Selected quad for the lemma: parliament_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
parliament_n	king_n	lord_n	say_a	16,658	5	7.1993	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A63176	The tryal of Henry Baron Delamere for high-treason, in Westminster-Hall, the 14th day of January, 1685, before the Right Honourable George Lord Jeffreys, Baron of Wemm, Lord High Chancellour of England, constituted Lord High Steward on that occasion on which day, after a full hearing, the Lord Delamere was acquitted from all matters laid to his charge.	Warrington, Henry Booth, Earl of, 1652-1694, defendant.	1686 (1686)	Wing T2189; ESTC R23568	84,177	92

according to the Methods of Law which must be observed in your Case as well as all others You must plead to the Indictment before you be heard to any thing else L. Delamere May it please your Grace I have something to offer to your Grace's and their Lordships consideration which is a matter of Law L. H. Steward I know not what matter of Law you have to offer If you have a mind to demur to the Indictment you may L. Delamere Will your Grace please to hear what I have to say and then I shall submit it to your Grace's Judgment L. H. Steward I would hear what you have to say my Lord with all my heart if I could But I must then pass by all the Forms and usual Methods of proceeding and that without any advantage to you too and that I suppose your Lordship will not desire of me Ask my Lord Whether he be guilty or not guilty Cl. of Cr. How sayst thou Henry Baron of Delamere Art thou guilty of this High Treason whereof thou hast been indicted or not guilty L. Delamere I beseech your Grace to hear me what I have to say I shall not detain your Grace very long but I beg your Grace to hear me L. H. Steward My Lord Delamere I must keep you to the known Rules and Methods of Law This is not your time to speak but to plead in your proper time you shall be fully heard whatsoever you have to say L. Delamere If your Grace please I have something to say which concerns all the Peers of England in point of Right L. H. Steward My Lord you must either plead or demur to this Indictment that is the usual Practice before any thing else can be done L. Delamere My Lord I have a Plea to offer to your Grace and my Lords and it is with reference to the Priviledg and Right of the Peers of England L. H. Steward If you have any Plea to offer it must be received my Lord. L. Delamere My Lord amidst the hardships I have lain under by my frequent Imprisonments and close Confinement L. H. Steward My Lord Delamere You must keep up to the Legal Method of Proceedings In Cases of this nature I would as far is possible for me to do indulge a Person of your Quality and in your condition but withal I must do right to the Court and not permit any Breach to be made upon the Legal Course of Proceedings You must plead or demurr to the Indictment before you are heard to say any thing L. Delamere Will your Grace be pleased to hear me tell you my Reasons why I offer you a Plea of this nature to the Indictment L. H. Steward My Lord if you have any Plea put it in L. Delamere Will your Grace be pleas'd to accept it as I have done it It may be it is not so formal because I have had no Councel allowed me to peruse and sign it But as it is I here offer it to your Grace's consideration L. H. Steward Ay put it in Then it was delivered to the Clerk L. H. Steward Read it Cl. of Cr. The humble Plea of Henry Lord Delamere to the Indictment of High Treason against him now to be tryed by the Lord High Steward and Peers here assembled THE said Lord Delamere saving to himself all benefit of Advantage of any further or other matter of exception to the Generality Incertainty or Insufficiency of the said Indictment and all matters and things which do or may concern the same for Plea hereunto saith That he was by his Majesty's Writ Summoned to this present Parliament which began the Nineteenth Day of May last and attended his Duty there as a Peer of this Realm That for High Treason supposed to be committed by him during the Sitting of the same Parliament he was the Twenty sixth Day of July last committed by Warrant of the Earl of Sunderland one of his Majesty's Principal Secretaries of State to the Tower of London That the Peers in Parliament assembled taking Notice by his Petition of the Ninth of November last of his being absent from his Attendance in Parliament sent a Message to his Majesty to know the reason why he the said Henry Lord Delamere a Peer of that House was absent from his Attendance there Upon the Tenth Day of November last the Lord Treasurer reported his Majesty's Answer to the said Message viz. That the said Lord Delamere was absent from his Attendance in Parliament because he stood committed for High Treason for levying War against the King this last Summer testifyed upon Oath and that his Majesty had given directions that he should be proceeded against with all speed according to Law The House of Peers not being satisfied with this Answer the Debate thereof was adjourn'd till the Monday