Plea for the Lords and House of Peers, Treatise · Section 2 · Floating text – Letter 2

Plea for the Lords and House of Peers · Treatise · Section 2 · Floating text – Letter 2

p. 224The Proceedings againſt this Traytor Archbiſhop Becket.

In this Magnum et ſolenne Concilium held at Northampton, Anno 1165. being very memorable, and more fully relating the manner of our Parliamentary Proceſs in that age, and the judicial jurisdiction and proceedings of the Lords in Parliament, as well in civil as criminal cauſes than any other I have met with, I ſhall give you a more full account of them out of three of our Hiſtorians (who record the ſame) **Annalium pars poſterior p. 494, 495.in their own words.

The firſt of them is Roger de Hovedrn, who thus relates the proceedings. Anno gratiae 1165. qui erat annus und…cimus Regni Henrici Regis, idem Rex Henricus Magnum congregavit Concilium, apud Northampton, ubi Rex taedium magnum fecit, Thomae Cantuarienſi Archiepiſcopo. Imprimis enim fecit Rex equos ſuos hoſpitari in hoſpitiis illius: Sed Archiepiſcopus mandavit Regi, quod ipſe AD CURIAM NON VENIRET, DONEC hoſpitia ſua vacuarentur ab equis & hominibus fuis. In chraſtino Colloquii venit Thomas Archiepiſcopus AD CURIAM REGIS in capella ejus, & ſtatim petiit ab eo licentiam tranfretandi ad Alexandrum Papam, qui ea p. 225tempeſtate moram faciebat in Francia, ſed habere non potuit. Dixit enim ei Rex; tu prius reſpondebis mihi de injuria quam feciſti Johanni Mareſcallo meo in Curia tua. Conqueſtus enim erat regi idem Johannes, quod cum calumniatus oſſet in Curia Archiepiſcopi terram quandam de illo tenendam jure hereditario, & diu inde placitaſſet, nullam inde potuit aſſequi Juſtitiam; & quod ipſe curiam Archiepiſcopi Sacramento falſificaverat ſecundum conſuetudinem Regni. Cui Archiepiſcopus reſpondit: Nulla juſtitia defuit Johanni in curia mea, ſed ipſe (neſcio cujus conſilio, an proprae voluntatis motu) attulit in Curia mea quondam toper, & juravit ſuper eum, quod ipſe pro defectu juſtitiae a Curia mea receſſit: Et videbatur Juſticiariis Curiae meae, quod ipſe injuriam mihi fecit, quia ſic à Curia mea receſſit; cum ſtatutum ſit in regno vestro: Quod qui Curiam alterius falſificare voluerit, oportet eum jurare ſuper ſacroſancta Evangelia. Rex quidem non reſpiciens ad verba haec, juravit, quod ipſe haberet de eo ju…titiam & judicium▪ Et Barones Curiae Regis judicaverunt eum eſſe in miſericordia Regis. Et quamvis Archiepiſcopus niteretur judicium illud falſificare, tamen prece & conſilio BARONUM poſuit ſe in miſericordia Regis de quingentis libris, et invenit ei inde fidejuſſores. Et ſic a Curia recedens, ad hoſpitium ſuum ivit, & propter **al. …ram et indignationē. quam,taedium & dolorem quam in animo conceperat decidit in lectum, & in gravem aegritudinem. Quod cum Regi conſtaret, ut eum magis affligeret, ſtatim miſit ad eum, et ſummonuit eum per bonos ſummonitores, quod in craſtino veniſſet, paratus reddere illi rationem villicationis ſua, quem habuit in regno ſuo ante conſecrationem ſuam. Archiepiſcopus autem ſciens, quod grave ei immineret exterminium, ſi in Curiam venire properaſſet, modis omnibus dilationem quaeſivit: tum quia tempus ſommonitionis breviſsimum erat, tum quia ipſe graviter infirmabatur. Cumque Rex vidiſſet quod Archiepiſcopus non veniret ad diem illum, miſit ad eum Robertum Comitem Leiceſtriae, & Reginaldum Comitem Cornubiae, ad videndum aegritudinem illius. Qui cum veniſſent, invenit eum in lecto jacentem infirmum; et ad petitionem p. 226illius dederunt e… respectum veniendi ad Curiam uſque mane. Eodem die dictum erat ei, et nunciatum a familiaribus regis, quod ſi ipſe ad Curiam Regis veniſſet, vel in carcerem mi…teretur, vel interficeretur. Super his igit ur Archipraeſul habito cum ſuis familiaribus conſilio, per conſilium cujuſdam Sapientis, in craſtino antequam ipſe ad curiam pergeret, cum ſumma de…otione celebravit Miſſam de S. Stephano protomartyre; cujus officium tale eſt, Etenim ſederunt Principes, & adverſum me loquebantur, &c. cauſam ſuam Judici, qui Deus eſt, commendavit. Tamen pro celebratione Miſſae illius graviter accuſatus fuit poſtmodum à Gileberto Londonenſi Epiſcopo, quod Miſſam il…am celebraverat per artem magicam, & in contemptu Regis. Itaque poſt celebrationem Miſſae Archiepiſcopus impoſuit collo ſuo ſtolam, deinde induit cappam nigram canonicalem, et profectus est ſtatim ad Curiam Regis. Et ſtatim factus eſt undique magnus concurſus populi, ut viderent finem. Ipſe autem portebat crucem ſuam in manu ſua dextra, cum ſiniſtra veto tenebat loram equi, in quo ſedebat: et cum veniſſet ad aulam Regis, deſcendit, & ipſe crucem ſuam bajulans, intravit domum Regis. Deinde intravit exteriorem cameram ſolus portans crucem ſuam: nullus enim ſuorum ſequebatur eum: & cum intraſſet, invenit plebem multam in ea, ſeditque inter illos. Tunc venit ex parte Regis ad Archiepiſcopum Gilbertus Londinenſis Epiſcopus, qui multum increpavit eum, quod ſic cruce armatus venit in Curia: & voluit crucem e manibus ſuis eripere, ſed Archiepiſcopus fortius eam tenuit. Henricus igitur Wintonienſis Epiſcopus dixit Londinenſi Epiſcopo, frater, demitte Archiepiſcopum crucem ſuam tenere, ipſe enim debet illam bene portare. Tunc Londonienſis Epiſcopus multum iratus adverſus Wintonienſem Epiſcopum, dixit ei▪ m…le locutus es, frater, et malum inde tibi contiget, quia contra Regem locutus es. Deinde venit ad eum Rogerus Archiepiſcopus Eboracenſis, &c. qui plurimum increpabat eum, quod ſic armatus Cruce ad Curiam veniret: dicens, quod Rex gladium habebat acutiorem; & ideo ſi conſilio ſuo acquieſceret, tolleret p. 227crucem ſuam. At quidam de circumſtantibus ſic ait:

Crede mihi, ſi credis ei, tu decipieris.

Fistula dulce canit volucres dum decipit auceps.

Impia ſub dulci melle venena latent.

Archiepiſcopus autem Cantuarienſis crucem ſuam deponere noluit, ſed dicebat. Si gladius Regis carnaliter corpora caedit, gladius meus ſpiritualiter percurit, & animam mittit in gehennam. Et dum ipſe ſederet expectans, dixerunt quidam ſecreto, quod mors ejus jurata erat à regalibus; & ex illa hora quaeſivit occaſionem recedendi a Curia: Et ut commodius recedere poſſit, appellavit ad ſententiam ſummi Pontificis; et cauſam Eccleſiae & ſuam poſuit ſub protectione Dei, et Domini Papae; & praecepit univerſis Epiſcopis appellationem ſuam inviolabiliter ſervare. Tunc omnes Epiſcopi laudaverunt ei, ut ipſe ſatisfaciens voluntati Regis, redderet ei Archiepiſcopatum ſuum in miſericordia illius; ſed Archiepiſcopus noluit iis inde credere. Tunc mandavit ei Rex per milites ſuos, ut ſine dilatione veniret et redderet ei plenariam computationem de omnibus receptis, quae receperat de redditibus Regni, quamdiu Cancellarius ejus fuit. Et nominatim de triginta millibus librarum argenti. Quibus Archtepiſcopus reſpondit: Dominus meus Rex ſcit, quod ego ſaepius ei reddidi computationem de omnibus hiis, quae ipſe modo à me petit; antequam electus fuiſſem ad Archiepiſcopatum Cantuarienſem. Sed in electione mea, Henricus filius ejus, cui Regnum adjuratum fuit, et omnes Barones Scaccarii, & Richardus de Lucy Juſtitiarius Angliae, clamaverunt me quietum Deo, & ſanctae Eccleſiae de omnibus receptis & computationibus, & ab omni exactione ſeculari ex parte Domini Regis: & ſic liber et abſolutus electus fui ad hujus officii adminiſtrationem; & ideo amplius nolo inde placitare. Quod cum Regi conſtaret, dixit Baronibus ſuis, cito facite mihi judicium de illo, qui homo meus ligiu… eſt, & ſtare juri in Curia mea recuſat. Et exeuntes, judicaverunt eum capi dignum et in carcerem mitti. Tunc miſit Rex Reginaldum Comitem Cornubiae, et Robertum Comitem p. 228Leiceſtriae ad judic…ndum ei Iudicium de illo factum: Qui dixerunt ei, Audi Iudicium tuum. Quibus Archiepi…copus reſpondit; prohibeo vobis ex parte omnipotentis Dei, & ſub anathemate, ne faciat…s hodie de me judicium, quia appellavi ad praeſentiam Domini Papae. Dum autem praedicti Comites redirent ad Regem cum reſponſo illo, Archiepiſcopus exivit…e thalamo, et progrediens per medium illorum veni… ad palefridum ſuum, & aſcendi…, et exivit ab aula, omnibus clamantibus poſt eum & dicentibus, Quo progrederis proditor? expecta et audi judicium tuum. Cum au…em veniret ad portas in…e…i…eas c…au…as, & timuit ſibi valde ne ab inimicis ſuis caperetur: ſed Deus omnipotens eum liberavit. After which he privily departed out of England.

(d)(d)Stephanides de Vita & Paſſione Tho: Cant. Mr. Seldens Titles of Honor, part 2. c. 5. p. 705, 706.The 2d. is William Fitz. Stephen, a Monk of Canterbury who attended Becket in his troubles. Hee after a large relation of the charge of John the Kings Marſhal againſt him for injuſtice, mentioned by Hoveden, relates the difference then happening between the Eccleſiaſtical and Temporal Barons in giving judgement againſt him, and the judgement it ſelf, and proceedings therein in theſe words. Secunda die conſulentibus Epiſcopis, Comitibus et Baronibus Angliae omnibus; Nec Roffenſis Epiſcopus, **Chronicon Gervaſiii col. 1394.Will. N…raic. cum plurib…s a…is non …um venerat: Archiepiſcopu laeſae Majeſtatis Coronae Reglae arguitur, quia ſcilicet ut ſupra narratum e…, a Rege ci…atus pro cauſa Johannis (the Marſhal) neque venerat, neque idonie ſe excuſaſſe…, Archiepiſcopi depulſio nullum locum habuit: allegata tamen Johannis ſupradicti injuria, et juriſdictione hujus cauſae propria & Curiae ſuae integritate, REX EXIGIT JUDICIUM. Archiepiſcopi ratio nulla eſt approbara. VISUM EST OMNIBƲS ex reverentia Regiae Majeſtatis, et ex aſtrictione ligii homagii quod Domino Regi fecerat Archiepiſcopus, & ex fidelitate e… obſervantia …ene…i ejus honoris quam ei juraverat, quod pa…um eſſet defenſus vel excuſatus, quia citatus a Rege, neque venerat, neque corporis infirmitatem, vel neceſſariam quae differri non poſſit p. 229officii, eccleſiaſtici adminiſtrationem per nuncios allegaverat: Condemnandumque eum dixerunt in paenam pecuniariam omnium bonorum ſuorum mobilium ad miſericordiam Regis, De proferendo Iuducio …itan…ia fuit in…e… Epiſcopos et Barones, utr…ſque a…teris illud imponen…ibus, u…r…que ſe excuſantibus: Aiunt BARONES; vos EPISCOPI pronunciare debe…is ſententiam, ad nos non pertinet. Nos Laici ſumus; vos perſonae eccleſiaſticae, ſicut ille; conſacerdotes ejus, Coepiſcopi ejus. Ad haec aliquis Epiſcoporum: Imo veſtri potius eſt hoc officii, non noſtri; Non enim eſt hoc judicium Eccleſiaſticum, ſed Seculare. Non ſudemus hic EPISCOPI, ſed BARONES. Nos BARONES & vos BARONES: PARES hic ſumus. Ordinis autem noſtri ratione fruſtra inni imini. Quia ſi in nobis ordinationem attenditis, & in ipſo ſimi…itet attendere debetis. Eo autem ipſo, quod Epiſcopi ſumu…, non poſſumus Archiepiſcopum & Dominum noſtrum judicare. Sed quid? Rex, haec audita de pronunciando controverſis, motus eſt. Et controverſia ſuper hoc deſicum eſt. Dominus Wintonienſis (then Henry de Bloys) impoſitus dicere, tandem et invitus PRONUNCIAVIT. Archiepiſcopus autem, quia ſententiae vel recordationi Curiae Regis Angliae non licet contradicere, ſuſtinuit; conſilio Epiſcoporum, ad acta, ad mitigandum et honorandum Regem, ſolenni & manuum ipſius miſſione, quaſi conceſſionis judicii, ut moris eſt ibi: et omnibus Epiſcopis datis vadibus praeter Gilbertum illum Londinenſem, qui rogatus pro eo ſponder noluit▪ quae ejus ſingularitas notam fecit.

The 3d. is (e)(e)Chroniea Gervaſii, col. 1389. to 1394.Gervaſius Dorob…rnenſis, who thus records the proceedings in this Council againſt Becket: Timens autem Rex, ne impune manus ejus Cantuarienſis Achiepiſcopus evaderet, jam edoctus mulriplici cogitatatione et pravorum eruditione quibus eum pravitatis laqueis innodaret; praecepit PRAESULES ET PROCERES REGNI apud Northamptoniam, una cum ipſo Archiepiſcopo, CONVENIRE. Qui cum die tertia p. 230ante …eſtum Sancti Calixi Papae conveni…ent, Archiepiſcopus in multis accuſatus eſt. Primo, quod cuidam Johanni coram ipſo litiganti plenam juſtitiam non exhibuit, & ſuper hoc ad Regis praeſentiam vocatus, venire contempſit. Reſpondens Archiepiſcopus; praefato JoJohanni dixit condignam non defuiſſe juſtitiam, & Johannem non legaliter curiam ſuam infamaſſe, qui non ſuper Evangelium, ut moris eſt; ſed ſuper veterum cantuum codicellum quem ſecum tulerat, voluerit pejerare. Quod autem ſuper hoc citatus ad Regis non venit praeſentiam, non contemptus fuit, ſed infirmitate valida invitus retentus eſt. His rationibus Archiepiſcopus excuſari non poruit, ſed Curiali Iudicio et Epiſcoporum conſenſu condempnatus eſt, ita ut omnia mobilia ejus in miſericordia Regis ponerentut. Quo facto; repetit ab eo Rex quingentas libras quas ei dum eſſet Cancellarius dicebat commodaſſe; Cumque allegaret Archepiſcopus e contra et diceret; praefatam non commodatam ſed de plano datam eſſe pecuniam: nihilominus de ſuis fide juſſores idoneos coactus eſt exhibere. Et haec opera ſecundae diei. Tertia vero die appetitur abſque miſericordia, jubeturque de fiſcalibus et Epiſcopatibus & Abbatiis vacantibus ratiocinia reddere, quas in cuſtodia ſua habuerat tempore Cancellariae. Reſpondit; ſe ſuper his non teneri, eo quod die electionis ſuae hujuſmodi non fuit quaeſtione pulſatus, & quod eccleſia Cantuarienſis eum ſuſciperet ab omnibus his liberum et abſolutum. Attamen ſuper his prudentiores ſe velle conſulere dicebat, & de conſulto reſpondere. Convocatis igitur Epiſcopis, quaeſivit Archiepiſcopus; quid Domino Regi ſuper hujuſmodi quaeſtione eſſet reſpondendum? Whoſe ſeveral advices, and Speeches are there recorded at large, which I pretermit.

His ita geſtis ſederunt aliquandiu ſub ſilentio, nec erat qui amplius his aliquid adderet, etiam ante quaeſita ut pateret eis exitus, incluſi enim erant. Volo, inquit Dominus Cantuarienſis, loqui cum duobus Comitibus qui cum Rege ſunt, Roberto ſcilicet Legeceſtrenſi, & p. 231Reginaldo Cornubenſi. Quibus, i…ico, apertis o…tiis, a…tantibus dixit Cantuarienſis. Super his de quibus nos Dominus Rex convenit contulimus; et quia non habemus ad praeſens eos quibus res ipſa migis innotuit, ideo uſque in craſtinum petimus inducias tunc reſponſuri ſicut Deus nobis inſpiraveri…. Datis igitur u…cunque peti…is induciis ea die diſceſſerunt ab invicem. Craſtina autem die, ſcilicet Dominica, uſque in ſecundam feriam dilatum eſt negotium. Archiepiſcopus autem ea nocte iliaca paſſione diriſſime vexatus lecto decubuit anxiatus: Mane autem facto ad Curiam accerſitur, & in abſentem ſaevitur. Verum quia putabant aulici quod aegritudinem ſingeret, miſſi ſunt ad eum Comites duo, quos ſupra nominavimus: qui licet viderunt eum excuſabilem, mandatum tamen Curiae aegrotanti retulerunt. Ipſe autem uſque mane ſequentis diei petens inducias, fatetur ſe venturum in Curiam etiamſi lectica eſſet deferendus. Renuntiantibus illis in palatio quae audierant et viderant, ſecreto intimatum eſt Archiepiſcopo, quod ſi in Curiam veniret, vel trucidaretur, vel in carcerem truderetur. Craſtino ſummo m…ne venerunt ad eum Epiſcopi plures, ſuadentes ei, ut pacem Eccleſiae et evitandum tanti periculi ſcandalum, rigorem animi mitigaret, et Regis penitus ſe committeret arbitrio: adjicientes; & quod niſi fieret ſic, jam audiret in Curia Regis Perjurii ſibi crimen imponi, & tanquam Proditorem JUDICANDUM; eo quod terreno Domino terrenum honorem non ſervaret, cum a vitas regni conſuetudines, obſervaturum firmaſſet. Ad quas ſpecialiter obſervandas, jusjurandi nova ſe et alios aſtrixerat religione. At ille inquit; Fateor fratres inexcuſabilis ſum ante Deum contra Deum praeſtans juramentum: Sed quia melius est ad animum redire quam perire, legem legi Dei repugnantem non admitto. Davit male juravit, ſed poenituit: Herodes juramento ſuo stetit, & perlit. Ideo vobis praecipio, ut reſpuatis quae respuo, ſuffocantes ea quae ſanctam ſuffocant eccleſiam. Deteſtabile quidem eſt quod vos non ſolum me ſolum deſeruistis in certamine, ſed et me qualemcunque Patrem p. 232veſtrum ſam per duos dies cum Aulicis judicaſtis, qui ſimul mecum ſtare deberetis. Quod ne fiat de caetero, vobis in virtute obedientiae prohibeo, unde & matrem noſtram Romanam Eccleſiam appello. Quod ſi ut rumor est in me violenta manus injecta fuerit, vobis itidem in virtute obedientiae praecipio, quatenus diſtricta excommunicationis ſententia eccleſiaſticas injurias vindicetis. Quod audiens Gilebertus Londonienſis Epiſcopus, appellavit. Diſceſſerunt igitur Epiſcopi ad Curiam properantes. Archiepiſcopus autem in Eccleſiam ingreſſus, ſacris indutis veſtibus & pallio redimitus, devotiſſime de Sancto Stephano miſſam celebravit, officium inchoans: Etenim ſed…runt, &c. non ut alii dixerunt tanquam pro perſona ſua Officium inchoare…, ſed quia idem altare beato Stephano eſſet dedicatum juſſit Archiepiſcopus miſſam de martyre celebrari. Igitur expleto miniſterio amotoque ab humeris cum infula pallio, caeteris indutus ſacris veſtibus cappa Clericali ſuper injecta, Curiam introivit, In…raturus autem cameram qua Rex & anlici ipſius praeſtolabantur adventum, de mann Clerici, Alexandri nomine, crucem accepit, eamque manu propria portavit. Unde admirantes Epiſcopi qui eum praevenerant, aſſurgentes ei de manu ipſius quaſi pro reverentia crucem accipere voluerunt, ne iram regis crucem bajulando magis accendere videretur. Herefordenſis ſibi eam tradi petivit. Londonienſis vero eam concupivit, dicens eum non debere contra regem dominum ſuum armatum incedere: Si viderit, inquiens, Rex te armatum intrare, gladium ſuum in caput tuum exeret fortiorem & tunc videbis quid tibi proderunt arma tua. Haec ait Cantuarienſis, Deo committimus. Et Londonienſis: Stultus hactenus, inquit, fuiſti, & ab hac ſtultitia ut video non recedis, hodie in te tua fatuitas apparebit. Audiens autem Rex quod ſic Cantuarienſis Archiepiſcopus armatus incederet, ſeceſſit citius in cameram ulteriorem, ſedente hac ſeorſum Cantuarienſi ſolo fere, cum ſuis admodum paucis, Epiſcopis loco & animo ſedentibus ex adverſo. Rex autem multo ſtipatus agmine cogitabat Archiepiſcopum de clericis male tractandis p. 233primo appetere. Sed ne Epiſcopi qui jam ſolum reliquerant, pro Clericis pugnaturi ad eum redirent, fiere…que ex conſenſu in regem conflictus acrior, ex conſulto aulicorum, Rex ad alias calumpnias ſe convertit. VOCATIS igitur EPISCOPIS & PROCERIBUS, gravem et …grandem Rex deponit querimoniam, quod Archiepiſcopus ſic armatus in Curiam veniens, ipſum et ſuos omnes inaudita a ſeculis forma NAEVO NOTAVERIT PRODITORIS. Cum autem Rex inde ſupra modum excandeſceret, et univerſi fere ipſius animum ſtimularent, abierunt retrorſum etiam ipſius Archiepiſcopi adverſarii, acſi jam in caput ejus vibratum viderent gladium. Unde & in ar…o Pontifices poſiti, volvunt & revolvunt quid agendum, qualiter haec ſit neceſſitas evitanda. Et tandem ex communi conſilio, Nos, inquiun…, eum appellabimus coram Papa, de facili convincetur, SINE REMEDIO DEPONETUR. Quae cum plurimum placerent Regi, exierunt omnes Epiſcopi ad Cantuarienſem; quorum unus caeteris eloquen…ior & arrogantior, Hilarius ſcilicet Cicestrenſis Epiſcopus, prorumpens in vocem. Quandoque, air, noſter fuiſti Archiepiſcopus, et tenebamur tibi obedire; ſed quia Domino regi fidelitatem juraſti, hoc eſt vitam, membra & terrenam dignitatem ſibi per te ſalvam fore, et conſuetudines quas ipſe repetit conſervandas, & tu niteris eas deſtruere, cum praecipue ſpectent ad terrenam ſui dignitatem & honorem, ICCIRCO TE REUM PERJURII DICIMUS, & perjuro Archiepiſco de caetero obedire non habemus. Nos itaque & noſtra ſub Domini Papae protectione ponentes, te ad ipſius praeſentiam appellamus ſuper his reſponſurum. Audio, inquit Cantuarienſis, quae dicitis. Subſtraxerunt ſe itaque Epiſcopi ex adverſo ſedentes diutius in ſummo ſilentio. Rex autem interius cum Principibus ſedens pro tribunali, Euntes ait, DISCERNITE QUID PERJURUS & CONTUMAX PRODITOR DEBEAT SUSTINERE. Itur, JUDICATUR. Et a quo vel qualiter pronunciandum eſſet JUDICIUM informatur. Proceſſerunt p. 234tandem a Rege Comites & Barones cum turba multa, quorum primi & praecipui erant, Robertus Leiceſtriae, & Reginaldus Comes Cornubiae. Qui cum Archiepiſcopo quaſi improperantes retuliſſent, quae et quanta ei bona Dominus Rex contuli…ſet, tandem Comes Leiceſtriae qui erat dux verbi, caepit ſub…iliter inflectere ſermones, quaſi ad judicium Curiae in Archiepiſcopum proferendum. Prae…entiens hoc Archiepiſcopus, mox non expecta…o judicio ſurgit, proteſtans, non eſſe eorum Archiprae…ulem ſuum judicare de crimine. Non eſt, inquit, in eum ferenda ſententia qui judicem ſuperiorem appellavit, etiam ſi Laico liceret Epiſcopum judicare. Unde tibi Comes Leiceſtriae, poteſtate mihi a Deo collata ut filio Eccleſiae praecipio ne in patrem tuum ſpiritualem judicium proferre praeſumas Verum mox improperatum et inclamatum a nonnullis eſt, quod tanquam Perjurus et Proditor a Curia diſcederet. Ipſe vero ſic ſe vertens, et auſtero vultu reſpiciens r…ſpondit; quod niſi ordo ſacerdotalis obſtaret, et ſi ſibi fas eſſet, in armis bellicis a Perjurio & Proditione ſe contra ipſos defenderet. His dictis a Curia diſceſſit, et per aulam tranſiens probris multis a Curialibus affectus eſt. Cum autem januam clauſam repperiſſer, et j…nitor puero …erberando intendiſſet, accurrens quiſpiam clavem repperit, januam apperuit, patrem demiſit, & ſic pater patriae manus impiorum evaſit, &c.

