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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
parliament_n	duke_n	lord_n	york_n	2,824	5	9.5352	5	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A44191	Lord Hollis, his remains being a second letter to a friend, concerning the judicature of the bishops in Parliament, in the vindication of what he wrote in his first : and in answer to ... The rights of the bishops to judge in capital cases in Parliament, cleared, &c. : it contains likewise part of his intended answer to a second tractate, entituled, The grand question touching the bishops right to vote in Parliament, stated and argued : to which are added Considerations, in answer to the learned author of The grand question, &c., by another hand : and reflections upon some passages in Mr. Hunt's Argument upon that subject, &c., by a third.; Second letter to a friend concerning the judicature of the bishops in Parliament	Holles, Denzil Holles, Baron, 1599-1680.; Holles, Denzil Holles, Baron, 1599-1680. Letter of a gentleman to his friend.; Atwood, William, d. 1705? Reflections upon Antidotum Britannicum.	1682 (1682)	Wing H2466; ESTC R17318	217,539	444

concerning Breakers of Truce and a Proviso in it That this Act shall not extend to any Act or Ordinance made 2 H. 5. late indeed and not of right King of England But still he is acknowledged King of England de facto which goes a great way to authorize any thing done under their power Therefore 11 H. 7. c. 1. A Law is provided to indemnifie all persons that shall do service to the King in being whether he have right or no. As for what is said of the Bishops making their Common Proxy at the prayer of the House of Commons That their Proceedings might be valid and not questioned in future Parliaments by reason of their absence and that divers Judgements had been reversed because they were not present It is true it is so expressed in the Roll of that void Parliament which as it hath no authority nor validity in it self so it is very strange that if there had been ground for this apprehension there should remain nothing upon Record in all the Rolls of Parliament that ever any Judgement or any other act done in any Parliament had been so repealed We know it was once attempted 2 H. 5. by Thomas Montacute Earl of Salisbury as I told you in my former Letter who brought his Writ of Error to reverse the Judgement given against his Father 2 H. 4. because the Bishops as he alledges there being Peers of Parliament were not parties to that Judgement but it was declared to be no Error and his Petition was rejected And we know that in Edward the First 's time there was a Parliament held at St. Edmonds-bury Clero excluso not a Prelate admitted to it And in Henry the Eighth's time all the Judges of England declared it for Law That the King might hold a Parliament with his Lords Temporal and Commons altogether without the Lords Spiritual Tout sans les Spirituels Seigneurs it is in Keilwayes Reports in Dr. Standish's Case Therefore there is no reason to think that any Judgements were repealed upon the Bishops being absent seeing their presence is not of necessity for the constituting and sitting of a Parliament And especially not for the Judgements which we treat of in Capital Cases because by what appears upon Record and by all the Laws Canon Common and Statute Law they never were present I always except that Unparliamentary Extravagant Proceeding and Judgement of Henry the Sixth in the twenty eighth of his Reign upon William de la Pool Our Asserter tells us of some Judgements reversed 15 E. 2. particularly in the Case of the Spencers but he doth not tell us where he finds it nor I believe doth he know himself having only taken it up some where upon trust as he doth other things But in this 21 R. 2. upon the Petition of the Earl of Gloucester it appears by the Record of the proceedings against the two Spencers Father and Son in that 15 E. 2. which are there repeated at large that there was nothing Capital in their Case neither in the Charge nor in the Judgement so as this signifies nothing to the matter in question which is all can be said to it And as little shall I say to his witty allusion of bringing me to a sight of my self as Alexander did his Horse to the Sun that he might not kick only this I might say if I were as foul-mouthed as he that indeed such a scoffing injurious Scribbler were fitter to be answered with a kick than with fair reasoning by way of Argument Next we come to the 1 H. 4. Sir William Rickhill's Case where I think I should do well only to transcribe what he hath written to shew it needs no answer but that I should waste too much Ink and Paper I represented in my Letter to you that Rickill being sent for into Parliament no formal charge being against him to give an account only by what order he had taken the Duke of Gloucester's Confession at Calais which he did the Bishops present but when they came to consider what was