lowest part of the Parliament not a Parliament alone That they can make no binding Votes Ordinances or Laws nor commit nor command any Commoner without the Lords and in one or two Pamphlets more he endeavours to prove them to be now no lawfull house of Commons at all nor would he ever acknowledge them to be so and that he would make no more conscience of cutting theirs and the Lords throats the Tyrants and Oppressors at Westminster than of killing so many Weasels and Polcats with many other like scurrilous and mutinous expressions His own printed Papers Petitions Actions therefore are an unanswerable confutation of his malicious coÌ„tradictions of their Authority and judicature since for their exemplary justice on him And he must either now re-acknowlege thâ—ir right of sitting voting judging in Parliament to be lawfull or else renounce his own former Petitions and addresses to them for justice retract all his former printed Papers asserting their judicature and extolling their justice yea disclaim their judgement for vacating his own sentence in the Starchamber their awarding him damages and passing an Order to recover them as meerly null and void being made before no lawfull nor competent Judges as now he writes since not elected by the Peoples Vote Let those his followers who admire him for his Law observe these his palpable invincible contradictions and be ashamed and afraid to follow such an ignorant erronious guide who writes only out of malice faction not of judgement as his contradictions evidence 13ly The Acts for preventing the inconveniencies happening by the long intermission of Parliaments And to prevent the inconveniences which may happen by the untimely adjourning proroging or dissolving the Parliament made this Parliament and assented to by the King at the Commons importunity confirm the Lords interest right to sit and Vote in Parliament beyond all dispute and give them now power to summon a Parliament themselves in some cases in default of the King his Chancellor and Officers 14ly The antient form still continued till this day of dismissing and dissolving Parliament the King licenseth THE LORDS and COMMONS TO DEPART HOME and TAKE THEIR EASE 37 E. 3. n. 34. 38 E. 3. n. 18. 40 E. 3. n. 16. 43 E. 3. n. 34. 45 E. 3. n. 8.13 47 E. 3. n. 7. and all Parliaments since proves their right of sitting in and attending the service of the Parliament in person without special license of the King dispencing with their absence during its continuance in despite of all ignorant cavils to the contrary The Kings license of them to depart being void and nugatory if not bound by Law to attend the Parliament in person as well as the Commons 15ly Finally this hereditary right of the English Barons Lords is demonstrated resolved in this very clause of their Patents of creation when first created Earls or Barons inserted into all Patents since 20 H. 2. and implyed by our Laws though not precisely mentioned in all the antient Patents of creation before Volentes per praesentes concedentes pro nobis haeredibus successoribus nostris quod praefotus A. Comes vel Baro c. S. haeredes sui masculi ut Comites vel Barones de S. in omnibus teneantur tractentur reputentur et eorum quilibet habeat teneat et possideat sedem et locum in Parlamentis nostris haeredum et successorum nostrorum inâ—ra regnum nostrum Angliae inter alios Comites vel Barones ut Comes vel Baro. Than which nothing than be more positive and direct in point I shall close up all the premises with two memorable Clauses in two writs of Summons to Parliament evidencing not only the undoubted right but absolute necessity of the Lords personal fitting voting and advising in our Parliaments In the Parliament held at York in the 6 year of King Edward the third the Archbishop of Canterbury with some other Bishops and Nobles being absent thereupon the Prelates Nobles Knights and Burgesses there present refused to act any thing and resolved they could conclude nothing by reason of their absence whereupon they prayed the King to adjourn the Parliament and by a new Writ to summon the Archbishop and all other Bishops and Lords then absent personally to appear at York on the day whereto the Parliament was adjourned under a penalty as is evident by these Clauses in the Writs of Summons then issued Rex é venerabili in Christo Patri eadem gratia Archiepiscopo Cantuar. c. Verum quia dictis negotiis in eodem Parliamento praepositis quae salvationem jurium Coronae nostrae regni nostri intimè contingunt Et nobis incidunt multum cordi per Praelatos Proceres Milites Comitatuum tunc ibidem praesentes deliberato consilio responsum existit quod in tam arduis negotiis sine vestri ac aliorum Prelat ac Magnat et Procerum prodictorum absentium praesentia consilium et assensum praebere non possunt nec debent Ita quod nobis cum instaâ— a suppli◠〈◊〉 Paâ—liam illud usque ad diem Mercurâ—iâ— octavâ—s Sancti Hilari prox iâ—de futur continuari seu proâ—ogari inteâ—im vos eâ— caeteros Prelatos et Proceres tunc absentes convocari faceremus Ac nos quanquam huâ—usmodi â—iâ—tio noâ—s dâ—mâ—sâ— eâ— periculosa plurimum videâ—tur eorum Petitioni in hac parte annuentes c. Parliamentum praedictum usque ad octav praedictas duximus continuandum seu prorogandum Ac Praelatis Magnatibus Militibus Civibus Burgensibus injâ—nximus quod tunc ibid. intersint quacunque excusatione cessante ac omnibus aliis praetermissis Ne igitur contingat quod absit dicta negotia ad nostri regni nostri damnum dedecus per vestri seu aliorum ABSENTIAM ulterius prorogari vobis in fide dilectione quibus nobis tenemini et sub periculo quod incumbit districte iniungendo mandamus quod omni excusatione cessanie sitis personaliter apud Ebor. in dictis Octab. nobiscum cum caeteris Praelatis Magnatibus dicti regni nostri super dictis negotiis tractaturus et
should alwayes be summoned to and bear chief sway in our Parliaments in respect of their Peerage Power Nobility only without the peoples election This reason of their sitting in Parliament we find expresly recorded in Bracton l. 2. c. 16. fol. 34. and in Fleta l. 1. c. 17. The King say they hath a Superiour namely God also the Law bâ— which he is made a King likewise his Court to wit THE EARLS BARONS because they are called Counts as being the KINGS FELLOWS and he who hath a Fellow hath A MASTER And therefore if the King shall be without a bridle that is without a Law debent ei frâ—num imponere THEY OUGHT TO IMPOSE A BRIDLE ON HIM c. which the Commons being persons of less power and interest were unable to do Andrew Horn in his Mirrour of Justice ch 1. § 2.3 renders the like reason In all the contests in Parliaments and Wars between K. John Hâ—n 3. Edw. 2. Rich. 2. concerning Magna Charta the Charter of the Forest the Liberties Properties of the Subjects and opposition of unjust Taxes Ayds Exactions the Lords and Barons were the Ring-leaders the chief Opposers of these Kings Usurpations Exactions and Encroachments on the Great Charters Laws Rights Liberties of the people as all our Histories and Records relate whence they stile the Wars in their times THE BARONS WARS and before this the Nobles were the principal Actors in resisting the Tyranny of K. Sigebert and K. Bernard and dethroning them for their misdemeanours as is clear by Mat. Westminster in his Flores Historiarum An. 756. 758. To give some pregnant Instances of this kind not vulgarly known or taken notice of to clear this truth beyond contradiction Upon the death of William Rufus An. 1100. Magnates the Nobles of England not knowing what was become of Robert Duke of Normandy who had been 5. years absent in the holy Warrs thereupon Henry his Brother Congregato Londoniis Clero Angliae populo universo to wit the Lords Spiritual and Temporal expressed by these terms not the inferiour Clergy Knights Citizens Burgesses and Commons of the Realm as some Antiquaries and others mistake who derive their sitting in Parliaments from the beginning of this Kings reign promisit emendationem legum quibus oppressa fuerat Anglia tempore Patris sui Fratris nuper defuncti ut animos omnium in sui promotionem accenderet et amorem et illum in Regem susciperent et patronum Ad haec CLERO respondente et MAGNATIBUS CUNCTIS the Clerus populus there summoned quod si animo volente ipsis vellet concedere et Charta sua communire illas Libertates et Consuetudines antiquas quae floruerunt in Regno tempore Regis Edwardi in ipsum consentirent et in Regem unanimiter consecrarent Henrico autem libenter annuente et se id facturum cum juramento affirmante consecratus est in Regem favente Clero et populo cui continuo à Mauritio Londonensi Episcopo et à Thoma Eboracensi Archiepiscopo corona capiâ—i imponitur Cum fuerat diademate insignitus has Libertates subscriptas in regno ad exaltationem sanctae Ecclesiae et pacem populi tenendas concessit His Charter is recorded at large in Matthew Paris Bromton and others It begins thus Henricus Dei Graâ—ia Rex Angliae c. Sciatis me Dei misericordia Communi Consilio Baronum Regni Angliae Regem esse coronatum which proves that the Clerus Angliae Populus forementioned were only the Spiritual and Temporal Barons not ordinary Clergy and Commons as contradistinguished from them et quia regnum oppressum erat injustis exactionibus Ego respectu Dei et amore quam erga vos omnes habeo sanctam Dei Ecclesiam liberam facio c. et omnes malas consuetudines quibus Regnum Angliae injuste opprimebatur inde aufero quis malas consuetudines in parte hic pono Si quis Baronum meorum Comitum c. Lagam Regis Edwardi vobis reddo cum illis emendationibus quibus Pater meus eam emendavit Consilio Baronum suorum This Charter was subscribed by all the Bishops Earls Nobles and Barons of England Et factae sunt tot Chartae quot sunt Comitatus in Anglia et Rege jubente positae in Abbatiis singulorum Comitatuum ad monimentum So Matthew Paris relates William of Malmsbury records In regem electus est aliquantis tamen ante controversiis INTER PROCERES agitatis atque sopitis Which done aliquarum moderationem legum revocavit in solidum Sacramento suo et OMNIUM PROCERUM ne luderentur corroboravit Simeon Dunelmensis records that Consecrationis suae die Sanctam Dei Ecclesiam liberam fecit ac omnes malas consuetudines et injustas exactiones quibus regnum Angliae opprimebatur abstulit Legem Regis Edwardi omnibus in commune reddidit c. MAJORES NATU ANGLIAE MAGNATES TERRAE CONGREGAVIT LONDONIAE The Chronicle of Bromton records the same in the self-same words and so doth Henry Knyghton de Eventibus Angliae l. 2. c. 8 9. Polychron l. 7. c. 12. Roger de Hoveden Annal. pars 1. p. 468. and that the Lords procured this Charter King Stephen being elected and crowned King à PRIMORIBUS REGNI against his own and their former Oaths Omnes tam Praesules quam Comites et Barones qui filiae Regis et suis haeredibus juraverant Fidelitatem consensum Stephano praebentes In pursuance of his Coronation Oath Anno 1136. EPISCOPOS PROCERES REGNI SUI regali Edicto in unum convenire praecepit cum quibus GENERALE CONCILIUM CELEBRAVIT Oxoniis Wherein he confirmed all their Laws and Liberties by a special Charter in which there are these Clauses among others Sanctam Ecclesiam liberam esse concedo et debitam reverentiam illi conservo Omnes exactiones et injustitias et meschemingas sive per Vicecomites sive per alios quoslibet male inductas funditus extirpo Bonas leges et antiquas et justas consuetudines in hundris placitis et aliis causis observabo et observari praecipio et constituo This Charter was subscribed by all the Bishops Earls and Barons who procured it in this Common Council at Oxford Which they promised inviolably to observe generaliter se servaturum juravit sed nihil horum quae Deo promiserat observavit writes Matthew Paris Henry Huntindon Holinshed and others observe that the Archbishops Bishops and Nobles who contrary to their Oaths of Allegiance to Henry the 1. Mawde and their heirs elected Stephen King for this their detestable perjury soon after came to exemplary ends especially Roger the great Bishop of Salisbury qui secundum illud Sacramentum praefatum fecerat et omnibus aliis praedicaverat unde justo Deo judicio postea ab eodem Stephano quem creavit in Regem captus et excruciatus miserandum sortitus est