King (g)(g)Gul. Nub…igenſis Rerum Angl. l. 4. c. 14, 17, 18. Hoveden, annal. pars poſterior, p. 663.680. to 735. Mat. Paris, p. 151. to 161. Holinſhed, p. 129. to 133. Speed, p. 531. &c. Godwins Catal. of Biſhops, p. 247. to 261. Fox Acts and Monuments, p. 214.223, 224. Mat. Weſtm. anno 1191.Richard the 1. Anno 1189. going to the holy Warrs, made William Longchamp Biſhop of Ely, not only his Chancellor and Chief Juſtice, but the chief Protector and Guardian of the whole Realm; who having obtained a Legatine Power alſo from the Pope, and getting the Militia, with moſt of the Kings Caſtles into his hand, proved a moſt unſufferable Tyrant to the Nobility, Gentry, Laity and Clergy, ſo oppreſſing, domineering over their perſons, Liberties▪ Eſtates, impriſoning, taxing, diſſeiſing, spoyling them p. 235of their Offices, Caſtles, Lands, Privileges, Eſtates at his pleaſure, and over-awing them with Troops of Horſe, Garriſons & New Governors ſet over and quartered in every County, and with his great Guards of armed horſe which he conſtantly kept about his perſon, that Earl John the Kings brother, the Nobility, Prelates and People, being no longer able to indure his exorbitant inſolency, intollerable Pride, Oppreſſions, Rapines, Exactions, and tranſcendent Tyranny, raiſed great forces againſt him, to regulate his Exceſſes, and bring him to Juſtice. Whereupon he being ſomewhat terrified in the 2. year of King Richard the 1. Anno 1191. Earl John, and the Biſhops, with the Prelates, Earls, and Nobles of the Realm, aſſembled in a kind of Parliamentary Council, came to an agreement touching the future ſettlement, reformation, Peace and Government of the Realm, and preventing all future tyranny and oppreſſion; which was drawn up in writing, publiſhed, ſubſcribed and ſworn, to be inviolably obſerved both by the Earl John and Chancellor, and by 14. other Earls and Barons on either ſide. One of the Articles of this Agreement (recorded at large by (h)(h)Annal. pars poſterior, p. 700, 701, 702.Roger de Hoveden) was this: Conceſſum eſt, quod Epiſcopi & Abbates, Comites & Barones, Vavaſores et liberi tenentes, non ad voluntatem Juſticiarium vel Ministrorum Domini Regis, de terris & catallis ſuis diſſeiſientur, ſed judicio Curiae domini Regis, ſecundum legitimas conſuetudines et Aſsiſas Regni tractabuntur, vel per mandatum domini Regis: (agreeable to Magna Charta, c. 29.) No ſooner had the Chancellor taken his Oath, but his forein forces he had privily ſent for ariving in England, he preſently violated it, and played the Tyrant worſe than before, commanding the Kings own Brother Geoffry, Archbiſhop of York, to be apprehended at Dover in the very Church, dragged out violently in his Archiepiſcopal robes from the Altar, and then thorough the dirty ſtreets in the ſight of all the people, who cried out after the Chancellors ſervants, who thus abuſed him. (i)(i)Hoveden Ibid. Mat. Paris Hiſt. Angl. p. 160, 161.O ignavi! quare ita ducitis illum, quid mali fecit? Archiepiſcopus eſt, & Regis filius, Regiſque p. 236frater: But they taking no notice of their clamors, carryed him to Dover Castle ▪ and there kept him Priſoner, till he was thence releaſed by Earl Johns command. The Archbiſhop coming to London complained to Earl John, the Biſhops, and other Nobles of the injury done to him by the Chancellor: ut Cancellurius juri staret in CURIA REGIS ſuper injuria illa, quam Archiepiſcopo Eboracenſi fe…erat, et Hugoni Dunelmenſi Epiſcopo. Quod cum ipſe Cancellarius facere de die in diem diſtulit, Eodem tempore ad inſtantium Comitis Johannis, Convenerunt apud pontem de Loedone inter Radingum & Wyndleſhores, die Sabbathi p…oxime poſt feſtum Sancti Michaelis ad Colloquium MAGNATES ANGLIAE, de arduis & magnis Regis & regni negotiis tractaturi. The next day the Archbiſhop and Biſhops who all came to this Parliamentary Aſſembly) meeting at Reading, excommunicated all thoſe who were aiding and aſſenting to the impriſonment of the Archbiſhop: After which, Comes Johannis, & Archiepiſcopus Rothomagenſis, & Epiſcopi & Principes Regni, ſtatueru…t illi diem peremptorium apud Ridinges. Ad diem autem illum venerunt illuc COMES Moretonii, & fere omnes Epiſcopi & Comites & Barones Regni; Et poſt diem peremptorium moram fecerunt ibi expectantes adventum Cancellarii: ſed ipſe venire noluit, nec nuntium mittere. Deinde Comes Johannes et Epiſcopi, & Barones qui cum eo erant paraverunt ſe Londoni…s ire, ut ibi in Major… audientia Londinenſium fruerentur conſilie, quid eis faciendum eſſet de Cancellario, qui ſic conturbaverat regnum & juri ſtare noluit. The Chancellor hereupon flying from Windeſhores into the Tower of London for ſhelter: Comes Johannes, & fere omnes Epiſcopi, & Comites & BARONES Angliae, eadem die (ſcil. 3. die poſt octavas Sancti Michaelis) intraverunt Londonias: Et in craſtino praedistus Johannis frater Regis, & Archiepiſcopus Rothomagenſis, & omnes Epiſcopi & Comites & Barones (& cives Londinenſes cum illis) convenerunt in atrio Eccleſiae Sancti Pauli: (where ſitting together as in a Great Parliamentary Council and Court) post longos tractatus Ricardo regi fidelitatem juraverunt. Imprimis Comos p. 237Johannis, deinde duo Archiepiſcopi, et omnes Epiſcopi, & quotquot convenerunt Comites & Barones. Deinde die Jovis proximo habitum eſt Colloquium in Orientali parte turris Londinenſis, praeſentibus MAGNATIBUS praedictis. Accuſabant praedictum Cancellarium in multis, & praecipue in injuriis quas fecit Domino Eboracenſi Archiepiſcopo, & Domino Dunelmenſi Epiſcopo. Socii autem praedicti Cancellarii, quos Rex aſſociaver at illi in regimine regni, accuſ…bant eum in multis: dicentes, quod ipſe ſpretis illorum conſiliis omnia negotia regni cum impetu, & voluntaria dispoſitione faciebat. Archiepiſcopus vero Rothomagenſis, & Willielmus Mareſcallus Comes de Strogoil, oſtenderunt coram populo literas Domini Regis figillatas: per quas Dominus Rex mandavit à Meſſana, quod ipſi aſſociarentur Cancellario in regimine regni, ut et Cancellarius ſine illorum conſil…o & aliorum aſſignatorum nihil de nego…io regis, ac regni tractaret, et ut praedictus Cancellarius, ſi ipſe quod…unque …n detrimentum Regni, vel ſine conſil…o praedictorum feciſſet, deponeretur, et loco illius inſtitueretur Rothomagenſis Archiepiſcopus. Placu… ergo Johanni fratri Regis & omnibus Epiſcopis et Comitibus, et Baronibus Regni (as Judges) & civibus Londoniarum, (which Matthew Paris and others mention not, but only Hoveden, and that as auditors, ſpectators and approvers of their Sentence) quod Cancellarius ille deponeretur, et depoſuerunt eum, & in loco ill…us inſtituerunt Rothomagenſem Archiepiſcopum, qui nihil operari voluit in regimine regni, niſi per voluntatem …t aſſenſum Sociorum ſuorum aſſignatorum, & per Conſilium Baronum Scaccarii. (k)(k)Hoveden p. 702, 703, 704.Hugh de Nuvant Biſhop of Coventry in his Epiſtle, de Dejectione Elienſis Epiſcopi Regis Cancellarii: writes of him, that by reaſon of his intollerable Tyranny and Oppreſſion: Per totam inſulam a Laicis publi…e proclama…ur: Pereat qui perdere cuncta feſtinat: opprimatur ne omnes opprimat: and then thus relates the manner and grounds of his deprivarion. Mane ergo habito Concilio cum omnibus fere Magnatibus Regni, praeſente Domino. Johanne fratre Regis. & Rothomagen…i & Eboracenſi Archiepiſcopis Epiſcopis et pruſentibus Dunelmenſi, Londinenſi, Wintonenſi, p. 238Bathonienſi, Ronenſi, No…wice…ſi, Linco…nienſi, Herefordenſi, Menevenſi, Coventrenſi, factoque Conſilio coram omni populo totius Civit…tis, praeſen… …uſtu…a…is D…mini Regis & apprebantibus Conſilio univerſorum ſtatuitur, Nota.ne talis de cae…ero in Regno Angl…ae a…mine…ur, per qu…m Eccleſia Dei ad ignominiam, & populus ad inopram erat redactus: ut en…m caetera omi…tam, ipſe et ganeones ſui totum regnum exhauſerant, nec viro baliheus, nec foeminae monile remanſ…t, nec annulus nobili, nec quodlibaet precioſum etiam alicui Judaeo. The ſaurum quoque Regis exaninaverat prorſus, ut in omnibus ſcriniis vel ſacellis nihil praeter claves de toto illo biennio poſſet inveniri. They likewiſe made him take a ſolemn Oath to deliver up all the Kings Caſtles to them, and to give pledges to perform it, and baniſhed him the realm.**Hoveden, p. 708. Deinde praedicti Justitiarii et omnes Epiſcopi et Comites & Barones Angliae in communi ſcripto mandaverunt Regi, qualiter Cancellarius ſuus regnum Angliae, & the ſauros ſuos deſtruxerat, ot qualiter ipſe per Commune Concilium regni ejectus eſt. To which (l)(l)Rerum… Anglicarum l. 4. c. 18.Gulielmus Nub…igenſis ſubjoyns. Tyranno igitur qui regnum turbaverat, propulſato EPISCOPI & OPTIMATES cum JOHANNE Londoniis congregati, de regni ordinatione tractare caeperunt. Et primo quidem ab omnibus Regis Richardi propter Chriſtum pereginantis **Omnes Magnates Regni convenerunt in unum, & juraverunt fidelitatem & fidele ſervitium RICHARDO Regi Angliae, & haeredi ſuo contra omnes homines, Roger de Hoveden, Annal. pars poſterior. page 702, 718.fidelitate jurata, regni adminiſtrationem Rothomagenſi. Archiepiſcopo DECRETO COMMUNI tradiderunt, amotiſque Miniſtris tyrannicis, provinciarum regimen melius ordinari voluerant. Quibus actis, Anglia in cunctis finibus ſuis pacem recepit, & decenri ſub novis caepit recteribus moderamine gubernari: malis plurimis quae ſub tyranno pullulaverant, atque viguerant, pariter cum ipſo eliminatis, A happy Publike change and Parliamentary reformation worthy our imitation.

p. 239In the (m)(m)Roger de Hoveden, annal. pars poſterior, p. 724, 734, 739. Mat. Weſtm. Mat. Paris, anno 1192, & 1193.year of our Lord 1193. Earl John conſpiring with the French King to deprive king Richard his brother of his Crown, kingdom, and Dominions, ſeiſing many of his Caſtles beyond the Seas, (profering the Emperour great …ums of money not to releaſe him, being then his priſoner,) and endeavouring to get poſſeſſion of the Realm of England, Anno 1194. Venit in Angliam Adam de Sincto Edmundo clericus et familiaris Comitis Johannis, mi…ſus ab eo in Angliam cum literis ad caſtella ſua munienda contra fratrem ſuum. Who coming to the lodging of Hubert Archbiſhop of Canterbury, and boaſting much of the proſperity of his Lord, and what Caſtles the French King had delivered to him as he ſate at dinner; to the great of…ence of the Archbiſhop and others; thereupon after dinner, Adam returning to his lodging in London, Major Londoniarum injecit manus in eum, & tenuit; & cae…it omnia brevia ſua, in quibus mandata Comitis Johannis continebantur, & tradidit ea Cantuarienſi Archiepiſcopo. Qui in craſtino convocatis coram eo Epiſcopis, Comitibus et Baronibus Regni, oſtendit e…s …eras Comi…is …ohannis & earum …enorem. & ſtatim per Commune Concilium Regni definitum eſt, quod Comes Johannes di…e…retur de omnibus tenementis ſuis in Anglia; & ut Caſtella ſua obſiderentur: (for this his Treaſon) & factum eſt ita. Eodem die Hubertus Cantuarienſis Archiepiſcopus, Hugo Lincolnienſis, Richardus Londonienſis, Gilbertus Roffenſis, Godefridus Wintonienſis, & Wigornienſis & Herefordenſis Epiſcopi, & Henricus Exonienſis electus, & Abbates et Clerici multi Cantuarienſis dioeceſeos convenerunt in capella Monachorum infirmorum apud Weſtmonaſterium, et ſententiam anathematis tulerunt i… Comitem Johannim, et in omnes fautores ejus et conſiliarios qui pacem et regnum Regis Angliae turbaverunt vel turbarent, niſi relicta hoſtilitate ad ſatisfactionem venirent. After which they appointed what perſons ſhould beſiege and reduce Earl Johns Caſtles, who vigorouſly executed their commands. King Richard ſoon p. 240after being enlarged returning into England, ſummoned a Great Parliamentary Council at Nottingham, the proceedings whereof againſt Earl John and others, are thus recorded by (n)(n)Annal. pars poſterior. p. 736, 737. Seldens titles of Honor, par. 2. …h. 5. p. 707.Roger de Hoveden. Triceſima die menſis Martu …eria quarta Richardus Rex Angliae celebravit prim…m CONCILII SUI diem apud N…tingham; cui interfuerunt, Alienor regina mater ejus, et Hubertus Cantuarienſis Archiepiſcopus, qui in dextris Regis ſedebat in Concilio ilio; et Gaufridus Eboracenſis Archiepiſcopus, qui a ſiniſtris ejus ſedebat, et Hugo Dunelmenſis, et Hugo Lincolnienſis, et W…llielmus Elienſis regis Cancellarius, et Willielmus Herefordenſis, & Henrious Wigornienſis, et Henricus Exonienſis, et Johannes Candidae Caſae Epiſcopi: Et Comes David frater Regis Seotiae, & Hamelinus Comes de Warenna, & Ranulfus Comes Ceſtriae, et Willielmus Comes de Ferreres, & Willielmus Comes de Salisberia, & Rogerus Bigot. Eodem die Rex diſſeiſivit Gyrardum de Canvilla de Caſtello, & Vicecomitatu Lincolnienſi, et Hugonem Bardulf de Vicecomitatu Eboracenſis ſciriae, et de Caſtello Eboraci et de Scardebur…, & de cuſtodia de Weſtmerland (for their diſloyalty towards him) et omnia ſupradicta diſpoſuit venditioni, &c. Triceſima prima die menſis Maii, Rex Angliae celebravit ſecundum diem Concilii …ui: in quo ipſe petiit ſibi fieri judicium de Comite Iohanne fratre ſuo, quod contra fidelitatem quam ei juravera…, Caſtella ſua occupaverat et tertas ſuas tranſmarinas et ciſmarinas deſt…uxera…, et foedus cum inimico ſuo Rege Franciae contra eum inierat: Similiter & de Hugone de Nunant Coventrenſi Epiſcopo SIBI FIERI JUDICIUM poſtulavit, qui ſecreti ſui conſcium eum reliquerat, et Regi Franciae et Comiti Johanni inimicis ſuis adhaeſerat, omne malum in perniciem regni ſui machinans. ET JUDICATUM EST, quod Comes Johannes, et Epiſcopus Coventrenſis citarentur, & ſi intra quadraginta dies non venerint, nec juri ſteterint, JUDICAVERUNT COMITEM JOHANNEM DEMERUISSE REGNUM, & Epiſcopum Coventrenſem p. 241ſubjacere judicio Epiſcoporum, in eo, quod ipſe Epiſcopus era…, et JVDICIO LAICORVM in eo, quod ipſe Vicecomes Regis extiterat. Secunda die menſis Aprilis Sabbato celebravit diem quar…um, & ultimum Concilii ſui, in quo omnes, tam Cleri…i quam Laici qui volebant ſibi conqueri de Archiepiſc: Eboracenſi, fecerunt queremonias multas de rapinis et injuſtis exactionibus: ſed Archiepiſcopus Eboracenſis nullum eis dedit reſponſum. Deinde per conſilium et machina…ionem Cancellarii ut dicitur) Girardus de Camvilla fuit retatus de receptatione praedonum, qui rapuerunt bona Mercator…m euntium ad nundinas de Stanford: et ab eo receſſerunt ad rapinam illam faciendam, et de rapina illa redierunt ad eum. Praeterea appellaverunt eum DE LAESIONE REGIAE MAJESTATIS, in eo quod ipſe ad vocationem Ju…titiarium Regis, venire noluit, nec juri ſtare de praedicta receptatione rap…orum, neque eo… ad juſtitiam regis producere: Sed reſpondit; Se eſſe hominem Comitis Johannis, et velle in curia ſua juriſtare. Prae…erea appellaverunt eum, quod ipſe fuit …n viet adjutorio cum Comite Johanne et aliis inimicis Regis ad Caſtella Regis de Notingham et de Tikehill capienda. Girardus vero de Camvilla negavit omnia quae objiciebantur ei ab illis, et illi dederunt vadium de proſequendo, et Girardus dedit vadium defendendo ſe per unum de liberis hominibus ſuis. A clear evidence of the form of proceedings in our Parliamentary Councils in that age againſt Traytors and other Offenders there impeached, accuſed in criminal cauſes, and of the Lords antient undiſputable right to give judgment therein, both in caſe of Peers (as Earl John, the Biſhop of Chicheſter, and Archbiſhop of York then were) and in caſe of Commoners, Girard de Camvil (as I take it) being then no Peer or Baron of this Realm, but only a Servant to Earl John, though afterwards in (o)(o)Hoveden, p. 811.King Johns reign I finde him numbred amongſt the Barons, who were Witneſſes to the homage and Oath of Allegiance made by William King of Scots to King John. Earl (p)(p)Mat. Paris p. 169.John ſoon af…er coming p. 242to his Brother King Richard, ca… himſelf down at his feet, and with many tears, confeſſing his folly, ill counſel and practices againſt him craved his pardon; whereupon he received him into his favour, and preſently reſtored his lands which he had ſeiſed into his hands as forfeited by the Parliaments ſentence denounced againſt him for his treaſon.

The (q)(q)Mat. Paris Hiſt. Angl. p. 218. See Seldens Titles of Honor, part. 2. c. 5. p. 707.Pope in the year 1208. having interdicted the whole Realm of England, King John thereupon fearing that he would likewiſe excommunicate him and abſolve his Nobles from their Allegiance to him; to preſerve his royalties, ſent a Company of armed Soldiers to all the Potent Nobles of the Realm, and eſpecially to thoſe he ſuſpected, exacting **See Clauſ. 7 H. 3. m. 8. The Barons of the Marches of Wales ſummoned to put in their Sons for Hoſtages to the King.Hostages from them, that ſo if they ſhould afterwards be abſolved from their allegiance, he might reduce them to due obedience. Many ſubmitted to the Kings commands, and delivered ſome their Sons, others their Nephews, others their Kinſmen for hoſtages to the Meſſengers. Who at laſt coming to William de Brauſe a Noble man, and requiring pledges from him as they had done from others, found a repulſe. For Matilda his wife out of a womaniſh procacity, taking the word out of her husbands mouth, anſwered the Meſſengers: I will not deliver my children into the hands of your Lord King John, becauſe he moſt diſhonourably ſlew his Nephew Arthur, whom he ought to have honourably kept and preſerved. Which her Husband hearing, rebuked her, ſaying; That ſhe had spoken like one of the fooliſh women againſt our Lord the King; for if I have offended him in any thing, I am and will be ready to anſwer my Lord, and that without hoſtages, SECUNDUM JUDICIƲM CƲRIAE SUAE ET BARONUM PARIUM MEORUM aſſignato die & loco. The Barons in that age being to be judged and tried only by their Peers, and that in the Kings Court of Parliament, for any offences againſt the King; not by the Commons or any inferiour perſons.

In the year of Chriſt 1233. (r)(r)Mat. Paris, p. 370, 371.372. to 384. Mat. Weſtm. an. 1233.1234King Henry the 3. removing moſt of his Engliſh great Officers and Councellors p. 243from his Court, and placing Poic…o …es and Aliens in their room, by whole Counſel he was wholly ſw…yed & miſguided (eſpecially by Peter de Rivallis) qui homines Angliae naturales, & Nobiles totis viribus opprimebant, proditores eos vocabant, quos etiam de proditions apud Regem …ccuſabant▪ …ne…aurorum …e…iam ſuorum Rexeis cuſtodias cum …egibus pat…ii & judicii… commiſit. Quid plura? Judicia commit…ntur injuſtis, leges exlegibus, juſticia inj…rioſis. Et eum NOBILES de regno, & in regno de oppreſſionibus ſibi irrogatis, coram Rege cauſam deponerent, Petro Epiſcopo impedience, non fuit qui eis juſtitiam exhiberet, &c. Cumque his & conſim…ibus injuriis RICHARDUS COMES, regni MARESCHALLUS, vider…t tam NOBILES quam ig…bbiles op…rimere, & i…ra regni penitus deponere, zelo juſtitiae provocatus, aſſociatis ſibi quibusdam Magnatibus ad Regem, audacter acceſsit, increpans eum audientibus multis, quod per pravum Conſilium advocarat extraneos Pi…tavienſe, no preſſionem r…gni, & hominum ſuorum de regno naturali…m, LEGUM PARITER AC LIBERTATUM. Unde Regem humiliter …ogabat, u… tales exceſſus corrigere feſtinarer, per quos Coronae ſuae & regni ſui ſubverſio immineba…. Affirmabat inſuper, quod ſi hoc emendarc diſtugerer, IPSE ET CAETERI DE REGNO MAGNATES, tamdiu ſe ab ipſius conſilio ſubtraherent, quamdiu alienigenarum conſortio frueretur: Ad haec autem reſpondens Petrus Wintonienſis Epiſcopus, dixit, quod bene licuit Domino Regi extraneos quoſcunque vellet vocare ad defenſionem Regni ſui & Coronae, & etiam tot & tales, qui poſſent homines ſuos ſuperbos & rebelles ad debitum compellere famulatum. Comes vero Mareſchallus, & caeteri MAGNATES perturbati a Curia recedentes, cum aliud non poterant habere reſponſum, firmiter promiſerunt ad invicem, quod pro hac cauſa, quae omnes tangebat, uſque ad diviſionem corporis & animae, viriliter dec…r arent. After which the King with the Biſhops advice filling all England with p. 244Po…o…ovines newly called over; and being wholly guarded, counſelled, ſwayed by them, out of hatred and contempt to the Engliſh Nation… Rex mi…is li…eris f… is, …ocavi… omnes de regno Comites et Barones ad colloquium, … apud Oxoniam, … …m Sancti …ohannis, ſed ipſi noluerunt ad ejus mandatum ve…ire, tum prop…er in…idias al…enigenarum, …um prop…er indignationem quam conciperant adverſus Regem, qui ex…ran… os ad eorundem Baronum vocavit con…emp…um. Et cum hoc Regi per nuncios ſolennes denunciaſ…ent, iratus eſt vehementer & judicialiter juſsit diffinire, quo ordine debeat eos compellere ad ſuam Curiam (the Parliament) convenire ▪ Tunc decretum eſt per **Of the Lords who appeared.judicium, ut ſecundo et tertio vocentur a Rege, ut probet …venire ve …in…, ve…non. Significavit ergo Rex MAGNATIBUS memoratis, ut venirent apud Weſtmonaſtirium quinto Idus Julii, AD COLLOQUIUM, & ibi per eorum conſilium emendaret, quicquid de ju…e noverat corrigendum. Sed cum audiſſent Magnates prae…ati, quod paulatim applicuerunt in regno praedones multi cum equis & armis a Rege invitati; cum nullum pacis vidiſſent veſtigium, ſuſpectas habentes Pictavenſium innaras verſutias, ſuperſederunt ad diem …bi ſtatu…um venire; denunciantes Regi per nuncios ſolennes, quatenus omni dilatione remota, Ejicerer Pet…um Wintonienſem Epiſcopum, & c…eceros Pictavenſes de Curia ſua: Sin autem nolle…, ipſi omnes, de communi Concilio totius regni ipſum cum iniquis Conſiliariis ſuis a regno depellerent, et de novo Rege creando contractarent. His ira ge…is, Rex animo …on…ternatus eſt vehementer, et ejus Curia tota, vultum demittentes, & non mediocriter me…entes … fiet error filii patris errore deterior, quem homines ſui de fa…igio …egni deponere ſatagentes, ad illud nomen quod ei per quoddam prae…agium datum eſt, ſcilicet Iohannes Extor…is, fere derruſerunt Tunc Petrus Epiſcopus Con…ium Regi dedit, ut a…ma moveret contra rebelles homines ſuos, & Caſtella eorum & terras Pictavenſibus p. 245con…erre…, qu…regnum Angliae a ſ…is proditoribus tuer…tur. The King following his evil counſel. ſpoiled Gilbert Baſſet a Nobleman of a Mannor given him by King John, and when he demanded reſtitu…ion of it, called him Traytor, and threatned to hang him unleſſe he departed his Court… he alſo impriſoned Sir▪ Ric. Swa…d and ſuſpecting all the other Nobles and Great men of the Realm, demanded hoſtages from them, ſignifying to them all by his Letters, that before the Calend… of Auguſt they ſhould preſent to him ſo many and ſuch hostages; wherewith they might remove all ſuſpition of jealouſie out of his mind. Cumque Comites ac Barones Angliae in magno militiae appar… … COLLOQƲIUM Calend. Auguſt… ſibi praeſticum▪ the Earl Marſhal being informed by his Siſter Iſabel, as he was going thither, that ther were ambuſhes laid to take him by his enemies, to preſent him to the King and Biſhop of Wincheſter, who would impriſon and deal with him as they had done with Hubert Earl of Kent; he thereupon departed in the night and poſted into Wales to avoid the danger. Venerunt autem AD COLLOQUIUM praedictum, Comes Ceſtriae, Comes Lincolniae, Comes de Ferrariis, & Comes Richardus Frater Regis, cum aliis Comitibus & Baronibus multis▪ ſed nihil ibi actum fuit propter abſentiam Comitis Mareſchalli, et Gileberti Baſſet, et quorundam aliorum abſentium Magnatum (the Lords refuſing to act, ſi…, or grant any thing to the king whiles the…e eminent Members were abſent,Nota. and their Houſe no full.) Unde Rex per Conſilium Epiſcopi Wintonienſis & Stephani de Segrave fecit invitari per literas omnes de regno Magnates, qui ſibi ad militare ſervitium▪ renebantur, ut venirent apud Gloverniam cum eq…is & armis die Dominica ante Aſſumptionem beatae Mariae. Sed Richardus Mareſchallus, & alii multi qui fuerunt confaedera…i, cum venire noluiſſeut ad diem ſtatutum, fecit Rex, ac ſi proditores eſſent, villas eorum concremari, pa…cos & vivaria eorum deſtruere, caſtella obſidione vallare; the King outlawing them of Treaſon: p. 246Whereupon there aroſe a war and many skirmi…hes between the Kings party and Poictovines, & the Earl Marſhal and his Confederates for near two years ſpace.

**Mat. Patis, p. 381, 382.Anno 1234. Rex Anglorum venit ad COLLOQUIUM apud Weſtmonaſterium in Purificatione beatae Mariae, in quo quoſdam Epiſcopos & maxime Alexandrum Ceſtrenſem Epiſcopum, graviter increpavit de n…mia familiaritate Comitis Mareſchalli, & quod ipſum a regni ſ…lio depellere nitebantur. Epiſcopus autem ille, Pontificalibus indutu, cum talia ſibi objecta cognoviſſe…, ne…non quoſdam qui Regi ſuggeſſerant exaſperando; Epiſcopos foventes partes Mareſchalli, velle alium Regem erigere, commotus eſt vehementer. Excommunicavit igitur in continenti omnes qui contra Regem iniquitatem hujuſmodi ſceleris cogitabant, vel ſuper Epiſcopos, qui omnino de ſalute & honore regis ſollicitabantur, malitioſe talia imponebant. Et ſic manifeſtata Epiſcoporum ac probata innocentia, confuſis diſcordiae ſeminatoribus, ſiluit legiſta (Rogerus de Cantelu) ab anathemate ut videbatur, non immunis. Sic igitur intervenientibus Epiſcopis, qui aderant, pacificatus eſt Alexander Ceſtrenſis Epiſcopus, & quievit ſpiritus illius nimis ante amaricatus. Affuit quidem hinc COLLOQUIO Magiſter Aedmundus Cantuarienſis Electus, cum multis Epiſcopis ſuffraganeis, qui omnes Regis, & Regni deſolationi condolentes, venerun… ad Regem, & quaſi uno corde, animo et ore dixerun…: Domine Rex, dicimus vobis in Domino, ut fideles veſtri, quod conſilium quod nunc habetis, & quo utimini non eſt …anum nec ſecurum, ſed crudele & periculoſum vobis et regno Augliae, Petri videlicet Wintonienſis Epiſcopi, & P…tri de Rivallis, & complicium ſuorum. Imprimis, quia gentem Anglicanam odio habent & contemnunt, vocantes eos proditores, & facientes omnes ſic vocari, & avertentes animum veſtrum ab amore gentis veſtrae, & corda noſtra, & gentis veſtrae a vobis; quod apparet in Mareſchallo, qui melior homo eſt terrae veſtrae, quem per mendacia interſeminata a vobis elongantes perverterunt. Et per hoc idem conſilium, ſcilicet per p. 247dictum Epiſ…opum, amiſ… Pate… veſter Rex Johannes, primo corda gentis ſuae, deinde Norma…mam, poſt alias terras, & in fine totum the the…aur…me exhau…ie▪ & …ere Dominium Angliae, & nunquam po…ea pacem habuit. Per idem con…ilium tempotibus noſtris, turbatum fui… reguum, & venit interdictum; et denique factum eſt regnum tributarium▪ et princeps provinciarum fact…s eſt pro… do…or ignobilibus ſub …ibuto, et inita guerra et diu protelara, mortuus eſt pater veſter quaſ… extorris, nec in pace regni vel animi, et h… mortem per eo… admodum incurrit periculoſam. Per idem conſilium contra vos detentum …uit Caſtellum de Bedeford, ubi multum theſaurum, et ſtre…uos nomines perdidiſti: ob quam cauſam interim Rupe…am in ignominiam totius regni tui amiſiſti. Item perturbatio nunc imminens toti regno periculoſa, per eorum conſilium iniquum accidit, quia ſi per juſtitiam et rectum judicium terrae tractati fuiſſent, homines veſtri, non eveni…et iſta perturbatio, et haberetis terras veſtras non deſtructas, et theſaurum inexhau…lum. Item in fide dicimus, qua vobis aſtringimur obligati, quod conſilium veſtrum non eſt pacis, ſed perturbationis terrae,Nota quia ſic creſcere volunt, qui per pacem non poſſunt, ſcilicet per regni perturbationem, et aliorum exhaeredationem. Item, quia Caſtra veſtra, et fortitudinem veſtram habent in manu ſua, quaſi de gente veſtra diffidere debeatis. Item quia …caccarium veſtrum, et omnes cuſto ias et eſchaet…s maximas habent in poteſtate ſua, placet …alis expectatio, et quomodo vobis reſpondebunt in fine, ut credimus comprobabis. Item, quia niſi per ſigillum veſtrum, vel praeceptum ſine ſigillo Perri de Rivallis, vix aliquod magnum nego…i…m …it in regno, quaſi …vos pro Rege non haberent. Item, per idem conſilium naturales homines de regno veſtro de curia veſtra expulſi ſunt: unde …imendumeſt tam de vobis quam de regno, cum videamini magis eſſe in eorum poteſtate, quam ipſi in veſtra ſicut per plurima conſtat exempla. Item, quia pnellam de Britannia, et ſororem veſtram habent p. 248in poteſtate, et alias plures puellas nobiles, et alias mulieres nubiles, cum wardis et maritagiis quas dant ſuis, et diſparaban…. Item, quia legem terrae juratam et confirmatam; atque per excommunicationem corroboratam, pariter et juſtitiam confundunt et pervertunt, un…e …imendum eſt, ne ſin… excommunicati, & vos eis communicando. Item, quia non obſervant alicui promiſſionem, fidem, vel juramentum, vel ſcripturae munimentum, nec timent excommunicationem. Unde qui a veritate receſſetunt, ſunt deſperati, ut qui in timore remanent diffidentes. Haec autem fideliter vobis dicimus, et coram Deo et hominibus conſulimus rogamus et monemus, ut tale conſilium amoveatis a vobis, et ſicut eſt in aliis regnis conſuetudo, regnum veſtrum tractetis per fideles homines veſtros et juratos de regno veſtro. Denunciamus enim vobis in veritate, quod niſi infra breve tempus iſta correxeritis, in vos, & in omnes alios contradictores, per cenſuram eccleſiaſticam procedemus, nihil niſi conſecrationem venerabilis Patris noſtri electi Cantuarienſis expectantes. Et his ita dictis, Rex humiliter poſtulavit inducias, dicens, ſe non poſſe ita ſubito conſilium ſuum amovere, donec de theſauro ſuo illis commiſſo, ratiocinium audiſſet. Et ſic ſolutum eſt COLLOQUIƲM, recedentibus cunctis cum fiducia concordiae celeriter ob inendae.