to be done upon it then only the Lords Temporal were asked their opinion which I alledge to shew that the Bishops there were not advised with because it might be preparatory to a further proceeding by way of Tryal And this our Asserter says is to serve an Hypothesis and learnedly gives it us in Greek and bids the Reader judge and so do I. Then for the Tryal of Hall who was one of the murtherers of the Duke of Gloucester he hath the condescension to acknowledge it probable that the Bishops were not there but then saith that they left it to the Temporal Lords without any Impeachment to their right it being secured before by the security of a confessed Act of Parliament 11 R. 2. it is their Protestation he harps at And if I had as much Greek as he I would say it in Greek that he now doth serve an Hypothesis or in good English beg the Question for that is his meaning of serving an Hypothesis for the Right which the Bishops there saved he will have to be and hath forty times repeated it to judge Capitally when they please but I have clearly shewed it was not of their assisting in those Judgements as he still will have it to be but other Judgements and proceedings in Parliament where in truth they had a right to assist Then follows the Case of William Sautre 2 H. 4. where he is pleased to give me a wipe for stiling him the Protomartyr of England and out of his great reading informs that St. Alban lived some hundreds of years before him but he must give me leave to inform him that the common acceptation of Martyrs amongst us Protestants now is of such Orthodox persons as have suffered for the truth whom the Papists have put to death for Hereticks and this man was the first of them in England He hath some other notable Remarks one is that whereas I said that the Bishops and Clergy of those times were the chief Promoters of bringing him to his end which I meant of their declaring him an Heretick and then turning him over to the Secular Power he observes upon it That then they acted in a Capital Case which he saith makes against me And that if it was the Lords Temporal who signed the Warrant for his execution that the Bishops had no hand in it and so have escaped my lash but who were his Judges nondum constat I am sure it doth not constare to me to what purpose he saith all this which I do not find to make either for him or against me No more than what he saith of the Case of the Earls of Kent Huntington and Salisbury 2 H. 4. who he grants were declared and adjudged Traytors by the Temporal Lords and no Bishops present and then saith he will give a Parallel Case it is of the Earl of Cambridge and the Lord Scroope 3 H. 5. where the Bishops were present and

tumultuary way without any formal Tryal the business being brought into Parliament were by the Temporal Lords in a Judicial way of proceeding adjudged to be Traytors and their fact to be Treason But then he adds that I likewise make the Case of the Earl of Cambridge 3 H. 5. like to these which is not true being of a clean different nature an Act of Parliament which had its rise from a request of the House of Commons who brought it up to the Lords here I say the Bishops were and might be present That which he saith to the Case of Sir John Oldcastle 5 H. 5. is so threadbare with rubbing it over and over again and hath been so often said and so often answered as that it would too much trespass upon your patience Sir to trouble you with any one word of it more I think I have made it exceeding clear where under the general term of Lords of Parliament Bishops may be understood to be comprehended and where not Those particular Cases which he now brings to prove his Assertion are point blank against him that is the Case of Mautravers 4 E. 3. and of Gomenitz and Weston 1 R. 2. in that of Gomenitz many particular Lords are named several Earls and Barons and then a general clause Et plusieurs autres Seigneurs Barons Bannerettes Is it possible to think that Bishops come in that fag end Indeed I do observe one thing in this Case of Sautre which is not in any of the other I cannot say that I lay any great stress upon it yet something it is that the Record expresses that the Bishops had done with him declaring him a Heretick and then Relinquentes eum ex nunc Iudicio seculari Leaving him from henceforward to the Secular Judgement as if they should say They would have no more to do with him And as convincingly he argues in the Case of Sir John Mortimer 2 H. 6. He confesses with me that the Indictment found against him at the Guild hall was brought into Parliament before the Duke of Gloucester and the Lords Temporal Fuit liberatum It was there delivered to them and then he cites a Record as he makes it De advisamento dictorum Dominorum auctoritate istius Parliamenti ordinatum est statutum quod ipse usque ad Turrim ducatur By the advice of the said Lords it was ordained and enacted by authority of the said Parliament and by the advice of the said Lords Temporal