ad ipsum Regem confirmationem omnium istorum sub sigillo suo tanquam ab eo qui 〈…〉 â—tus erat cedendum malitiae temporis censuit obtinuerunt Pro eonfirmatione et harum rerum omnium dedit populus Anglicanus Regi denarium nonum bonorum suorum Clerus vero Cantuariensis Decimum et Clerus Eboracensis Quintum qui propiordamno fuit So Walsingham truly relates the History of this transaction These Statutes thus obtained by the Earls and Barons from the King are printed in our Statutes at large with the excommunication of the Prelates then denounced against the infringers of them in Rastals Abridgement of Statutes Sir Edward Cooks 2 Institut p. 527. to 537. being thus intituled Confirmationes Chartarum de Libertatibus Angliae et Forestae et Statutum de Tallagio non concedondo made both in the 25 year of Edward 1. not in the 34 as our Statute books and Sir Edward Cook misdate the latter of rhem The differences between the King these Earls and Nobles touching these liberties with his confirmation of them and the aid granted him for the same are likewise recorded in the Patent Roll of 25 Ed. 2. par 2. m. 6 7 9. And Claus 25 E. 1. m. 2.5.14.18.76 dors there are sundry Writs and Proclamations sent to all the Sherifs for the keeping of Magna Charta in all its articies and to the Bishops to excommunicate the Infringers of them agreeing with Walsinghams relation Anno 1299. the 26 of King Edward the first the king holding a Parliament at York the foresaid Earls because the Confirmation of the Charters forementioned was made in a forein land requested that for their greater security they might be again confirmed by the King in England which the Bishop of Durham and three Earls engaged he should doe upon his return out of Scotland with victory Whereupon this King the next year being the 27 of his reign holding a Parâ—iament at London Ubi rogatus a Comitibus saepe dictis ut Chartarum confirmationem renovaret secundum quod in Scotia promiserat post aliquas dilationes instantiae eorum acquievit hac additione Salvo jure Coronae nostrae infine adjecta Quam cum audissent Comites cum displicentia ad propria recesserunt sed revocatis ipsis ad quindenam Paschae ad votum eorum absolute omnia sunt Concessa And thereupon the Statutes intituled Articuli super Chartas 28 E. 1. in our printed Statutes and Cooks 2 Institutes whereas it should rather be 27. were then made and published by these Earls and Nobles procurement and Writs sent to all the Sherifs De quibusdam Articulis in MAGNA CHARTA contentis Chartae de Foresta Henrici Patris nostrae observandis Rot. Claus 27. E. 1 m. 17. And Pat. 28 E. 1. m. 14. Commissions are sent into all Counties de Artic. in mag Chart. content Stat. Regis apud Winton edita observandis and that whosoever did not observe every Article should be punished per imprisonamentum redemptionem vel amerciamentum secundum quod transgressio exigeret there being no certain way of punishment before ordained And Claus 28 E. m. 7 8. There are Writs sent to every Sherif to read proclaim magna Charta in his County 4 times every year to proclaim Articulos super Chartas à Rege populo concessos But the Execution of the Articles of the Forest being deferred notwithstanding these Proclamations thereupon King Edward held a Parliament at Stanford the 29 year of his reign ad quod convenerunt Comites et Barones cum eqnis et armis eo prout dicebatur proposito ut executionem Chartae de Foresta hactenus dilatam extorquerent ad plenum Rex autem eorum instamiam importunitatem attendens eorum voluntati in omnibus condescendit To omit all other Presidens these forecited abundantly evidence the gallantry stoutness heroical courage care vigilancy of the Lords in all our Parliamentary Councils to maintain and defend the fundamental Liberties Properties Great Charters of the Realm and to perpetuate them to posterity without the least violation to vindicate re-establish them when infringed and to withstand oppose all unjust aids taxes subsidies when either demanded levied exacted by our Kings though in cases of pretented or real necessity to supply their wants maintain their wars and protect the Realm from forein enemies I shall only produce three of four Historical Presidents more demonstrating what great Curbs Remoraes Obstacles some particular potent Noblemen of great estates alliance publike spirits have been to the exorbitant arbitrary wills power proceedings of our Kings who most endeavoured openly to subvert or cunningly to undermine our publike Laws and Liberties Mat. Paris speaking of the death of Geoffry Fitz-Peeter one of the greatest Peers of that age writes thus of him This year Anno 1218. Geoffry Fitz-Peeter Chief Justice of all England a man of great power and authority TO THE GREATEST DETRIMENT OF THE KINGDOM ended his dayes the 2. day of Octob. ERAT autem FIRMISSIMA REGNI COLUMNA for he was the most firm pillar of the Kingdom as being a Nobleman expert in the Laws furnished with treasures rents and all sort of goods and confederated to all the great men of England by blood or friendship whence the King without love did fear him above all men for he governed the reigns of the Kingdom Whereupon after his death England was become like a ship in a storm without an helm The beginning of which tempest was the death of Hubert Archbishop of Canterbury a magnificent and faithfull man neither could England breath again after the death of these two When K. John heard of Fitz-Peeters death turning to those who sate about him He said By Gods feet now am I first King and Lord of England He had therefore from thenceforth more free power to break his Oaths and Covenants which he had made with the said Geoffry for the peoples Liberty and Kingdoms peace Such Pillars and Staies are great and stout Peers to a Kingdom and Curbs to tyrannical Kings which caused Vortigern the British Kingâ— who usurped the Crown with the treacherous murder of his Soveraign Nobiles deprimere et moribus et sanguine ignobiles extollere quod maximè regiae honestati contrarium est to secure his throne thereby against their predominant power as other Usurpers and Tyrants since have done Therfore of meer Right they ought to have a place and voice in Parliaments for the very Kingdoms safety and welfare without the peoples election William Duke of Normandy having slain the Usurper King Harold with many thousands of Englishmen in the field routed his whole Army and caused the City of London and most parts of England to subject themselves unto him as their Soveraign out of base fear thereupon Stigand Archbishop of Canterbury and Eglesine Abbot of St. Augustine chief Peers of the Realm and Lords and Governors of Kent to preserve themselves their Country Laws and
admittere dominus Eboracensis licet contra personam praesentatam nihil inveniret quod obsisteret sed solam inhibitionem vestram praetenderet Verum cum in incendio vicinae domus nostrarum immineat periculum vobis tanquam patri supplicamus quatenus tam praedictum Robertum quam nos omnes singulos praedicta libertate praesentandi Clericos nostros ad ecclesias nostras vacantes libere uti permittatis injungentes praedicto Archiepiscopo quod I. Clericum ad praedictam ecclesiam ab eodem praesentatum pro quo etiam preces effundimus devotas praesertim cum sit negotiis Regis regno nostro necessarius nisi aliquod canonicum obstiterit non obstante priori mandato vestro admittat Ut ex hoc nos ad propensiorem famulatum ecclesiae provocetis Ne cum sit jus advocationis praedictorum feudorum pro quibus Domino nostro militamus cogamur illius invocare subsidium qui jura libertates laicorum protegere â—enetur confovere Valete Anno 1140. In octavis vero Epiphaniae congregati sunt Londini Archiepiscopi et Episcopi cum multis aliis Magnatibus praesente etiam Legato reponentes querimoniam coram Rege in curia sua super variis injuriis oppressionibus quotidianis desolationibus illatis ecclesiae per iniquum Regis consilium contra suas chartas juramenta temere veniendo nec patitur suis pastoribus viduatas ecclesias respirare sed ut ab eisdem ecclesiastica bona variis argumentis extorqueat annis plurimis eas in manu sua detinet nec patitur electiones canonicas celebrari Super quibus injuriis illatis diatim multiplicatis omnes se asserunt vehemâ—ntâ—r admirari cum ipse Rex toties juraverit se jura ecclesiastica illibata conservare ipsomet audiente candelam tenente quod omnes Episcopi in violatores libertatum ecclesiasticarum simul sententiam fulminabant in cujus sententiae consummatione Rex ut alii candelam extinxit inclinandâ— Et erant contra Regem in querimonium Episcoporum capitula circiter 30. Et eotenus processum est quod lata sit iterum sententia terribiliter nimis in omnes Regis consiliaâ—ios qui ejus animum ad praedicta enormia conabantur inclinare In the Parliamentary Council held at Merton An. 1229. Anno 20 H. 3. cap. 9. All the Bishops to set up the Popes and their own Canons above the Common Law of England earnestly intreated the Lords that they would consent that those who were born before matrimony might be legitimare as well as those born after mariage as to hereditary succession because the Church held such for legitimate et omnes Comites et Barones una voce responderunt nolumus leges Angliae mutare quae hucusque usitatae sunt approbatae Upon which Sir Edw Cook observes That the Nobility of England have ever had the Laws sf England in great estimation and reverence as their best birthright Anno 1244. the 28 of Henry the third Pope Innocent sent one Martin his Legate into England with letters demanding a large contribution from the Prelates Abbats and Clergy to be speedily collected as he should direct which coming to the knowledge of all the Lords and Great men omnes ad Praelatos accesserunt ut uno per omnia consilio uterentur quia hoc negotium generalem statum Regni contingebat Whereupon all the Prelates by the Lords advice and encouragement denied to