(s)(s)Mat. Paris p. 383.On the 5 of April following, Convenerunt ad COLLOQƲIUM apud Weſtmonaſt. REX CUM COMMITIBƲS ET BARONIBUS, & Archiepiſcopus nuper conſecratus, cum ſuis ſuffraganeis, ut regno perturbato ſalubriter providerent, Archiepiſcopus quidem conjunctis ſibi Epiſcopis, accaeteris qui aderant Praeclatis, oſtendit ei conſilium ſuum & Epiſcoporum, ſuper deſolatione regni, & periculo imminenti, replicando ſupraſcripta incommoda, in COLLOQUIO ſuperius habito ſibi expreſſa. Denunciavit etiam ipſi expreſſe, quod niſi celerius errorem dimitterei, & cum fidelibus regni ſui pacifice componeret, ipſe in continenti cum omnibus qui aderant Praelatis, IN IPSUM REGEM SENTENTIAM FERRET EXCOMMUNICATIONIS, & in p. 249omnes alio… hujus pacis contradictor…s et concordi… perverſones. Rex autem pius audiens conſilium Praelatorium, humiliter reſpondi…, quod conſiliis eorum in omnibus obtemperaret: unde poſt dies pauco…, intellige… proprium errorem, po…uitentia ductus, …raecepit Petro Wintonienſi Epiſcopo, ut pergens ad Epiſcopatum ſuum, curis intenderet animarum, et de caeteris Regiis negotiis nequiquam intereſſe…. Petro eti…m de Rivallis immurabiliter juſſit, cujus Angli… …ota diſpenfacionibus ſubjacebat, ut redditis ſibi Caſtellis ſuis, & ratio…inium de theſauris in continenti reddere…, et a Curia recederet; affirmans cum juramento, quod niſi beneficiatus et in ſortem …lo…i…orum eſſet admiſſus ipſe ei ambos oculos eruere faceret. P…tavienſes inſuper omnes …am de Curia ſua, quam de caſtrorum preſidiis expellens, remiſit in patri…m ſuam, praecipiens ut ultra faciem ſuam non viderent. Et ſic Rex dimiſſis iniquis Conſiliariis ſuis, revocavit ad obſeq…ium ſuum naturales homines de regno ſuo, ſubjiciens ſe conſilio Archiepiſcopi et Epiſcoporum, per q…os ſperabat regnum perturbatum, ad ſtatum proſperum revocare. Soon after the King (as appears by Clauſ. 18 H. 3. m. 19.) by the advice and judgement of the Archbiſhops, Biſhops, Earls, Barons, and other his Great men in the Parl. at Glouceſter, reverſed and nulled all the Outlawries againſt Hubert Earl of Kent, Ralph Baſſet, and other adherents to the Earl Marſhal, eo quod injuste, et contra legem terrae in eos fuerant promulgata, (which he cauſed the Sherifs publikely to proclame;) recalled Hugh de Burgo Earl of Kent, Gilbert Baſſet, S…r Richard Sward, whom he had formerly baniſhed, impriſoned, injured, cum omnibus qui cum eis, et pro eis in exilium fuerunt pulſi; in gratiam ſuam plenam et non fictam revocavit, et eis in oſculo pacis receptis reddidit omnia jura ſua, IN COLLOQVIO 510 Calend Junii; admitting (in this Parliament) the ſaid Hubert, Gilbert, and Sward, to be his domeſtick ſervants and familiar counſellors: runc demum intelligens, quod primum fuerat ſeductus aſtutia conſiliatorū ▪ In the mean time R.E. Marſhal p. 250being treacherouſly ſlain in Ireland, by a Letter ſent hence from the Kings ill Counſellors under the Kings Seal; hereupon, in eodem Colloquio, Aedmundus Cant. Archiepiſcopus fecit recitari exemplar literarum, de proditione Richardo Comiti praeparata coram Rege et unverſo Conventu Epiſcoporum, Comitum pariter ac Baronum qui affuerunt, quae a Conſiliariis regis mi…ae fuerunt ad Magnates in Hybernia. Unde Rex ipſe et alii omnes qui eas audierant, admodum ſunt conſtricti, & uſque ad lachtymarum compuncti ſunt effuſionem. Rex autem confeſſus eſt in veritate, quod compulſus ab Epiſcopo Wintonienſi et Petro de Rivallis & aliis Conſiliariis ſuis, juſſit figillum ſuum apponi in quibuſdam literis ſibi praeſentatis, ſed tenorem eorum ſe nunquam audiſſe cum juramento affirmavit. Ad hoc reſpon…um Archiepiſcopus dixit, Scrutamini Rex conſcientiam veſtram, quia omnes illi qui literas illas mitti procuraverunt, et hujus proditionis conſcii fuerunt, rei ſunt de morte Mareſcalli, ac ſi illum propriis manibus occidiſſent. Tunc Rex, HABITO CONSILIO, fecit vocari per literas Epiſcopum Wintonienſ…m, Petrum de Rivallis, Stephanum de Segrave, et Robertum de Paſſeleve, ut venirent ad feſtum Sancti Johannis, ratiocinium reddituri de theſauris ſuis receptis pariter & expenſis, ſed et de ſigillo ſuo quod male tractaverant, ipſo penitus ignorante, mandavit ut tunc venirent RESPONSURI ET JURI PARITURI. Sed illi proprias conſcientias habentes ſuſpectas in omnibus, ex una parte Regem, ex altera fratres et amicos metuebant Mareſcalli, cujus necem procuraſſe videbantur. Unde ad pacem Eccleſiae confugients, Epiſcopus et Petrus de Rivallis in Eccleſia Cathedrali apud Wintoniam latitabant, a conſpectu hominum ſeſe penitus ſubtrahentes. Stephanus vero de Segrave in Eccleſia Sanctae Mariae in Abbatia Canonicorum apud Legeceſtriam delituit, et qui prius a clericatu ad militiam per arrogantiam confugerat, ad clericatus officium reverſus, coronam quam reliquerat, inconſulto Epiſcopo revocavit. Robertus quoque Paſſeleue ad latibulum divertit incognitum, p. 251&c. Sed revera ad Novum templum, …e infirmum ſimulans, in quodam ſecreto celatus cellario la…itabat, more tectus leporino. Tandem Aedmundus Cant. Epiſcopus, impetravit a Rege, ut ſub ſalvo conductu ipſius et Epiſcoporum poſſunt ad diem certum coram illo …enite, ut omnis in regno diſſentionis occaſio ſopiretur. Statuit igitur illis diem Rex pridie Idus Julii apud Weſtmonaſterium, ubi ſub protectione Archiepiſcopi et Epiſcoporum ad Regis praeſentiam ſunt producti. Petrus de Rivallis primus in cauſam vocatu…, apparuit coram Rege in habitu clericali, cum tonſura et lata corona, Regem…ue reverenter ſalutavit cum Iuſticiariis ſu…s in Banco ſedentem. Quam Rex torvo reſpiciens oculo, O PRODITOR inquit, per iniquum conſilium tuum, ſigillum meum ignorans appoſui literis de proditione Comitis Mareſchalli. Per tuum etiam pravum conſilium, ipſum et alios de regno meo homines naturales et eorum animos à me pariter, & amorem averti. Per pravum etiam conſilium tuum et complicum tuorum, guerram contra illos movi, in jacturam irreſtauribilem, et regni opprobrium, per quam guerram theſaurum meum et vitam multorum illuſtrium, ſimul et honorem meum amiſi lamentabiliter. Exigit igitur Rex praeterea ratiocinium de theſauro ſuo et cuſtodia puerorum nobilium et eſcheatarum cum aliis proventibus multis, quae ad Coronam ſpectabant. Cumque haec et alia multa Rex ab eo ſub proditionis nomine exigiſſet; nihil omnino de objectis ſibi criminibus negavit, ſed coram Rege in terram corruens, per haec verba ejus miſericordiam imploravit. Domine Rex, inquit, nutritus ſum a vobis et in bonis temporalibus dives factus; ne confundes hominem quem creaſti, ſed concede ſa…tem tempus deliberandi, ut de rebus exactis, competenter vobis valeam reddere rationem. Cui Rex: Mittam te iu Turrim Londinenſem ut ibi deliberes donec mihi ſatisfacias praevia ratione. Ad haec Petrus, Domine, Clericus ſum, nec debeo incarcerari, vel ſub Laicorum cuſtodia deputari. Reſpondit Rex: Te ut laicum hactenus geſſisti, a te agitur ut Laico, cui meum commiſi theſaurum, exigo. Ʋeruntamen p. 252e…e pro ſens eſt Archiepiſcopus, qui ſi pro te fidi…ubere voluerit; tradam te illi ut mi…i …tisfaci…t de exactionibus ſupradictis. Ad quod cum ſilui…ſe… Archiepiſcopus, miſit Rex praedictum Petrum in Turrim memoratam, accipie…s in manus ſuas omnes laioas poſſeſſiones ejus, quia ſub habitu clericali l…ica erat induius, geſtans anela…ium ad lumbare, quod clenicum non decebat. Et tunc P…t…us fle…it amare, ſcilicet ingredie…s n… ioulum … ducendus ad turrim ſupradictam. Fuit autem in ea die Jovis, et ſ…quenti die Veneris. Et tunc ab Archiepiſcopo liberatus, apud Wintoniam perductus eſt, et in eccleſia dimiſſus cathedrali.

Apparuit autem eadem die in Regis praeſentia Stephaphanus de Segrave, veniens ſub protectione Archiepiſcopi, de rebus ſibi impoſitis reſ…onſu…u…. Qui cum ſtaret in judicio Juri pariturus; increpavit eum Rex ſub nomine nequiſſimi proditoris, de domnibus articulis de quibus increpave…at Petrum de Rivallis; hoc etiam ad…iciens, quod conſilium dederat et, ut Hubertum de Burgo ab offici… Juſticiarii amoveret, incarceraret, patibulo ſuspenderet, & Nobil…s de regno exilio relegaret. Cumque haec & alia multa ei impoſuiſſet ſlagitia, exegit ab eo ratiocium de oſſicio Juſticiarii, quod ſub eo miniſtraverat poſt Hubertum de Burgo, de rebus receptis pariter et …xpenſis. Super his autem Archiepiſcopus et Epiſcopi impetraverunt inducias a Rege uſque ad feſtum S. Michaelis, ut deliberandi tempus haberet. De pravis quoque conſiliis ſibi imputatis, alios altiores eo medios ſcilicet int…r Regem et eum quibus neceſſe habuit immediate reſpondere, nepote W…lierum Carleolenſem & Petrum de Rivalli… non me redarguat. Et ſic de aliis umbonem f…oiens receſſit, in alios crimen retorquendo. Et ſic abſdondit ſe iterum Robertus Paſſeleue. The King made Hugh de Pateſhulle, an honeſt and faithfull man chief Juſtice of England, much againſt his will, in Paſſeleues place. And at the Archbiſhops requeſt, in the ſame Parliament, reſtored to Gilbert, Brother and heir to murdered Richard Earl Marſhal, all his inheritance both in England and Ireland, p. 253received his homage, knighted, and gave him the rod of his Marſhals Court, as the manner is, to hold that office as well and freely as his anceſtors enjoyed it. And ſo this Civil warr and Combuſtion between the King and his Nobles was fully reconciled.

I have tranſcribed this Hiſtory, and theſe Parliamentary proceedings at large out of Matthew Paris. Firſt, to manifeſt the Gallantry, Courage, Zeal, Vigilancy, Unanimity of our Nobles, Lords, Barons, and Prelates in that age, in oppoſing, reprehending the King himſelf to his face, and threatning to depoſe and excommunicate him, both in and out of Parliament, for entertaining foreigners and ill counſellors about him; neglecting, hating, baniſhing his own Nobles and natural Subjects as Traytors, without any juſt cauſe or legal trial, and ſubverting, confounding their Lawes, Liberties, Juſtice, &c. 2ly, To manifeſt the proceedings, impeachments in theſe Parliaments againſt the Earls and Nobles refuſing to appear at theſe Parliaments upon the Kings theſe ſucceſſive Writs of Summons; his outlawing them of high Treaſon, and ſpoiling, burning, ſeiſing their houſes, Lands thereupon, being adjudged by the Lords in Parliament, to be illegal and afterwards reverſed as unjuſt and against the Law, Clauſ. 18. H. 3. m. 19. 3ly, To manifeſt, that the Lords in Parliament would not act any thing in the abſence of theſe eminent Lords refuſing to appear. 4ly, To evidence the Sentence and Juſtice of the King and Lords, againſt theſe ill Counſellors, Aliens and Traytors to the Publique, whom they cauſed to be removed from the King, Court, Kingdom, put from their publike Truſts and Offices, called to an account, publikely arraigned before the King himſelf and his Juſtices; by whom they were impriſoned, their lands confiſcated, and better Counſellors of State and Judges put into their places.

**Mar. Weſt. p. 1531Anno 1240. Accuſatus eſt graviter Comes Cantiae Hubertus de Burgo CORAM REGE ET CURIA TOTA London: ubi poſt mult…s diſceptationes, ut ira…undia Regis, quae immoderate nimis con… ipſum p. 254excanduerat, quieſceret, ADJUDICA…UM EST, ut quatuor Caſtra ſua Chariſſima (ſcilicet Blancum Castrum, Groſmunt, Scenefrithz, & Haetfeild) Domino Regi… reſignaret, ut caetera ſibi cum Regis benevolentia in pace remanerent.

(x)(x)Mat. Paris p. 938.Anno 1258. The Nobles complained in Parliamnnt of the Kings advancing his half Brothers, who were aliens, ſwaying all things, and impoveriſhing the Realm, and of their intollerable pride, inſolency, and injuries; and the Earl of Leiceſter particularly complained to the Parliament of William de Valentia; non tam…n Regi ſed univerſitati praecordialiter est conqueſtus, exigens inſtanter ſibi justitiam adhiberi. The (y)(y)Mat. Paris p. 940, 241. Mat. Weſtm. p. 277, 278.ſame year the Great men and Nobles of the Land, Videntes Regnum undique deſolatum, tum exactionibus & tallagiis tam Curiae Romanae quam Regis, quam etiam alienigenarum, & praecipue Pictavenſium elatione praeſumptuoſa, fivore regio in regno nimium in ſublimi provecta, tantas in Anglia Dominationes ſibi uſurpantium & magisteria, …oſt Pentecosten apud Oxon. COLLOQUIUM GENERALE CELEBRAVERUNT (being ſummoned to this Parliament by the Kings Writ) ſuper hiis, necnon & ſtatus regni melioration… efficaciter & exquiſite tractaturi. Quo non ſine armis & equis electiſſimis muniti venerunt, ut ſi Rex & alienigenae ſui… proviſionibus, & ſtatutis ſponte contemnerent aſſentire, vigore oppoſito cogerentur, aut ipſi alienigeni univerſaliter, ſine morae regnum Angliae poenitus evacuarent, Quas quidem proviſiones Oxon. & stat. necnon ET MAGNAM CHARTAM TAM DE LIBERTATIBUS ET DE FORESTA; tandem Domino Rege ad ſuorum PROCERUM obſervantiam ſtatutorum inclinato, per quēdam de ſuis militibus tactis ſacroſanctis juramētum praeſtante, 24 prudentium virorum & Nationis Anglicanae, quos ad Regni gubernationem ſub eodem duxerint inter ſe eligendos, conſilio ſe commendavit & conſideration…. His igitur p…ractis fidelitatem Regi & regni ET AD CONSIDERATIONEM SUORUM PARIUM STARE omnes, quotquot in regno commorare vellent, fecerunt jurare The Nobles in this Parliament required, that all the Poictovines p. 255might ſurrender up all the Caſtles they held in England into the Kings hands; Whereupon they peremptorily ſwore by the paſſion and wounds of Chriſt, that they would never doe it whiles they breathed. Whereupon the Earl of Leiceſter ſaid to William of Vairencia, the moſt inſolent of them all, That he ſhould either ſurrender up the Castles he held of the Kings, without delay, VEL CAPUT AMITTERET on he ſhould loſe his head. Similiter ALII COMITES ET BARONES DICEBANT etiam conſtructiſſime aſſertione conſistentes. The Poictovines being very much terrified with theſe words; not knowing what to doe, and fearing to fly to any Caſtle, leſt they ſhould there be beſieged and ſoon taken or ſtarved by the Lords, fled ſecretly and ſpeedily from the Parliament to Wincheſter; not ſparing their horſes ſides, and ſetting ſpies upon hills and Towers to obſerve whether the Barons purſued them; who hearing of their flight, commanding all their followers to arm themſelves, and diſſolving the Parliament, without adjourning it to any certain day, (z)(z)Walſingham Ypodig. Neuſtriae, An. 1258. p. 61, 62. Mar. Weſt. p. 278. Mat. Paris, p. 222.purſued them to Wincheſter; where the King and Nobles holding another PARLIAMENT, the Poictovines JUDIDIUM EXPECTARE NOLENTES, nec auſi exhibitionem JUSTITIAE, quae ſingulis ſecundum juramentum REGIS & PROCERUM debebatur expestare (being the ſole judges of them in Parliam. for their exorbitant offences) they preſently fled out of the Realm beyond the Sea, to avoid their ſentence. Hereupon (a)(a)Mat. Paris p. 945.Significatum eſt literatorie, ad multos etiam quos praedicti Pictavienſes impudentur offenderant; ut …nerelam ſuper hoc repone…res▪ oſtenderent Maguatibus Regni da…a ſibi a dictis Regis fratribus illata, & eas querelas dilucidantes, conſtanter moras ſequerentur, & ut ſibi omnia, ſecundum quod jus dictaret reſtituerentur. Sed quia inſtabat tempus meſſium, conſiderantes ſimultatem, et inſtantes labores forte inutiles ſequi renuerunt donec majorem cernerent opportunitatem. The Lords in Parliament being willing to award them damages and reparations againſt the Kings own p. 256Brothers in Law, upon complaint and clear proof of the injuries and damages they ſuſtained by them.

**Mat. Weſtm. Anno 1260, p. 295, 296.Anno 1260. There falling out a great difference between King Henry the 3. and Prince Edward his Son: Simon Earl of Leiceſter and other Nobles; thereupon, Convocato in praeſentia Regis apud ſanctum Paulum, BARONAGIO, habitoque prius tractat… de Eadwardo ſuper injuriis Regi (ut dicebatur) illatis; paratus eſt idem Eadwardus, ſe omnium objectorum probare immunem, et ad duorum Regum, ſcil. Patris ſui, et Avunculi, proviſionem in emendatione facienda ſe dare tractabilem: dicens, Omnes alios Barones, et Comites ſibi de jure non eſſe Pares, nec ſuas in eum exercere diſcuſsiones. Unde d…cu…a hinc inde veritate, omniumque relatorum falſitate probata, pacificato Regi concordatus eſt filius, multiplicatis de jure inimicorum confuſionibus. Concordato itaque Eadwardo Regi et Reginae, et aliis amicis, mox querela ſubſequitur de Comite Leicestriae Simo…e, ſuper pluribus injuriis tam citra mare quam ultra, contra Regem (ut dicebatur) perpetratis. Praefixo igitur die ad reſpondendum, & ſe de objectis expurgandum, idem Comes ad dictum diem, licet breviorem, paratus eſt quantotiens petitis ſatisfacere, et ad diſcutiendam ſuper oppoſitis veritatem, omnium tranſmarinorum quam ciſmarinorum, arbitrio obtemperare, exceptis quinque tantum minutis, tam ſuae quam Eadwardi, diſcordiae ſeminatoribus. Q…o audito Comes Gloverniae cum ſuis conſentaneis, rimens ſibi poſt praedicti Comitis purgationem, graviſſimas de ſe ſuſcitati querelas, US QUE AD ALIUD PARLIAMENTUM praefatum diem procuravit prorogandum, Unde tumultu ad tempus ſedato, Rex proprium adivit Palatium cum gaudio. Articuli vero praetactarum culparum cum ſuis fabricatoribus plures ſunt, & ultra modum tranſgreſſibiles, ſi veri eſſent. Sed quia incredibiles ſunt, & nulla fulciuntur veritate, ne mendaciorum ſcriptor dicerer, a…t fabricator, eos huic paginae non arbitror annotari. Jmo qui eos ſi…ienter audire deſiderat p. 257a mendac… monda…i… ex…auriet, & me in noc relinquens alium relatorem exquirat.

Anno 1261. **Ma…. Weſt. p. 306, to 318. Mat. Pa▪ p. 938, 939, 940, &c.Prince Edward returning out of France, brought. William de Valentia the Kings Brother-in-law with him, lately baniſhed out of the land, who could then ſcarce obtain any admiſſion into it, but upon this condition, Ut praeſtito in ingreſſu ſacramento BARONUM PROVISIONI IN OMNIBUS OBEDIRET, & ſingulis contra eum d…poſi…is quaerelis et deponendis, ſi nece…ſe fuerit, reſponderet. Eadwardus vero ſuper vanis Regis conſiliis, & conſiliariis edoctus, eiſdem valde iratus, ſponte ſe patris abſentavit obtutibus, & fideliterut perjuraverat, aſſenſit Baronibus. Inquiſitis itaque diligenter praedictae contentionis fautoribus, et cognitis, unanimiter omnes cum Eadwardo conjurarunt, quod nunquam regi conſentirent in uno, donec quoldam non nominandos a ſuo amoveret conſilio. Addentes quod per talium pacis perturbatorum ſuggeſtiones Rex ſaepe decipitur, & in praetacta papali abſolutione juramenti ſui (to obſerve the proviſions of the Barons made at Oxford.) proviſio Regi & regno ſalutaris infirmatur. Unde revelato eorum ſecreto, nunquam Rex, talium conſilio intermediante, ſuo poterit BARONAGIO prout decet conſenti…. Com…es antem Gloverniae et Leiceſtriae, pace ſunt tunc firmiſſima confaederati ſimul cum Eadwardo & aliis, conteſtantes, quod aut praedictorum perturbatocum a rege removerent conſorrium, aut guer…a vi…iniore ſuſcitanda alterutros ſe darent in interitum. In purſuance whereof the Barons continued in arms ſo long, till they forced the Kings ill Counſellors from him, conſtrained him to reconfirm and aſſent to their proviſions made at Oxford, to baniſh all ſtrangers out of the Realm, and to put all his Caſtles into their hands.

Anno 1264. Richard King of Romans, **Mat. Weſtm. p. 322. Mat. Paris p. 962, 963.Prince Edward the Kings eldeſt Son, caterique BARONES OMNES ET NOBILES praedicto regi Angliae constanter ſincerae fidei & devotionis operibus adhaerentes, in their memorable Letter p. 258and anſwer immediately before the battle of Lewes, Simoni de Monte forti, Gilberto de Clara, caeteriſque univerſis & ſingulis perfidiae ſuae complicibus ▪ who accuſed them of giving neither good nor faithfull Counſel to the King, in their Letter then ſent to them, write thus, in order to a legal trial in the Kings Court of Parliament by their Peers. De hoc autem quod falſo nobis imponitis, quod nec fid…le, nec bonum conſilium regi Domino veſtro damus, nequaquam verum dicitis. Et ſi vos, domine Simon de Monte forti, vel Gileberte de Clara, velitis hoc idem IN CURIA DOMINI REGIS ASSERERE, parati ſumus ſecurum veniendi ad dictam CURIAM procurare conductum, & noſtrae ſuper hoc innocentiae veritatem, & veſtrum ſicut PERFIDORUM PRODITORƲ …M mendacium declarare per ALIOS (miſprinted in ſome Copies alium) NOBILITATE ET GENERE VOBIS PARES (not parem) relating to that of Magna Charta, c. 29. Per legale judicium PARIUM SUORUM, by which Peers only are legally triable.

In the year of our Lord 1265, being the 49 year of Henry the 3 his reign, the Earl of Leiceſter, Simon de Montefort, and ſundry other of the Barons being ſlain, and the reſt of them totally routed in the Battel of Eveſham by (b)(b)Mat. Weſt. An. 1265, p. 340. Mat. Paris, p. 967. Walſing-Ypodigm. Neuſtriae, An. 1265. See Holinſhed, Fabian, Daniel, Speed, Grafton, An. 49 H. 3. Hen. de Knighton de Eventibus Angliae.Prince Edward; thereupon the King being reſcued out of their hands, and reſtored to his royal authority, ſummoned a Parliament at Wincheſter on the Nativity of the bleſſed Virgin. In which Parliament, REX ET REGNI MAGNATES ORDINARƲNT (as Mat. Weſtminſter relates) quod di…iores Civitatis Londinenſis, in carcerom truderentur; quod Cives & Civitas Londinenſis (Nota) ſuis antiquis Privilegiis & libertatibus privaretur OB SUAM REBELLIONEM: & quod ſtipites & cathenas quibus Civitas fuerat roborata, de medio tollerentur, PRO EO QUOD Simoni de Montiforti, Comiti Leiceſtriae IN REGIS CONTEMPTUM, ET ETIAM DAMNUM REGNI FORTITER ADHAESERANT. Capitunei etiam factionis contra Regem, juxta voluntatem ejus pl…ctendi, carcere manciparentur. Quod & totum factum est. Nam & potentiores Civitatis, apud Castrum p. 259Windeſoram Carceri fuerunt mancipa…i, qui poſt modo poena pecuniaria, ad ſummam non modicam mulctabantur. Libertas fuit civibus interdicta, & Turris London per stipites & Cathenas Civitatis forti…r facta, Poſt ho… aprid Weſtmonaſterium in feſto Tranſlatio…is Sancti Edwardi, there was another Parliament held at London ſummoned by this Writ yet extant on Record.

(c)(c)Dorſo Clauſ. 49. H. 3. m. 11. in Schedula. Seldens Titles of Honour, p. 717, 718,Henricus Dei gratia Rex Angliae, &c. Cum poſt gravia turbationum diſcr…minadudum habita in regno nostro, Cariſſimus filius Edwardus primogenitus noſter, pro pace in regno noſtro aſſecurenda, et firmanda obſes traditus extitiſſet, et jam ſedata, (Benedictus Deus) turbatione praedicta, ſuper deliberatione ejuſdem ſalubriter providenda, et plena ſecuri…a…e et tranquillitate pacis, ad hono…em Dei, & utilitatem totius regni noſtri firmanda, et totaliter complenda, ac ſuper quibuſdam aliis regni noſtri nego…is quae ſine Conſilio veſtro et aliorum Praelatorum et Magnatum noſtrorum nolumus expediri, cu… eiſdem tra…tatum nos habere oportet; Vobis mandamu… rogantes in fide et di…ectione, quibu… Nobis tenemini… quod omni occaſione poſtpoſita, & negotiis aliis praetertermiſſi… ad Nos Londoniis. &c. Nobiſcum et cum Praedictis Praelatis et Magnatibus noſ…ris, quos ibid. v…c r… cimus ſupe… praemi…is iſtis trac…a uri▪ et Conſil. impenſuri. Et hoc ſicut, Nos et honorem noſtrum ac ve…rum necnon et communem regni noſtri tranquillitatem diligitis, nullatenus omittatis. The Teſte of this Writ to the Biſhops, bears date of Wincheſter (where the former Parliament was held) Decemb. 14. the Writs to the temporal Lords.(d)(d)Selden… Titles of Honour p. 72….724. Abbots and Peers b…ar date at Woodſtock the 24 of this Month; there being no leſſe than 64 Abbots, 36 Priors, the Maſter of the Temple, and 4 Dears of Cathedral Churches ſummoned thereunto,(e)(e)Paten…. 26 E. 3. part▪ 1. m. 22. Sel… Titles of Honour, p. 724.734. beſides Knights and Burgeſſes now firſt ſummoned to that Parliament to ſettle peace, moſt of them being VOLUNTARIE SUMMONITI, and not bound of right to come, not holding of the King by Barony. In this Parl. by judgement of the King and Lords SENTENTIA EXHAEREDATIONIS IN REGIS ADVERSARIOS FEREBATUR; p. 260'& omnes qui contra Regem cum Comite Simoni 'ſteterunt; exhaeredicabantur; quoram terras Rex ſuis ſideli bus tradidit ſine… mora, penſatis meritis ſingulorum. The Execution of this Sentence appears in the Patent Roll of 50 H. 3. m. 10. Schedula. Where the Lands and Menors of Simon de Montfort and other Rebels adhering to him againſt the King, are confiſcated to the King, and granted by him to ſundry others there mentioned; as the Lands of the Barons adhering to King Lewis againſt King John their native Soveraign, were in like manner forfeited to and granted by him, Clauſ. 17 Johan. Regis, dorſ. 7, 10, 11. By theſe two laſt Parliamentary preſidents and proceedings againſt the Londoners, Simon Montfort, the Baron…, and a… other his Confederates whether Peers or Commoners in caſe of Treaſon and Rebellion againſt the King, to the forfeiting of their antient Cuſtoms and Liberties, impriſoning and fining of their perſons confiſcation of their goods diſinheriting them of their Lands and Freeholds, by judgment and …entence of the King and Lords, it is undeniable, that the King and Lords have an antient undoubted right to judge and cenſure both Peers and Commoners too in Parliament, in caſes of Treaſon and other miſdemeanours there properly triable.

In the year (f)(f)Mat. Weſt. an. 1251. p. 3…3, 344.1266. King Henry the 3d. & REGIONIS NOBILES aſſembling together at Weſtminſter at Chriſtmas, to treat about ſetling the Peace of the realm after the accuſtomed manner, there iſſued out an Edict against Earl Ferrers, who was perpetually depri…ed of his Earldom according to the form of his Obligation, (for his Treaſon and rebellion againſt the King) and Edward the Kings ſon was put in poſſeſſion of two Counties (or Earldoms) to wit, Derby and Leiceſter. The ſame year after divers skirmiſhes between the diſinherited Baro…s and perſons, and the Kings forces; to ſettle a firm peace upon the Legates motion there was another Parliament held at (g)(g)Mat. Weſt. ibidem.Kenelworth, wherein by the accord and conſent of the King and Lords, the perſons diſinherited, whoſe Lands the King had confiſcated for their Treaſon and Rebellion p. 261in the two former Parliaments, were notwithſtanding admitted upon their ſubmiſſion to the King, for reaſonable fines and compoſitions, (reduced to a certainty by Biſhops, and other Lords Commiſſioners) both to their Pardons, Liberties, Charters, and Inheritance…, 3. only exc…pted; their fines not exceeding 3. years value, nor to be under one; without any impriſonment, or loſs of Member…: as you may read at large in the accord between them and the King at **Dictum de Kenelworth.Kenelworth printed in the Statutes at large. See Par. 50 H. 3. dorſ. 9. the Patent Charter and Clauſ. Ro…s of 50, 51, 52, 53. of Henry the 3. and Clauſ. 4 E. 1. m. 15. d…rſo.

In the (h)(h)Clauſ. 21 E. 1. m. 3.2. Dorſo: plac. Parl. 21. E. 1. pla▪ 17:Parliament of 21 E. 1. John Archbiſhop of Yorke was impleaded and complained againſt for excommunicating the Biſhop of Durham being juxta latus Regis per ipſius praecep…um, againſt the dignity of the King; and for impriſoning William of Willicon, and John Rowman, two of the Biſhops ſervants, in the Caſtle of Durham, being excommunicated by him in his Eccleſiaſtical Court, for the Wardſhip of certain Lands to which the Archbiſhop pretend…d a Right; the Cuſtody of which lands being a Temporal matter, belonged not to Eccleſiaſtical cogniſance. The Archbiſhop proteſ…ing, that although he ought not to anſwer for this matter in the Court of our Lord the King, yet he was willing to anſwer: And thereupon allegeth, that the Biſhop of Durham was his Subject and Suffragan; and ſhews the whole matter and manner of the proceedings againſt him and his Servants in his Court, and juſtifies the ſame. To which Richard de Breelwell who proſecuted for the King, anſwered, that the Biſhop of Durham was to be conſidered in a twofold eſtate, one as a Biſhop, the often as an Earl, in reſpect of his Temporalties and Tenements: In which l…ter reſpect he was not ſubject to his Archiepiſcopal Juriſdiction; to which the Archbiſhop replied. After much and …ong debate, it was adjudged and reſolved by the Lords, in Parliament▪ that for this offence, the Archbiſhop ſhould be committed to priſon: and likewiſe agreed▪ that in like caſes it p. 262ſhould ever be ſo: this his Excommunication of them in his Eccleſiaſtical Court for a temporal matter: being an high contempt againſt the King, to the diſinheriſon of his Crown and dignity. Moreover, he was adjudged to make his ſubmiſſion to the King, and to pay a fine of 4000 maerks to the King for this offence. The Archbiſhop hereupon makes his ſubmiſſion; aend after much mediation to the King by his friends, his impriſonment was remitted, but the King would not abate one penny of his ſine, for the due payment whereof, he was enforced preſently to enter into a Recogniſance; and ſo diſmiſſed. The Record is very long, worthy peruſal, but this is the ſummary of it.

Anno 1283. (i)(i)Walſingh. Ypodigma… Neuſtriae, p. 7 … Mat. Weſt. an 1283. p. 371.after the feaſt of St. Michael in PARLIAMENTO tento Salopiae, David quondam frater Lewlini Principis Walliae, per Potentiores Angliae judicatus, judicialiter condemnatus, ad caudas equorum per municipium Salopiae, tractus et ſuſpenſus eſt, viſceribuſ que combuſtis, corpus capite truncatum, & in quatuor partes eſt diviſum, quibus in Civitatibus Angliae Nobilioribus ſuspenſis, caput Londoniis ſuper palum fixum est, ad terrorem conſimilium proditorum.