morning following On which Day the Lords resuming the Debate concerning the Lord Delamere and the King's Message after some Debate the Lord Chancellour by his Majesty's Command gave the House an account what Proceedings had been against the Lord Delamere since his Majesty's Answer to their Address concerning his absence from the House which was to this Effect That the King had given Order for a speedy Prosecution of him That the Treason whereof he was accused was committed in Cheshire and that being a County Palatine the Prosecution ought to be there and not in the King's Bench as it might be if the Treason had been committed in another County and that therefore his Majesty had given Order for a Commission of Oyer and Terminer into Cheshire in order to the finding of an Indictment against him for the said Treason And that accordingly a Commission of Oyer and Terminer was already sealed and if the Indictment be not found before the end of the Term the said Lord Delamere's Prayer being entred in the Kings's Bench he should be Bailed All which Proceedings do more fully appear in the Journals of the said House of Peers to which the said Henry Lord Delamere doth refer himself Afterwards that is to say upon the 〈◊〉 Day of 〈◊〉 the said Parliament was Prorogued by his Majesty unto the Tenth Day of February next as by the said Journals it doth also appear Upon all which Matters the said Henry Lord Delamere doth humbly tender this his Plea to the Jurisdiction of your Lordships in this Cause and doth humbly conceive your Lordships ought not to proceed in the Tryal of him upon the Indictment of High Treason now before you And that for these following Reasons First Inasmuch as it appears by the said Petition of the said Henry Lord Delamere and the several Orders of the Lords and the King's Answers to the Message of the Lords thereupon That the said House are already possessed of his said Cause which is for the same supposed Treason for which he was at first committed and which is the same Treason for which he now stands indicted before your Lordships And for this Reason your Lordships as

he humbly conceives by the Law and Custom of Parliament which is part of the Law and Custom of the Land ought not to proceed against him upon the said Indictment but his said Cause ought wholly to be determined and adjudged in the said House of Peers and not elsewhere as in like Cases has been formerly done Secondly Whereas it is the Right and Privilege of the Peerage of this Realm That no Peer thereof ought to be tryed or proceeded against for High Treason during the continuance of the Parliament except in the said House of Peers and before the whole Body of the Peers there And whereas the aforesaid Parliament is now continuing by Prorogation until the tenth day of February next abovesaid the said Henry Lord Delamere humbly conceives that by the Law and Custom of Parliament hitherto used which is part of the Law and Custom of the Realm he ought not nor can be tryed before your Lordships for the said Treasons because the said Parliament is still continuing and not dissolved And lastly The said Henry Lord Delamere doth further say That he is the same Henry Lord Delamere mentioned in the Commitment Petitions Messages Answers and Indictment now read unto him and the said Treason for which he was committed is the same Treason mentioned in the Commitment Petition Messages Answers and Indictment as aforesaid To which said Indictment he humbly conceives he is not bound by Law to make any further or other Answer L. Delamere May it please your Grace and you my Noble Lords I do not offer this Plea out of any diffidence or distrust in my Cause nor out of any dislike I have to any of your Lordships that are here Summoned to be my Tryers I cannot hope to stand before any more just and Noble nor can I wish to stand before any others but your Grace and my Lords will pardon me if I insist upon it because I apprehend it a Right and Priviledge doe to all the Peerage of England which as it is against the Duty of every Peer to betray or forgoe so it is not in the power of any One or more to wave it or give it up without the consent of the whole Body of the Peers every one of them being equally interested This my Lord I humbly demand as my Right and Priviledge as a Peer of England and submit to the direction of your Grace and my Noble Lords L. H. Steward What say you to it Mr. Attorney Mr. Attor General May it please your Grace This Plea that is here offered by this Noble Lord is a Plea to the Jurisdiction but with submission it needs very little answer for it has very little in it The Force of the Plea is That he ought to be tryed by the whole Body of the House of Peers in Parliament because the Parliament is still continuing being under a Prorogation and not dissolved and because there was some agitation of the matter concerning this Prosecution upon his Petition in the House of Lords and therefore it concludes That he ought not to be tryed by your Grace and these Noble Lords upon this Commission but by all the Lords in