grant the Pope any aid at all sic soluto Concilio recesserunt Moreover this same year Romana Ecclesia rubore deposito tempore novi Papae Innocentii 4. non cessabat provisiones cotidianas redditus impudenter extorquere a via antecessorum suorum non exorbitando imo manum super omnes aggravando Exiit igitur murmur licet sero in cordibus Anglorum diu conceptum et retentum in manifestam querimoniam et quasi parturientes loqui non poterant amplius se continere Patientia enim eorum desidiosa erat humilitas infructuosa est imo potius damnosa et ipsa abutebatur Romana protervitas insatiabilis Et in unum convenientes totius Regni Nobiles Regem efficacissime super hoc conâ—enâ—rum asserentes se malle mori quam amplius tales enormitates tollerare Non enim eorum neque antecessorum suorum intentio fuit quando contulerint bona viris religiosis et aliis locis pia consideratione constructis ut ipsa ad aâ—bitrium Papae viris Italicis ignotis et eis quos noverant Simoniis usuris pollutos viciis multimodis quibus non est cura praedicatio vel hospitalitas Christi fidelibus impendenda contribuerent Rex igitur non mediocriter ad iram provocatus sciens ac sentiens talibus queremoniis inesâ—e veritatem scripsit Domino Papae verbis humilibus efficacissimis ut talia studeret paterna solicitudine corrigere The next year Anno 1245. This Martin violently seising on the lands and profits of divers Churches and religious persons prorerva injuriosa authoritate wherein the King protected him against all men whereby the condition of the Realm became most miserable thereupon urgente igitur necessitate totius Regni Angliae maxime praeceptum est ab ipso tempore EX PARTE ALIQUORUM MAGNATUM pro multiformi et incessabile oppressionne et depraedatione Regni dolentium et miserantium diligenter die nocte custoditis omnibus partibus Angliae PAPALES LITERAE quae quotidie ad emungendam pecuniam portabantur caperentur Wherupon the Governour of Dover took one of the Popes Posts laden with such Bulls and Letters to exact monies by divers means as he arrived at Dover and took away all his Bulls and Letters as he was commanded by the Lords imprisoning the Post in Dover Castle whom the King upon Martins complaint released causing the Letters and Bulls to be restored to him in perniciem Regni et Honoris sui Hereupon the Barons and Lords assembled at Laiton and Dunstable at Torneyes and from thence sent one Fulco to Martin residing in the New Temple at London commanding him presently to depart the Realm or else he and all his should be hewn in pieces within 3 days who thereupon repairing to the King for protection and demanding whether this were done by his direction The King answered no Sed BARONES MEI vix se continent quin consurgant in me eo quod tuas in Regno meo eorundem quae â—us modum excedunt depredationes injurias hactenus tolleravi Quorum etiam furorem vix compescui quin et in te iâ—ruentes te membratim non dilacerarent Upon which Martin demanding that the Marshal might convoy him safe to the Seaside â—â—ed with great hast and fear out of England After which the king coming to himself and discerning his Error by the advice of all the Nobility of the Realm there was an elegant Epistle written wherein the
Whether they be the genuine offspring of these their Noble Ancestors or natural Freeborn English Peers or Freemen and not rather the degenerate off-spring of Russian Vassals or Turkish Gally-slaves who never knew what English Freedom was as if now born only to the greatest servitude and Bondage that ever mortals voluntarily submitted unto through pusillanimous fear or baseness For alas where is the Nobleman Knight Citizen Burgess Lawyer Gentleman or English Freemen to be found who now dares manfully to claim plead avow defend or contend for the undoubted rights and privileges of his own Peerage or our Parliaments the famous Grand Charters of his own and the Nations Liberty and Freedom either in or out of Parliament after so many old late military and Parliamentary Contests Acts Oathes Excommunications Remonstrances Declarations Protestations Vows Leagues Covenants for their inviolable maintenance and defence in every Article especially those which concern Peerage Liberty Property Freehold Life the Members privileges of our Parliaments and that not only against their Soveraign and Superiors with whom they formerly contested but even against those late or present domineering Army-Officers and Vpstaris who but a few years since were not only their fellow Subjects but their Inferiors in all respects yea their Mercinary Servants Hirelings and Mechanicks of the lowest rank or against the meanest Publicans Officers or Excise-men Governors of our new-moulded Common-wealth who have trampled our Great Charters Laws Liberties properties and Parliaments themselves under feet and not only scorn deride but disgust the very Name and Mention of Magna Charta as offensive to their lawless tyranny and repute the urging of it to controll their arbitrary proceedings encroachments Taxes Excises little less than a capital offence For proof whereof I shall instance in One particulat In August 1650. during my close Imprisonment in Dunster Castle by Mr. Bradshaw and his Whitehall Associates lawless warrant there came an Order from them and the Committee of the Militia of Somersetshire with near 200 pioneers of the County to slight and demolish that Castle to the Ground without giving Mr. George Luttrel then owner thereof the least notice Who thereupon was advised by his Councel to send a Petition to Whitehall to stay the execution The Petition then drawn by his Council being long and imperrinent I did at his Wives request draw up another short one for him to this effect That Dunster Castle was the antient inheritance and chief Seat of his Ancestors and himself of which many Manors were held by Knight Service and Castle-Gard That his Father fortified and held it for the Parliament at his own charge for which he was kept and died a Prisoner under the King That his Vncle who was slain near the Castle and himself were both Colonels for the Parliament serving them gratis without any pay for which the Kings party had sequestred his estate felled his woods seised his rents to the value of ten thousand pounds at least that the Castle was regained from the Kings party principally by his means being his only Mansion house which if now suddenly pulled down he and his family must lye in the Streets and he sustain at least thirty thousand pounds new damage by it instead of a recompence for his former losses and publike unmercenary services which would expose both himself and thē to the obloquy of their malignant Enemies He thereupon humbly prayed that according to Magna Charta he might not be disinherited or disseised of this his Freehold without any hearing or Legal trial by this their Order but that they would suspend or revoke it This petition being sent to London was delivered to a Great Lawyer one of Mr. Bradshaws Associats and a then sitting Member to present who commanded the very name and mention of Magna Charta only to be struck out and the rest of the petition to be new written because the very name of it would give offence or distaste to the COVNCEL at Whitehall as he affirmed Which I then found true by experience my insisting on it in my Letters to them to demand my Liberty being so offensive that they would neither answer nor read my Letters but with indignation How others in late and present power have vilified and contemned the Great Charter the petition of Righr and all other Laws in confirmation of it by dissolving the House of Peers making and unmaking new forms of Parliaments at their pleasures condemning beheading Peers and others in new misnamed High Courts of Justice without trials by their Peers imprisoning close imprisoning confining banishing sequestring disinheriting disofficing Nobles Parliament-men and all sorts of Freemen at their pleasures without any lawful cause hearing or legal trial by breaking up and ransacking their houses by armed Soldiers day and night seising their horses arms Letters papers denying to grant them when imprisoned Habeas Corporaes or to return them when granted or bayl them when returned by imposing intollerable uncessant Taxes Excises Imposts payments penalties sequestrations forfeitures Treasons exiles restraints Engagements Disabilities on the people by commanding all Courts of Justice in their new Commonwealth and all Judges and Justices of the same Sherifs Committee-men Attornies Sollicitors and all other persons without any Opposition or dispute whatsoever to conform themselves to their most tyrannical Ordinances touching Taxes Imposts Excises though so much decried condemned by two Parliaments and themselves authorizing their Excisemen and Agents to levy their illegal new kind of Impositions by ex officio Oaths Distresses Fines Forfeitures sequestrations seisures both of their real and personal Estates breaking up of their houses which must stand open to their searches day and night without opposition by imprisonment of their persons by indemnifying all Officers who shall thus illegally abuse them giving them good costs and damages if sued staying all their actions at Law for their just relief and imprisoning all such Lawyers as grand delinquents who shall dare to move for their Liberties or plead their causes which not one dares doe since Mr. Conyes late case And how our New-modelled Parliaments as some stile them instead of complaining against and regulating these tyrannical oppressions Exorbitances Taxes Ordinances Excises and reprehending the Authors of them to their faces have countenanced them by their stupid silence confirmed them by new Edicts yea made it their principal business to burthen our 3. whole Nations with perpetual endless illegal New Taxes Excises Imposts Customs Payments unheard of by our ancestors in any former ages amounting to more thousands millions in one year than King Henry the 3. whom the Barons so much opposed and complained against for Exactions levied upon his Subjects by way of Tax or Ayds in all his 51 years reign yea to null the Great Charter it self with all our fundamental Laws Liberties and the Privileges Essence of Parliaments themselves by secluding disabling what members they please from sitting by depriving the people of their Votes freedom