(k)(k)Tho. Walſingham, Hiſt. Angl p, 34, 35. Ypodigmae Neuſtriae, p. 82, 83. Mat. Weſtm. anno 1296, 1297. p. 405.407. Antiq. Eccleſ. Brit. p. 209. to 220. Godwins Catalogue of Biſhops, p. 125 126. Fox Acts & Monum. p. 310, 311. Holinſhed, p. 301, 302.King Edward the 1. Ann. 1297. the 14. of his reign holding a Parliament at St. Edmonds, where there was granted him an 8. part of the goods of Cities and Boroughs, and a 12. part of the reſt of the people: the Clergy by reaſon of the Conſtitution of Pope Boniface made that year, prohibiting under pain of Excommunication, that no Taxes nor exaction… ſhould by any means be exacted from the Clergy by ſecular Princes, or payd by them of the goods of the Church, denyed the King a Subſidy which he demanded of them to maintain his wars. Whereupon the King that they might deliberate of a better anſwer, deferred the buſineſs to another Parliament to be held at London the next day after St. Hillary, An. 1298. The Parliament then aſſembling, the Clergy therein perſiſted in their denyal of a Subſidy, upon the foreſaid ground; The King thereupon (by his Nobles advice) excluded them from his protection, and prohibited any Lawyers to plead for them in p. 263the Exchequer or before any other Regular Judge, as being unworthy of his peace, and ſeiſed all the goods, movables and immovables of Clergy men found in Lay fees, and confiſcated them. To redeem which Protection many of the Clergy by themſelves, and many by Mediators afterwards gave the King a fift part of their goods. The King finding the Archbiſhop more rigid than the reſt, ſeiſed all his lands, and commanded all his debts found in the Rolls of the Exchequer to be speedily levied on his goods: For the ſame Archbiſhop by the aſſent of the Clergy had procured from the Pope an Inhibition; Ne quis Clericorum Regi respiceret, de bonis Eccleſiae. The Clergy being thus put out of the Kings Protection, and thereby diſabled to ſue, or ſit in Parliament, were ſecluded the Parliament houſe, the King holding the Parliament with the Temporal Lords and Commons alone, and making valid, good Acts and Ordinances therein in this caſe without the Clergy, as (l)(l)Defence of the Apolog. pr. 6. c. 2. p. 521, 522.Biſhop Jewel (m)(m)Juriſdiction of Courts f. 19.M. Crompton, (n)(n)True Difference between Chriſtian Subjection, and Unchriſtian Rebellion, part. 3. p. 541. See my Antipathy of the Engliſh Lordly Prelacy to Unity and Monarchy, part 1. p. 50. part 2.511.460.Dr. Bilſon and others affirm; which Dr. Standiſh averred he might lawfully doe before the Kings Council and a Committee of Lords and Commons, in the Parliament of 7 H. 8. Keilwayes Reports, f. 184. b. Sir Edward Cooke being of the ſelf…ame opinion in his 4 Inſtitutes, p. 25. citing other Preſidents of this kind to prove, that Acts may be made without the Biſhops, as 15 E. 2. Exilium Hugonis le Diſpenſer. 3 Rich. 2. c. 3.7 Rich. 2. c. 12.11 R. 2. n. 9, 10, 11. 21 R. 2. n. 9, 10. 1 H. 5. c. 7.6 H. 6. n. 27.

Peter de Gaverſton (o)(o)Mat. Weſt. p. 463. Thom. Walſingham, Ypodigm. Neuſtriae, p. 99, 100. Hiſt. Angliae, p. 68, 69, 70. to 77. See Holinſhed, Giaf…on, Stow, Speed, Daniel, Sir Richard Baker, and others in Edward S. Henry de Knyghton, de Eventibus Angliae, l. 3. c. 13, 14▪a de… oi… laſcivious perſon▪ for his miſdemeanours, and corrupting Prince Edward, with whom he was educated from his infancy) in the year 1306 p. 264in a Parliament then held by King Edw. the 1. aſſenſu Communi Procerum, fuerat exilio penpetuo condemn…tus. This King was no ſooner dea…, and the Crown deſcending to King Edward the 2. but he preſently recalled Gaverſton from his exile, againſt the will of the Lords, made him Earl of Cornwall, and gave him the Iſle of Man: An. 1307. the very firſt year of his reign. He being more high in the Kings favo…r, more glorious in his apparel, and inſolent in his behaviour than any other; thereupon, Anno 1309. Regni Proceres et Nobiliores viden…es ſe contemni, & Petrum de Gave…on cunctis anteferri, acceſſ…runt ad Regem, humiliter rogantes, ut Baronum ſuorum vellet conſiliis tractare Regni negotia, quibus a pericu… ſibi imminentibus non ſolum cautior, ſed t…tior eſſe poſsit. Quorum votis facie tenus Rex annuit… Parliamentum Londini inſtitu…t fiori, ad quod omnes qui intereſſe debebant (mark it) venire mandavit. The Parliament there aſſembling Anno 1310. Decreto Parliamenti, ad Baronum inſtantiam, Petrus de… Gaver…on in Hyberniam, Exilio relegatur. No ſooner was the Parliament ended, but the King cauſed special writs to be written and ſealed in his own preſence, for recalling Gaverſton from his exile, and reſtoring him to his Lands; which writs he took into his own hands for a time, and then ſent them to the Sheriffs, with ſpecial command to ſee them duly executed, under grievous penalties, In theſe **Clauſ. 5 E. 2. m. 155.Writs he recites, that Mounſieur Piers de Gaverſton Earl of Cornwal, was of late exiled out of ou… Realm, againſt the Laws and Vſages of the ſaid Realm, which he was bound to keep and maintain by the Oath he took at his Coronation. For which cauſe he did out of that common right and juſtice which was due to all his Subjects, recall and reſtore him, without the Lords, againſt their wills; as the writs in the Clauſe Rolls inform us. (p)(p)Ypodigma Neuſtriae, p. 99, 100.Thomas of Walſingham thus relates the manner of it, and ill conſequence thereof to Gaverſtons ruine, in theſe words. Soluto Parliamento cunctis gaudenter ad ſua diſced n…ibus, rex remanſit triſtis, cogitans & diſquirens cum privato ſuo concilio, qualiter poſſet ipſum ab exilio revocare. Suggeſtumque p. 265fuit … q…od ſi ſororei… Comitis Gloverniae, qui pro …unc … j…venis …o…i …, & ſub tu… Regis, prae…a…o Pet… … co…uge…, poſſet ipſum intrepide revocare. … hi…s audicis cum omni feſtinatione miſſis nuneil… …cerſivit e…m, & inter ipſum & ſororem Comicis fecit celebrati nuptiae, licet multum Gomi…i diſplicerent. E…i…de Petrus ſuperbiens plus ſolito, regni nobiles vilipendit, ſubſannabat Proceres, mediocreſque deſpexir, Et quia Rex permiſerat ſibi faculta…em pene facien…i qu…e vellet, quantum ad ea quae reſpiciebant perſonam regiam, caepit ſicut prius theſaurum regis colligere, & negotiatoribus ultra marini… accommo lare, non ad uſus quidem regios, ſed ſuos proprios. Qui in tantum expilavit regem, ut non haberet unde ſolveret expenſas ſolitas domus ſuae. Regina vero tantum rebus neceſſariis arctab…tur, ut regi Franciae patri ſuo lachrymabiliter quereretur, honore debito ſe privatam. Barones igitur conſiderantes, quod eorum tollerantia Petro malignandi praeſtabat au…atiam, domino regi denunciaverunt aſſenſu communi, ut vel dictum Petrum a ſua propelleret comitiva, articuloſque proviſos effectui manciparet, vel ipſ… certe in eum tanquam perjurum inſurgerent. Durus videbatur hic ſermo regi quia Petro carere neſcivit, ſed plus periculi cernebat emergere, ſi petitionibus Proce…um non ob…emperaret. Petrus igitur abjurat regnum▪ regis plus …ermiſſione quam beneplacito addita a Baronibus conditions, quod ſi de caetero poſſet in veniri in Anglia vel aliqua terra regi ſubiecta, caperetur, et velut hoſtis public…s damnaretur. Igitur ſub praemura conditione da…o ſibi conductu, Angliae regnum I…gons deſernit & Franciam eſt ingreſſus. Quo adito Rex Francorum juſſit ſuis ut eum caperent, ſi quo modo poſſent, & diligente… cuſ…odirent, n… dire… in Angliam, & Proceres ſicut prius turbaret, & filt…m. Petrus de …is praemonitus fugit in Fland…iam, ibi quae…iturus requiem nec invenit. Tandem cum ſuis conſortibus a…ienigenis redivit in Angliam, de amicitra confiſus Comitis Gloverniae p. 266cujus ſororem duxerat in uxorem. Parum ante feſtum natalis domini, regis ſe preſentavit ob…utibus, qui prae gaudio ſui adventus, juramenta, pacta, promiſſa, negligens, tanquam coeleſte munus hilariter ſuſcepit eum, & ſecum detinuit cum familia ſua tota.

Anno 1311. poſt natale rumore vulgato de Petri reverſione, regni Magnates & plebei conturbati ſunt. Qui neceſſitate ducti, elegerunt ſibi Thomam de Lancaſtria in ducem et defenſorem, ut periculis conſulerent & malis futuris. Nobiliores vero regni de communis de…reti ſententia, miſerunt honorabiles domino regi nuncios exorantes, ut vel dictum Petrum eis traderet, vel ut ordinatum fuerat ipſum regnum evacuare juberet. Rex vero ſiniſtro ductus conſilio, Baronum ſupplicationes parvipendens, ab Eboraco receſſit ad Novum Caſtrum. Magnates proinde ſub omni celeritate ad Novum Caſtrum iter arripuere. Quod cum Rex audiſſet, quaſi proſcriptus aut exul, fugit cum dicto Petro Tynemutham, et inde Scardeburgiam ubi habebatur caſtrum regale, ubi praecepit Caſtellanis, ut cuſtodiam Petri ſuſciperent & caſtellum victualibus inſtaurarent, rege ſe alias transferente, nec opem ferre valente, quin caperetur & reduceretur uſque ad villam de Dadington. Ubi Comes Warwici, Guido de bello campo fecit eum decollari tanquam legum regni ſubverſorem & publicum proditorem; Communi Iudicio. Which he more amply relates in his Hiſtory of England, p. 69. to 77. Here we have judgement of baniſhment given againſt Gaverſton by the Lords in Parliament 3. ſeveral times ▪ the 1. whiles a Commoner; the two later whiles an Earl, as an Enemy to the Realm and publike Traytor; and a Sentence of death denounced againſt him, in caſe he returned; which was accordingly executed on him by the common Sentence of the Lords; A Convincing proof of their Juriſdiction in criminal Cauſes, both over Commoners and Peers. His ſecond baniſhment by the Lords, was ratified by a Bill, (as the Spencers was) to which the Commons gave their Aſſent, (as they did to two Acts in the Parliament p. 267of 7 Edward the 2. printed in Totles Magna Charta, part. 2. f. 43, 44. Ne quis occaſionetur pro reditu; as alſo, pro morte Petri de Gaverſton, made by the Grant and Aſſent of the King, Archbiſhops, Buſhops, Abbots, Priors, Earls and Barons, ET TOUTE LA COMMƲNALTIE de noſtre Royalm;) By which Bill his Lands were all forfeited and give… to the King; as appears by Clauſ. 1.2 E. 2. m. 5. where Hugh de Audeley the younger, and Margaret his wife, petitioned; A noſtre Seigneur la Roy & ſon Counſcil, PRELATES, COUNTS & BARONS de la terre: The Petition was for the Earldom of Cornwall after the death of Peter de Gaverſton, to whom it was given in general tayl, Margaret being his daughter and heir; becauſe THE▪ GREAT CHARTER wills, that after the death of a Baron, his heir ſhall have his heritage and mariage; and the Statute of Weſtminſter 2. wills, That heirs in tayl ſhall not be prejudiced by the deed, fine or feofment of their Anceſtors ▪ and the GREAT CHARTER alſo wills, That no man ſhall be outed of his freehold, without the award and judgement of the Law of the Land. Afterwards upon debate of this Petition, pro eo quod recordatum fuit by the LORDS AND COMMONS, that it had been AGREED BY THEM, that all things given by the King to Gaverſton and Margaret, ſhould be revoked; per quod in hoc Parliamento modo per praefatos Praelatos, Comite…, Barones, et totain Communitatem Regni couſideratum eſt, that the Earldom and all the reſt of his Land… ſhould remain in the King: that all Charters of it ſhould be repealed, all enrolments cancelled; & quod eſt adjudicatum intretur ad Scaccarium, et ad utrumque C…ri…m, there to be inrolled alſo. And there is a writ directd to the Treaſurer and Barons and Chief Juſtices of both Benches to inrol it, in this Roll. This judgement being by way of Bill, in purſuance of the former Bill for his attainder, had the Commons aſſent thereto, as well as the Lords, though the Peti…ion here was directed only to the King and Lords, for reſtitution, not to the Commons▪ who could not be Gaverſtons p. 268proper Judges in Parliament, being a Peer, but only by way of Bill of Attainder.

In the 15 year of King Ed. 2. the two Sir Hugh Spencers Father and Son, were articled againſt, impeached and condemned of High Treaſon by the Lords in Parliament, and exiled by their judgement, without the Prelates or Commons, who only conſented to the Act for their baniſhment after the judgement given, of which at large before; [x][x]Exilium Hugonis le Diſpenſer 15 E. 2. Totles Magna Charta, f. 52, 53, 54. Walſingham Hiſt. Angl. p. 91, 92. Henry de Knyghton de Event. Angl. l. 3. c. 14. col. 2539.to which I ſhall here annexe the Arricles of their impeachment being very memorable.

Alhonnour de Dieu & de ſainct eſgliſe, et de noſtre ſeignour le roy, et au profite de luy, et de ſon royalm…, & a peace de quiete maintenir en ſon people, et pur meinteynment de leſtate de la Corone, luy monſtrent Praelates, Coun…z, et Barons, et les autres Pieres de la terre, & common du royalme contreſir Hugh le Deſpenſer le fitz, et Sir Hugh le Deſpenſer le Pier, que come le dit ſire Hugh le Deſpenſer le fitz au Parlement Deverwike fuit noſme et aſſentu deſtre en loſſice du Chamberlain noſtre ſeignor le roy de ſervir en cel office, come afferoit: An quel parlement fuit auxi aſſentu, que certeins Prelates et …u res Grandes du roialme demorerent pres de roy par ſ…iſons de lan, pur meulx counſeiler noſtre ſeignor le roy, ſans queux nul groſſe boſoigne ne ſe deveroit fair: le dit ſir Hugh le fitz attreit a luy ſyr Hugh ſon pier, que ne fuit nient aſſentu ne accorde en parlement, a demourer enſi pres de roy, & enter eux deux, acroachant a eux royal power ſur le roy & fes miniſters, & le guyment de ſon royalme, a diſhor our du roy, emblemiſement de ſa corone, et deſtruction du royalme, des grandes et du people, et ſeſoient les malueſiees deſ…us eſcriptes en compaſſant de…oigner le coer noſtre ſeignour le roy des Piers de la terre pur avoir eux ſoule governance de la terre.

En primes que ſir Hugh le Diſpenſer le fitz feuſi coruce vers le roy, et ſur ceo coruce fiſt un bille, ſur la quel bille, il voillet auoir en aliance de ſir John Gyffarde de Brymmesfeld, ſir Richard de Greye, et dautre davoir meſne le roy par aſpertee de faire ſa volunte; iſſent que en luy ne p. 269temiſt mye, que il ne …e eu…t fair, …a tenure de la bille ſenſuit ſous eſcript.

Homage & ſerement de ligeance eſt pluis par reſon de la corone, que per reaſon de perſon le roy, & pluis ſe lie a la corone que a la perſon, & ceo piere que avant que …eſtate de la corone ſoit deſcendu, nul ligeance eſt a la perſon regardant. Dont ſi le roy par caſe ne ſe meiſne par reaſone en droit de la corone, les leiges ſont lies per ſ…rement fait a la corone de remeuer le roy, et le ſtate de la corone par reaſon: & au…rement ne ſerroit le ſerement tenus. Ore fait a demander coment lem doit ameſner le roy, ou par ſuite de ley, ou par aſpertee? par ſuite de ley ne luy poet home pas redreſſer: …ar il navera pas juge, ſi ceo ne ſoit depart le roy. En quel caſe ſi la volunte le roy ne ſoit accordant a reaſon, ſi naveroit il forſque errour maintenue & confirme. Dont il covient pur le ſerement lauuer, et quant le roy ne voet choſe redreſſer & ouſtre que eſt pur le common people malueis et damageous pur la corone, a judger eſt que la choſe ſoit ouſle par aſpertee, que il eſt lie par …on ſerement de governer ſon people & ſes lieges, & ſes liege, …ont lies de govern en eide de luy, & en defaut de luy.

Et auxint, par lour covin & malveiſtz meſneront & male conſeileront noſtre ſeignour le roy, ſi que a ſa preſence, quel il doit de ſon devoir monſtrer a les grandz, et a ſon people, & a les graces & droit que eux luy requeront reſponder ne luy fil… point forſque a la volunte & a la taille les ditz ſir Hugh, & ſir Hugh, en ouſtance le roy d… ſon devoir contre ſon ſerement, et les …ueurs des grandes et du people de ſon ſeignour liege.

Auxint, meſnes ceux par lour male conueigne ne ſuffrerent pas les grands du realme, ne les bons counſellors le roy parler ne approcher le roy pur luy bien counſeyler, ne le roy parler a eux, et a lour volunte, et ſolone lo… taille, et choſe que ils voillent in rebotaun…es les grandes et les bons counſeilors le roy de lour bone volunte …uers lour ſeignour liege, et acroachaunt a eux royal power▪ maiſtree, & ſoveraigntie ſur la perſone le roy, a grand diſhonour et peril du roy, & de la corone, & de ſon royalm.

p. 270Auxint meſmes ceux pur attainder a lour malveſiees, & coveſties, et diſheritance des grandz de la terre, et deſtruction du people, ouſleront bones et cove…ables miniſters que …urent mis par aſſent, et miniſtrent au res faux & malueys de lour covine, que ne ſuffrent droit eſtre fait, et viſcountz, eſcheitour, coneſtables des chaſtelx, et autres en les offices du roy, nient covenables pur le roy, ne pour le people, & feſont mettre Juſtices, nient conuſant en ley de la terre, doier et terminer les choſes tounchant les grandes et le people du royalme, ſi come le dit ſir Hugh le pere, ſir Raufe de Baſſet, ſir Rafe Camoys, and ſir John Juge, et autres lour alies et jures eſpecialment: & par covine de tielz miniſtres, & lour faux procurours & fautours ſauxement feſoient enditer par faux jurrours de lour alliaunce les Peres de la terre, ceſt a ſcauoir le Count de Hereford, mon ſir Gyffard de Brumfelde, et mon ſir Robert de Mouchant, et autres bons gentz, pur couetiſe davoir lour terres, & iſſint eeo que denſt eſtre a la maintenance de la peax, & des bons, & puniſhment des malueis, meſneront a diſheritance des grandes et deſtruction del people.

Auxint, fauxement & malueiſement counſeileront noſtre ſeignor le roy daler oue chiualx & et as armes vers les parties de Glouceſter, et luy ſierent chiuaucher et les gent armes en cels parties a cour ſur les bons gentz contre la forme de la grande chartre, et leſgard des Piers de la terre: & iſſent par lour faux et malueis counſell, voloient avoir mou guerre en la terre, a deſtruction de ſaint eſgliſe et de people pur lour querel propre.

Auxint, lou le count de Herford, et le ſeignor de wygmore par commandement de roy aſſign dalier de guerre ſur Thlewelyn Bten, que feuſt leue encounter le roy en Glamorgan, ant come les terres furent en mayn de roy par la morte le count de Gloue, le dit Thlewelyn ſe rendiſt a les ditz ſeignours a la volunte le roy en ſa grace, et ſes ſeignours luy par mittrent bone grace, et ſur tiel condicion le recovererent, et luy liverent a noſtre ſeignour le roy. Et noſtre ſeignour le roy en tiel fourme luy receuſt, p. 271et puis come les ditz ſeignours feurent ho…s de la terre, les ditz Syr Hugh le fitz, e… Sir Hugh le piere, que avoient …croche royal po…ar, ſicome de ſuis eſt, priſtent le dit Thlewelyn, et luy meſnerent a Cardiff, puis que Syr Hugh le fitz feuſt ſeiſies illonques de ſa pur partie, et par lour coveigne en parnant juriſdiction lou nul eſt en cel caſe ne poient par reaſon avoir, et luy firent illonques: treiner et pender, decoller, et quartroner felonouſement pur choſe fair entemps le roy Henry. Et enſi purparnant roial poyar et juriſdiction, que appendant a la Corone en diſheritance de la Corone, et a deſhonour noſtre ſeignor le roy, et des dites ſeigneure de Hertford et de Mortimer, et en malveis exemple et graunde perill, par caſe en temps a venir.

Et auxint male counſeilant noſtre ſeigneur le roy de prender en ſa mayn les terres et les chateux Sir Hugh Dundle le fitz: et le foriugerent de ſes terres ſans du proces ſolonques la lee de la terre, pur covetiſe davoir acroche au dit Sir Hugh le Diſpenſer le fits certeins terres. Et par autre faux compaſſements compaſſa davoir les terres mon Sir Roger Dammorie pour avoir atteynt par tielx et faux compa…ſementz al entire del Counte de Glouceſtre, en diſheritance des piers de la terre.

Auxint la ou noſtre ſeigneur le roy, par ſes letters patentz deſous ſon grande ſeale en plain Parlement a Weſt… grant a Counte de Warwike, que ſi mort luy avenuſt, que les executours puiſſent avoir ſes tertes, tan que al age ſon heir: la quel grant puis la mort du dit Count le roy confirma a ſon parlement a Nicolne, al requeſt et par aſſent de piers de la terre, le dit Sir Hugh le Deſpenſer le pier, par meintenance, abbette, et procurement le dit Sir Hugh ſon fitz, fiſt noſtre feigneur le roy repeller ce le fait ſans encheſon, et baille au dit Sir Hugh le pier. pur ſon propte profit, la garde de meſmes celes terres, et iſſint d feſantz par lour malveis counſeil ceo que le roy lour avoit graunt en ſes parlementes par ſon bon counſeile, et par aſſent des piers de la terre, a deſhonour du roy, et encountre droit et raiſon.

p. 272Auxint, meſmes ceux nount pas ſuffertz noſtre ſeigneur le roy prender reſonable fines des piers de la terre, et autres que ſont entre ſon fee, come ad eſte uſe eins ces …eurs: Mes pur covetiſe dattendre a tielx terres, par poiar roial a eux accroche, ount ſait metter en teiels boſoigne non dues empechementes, ſurmettantes la terre eſtre forfair, come de Mounſire John de Mombray pur les terres de Gower, et des autres, a damage et diſhonour noſtre ſeignour le roy, et countre la loy de la terre, en deſheritance des grandes et des auters du Royalm, enſi feiſant le roy veer en parlement contre ſon ſerement.

Auxint, pur lour malveis covetiſe, et par poiar roial a eux acroche, ne ſuſterent noſtre ſeignor le roy doier, ne droit fair' as grandes de la terre, ſur la demonſtrance que ilz feſoient a luy, pur luy et pur eux de la diſheritance de la corone et de eux, touchant les terres que furent as templers. Et iſſint par yoiar roial a eux accroche ont ils meſne noſtre ſeignour le roy, ſon counſeil et ſes prelatz, que des choſes touchant eux ou lour alies, ount empriſe et embrace par eux que droit ne poet eſtre fait forſ que a lour volunte, et a dammage et a diſhonour de noſtre dit ſeigneur, et peryl de ſon ſerement, et diſhinheritaunce, et deſtruction de pluſours autres grandes du people de ſon royalme. Et auxint de eſlues as eveſ que abbes, et priours, que devoient de droit eſtre reſceux de noſtre ſeignour le roy, lou ils ſont en due maner eſtues, ne poient approcher a noſtre ſeignour le roy, ne one luy parler de querer ſa grace, tanque ils avoient fait ſine et fret Sir Hugh le fitz a ſa volunte.

Ne nul que euſt grant aquere de noſtre ſeignour le roy, ne poet a nul grant atteinder avant que ilz avoient faitfine a luy. Eſtre ceo lou John de Lacchelegh et autres fuerent agardes a la priſone pur un treſpas que ils avoient fait a la dame de Merk, a damag'. de la diſt dame de M. Centz marcz, dont ils furent atteintz devant mon Sir Robert de Middyngle er ſes compaignons Juſtices aſſignes a oier et terminer cel temps, cel treſpas, et le dit John feuſt en la priſon de Colceſtre par la gard ſuiſdit, Sir Hugh le fitz accrochantz p. 273a luy roial poiar ameſna le di… Iohn▪ hors de la priſon, contre leye de la te…re, eius que il avoir fait gree a la dit dame des damages avantditz, et luy fiſt vender ſa terre a luy, et …ever ſur ceo un fine.

Clauſ: 16 E. 2. m. 5. There is this memorable caſe recorded. The King being at Biſhops. Thorpe near York; held a Council with his Lords (divers of which are there named) concerning the Truce with Scotland: inter qu…s Nobiles, Hen. de Bellamont Baro, & de Magno et ſecreto Concillo ipſi Domino Regi juratus, vocatus fuit, & ibidem venit. Being there pre…ed by the King to give his advice herein, quodam motu exceſsius, & animo quaſi irreverents dicto Domino Regi ſaepe respondit: quod ſibi conſulere noluit in hac parte. Whereupon the King commanded him thence: Upon which he went out of the Council, and ſaid: He had rather be abſent, than there. Upon which contemptuous carriage and words conſideration being had by the Lords and Council, & by all the Iudges & Barons of the Exchequer, being there amongſt others (to wit, as aſſiſtants) in regard he was ſworn, and had taken the Oath of a privy Counſellor to the King, being called in again, Committitur Scalae Priſonae pro contemptu & inobedientia praedictis. After which he was let to mainpriſe; and a truce being there concluded with the Scots; thereupon the writs ad arma, &c. were revoked, that were formerly i…ſued to the Tenants by Eſcuage and Knights ſervice.

In the (h)(h)Henry de Knyghton de Event. Angl. l. 3. c. 16. col. 2255. Walſingham H…ſt. Angliae, p. 100. 101. Ypodigma Neuſtriae, p. 111. Clauſ. 4 E. 3. m. 18. dorſo.Parliament held at Wincheſter, Ann. 2 E. 3. Edmund Earl of Kent the Kings Uncle, by the inſtigation and power of Roger Mortimer Earl of March, was arreſted, impeached, condemned and execut…d, for conſpiring and attempting to reſcue his Brother King Edward the 2. and ſaying he was alive, after the time he was murdered; which Treaſon, was ſaid to be manifeſtly proved by Letters found about him, and by his own voluntary confeſſion before the Coroner (recorded in Walſingham, and the Clauſe Roll of 4 E. 3.) which Letters and confeſſion were openly read in Parliament; pur que oue le aſſent des p. 274Countz, Barons et autres Grantz et Nobles …n meſme le Parliament, par agard dicelle, eſtoiet le dit Count come Noſtre Trayture et Traiture de Royalm adjudge a la mort: as the King himſelf recites in his Writs and Letters to all Sherifs. Clauſ. 4 E. 3. m. 16. dorſo; Demorte Edmundi nuper Comitis Cantii publicanda; commanding them to publiſh this as the cauſe and manner of his death, and to arreſt all thoſe that ſaid, King Edward the 2. was alive, or that the ſaid Earl of Kent was otherwiſe put to death. So that by this record, being a Peer; he was adjudged to death only by the Earls, Barons, Great men and Nobles in Parliament, without the Commons, not named in this record. And therefore (g)(g)Cottoni Poſthuma, p. 349.the Kings Letter to the Pope in 4 E. 3. relating the proceedings and judgement againſt the Earl in theſe words, if truly recited, Comitibus Magnatibus, Baronibus, & aliis de COMMUNITATE dicti regni ad PARLIAMENTUM illud congregatis, injunximus, ut ſuper hiis DISCERNERENT ET JUDICARENT quid rationi & justitiae conveni et, habentes prae oculis ſolum deum; qui eum CONCORDI ET UNANIMI SENTENTIA tanquam reum criminis laeſae Majeſtatis, ADJUDICARENT ejus ſententiae &c. Objected by Sir Robert Cotton, to prove the Commons to have a ſhare and voice in judicatures in Parliament, and that not in the caſe of a Commoner but this great Peer; muſt needs be underſtood of an Attainder by Bill, to confirm the judgement formerly given againſt him by the Earls, Barons, and Lords alone in this Parliament, as in the caſe of the two Spencers, not long before; not of his original ſentence, given only by the Lords, Barons, and other Great men and Nobles, as the Clauſe Roll and all Writs to the Sheriffs record. Which the Parliament Roll in 4 E. 3. n. 11, 12. doth likewiſe intimate, where Earl Edmonds eldeſt Son, and Margaret Counteſſe of this Earl of Kent, by their Petitions prayed, that THE RECORD (or Bill) againſt the ſaid Earl might be reverſed for errors therein appearing, and he to be reſtored to blood and lands of his Father, and ſhe to her Dower, which p. 275was granted and ordered by Parliament, ſaying to the King the wardſhip of the ſame during his minority; and thereupon it was further enacted, That no Peer of the land, nor other perſons ſhould be impeached for the death of the Earl of Kent, but only the ſaid Mortimer and 3 more (then impeached and condemned of High Treaſon for his murder as well of the depoſed Kings) and that his Counteſs ſhould have her Dower, as Clauſ. 5 E. 3. part. 1. m. 24. aſſures us.

In the Parliament of 4 E. 3. rot. Parl. n. 14.(k)(k)4 E. 3. rot. Parl. n. 3, 4.13. Cooks 3. Inſt. p. 7. Edward the eldeſt Son of Edward Earl of Arundel, condemned and beheaded without any legal trial by his Peers, by Roger Mo…timers power and procurement, Anno 18 E. 2. petitioned that he might be reſtored to his Fathers blood, lands, and goods conſidering the ſaid Earl was unduly put to death, (i)(i)See Hen. de Knyghton, de Event. Angl. l. 3. c 14. col. 2549. Walſingham Hiſt. Angl. p. 106.being not tried by his Peers, according to the Law & the grand Charter, But for that the ſaid Attainder was afterwards confirmed by Parliament, he amended his Petition, and prayed in ſuch wiſe to be reſtored of the Kings meer grace; Whereupon he was reſtored to all his Fathers lands, and to Arundel Caſtle, ſaving to the King all ſuch lands as were given to this Earl by King Ed. 1. whereupon he did homage to the King in Parliament, and had livery of the king of all his lands, per aſſenſum of the Lords; as i… recorded in rot. Fin. An. 3 E. 3. m. 14. Clauſ. 4 E. 3. in dorſo, and Clauſ. 5 E. 3. part. 1. m. 2, 3.