that he should be led to the Tower These are his words and how he hath mangled and falsely rendred and expounded the Record you will judge by the words of the Record it self which I will here faithfully set down It is this Numb 18. Memorand quod 26. die Februarii anno praesenti de advisamento Dominorum Temporalium ac ad Supplicationem Communitatis Regni Angliae in praesenti Parliamento existentiam redditum fuit quoddam Iudicium versus Iohan. de Mortimer de Bishops Natfield in Comitatu Nertford Chevalier cujus quidem Iudicii recordum patet in Schedula per Iohannem Hals unum Iusticiariorum Domini Regis de banco edita praesenti Rotulo consuta Memor That the 26th of February of this present year by the advice of the Lords Temporal and at the Petition of the Commons in this present Parliament a certain Judgement was given upon Sir John Mortimer of Bishops-Hatfield in the County of Hertford Knight the Record of which Judgement appears in a Schedule drawn by John Hals one of the Justices of the Kings-bench and fastened to this Roll. Then follows the Schedule it self where is set down what past at Guild-hall upon the sinding of the Indictment and how that Indictment was brought into the Parliament Coram duce Bedfordiae ac aliis Dominis Temporalibus Before the Duke of Bedford and the other Lords Temporal and how Sir John Mortimer was brought before them by the Lieutenant of the Tower and how the Commons desired the Indictment might be affirmed and that Judgement might be given upon him Then follows Super hoc viso plenius intellecto Indictamento per dictum Ducem de advisamento dictorum Dominorum Temporalium ac ad requisitionem totius Communitatis authoritate istius Parliamenti ordinatum est statutum quod Indictamentum affirmetur praedictus Iohannes Mortimer de proditionibus praedictis sit convictus ad Turrim ducatur usque ad furcas de Tyburn trahatur super eas suspendatur c. Hereupon the Indictment being viewed and well understood it was by the foresaid Duke by the advice of the said Lords Temporal and at the request of all the Commons ordained and decreed that the Indictment should be affirmed and the foresaid John Mortimer stand convicted of his foresaid Treasons should be carried to the Tower then drawn to the Gallows at Tyburn and there hanged c. This was a Judgement of the House of Peers in their Judicial capacity upon an Impeachment and at the pursuit of the House of Commons who prosecuted and pressed the evidence before the Lords the words of the Record are Tota Communitas praefatum Indictamentum illud in omnibus fuxta vim formam effectum efusoem pro vero fideli Indictamento affirmat ac praefatis Duci ac aliis Dominis Temporalibus supplicat eadem Communitas quatenus iidem Dux Domini Indictamentum praedictum pro vero fideli Indictamento affirmare vellent quod executio dicti Iohannis Mortimer ut de proditionibus feloniis convicti fiat The whole House of Commons do affirm the foresaid Indictment to be in all points for the force form and effect thereof a true and legal Indictment and that execution of the said John Mortimer as of one convicted of the said Treasons and Felonies may follow This you see was a formal Tryal in all points and a Judgement upon it and so it is entred upon the Roll such a day 26 Februarii de advisamento Dominorum Temporalium ad Supplicationem Communitatis redditum fuit quoddam Iudicium versus Iohannem de Mortimer c. And our Asserter here tells us a tale of a Tub that the matter should be decreed after by Authority of Parliament of which the Bishops are an essential part and therefore were present which is an excellent Chimae●…a as if the Advisamentum Dominorum Temporalium Authoritas Parliamenti were two distinct things and the work of several persons some actors in the one who were not so in the other and that the advice of the Lords Temporal had produced some other things which had a greater authority and that the Bishops had joyned in that which shews his ignorance in the course of Parliaments for the Judgement which is given Judicially in the House of Lords hath upon it the stamp and the authority of the whole Parliament and that Advisamentum of the Lords Temporal here was the Judgement as is the advice and assent of the Lords Spiritual