by their Speaker acknowledge the right of judicature in the case of a Commoner to be only and wholly in the Lords even in a criminal cause and thereupon pray the Lords to give judgement against him upon their Impeachment which they did accordingly in their robes as Judges by the mouth of the Lord Keeper their Speaker In this very Parliament now sitting Decemb. 21. Jan. 14. Febr. 11. 1640. and July 6. 1641. The Commons House by their Members impeached Sir John Bramston Chief Justice of the Kings Bench Sir John Finch Chief Justice of the Common Pleas Sir Humphry Davenport Chief Baron Judge Berkly Judge Crawly Baron Weston and Baron Trever of high Treason and other misdemeanors for that they had trayterously and wickedly endeavoured to subvert the fundamental Laws and established Government of the Realm of England and instead thereof to introduce an arbitrary and tyrannical Government against Law which they had declared by trayterous words opinions and judgement in the point of SHIP MONY by their subscriptions and judgement given against them in the case of Mr. Hamden in the Exchequer Chamber Which Impeachments they transmitted to the Lords House praying THE LORDS to put them to answer the premises and upon their examinations and trial to give such judgement upon every of them as is agreeable to Law and Justice To avoid which judgement Sir John Finch fled the Realm and the rest of them made fines and compositions to the publike and were most of them removed from their Judges places After this the Lords themselves as Judges in Parliament passed several judgements and censures against Dr. John Pocklington for his Sunday no Sabbath and other Books and against Dr. Bray for licensing them In October 1643. The Lords fined and imprisoned Clement Walker Esq in the Tower for some scandalous words against the Lord Viscount Say a Member of he House of Peers After that the Lords alone without any Impeachment of the Commons on their privity imprisoned fined and censured one Morrice upon complaint of Sir Adam Littleton after a full hearing at which I was present for forging an Act of Parliament with four or five more of his confederates therein which was most clearly proved by Witnesses upon Oath whereby he would have defrauded Sir Adam of some Lands in Essex And at least one hundred more Commoners have been committed by THE LORDS this Parliament and fined by them for several offences Misdemeanors and Breaches of their Privileges as well as Lilburn and Overton yet none of them ever excepted against or demurred to their Jurisdiction nor did the Commons House ever yet except against them for these their proceedings as injurious or illegal but approved and applauded this their Justice Finally John Lilburn himself in his printed Pamphlet intituled Innocency and Truth justified p. 74 75. relates that on May 4. 1641. himself was accused of High Treason and brought before the Lords Barr for his life where one Littleton swore point-blank against him But he having Liberty given to speak for himself without any demurring to their Jurisdiction because we was a Commoner desired that his Witnesses might be heard to clear him was upon Mr. Andrews Oath acquitted at the Barr of the whole house And thereupon concludes I am resolved to speak well of those who have done me JUSTICE From all these punctual successive presidents impeachments and clear confessions of the Commons House themselves in many former and late Parliam 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 Iudicature without the Commons vested in them not only over Peers themselves but likewise Commoners in all extraordinary criminal cases of Treason Felony Trespass and other Misdemeanors triable only in Parliament which hath been constantly acknowledged practised submitted to in all ages without dispute much more then have they such a just judicial rightfull power in cases of breach of their own privileges of which none are or can be Judges but themselves alone as Sir Edw. Cook resolves they being the supremest Court. And to deny them such a power is to make the Highest Court of Judicature in the Realm inferiour to the Kings Bench and all other Courts of Justice who have power to judge and try the persons causes of Commoners yea to commit and fine them for contempts and breaches of their Privileges as our Law books resolve and every mans experience can testifie The Lords right of Iudicature both over Peers and Commoners in criminal causes being thus fully evicted against the falseâ— ignorant pretences of illiterate Sectaries altogether unacquainted with our Histories and Records of Parliament which they never yet read nor understood there remains nothing but to answer some Authorities Presidents and Objections produced against it These presidents in Sir Edward Cooke Sir Robert Cotton and others are of 3 Sores 1. Such as are produced by them only to prove that the Commons have a Copartnership and joynt Authority with the King and Lords in the power and right of Judicature in our Parliaments 2ly Such as are objected to evidence they have a sole power of Judicature in themselves in some cases without the K. and Lords 3ly Such as are urged to prove they have no right of Judicature in Parliament in the cases of Commoners that are capital or criminal I shall propose and answer them all in order 1. Sir Edward Cook and Sir Robert Cotton produce these presidents to prove That the Commons have a Joint inâ—erest right and share with the King and Lords in the Iudicatory or Judicial power of Parliaments which I shall propound according to their Antiquity The 1. President alleged for it is that of Adomar Bishop of Winchester elect cited by Sir Robert Cotton in his Post-humous Discourse concerning the Power of the Peers Commons in Parliament in point of Iudicature who An. 44 H. 3. as affirms he was then exiled by the Ioint Sentence of the King Lords and COMMONS as appears by the Letter sent to Pope Alexander the 4th Si Dominus Rex et Regni Majores hoc vellent meaning Adomars revocation COMMUNITAS tamen ipsius ingressum jam nullatenus sustineret The Peers subsign this answer with their names and Peter de Moâ—tfort vice totius COMMUNITATIS as Speaker or Proctor of the Commons I answer under the favour of this renowned learned Antiquary that this president is full of gross mistakes For 1. Bishop Adomar was not banished the Realm at all either by King Lords or Commons but fled out of it voluntarily for fear to avoid the Barons who purâ—iâ—ed him with forces as Mat. Paris with others relate which the Nobles and Generality of the Barons in direct terms inform this Pope in another Letter sent together with this objected Maxime cum ipse a regno expuisus non extiterit sed sponte cesserit non ausus exhibitionem justiâ—iae quae
2. c. 4. 7 H. 4. c. 15. 11 H. 4. c. 1. 1 H. 5. c. 1. 6 H. 6. c. 4. 8 H. 6. c. 7. 10 H. 6. c. 2. 11 H. 6. c. 11. 23 H. 6. c. 15. which cite Our Lord the King willeth commandeth and Ordaineth or hath Ordained by advice and assent of the Lords Spiritual and Temporal upon complaint or at the special request of the Commons to shew that they are only Petitioners not Judges nor Ordainers in all or any of them give them not the least title of Jurisdiction in cases of elections or privileges And therefore according to the resolution of all the Judges Hill 2. Jacobi in the case of Penal Statutes Cook 7 Rep. f. 37. That the prosecution of penal Statutes cannot by law be granted to any nor be prosecuted or executed in any other order or manner of proceeding than by the Acts themselves is prescribed and provided the Commons cannot against the Letter and provision of all those Acts be Judges of them in any other manner or order than they prescribe As for their proceedings in the Committee of Privileges touching Elections since they have interposed in them as they have been very irregular illegal in respect all the Witnesses they examin touching them are unsworn and give their testimonies without Oath upon which they Ground their Votes So they are for the most part very partial and for that cause it is usually stiled The Committee of Affections he that can make the most Friends and strongest party being sure to carry the election for the most part both at the Committee and in the House though never so foul as I could instance in many cases of late times and more especially in the case of the Election of Cirencester 1647. too foul to blot my paper with For their suspending secluding ejecting their own Members I have sufficiently manifested its illegality long since in my Ardua Regni being a late dangerous president began within our memories the sad effects and consequences where of we now discern by these dangerous gradations 1. The Commons began to seclude one another upon pretence of undue elections and retornes in Queen Elizabeths reign but not before which they have since continued and that rather to strengthen or weaken a party in the House then to rectifie undue elections and retorns which a good Act would easily do 2ly In the later and last Parliaments of King Charls they began to seclude Projectors though duly elected 3ly They proceeded to suspend and eject such who were royallists and adhered to the late Kings party 4ly They proceeded to imprison and eject those Members whom the Army Offices impeached or disliked as opposite to their designs 5ly The Minority of the House at last by the power of the Army secured secluded expelled the Majority and 50 or 60. near 400 Members and made themselves the Commons House without them 6ly They then proceeded to vote down and seclude both King and House of Lords then voted themselves to be the Parliament of England sole Legislators and supream authority of the Nation without either King or House of Lords or majority of their fellow Members prescribing an Engagement under strictest penalties against K. House of Lords to seclude them from all future Parliaments 7ly Hereupon the Army Officers and Souldiers who made continued them an absolute Parliament and first of all subscribed the Engagement to be true and faithfull to them without King and House of Lords at last by Divine Justice against their very engagements to them secluded suppressed them all as they had done the King Lords and their fellow Members and declared them to be actually dissolved and no longer to be a Parl. or the supreme authority of the Nation 8ly They then proceeded to chuse and nominate a Parliament at Whitehall alone without the peoples election and then one part of them without the rest resigned their new soveraign power and secluded dissolved the residue and turned them out of doors 9ly They then proceeded to a New model of Parliaments wherein they disabled most of the Freeholders Citizens and Burgesses of England to be either Electors or elected Members contrary to their privilege and all former laws for elections appointed those they stiled the Council of State at Whitehall to seclude what Members they pleased though duly chosen according to their new ill-tuned instruments before or without any examination or reason rendred for their seclusion to the secluded Members or their Electors for their new created Parliaments by which means they secluded whom and how many they pleased in all their late conventions And most of those Reipublican Members and some cashiered Army Officers who were most active in securing secluding their fellow Members in December 1648. and in voting down the King and House of Lordspunc who may now justly say as Adoâ—bezâ—eh once did in another case Judg. 1.8 As I have done unto-others so God hath requited me being secluded secured cashiered dissolved and some of them sent prisoners to remote Castles as they secluded and thus imprisoned my self with other their fellow Members without cause and most justly branded in several