In this Parliament of 4 E. 3. n. 6.(m)(m)An Exact Abridge-of the Records, p. 6.8. The Lords claim to be JUDGES OF THEIR PEERS IN THAT & FUTURE PARLIAMENTS, in caſes of Treaſon, &c. And n. 1. Roger Mortimer Ear of March, who had formerly condemned and beheaded other Peers, without any legal trial by their Peers, and depoſed, murdered King Edward the 2. was by divine retaliation arreſted at the Parliament held at Nottingham by the Kings command, then ſent Priſoner to the Tower, impeached, attainted, condemned and executed himſelf as a Traytor, without any hearing, or perſonal defence, BY THE LORDS p. 276AND PEERS AS JUDGES OF PARLIAMENT by the Kings aſſent: The Articles of his Treaſons, Felonies, and other miſdemeanors entre in that Parliament Roll ſcarce legible now were read before the Lords againſt him and other of his companions. The Articles againſt him are thus related by **Walſingham Ypodig. Neuſtriaet p. 111, 112. Hiſt. Angliae, p. 112.4. E. 3. rot. Parl. n. 1.Walſingham. Cauſae quae imponebantur eidem, proue accepimus, iſtae fuere, writes Walſingham, Prima cauſa, quod fuit conſentiers mor… Regis Edwardi in castro de Berkley. Secundo impoſitum ei fuit, quod ipſe impedivit honorem Regis et regni apud Stannyparke, ubi Scoti fugerunt, qui capi & interſici potuerunt. Tertio, quod ipſe accepit 20 millia mercarum a Scotis, & illas tunc permiſit evadere, & turpem pacem poſtmodum inter Scotos, et Regem ju venem ſieri procuravit; et ſuper hoc Chartam Regis ſieri fecit eiſdem. Et etiam illud vile matrimonium contractum inter ſororem Regis et David filium Roberti de Brus, conſummari conſuluit & procuravit. Quarto, quod male conſumpſit totam pecuniam in the ſarris patris hujus Regis, et Domini Hugonis de Spencer inventum, et omnia bona regni, poſtquam Angliam regina intravit, ſuae diſpoſitioni ſubjecit, ita quod ipſe & Regina abundabant, & Dominus Rex egebat. Quinto, quod appropriavit ſibi cuſtodias, et maritagia nobiliora per totam Angliam. Et quod fuit malus Conſiliarius Regis & Reginae matris, et nimis ſecretus cum ea, ut d… aliis taceamus. Theſe with other Articles mentioned in the Parliament Roll being read; thereupon, Les ditz COUNTZ, BARONS, ET PIERS, COME JUGGES DU PARLIAMENT (as the Parliament Roll it ſelf recites) per aſſent du Roy in meſme le Parliament agarderent et ajugerent, que le dit Roger COME TRAYTOUR ET ENEMY du ROY, et du ROYALME, fuiſt tr…yne et pendis. Upon which ſentence, without being called to anſwer, the Earl, Marſhal, by the Kings and Lords command, aſſiſted with the Mayor and Sherifs of London, and the Conſtable of the Tower, executed him the Thurſday next after the firſt day of the Parliament. Ubi mortis excepit ſententiam trastus & ſuſpenſus apud Elmes, ſuper communi furca latronum, as Walſingham relates.

p. 277The Articles of this Regicides impeachment being very memorable, and ſomewhat larger than thoſe in Walſingham, ſcarce legible in the Parliament Roll of 4 E. 3. I ſhall here preſent you with, together with the manner of his apprehenſion and judgement, out of **De Event. Angl. l. 3. c. 16. col. 2556.2557, &c.Henry de Knyghton. King Edward perceiving the great malice and cruelty of Queen Iſabel his Mother and Mortymer, that they occaſioned many ſeditions, favoured the Scots to the great diſhonour of the King and Kingdom, deſtroyed the King her Husband: Et quanta mala eorum conſilio & auxilio exercebantur in regno, qu …ntaque mala opera eorum ſomento vel…bantur, by the ſecret advice of his friends, reſolved to ſeparate them from one another, to prevent greater miſchiefs. Nam in tantum invaleſcebant in terra, quod totum regnum in periclitando labi videbatur. Deinde Rex tenuit CONCILILM SUUM apud Notyngham in quindena Michaelis cum pene omnibus Magnatibus regni. In quo Rex ſaniori conſilio de eorum fraude et malitia ſalu…r…us edoctus, videnſque periculum tam praeteritum quam in poſterum …am in praeſenti per dictos Iſabellam et le Mortymer evidenter imminens, graviter in corde condolens ſuſcepit; ſicque die Veneris in crastino ſancti Lucae Rex cum electa comitiva in obſcuro noctis, perr…xit per quendam viam ſubterraneam de villa Notynghamiae uſque in castellum, et venit ad cameram matris ſuae Iſabel…ae, et invenit ibi prope eam in alia camera Rogerum de Mortymer, et Epiſcopum Lincolnienſem Henricum. Et ſtatim Rex juſſit Rogerum apprehendi, et in ſecuram cuſtodiam uſque in crastinum poni. In craſtino fecit apprehendere omnes ſuos adhaerentes per… tam villam diſperſos Et ſtatim miſit omnes Londonias, videlicet le Mortymer, Et duos filios ejus, ſcilicet Galfridum & Edmundum milises, et Dominum Oliverum de Byngam, Dominum Simonem de Berforde. Et in captione Rogeri Mortymere occiſus eſt Dominus Hugo de Tryplyngton miles, et ſeneſcallus familiae regis per dictum Rogerum Mortymer in ingreſſu regis in camera eorum. Iſabella mater regis ad udicata eſt perdere omnes terras ſuas, et cum difficultate evaſ…t dampnationem ad mortem, eo quod er at mater regis, et ob reverentiam p. 278regis dilata eſt ſententia. Et ordinatum eſt ſingulis annis caperet de ciſta domini regis ad ſuſtentationem ſuam tria millia mercarum, et mane…et in uno certo loco ubi rex pro ea diſponere vellet. Magnates regui impoſuerunt contra Rogerum Mortymer Articulos ſequentes.

**4 E. 3. n. 1. 28 E. 3. n. 9, 10Primerment, que parla on ordenee fuiſt al parliment de Londrez proſcheyne apres la coronnement noſtre ſeignour le roy, que quatres Eveskes, quatre Contes, et vj. Barones duſtent eſtre pres du roy pour la conſeyller, iſſint que tote foitz quatre y fuiſſent; Ceſt aſſavoir une Eveske, une Conte, et dieux Barons, a meynez, & que nule groſſe boſoigne ſoit faite ſanz lour aſſent, & que cheſcu…e reſpondiſt dez ces fetz pur ſon temps: la dit Roger nyent eyant regarde al dit aſſent, accrocha a luy real pouare & le governement del realme ſur leſtate le roye, ouſta et ſiſt ouſtre et mettre miniſtres en louſtele le roy et aillours par my la realme a ſa volunte de ceux que ſurent de ſon acorde. Et myſt John Wyarde & altres entour le roy deſpyer cez faitz et c…z ditz, iſſint que le roy fuiſt en tiele manere envyrone de cez enmys qil poet riene faire de ſa volunte, mes auxi come une homme de ſouth altre garde.

Enſy, par la ou le piere noſtre ſeigniour le roy feuſt a Kenilworthe par ordinancez dezpieres de la terre a demorer illoeques a ces eſtres, pur eſtre ſervi come afferoit un tiele ſeigniour, le dit Roger par real pouare a luy accroche ne leſſa tant qil leuſt devers luy a ſa volunte. Et ordyna qil fuiſt mande au chaſtiel de Berkeleye, ou par luy et par les ſones f…iſt fauſement, traytoureſment et ſeloneſment mordre et tue.

Enſy, le dit Roger fiſt defendre par briefe le roy ſouz le grante ſeale, que nule veniſt al parliment de Salisbury a force et armes, ſor quant qil poet forfere devers le roy. Et la vynt le dit Roger et autres de ſa covygne a force et armes al dit parliment contre la dite defenſe. Par quoy pluſours de la terre, come le Conte de Lancaſtre et autres ſachans la manere de ſa venue, nevyndrent poynt. Et come par la ou lez prelatz eſtoyent aſſemblez al dit parliment p. 279en une meaſon pur counſeiller ſour lez boſoignez le roy, et de realme, le dit Roger debruſa les eos de la meaſone ove gentz dez armez ſour lez ditez prelatez, et lez manaſſa de vye er de membre ſil… fuiſſent ſi hardys a dire oue faire riene encontre ſa volunte et ordinancez. Et en meſme le parliment fiſt tant, que le roy luy fiſt conte de la Marche, et luy dona pluſours terres et tenementz en diſheritance de ſa coronne. E puis mena le dit Roger e ceux de ſa covygne noſtre ſeigniour le roy armez ſur le contede Lancastre et autres piers de la terre tanque a Winceſtre, la one yls eſtoient venancez devers le roy, au dit Parlement de Salesbury. Parquay le dit conte et lez autres pieres de la terre pur eſchewere le peryl que poet avenir, a la reverence du roy, departirent et aillerent envers lour pays, dolons qils ne poyent ove lour ſeigniour lige parlere ne conſeiller come ils deveront.

Enſy, le dit Roger fiſt le roy chivacer forciblement ſur le conte de Lancastre et autres piers de realme que eſtoient ordeignes davoyr eſtre pres du roy pur luy conſeiller. Et en tant les enchaſa par force, que le dit conte et autres grantez del realme que voil rent profiteau roy, ſe miſtre…t a la grace le roy, ſauve a eux vie et membre, et qils ne fuiſſent diſherites ne al trop grant ranſon; Mes ils furent mys au trop grante ranſon que lours terres vendront a tous joure. Et les autres fit enchacer hors de la terre a ſeiſer lours terres, contra la fourme de la Grante Charte et leye de terre.

Enſy, par la oue le dit Roger ſa…oit biene que le piere noſtre ſeigniour le roy eſt oit morte e enterre, il par altiez de ſa covygne en deſceyvance maner, fiſt entendre al Edmund conte de Kent, qil fuiſt en vye: par quey le dit conte fuiſt moult deſirous de ſavoire la verire. Et fiſt eſpier par to…ez lez bonez voiez qil ſavoit, tanke le dit Roger, par real powere a luy accroche, fiſt prendre al parliment de Wincestr… le dit cont le Kent, procuta qil fuiſt iilocques mys a la mort.

Enſy le dit Roger fiſt le roy doner a luy ſez enfantz e a ſez alies chaſtieles, viles, maners, et francheſes en Engleterre, p. 280Irland, et Gales en decre…e de la coronne.

Enſy le dit Roger en diſceivaunce manere fiſt les chivalers dez contez gratier au dit **De Wincheſter.parl: al roy de cheſcune vile Dengliterre que reſpont par quatre, et le provoſt en eyre vne homme de armes a lour coſtages en ſa guerre de Gaſcoyne par une an; la quele charge le dit Roger avoit compaſſe a tourner ceo avoyr en autre profite pur luy et autres de ſa covygne, en deſtruccion de people.

Enſy, le dit Roger par real ponare a luy accroche fiſt maundre lettres ſuth la grante chartre au pluſours grantz chivalers et altres, qe ils veneſont al roy queu part qil fuſt, et a lour venue le fiſt chargere qils ſe addre…ent daler en Gaſcoyne, ou qils feiſſent fyn oue ranſon a ſa volunte; Dez quenz aſcunez fyrent fyn grievous, et tout le pluis eſt venuz au profite le dit Roger.

Enſy, le dit Roger fauſement et maliciouſment fiſt le diſcorde entre le piere noſtre ſeigniour le roy et la reyne ſa compaigne, et ſa fiſt entendre, que ſi ele out venuz a luy, qil la out tue de cotele, ou altre arme, ou autre manere de mordre, et par tiele cauſe, et autres ſotilletes ſi fiſt il tant que la reyne ne vint pas devers ſon ſeigniour, al grant diſhonour du roy et de tote realme, et damage par cas en temps avenir, qe de dieu deffende.

Enſy, le dit Roger ſy ad pris er faite prendre devers luy et les autres de ſa companie de treſore le roye a ſa volunte ſans noumbre en deners et jeueux, en deſtruccion du roy; iſſint qe le roy nad rien de paiere pur ſon viure.

Enſy, le dit Roger ſi ad fait prendte devers luy et devers ſez alliez lez xx mille marz quex ſont venus hors dez Scozce pur la fourme de la pees, et rien eſt venue al profite du roy.

Enſy le dit Roger cez priſes par my le realm auxi come roy et ſeigniour de tutte, et entre luy et lez autres de la covigne merent al double del gentz et chivalez en la company le roy qe le roy ne fiſt, en deſtruccion del people, ſans faire payment altre qe a lour volunte.

Enſy, le dit Roger par ſon real pouare fiſt le roy, granter a la montance del CC. chivalers a ceoux Dirland que avount p. 281ruez lez grantes et autres de la terre que furent de la foy le roy en cellez pa…. P…r la ou le roy devoit pluis oſt par reſon avoyre vengee loure mort de pardonee contre fourme de parlement.

Enſy le dit Roger compaſſa devoyre deſtrut lez noryes le roy et lez ſecrettez le roy de queuz il ſe pluis a…ya. Et ſuſmyt al roy en preſence la reyne ſa miere et dez eveskes de Nichole et de Salusberye et autres de counſaile le roy qe lez avanditez ſecretez le roye luy exciterent deſtre la covygne dez enmys par de lay, en deſtruccion de ſa miere et del avant dite Roger; La quela choſe il affirma tant ſour le Roy que le parole le Roye ne poet creu. Et cele vendurdi deinz la nute qils eſtoient priſez, a la myt nyt ſuant, donke pur lez caulez ſuſeſcriptes et molt dez autrez choſes que ne ſont pas ore a dyre touz, ſi fiſt le dit roy prendre en la manere par eide et aviſement dez priveez et nuriicz come il vous ad ſouent monſtres.

Tunc propter cauſas ſubſcriptas et multas alias quae jam non ſunt recitandae ad praeſens, Rex praecepit Comitibus, Baronibus, et caeteris Magnatibus regui, juſtum judicium ferre ſuper praedicto Rogero Mortymere. Qui omnes adinvicem conſulentes venerunt, dicentes, quod omnes et ſinguli articuli ſuperius de dicto Rogero attestati veri ſunt et notorii, et omni populo terrae cogniti, et praecipuè articulus tangens mortem regis apud Berkeleye; unde reſpiciatum eſt et adjudicatum, quod praedictus Rogerus, ut proditor et inimicus regis et regni, diſtrastus ſit et ſuſpenſus tertio kalend. Septembris apud Londonias. Cujus corpus duobus diebus et duabus noctibus nudum pendebat ſuper furcas.

By theſe Articles it is evident, 1. that it was adjudged high Treaſon in him to murther King Edward the 2. after his reſignation of, and depoſition from the Crown, by his own and a Parliaments conſent; How much more then to deſtroy, murther him, when an actual lawfull King, when never depoſed, without and againſt his Parliaments conſents, and contrary to their reſolutions, proteſtations, Covenants, Oaths? 2ly. That to come with armed forces to any Parliament, to over-awe, force, menace, p. 282terrifie thereby, and drive away any of the Members thereof from it and compel the reſt to comply with, or not to oppoſe what this armed party propounds (or to put any Nobleman to death) is a high and treaſonable offence; That Lords and other Members may juſtly depart from Parliament without doing any thing, when there is any ſuch force upon them: Let Lilburn and others guilty of ſuch Treaſons ſadly conſider them, and take timely warning by this preſident.

In the (n)(n)An Exact Abridgemen. p 85, 86.Parliament of 28 E. 3. n. 7. to 14. Roger Mortimer of Wigorn, Coſin and heir to this executed Roger, required by his Petition, that the Act of his Attainder in the Parliament of 4 E. 3. n. 1. might be examined, and for manifeſt Errors therein reverſed; whereupon the record was brought into Parliament, and all the Articles, Proceedings and Circumſtances of his Judgement at large recited. Which being read, it was alleged, that the judgment was defective & erronious in all points (not for the ſubſtance of his Charge) for that the ſaid Earl was put to death and diſinherited, (by the Lords, as Judges o… Parliament, by the Kings command) Sans nulle accuſement, et ſans eſtre meſne au juggement, au en respons, without any accuſation, and without being brought to Judgement, or to anſwer: for which cauſes it was prayed, That the ſaid Statute and Judgement might be reverſed and annulled. For which cauſes, Noſtre Seignour le Roy, et les dits Prelates, Prince, Duks, Countz et Barons, per accord des Chivalers des Counts, et des ditz Comunes, re…ellent et anientiſſent, et pur erroigne et irr…t ajudgent les Records et Iuggements ſuis dits. This Judgement (whoſe reverſal is alſo recited in Clauſ. 28 E. 3. m. 7. & 29 E. 3. rot. Parl. n. 29.) though given in Parliament, being erronious and void in Law, becauſe given without any lawful accuſation, trial, anſwer and arraignment of the party, againſt the Great Charter and Law of the Laud; which ought to be obſerved, not violated by the Lords or Parliament it ſelf in their Judicial proceedings.

In this Parliament of 28 E. 3. …. 13. Richard Earl of p. 283Arundel by Petition ſhewed; that in the Parliament of 1 E. 3. touching the attaind… of Edmund Earl o… Arundel his Father, a Statute was made without forfeiture, albeit he was put to death, and prayed, that he may now be taken as heir of his Father, and that Act reverſed as erronious▪ which being read, and duly conſidered, … ſu…ce… oue bon deliberation et auys a graunt … noſtre Seigniour le Roy, Prelates, Prince, Duk…, … Barons …, il apiert clerement que le dit Edmund fuiſt non … a la mert, et que parols recites eu le dit Statute touchant la mort et destruction de dit Edmund ſont voydes, erroignes et nulles. Pur quoi nostre Seignior le Roy et les ditz Prelates, Prince, Dukes, Countz e… Barons, per accord des Chivalars des Counte… et des dites Commune, ajuggent et agardent, que la recitation et quelque eſt en le dit Statute touchant la mort et deſtruction du dit Edmund, ſont Voides, erroignes et nulles, &c. et ſoint anientez et pur nul toutz a toutz jours. The ſaid Edmund being put to death without due proces or trial by his PEERS, according to the Law of the Land and the Great Charter; Therfore the Act confirming this erronious attainder, was thus reverſed, repealed, and nulled.

In theſe two laſt Records it is obſervable: Firſt, that the King and Lords debated, adjudged theſe Judgements and attainders to be erronious; but becauſe they were confirmed by Act of Parliament, the aſſent of the Knights of Shires and Commons was required and had to their reverſal, as well as to the nulling and repealing of other publike Acts.

In the Parliament of (a)(a)An Exact abridgement of the Records of the Tower, p. 121, 122.50 E. 3. rot. Parl. n. 21. to 31. William L…d Latymer was accuſed by the Commons, for divers oppreſſions by him done to the Kings people, both during his command in Britain, and alſo in the time that he was Chamberlain to the King, and of his Council in levying divers ſums of money for victuate and ranſoms amounting to many thouſand pounds, for which he never accounted; For the loſs of ſundry Fo…s and Towns in Normandy and Brittain to the Enemy, of which he had the command, and partaking with Richard Lions in thoſe illegal Impoſitions, and miſdemeanours, whereof he was then p. 284impeached by them. Whereunto the Lord Latymer, ſaving the tryal of his Peers, offered to anſwer any particular perſon… that would complain againſt him; but that the Commons would not do, but prayed he might anſwer their charge in general: whereupon he anſwered every of the Charges againſt him, and that very fully in open Parliament before the LORDS. Yet notwithſtanding the Biſhops and Lords gave Iudgement againſt him in full Parliament; that for his ill Counſel and Government, againſt the profit of the King and Realm, and namely for divers Cheviſances to the Kings loſs, for procuring grants to the deſtruction of the Staple and Town of Calice, and for divers impoſitions laid upon wools, he ſhould be committed to priſon, under the cuſtody of the Marſhal, and make fine and ranſom at the Kings pleaſure. Whereupon the Commons further required; That he might loſe all his Offices, and be no longer of the Kings Council: which the King granted. After which this Lord found certain Lords and others of quality (whoſe names are mentioned in a Schedule annexed to the Parliament roll) to be his Mainpernors, for the forth-comming of his body during the Parliament; Upon which the Marſhal offered him to be at large.

In the ſame (b)(b)An Exact abridgement, p. 123.Parliament, 50 E. 3. rot. Parl. n. 34. John Lord Nevil was accuſed, that during the time he was of the Kings privy Council he bought certain debts due by the King to the Lady Ravenſham and Simon Love, a Merchant, at under values; and for receiving of the King more wages and for a longer time than was due for one hundred Souldiers in Britain. Upon which he confeſſed he received 95 l. of the Lady for the obtaining of her debt only, our of her meer good will, which was not diſproved. The Charge touching Love, he wholly denied. Love thereupon being brought into the Parliament before the Lords; wholly excuſeth the Lord Nevil: But becauſe Love the day before had confeſſed the contrary unto two of the Knights of the Parliament; he was committed to Priſon by the LORDS. To the receiving of Wages, he p. 285fully cleared himſelf: Notwithſtanding the LORDS GAVE JUDGEMENT of impriſonment, and of l…ſ… of Lands, Goods and Offices againſt him▪ and that he ſhould make reſtitu… of the 95 l. to the Ladies Executors.

Theſe Judgement… … the Commons importunity were ſo unjuſt; that in the very next (c)(c)An Exact abridgement, p. 150.Parliament of 51 E. 3. rot. Parl. n. 75. upon the prayer of certain Biſhops, Lords, and the Commons themſelves, the Lord Latymer by the Kings grant and royal aſſent, and the Authority of the Lords was reſtored to his Offices and Privy Counſellorſhip, whereof he was deprived by them this Parliament, upon untrue Suggeſtions. Such partiality and injuſtice is there many times even in Parliaments themſelves, out of malice, faction or affection.

In the (d)(d)An Exact abridgement, p. 291, 292, 293. Walſingham, Hiſt. Angl. p. 332, 333.Parliament of 7 R. 2. holden at Weſtminſter the Monday next before the feast of All Saints, rot. Parl. n. 13.15. to 24. Ralph Nevil the martial Biſhop of Norwich was accuſed in Parliament, for not ſerving the King in his wars in Flanders for ſo long a time, and with ſo many men, and with a ſufficient General, as he promiſed, whereby the Voyage was loſt, to the Kings diſhonour and damage, and for ſelling the Caſtle of Gravelin to the French for money: which the Chancellor in open Parliament declared againſt him: The Biſhop anſwered thereunto in perſon, albeit in this caſe he ſaid, he might have Counſel: with this Proteſtation, that he might at all times, avoyd or amend his anſwer. To which anſwer of his the Chancellor replied: In concluſion upon debate, THE KING AND LORDS reſolved his anſwer to be no ſufficient excuſe of what was charged against him: Whereupon the Chancellor by ASSENT OF THE LORDS, concluded, That although the King might paſs on the Biſhop as a Temporal Lord, by reaſon he took upon him to ſerve him as a Souldier, and had the Sword carried before him, contrary to his profeſſion; yet for that time (in regard he was a Biſhop) the King would ſpare to lay hands on, or impriſon his perſon, as he might doe. And therefore they ADJUDGED him, to make fine and ranſom to the King, at p. 286his pleaſure, whereunto he ſhould be compelled by the ſeiſure of his temporalties: And it was commanded that from thence the Sword ſhould no more be carried before him.

In the ſame (d)(d)Walſing. Hiſt. Angliae, p. 337.Parliament held this year, about the feaſt of St. Martin in quo (prout jam a multis conſuevit temporibus) nihil dignum memoria fuit actum, praeter illud quod ſedulo actitabatur (as now in our age) extortio, videlicet pecuniae de clero et communi plebe ad ſuſtentationem militibus werrae regalis. Nondum Parliamentum finitum fuerat, cum nova de partibus borealibus ſunt allata de captione Caſtelli de Berwico per Scotos, cujus cuſtodiam Comes Northumbriae, domibus Henricus Percey avito jure poſſedit. Scoti namque mediante pecunia, de quodam qui ſecundarie caſtri cuſtodiam tunc habebat, introitus caſtelli doloſenacti ſunt. Factum eſt ergo Duce procurante Johanne (ut dicitur) ut pro perditione dicti Caſtelli regalis Come… Iudicium qui aderani Optimatum et regis ſententiam da…ationis exciperet in eum publice promulgatam. Cujus executionis vindicta per regem poſtea cito relax…ta fuit, quamvis id Duci (ut dicitur) diſpliceret. Acta ſunt haec, 14 die Decembris in eodem Parliamento, non obſtante quod idem Comes ad dictum Parliamentum vocat…s fuerat per breve regium, et ad cuſtodiam ſuae patriae morari maluiſſet. Haec ideir…o cauſa inter ipſum Ducem er Comitem poſtea irae et odii …omitem miniſtravit.

At the Parliament held at (f)(f)Walſingh. Hiſt. Angliae, p. 334, 335. Ypodigma Neuſtr. p. 141.Salisbury, an Iriſh Frier Carmelite delivered a Schedule to the King, conteining divers treacherous plots and Treaſons againſt him by the Duke of Lancaſter, that he had reſolved ſodainly to kill, oppreſs the King, and ſeiſe upon the Kingdom; ſetting down the time, place, and all other circumſtances; taking his Oath upon the Sacrament of Chriſts body that every word contained in that Schedule was true: adviſing the King not to believe the Dukes excuſes, nor to deferr his judgement, leſt he ſhould raiſe forces againſt him to effect his deſign, or be deceitfully reconciled to him. The King hereupon being young, NON DOMINOS, NON PARES REGNI p. 287ſuper tantis negotiis, ut diſecr…erant qui… … co…ſulait, but two C…eras of his Chappel his accuſtomed Counſellors: whiles the King and they were privately debating the buſineſs, the Duke came in unto them; whom the King beholding with a ſtern countenance, and not receiving him with that honour as formerly; he ſuſpecting the King conceived ſomething in his mind againſt him, withdrew himſelf: But by the Chaplains advice he was called in again, and the Schedule delivered him to read. Which having read, he ſaid with a great ſign to the King. Heu Domine mi, cur fidem datis talibus dela toribus? Cur de mea perſona talia opinamini? Nonne ſum a…unculus veſter? Nonne tutor extiti? Nonne poſt vos principalis i… regno? Quid mihi ſuaderet vos prodere, vel certe necare qui nihil lucri reciperem de veſtra morte? Nunquid hoſtes …eſtri me ditiorem facerent in terra ſua, quam effectus ſum in terra veſtra, et in natali ſolo? Aut ſi regnum affectarem credendu …ne eſt poſt veſtram inte…fectinnem (quod abſit) Dominos hujus Regni aqu…nimiter ferre me poſſe Domini mei et patriae pro…torem? Deli…ere (ſi placet) fidem …ar… …alia …leren…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 reſponſioni…, 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 …rater p. 288eum, 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 **An Exact abridgement, p 299, 300.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.

(g)(g)an Exact abridgement p. 315, 316.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 (i)(i)De Eventibus Angliae, l. 5. c. to. col. 2680. to 2685.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 uncertain… 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 p. 289Parliament, 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 rejoynd…r replied and anſwered to them, his defence ſ…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, (i)(i)Ypodigm. Neuſtriae. p. 144. Hiſt. Ang. p. 352, 353, 354.Walſingham addes, That he was deprived likewiſe of his Chancellorſhip and adjudged worthy of death; yet the Lords would not put him to death p. 290but ſent him priſoner to Windſore Caſtle. Rex autem non multo poſt annullavit quicquid in Parliamento ſtatutum fuerat contra ipſum.

In the (k)(k)an Exact abridgement, p. 321, 322.Parliament of 11 R. 2. rot. Parl. …. 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 weight… 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 Cou…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 Alexand…r Archbiſhop of York, Robert de Vere Earl of Ireland, M… chael de la Poole Earl of Suffolk, Robert Treſylam Chief Juſtice, Nicholas Bramber Knight, and other of their adherents of High Treaſon againſt the King and his Realm.

The Articles they exhibited againſt them were 36 in number, at large recorded in Henry de Knyghton de Eventibus Angliae, l. 5. col. 2713. to 2727. with the whole proceedings thereupon, for which many were attainted, condemned, executed BY JUDGEMENT OF THE LORDS, notwithſtanding the Kings interceſſion for ſome of them to the LORDS: they are likewiſe mentioned in the printed Statutes at large, of 11 R. 2. c. 1, 3, 4. in Walſingham Hiſt. Angliae, p. 359 to 367. and other vulgar (l)(l)Holinſhed, Truſſel, Graft. Stow, Speed, Baker.Hiſtorians: I ſhall therefore for brevity refer you to p. 291them. Exactum est juramentum a rege, ad standum REGULATIONI PROCERUM, et non ſolum a rege, ſed a cunctis regni incolis, idem juramentum est expetitum.

In the (m)(m)Exact abridgement, &c. p. 338, 391, 392.Parliament of 14 R. 2. n. 14. The King and Lords (without the Commons) declared, That in the 7 year of this King, the Earldom of Richmond, with the appartenances, WERE ADJUDGED BY THE KING AND LORDS to be forfeited to the King, by reaſon of the adherence of John Duke of Britain, then Earl of Richmond, to the French; againſt his allegiance to the King, and his father king Edward the 3. which judgement was not then enrolled in the Rolls of Parliament for certain cauſes known to the King and LORDS, but was now inrolled, and the lands granted to the Earl of Weſtmerland, which King Henry the 4th would not revoke upon the Commons Petition to reſtore them to the Duke, 1 H. 4. rot. Parl. n. 78.

In the Parliament of 17 R. 2. n. 11 Richard Earl of (n)(n)Exact abridgement p. 352.Arundel, in the preſence of the KING and LORDS accuſed the Duke of Lancaſtre of 5 particular miſdemeanors: In which when the King had juſtified him; it was awarded by the King, BY THE ASSENTS OF ALL THE LORDS, that the Earl ſhould in full Parliament make a formal ſubmiſſion to the Duke, and crave pardon for his falſe accuſation.

(o)(o)Exact abridgement. p. 368.In the Parliament of 21 R. 2. rot. Parl. n. 12. to 17. the Commons impeached Thomas Arundel Archbiſhop of Canterbury of high Treaſon, for procuring the Duke of Gloceſter and others there named to accroach to themſelves regal power, and execute the Commiſſion of 10 R. 2. when he was Chancellor; praying that he might be kept under ſafe cuſtody, with a proteſtation of making for her accuſations during the Parliament againſt him and others. After which they prayed the King to give judgement againſt the Archbiſhop, according to his deſert: who ſubmitted himſelf to the Kings mercy:(o)(o)Walſingham Ypodig. p. 151. Hiſt. Angl. p. 3…2, 39…. Whereupon the KING & LORDS and Sir Thomas Piercy, (the general Proctor for the Biſhops in this caſe) adjudged the fact of the Archbiſhop to be Treaſon, and himſelf a Traytor; and that thereupon he ſhould be baniſhed, his p. 292temporalties ſeiſed, and all his lands in proper poſſeſſion or uſe, together with his goods forfeited to the King, and preſenting the day and place of his departure into exile.