and Temporal and of the Commons in Parliament in the passing of an Act of Parliament for when a thing is said to be enacted by the King with the advice and assent of the two Houses that advice and assent of the two Houses is their passing and enacting of it as to their part in it For any thing that is done in either House if the King be mentioned in it is said still to be done by him with the Advice and Consent of that House so in a Judgement judicially given by the House of Peers where anciently the King was often present when they acted judicially it is said to be given by the King by the advice of his Lords and here the Duke of Gloucester represented the Kings Person and held the Parliament by Special Commission so the Judgement is said to be given by him by the advice of the Lords Temporal And so the Lords 28H 6. when the King of himself gave the Judgement upon the Duke of Suffolk the Lords protested against it because it proceeded not by their advice and counsel For that is it which gives the form and being to the Judgement and stamps upon it the Authority of the Parliament Then he comes to a Precedent without debate as he calls it which is that of 28H 6. the Duke of Suffolk's case and confessed so by me as he saith but not truly For I do not allow it to be a just and legal precedent I do acknowledge that the Bishops were present all along the whole transaction of that business but as I said in my first Letter to you so I must and do say in this there was in it from the beginning to the end nothing regular nor according to the usage and practice of Parliaments Then it cannot be said to be a Precedent no more than a Monster that hath no shape nor limb of a true Child can be said to be a Child As for the particular deformities of this Monster for so I may term it they are already so fully deciphered in my former Letter as I will not now trouble you with them again So it shall pass at this time as he will have it for a Precedent without debate for it shall not be any further debated Only I must say still it is but a single Precedent and of what force that is or can be when the constant course and practice of Parliaments hath been to the contrary I leave it to you to judge One single Precedent against all other Parliaments is an unequal match one would think I have heard of a great conquering Prince that gave it for his Motto Souls contra omnes but I have not heard it said so of a Parliament Solum contra omnia The authority of any one Parliament I know to be very great yet it is a known Maxime in the Law Parliament poit errer A Parliament may err and another Parliament may mend what one doth amiss Parliament-men are men and may and do sometimes mistake as well as other men it is possible they did so 28H 6. and more than probable they did so because no other Parliament before nor since did ever do the like And for his Recapitulation of all the fore-mentioned Records in all twenty seven which he makes to prove that this was not a single Precedent as I affirm it to be all the rest as he saith concurring with it to admit Bishops to be Judges in Capital Cases I will only say Sit liber Iudex resort to the Records themselves and to what is already said in my former Letter and this and then judge if he saith true Then he hath a fling at me for what I say upon the Case of Nicholas de Segrave 33 E. 1. where he must give me leave to say with truth what he saith falsly of me upon several occasions which is this That he hath not set down things Faithfully and Ingenuously He saith Segrave came into full Parliament into the presence of the King the Arch-bishop of Canterbury and several Bishops Earls and Barons acknowledged his offence and submitted to the Kings pleasure Upon this he observes That here was no Iudicatory of Parliament and then adds that the King pardoned him De advisamento Comitum Baronum Magnatum aliorum By the advice of the Earls Barons Nobles and others You shall see now how faithful and ingenuous a dealer our Asserter is but certainly he takes all upon trust and takes not the pains to see any thing himself First I do acknowledge it was no formal Tryal for there was no impeachment nor Indictment against him but I must say it was Tantamount for he comes in upon Summons into the Parliament then sitting where the Prelates were among the rest of the Members of the House and how long they continued there it appears not by the Record but he being come Nicholas de Warwick the Kings Councel charged him and pressed matters against him And then the King as the Record saith willing to have the advice of the Earls Barons Nobles and others of his Counsel enjoyned them upon the Homage Fidelity and Allegiance which they owed him to give him faithful Counsel what punishment was fit to be inflicted upon such a fact so confessed Who all of them upon a serious debate and advising upon the matter and well weighing all the particulars of it and what was by the said Nicholas plainly and expressly acknowledged do say That such a man deserved to lose his life But afterwards the Record saith Dominus Rer tamen de gratia sua speciali pietate motus malens vitam quam mortem eorum qui se voluntati suae submittunt remittit eidem Nicholao Iudicium vitae membrorum But the King moved by his special grace and piety desiring rather the life than the death of those that submit to his will did remit unto the said Nicholas the Judgement of loss of Life or Member Here you see the King advised not with his Prelates but with the Earls Barons and other Nobles and what did they advise Not to pardon him as our Asserter will have it but they say he deserved death and then the King of himself would not have it go to that extremity Now whether this Judgement would have been final if they had pronounced sentence and adjudged him to death as they only said such a man deserved death or whether this was only to be preparatory to a Tryal and to proceed afterwards upon a formal Impeachment I confess it is not clear to me nor is it greatly material to our purpose only it shews the Bishops were to give no advice in it one way or other and it is rather stronger to prove they are not to meddle in such matters if it was but preparatory For it shews that in those Capital Cases they must have nothing to do with them to determine and judge any thing concerning them from one end to the other ab ovo usque ad mala as the