Pamplets and Declarations for a CORRVPT PARTY carrying on their own ends to perpetuate themselves in their late Parliamentary and supream Authority never answering the ends which God his people and the whole Nation expected from them but exercizing an arbitrary power at Committees and elsewhere over them likely to swallow up the antient Liberties and Properties of the People to increase their vexations c. as they had most unjustly taxed the secluded Members 1648. for A CORRVPT MAJORITY acting contrary to their trusts Which I desire them now seriously to lay to heart and to acknowlege Gods Soveraign Justice therein 10ly Their new Major Generals in their last elections prescribed to all Countries and to most Cities Burroughs by letters lists of names sent to them what persons they must elect secluding those they elected which were not in their lists and caused Sherrifs to return many they nominated though never elected but protested against by those who were to chuse them rather to carry on private interests designs than the private or publike good Laws Liberties Properties Peace Ease of the Nation from importable Taxes Excizes Slaverie and armed guards and to set up private Conventicles Parties instead of free publike English Parliaments duly elected and constituted These the sad effects of this Innovation and Usurpation of the Commons over their own Members by the objected Presidents which by Divine Justice have made all their new modelled Conventions abortive successess yea to end in sudden confusions and unexpected dissolutions ever since Besides from this their late fining imprisoning and judging of their fellow Members in the House they proceeded in the last long Parl. to make almost every Committee of the Commons House a most arbitrary tyrannical Court of Justice independent on the
upon him nor condemn him but by the lawfull judgement of his Peers or by the Law of the Land Whence thus they argue The Lords in Parliament are not Commoners Peers but the Commons only therefore they cannot be judged in Parliament by the Lords but by the Commons alone and if Peers there judge Commoners it is a tyranny and usurpation even against Magna Charta it self though it be in case of privilege To take away this grand seeming Objection and give it a satisfactory answer I say First in general that there is scarce one Parliament ever since Magna Charta was first confirmed but the Lords have sentenced and given Judgement against some Commoners capitally or penally in body purse or both without the Commons and did so doubtlesse before Magna Charta was made as I have already manifested yet never did the Commons in any one of those Parliaments till this present complain of it as a violation of Magna Charta or a tyrannical usurpation as Lilburn and Overton stile it but acknowledged ir as a just right in the Lords even in 3 Caroli it self when the Petition of Right was passed in the Lords Judgement and Sentence against Dr Manwaring a Commoner impeached by the Commons in Parliament And therfore for this Ignoramus alone against the judgment of the Commons in Parl. in all ages to averr this a breach of Magna Charta for imprisoning and sining him for the highest affront and breach of privilege ever offered to any Parl. is the extremity of ignorance malice singularity Secondly I answer That the Statute of Magna Charta extendeth not to nor was ever intended of the high Court of Parliaments Judgements Proceedings but only to and of the Proceedings Judgements in the Kings great Courts of Justice at Westminster Hall the Exchequer his Privy Council and other inferior Courts held before Judges Justices of Assise and other Officers as is evident by comparing this objected Chapter with c. 11 12 13 14 18 28 30 34 37. by the Statutes of 25 E. 3. Stat. 5. c. 4. 28 E. 3. c. 3. 37 E. 3. c. 18. 38 E. 3. c. 9. 42 E. 3. c. 2. 17 R. 2. c. 6. and the Petition of Right it self 3. Caroli which so expound it there being never any complaint against the Parliament it self or House of Peers in any age for breach of Magna Charta in censuring or imprisoning Commoners till now Therefore this misapplying of this Law to the Parl. and House of Peers is a gross oversight Thirdly the very literal sence of this Law is much mistaken by the Objectors The main scope whereof is this That no man should be deprived of his Freehold Liberties Limbs life or outlawed exiled or otherwise destroyed without legal process in due form of Law in Courts of Justice not by meer force violence injustice arbitrary and tyrannical power or martial Law nor being brought to his legal trial or answer And that none should pass upon them in any trials for freehold or life but only English Freemen Now in respect of Freedom any every Freeman of England is a Peer to another Freeman quatenus such a one within this Law though of an higher degree in point of honour dignity office estate as Knights Esquires Gentlemen Yeomen Citizens Merchants these as Freemen are all Peers one to another and may pass upon each other in Juries both in civil and criminal causes and this clause No Freemâ—n shall be imprisoned c. but by the lawfull judgement of his Peers extends only to villains and those who are not Freeholders from being Iudges of Freemen and Freeholders in trials by Jury whence the Writs to the Sherifs to summon Jurors require them alwayes to return Liberos Legales homines not to exclude Lords or Peers who are Freemen in the highest degree to be Judges of Commoners who are Freemen So as the Argument from the true meaning of this Law can be but this in respect of the persons quality who are to give judgement Villains and those who are no Freemen are not to be Judges of or impannelled in Juries to condemn Freemen because they are not their Peers nor Freemen as well as they Therefore Lords who are Freemen of the highest degree may not give judgement against Commoners who are Freemen Very learned nonsence We all know that the Lord Chancellor of England Lord Keeper Lord Treasurer Master of the Court of Wards and some of the Judges of the Kings Courts in Westminster Hall in former times with the Chief Justiciar and Justices in Eyre were antiently and of late too as the Earl of Holland and others Peers of the Realm not Commoners and that all the Peers of the Realm are in Commissions of Oyer and Terminer and of the Peace yet did we never hear of any Commoner demurring or pleading thus to any of their Jurisdictions in Chancery Kings Bench the Exchequer Chamber Eyres Assises or Sessions Sir I am a Commoner and you are a Peer of the Realm but no Commoner as I am besides you sit here only in the Kings right doing all in his name and representing his person who is not my Peer but Sovereign Therefore you ought not to judge my cause condemn my person nor give any sentence for or against me it being contrary to Magna Charta which enacts That no freeman should be judged or passed 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 Lilburn And if Lords Peers may judge the persons causes of Commoners in the Chancery Kings Bench Exchequer Court of Wards Eyres and at Assises Sessions without any violation of this clause in Magna Charta though they are exempted to be impannelled or serve in Juries in cases of Commoners as Commoners in Juries to try them much more may the House of Peers in Parliament doe it who are certainly Peers to Commoners as Freemen though Commoners be not Peers to them as Lords within the meaning of Magna Charta chap. 29. Fourthly If the Lords in Parliament cannot meddle with or give judgement in Commoners causes without breach of this clause in Magna Charta then why did Lilburn himself sue and petition to the Lords as the only competent Judges to reverse his sentence in Star Chamber and give him damages 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 express violation of this Law then himself in petitioning the Lords to relieve him against the Star-Chamber sentence because contrary to this very Law and Chapter of Magna Charta was a great a violator of it as his Star-Chamber censurers and his sentence in Star-chamber remains still unreversed because the Lords examining reversing of it they being no Commoners as he is but Peers was Coram non judice and meerly void by the Statute of 25 E.
3. Stat. 5. c. 4. because contrary to Magna Charta it self as he now expounds it Let him therefore unriddle assoyl this his own Dilemma or for ever hold his tongue and pen from publishing such absurdities to seduce poor people as he hath done to exasperate them to clamour against the Lords for being more favourable in their censure of him than his transcendent Libels and contempts against them deserved Fifthly This Statute is in the disjunctive by the Lawfull Judgement 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 or misdemeanors against them and their authority therefore the Lords in Parliament being the highest Tribunal may much more do it and have ever done it even by this express clause of Magna Charta and the Law and Custom of Parliament as well as they may give judgements in writs of Error against or for Commons without the Commons consent as himself doth grant yea and by the Kings concurrent assent declare what is Treason and what not within the Statute of 25 E. 3. c. 20. in the cases of Commoners as well as Lords without the Commons as they did in the forecited cases of William de Weston and Lord of Gomines 1 R. 2. n. 38 39 40. Of William Thorp 25 E. 3. n. 10. Of Thomas Haxey 20 R. 2. n. 15 16.23 Of Sir Thomas Talbot 13 R. 2. n. 20 21. Of Sir Robert Plesington and Henry Bowhert 22 R. 2. Plac. Coronae in Parliamento n. 27 28. Of John Hall 1 H. 4. Plac. Coronae in Parl. n. 11. to 17. Of Sir Ralph Lumley and others 4 H. 4. n. 15. 19 20 21. Of Sir John Oldcastle 5 H. 5. n. 11. and of Sir John Mortymer 2 H. 6. n. 18. as the Commons and Judges in all those Parliaments agreed without contradiction against the erronious opinion of Sir Edward Cooke to the contrary in his 3. Institutes p. 22. Sixthly It is granted by Lilburn that by this express Law No Freeman of England ought to be judged or censured but only by his Peers and that Commoners are no Peers to Nobles nor Noblemen Peers to Commoners Then by what Law or reason dared he to publish to the world That the House of Commons are the Supreme Power within this Realm and THAT BY RIGHT THEY ARE THE LORDS JUDGES certainly this is a Note beyond Ela a direct contradiction to Magna Charta in this very clause wherein he 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 Iudges then by Magna Charta c. 29. they are and ought to be their Peers and if the Commons be the Lords Peers then the Lords must be the Commons Peers too and if so then they may lawfully be his Judges even by Magna Charta because here he grants them to be no other than his Peers Lo the head of this great Goliah of the Philistin Levellers cut off with his own sword and Magna Charta for ever vindicated from his ignorant and sottish contradictory Glosses on it Now to convict him of his Errour in affirming the House of Commons to be by right the Lords Judges I might inform him as I have formerly proved at large that Magna Charta it self c. 14. 