After this in the ſame (p)(p)An Exact abridgement, p. 376, 377, 378. Placita Coronae eoram Domino Rege in Parliamento ſuo, &c. anno 21 R. 2. n. 1. to 26.Parliament of 21 R. 2. the Lords Appellant therein named accuſed the Duke of Gloceſter, the Earls of Arundel and Warwick, and others of High Treaſon, for procuring the Commiſſion in 10 R. 2. for raiſing forces, and coming to the Kings perſon armed; For accroching to themſelves royal power, and adjudging ſome to death, and executing them as Traytors in the Parliament of 11 R. 2. For intending to ſurrender up their Homage and allegeance to the King, and then to depoſe him; and ſaying they had good cauſe to depoſe him, &c. Hereupon the Earl of Arundel being brought in cuſtody to the Parliament before the Lords, by the Kings command and aſſent of the Lords, had his charge read and declared before him by the Duke of Lancaſter Steward of England; to which he pleaded his pardon: which plea being diſallowed, becauſe his pardon was revoked by this Parliament, and he relying on it without any other plea▪ the Lords appellants prayed judgement againſt him, as convict of the Treaſons aforeſaid: Whereupon the Duke of Lancaſter, by aſſent of the KING, Biſhops, Earles, and LORDS, adjudged him convict of the Articles aforeſaid, and thereby a Traytor to the King and Realm, and that he ſhould be therefore hanged, drawn and quartered, and forfeit all his Lands in fee or fee-tayl which he had in the 10. year of this King, with all his goods and chattels. But for that he was come of Noble bloud, the King pardoned his execution of hanging, drawing and quartering, and granted that he ſhould be beheaded: which was accordingly executed the ſame day on Tower hill by the Marſhal of England. The 28. of September, the (q)(q)Walſingham, Hiſt. Angliae, p. 392, 393. Ypodig. Neuſtriae p. 151, 152.Earl of Warwick was brought ao his Trial in the ſame manner as the Earl of Arundel; who confeſſed all the Articles, ſubmitted to the Kings grace, and had the ſame judgement pronounced againſt him in the ſame manner as the p. 293Earl of Arundel. But the King at the Lords Appellants and others requeſts pardoned his execution, granted him his life, and baniſhed him into the Iſle of Man. The Duke of Norfolk by aſſent and Act of Parliament, was tried in a Court Martial by the King, Lords and ſome Knights, for words ſpoken againſt the King, and judgement was there given that he ſhould be baniſhed into Hungary, and his lands forfeited to the King.

Within one year after (ſuch is the viciſſitude of all worldly honour and power) in the (r)(r)An Exact abridgement, p. 399, 400, 408.Parliament of 1 H. 4. Plac. Coron. n. 1. to 11. at the prayer of the Commons, the great Lords Appellants, Edward Duke of Albemarl, Tho. Duke of Surry, John Duke of Exeter, John Marqueſs Dorſet, John Earl of Salisbury, and Thomas Earl of Gloceſter, were all queſtioned and brought to their ſeveral anſwers before the King and Lords for their Acts and proceedings in the Parliament of 21 R. 2. the records whereof being read before them in Parliament, they made their ſeveral anſwers and excuſes thereunto: whereupon the King and Lords, after conſultation thereupon, ADJUDGED, that the ſaid Dukes, Marques, and Earls ſhould loſe their ſeveral Titles and Dignities of Dukes, Marqueſs and Earls, with all the honor thereunto belonging; and that they ſhould forfeit all the Lands and goods which they or any of them had given them, at the death of the Duke of Gloceſter, or ſince: and that if they or any of them ſhould adhere to the quarrel or perſon of King Richard, lately depoſed, that then the ſame ſhould be Treaſon. The which Judgement was pronounced againſt them, by William Thurning, Chief Juſtice of the Kings Bench, in Parliament, by the Kings command; but in the Parliament of 2 H. 4. rot. Parl. n. 33. upon the Petition of the Lords and Commons to the King, the Earls of Rutland and Somerſet were pardoned, and reſtored by the King in Parliament.

In the (ſ)(ſ)An Exact abridgement, p. 405, 407.Parliament of 2 H. 4. n. 14. the Biſhop of Norwich, was accuſed by Sir Thomas Erpingham, the Kings Vice-Chamberlain before the King and Lords, of divers offences againſt the King; who taking the accuſation to p. 294be good becauſe of the Biſhops order, and that he was of the king… linage; pardoned the ſaid Biſhop, all his miſpriſions done againſt his perſon, and reconciled the Biſhop and Sir Thomas one to another. And n. 30, 31. all the Lords Temporal (whoſe names are there recorded, being 25. in number) by aſſent of the King, declared and ADJUDGED, Thomas Holland late Earl of Kent, John Holland late Earl of Huntingdon, John Mountague late Earl of Salisbury, Thomas le Despencer, Sir Ralph Lumley Knight, and divers others (who were for their Rebellions and Treaſons, in levying war againſt the King, taken, ſlain or beheaded by certain of the Kings Subjects) to be Traytors, and that they ſhould forfeit all ſuch Lands as they had in fee the 5. of January, the firſt year of the King, or at any time after, with all their goods and chattels: The Record is, Toutz les Seigneurs temporelz eſteantz en Parlement, per uſſent du Roy declarerent, et adjuggerent les ditz Thomas, &c. pur Trayteurs, pur la leve de Guerre encountre lour Seignior le Roy, nient obſtant qils furent mortz ſur le d…t leve de guerre ſanz proceſs de ley. Lo here the Lords alone by the Kings aſſent, declare and adjudge what is Treaſon, both in the caſe of Lords and Commoners too, and …taint and give Judgement againſt them both, without the Commons, after their deaths, without legal trial.

In the **Cook 3 Inſtit. p. 22. &c. Exact abridgment, p, 426.Parliament of 5 H. 4. rot. Parl. n. 11, 12, 13, 14. On Friday the 18 of February the Earl of Northumberland came before the King, Lords and Commons in Parliament, and by his Petition to the King, acknowledged, that he had done against his Lawes and allegeance; and eſpecially for gathering power & giving of Liveries, for which he put himſelf upon the Kings grace and prayed pardon, the rather, for that upon the Kings Letters he yielded himſelf, and came to the King at York; whereas he might have kept himſelf away. Which Petition by the Kings command was delivered to the Juſtices to be examined, and to have their counſel and advice therein: Whereupon the LORDS made a Proteſtation; que le Juggement appentient a …ux tout ſoulement, THAT THE JUDGEMENT p. 295APPERTAINED ONLY TO THEM. And after the ſaid Petition being read and conſidered before the King and the ſaid Lords, as Peers of Parliament, aus queux teils juggeme…t apperteignent de deoit; to whom ſuch Iudgements appertained of right, having had by the Kings command competent deliberation thereupon: and having alſo heard and conſidered as well the Statute made in the 25. year of King Edward the Kings Grand father that now is, concerning the Declaration of Treaſon, as the Statutes of Liveries made in this Kings reign, ADJUDGED; That that which was done by the ſaid Earl contained within his Petition, was neither Treaſon, nor Felony, but Trespas; for which the ſaid Earl ought to make fine and ranſom at the will of the King. Whereupon the ſaid Earl moſt humbly thanked our Lord the King, and the ſaid Lords his Peers of Parliament for their rightfull judgement and the Commoners for their good affections and d…ligence uſed and ſhewen in this behalf; And the ſaid Earl further prayed the King, that in aſſurance of theſe matters, to remove all jealouſies and evil ſuspitions, that he might be ſworn a new in the preſence of the King, and of the Lords and Commons in Parliament; and the ſaid Earl took an Oath upon the Croſier of the Archbiſhop of Canterbury, to be a faithfull and loyal liege to our Lord the King, the Prince his Son, and to the heirs of his body inheritable to the Crown according to the Laws of England; Whereupon the king out of his grace pardoned him his fine and ranſom for the trespaſs aforeſaid. After which, num. 17. the Lords Spiritual and Temporal, humbly thanked the King, ſitting in his royal Throne in the white Chamber, for his grace and pardon to the ſaid Earl of his fine and ranſom: and likewiſe the Commons thank… the Lords Spiritual and Temporal, for the good and juſt Iudgement they had given, as Peers of Parliament to the ſaid Earl.

From this memorable Record▪ I ſhall obſerve; Firſt, that though this Declaration of this Earls caſe was made by his Petition in the preſence of the King, Lords and Commons in Parliament, according to the Statute of 25 E. 3. yet the Lords only by Proteſtation in preſence of the King and p. 296Commons, claimed to be the ſole Iudges of it, as Peers of Parliament, and belonging to them OF RIGHT. Secondly, That this claim of theirs in this caſe, was acknowledged and ſubmitted to both by the King and Commons: and thereupon the Lords only, after ſerious conſideration of the caſe and Statutes whereon it depended, gave the definitive ſentence and judgement in this caſe; that it was neither Treaſon nor Felony, but Treſpaſs only, &c. Thirdly, That the Earl thanked the King, only for his grace, the Lords for their juſt Iudgement, and the Commons only for their good hearts and diligence, having no ſhare in the judgement, though given by the Lords both in the Kings and their preſence; and that the Commons themſelves returned ſpecial thanks to the Lords Spiritual and Temporal in Parliament, for their good and juſt judgement. Fourthly, That this judgement of the Lordr only, was final and concluſive, both to the King and Commons, who acquieſced in it.

In the (t)(t)Exact abridgement, p. 539.Parliament of 2 H. 5. rot. Parl. num. 13, 14. Thomas Mountague Earl of Salisbury, ſon and heir of John Mountague Earl of Salisbury, exhibited his petition in Parliament to reverſe a judgement given againſt his ſaid father in the Parliament at Weſtminster in the ſecond year of King Henry the fourth, rot. Parl. n. 30, 31. forecited, wherein amongſt others he was attainted of Treaſon by judgement of all the Temporal Lords in Parliament: and thereupon he exhibited certain reverſals of Judgements given in Parliament, as making on his behalf, to the Lords conſideration, reverſed for ſome errors aſſigned in thoſe judgements; to wit, one judgement given againſt Thomas heretofore Earl of Lancaſter, before King Edward the ſecond at Pomfract, the Monday before the feaſt of the Annunciation, in the fifteenth year of his reign▪ and another Judgement againſt Roger de Mortymer, late Earl of March, in the Parliament of King Edward the third, the Monday after the feaſt of St. Katherine, in the fourth year of his reign, at Weſtminſter. Which Judgements being diſtinctly and openly read… and fully underſtood; It ſeemed to the King and Lords, that the caſe of the death p. 297and execution of the ſaid John late Earl of Sarum, and of the judgement aforeſaid againſt him given, is not, nor was like to the caſe of the executing of the ſaid Th. heretofore Earl of Lancaſter, nor to the caſe of the putting to death of Roger Earl of March, nor to any judgement given againſt the ſaid Thomas and Roger, as aforeſaid, but that the judgement and declaration had and given againſt the ſaid John late Earl of Sarum were a good, juſt and legal Declaration and Iudgement. Per quod: conſideratum ſuit in praeſenti Parliamento per praedictos Dominos tunc ibidem exiſtentes, de aſſenſu di… Domini noſtri Regis quod praefatus nunc Comes Sarum nihil capiat per petitionem, aut proſecutionem ſuam praedictam. Et ulterius tam Domini ſpirituales quam temporales ſupradicti, judicium et Declarationem pradicta verſus dictum Joannem quondam Comitem Sarum, ut praemittitur habita ſive reddita de aſſenſu ipſius Domini Regis affirmarunt fore et eſſe bona, juſta et legalia, et ea pro hujuſmodi ex abundanti decreverunt et adjudicarunt tuuc ibidem. (t)(t)Exact Abridgement, p. 539.This is all that is mentioned in that Parliament Roll concerning this buſineſſe.

Sir Edw. Cook who hath an excellent faculty above all others I have yet met with, in miſtaking, miſ-reciting, and perverſing Records, and Law-books too oft times, which he had no leiſure to peruſe (which I deſire all Lawyers and others to take notice of who deem all he writes to be Oracle, leſt they be ſeduced by him) in his 4 Inſtitutes, p. 23. affirms with confidence, That in this Rot. Parl. 2. H. 5. n. 13. Error was aſſigned (to reverſe this judgement) that the Lords gave judgement without Petition or aſſent of the COMMONS; citing it to prove, that the COMMONS have a power of judicature, together with the LORDS. But under his favour, I can aſſure ye Reader, 1. That there is no ſuch error at all either mentioned or intended in this Record, nor any one ſyllable tending to that purpoſe.

2ly. The Petition mentions no error at all in this judgement; but only remembers two preſidents of judgement p. 298formerly reverſed; the firſt in the caſe of Thomas Earl of Lancaſter, in 15 E. 2. which judgement was given againſt him at Pomfret Castle, which was afterwards reverſed, as Sir Edward Cooke himſelf informs us in his 3 Inſtitutes, c. 7. p. 52, 53. in Paſ. 39 E. 3. Coram rege, rot. 92. for this only reaſon, Qua contra Chartam de libertatibus, cum dictus Thomas fuit unus PARIƲM & MAGNATUM Regni, non impriſonetur, &c. nec dictus Rex ſuper eum ibit, nec ſuper eum mittet, niſi per legale judicium PARIUM SUORƲM, &c. tamen tempore pacis abſque juramento, ſeu reſponſione, ſeu legale judicio PARIUM SUORUM, &c. adjudicatus eſt morti. The other was the judgement given againſt Roger Mortymer in the Parliament of 4 E. 3. reverſed for the like reaſon in the Parliament of 28 E. 3. n. 10, 11, 12. forecited, being condemned and executed by the Lords, without any arraignment, hearing, trial, or anſwer, againſt the Great Charter. Now theſe two Preſidents are pointblank againſt this pretended error alleged by Sir Edward Cook, That the Lords gave judgement without the aſſent of the Commons, and it had been very improper for them to allege the reverſal of them for want of a legal tryal by their Peers; to prove that the Commons, who are no Peers, ſhould have aſſented to the Earl of Salisburies judgement; and becauſe they did it not, it was Error and reverſible; Theſe preſidents therefore might have minded him of his groſs miſtake.

3ly. The King and Lords upon conſideration declared, and adjudged theſe two caſes and judgements, upon peruſal of them not to be like the caſe of the Earl of Salisbury, who being ſlain in rebellion, and actual war againſt the king; could not be perſonally arraigned and condemned, as the other two might, and ought to have been, and therefore the judgement given againſt him in this caſe by the King and Lords in Parliament, who were his Peers, was a good, just, and legal judgement, and no ways againſt the great Charter.

4ly. The Commons themſelves in the Parliament o p. 29913 H. 4. rot. Parl. n. 19. acknowledged this judgement to be good without their aſſents, by their Petition to the K…ng that John Lumly whoſe Father was attainted of Treaſon by it (together with the Earl of Salisbury, might be reſtored to blood and lands (by Act of Parliament, and the Kings grace) notwithstanding this judgement of Treaſon againſt them. Which the King; by aſſent of the Lords Spiritual and Temporal, conſented unto.

5ly. In the Parliament of 3 E. 4. n. 31, 32. this judgement was made void and repealed out of the Kings Grace, by a ſpecial act of Parliament, and the heir reſtored, but the judgement not reverſed for any Error.

6ly. Had there been any ſuch Error aſſigned, as is alleged; yet the King and Lords, upon ſolemn debate and deliberation, over-ruled, and adjudged it to be no Error at all (as he pretends it) and thereupon abated the Petition, and adjudged the Judgement and Declaration given by the Lords alone, with the Kings aſſent, in 2 H. 4. (without the Commons Petition or aſſent) to be GOOD, JUST, AND LEGAL, reconfirming it a new on Record as ſuch: Therfore it was a groſs overſight in him to aſſign and print it as an Error, and a Preſident of the Commons Houſe, or both Houſes power of judicatures together: when as it is a moſt undeniable double Parliamentary reſolution, of the Kings and Lords ſole right of judicature, & of their declaring and judging in Parliament what is Treaſon, and what not within the Statute of 25 E. 1. without the Commons aſſent or privity, and an unanſwerable refutation of his ſole opinion to the contrary in his 3 Inſtitutes, c. 2. p. 22. which he oppoſeth againſt not only theſe two Parliamentary reſolutions, but likewiſe againſt 5 H. 4. n. 11, 12.15 and 17 R. 2. rot. Parl. n. 20. there quoted by him. By this you may judge how little credit is to be given to Sir Edwards quotations and authority, in matters concerning Parliamentary Judgements and Records.

In the **Exact Abridgement, p. 641, 642, 643, 644.Parliament of 28 H. 6. rot. Parl. n. 14. to 53. The Commons generally accuſing, William de la Pool Duke of Suffolk to the King and Lords, he thereupon required p. 300of the king, that he might be ſpecially accuſed, and heard to anſwer to that which many men reported of him to be an untrue man, making therewith a proteſtation of his manifold good ſervices in the wars, and as a Privy Counſellor for ſundry years; and ſo asking God mercy, as he had been true to the King and his Realm, required his purgation; The 26 of January the Commons required, that for this his Confeſſion he might be committed to ward. The Lords and Judges upon conſultation, thought there was no good cauſe for that, unleſſe ſome ſpecial matter were objected againſt him. The 28 day of January, the Speaker declared that the ſaid Duke (as it was ſaid) had ſold the Realm to the French, who had prepared to come hither, and for his own defence had furniſhed Wallingford Caſtle with all warlike neceſſaries; upon whoſe requeſt the ſaid Duke was then committed to the Tower of London. The 7 day of February, the Commons by William Truſſel their Speaker, brought up and preſented to the King and Lords in the Lords Houſe a Bill againſt the ſaid Duke, containing an impeachment of ſeveral High Treaſons committed by him againſt the King, requiring of the Lords all their Articles therein to be enacted, with proſecution therein. The 9. of March they exhibited new articles of complaint againſt the Duke, compriſing ſundry miſdemeanors againſt the king, and other perſons, which they require might be enrolled, and that the Duke might anſwer to them. The 9. of March the Duke was brought by the kings writ from the Tower into the Parliament Chamber, before the King and Lords; where the Articles were rehearſed to him, who deſired Copies of them, which was granted: And he for more ready anſwer was committed to certain Eſquires, to be kept in the Tower, within the kings palace. The 14 of March the Duke appeared before the K. & Lords where on his knees he denied as untrue the 8 Articles of Treaſon, and the ſame offered to prove, as the King ſhall appoint.

The Chief Juſtice thereupon by the kings command, asked this Queſtion of the Lords, what adviſe they would give the King, what is to do further in this matter? p. 301which adviſe was deferred till Monday then next following; whereon nothing was done in that matter. On Tueſday the 17 of March, the king ſent for all the Lords Spiritual and Temporal then being in Town (being 24 in all) into his Inner Chamber within his Palace of Weſtminſter, where when they were all aſſembled, he then ſent for the Duke thither; who coming into the Kings preſence, kneeled down, and continued kneeling till the Chancellor of England had delivered the kings command to him; and demanded of him, what he ſaid to the Commons Articles, not having put himſelf upon his Peerage? Whereupon the Duke denied all the Articles touching the kings Perſon, and ſtate of the Realm, as falſe and ſcandalous. And ſo not departing from his ſaid Anſwers, ſubmitted himſelf to the kings Rule and Governance, without putting himſelf upon his Peerage. Where thus the Chancellor told him. That as touching the great and horrible crimes contained in the first Bill, the king holdeth him neither declared nor charged. And as touching the ſecond Bill, containing mispriſions which are not criminal, the king by force of his ſubmiſſion, by his own advice, and not reporting him to the advice of the Lords, nor by way of judgement, for he is not in place of judgement, putteth you to his Rule and Governance; that before the firſt of May next coming, he ſhould abſent himſelf out of the kingdom of England, and all other his Dominions, in France, or elſewhere, and that he, nor no man for him, ſhould ſhew or wait any malice, nor hate, to any perſon of what degree ſoever of the Commons in the Parliament, in no manner of wiſe, for any thing done to him in this Parliament or elſewhere. And forthwith Viſcount Beaumont, in behalf of the ſaid LORDS both spiritual and Temporal, and by their advice, aſſent, and deſire, ſaid and declared to the Kings Highneſs; That this that ſo was decreed and done by his Excellency, concerning the perſon of the ſaid Duke, proceeded not by their advice and Counſels; but was done by the Kings own demeanoir and rule. Wherefore they beſought the King that this their ſaying might be enacted in the Parliament Roll for their more declaration hereafter; with this proteſtation, that it ſhould not be, nor turn in prejudice nor derogation of them, p. 302their heirs, ne of their ſucceſſors in time coming; but that they may have and enjoy their liberty, as they, or any of their Anceſtors and Predeceſſors had and enjoyed before this time.

This is the ſum of this large Record, which makes nothing to the purpoſe for which Sir Edward Cook cites it in his 4 Institutes, p. 25. That it is ERROR when both Houſes joyn not in the Judgement. For firſt, here is nothing but an impeachment only by the Commons of a Peer, who ought to be tryed, judged only by his Peers, not by Commoners. Secondly, there was no judgement given in Parliament in this caſe, but only a private Award made by the King, out of the Parliament Houſe in his own Chamber, in preſence of the Lords. Thirdly, the Lords entred a ſpecial proteſtation againſt it, as not made by their advice or conſent. Fourthly, they enter a ſpecial claim in the Parliament Roll, for the preſervation of their Right and Freedom of Peerage for hereafter, both of being tried and judged only by their Peers in Parliament; and ſo an expreſs reſolution, that the Peers in Parliament are and ought to be Judges, eſpecially of Peers, not the Commons. Theſe Records of theſe cited at large, leſt Sir Edward Cooks brief quotation and miſ-recital of them ſhould deceive the credulous or ignorant Readers.

In the (x)(x)Exact abridgement. p. 653.Parliament of 31 H. 6. rot. Parl. n. 28. Thomas Earl of Devonſhire, was accuſed of Treaſon, tried for, and acquitted thereof by his Peers, before Humfrey Duke of Buckingham, Steward of England for the time being: And for that the Duke of York thought the loyalty of the ſaid Earl to be touched; thereupon the ſaid Earl proteſting his Loyalty, referred himſelf to further Trial as a Knight ſhould doe: upon which declaration THE LORDS in Parliament acquitted him as a loyal Subject.

(y)(y)Exact Abridgement, p. 670, 671, 676, 677.Edward Duke of York, with the Earls of March, Warwick, Salisbury, Rutland, John Lord Clinton, and others, were impeached and attainted by Judgement of the Lords in Parliament, of High Treaſon, for raiſing forces and levying war againſt King Henry the 6. and afterwards attainted p. 303by Bill; in the Parliament of 38 H. 6. n. 7. to 26.

In the (z)(z)An Exact abridgement, p. 670, 671, 672, 677, 699.Pa…liamenr of 1 E. 4. n. 17. to 71. The Duke of Exeter, Viſcount Beamont, the Earls of Pembroke Wilts, and Devonſhire, the Lords Nevil, Roos, Gray, Dacre, Hungerford and others, were firſt attainted and condemned of High Treaſon by THE LORDS, and after by Bill, for levying warr againſt King Edward the fourth. The Duke of Somerſet, and others in the Parliament of 4 E. 4. n. 28. to 39. and John Vere Earl of Oxford, with others in the Parliament of 14 E. 4. n. 34. to 41. were in the ſame manner for the ſame offence, attainted of High Treaſon, and their Lands forfeited. To pretermit all other Attainders of this Nature in caſes of High Treaſon, in the reigns of Henry the 8. Edward the 6. Queen Mary, Queen Elizabeth, and King James, both in our Engliſh and Iriſh Parliaments, formerly touched, p. 196, 197, 198 199. In (a)(a)Cooks 4 Inſtitutes, p. 23. 3 Inſtitutes, p. 148.the Parliaments of 18, & 21 Jacobi, Sir Francis Bacon Viſcount St. Alban, Lord Chancellor of England, and the Earl of Middleſex Lord Treaſurer of England, were impeached, accuſed, convicted of Bribery, Corruption, and other miſdemeanors, removed from their places, fined (Middleſex 50000l.) impriſoned, made uncapable of any Office, and thus cenſured by Iudgement of the Lords houſe, as the Journals of thoſe Parliaments inform us. In the Parliament of 2. Caroli, the (b)(b)See my Hidden works of Darkneſs brought to publike light.Duke of Buckingham impeached the Earl of Briſtol, and the Earl of Briſtol impeached this Duke before the Lords, in ſundry Articles, for divers miſdemeanours touching the Spaniſh match, King, Prince, to ſeduce him in his religion, praying judgment of the Lords thereupon againſt each other. In the Parliament of 3. Caroli, the Duke of Buckingham was accuſed and Impeached by the Commons before the Lords for ſundry high Miſdemeanors, and the Parliament thereupon diſſolved to prevent his cenſure.

In this very Parliament of (b)(b)See this Impeachment and Trial. Mr. John Pyms Speech, and Mr. Oliver St. Johns argument at Law, at his Trial and concerning his Bill of Attainder, 12 April 1641.King Charls now ſitting, p. 304Thomas Earl of Strafford was accuſed and impeached by the Houſe of Commons of High Treaſon, and other miſdemeanors, compriſed in ſundry Articles, which they tranſmitted …o the Houſe of Lords, deſiring that he might be put to anſwer them, and ſuch proceedings, examination, trial and judgement thereupon had and given againſt him by the Lords, as is agreeable to Law and Justice. Hereupon he was openly tried in Weſtminſter Hall, before the Houſe of Lords, there ſitting as his Judges, where the Houſe of Commons proſecuted and gave in Evidence againſt him ſundry dayes; and in concluſion, demanded the Lords to give Iudgement againſt him, in the Iudicial way. After which they proceeded againſt him by way of Bill; not to decline their Lordſhips Iuſtice in a Iudicial way; but to husband time, by preventing ſome doubts and as the ſpeediest and ſooneſt way: Upon the paſſing of which Bill, he was beheaded and executed as a Traytor.

(c)(c)See Mr. Pyms Speech, Feb. 26. 1640. & My Canterburies Doom, p. 25, 26, 27, 28.48, 49, &c.On the 26 of February, 1640. William Laud Archbiſhop of Canterbury, was accuſed and impeached of High Treaſon by the Houſe of Commons of 14. Articles then tranſmitted by them to the Houſe of Lord; The firſt whereof was this; That he had trayterouſly endeavoured to ſubvert the fundamental Laws and Government of the Realm, and instead thereof, to introduce an Arbitrary and Tyrannical Government againſt Law: And the laſt of them, this: That he had laboured to ſubvert the rights of Parliament and the ancient Courſe of Parliamentary proceeding (which the New-modellers of our Parliaments, more guilty hereof by many degrees than he, may do well to conſider:) Upon which they prayed, from the Lords ſuch proceedings, examination, trial and Iudgement againſt him, as is agreeable to Law and Justice. Upon theſe Articles he was brought to a publike Trial in the Lords Houſe the 12. of March, 1643. and after 17. whole dayes ſpent in his meer Trial, and proof of the Charge against him, and his defence thereto morning and evening; and ſeveral other dayes ſpent in the hearing of him and his Council, and the Commons Reply touching his Charge and the matters of Law, whether the p. 305Charge pr… against him amounted to High Treaſon; the Lords upon moſt mature deliberation, voted him Guilty, of all the Articles and matters of fact charged against him, and alſo of High Treaſon; and thereupon paſſed an Ordinance for his Attainder; by vertue whereof he was beheaded as a Traytor on Tower-Hill, January 10. 1644.

To theſe I might add the (d)(d)See My Antipathy of the Engliſh Lordly Prelacy to Regal Monarchy, &c p. 277, 278, 279, 305, &c.ſeveeal Articles of Impeachment tranſmitted by the Houſe of Commons this Parliament to the Lords, againſt Matthew Wren, Biſhop of Norwich the 20. of July 1641. againſt William Pierce Biſhop of Bath and Wells; and againſt the Biſhops of Wincheſter, Coventry and Litchfield, Gloceſter, Chicheſter, Exeter, St. Aſaph, Hereford, Ely, Bangor, Bristol, Rochester, Peterborough and Landaffe ▪ Auguſt 4. 1641. requiring ſuch proceedings from the Lords againſt them, as to Law and Justice ſhall appertain. All which are a ſuperabundant impregnable Evidence of the Lords inherent Judicial power and right of Judicature in our Engliſh Parliaments, even by the Commons Houſe own Impeachments and acknowledgements, againſt the Levellers pretences, to the contrary.

By all theſe forecited preſidents it is moſt apparent: 1. That the King and Lords in our Parliaments in all ages both before and ſince the Commons admiſſion to ſit and vote in Parliaments, have been the ſole Judges of Eccleſiaſtical Peers and Lords in all criminal caſes, without the Commons. 2ly, That the Lords and Peers of the Realm, (except only in caſe of appeal…) both in and out of Parliament, are triable only by their Peers: And therefore the Trial, condemnation and execution of any of them by Marſhal Law, or now miſnamed High Courts of Juſtice by Commoners and others who are not their Peers, is moſt illegal, unjust, and nought elſe but murther; as the (e)(e)An Exact abridgement, p. 388, 670.Parliaments of 1 H. 4. rot. Parl. n. 45. of 1 E. 4. rot. Parl. n. 18. reſolve▪ and as it was adjudged in the caſe of Thomas Earl of Lancaſter, Pa…ch. 39 E. 3. Coram Rege, Rot. 92. Wi…. Cooks 3. Inſtitutes, p. 52, 53.

Secondly, The next and main queſtion now con…roverted, p. 306will be; Whether the King, & Houſe of Peers, have any lawfull or ſole power of Judicature in and over the perſons, of the Commons of England, as well as over Peers, in criminal cauſes, miſdemeanours, offences, or breaches of their Parliamentary privileges; ſo farr as to fine, impriſon, cenſure, judge or condemn them in any kind, without the Houſe of Commons concurrent vote or judicature?

This the ignorant ſottiſh Levellers, Sectaries, (ſeduced by their blind guides, John Lilburn, and Overton) peremptorily deny: the contrary whereof, I ſhall here infallibly make good, to their perpetual ſhame and refutation, by unanſwerable Reaſons and preſidents in all ages.

1. I have (f)(f)Page 163, 164, 183, 184, 185, 186.already manifeſted, That the Parliament being the ſupremeſt Court of Judicature in the Realm, muſt conſequently have a lawfull Juriſdiction over all perſons and members of the Realm, whether Spiritual or Temporal Lords or Commons, in all criminal and civil Cauſes proper for Parliaments to judge or puniſh; That this power of judicature was originally and primitively veſted in the King and Lords alone, before there were any Knights, Citizens, Burgeſſes or Commons ſummoned to our Parliaments; (as is evident by (g)(g)Here, p. 30, 31, 33, 34.the antient writers Glanvil, Bracton, Fleta, Horn, the Parliament of Clarindon, Anno. 1164. and other forecited authorities;) and never transferred by them to the Houſe of Commons upon or after their admiſſion into our Parliaments, but remaining intirely in the King and Lords as at firſt; as the whole Houſe of Commons acknowledge upon record 1 H. 4. rot. parl. n. 79. Therefore they may lawfully exerciſe this their judicial power and juriſdiction over the Commoners of England in all ſuch cauſes now, and hereafter, and that of right, as this record reſolves they may do, in poſitive terms.