when they might have been others that they were present when by his own Rules they should have been excluded either therefore the general words where they are not mentioned do not enforce their Absence or that they oughtto have been excluded at some other Trials where the Author of the Letter admits they were or might have been present The chief Case he instanceth in is that of Michael de la Pool Chancellour of England who was accused of many Misdemeanours by the House of Commons and as I think he would infer such as Thorp Chief Justice was found guilty of being Capital where the Author of the Letter saith the Bishops were not present yet allows them to have been present in the Case of this Chancellour a parallel Case as he saith with that of Thorp either therefore saith our Author they might have been present in the Case of Thorp or they should have been absent in Trial of Pool This is his Argument as near as I can gather out of his Words put together something obscurely I need give no other Answer to this than to lay before you the words of the Record This Accusation was exhibited by the Commons in 10 R. 2. against Michael de la Pool Lord Chancellour in full Parliament before the King Bishops and Lords and six Articles were objected by them against him The first was That he purchased Lands of the King of great value whilst he was Chancellour the other five as the Record saith were only Quarrels and of little concern To the first and most considerable the Chancellour put in a fair Answer the Commons reply and urge things to the utmost and amongst other things say That whereas by the Popes Provisions a Person was recommended to the Priory of St. Anthonies he the said Chancellour would not suffer him to be admitted till the Grantee had contracted to pay to the Chancellor and his Son 100 l. yearly and then parallel this with Thorp's Case and would have had the Chancellor in the same fault with Thorp for Bribery as a Judg and consequently incur the same Judgment The Chancellor replies and shews great difference between the Cases Upon the whole matter Judgment was given against him pursuant to the Accusation for Misdemeanours only in which the Bishops were and might be present and the parallelling it with Thorp's Case was only in the Management of the Cause by the Commons and no part of the Accusation Neither is it reasonable to believe that which our Author asserts in the same Page that the Prelates were free Agents and might withdraw at some times and be present at others as they saw cause For beside that this is contrary to the express Law of Clarendon which expresly declares that 't is their duty to be present in all Proceedings in Curia Regis which in that place must be understood of the Parliament because they were to be present with the other Lords tho I know that Curia Regis is sometimes taken in a more laxe Sense for all the Courts in Westminster are the King's Courts and unto which they were to give Obedience and Attendance in Cases not prohibited I say over and above this Act at Clarendon it seems to me very unreasonable to suppose that such a Body of Men had liberty to give their Attendance when they pleased without leave of the House or cause shewed why 't was fit they should be absent or that the Author of the Letter meant more when he saith they might have been present than that they were not prohibited by the Law of Clarendon which only had Relation to Matters of Blood But these Men had other Canons to go by when they thought fit as well as those of Toledo and 't is probable enough that the rest of the Noble-Men finding them most constant Factors for the Pope were willing enough to let them be absent upon any colourable Pretence when they desired it Is not one clear Precedent against them in point of greater weight than many dubious and equivocal ones which cannot without great Art be wire-drawn to speak to their advantage Let him consult the Discourse of Peerage pag. 17. The Case of the Earl of Northumberland 7 Hen. 4. Rot. processus cor Dom. Rege in Parl. in 5 Hen. 4. This Noble-Man came into Parliament and confessed before the King and Lords that he had done against his Allegiance in gathering Power and giving Liveries this Fact by the Lords was adjudged no Treason for which he gives Thanks to the Lords his Judges