29. and Sir Edward Cook his chief Author in his commentary on them are express against him that in the Parliament of 15 E. 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 Temporalties Lands and Tenements Goods and Chattels seised into the Kings hands and some put to death without Iudgement of their Péers 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 Temporalties Lands Tenements Goods Chattels nor to be arrested or imprisoned outlawed exiled nor forejudged nor put to answer nor to be judged but by award of the said Péers in Parliament which privilege 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. 18 E. 3. n. 7. to 16. 10 R. 2. n. 7 8. 11 R. 2. n. 7 c. and sundry other Parliament Rolls See Cook 4. Instit p. 15. 17 E. 3. 19. Cromptons Jurisdiction of Courts f. 4. 12 13. Stamford f. 151 152. This Paradox therefore of his is against all Statutes Law-Books Presidents whatsoever and Magna Charta it self And as false an assertion as that the Subjects are the Judges of their Soveraign the Servants of their Masters the children of their Parents the Wiâ—es of their Husbands the Soldiers of their General and the feet and lower members of the Head The second only Objection more of moment is this If the House of Peers may without the Commons fine and imprison Commoners then if their fine and imprisonment be unjust and illegal they shall be remediless there being no superior Court to appeal unto which will be an intollerable slavery and grievance not to be indured among free-born people I answer first That no injustice shall or ought to be presumed in the highest Court of Justice till it be apparently manifested Secondly If any such censure be given the party as in Chancery upon just grounds shewed may Petition the House of Peers for a review and new hearing of the cause which they in justice neither will nor can deny and if they do then the party grieved may petition the house of Commons to intercede in his behalf to the Peers for a rehearing but for them to discharge free any Commoner judicially censured by the Lords I have hitherto met with no president in former Parliaments nor power in the house of Commons to doe it who cannot reverse Erronious judgements in any inferiour Courts by writ of Error but the Lords alone much less then the judgements of the Higher House of Peers which is paramount them Thirdly I conceive the House of Peers being the Superior Authority and only Judicatory in Parliament may relieve or release any Commoners unjustly imprisoned or censured by the Commons house or any of their Committees and ought in justice to doe it or else there will be the same mischief or a greater in admitting the house of Commons to be Judges of Commoners if there be no appeal from them to the Lords in case their sentences be illegal or unjust Thirdly This mischief is but rare and you may object the same against a sentence given or Law made in Parliament by the King and both Houses because there is no appeal from it but only to the next or some other Parliament that shall be summoned by petition in the nature of a Writ of
Christ beseeching all that fear God to behave themselves as obedient Subjects to the Queens Highness and the superiour powers which are ordained under her rather after their example to give their heads to the block than in any point to rebell against the Lords anointed Queen Mary in no point consenting to any Rebellion or sedition against her Highness but where they cannot obey but must disobey God there to submit themselves with all patience and humility to suffer as the will and pleasure of the higher powers shall adjudge Against the doctrine practice of some new Saints of this iron age who will ward off Christs wooden Cross with their iron swords and rather bring their Soveraigns heads to the block than submit their own heads unto it for their very Treasons and Rebellions against them So farr are they from believing practising the very first Alphabetical Lesson of our Saviours prescription and real Christanity Mat. 16.24 If any man will come after me let him deny himself and take up his cross and follow me The Duke of Northumberland for that he was appointed General of the Army in this Quarrel of the Lady Jane though Queen de facto was arrested of High Treason together with 3. of his Sons the Marquess of Northampton the Earl of Huntindon with sundry Knights Gentlemen and sent prisoners to the Tower of London The 16. of August next following the said Duke and Nobles were publikely arraigned of High Treason in Westminster hall before Thomas Duke of Norfolk High Steward of England being brought to the bar the D. used great reverence to his Judges professing his faith and allegiance to the Queens Majesty whom he confessed he had grievously offeâ—ded saying that he meant not to speak any thing in defence of his face but would first understand the opinion of the Court in 2. points 1. Whether a man doing any Act or thing by authority of the Princes Councel and by Warrant of the Great Seal of England and nothing doing without the same may be charged with TREASON for doing any thing by such Warrant Which question was grounded on this very Statute of 11 H. 7. c. 1. 2. Whether any such persons as were equally culpable in that crime and those by whose Letters and Commandment he was directed in all his doings might be his Iudges or passe upon his Tryal as his PEERS To the 1. was answered mark it That the Great Seal he had for his Wâ—rrant was not the Seal of the Lawfull Qu. of the Realm nor pâ—ssed by her Authority but the Seal of an Vsurper and therefore could be no Warrant to him To the 2. That if any were as deeply to be touched in that Case as himself yet so long as no attainder was of Record against them they were nevertheless persons able in Law to pass upon any tryal and not to be challenged therefore but at the Princes pleasure After which the Duke and the rest of the Lords using but few words declaring their earnest repentance and imploring the Queens mercy confessed this Indictment of Treason and thereupon had Iudgement passed upon them as Traytors And the Duke with Sir Iohn Gates and Sir Thomas Palmer were accordingly executed on Tower Hill August 22. confessing the Iustice both of their Iudgement and Execution as TRAYTORS and not justifying themselves by the Act of 11 H. 7. After this Archbishop Cranmer though at first he refused to subscribe K. Eds. will to dis-inherit Queen Mary alleging many reasons against it yet was committed Prisoner to the Tower indicted arraigned condemned of High Treason in November following for aiding the Earl of Northumb. with Horse and Men against Queen Mary And Queen Jane herself though Queen de facto meerly passive not active in this case never aspiring after the Crown being proclaimed Queen against her will with the Lord Guyldsord her husband were both indicted arraigned condemned of High Treason and accordingly executed as Traytors Feb. 12. 1 Mariae the one for usurpation of the royal Estate AS QVEEN OF ENGLAND the other as principal adherent to her in that case both of them confessing that BY THE LAW THEY WERE JUSTLY CONDEMNED After which the Duke of Suffolk her father and sundry others were condemned of High Treason executed upon the same account and that by the judgement of all the several Peers Nobles Judges Lawyers and Great Officers of Engl. though guilty of the same crime seconded with the Judgement of the whole Parl. of 1 Mar. c. 16. which confirmed their Attainders as JUST and LEGAL notwithstanding the Statute of 11 H. 7. c. 1. which extends only to indemnifie those Subjects who doe their true duty and service of allegiance to their King and Soveraign Lord which none certainly do who adhere and joyn with an apparent Usurper in possession against their lawfull undoubted King and Soveraign Lord as they here adjudged and the Parliaments of 1 4 and 14 of King Edward the 4th long before no Acts of Parliament whatsoever being able to secure Usurpers Titles though Kings de facto to themselves or their posterity or to save their own or their adherents Heads from the block or their estates from confiscation as the recited tragical Presidents and Judgements prove against the absurd opinions of many Grandees of the Law in great reputation who take all Sir Edward Cooks and others Dotages for Oracles and well deserve a part in Ignoramus for being ignorant of these late notorious Judgements and authorities against their erronious opinions wherewith they seduce their silly Clyents and young Students of the Law to their great peril for whose better information I have the larger insisted on this point to rectifie this dangerous capital mistake which may hazard both their lives estates and souls to boot And so much in answer to the objected Presidents of Edward and Richard the 2d to prove the Commons Right of Judicature in Parliaments c. As good an evidence as that grave Sir E. Cook produceth to prove this House of Commons who had no Journal Book till â— Ed. 6. to be a distinct Court of Iudicature because upon signification of the Kings pleasure to the Speaker they do and may prorogue or adjourn themselves and are not prorogued adjourned by the House of Lords By which reason he might prove every Committee of the Lords or Commons House to be a distinct Court because they may adjourn and prorogue themselves without the House and all Commissioners for examination of Witnesses Charitable uses the petty Sessions of Justices of Peace all Country Committees Archdeacons and other visitors all Auditors of Accounts Arbitrators Referrees c. to be Courts because they may all adjourn themselves from one day and place to another when as their presenting of their own Speakers in and the Kings calling them into the Lords House at the beginning and end of every Parliament or Session and at the passing of Bills and their dissolution in the Lords