2ly, Our Hiſtories, Law-books and Records agree, that in ancient times, our Earls, who were called Comites, or Counts from the word County, had the chief Government and Rule of moſt of the Counties of this Realm under our King, and that they, and the Barons were the proper Judges p. 307of the Common people, both in criminal and civil Cauſes in the Tourns, & County-Courts; even by vertue of their Dignities and Offices, as our Sheriffs are now; in which Courts they did inſtruct the people in the Laws of the Land; and adminiſter Juſtice to them in all ordinary Civil and criminal cauſes. For proo… 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. DƲOS CIVES, & de quolibet Burgo DUOS BƲRGENSES,) 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 p. 308he 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 (ſ)(ſ)See Modus tenendi Parliamentum Vowel, Cowel, Crompton, Sir Thomas Smith, Coke, & others, 17 E. 3. n. 23. 21 E. 3. n. 7. 7 R. 2. n. 30, 31. 9 R. 2. n. 13. 2 R. 1. pt. 2. n. 27. 31 H. 6. n. 26, 27, 28. 28 H. 6. n. 6.of the Realm, Barons of the Exchequer, of the Coy…, 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 **1 H. 4. n. 79.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 See the Freeholders Grand Inqueſt, p. 25. Cokes 4 Inſtit. c. 1, 5, 6, 7, 8, 10, 11.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 **An exact abridgment, p. 377.399.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 p. 309Bench, 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, no… the Commons, are the true and proper judicato…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 **7 R. 2. par. 2. n. 14. 1 R. 2. n. 31, 32.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, **Littleton, ſect. 21…. Coke ibid. 4 E. 3.7. 2 H. 6.10. 14 H. 4 8. 2 R. 2.29. 5 H. 7, 8. Bro. Challeng. 23, 42, 71.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 (t)(t)Cokes 4. Inſtit. p. 24.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 **50 E. 3. n. 5. to 37. 21 R. 2. n. 14, 15, 16. 28 H 6. n. 14, to 52. 31 H. 6. n. 45, 64. 38 H. 6. n. 38.former Parliaments, and this, to the Lords, not only againſt Peers ▪ but Commoners, of which there are hundreds of preſidents this very Parliament: p. 310Therefore 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, **25 E. 3. c. 2. 20 R. 2. c. 3. 6 R. 2. c. 5. 14 H. 6. c. 3. 8 R. 2. c. 3. 2 R. 2. c. 10.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 Lords only ſit upon the Bench, and that covered, and in their Parliamentary Robes the badges of Judicature; but the Commons ſtand and that bare at the Bar, without any robes at all: the Lords only ſwear, examine the witneſſes, and judge of their teſtimony; the Commons only (u)(u)Coke 4 Inſtit. p. 24.produce the witneſſes, preſſe and manage the evidence; and when the bu…neſſe is fully heard, the Lords only debate the cauſe among themſelves, and give the final Sentence, Judgement without the Commons, (though ſometimes in their preſence) and that both in caſes of Commoners and Peers. Therefore the Lords and Houſe of Peers are ſole Judges in Parliament, not the Commons.

9ly. The Commons themſelves in all ages ſince admitted into our Parliaments,**See an Exact Abridgement of the Records of the Tower, & the Table to to it. Tit. Commons, Lords, Parliaments Petitions, Cooks 4. Inſt. p. 16. have always preſented their Petitions in Parliament to the King and Lords alone, for redreſs of all Grievances, wrongs, miſdemeanours, abuſes whatſoever, publike or private, criminal or civil, eccleſiaſtical, marine, or military: And the Lords Houſe alone have in all antient Parlaments appointed particular perſons of their Houſe to receive al Petitions, Triers of them to hear and anſwer them by their advice, and the kings aſſent, when neceſſary; which Triers of Petitions had power given to call the Lord Chancellor, Treaſurer, Chamberlain, Judges, kings Servants, and others to this aſſiſtance, preſcribing where, when their p. 311Petitions ſhould be preſented, examined, redreſſed, at all our Parliament Rolls a…eſt, and Sir Edward Cook, himſelf relates: There being few or no Petitions at all preſented by any to the Commons before … H. 7. c. 19. &. 4 H. 7. c. 6. Theſe Petitions then preſented to them, and all ever ſince, with all in this preſent Parliament, being only to this end, that they upon the examination of the truth, matters, complaints, grievances mentioned in them, might tranſmit and repreſent them in the name of the Commons Houſe to the Lords Houſe, for to give, full redreſs, relief, and judgement on them to the Petitioners▪ not for the Commons themſelves to judge, finally determine them, or give relief upon them without the Lords; as all the tranſmiſſions of private and publike Petitions by the Commons to the Lords heretofore and in this Parliment, in the caſes of Dr. Layton, Dr. Baſtwick, Mr. Burton, Mr. Walker, my ſelf, and of Lilburns own Petition againſt his cenſure, atteſt.**See here, p. 46, 47. Therefore the Judicature of our Parliaments, muſt wholy reſt and intirely reſide in the Lords Houſe, as well in all Criminal as civil caſes, both of Commoners and Lords.

10ly. The ſureſt badge and higheſt evidence of the right and exerciſe of Juridical, and Judicial Authority in Parliament, is the examination, affirmation, control, repeal, nulling, adjudging, and finall determining all Errors in Judgements, Decrees, Proceedings, & all Miſpriſions, Abuſes, Corruptions, grievances whatſoever of Judges, Juſtices, in all other Courts of Juſtice, Civil, Eccleſiaſtical, Marine or military; Now the Lords-alone in Parliament, upon Wtits of Error, Appeals, Complaints, Petitions, &c, examine, confirm, repeal, null, redreſſe, and finally determine all Errors, miſpriſions in Judgements, Decrees, Proceedings, and all Abuſes, Corruptions, Grievances whatſoever, in all other Courts of Juſtice; whether Civil, as the Kings Bench, Chancery, Exchequer Chamber, Common Pleas, Exchequer, Court of Wards, Courts of Requeſts, Stanneries, &c. or Eccleſiaſtical, as the High Commiſſion, Archbiſhops, Conſiſtories, the p. 312Convocation, and the Admiralty, Court Marſhal, Council Table, Star-chamber, and in former Parliaments, as is evident by ſundry preſidents in former ages, and in this preſent Parliament of King CHARLS in the caſes of Dr. Layton, Dr. Baſtwick, Mr. Burton, Lilburn himſelf, Mr. Grafton, Alderman Chambers, Mr. Rolls, Sir Rob▪ Howard, Alderman Langham and Limry, Mr. Johns, and le Gay, with ſundry others: But more eſpecially in caſes of Writs of Error brought in Parliament by Peers or Commoners, upon any Erronious judgements touching their real or perſonal eſtates, lives, limbs, liberties, perſons, upon Indictments or Attainders, In all which writs the King and Lords only are ſole judges (without the Commoners) and the returns of the proceedings upon ſuch Writs are only before the Lords in the Vpper Houſe, ſecundum legem et conſuetudinem Parliaments: So Sir Edward Cook himſelf expreſly reſolves in direct terms, in his 4 Inſtitutes, p. 21, 22, 23. And 22 E. 3.3. Fitz Error 8 Br. 3.1 H. 7.20, 21, 22. Br. Error, 137. Old Book of Entries, p. 302.16 E. 3. Fitz. Brev. 651.21 E. 3.46. Br. Error, 65.29 E. 3.24.39. Aſſ. 18.42. Aſſ. 22.7 H. 6.28. 8 H. 5. Fitz. Error 88.19 H. 6.12.35 H. 6.19.37 H. 6.16.11 H. 4.65.9 E. 4.3.2 R. 3.22.37 H. 8.14, 15, 25. Dyer, f. 62.196, 201, 315, 375. intimate as much. This is moſt clear by the Writs of Error, Judgements and Proceedings on them in the Parliament Houſe, before and by the Lords alone mentioned in the Parliament Rolls themſelves,**Exact abridgement, p. 66.85, 86, 123, 156, 164, 176, 177, 168, 169, 282, 300, 301, 304, 305, 331, 543, 344, 348, 352, 353, 359, 363, 369, 372, 373, 393, 408, 418, 429, 440, 535, 539, 546. as 14▪ E. 1. ro… Parl. 1.4 E. 3. n. 13, 14.21 E. 3. n. 65, 66.28 E. 3. n. 8. to 14.50 E. 3. n. 38.1 R. 2. n. 28, 29, 105.2 R. 2. n. 31, 32, 33, 37, 38. Parl. 2. and Parl. 1. n. 21. to 27.3 R. 2. n. 19.20, 21, 22.6 R. 2. n. 17.7 R. 2. n. 20, 21.8 R. 2. n. 13, 14, 15, 16.13 R. 2. n. 16, 17▪ 15 R. 2. n. 22, 23, 24.16 R. 2. n. 17, 18.17 R. 2. n. 17.19.…8 R. 2. n. 11, 12, 13.20 R. 2. n. …6.21 R. 2. n. 25, 55. to 66, 71.1 H. 4. n. 91, 92.2 H. 4. n. 38, 39, 40.4 H. 4. n. 26.5 H. 4. n. 40.6 H. 4. n. 31.1 H. 5. n. 19.2 H. 5. n. 13, 14.3 H. 5. n. 19. with ſundry Writs of Error in ſucceeding p. 313Parliaments, and this now ſitting, adjudged, determined by the King and Lords alone, without the privity or interpoſition of the Commons. A truth ſo clear, that Lilburn himſelf in his Argument againſt the Lords juriſdiction, confeſſeth i…. If then the Lords Houſe, be the ſo…e Judges in all Writs of Error, and Appeals from all other Courts of Justice, concerning the Lands, Tenements, Goods, Eſtates, Liberties, Members, Lines, Attainders of all Engliſh Freeholders, and Commoners whatſoever, notwithſtanding the Statute of Magna Charta, ch. 29. No Freeman ſhall be …aken or impriſoned, &c. neither will we paſs upon him nor condemn him, but by the lawfull judgement of his Peers, &c. (the grand and principal objection againſt the Lords Judicature in Caſes of Commoners) then by the ſelf ſame reaſon they are their lawfull Judges, and may regally proceed againſt them in all other criminal or Civil cauſes, eſpecially in caſes of breach of their own Privileges, wherein they are the ſole and only Judges, ſince no other Court can judge of, nor yet puniſh them, as Sir Ed. Cook reſolves, being properly triable only in Pa… liament (as contempt againſt all other Courts, are puniſhable and triable by themſelves alone) the preſent caſes of Lilburne and Overton.

Now that they are and alwayes have been ſo de facto (unleſs by way of Bill of Attainder, or in ſuch extraordinary caſes when their concurrence hath been deſired) even in criminal caſes, miſdemeanors and offences of Commons as well as Peers, I ſhall prove by moſt clear and infallible evidences and preſidents as well antient as modern,

Our Noble King Alfred, as he (a)(a)Cooks 1 Inſtit. f. 110 a.ordained for the good eſtate of the Realm, that the Earls and Noble thereof, by a perpetual cuſtom, ſhould twice every year, or oftner, in times of Peace, aſſemble together in Parliament at London, to govern the people of England, and keep them from ſinne, as Andr. Horn informs us in his Mirrour of Juſtices, c. 1. p. 10. So the ſame Author records, c. 5. p. 296, 297, &c. That this royal p. 314Juſticiary (who took a ſhort account each year of all his Judges proceedings in his Parliaments) condemned and hanged up in one year about An. 890 as I conjecture) no leſſe than (b)(b)Cooks 3 Inſtit. p. 224.44 of his Judges and Juſtices, as Murderers, for executing his Subjects and putting them to death againſt Law, without any legal cauſe or ſufficient evidence, or tryal, by a Jury of their Peers: and impriſoned, fined, puniſhed others of them, in the ſelf ſame kind as they had injuriouſly impriſoned, fined and puniſhed his Subjects againſt Law: and that no doubt by the adviſe and aſſent of his Nobles in Parliament, upon complaint of their injuſtice and corruption; the proper Court for puniſhment of ſuch Offenders, whoſe names and cauſes (recorded at large by this Author) ſhew them to be all Commoners and no Peers of the Realm.

(c)(c)Walſingham Ypodig. Neuſtr. p. 93, 94. Here, p. 213.Anno 1096. William de Anco and William de Alderi were hanged for Treaſon againſt William Rufus, by judgment of the Lords, in a Parliament at Salisbury.

(d)(d)Mat. Paris, Hiſt. Angl. p. 101.King Henry the 2. Anno 1166. holding a Council at Oxf…quidam pravi dogmatis ſeminatores tracti ſunt IN JUDICIUM, praeſente Rege et Epiſcopis Regni; quos à fide Catholica devios, et in examine ſuperatos, facies cauteriata notabiles cunctis expoſuit, qui expulſi ſunt à regno. Theſe Hereticks thus branded in the face and baniſhed the Realm by the judgement of the King and this Council, ae (e)(e)Rerum Anglic. Hiſt. l. 2. c. 13. See my Sword of Chriſtian Magiſtracy ſupported, p. 51, 52.Nubrigenſis informs us, were above 30. men and women who came out of Germany into England, under one Gerard their Captain, ſtiled Publicans, who went about the Country to spread their errors; but at laſt being detected, they were apprehended and caſt into priſon; and then brought before the King, and a Council of his Biſhops; where being convicted of Hereſie, they were adjudged by the K. to be publikely whipped, branded in the face, and then baniſhed the Realm. Hujus ſeveritatis pius rigor, non peſte illa quae jam irrepſerat Angliae regnum purgavit, verum etiam ne ulterius irreperet incuſſo haereticis terrore praecavit, as Nubrigenſis obſerves.

p. 315In the year 1224. the 8. of King Henry the 3. his reign, (f)(f)Mat. Paris p. 308, 309, 310, 318. Mat. Weſtm. Ann. 1224. p. 119, 127.the King requiring a reſtitution and reſumption of his Caſtles and Lords detained from him by ſome Nobles and others, who at laſt for fear of the Biſhops excommunication againſt ſuch as detained them, and diſturbed the peace of the Realm; and alſo of the Kings power and juſtice, much againſt their wills, reddiderunt ſinguli Caſtella, et municipia, et honores, et cuſtodias Regi quae ad coronam ſpectare videbantur: Thereupon Falcatius de Breut, a Norman born, a Soldier under King John in the Barons wars, truſting on the Kings and other great mens favors, fortified the Caſtle of Bedford, ſituated on another mans ground, and preſuming on his friends, and his own military power and wealth gained in the wars, he feared not violently and unjuſtly to take away the Freeholds, lands and poſſeſſions of divers of his neighbours, and more epecially he diſſeiſed 52. Freemen in the Manor of Luiton of their Freeholds and Tenements without judgement, and appropriated their Common paſtures to himſelf: Whereof complaint bing afterwards made to King Henry the 3. Anno 1224. the King aſſigned Martin de Pateſhulle, Thomas de Multon, Henry de Braibroc, and certain other Juſtices, to take the recognition of the parties complaining of theſe diſſeiſins, by an Aſſiſe of Novel diſſeiſin, and to do them Juſtice. Who having received their recognitions according to cuſtom, the ſaid Falcatius was condemned to pay them coſts and damages for the ſpoils done in the ſaid Tenements, to which the Plaintifs were judicially reſtored. Which Falcatius taking very impatiently, being likewiſe amerced one hundred pounds to the King for every of the ſaid Tenements, for his forcible entry into them; he in a great fury commanded his Gariſon ſouldiers in the Caſtle of Bedford, to march armed to Dunſtaple, where the Juſtices Itinerant ſate and gave judgement againſt him, and to take and bind them in chains, and carry them to Bedford Caſtle, and there detain them cloſe priſoners in the Dungeon. The Juſtices having notice thereof, fled thence with all ſpeed, ſome one way, p. 316ſome another; but Henry de Braibroc flying, was at unwares taken by the Souldiers, who uſed him very inhumanly, then carryed him priſoner to Bedford Caſtle, and there kept him priſoner. King Henry at that time was at Northampton, where he held a Parliamentary Council, Cum Archiepiſcopis, Epiſcopis, Comitibus, Baronibus, et aliis multis, de regni negotiis tractaturi: voluit erim Rex uti conſilio MAGNATUM SUORUM de terris tranſmarinis, quas Rex Francorum paulatim occupaverat: but it hapned otherwiſe than he hoped: For the rumor of this act of Falcatius being divulged, the wife of the ſaid Henry Braibroc came to the King at Northampton; et audiente univer…o Concilio, de viro ſuo cum lachrymis **Querelas.querulans depoſuit; Quod Rex factum minus indigne▪ ferens; quaeſi vit Conſilium a Clero ſimul et Populo (to wit, the Spiritual and Temporal Lords, Clerus Regni & Populus when ſingle, being frequently uſed for the Lords Spiritual and Temporal, both in Matthew Paris, Hoveden, Bromton and others, not for the inferiour Clergy and Commons houſe, not then in being, as ſome Antiquaries miſtake) quid ſibi ſuper tanta injuria foret agendum? At omnes una voce concilium Regi dederunt, quatenus ſine mora et omnibus aliis praetermiſſis negotiis in man… valida et armata ad Caſtrum praedictum procedens, tantam temeritatem ſtudeat vindicare. Cumque Domino Regi placuiſſet SENTENTIA, ipſo jubente omnes ad arma quam citius convolantes, ad caſtellum praedictum de Bedeford, tam Clorus quam Populus pervenerunt; The whole Parliament marching in perſon to execute this their Sentence upon theſe tranſcendent military Malefactors. Hereupon the King ſending Meſſengers to the Commanders of the Caſtle, required entrance to be given to him, and commanded Henry Braibroc his Juſtice to be rendered. But William de Brent, Brother of Falcatius, and the reſt within it, anſwered the Meſſengers, that they would not render the Caſtle nor Juſtice, unleſs they had a command from their Lord Falcatius, and eſpecially for this reaſon, quod Regi de Homagio vel fidelitate non tenebantur aſtricti. With which anſwer the King being p. 317much incenſed, commanded the Caſtle to be preſently encompaſſed with military trenches; and thoſe within prepared to defend their walls and Bulwarks: Then the Archbiſhop and all the Biſhops with burning Papers ſmote Falcatius himſelf and all within the Caſtle with the ſword of Excommunication: The King commanded all warlike engines to be brought, and gave many aſſaults to the Caſtle to win it by force, ſince they refuſed to render it; many were ſlain and wounded on both ſides. At laſt after many weeks ſiege the Kings ſoldiers entring the Caſtle by force, thoſe within it being unable to hold out any longer, rendred themſelves to the Kings mercy: who putting them in cloſe cuſtody and chains, commanded 24 of the Knights and Souldiers (who ſtouted it moſt againſt him even when the ſiege was ended) QƲI OMNES SƲSPENDIO ADJUDICATI SƲNT, to be hanged that day: Matthew Weſtminſter writes, there were near one hundred of them hanged up. Henry Braibroc being then reſtored to the King ſafe and ſound, rendred him many thanks. In the mean time, the King ſent an armed Troop to ſeek out and apprehend Falcatius, and bring him priſoner to him: who having notice thereof fled into Wales for ſhelter: The K. thereupon ſwore, that if he took the Castle by force, he would hang up all who were within it; And withall ſeiſed upon all Falcatius his Manors, Lands, Corn, goods and chattels throughout England, as confiſcated. At laſt Falcatius hearing that the Caſtle was taken, and his Brother and ſouldiers hanged, came to the King to Bedford, under the con…uct of Alexander Biſhop of Coventry, and there caſting himſelf at the Kings feet, humbly implored his mercy, in reſpect of the many great and coſtly ſervices he had done in his father and himſelf in time of warr▪ Tum Rex per Conſilium of his Nobles and Barons) tradidit illum Caſteliis, Terris et rebus omnibus ſpoliatum ſub cuſtodia Eu…ch… Londoni … E…iſcopi, donec quid de illo ageret eſſet ſententialiter de…nitum. Et ſic quaſi in momento idim Falcatius de duiſsimo pauperimus effectus multis et maxime nocentibus poterit fieri p. 318in exemplum. Regi autem pro maximis laboribus et expenſis (in the ſiege of this Caſtle) tam à Clericis quam à …nicis conceſſum est per totam Angliam Carucagium, de qualibet caruca duo ſolidi argenti. MAGNATIBUS item conceſſit Rex ſcutagium, ſcilicet de ſcuto quolibet duas marcas ſterlingorum: et ſic omnes ad propria receſſerunt. Caſtellum quoque illud fecit Rex complanari et redigi in acervos A moſt memorable example of regal and Parliamentary Juſtice upon inſolent contemners of Law, Juſtice and Juſtices, the whole Parliament turning Souldiers, and continuing together at the Siege of this Caſtle above two Months ſpace, till they had taken the Caſtle and Malefactors by force, and done execution on both. And an eminent preſident of the Ks. & Lords Juriſdiction in cauſes both of Commoners and Souldiers, as well as Peers and Nobles.

(g)(g)Mat. Par. p. 785, 788, 793, 794.Henry de Bathonia, a learned Knight, moſt skilfull in the Laws of the Realm, one of the Kings Juſtices and ſpecial Counſellors, in the year 1251, (the 35 of Henry the 3.) was moſt grievouſly defamed and accuſed of bribery and corruption, in the Office of his Juſticeſhip, wherein he feared not treacherouſly to empty other mens purſes, to fill his own, growing thereby in a ſhort time extraordinary rich in Rents, Monies, Gold and Silver, being inſtigated thereunto by his wife; whereby adeo turpibus per fas et nefas emolumentis inhiabat, ut in una ſola itinaratione Juſticiaria dicebatur, plusquam ducentas libratas terrae ſibi appropriare: Whereupon appellatus eſt de infidelitate et proditione, by Philip de Arci Knight, coram Rege et Curia Regis, And attached for to anſwer it. John Manſell the Kings Chief Juſtice profered to bayl him, and to be his Manucaptor, ut ſtaret Juſtitiae, but he could not be heard, the King being ſo incenſed, that he anſwered he would take no Clergy-man for his bayl in ſuch a caſe, reputing it to be HIGH TREASON; at laſt by the Biſhop of Londons & others mediation & interceſſion, he was bayled by 24 Knights, and delivered to their cuſtody, pro ipſo Hen. reſponſionem & juſtificationem rite, et p. 319judicialiter ſtatuto termino facturum. After which by gifts and large promiſes he earneſtly ſollicited his friends to intercede for him with the King, …nd procure his pardon; or elſe, if they could not effect it▪ to ſtand conſtantly for him in the day of peril, armis, ſi neceſſe ſicut et equis communiti, which they by unanimous conſent promiſed to doe. The King being privily informed thereof majori iracundia accenſus, omnia munera et verba reconciliationis praeciſe refutabat, jurans quod per medium judicii diſtricti neceſſario fuerat tranſiturus. Upon this, he by intreaties and gifts procured Earl Richard to mediate to the King for him; adjungens ſub tremendi judicii atteſtatione, quod ſi Dominus Rex mortem ſuam, imo etiam exhaeredationem procuraret, totum regnum in ipſum Regem inſurgeret, & tota perturbaretur; quod ſi fieret, cum ſub ſint aliae cauſae, & maxime alienigenarum injuſtae dominationes, & Anglorum oppreſſiones, non ſedaretur ſchiſma ventilatum. The Earl hereupon moſt effectually interceded for him, and the peace of the Realm, but could not mitigate the Kings wrath and indignation. In March there was a great Parliament held at London, where Henry was appointed to appear and anſwer; who came thither guarded with a great multitude of Souldiers of his Wives, and his own kinred and friends: Whereupon the King being highly incenſed, he was on every ſide grievouſly aſſaulted and accuſed by his adverſaries, and by the King more heavily than the reſt; imponens eidem inter caetera, quod totum regnum perturbavit, et Barnagium univerſum contra ipſum Regem exaſperavit: unde ſeditio generalis imminebat. Fecit igitur acclamari voce praeconia Londini et in curia, ut ſi quis aliquid habere actionis vel querelae adverſus Henricam de Bathonia, veniret ad curiam ante Regis praeſentiam, ubi plene exaudiretur. Inſurrexerunt igitur multi queruli contra eum, ita quod unus etiam ſociorum ſuorum, ſcilicet Juſtitiarius palam proteſtaretur, quod unum facineroſum convictum & incarceratum abir… permiſit impunitum, ſine judicio, opimis reſpectus muneribus: quod factum eſt in Regis praejudicium, & Juſtitiariorum comitum ſuorum periculum et diſcrimen. p. 320Rex igitur magis inde provocatus, aſcendit ſuperius, exclamavitque, dicens: Si quis Henricum de Bathonia acciderit, quietus ſit a morte ejus, & quietum eum proteſtor: & ſic propere receſſit Rex. Et fuerunt ibi multi, qui in ipſum Henricum hoſtiliter irruiſſent, niſi Domini Johannis Manſel prudentia eorum impetum temperans, refranaſſet: Dixit enim, Domini mei et amici, non eſt neceſſe quod in iu…a praprepere dicitur, proſequamur. Poenitebit forte dominum noſtrum jam elapſo irae tempore haec innotuiſſe. Praeterea, ſi aliquid …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 Epiſcop… 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, (f)(f)Mat. Weſt. anno 1265, p. 34. Mat. Paris p. 967.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.

p. 321Anno …290. (k)(k)Walſingh. Ypodig. Neuſt. p. 72. Hiſt. Angl. p. 15. Parl. 20 E. 1. f. 5. Cooks 3. Inſtit. p. 145. Holinſhed, p. 284, 285.King Edward the 1. held a Parliament at London, at which time, Rex auditis multorum queremoni… ▪ fere Juſticiarios omnes de falſitate deprehenſos, a ſuo Officio depoſuit, puniens eos juxta demerita gr…vi m…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 (l)(l)See An Exact abridgment of the Records in Tower, title, Petitions, Commons, Parliment, in the Table, & Petitions of the Commons in the Abridgment it ſelf.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 p. 314anſwer 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 falſ… 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 2000l. 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, p. 315quia illis Major reverentia debita est; and therefore he was fined.

(1)(1)Walſingham, Ypodig. Neuſtr. p. 102.About the year 1316. when the Northumberland Soldiers▪ (like ſome in this age) raiſed againſt the Scots, de tyron…bus facti ſunt Tyranni, de defenſoribus deſtructores, de propugnatoribus proditores, &c. one (2)(2)Polychro: l. 7. c. 42. f. 312. Henry de Knyghton, de Event, Angliae l. 3. c. 14. col. 2535.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 C…t whom he ſerved 3. years, which aſſured him he ſhould be King of England.

**Placita Parl. An. 18 Edw. 1. in the Parchment bnok in the Tower, f. 2. b. 50, 51.In the Parliament of 18. E. 1. the Prior of Trinity in London, and Bago de Clare were attached, brought into the Parliament, there fined a 1000 l. to Edmond Earl of Cornwal, and 2000 marks to the Abbot of Weſtminſter, and committed to the Tower of London, by JUDGEMENT of the King, Earls, Barons, and Iuſtices in full Parliament, for citing and attaching the ſaid Earl of Cornwal in Westminſter hall, to appear before the Archbiſhop ſitting the Parliament, whereof he was a Peer, against his Privilege, and the privilege of Sanctuary granted to the Abbot of Westminſt. and remained priſoners there till they put in Sureties, and paid the 1000 l. fine to the Earl, notwithſtanding their plea of ignorance of theſe their Privileges.

In the Parliament of 4 E. 3. n. 2, 3, 4, 5, 6. Sir Simon Bereford knight, John Mautravers, Boſo de Bayons, John Deverall, Thomas de Gournay, and William of Ocle, confederates with Roger Mortimer Earl of March, in all his Treaſons and miſdoings, for which he was then impeached and condemned, and guilty of the murders of King Edward the 2. after his depoſition, in Berkley Caſtle, and of the Earl of Kent his Brother; were attainted and condemned p. 324of High Treaſon by the Lords, Barons & Péers in Parliament, as Iudges of Parliament, though they were Commoners, and not their Péers, whom they were not at all obliged to judge as Péers: adjudging them by the Kings aſſent, as Traytors and Enemies of the King and his Realm, to be drawn and hanged: Whereupon Sir Simon being in Cuſtody, was executed by the Marſhal; and Proclamation made by the Kings writs by the Lords order, to apprehend the others, with promiſe of great rewards to thoſe who ſhould apprehend them, that they might be executed; and if they could not take them alive to bring in their heads, for which thty ſhould receive the reward of 500 l. from the King.

It is true indeed, that after theſe Judgements given the Lords the ſame Parliament entred this ſpecial Proteſtation in the Parliament Roll n. 6. againſt being forced to give Judgement in ſuch caſes againſt thoſe who were not their Peers; which **2 Inſtit. p. 50.Sir Edward Cook ſtiles an Act of Parliament, though it be no ſuch thing, but a voluntary Proteſtation of the Lords, with the Kings aſſent.

It is aſſented and agreed by our Lord the King, and all the Great men in full Parliament, that albeit the ſaid Péers, as Iudges of Parliament, took upon them in the preſence of our Lord the King, to make and render the ſaid Judgements by aſſent of the King, upon ſome of thoſe who were not at all their Peers, and that by reaſon of the murder of our Leige Lord, and deſtruction of ††The Earl of Kent, King Edwards Brother.him who was ſo near of the bloud royal, and ſon of a King; that thereby the PEERS which now are, o… the Péers which ſhall be in time to come, ſhall not be bound or charged to render Iudgements upon others who are not their Péers; nor yet to doe it but upon the Péers of the Land, but that they ſhall from henceforth be for ever acquitted thereof. And that the ſaid Iudgements now rendered, ſhall not be drawn into example nor conſequence for time to come, whereby the ſaid Peers may be charged hereafter to adjudge others than their Peers, againſt the Law of the Land, p. 325if ſuch another caſe ſhould happen, which God defend.