and a day after the Commons do the like where the Prelates are named as our Author affirms and to which I shall speak by and by But in 7 Hen. 4 the same Earl was in actual Rebellion in the North and his Forces dispersed by the Earl of Westmarland but he and the Lord Bardolf fled into Scotland the rest were most of them taken Prisoners This Case came into Parliament where the King commands the Lords Temporal Peers of the Realm to advise what Process to make and what Judgment to render against the Earl of Northumberland and Lord Bardolf Nothing can be plainer than that the King look'd upon the Lords Temporal as those Peers who were proper to give Judgment touching their Fellow Peers who had fled from Trial in a case of Blood The Record goes on the said Lords advised thereupon and gave Counsel to the King Then the said Lords Peers of the Realm by assent of the King order summoning the said Lords to appear at a day given or to stand convicted by Award of the Peers in Parliament The King farther demanded the Opinion of the Lords Temporal touching the Arch-bishop of York who was in the same Treason The Lords Temporal by the Assent of the King and by their Authority declared and awarded the said Earl and Lord to stand convict of Treason for not appearing upon Summons 'T is very clear that this whole Business was transacted by the Lords Temporal without the Bishops and with the Concurrence of the King 'T is not to be believed that the Bishops would have sate quiet had they thought themselves wronged in these Proceedings See the Discourse of Peerage pag. 17 18. I think it hardly possible to find a more clear Record in the Point than this is First here were two Noble Lords defeated in actual Rebellion and fled from Justice into Scotland The King upon this would not so much as consult with his Prelates knowing them by Law no proper Counsellours against Peers in matters of Blood applies himself to his Lords Temporal they order Proclamations by order of the King enjoyning the said Lords to appear at a day certain or to stand convict they not appearing are by Award of the Lords Temporal convicted of Treason and a Year after one is slain the other mortally wounded at Bramham-moor in York-shire Can any thing be more agreable to the Practice at this day against Men that fly from Justice and

are convicted for non-appearance He must have a new way of reasoning who considering that in 4 E. 3. the Earls and Barons are declared those Peers to whom such Judgments belong that in 5 E. 3. the Prelates declared that in a Case where Blood might be it belonged not to them to be present that in 7 R. 2. the Temporal Lords were only concerned in a Case where the Accusation was Treason with many other Cases that in 1 Hen. 4. the Lords are declared Judges in such matters that in 2 Hen. 4. in a like Trial or Judgment the Temporal Lords are all named who were the Judges that now in 7 Hen. 4. the Temporal Lords are again declared Judges and after all this that the Prelates should be deemed proper Judges in Cases of Blood upon bare Surmises and no direct Proof seems to me to savour of a Man wedded to an Opinion which he resolves to maintain when at last tho Precedents confirm what the Law is 't is that must determine the Controversy This I say in Relation to what Mr. Hunt objects This Precedent may in part serve to give answer to those Arguments drawn from the Identity of Names to the Identity of Right The Bishops saith the Grand Questionist are sometimes comprehended under the name of Grands Seigneurs and Peers therefore their Right is equal to all others who enjoy those Names How he attempts to make this good we shall see anon But first let him consider how weak a way of arguing this is we know nothing is more equivocal than Names Many are called Lords who had once that Name as Embassadors Chief Justice c. or such whose Fathers are Dukes so Earls Eldest Sons yet are indeed but Commoners so Baronagium comprehends all the whole Parliament Barons there are of the Cinque-Ports of the Exchequer and of some chief Towns as I have noted before from Mr. Selden so we are not to judg the Right from the Appellation but govern the Appellation by the Right The first Precedent he urges is pag. 96. where in 4 E. 3. an Act passed for Trial by Peers Cotton Numb 6. 