E. 3. n. 1.10 R. 2.17 R. 2. n. 6.7 8 H. 4. n. 66 67. some of the valiantest wisest discreetest Spiritual and Temporal LORDS were by Petition of the Commons and special Order of the Lords in Parl. placed about these Kings to BE THEIR PRIVY COVNSELLORS to advise counsel them and manage all the Great affairs of the Realm under them so in this Parliament they exhibited this Petition to the like eâ—â—ect Primerement que plese a nostre dit Seigniour le Roy ordeigner et assigner en cest present Parlement les pluis vaillantz sages et discretes Seigniours espirituelx et temporelx de son roialme pur estre de son counseil en eid et supportation del bone et substancial gouvernance et la bien de Roy et de Roialme et que les ditz Seigniours de counseill et les Justices de Roi soient overtement jurez eny cest present parlement de eux bien et loialment en lour counseill et faitz acquiter pur le bien de Roy et de Royalm en toutz pointz saunz favour pur affection ou affinite faire a ascune manere de persone Et que plese nostre dit Seigniour le Roy en presence de toutz les Estates de parlement comander les ditz Seigniours et Justices sur lour foy et ligeance que lui devont qils feront pleyne justice et droit ouelment a chescuny sanz tarians si bonement come ils purront sanz ascun commandement on charge de queconque persone a contrarie Le Roy le voet was the answer which was answered See the like Petitions afterwards in 1 H. 6. n. 26.2 H. 6. n. 15 16.8 H. 6. n. 27 28.11 H. 6. n. 41. I shall conclude with these 2. memorable late presidents In the Parliament of 8 Eliz. upon the death of Thomas Williams Esquire Speaker of the Commons house Richard Onstoe Esquire the Quâ—ens Sollicitor first chosen a Member of the Commons house and after called by Writ to attend the Lordâ— House as an Assistant at the request of the Commons to the Queen and Lords was sent down again to the Commons house without any new election and there chosen and presented by them for their Speaker and allowed of by the Queen and Lords So in the Parliâ—ment of 23 Eliz. upon the Queens making John Bell Esq then Speaker chief Baron of the Exchequer Iohn Popham Esq then Queens Sollicitor called from the Commons house to the Lords as an Assistant by writ at the Commons request to the Queen and Lords was remitted to them again upon his old without any new election and thâ— chosen presented accepted for their Speaker Which 2. late presidents infallibly prove 1. That the King hath an absolute power over any Members of the Commons house upon a just occasion to call them thence by writ to be Assistants to the Lords house or else to create them Peers and call them to be Members of the Lords house as he did Sir Francis Seymore Mr. Arthur Capell and others created Lords the last long Parliament 2ly That the calling of any to the Lords house from the Commons by writ as Assistants only doth not totally disable them to be Members of the Commons house again the self-same or the next Parliament but that upon the Commons Petion and assent of the King and Lords they may be remanded to the Commons house and be Members and Speakers thereof again but not by the Commons votes or order but only by the Kings with the Lords assent who may refuse to remand them if they please A very pregnant argument chat the power of removing judging suspending approving readmitting Members of the Commons house upon Elections or Misdemeanors belongs not of right to the Commons house but to the King and House of Peers as I have formerly evidenced Admitâ—ing then that the Commons have de facto gained exercised this privilege of late years to judge suspend or eject their own Members in such cases without the King and House of Peers yet having most grosly abused it of late to the ruine subversion of Parliaments I must conclude with the Canonists Privilegium meretur amittere qui abutitur potestate Jer. 6.16 Thus saith the Lord Stand ye in the wayes and see and ask for the old pathes where is the good way and walk therein and ye shall find rest for your souls But they said We will not walk therein Prov. 24.21 22. My son fear 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 Jer. 21.3 4. c. 17.25 27. Thus saith the Lord Execute ye judgement and deliver the spoiled out of the hands of the Oppressor and do no wrong do no violence to the stranger the fatherless nor the widdow neither shed innocent bloud in this place For if ye do this thing indeed then shall there enter into the Gates of this House KINGS PRINCES sitting upon the Throne of David riding in chariots and on horses they and their PRINCES the men of Iudah and the inhabitants of Ierusalem and this City shall remain for ever But if you will not hearken unto me c. then will I kindle a fire in the gates thereof and it shall devour the PALACES of Ierusalem and it shall not be quenched FINIS An Omission in pag. 30 l. 7. RAnulph de Glanvil Chief Justice under King Henry the 2. In his Tractatus de Legibus et Consuetudinibus Regni Angliae written in the 33 year of his reign hath this memorable passage relating to the Parliamentary Councils in that age l. 2. c. 7. Est autem magna Assisa REGALE QVODDAM BENEFICIUM CLEMENTIA PRINCIPIS DE CONSILIO PROCERUM POPVLIS INDVLTUM to wit in a Parliamentary Council of the King and Lords without any Commons quo vitae hominum et status integritati tam salubriter consulitur ut in jure quod quis de libero soli tenemento possidet retinendo duellâ— casum declinare possunt homines ambiguum c. Ex aequitate autem maxiâ— prodita est LEGALIS ISTA INSTITUTIO Jus enim quod post multas longas dilationes vix evincitur per duellum per beneficium ISTIUS CONSTITUTIONIS commodius et acceleratius expeditur By which it is evident that the Grand Assize was no original Processe or Trial at the Common Law but a legal institution and beneficial constitution proceeding from the Grace of the Prince and indulged to the People BY THE COUNSEL OF THE LORDS assembled together in a Parliamentary Council which Lib. 2. c. 9. Glanvil stiles Recordum per Assisam DE CONSILIO REGNI inde factum for the speedier and better recovery of their freeholds without endangering their lives by a Duel to recover them which was fuller of delays but less certain and more unjust than a recovery by verdict in this new
Mat. Westm An. 1244. p. 180 181. * Mat. Paris p. 638 639. Mat. Westm An. 1245. * Mat. Paris p. 646 647 648. Mat. West An. 1245. †Ypodigmae Neustriae p. 60. * Mat. Westm p. 191. * Mat. Paris p. 674 675 677 678 679 680. Mat. Westm An. 1246. p. 206 207. c. * Mat. Westm p. 207 * Mat. Paris p. 679. * Mat. Westm An. 1146. p. 208. * Mat. Paris p. 687. * Mat. Paris p. 694. * Mat. Paris p. 697 698 706 707. Mat. Westm p. 220 221 223. * Mat. Westm p. 222. * Mat. Westm p. 326. * Walsingham Hist Angl. p. 48. to 56. Ypodig Neustriae p. 88. to 95. Mat. Westm p. 435 436. * 2 Institutes p. 98. Nota. * Mat. Westm p. 463 464. * Tho. Walsingham Hist Angl. p. 76. * Walsingham Hist Angl. p. 74 75 c. * See an Exact Abridgement of the Records in the Tower p. 64 65.120 121 122. * Which some have disclaimed by unPeering themselves * Stiled Magna Farta by some Grandees * See my New Discovery of Free-State Tyranny * See the Whitehall Ordinance for Excise March 17. 1653. others since * My first part of a Legal Vindication c. of the Fundamental Laws of England p. 67. to 72. My Protestation against Excise * See my speech in Parliament and Epistle to my Legal Vindication c. †Mat. Westm p. 409. Walsingham Ypodigmae Neustriae p. 83 84. * Anno 1265. p. 339. 4 (o) See Mr. Seldens Titles of Honour Part. 2. chap. 5. and Coke 4 Instit p. 1. * 11 H. 4.13 Cook 6 Report f. 52 53. (p) Coke 4 Inst p. 3. * As both Houses resolve in their Declaration of August 1642. Exact Collection p. 492. * Modus tenendi Parliament Vowel Coxe 4. Inst c. 1. * 12 R. 2. c. 12.23 H. 6. c. 12.23 H. 6 c. 11.9 H. 6. c. 16.31 H. 8. c. 11.50 E. 3. m. 209. 1 R. 2. n. 137. †Mr. Seldens Titles of Honour part 2. ch 5. p. 732. to 736. †Exact collection p. 320 321 322. Object Answer * Cook 4 Instit p. 16. Seldens Titles of Honour p. 736 737 715 716.747.721.722 724 725. * Seldens Titles of Honour part 2. c. 5. p. 663 665.747 748 751 757 563. †Claus 7 R. 2. mem 32. dorso Seldens Titles of Honor p. 737. Cook 4 Instit p. 47. * Exact Collection p. 723 724. * Exact Collection p. 654.655 †Stat. of Maâ—lbridge 52 H. 2. Prologue 33 H. 8. c. 1. * Cokes 4. Institutes p. 45. * Cokes 4 Instit p. 4 5.44 45. * Fol. 9. b. 16. b. * Plowden f. 333 334 501 Dyer 348. a. 21 E. 4.46 48.57.43 Aff. 15. Coke 1 Report f. 48.52.3 Rep. f. 73 74. 8 Rep. f. 55.167 Ashes Table Grant le Roy 46. * Titles of Honour lib. 2. p. 663 665 747 748 751 757 763. * 1 Inst f. 16.8 †Ro. Paâ— 26. E. 3. part 1. m. 21. See Rot. Claus in dors 11. E. 3. part 2. m. 11. Religious qui teignunt per Barony sont tenus de Venier au Parliament Vid. ibid. 13 E. 3. part 2. m. 8. 1. * Modus tenendi Parl. c. 2. * Dors Claus 27 H. 8. m. 24. Seldens Titles of Honour p. 541. (p) Pat. 5. H. 8. part 2. m. 12 Seldens Title of Honour p. 750 751. Sir Edward Cook 4 Inst p. 45. * See Cooks 4 Inst p. 45. Abbot Banhams case * Titles of Honour 730 731 732 733. * Pat. 26 E. 3. part 2. m. 22. Seldens Titles of Honour p. 734 735. †Selden ib. p. 727. * Titles of Honour p. 727. * Claus 49 H. 3. m. 10 dors in Schedula Seldens Titles of Honour p. 723 724. (1) Titles of Honour p. 720. to 736. (2) Claus 18 E. 2. m. 5. Seldens Titles of Honor p. 721.726 (3) Titles of Honour p. 720. (4) See an Exact Abridgment of the Records in the Tower and my first Table thereunto * And John de Leyburn â—m 14.17 18. E. 3. * Chron. Joh. Bromton col 1108. Mat. Paris p. 431 826. Hen. de Knyghton de Eventibus Angl. l. 3. c. 2. Walsingham Hist Angl. p. 17 18 19. to 23.25.32 33.42.49 to 56. * Ypodigmae Neustriae p. 101. * Walsingham Hist Angl. p. 86. (1) Claus 5 E. 2. m. 27. dorso (2) Claus 5. E. 2. m. 26. dorso (a) 7 H. 6.16 m. 19 H. 6.63 64 30 H. 6.26 a. 33 H. 6.18 a. 21 H. 7.1 Br. Parliament 28. 14 H. 8.9 b. Dyer f. 60. St. Germin l. 1. c. 26. Plowden f. 126.388 389. 398. Cook 8 Rep. f. 120.9 Report in the Epistle 1 Institute f. 109 110.4 Instit c. 1. Cromptons Jurisdiction of Courts f. 1 2. Ashes Tables Parliament sect 15. Cowels Interpreter Minshawes Dictionary tit Parliament Sir Thomas Smith De Republica Angl. l. 2. c. 1 2. Vowel Cambdens Britannia Justice Doderidge Mr. Tate Mr. Agar (b) My Historical Collection of the antient Parliaments of England And 2. 3. Part of my Legal Vindication and Historical Collection of the Fundamental Laws of England (c) Chron. vol. 3. p. 38. (d) Hist of Great Britain p. 438. (e) Hist Novor l. 5. p. 117. (f) Annal. pars prior p. 473 (g) Mat. Par. Anno 1114. p. 63. Mat. Westm p. 28. (h) De Gest Reg. Angl. col 237. (i) Col. 1005. * Mat. Paris Anno 1115. p. 62. Hen. Huntindon Hist l. 7. p. 380. Antiq Eccles Brit. p. 112 113. Radulph de Diceto Anno 1115. col 502 504. Gervasius Actus Pontif. Cantuar. col 1661. Thomas Stubs Actus Pontif. Eboracensium col 1714. Henry de Knighton de Event Angl. l. 2. c. 8. col 2379. Will. Malmsbury de Gestis Pontif l. 1. p. 232. * Eadmerus l 5. p. 125 126. (k) Mat. Paris p. 53 54. Eadmerus Hist Novor l. 3. Chron. Johan Bromton col 1201 1202. Malmsbury de Gest Regum l. 5. p. 156. See Holinshed Speed Daniel (l) Simeon Dunelmensis col 226. Chronicon Johannis Bromton col 998. Hovedeâ— annal pars 1. p. 408. (m) Eadmerus Hist Novorum l. 3. page 56 57 58. (n) Eadmerus l. 3. p. 58 59. Will. Malmsburiensis de Gestis Pontif. l. 1. p. 124 125. (o) Mat. Paris p. 55. Chronicon Johan Bromton col 998. (p) Matth. Westm Mat. Paris Hoveden Huntindon Simeon Dunelmensis Chronicon Johan Bromton an 1101. Henry de Knyghton de Eventib. Angl. l. 2. c. 8. (q) Eadmerus Hist Novorum l. 3. p. 61 62. Malmsburien de Gestis Pontif. l. 1. p. 225. (r) Eadmerus l. 3. p. 66. (Å¿) Eadmerus l. 3. p. 67. Wiâ—l Malmsbury de Gestis Pontif. Angl. l. 1. p. 228. Hoveden An. 1. p. 469. Mat. Par. p. 56. Matthew Westm p. 23. Simeon Dunelm Hist col 227 228. Abbrev. Chron. col 499. Chron. Johan Bromton col 1000. Antiquitates Eccles Brit. p. 104 106. Seldens Titles of Honour p. 763. (t) Eadmerus Hist Nov. l. 3. p. 69 70. Wil. Malmsbury de Gestâ—s Pontif l. 1. p. 226. Antiq. Eccles Bâ—it p.