Parliament With submission my Lord This is contrary to all the antient Precedents and against the known Rules of Law for the Law is If the King pleases to try a Peer in Parliament then the Record may be brought into the House and there they proceed as in other Cases and all the Peers are Judges Thus it is in the time of a Session of Parliament but if the Parliament be prorogued there are many instances and indeed none to the contrary that after a Prorogation the Proceedings are before the High Steward by Commission And as to the other part of the Case I have this to say to it That there is nothing at all depending in the House of Lords that can oust this Court of the Jurisdiction for there was not so much as any Indictment returned there no nor so much as found during the Session of Parliament All the agitation was only upon my Lords Petition and the King's Answer that he intended as speedy a Prosecution as could be Besides my Lord your Grace sees it is a Plea in paper and in English without any Councels hand and therefore I hope your Grace does not expect that I should formally demur to a Plea in this form and that contains no more of Substance in it But I must desire your Grace to over-rule it and that the Prisoner may plead in chief L. Delamere My Lord I humbly pray that I may have Councel assigned me to put my Plea into Form and to argue the matter of it L. H. Steward My Lord Delamere I am sure I ought and ever shall be as tender of the Priviledges of the Peers of England as any other Person whatsoever For I am concerned as well in interest as inclination so to be having the honour to be one my self But I know your Lordship will not think the Priviledge of the Peers is concerned in this matter nor will your Lordship I dare say insist upon matters that are purely dilatory if your Lordship be satisfied that they are so And therefore give me leave my Lord to mind you of a few things whereby your Lordship will easily see That the chief things on which you insist are grounded upon mistakes First You say The House of Peers was possessed of the Cause which could not be and I will tell you why Because there was no Indictment ever removed thither or lodged there Which plainly proves that the Lords were never possessed of the Cause Nor indeed was the Bill found upon which you are now arraigned till after the Prorogation of the Parliament So that they could never come to be possessed of this matter These are mistakes in Point of Fact and your Lordship cannot but well know them to be so And there is as great a mistake in the Law That during the continuance of a Parliament though it were prorogued yet if not dissolved a Peer cannot be tryed but by the House of Lords This certainly is a very strange Doctrine and is not only against the reason and methods of Law but contrary even to your Lordships own experience For your Lordship cannot but very well remember that during the continuance of the Parliament after a Prorogation the Lord Cornwallis was tryed before the High Steward and such a number of Peers as were then summoned upon such a Commission as I now sit here by But indeed during the Sitting of the Parliament then all the Peers are both Tryers and Judges as was in the Cases of my Lord Stafford and my Lord of Pembroke they being a Court of Judicature then actually sitting and therefore this Plea is grounded as upon mistake in Fact so upon a mistake in point of Law So that though as I said at first it is both my duty and interest to preserve the priviledges of the Peers yet I must take

whole Body of Peers of which I have the Honour to be a Member And if my Lords here are satisfied it is not the Right and Priviledge of the Peers I acquiesce Lord H. Steward Pray good my Lord do not think that I should say any such thing that the Priviledge of the Peers is frivolous for you do not hear me say That this is one of their Priviledges As I would not willingly mistake You so I desire your Lordship would not misapprehend or misrepresent Me. I spoke not at all of the Peer's Priviledge but of your Plea I tell your Lordship I think your Plea is not a good Plea to Oust this Court of the Jurisdiction of your Cause But if your Lordship have a mind to have your Councel heard to it in God's Name let them come they shall be heard And when that is done to satisfie you the more I will advise with my Lords the Judges that are there to assist what they take to be the Law in the Case and upon the Whole I will deliver my Judgment as well as I can Lord Delamere I hope your Grace will be pleas'd to advise with my Lords the Peers here present it being upon a Point of Priviledge Lord H. Steward Good my Lord I hope You that are a Prisoner at the Barr are not to give Me direction who I should advise with or how I should demean my self here Lord Delamere I beg your Grace's Pardon I did not intend to give your Grace any Direction Lord H. Steward My Lord I shall take care to perform that Duty that is incumbent upon me and that with all Tenderness to your Lordship And I assure your Lordship I will have as much care that