'T is agreed unto by the King and all the Grands in full Parliament that tho the Lords had tried some who were not their Peers upon Accusation by the King in a summary way against Law it should be so no more If the Bishops were here comprehended under the Name of Grands so were the Commons too if it should be an Act of Parliament will he hence infer that the Commons have an equal Right with the Lords because they all are called Grands Who were esteemed Grands or Magnates see Matth. Paris in Anno Dom. 1100. Inhibitio ne qui Magnates viz. Comes Baro Miles seu aliqua alia notabilis Persona c. Here you see under Magnates are taken Earls Barons Knights or any other Person of Rank So Milites Comitatuum and Barones quinque portuum are called Magnates inter com brevia de term sctae trin Sct. Mich. An. 34. E. 1. penes rentem Dom. thesaurarij in Scaccario he that desires more let him consult Mr. Petyt's Learned Discourse of the ancient Rights of the Commons pag. 93 94. and in sundry other places I think therefore I may safely conclude this Point That where Grands are named alone there not only the Bishops but the Earls Barons Judges and Commons might be comprehended but where the Grands are mentioned after the Earls and Barons there the Bishops who ought first to be named shall never be taken in secondarily and by Implication Neither is it any thing to our Question whether it were for their Honour to be absent in some Cases as he intimates pag. 100. in the Case of Roger Mortimer but what the matter of Fact was Pag. 112. He would comprehend the Prelates among the Peers because in 4 E. 3. N. 3. The words are All the Peers Counts and Barons assembled in Parliament upon strict Examination do assent and agree that John Mautrevers is guilty of the Death of Edmund Earl of Kent Here he would infer that the Prelates were present at the Examination of that Capital Crime under the name of Peers because at that time there were no Dukes nor others of Superiour Degree to Earls but he doth not consider that the word Peers in this place doth only denote who those Peers then mentioned were Peers viz. Earls and Barons not Bishops as before Magnates viz. Comes Baro Miles c. As when we say a Noble-Man is to be tried by his Peers we understand only those that are truly so and not others that sometimes may be called so this is much cleared by the Record 2 Hen. 4. N. 30. The Lords Temporal by the Assent of the King adjudged Thomas Holland late Earl of Kent Iohn Holland late Earl of Huntington and others Traitors this Judgment was after the Parties were dead and but the second Successor after Edward the third Why did not now the Prelates come in and claim their Right Certainly they would have done it but that they knew the Law and Practice was against them what else is material in this Chapter hath been taken notice of by the Author of the Letter and others so that it needs no further Examination and I may safely conclude that where the Prelates are not named they are not understood Now that in this case the Bishops could not be meant by the word Peers is very plain from the Record it self For the fore-named Iohn Mautrevers being not in hold the said Peers do pray our Lord the King that search should be made for him throughout the Realm and a Reward promised Now if the Bishops were meant by the word Peers alone for Earls and Barons are named witness the Peers Earls and Barons then by Parity of Reason the said Peers should be meant only of the Bishops as if they alone had made the desire for the Apprehension of the said Matrevers and the Earls and Barons had been unconcerned which is absurd See 4 E. 3. Mem. 3. N. 3. Seld. Baron p. 13. Our Author concludes his third Chapter with the Case of Henry Hotspur the eldest Son of the Earl of Northumberland who for having levied War with others against the King was declared a Traitor being before slain in Battel by the King and Lords in full Parliament this was upon Friday the 18th of February upon the same Friday upon that Case and the Petition of the Earl Father to Henry and Examination of his Cause by the Lords as Peers of Parliament to whom such Judgment belonged for the King would then have referred the whole matter to the Judges he was declared innocent of Treason or Felony but only finable for Trespass at the King's Pleasure for which the said Earl gave Thanks to the King and Lords for their rightful Judgment and also at the same time purged upon his Oath the Arch-bishop of Canterbury the Duke of York

and 2. Ed. 3. forbidding Churchmen to take Cognizance of Matters of Blood 30 33 64. and 169 Statute of Clarendon a binding Law and only affirmative of the old Law 153 Statute of Westminster Anno 1175 forbidding all Persons in Holy Orders Judicium Sanguinis agitare 101 102 157 Stephen Bishop of London tryed by a Common Iury. 27 Stephen King his Charter to the Clergy 140 153 Stratford Arch-Bishop his Case T 283 Succession to the Crown 209 to P 214 Suffolk Duke his Case 13 60. S 284 285 T. TAlbot Lord his Case S 285 Temporal Lords sole Iudges of Peers 40 56 R 276. S 280 Tenants in Capite more than they Members of Parliament before 49th H. 3d. yeilded in Effect by Mr. Hunt 264 to 268. 