this King who as some erroniously assert first summoned Knights Citizens and Burgesses to our Parliaments In the Parliamentary Councel at Clarindon under King H. the 2. An. 1164. Jo. de Oxonia by the Kings command there present sate President Presentibus etiam Archiepâ—scopis Episcopis Abbatibus Prioribus Comitibus Baronibus et Proceribus regni wherein they made a Recognition of the customs and liberties of his Grandfather King Henry the 1. and other his Ancestors which ought to be observed by all persons within the Realm by reason of the discords often happening between the Clergy and temporal Justices and great men of the Realm These they reduced to 16 Articles very much ecclipsing the Popes and Bishops ecclesiastical Jurisdiction This Recognition the Archbishops Bâ—shops Abbots Priors Clergy cum Comitibus Proceribus et Baronibus cunctis una voce firmly promised in the word of truth bona fide to observe and keep to the King and his heirs for ever without male engin The 11 of these Articles runs thus Archiepiscopi et Episcopi sicut caeteri Barones debent interesse Iudiciis Curiae to wit of Parliament cum Baronibus quousque perveniatur in judicio ad dâ—minutioneÌ„ membrorum vel ad mortem Which proves the judicial power of Parliaments to be then only in the Lords and Barons In the year 1170. the 16 of Henry â— on the Feast of St. Bernard Rex magnum celebravit Concilium Londoniis cum Principibus et Magnatibus curiae suae de coronatione Henrici filii sui So Hoveden Anno 1172. Rex Angliae Henricus convocatis regui Primoribus apud Northamptoniam renoveâ—unt Assisâ—m Clarindoniae eamque praecepit observari In the year 1175. King Henry the second and his son held a great Council at York where the agreement between him and the King of Scots there present with most of his Bishops Abbots and Nobles was read and confirmed before the King and his Son the Arehbishop of York the Bishop of Durham Comitibus Baronibus Angliae The sâ—me year Rex magnum congregavit coneslium â—pud Windeshores in octavis Sancti Michaelis praesentibus Rege filio Richardo Cant. Archiepiscopo Episcopis Angliae Laurentâ—o Dubliâ—ensi Archiepiscopo Praesentibus eâ—iâ—m Comitibus et Baronibus Angliae In which some controversies in Ireland were ceâ—cided In the year 1176. King Henry coming to Noâ—ingham on the feast of Sr. Pauls conversion ibi celebravit Magnum Concilium de statute regni sui et coram rege filio suâ— Archiepiscopis Episcopis Comitibus et Baronibus Regnâ— sui Communi omnium Concilio divisit regnum suum in sex partes per quarum singuâ—aâ— tres Justiciarios itinerantes constituit whose names Commissions and Articles are there at large recorded And the same year this King held another Great Council at London in which the King Consilio universorum Episcoporum Comitum et Baronum Regni concessit Regi Siciliae filiam suam In the year 1177. King Henry the 2. summoned a Great Councâ—l to determin the great Controversy between Sanctius King of Navarr and Alphonsus King of Castile whose Advocates propounding and debating their cases in the presence of the King and of his Bishops Earls and Barons the King habito cum Episcopis Comitibus et Baronibus nostris cum deiiberatione consilio drew up by their advice an award between them under his great Seal recorded at large in Hoveden who writes Comites et Barones Regalis Curiae Angliae adjudicaverunt plenariam utrique parti supradictae quae in jure petita fuerâ—nt fieri restitutionem The like they did in the Council of Northampton in other cases held the same year Anno 1188. King Henry the 2. on the 3d of February held a Parliamentary Council at Gaintington about 8 or 10. miles from Northampton where convenerunt unà cum Rege PRAESULES ET PRINCIPES REGNI de defensione sacrosanctae terrae Jerosolymae tractaturi where after long debate they made 8. Statutes concerning that voyage The very same year the Kings of England and France on the 10. of February came to a conference about their Voyage to Jerusalem cum Archiepiscopis Comitibus et Baronibus Regnorum suorum as they had formerly done in the same manner and place An. 1173. and as they did afterwards An. 1189. Cum Archiepiscopis Episcopis et Baronibus suis So as during King Henry the seconds whole reign we read of no Knights Citizens and Burgesses electcted by the people present in our Parliamentary Councils but only the King Prelates Earls Barons and Nobles alwaies mentioned by name and Judges in them Only I find this one expression in Hoveden An. 1188. Rex statim apud Gaintington congregavit Magnum Concilium Episcoporum Abbatum Comitum et Baronum et aliorum multorum tam Clericorum quam Laicorum but that these were Knights Citizens and Burgesses elected by the people and not persons particularly summoned and nominated by the King himself to be Assessors Collectors of the Tenths there to receive their instructions for it which is most probable cannot be thence inferred ubi in publica audientia recitari fecit omnia supradicta capitula quae constituerat de Cruce capienda et tunc Dominus Rex misit servientes suos Clericos Laicos per singulos Comitatus Angliae ad Decim as colligendas most likely the aliorum muliorum tam Clericorum quam Laicorum present at this great Council secundum praedictam Ordinationem in terris suis transmarinis constitutam to wit at Cenomanum ubi consilio suorum to wit of the Archbishops Bishops Earls and Barons there with him ordinavit quod unusquisque decimam redditorum et mobilium suorum in eleemo sinam dabit ad subventionem terrae Jerosolymitanae hoc anno exceptis armis equis vestibus militum c. Sed de singulis urbibus totius Angliae fecit elegi omnes ditiores videlicet de Londonio 200 de Eboraco 100 de aliis Urbibus secundum quantitatem numerum eorum fecit omnes sibi praesentari diebus locis statutis de quibus caepit Decimam mobilium suorum secundum aestimationem virorum fidelium qui noverant redditus et mobilia eorum Si quos autem invenisset rebelles statim fecit eos in carcerari et in vinculis teneri donec ultimum quadrantem persolverent similiter fecit de Judaeis terrae suae unde inaestimabilem sibi acquisivit pecuniam Andrew Horn in his Mirrour of Justices in the reign of King Edward the first writes That our Saxon Kings divided the Realm of England after it was turned into an heritage into 38 Counties over which they set so many Counts or Earls and although the King ought to have no Peers in his land yet for that if the King should do wrong to or offend any of his people neither he nor any of his Commissaries ought to
59. The same year Majores natu Angliae et Magnates terrae congregavit Londonii by whose advice hâ— maried Mawde daughter of the King of Scots right heir to the crown of the Saxon line and anointed and crowned her Queen there being a great debate whether she might lawfully marry having worn a veil â—n a Monasteâ—y whiles she was young which was resolved in a Council at Lambeth where Episcopi Abbates Nobiles quique ac religiosi ordinis viri were aâ—embled â—o deâ—cide iâ— who upon debate resolved she might lawfully marry as Eadmerus records at large The next year Anno 1001. Duke Robert returning from the holy Land and laying claim to the Crown of England as right heir and eldest Brother thereupon King Henry PRINCIPES suspectos habentes ne à se instabili ut sit fide dissilirent and they suspecting him ne undique pace potitu in se legibus efferatis desaeviret actum ex consulto est ut certitudo talis exinde fieret quae utrinque quod verebatur excluderet Sed ubi ad sponsionem fidei ventum est TOTA REGNI NOBILITAS assembled in a Parliamentary Council cum populi numerositate who depended on their advice Anselmum inter se regem medium fecerunt quanta ei vice sui manu in manum porrecta promitteret Iustis et Sanctis Legibus se totum regnum quoâ—d viveret in cunctis administraturum After which when as upon the report of Duke Roberts arival Statim MAJORES REGNI quasi suae sponsionis immemores ad illum relicto Rege semet transferre parabant Whereupon Anselm AD UNATIS PRINCIPIBUS CUNCTIS shewed to them and after that to the whole multitude of the Army who came about them quam execrabiles Deo et omni bono homini forem qui fidem quam Principi suo debebant quoquo modo â—iolarent Whereupon cuncti ilico spretâ vita non sequius eligerent morte procumbere quam violata fide sua Regem seducere After which PRINCIPES utrinque fratrum non ferentes dissidium colloquium inierunt pio circumspâ—cto consilio MVTUUM ET GENERALE and by the Mediation of the NOBLES on both sides an accord was made between the King and his Brother Robert propter manifestum jus quod habuit ad regnum possidendum that Robert should receive 3000 marks yearly from England and that the longest liver of them should be heir to the other if he died without issue male Hoc autem PER 12 MAGNATES juratum fuit utrinque Anno 1202. there fell out a difference between the King and Anselm touching investitures of Bishops Anselm refusing to consecrate any Bishop Abbot or Clerk who received investitures from the King or the hand of any Layman being against the Decree of the General Council of Rome whereupon the King sent for him to his Court where this business was at large debated EPISCOPIS REGNI PROCERIBUS QUE verba hinc inde ferentibus in singulis Regiae voluntati parere certantibus imo ne Romanae Pontificis obedientiae subderetur summopere â—insistentibus Not long after the King by other Letters summons Anselm to appear at Winchester to compose this difference Ubi EPISCOPIS TERRAE QUE PRINCIPIBVS sub uno coactis COMMUNI ASSENSU apud Anselmum actum est Nuncii prioribus excellentiores ex utraque parte Romam mitterentur Romano Pontifici viva voce exposituri illum aut à sententia decessurum aut Anselmo cum suis extra Angliam pulso totius regni subjectionem et commodum quod inâ—e singulis annis habere solebat perditurum Which being accordingly pursued and faventibus simul et incitantibus Regem Episcopis regnique Proceribus he commanded Anselm to promise to doe him homage and consecrated all those to whom he had given investitures without retractation The same year 1102. Celebâ—atum est generale Concilium Episcoporum et Abbatum totius Regni at St. Peters Church on the West side of Loâ—don rege annuente huic conventui affuerunt Anselmo Archiepiscopo petente a Rege Primates Regni quatenus qui qu dâ—ejusdem Concilii authoritate â—ecernectur utriusque ordinis concordi cura et sollicitudine ratum servaretur Sic enim necesse erat c. In which Council there were many Laws and Canons made for regulating the Church Monks and Clergy communi consensu Episcoporum et Abbatum et Principum totius Regni Principes Regni omnes tam Ecclesiastici quam secularis ordinis being present at it as the marginal Authors attest but no Commons Knights or Burgesses Not long after the same year Anselm peremptorily refusing to consecrate those Bishops whom the King invested with a pastoral Staff and Ring and some of them resigning them as unlawfull and publikely refusing to be consecrated by such an investiture from the king to his great dishonour and prejudice of his royal right and prerogative the king thereupon repaired to Canterbury where Anselm and he had a sharp contest At last he requested An elm to goe in person to Rome to procure the Pope to reverse his decree against investitures ne ipse perdendo suorum jura Antecessorum eis vilior fiat who desired that this businesse might be deferred till Easter ut audito Episcoporum Regnique Primatum Consilio qui modo non assunt respondeam hinc Which being granted Anselmus in Pascha Curiam venit regni ingenuitatem de negotio praesens consuluit COMMUNIS CONCILII Vocem unam accepit so Eadmerus Convenitur a Rege EPISCOPIS ET MAGNATIBUS so Malmesbury relates it ut ipse Romam dignatur proficisci quod alii minus egerant sua praesentia suppleturus who thereupon consented to goe NE CUCTORUM VOLUNTATI DEESSET Mat. Paris Matthew Westminster and others write that he was then banished out of England for his obstinacy Regis injusto judicio and all his temporalties seised which Eadmerus and others write was not done nor executed till after the Popes Decree against the Right of investitures passed against the King and Anselms departure from Rome towards England when the King prohibited him to return into England unless he would submit to doe him homage and consecrate Bishops by his investiture as all our Historians accord Anno 1106. Duke Robert coming to his Brother King Henry the 1. into England to Northampton to deâ—ire him to restore his Brotherly affection to him whereof he had deprived him but could not obtain it Rex itaque Henricus sentiens conscientiam suam in obtentu regni cauteriatam erat quippe eleganter literatus utpote a primaeva aetate praecepto patris addictus literis jam in jure quod audierat secreto expeditus coepit in semetipso impetus insurgentium formidare Dei judicium in ipsum fulminare eo quod fratri suo primogenito cui jus regni manifeste competebat temere usurpando injuste nimis abstulerat Sed plus timens