I do not injure You as I will that I do not wrong my own Conscience and I will endeavour to discharge my Duty to both with the utmost Fidelity Lord Delamere I humbly thank your Grace I question it not But if your Grace please Lord H. Steward My Lord You must pardon Me I can enter into no further Interlocutions with your Lordship If your Lordship have any mind to have any Councel heard and your Councel be ready we will hear them Lord Delamere If your Grace require of Me to produce Councel presently and they to argue it immediately I must acquaint your Grace I cannot do it For I have none here Lord H. Steward My Lord I cannot tell how to help it the Plea must then be over-ruled and rejected Clerk of the Crown Henry Baron of Delamere Art thou Guilty of the High-Treason whereof thou standest Indicted and hast been now Arraign'd or Not Guilty Lord Delamere Not Guilty Clerk of the Crown Culprit How wilt thou be Tryed Lord Delamere By God and my Peers Clerk of the Crown God send thee good Deliverance Sergeant at Arms Make Proclamation Sergeant at Law O Yes If any one will give Evidence on behalf of our Soveraign Lord the King against Henry Baron of Delamere the Prisoner at the Barr concerning the High-Treason whereof he stands Indicted let them come forth and they shall be Heard for now he stands at the Barr upon his Deliverance Then his Grace gave the Charge to the Peers Tryers in this manner Lord H. Steward My Lords I know You cannot but well remember what unjust and insolent Attempts were made upon the rightful and unalterable Succession to the Imperial Crown of these Realms under the pretence of That which has been so often found to be the Occasion of Rebellion I mean the specious Pretence of Religion by the fierce froward and Phanatical Zeal of some Members of the House of Commons in the last Parliaments under the late King CHARLES the Scond of ever Blessed Memory Which by the wonderful Providence of Almighty God not prevailing the Chief Contrivers of that horrid Villany consulted together how to gain that Advantage upon the Monarchy by open Force which they could not obtain by a pretended Course of Law And in order thereto it is but too well known how they had several Treasonable Meetings made bold and riotous Progresses into several Parts of the King's Dominions thereby endeavouring to debauch the Minds of the well-meaning though unwary and ignorant Part of the King's Subjects But these their evil Purposes it pleased God also to frustrate by bringing to Light that cursed Conspiracy against the Life of His Sacred Majesty King CHARLES the Second as also against That of our dread Soveraign that now is whom God long preserve These Hellish and damnable Plots one would have thought could not have survived the just Condemnation and Execution of some of the chief Contrivers of them especially considering that after it had pleased Almighty God to take to Himself our late Merciful and dread Soveraign no sooner was His Sacred Majesty that now is Seated in the Royal Throne of His Ancestors but He made it His utmost Endeavours not only to convince the World that He had quite forgot those impudent and abominable Indignities that had been put upon Him only for being the best of Subjects and the best of Brothers but did also give forth the most Benign Assurances imaginable to all his loving People that He would approve Himself to be the best of Kings And further to evince the Reality of these His Gracious and Heroick Resolutions He immediately called a Parliament and therein repeated and solemnly Confirmed His former Royal Declarations of having a particular Care of maintaining our Establish't Laws and Religion With which that Wise Great and Loyal Assembly were so fully and perfectly satisfied that they thought they could not make sufficient Returns of Gratitude for such Gracious and Princely Condescentions And yet my Lords while the King and the Parliament were thus as I may say endeavouring to out-do each other in Expressions of Kindness that wicked and unnatural Rebellion broke out and thereupon the Arch-Traytor Monmouth was by a Bill brought into the Lower-House and Pass'd by the general Consent of Both Houses and I could wish my Lords for the sake of that Noble Lord at the Barr that I could say It had Pass'd with the Consent of every particular Member of each House justly Attainted of High-Treason My Lords What share my Lord at the Barr had in those other Matters I must acquaint You is not within the Compass of this Indictment for which You are to Try him as his Peers For That is for a Treason alledged to have been Committed by him in His Majesty's Reign that now is Give me Leave my Lords to detain You but with a Word or two more on this Occasion and that is To let You know That as my Lord at the Barr may with great Safety and Security to himself rely upon your Lordship's Candor and Integrity that You will be tenderly careful and ready to acquit him of the Treason whereof he is accused if upon the Evidence that shall be given You You shall find him Innocent So I must tell You The King has