3d. Part. Tenure in Capite created 78 A a 253 Tenure in Capite Mr. Hunt's Mistakes about it 242 to A a 258 Tenure by Barony inferred no more than a Minor Baron 78 109 118 119 120 Thorp Sir William 32 33 Titles Vid. Succession to the Crown Treason declared by the Iudges in Parliament R 264 265 Trial of Bishops by a Common Iury. 26 27 T 278 279 Trials in Appeals and the reason thereof V 191 192 193 U. UTriusque ordinis consensus explained T 275 276 W. Waver of Peerage T 286 287 Westminster the Council there forbiding Churchmen to meddle in matters of Blood 101 102 157 Cicero de Senectute ult edit tom 4. f. 532. Jani Angl. facies nova p. 186. Habet Rex Curiam suam in concilio suo in Parliamentis suis ubi terminatae sunt dubitationes judiciorum novis injuriis emersis nova constituuntur remedia unicuique justitia prout meruerit retribuetur ibidem Fleta lib. 2. cap. 2. The passage relating to the constituting new remedies must needs here relate to the power of the Magnum concilium or curia in making Ordinances Vid. Jus Angl. ab antiquo Addit p. 40. Ib. p. 39. Jan. Angl. p. 186 189 190. Jan. Angl. c. p. 201. Ib. p. 199. Ib. p. 189. Mr. Hunt's Argument p. 17. Vid. p. 100. 139 to 166. Vid. p. 65 to 70 172 to 181. Dr. Stillingfleet says The King insisted on the receiving the Ancient Customes of Clarendon Answer to Cressy's Apol. p. 100. This received over all the Western Church Burnet's History of the Reformation f. 101. Mr. Hunt's Arg p. 6. Jan. Angl. facies nova à p. 186. to 219. Vid. p. 87 183 184 c. Page 7. Page 25. Page 24. Pag. 13 and Pag. 37 c. Page 38. Page 129. Gr. Qu. p. 1. Seld. Tit. hon p. 730. I edit fol. 19 Edw. 2. Seld. Tit. Hon. pag. 704. Mat Par. p 7. ult ed. Ad id temporis Mr. Hunt thinks that the Tenure made them Barons and that Tenure and Barronies were coincident Seld Tit. Hon. p. 699. and 700. a This I take to be the only true of enobling any body as to the Nobilitas Major Seld. Tit. Hon. par 2. cap. 5. cir finem Vid. Els 〈◊〉 p. 33. b See Mr. Seld. Jans Angl. facies altera ult edit p. 51. Seld. Tit. Hon. pag. 747. Dugd. Baron c Query Whether this Summons gave him other Title than a Minor Baron 7 Edw. 2. 7 Rich. 2. 7 Rich. 2. Vid. Cot. Post. ●…ls edit pag. 344. Seld. Tit. Hon. pag. 690. Part 2. c. 13. Fitstep c. 11. Matth. Paris Anno 1215. Hakewell pag. 4. P●…in 591 c. Seld. Tit. Hon. part 2. p. 743 Cook 's Iuris of Courts Hakew. Mod. p. 135. Dan. Cron. Anno 1133. Rights of the Crown p. 100. Cook 's Preface to his 9th Report sets it out at large Fitst cap. 10 col 2. Seld. Tit. Hon. cap. 5. pag. 706. d N. B. their calling themselves Barons did not make them such who were at first summoned Ratione Episcopalis Dignitatis e Vid. Rot. Fin. 9. H. 3. me 3. 12. E. 2. Funivals c. 18. E. 2. Nevils c. Pet. Blesens yy 2. edit in Quarto or some Lines before see after p. 58 and p. 129. b wrongfully or contrary to the true use Kelway fol. 184. saith That the Convocation is not a part of the higher House neither the Bishops any part of it but sit there as they have Temporal Baronies But he doth not say the Convocation is not one Estate or part of the Parliament which however is but the Opinion of a Serjeant at Law Dr. Heylin's Stumbling-block Prin. fourth p. Kal. p. 594 595. Gr. q. p. 〈◊〉 Gr. q. p. 3. Els. p. 〈◊〉 Gr. q. p. 4. Hist. Coll. part 2. pag. 990. Gr. q. p. 6. Vid. Dan. p. 35. 46. Baker p. 26. 30. Gr. q. p. 6. N. B. Here he makes the whole Clergy to be one of the three Estates Il Nipotismo de Roma p. 37. Pad paolo de materie ecclesiastiche Our Bishops Rights pag. 61. Spel. Glos. verb. Cap. Justic. Co. 2. Inst. p. 26. Seld. tit hon part 2. p. 703. What Dr. Bradies Fancy is in that Particular let him make good if he can Coo. Cawdreys Case Twysden's Vind. of Schism In a Parliament held at Oxford Anno 1136. he grants by his Charter under his Hand That all Persons and Causes Ecclesiastical should appertain only to Ecclesiastical Judges Hon. of the Lords p. 26. Laws of Edg. ch 5. Coo. Mag. Cha. p. 488. Rejoin p. 5. Jour of ●…arl p. 258. Bishops Rights p. 139. 141. Gr. q. p. 19. Gr. q. p. 20. Petit pr. p. 45. Ger. Dorob p. 1653. 〈◊〉 E. 3. Gr. q. p. 20. Gr. q. p. 30. Seld. tit hon p. 703. Gr. q. p. 32. Hoveden f. 543. Ger. Dorob fo 1429. An. 1175. Non licet ought not to be translated it is not convenient as Mr. Hunt would have it and never hath that Signification but when a Law intervenes which makes it as well unlawful as inconvenient for every Law makes the Breach of it inconvenient Linw. lib. 3. tit 29. Ne qui Cler. Vid. Treat of the Nobil pag. 68. supposed to be by Doddridg Seld. tit hon p 704. Cook 2 Inst. pag. 587. Hakewell mod pa. 84. Adsint Fitz. cap. 10. col 12. Co. Ma. Ch. p. 585. Gr. q. p. 33. Gr. q. p. 34. That Edition in q●… 〈◊〉 〈◊〉 〈◊〉 certainly the best the latter ones being printed from that Copy Pet. Bl●…n Y y 2. The critically learned Mr. Hunt in his undigested Lump instead of a methodical Discourse pag. 5●… endeavours to cure the Ignorance of his Readers by telling them that by Principes Sacerdotum Seniores Populi the Bishops are only meant who from the Dignity and Worthiness of their Order are called Seniores a note of Dignity in all Countries He should have done well to have added Q●…m Principes Sacerdotum S●…es populi as the first and best Edition of Petrus Blesensis hath it That Senior is a name of Honour he might have learn'd at School but that the Chief Priests and the Elders often m●…ned in Scripture were the same ●…ns he hath