From this Proteſtation of the Lords (which Lilburn principally inſiſts on) he and ††Cook 2 Inſtit, p. 50.ſome others conclude; that the Peers in Parliament have no right at all to impriſon, fine, judge, or paſs ſentence of death againſt any Commoner for any offence, no, (not for breach of their own Privileges) but only the Commons,

To which Objection I anſwer: Firſt, that this is no Act of Parliam. as Sir E. Cook miſtakes, but a bare Proteſtation of the Lords alone, aſſented to by the King, without the Commons aſſent, which no wayes impeacheth the Lords right of judicature. Secondly, that neither the Houſe of Commons, nor the Commoners then attainted of Treaſon, and adjudged to death by the Lords, ever demurred or excepted againſt their Juriſdiction, as Lilburn and Overton doe, but acknowledged and ſubmitted to it. Thirdly, That in this very Proteſtation the Lords profeſs and juſtifie their right of BEING JƲDGES in Parliament, without admitting or acknowledging any Joynt or ſole right of Judicature with them in the Commons. Fourthly, That this Proteſtation was meerly voluntary, not in derogation, but preſervation of their own Honour, Right, Peerage, and the Parliaments privileges too; The ſubſtance of it is no more than this; That the Lords ſhould not be conſtrained againſt their wills by the Kings command, and in his preſence, to give judgement of death in ordinary caſes of Treaſon or Felony in the high Court of Parliament, or elſewhere out of it, againſt ſuch who were no Peers, who in ſuch caſes ††Magn. Char. c. …9. 15 E. 3. c. 2.4. 28 E. 3. c 3.37 E. 3. c. 8.42 E. 3. c 3. Cook 2 Inſtit. p. 50, 51.by the Law might, and ought to be tried in the Kings Courts at Weſtminſter, or before the Iustices of Oyer and Terminer by a Iury of their equals; but only in caſes which could not well be tried elſewhere▪ and were proper for their Judgement in Parliament; they fearing that by this preſident in Parliament they might be ſworn and impannelled on Juries in caſes of Treaſon committed by Commoners, againſt the Great Charter, c. 29. and the Privilege of their Peerage, which exempted them p. 318being ſworn or put into Juries, as Fitz. Nat. brev. f. 165.48 E. 3. f. 30. Exemption 6.48. Aſſ. 6.27 H. 8. f. 22. b. This is the whole ſumm and ſence of their proteſtation. To argue therefore from hence, That they cannot paſs ſentence, or judgement againſt any Commoners in any caſe proper for their Judicature in Parliament, becauſe they proteſted only againſt being COMPELLED to give Iudgement againſt ſuch as were no Peers, in caſes triable elſewhere, and not proper for their tribunal (as the Objectors hence conclude) is quite to miſtake their meaning, end, & to ſpeak rather non-ſence, than reaſon or Law. Fifthly, This Proteſtation was made only againſt the Lords giving ſentence in Felony and Treaſon, and that in the Kings own preſence in Parliam. (who uſually pronounced the judgment himſelf, or by ſome other, with the Lords aſſent, & did not charge the Lords to pronounce it, as here) not againſt ſentencing, fining, impriſoning any Commoner for rayling and libelling againſt their Perſons, Juriſdiction, and procedings; or refuſing to anſwer, and contemning their Authority to their faces at the barr; or appealing from their Judicature in caſe of breach of Privilege, of which themſelves alone and no others are or can be Judges; the caſes of Lilburn and Overton; whoſe commitments are warranted by hundreds of Preſidents, in this and former Parliaments. Therefore for them to apply this Proteſtation to their caſes, with which it hath no Analogy, is a manifeſtation of their injudiciouſneſs and folly, rather than a juſtification of their Libellous Invectives againſt the Lords injuſtice. Sixthly, The Lords gave judgement againſt all theſe perſons by the Kings command in their abſence, without any Indictment, hearing, Trial, witneſſes heard or examined againſt them face to face, or due proceſs or Law, againſt the Great Charter and Law of the Land. And this was the main reaſon of this their Proteſtation, as the cloſe of it ſhews, to prevent ſuch dangerous preſidents for the future. Upon which ground the Judgements they then gave againſt Roger Mortymer & John Mautravers were reverſed in the Parliament of 21 E. 3. n. 65.28 E. 3. n. p. 3198. to 16. Laſtly, This Protestation did not forecloſe the Lords in this or future Parliaments to give Judgement againſt Commoners in other caſes of Felony and Treaſon, even without the Commons, which I ſhall prove by ſome other inſtances.

In the Parliament of 4 Ed. 3. n. 16.(1)(1)Exact abridgement, p. 8. Sir Thomas Berkeley Knight was arraigned and tried by a Jury for Treaſon, as being guilty of the death of King Edward the 2. committed to his cuſtody, who pleaded not guilty, and was tried in full Parliament before the King by a Jury, and by them acquitted: Which caſe being rare and memorable, I ſhall here inſert the whole Record.

Thomas de Berkele Miles venit coram Domino Rege in pleno Parliamento ſuo praedicto, et allocutus hoc: Quod eum Dominus Edwardus nuper Rex Angliae, pater Domini Regis nunc, in cuſtodia ipſius Thomae, et cujuſdam Johanuis Mautravors nuper extitit collatus ad ſalvo cuſtodiendum in caſtro ipſius Thomae apud Berkele, in Com. Glouceſtriae, et in eodem caſtro in cuſtodia ipſorum Thomae & Johannis murdratus extitit, et interfectus, qualiter ſe velit de morte ipſius Regis acquietare? Dicit, quod nunquam fuit conſentiens, auxilians, ſeu procurans ad mortem ſuam, nec unquam ſcivit de morte ſua uſquam in praeſenti Parliamento iſto, et de hoc paratus eſt acquietare ſe, prout CURIA REGIS conſideraverit. Et ſuper hoc quaefitus eſt ab eo, ex quo ipſe eſt Dominus caſtri praedicti, et idem Dominus Rex in cuſtodia ipſorum Thomae & Johannis extitit liberatus ad ſalvo cuſtodiend. & ipſi cuſtodiam ipſius Regis recepe…unt, et acceptarunt, quali er ſe excuſare poſſit quin de morte ipſius Regis reſpondere debeat? Et praedictus Thomas dicit, quod verum eſt quod ipſe eſt Dominus Caſtri praedicti, et quod ipſe ſimul cum Johanne Mautravers, cuſtodiam ipſius Regis recepit ad ſalvo cuſtodiend; ut praedictum eſt. Sed dicit, quod eo tempore quo dicitur ipſum Dominum Regem eſſe murdratum et interfectum fuit ipſe taliter tanta infirmitate apud Bradeley extra Caſtrum praedictum detentus, quod p. 328ei currebat memoriae. Et ſuper hoc dictum eſt ei, quod ex quo cognovit, quod ipſe ſimul cum dicto Johanne cuſtodiam ipſius Domini Regis obtinuit, ut praedictum eſt, et ipſe cuſtodes et miniſtros ſub ſe poſuit ad cuſtodiam de eo faciendam, ſi per aliquam infirmitatem excuſari poſſet, quin reſpondere debuit in hac parte? Et praedictus Thomas dicit, quod ipſe poſuit ſub ſe tales cuſtodes et miniſtros in caſtro praedicto pro cuſtodia facienda, a quibus ipſe ſe confidebat, ut de ſeipſo, qui cuſtodiam ipſius Regis ſimul cum praedicto Johanne Mautravers inde habuerunt, unde dicit, quod ipſe de morte ipſius Domini Regis auxilio, aſſenſu, ſeu procuratione mortis ſuae, in nullo eſt inde culpabilis. Et de hoc de bono et malo ponit ſe ſu…er patriam. Ideo venerint inde Juratores coram Domino Rege in Parliamento ſuo apud Weſtm. in Octabis Sancti Hilarii proxime futuri, &c. Ad quam diem venit praedictus Thomas coram Domino Rege in pleno Parliamento, ac ſimiliter Juratores, ſcil. Johannes Darci, Iohannes de Wiſham, Willielmus Truſſell, Rogerus de Swyneuerton, Conſtantius de Mor…imer, Iohannes de ſancto Phileberto, Richardus de Rivers, Petrus Huſſey, Iohannis de Dynton, Richardus de la Rivere, Robertus Dabenhate, & Richardus de Corveyes, omnes milites, Qui dicunt ſuper Sacramentum ſuum, quod praedictus Thomas de Berkelie, in nullo eſt culpabilis praedicti Domini Edwardi Regis, Patris Domini Regis nunc, nec de aſſenſu, auxilio, ſeu procuratione mortis ejuſdem. Et dicunt, quod tempore mortis ejuſdem Domini Edwardi Regis, patris Domini Regis nunc, fuit ipſe tali infirmitate gravatus apud Bradely extra caſtrum ſuum praedictum, quod de vi…a ejus deſperabatur. Ideo idem Thomas inde quietus: & Juratores quaeſiti, ſi idem Thomas unquam ſubſtraxit ſe occaſione praedicta? dicunt, quod non: Et quia idem Thomas poſuit cuſtodes et miniſtros ſub ſe, ſcil. Thomam de Gourney, et Willielmum de Ocle ad cuſtodiam de ipſo Domino Rege faciendam, per quod idem Dominus Rex extitit murdratus et interfectus, datus eſt ei dies coram p. 329Domino Rege nunc in proximo Parliamento ſuo, de audiendo JUDICIO SUO, &c. Et praedictus Thomas de Berkelei interim committitur Radulpho de Nevill Mareſchallo hoſpitii Domini Regis, &c.

It is obſervable that though Edward the 2. was murdered after he was depoſed by this Parliament, yet he is ſtill …lled a King in this Indictment, and record, and his murder adjudged Treaſon in thoſe who did it.

After his acquittal he put in Mainpernors to appear in the next Parliament, (m)(m)Exact abridgement, p 10.Where appearing, he and his Mainpernors were diſcharged, but yet himſelf ordered to appear again the enſuing Parliament, as appears by the Parliament Roll of 5 E. 3. n. 16.

(n)(n)Rot. Par… ▪ 24 E. 3. pars- 3. m. 2. dorſ. Rot. Pat. 25 E. 3. part. 1. m. 17. Cooks 3 Inſt. p. 223, 224. Mr. S. …0. argument againſt the Shipmony Iudges, p. 22, 23, 14.William Thorp Chief Juſtice of the Kings Bench, and one of the Juſtices of Aſſize in the County of Lincoln, in the 23 year of Ed. the 3. againſt his Oath took 10 l. of Richard Saltley, 20l. of Hildebrand, of Bereſward 40l. of Gilbert Holliland 40 l. and 10 l. of Ro. Daldorby to ſtay an Exigent upon an Indictment of diverſe felonies, that ſhould have iſſued againſt them; Whereupon he was indicted before the Earls of Arundel, Warwick, and Huntingdon, the Lord Gray and Lord Burghers, Anno 24 E. 3. to whom the King by Commiſſion referred the examination of the buſineſſe, before whom he could not deny, but confeſſed the Bribery. Ideo conſideratum eſt per dictos Juſticiarios aſſignatos, ad judicandum ſecundum voluntatem Regis, et ſecundum regale poſſe ſuum; quod quia praedictus Willielmus Thorp…, qui ſacramentum Domini Regis quod erga populum ſuum habuit custodiendum fregit malitioſe, falſe et rebelliter, in quantum in ipſo fuit, & ex cauſis ſupradictis ipſum Willielmum expreſſe cognitis, ideo SUSPENDATUR, et quod omnia terra et tenementa, bona et catalla ſua remaneant forisfacta. The King by a writ under the privy Seal, ſtayed his execution, and ſent him Priſoner to the Tower. In the Parliament of 25 Ed. 3. nu. 10. command was given,(o)(o)Exact abridgement, p. 74. that the record of this Judgement againſt Judge Thorp ſhould be brought into the Parliament, and there read openly BEFORE THE LORDS, p. 330to have every of their advice concerning it, whether this Iudgement were legal or not? et nullo contradicente, all the Lords affirmed the judgement to be legal and good, conſidering that he againſt his Oath received Bribes: And therefore it was agreed by all the Lords, that if the like caſe ſhould hereafter happen, the King might take to him ſuch Nobles as he ſhould think meet, and therein do according to his pleaſure. Provided this judgement ſhould not be drawn into example againſt any other Officers who ſhould break their Oaths; but only againſt thoſe, qui praedictum Sacramentum fecerunt (of Juſtices) et fregerunt, et habent leges Regales Angl. ad custod. Here the Lords were ſole Judges of the Judge, who was a Commoner, and gave judgement againſt him without the Commons, yea declare the Law in this new caſe, both in and out of Parliament.

(t)(t)Exact abridgement, p. 67.In the Parliament of 21 E. 3. n. 68. The Commons by divers Bills complained to the Lords of divers extortions, grievances, prejudices done to the King and Commons by John Wattenham, and Walter de Cheriton Merchants, who deſired the King would command them to come before THE COUNCIL & LORDS in Parliament, to anſwer what ſhould be objected, and clear themſelves.

(u)(u)Exact abridgement, p. 120. Henry de Knyghton, de Event. Angl. l. 5. col. 2636.In the Parliament of 50 E. 3. n. 17, 18, 19, 20. The Commons accuſed Richard Lyons Merchant of London of divers deceits, extortions, and miſdemeanors, whiles he was farmer of the Cuſtoms and laſt ſubſidy, for tranſporting wools, and ſtaple Commodities, procuring new Impoſitions on ſtaple ware, for buying debts from the Kings Creditors at under rates, and making the King to pay the whole, for taking of bribes, and defrauding the King. To ſome of which charges he anſwered, and to the reſt ſubmitted himſelf to the King touching Body, Lands and Goods. Whereupon THE LORDS adjudged him to priſon during the Kings will, that his lands tenements and goods ſhould be ſeiſed to the Kings uſe, that Commiſſions ſhould iſſue throughout all England to inquire of his Extortions, whiles farmer of the ſubſidies, p. 331and that he ſhould be disfranchiſed. Upon this Judgement, in the Fine Roll of 50 E. 3. m. 19, 21, 22. there iſſued out writs for the arreſting and ſelling the goods of Richard Lyons to the Kings uſe, which were his on the 19 of March, certis de cauſis coram Nobis et Concilio noſtro in praeſenti Parliamento noſtro propoſitis, &c. per Concilium in Parliamento.

The ſame (x)(x)Exact abridgement. p. 122, 123.Parliament, 50 E. 3. n. 31, 32. William Ellis of great Yarmouth was accuſed by the Commons of ſundry extortions whiles he was Deputy Farmer of the kings ſubſidie to Richard Lyons; To which he ſeemed ſufficiently to anſwet; yet was BY THE LORDS adjudged to priſon, and to make a fine at the Kings pleaſure. Ibidem, Num. 33. Iohn Peach of London was impeached by the Commons for procuring a licenſe under the Great Seal, that he only might ſell ſweet wines in London, by colour whereof he took 4 s. 4 d. of every man for every Tun thereof ſold, which he juſtified he lawfully might doe: Notwithſtanding JUDGEMENT was given againſt him by THE LORDS, that he ſhould be committed during the Kings pleaſure, and make recompenſe to all parties grieved. Num 37. Adam de Bury was accuſed of divers deceits and wrongs done by him whiles Mayor of Callice, and Captain of Bellingham. Being ſent for to come to the Parliament, he came not, nor could he be found. Thereupon the Lords agreed, that all his goods and chattels ſhould be arreſted, and ſo they were. All theſe Commons were firſt impeached by the Commons, and thus judged and cenſured by THE LORDS in this GOOD PARLIAMENT, as Hiſtorians and others ſtile it: And in the Commons petitions therein, there are divers Petitions of Grievances from ſundry Counties, Towns, perſons, complaining of wrongs and grievances, preſented to the King and Lords for redreſſe of oppreſſions, extortions, Monolies, &c.

In the (y)(y)Exact abridgement, p. 158.Parliament of 1 R. 2. n. 41, 42, 43. Dame Alice P…etrees was brought before THE LORDS by Sir Richard Scroop Knight, and there charged for purſuing p. 332matters at the Court, contrary to an Order made in the Parliament, of 50 E. 3. n. 35. and procuring King Edward to reſtore Richard Lyons to his lands and goods, &c. ſhe denied ſhe purſued any ſuch thing for ſingular gain, againſt that Ordinance; whereupon diverſe Officers, Counſellers, and Secretaries of king Edward 3. were examined againſt her, who proved ſhe made ſuch purſutes, and that for private gain in their conceits. Whereupon the Lords (alone, without the Commons) gave Iudgement againſt her, that ſhe ſhould be baniſhed according to the order aforeſaid, and forfeit all her Lands, Goods, and Tenements to the King,

The ſame (y)(y)Exact abridgement, p. 157.Parliament; 1 R 2. n. 32, 33. The Lords committed William Fitz-Hugh Goldfiner, and Citizen of London to the Tower, for refuſing to averr a Petition exhibited by him in the name of the poor Commonalty of that myſtery, complaining againſt John Chichester and John Bolcham of the ſame myſtery, of divers oppreſſions done by them to the ſaid Commonalty.

In this very (e)(e)An Exact abridgement, p. 157, 158. And my Doom of Cowardiſe and Treachery, p. 2, 3, 4, 5.Parliament of 1 R. 2. n. 38, 39, 40. The Commons prayed, that all thoſe Captains who had rendred or loſt Caſtles or Towns through default, might be put to anſwer it in this Parliament, and ſeverely puniſhed according to their deſerts BY AWARD (or Judgement) OF THE LORDS and BARONS, to eſchew the evil examples they had given to other Governors of Towns and Caſtles. Whereupon Sir Alexander de Buxton Conſtable of the Tower, was commanded to bring BEFORE THE LORDS IN PARLIAMENT William de Weſton, and Lord of Gomynes (both of them Commoners) on Friday the 27 of November, to anſwer ſuch Articles as ſhould be ſurmiſed againſt them on the Kings behalf. Being brought BEFORE THE LORDS in full Parliament, they were ſeverally articled againſt at the command of THE LORDS, by Sir Richard le Scrop Knight, Steward of the Kings Houſe; and their ſeveral Articles, and anſwers to them in writing, read before THE LORDS; Which done, the Conſtable was commanded to bring p. 333them again before THE LORDS on Saturday next enſuing, being the 20 of November; on which day it was ſhewed unto them ſeverally by the ſaid Steward, by THE LORDS COMMAND▪ That THE LORDS OF THE PARLIAMENT (whoſe names are particularly mentioned in the Roll) had met together, and conſidered of their reſpective anſwers, and that IT SEEMED TO THE LORDS AFORESAID, that the ſaid William had delivered up the Caſtle of On…herwycke to the Kings enemies, without any dureſs or want of victuals, contrary to his allegiance, and undertaking ſafely to keep it; and therefore the Lords above-named ſitting in full Parliament adjudge you to death, & that you ſhall be drawn & hanged. But becauſe our Lord the King is not informed of the manner of the Judgement, the execution of it ſhall be reſpited till the king be thereof informed.

After which Judgement given, it was ſhewed to the ſaid John Lord of Gomynes by the ſaid Steward, how the ſaid LORDS had aſſembled and conſidered of his anſwer, and THAT IT SEEMED TO THE LORDS ſitting in full Parliament, that without dureſſe, or default of victuals or other neceſſaries, for the defence of the Town & Caſtle of Arde, and without the Kings Command, he had evilly delivered and ſurrendred them to the Kings Enemies by his own default, againſt all appearance of right or reaſon, contrary to his undertaking ſafely to keep the ſame; Wherefore THE LORDS aforeſaid here in full Parlia-ADJUDGE YOU TO DEATH. And becauſe you are a Gentleman and a Baronet, and have ſerved the Kings Grandfather in his wars, and are no Liege man of our Lord the King, you ſhall be beheaded, without having OTHER JUDGEMENT: And becauſe that our Lord the King is not yet informed of the manner of this Judgement, the execution thereof ſhall be put in reſpite until our Lord the King be informed thereof.

Loe here two expreſs Judgements given in Parliament by the LORDS alone, without King or Commons in caſe of Treaſon, even againſt Commoners themſelves. p. 334And an expreſs acknowledgement by the Commons of the Lords right to award Iudgement in theſe caſes, without the King or them; than which a fuller and clearer proof cannot be deſired.

(1)(1)An exact abridgment, p. 176.177.In the Parliament of 2 R. 2. n. 34, 35. Sir Robert Howard knight was committed priſoner to the Tower upon the complaint of the Lady Nevil by the Lords in Parliament, for a forcible impriſonment of her daughter, to which he was acceſſory, that ſhe might not proſecute a divorce in Court Chriſtian.

(2)(2)Walſingh. Hiſt. Angliae, p. 245, 246, 247. Ypodig. Neuſt. p. 138.In the 50 year of King Edward the 3. (in the Parliament called the good Parliament) Sir John Anneſlee Knight, accuſed Thomas Katrington Eſquire of Treaſon, for ſelling the Caſtle of St. Saviour in the Iſle of Conſtantine to the French for an ineſtimable ſum of money, cum nec defenſio ſibi, nec victualia defuiſſent: whereupon he was taken and impriſoned, but in King Edwards ſickneſs, enlarged by the Lord Latymers means (as was reported.) In the Parliament held at London (Anno 1380. the 3. of Rⁿ. 2.) he was again accuſed by Sir John Anneſlee, and there reſolved, that being a Treaſon done beyond Sea, not in England, it ought to be tried by duel before the Conſtable or Marſhal of the Realm. Whereupon a day of battel was appointed in the Court at Westminſter the 7. of June, and liſts ſet up. On which day in the morning they fought the battel in the preſence of the KING, Nobles and Commons of the Realm (which Walſingham at large deſcribes) till both of them were tyred, and lay tumbling on the ground; where the Eſquire got upon the Knight, as if he had conquered him: Others ſaid, the Knight would riſe again and vanquiſh the Eſquire. Interea Rex pacem clamari pr…cepit, et militem erig…. The Knight refuſed to be lifted up as the Eſquire was, deſiring he might be laid upon him again, for he was well, and would gain the victory, if he were laid upon him again. When he could not obtain his requeſt, being lifted up, he went chearfully to the King without help, when as the Eſquire could neither ſtand nor go, but as two held him up; and thereupon p. 335was ſet in a chair to reſt himſelf. The Knight when he came before the King▪ rogavis Eum et Proceres, ut ſibi illam concederunt gratiam, ut it…rum in loco quo prius, poſſet reponi, et armiger ſuper eum. Rex vero et Proceres, cum vidiſſent mili…em tam animoſe, …am vivide bellum repetere, et inſuper magnam ſummam auri offerre publice ut id poſſet effici, decreverunt eum iterum reponendum, & armigerum ſuper eum, modo univerſaliter ſervato quo …acuerant ante proſtrati. But the Eſquire in the mean time in a ſwoun, fell out of the chair as dead, between the hands of thoſe who ſtood by him. Whereupon many running to him, chafed him with wine and water, but could not recover him till they pulled off his arms. Quod factum et Militem victorem probavit, & Arm gerum eſſe victum. After ſome ſpace the Eſquire reviving, opened his eyes, and began to lift up his head, and to look terribly on every one that ſtood round about him: which the knight being informed of, went preſently to him in his arms which he never put off, and ſpeaking to him, et Proditorem et falſum appellans, quaerit ſi iterum audeat Duellum repetere? Ille verò nec ſenſum, nec spiritum habente reſpondendi; …lamatum eſt pugnam finitam, et ut quiſque ad propria remearet. The Squire was carried to his bed ſenceleſs, and died the next morning. Here we have a Duel ordered by Parliament, and the King and Lords Iudges in it, not the Commons, for a Treaſon done beyond the Seas not triable here by Law.

In the (3)(3)An Exact abridgement, p. 189, 190. Walſingham, Hiſt. Angliae, p. 154, 155.Parliament of 4 R. 2. n. 17. to 26. Sir Ralph Ferrers being areſted for ſuſpition of Treaſon on the borders of Scotland, was brought into the Parliament before the Lords, to anſwer the ſame: where divers Letters under his hand and Seal (as was pretended) were produced and read againſt him, ſent to the Lord Admiral of France, and other French Officers, informing them, that he in the behalf of the French had made a League and alliance with the Scots, and deſiring them to make payment of the monies promiſed him, and of his own fee, and inviting the French to invade England, &c. with diſcoveries of the p. 336Kings deſigns againſt the French, and anſwers to them. Sir Ralph deſired Counſel in this caſe, which was denied him: Theſe Letters were found by a beggar beſides London; divers of his familiars were called into the Parliament houſe before the Lords, and likewiſe the beggar, and the whole matter ſtrictly examined: The Letters ſent by Sir Ralph to the parties beyond Seas, and certain Letters ſent by them in anſwer to his, were all ſealed together, and all of one hand, and the Seal larger than the Seal of the ſaid Sir Ralph, whereupon they ſeemed to be forged by ſome of his Enemies for his overthrow; himſelf being once or twice urged to anſwer, Whether the Letters were his, or no? anſwered, that he did not remember they were his own Letters, and that he was ready to approve, as the Lords ſhould think fit; having formerly offered combate with any that would juſtifie it, from which he was put. In concluſion, the Lords thought him to be innocent : whereupon he was delivered to 4. Earls, and 2. Lords, who became pledges body for body, to anſwer when he ſhould be called between that and the next Parliament, and ſo he was inlarged. The Letters and his Seal were delivered to Sir John Cavendiſh Chief Juſtice of England, and the beggar being thought privy to this falſhood, was committed to priſon by THE LORDS.

In the (4)(4)See an Exact abridgment, p. 199.200.Parliament of 5 R. 2. n. 44, 45. Richard Clindow Eſquire exhibited a Bill to the King, wherein he accuſed Sir William Cogan knight, for extorting 300 l. by menaces from the Prior of St. Iohns; Sir William appearing upon Summons, prayed Counſel, which was denied, for that it concerned Treaſon; whereupon he pleaded Not Guilty. After which the ſame Parliament, n. 46. to 61. The Mayor, Baylifs and Commonalty of Cambridge were accuſed before the King and Lords, that in the late inſurrection, they confederating with other Malefactors, did break open the Treaſury of the Univerſity of Cambridge, burn ſundry Charters of the Univerſity, and compel the Chancellor and Scholars under their common Seal to releaſe to the ſaid Mayor and Burgeſſes all manner p. 337of Liberties, real and perſonal actions, and alſo to become bound to them in great ſums of money. Whereupon ſpecial writs were directed to the Mayor, Baylifs and Commonalty to appear in Parliament to anſwer the premiſes. The Mayor and Baylifs appear in perſon, and plead; that they … not privy to any ſuch act, but if any thing was done it was by compulſion by others, which the Kings learned Counſel diſproved; whereupon they pleaded Not Guilty: The Commonalty appeared by Attorney, and delivered in the Releaſe and Bond of the Univerſity complained of under their Seal, which were ordered to be cancelled. After which the Chancellor and Scholars of the Univerſity exhibited Articles againſt the Mayor and Baylifs, ſhewing their whole carriage and diſcourſe in this tumult. Upon reading whereof, it was demanded of them in the Kings behalf, What they could ſay why their Liberties lately confirmed ſhould not be ſeiſed into the Kings hands as forfeited? They thereupon required a Copy of the Articles, Councel, and reſpite to anſwer. To the Copy of the Bill, it was anſwered by the Lords, that ſeeing they had heard it read, it ſhould ſuffice, for by Law they ought to have no Copy. For Councel, it was ſaid; That to ſuch articles, if any were wherein Councel was to be had, they ſhould have it; otherwiſe not. Wherfore they were then appointed to anſwer to no crime or offence, but only to their Liberties. To which they anſwered by their Council; That this Court ought not to have any Conuſance or Juriſdiction of them for certain cauſes then alleged. But at laſt they were ordered to ſay what they could, otherwiſe they would give Iudgement againſt them, as thoſe who had nothing to ſay. Whereupon they pleaded, they did nothing but by Dureſs and conſtraint of the Rebels. At laſt, after many dilatory ſhifts, touching their Liberties, they wholly ſubmitted themſelves to the Kings mercy and grace, ſaving their anſwer to other matters. The KING therefore by the aſſent of the Prelates and Lords in Parliament (…o is the Rol…) ſeiſed their Liberties into his hands as forfeited; and by aſſent of the Lords and Prelates in Parliament, p. 338granted to the Chancellor and Scholars the Aſſiſe and correction of bread, weights, meaſures, and foreſtallers, and fines thereof within the Town and Sub…rbs of Cambridge which the Townſmen had before. The King, Lords, and Prelates being Judges, and giving the Judgement in this caſe of Commoners, as the record a …ge atteſts.

(5)(5)Hiſt. Angliae, p. 328.Walſingham relates, that in a Parliament holden at London this year about the feaſt of St. John, upon the Petition of the knights of Shires, John Straw, Captain of thoſe in the inſurrection at Bury and Myldenhale, tractationi et ſuspentioni ADJUDICATUR, (to wit by the King and Lords) licet multi putaſſent eum fuiſſe pecunia redimendum.

(6)(6)Walſingh. Hiſt. Angl. p 316.In the 7. year of R. 2. Rege vocante congregati ſunt multi de Nobilibus Regni apud Rading; to reſtrain the ſeditious motions of John de Northampton, late Mayor of London, qui ingenia facinora niſus eſt, de quibus et convictus eſt ibidem, his familiar Clerk accuſing him, both of divers practiſes and deſignes projected by him, as well to the prejudice of the King, as of the whole City of London, and objecting them againſt him. When Judgement was to be given against him in the Kings preſence, he pleaded, that ſuch a Judgement ought not to be given againſt him in the abſence of the Duke his Lord; whereby he raiſed a ſiniſter ſuſpition as well in the people, AS NOBLES, against the Duke (of Lancaster.) The Juſtice (who was to pronounce the Judgement) told him, He ought to refute his charge by Duel, or by the Laws of the Realm to ſubmit himſelf to drawing, hanging, and quartering. At which when he ſtood mute and ſaid nothing, DECRETƲM EST, ut perpetuo carceri tradiretur, et e…us bona regis uſibus confiſ…arentur, & ut Londonias non appropinquaret per centum miliaria in vita ſua: whereupon he was ſent priſoner to Tyntagel Caſtle in Cornwall, and his goods ſeiſed on by the Kings Officers.

(7)(7)An Exact abridgement, p. 292, 293, 294. See nay Doom of Cowardiſe, p. 14, 15. Walſingham, Hiſt. Angl. p. 3…3.In the Parliament of 7 R. 2. holden at Westminſter p. 339the Monday next before the feaſt of All Saints ▪ num. 17. Bryers Creſſingham, and Iohn Spic…worth Eſquires, were accuſed before the LORDS for ſurrendring the Caſtle of Drinkham in Flanders to the kings enemies for money, without conſent of the kings Lieutenant. Spickworth proved, that the ſame was not in his cuſtody; and thereupon he was diſcharged. Creſſingham pleaded, that he yeelded the ſame upon neceſsity, without money, and ſubmitted himſelf to the Lords order: who thought this no good cauſe; and therefore committed him to priſon. The ſame Parliament, n. 24, 25. Sir William de Elinſham, Sir Thomas Trivet, Sir Henry de Ferriers, and Sir William Farnden knights, and Robert Fitz-Ralph Eſquire, were accuſed before the Lords in Parliament for ſelling the Caſtle of Burburgh, with all the arms, ammunition, and proviſions therein to the French, the kings enemies▪ for ſundry ſumms of gold received by them of the French, without authority from the king or his Lieutenant: who pleaded, they ſurrendred it for ſalvation of themſelves and their people, &c. After all their excuſes made; they were upon conſideration, adjudged inſufficient by the Lords; and the Chancellor, by their order, pronounced this Judgement againſt them, That they ſhould repay all the monies they received from the Enemy to the King; be committed to priſon; ranſomed at the Kings will; and moreover, that Sir Will. de Farnden (being the greateſt Offender) ſhould be at the Kings mercy both for body and goods, to do with them as he pleaſeth.

(8)(8)Walſingham, Hiſt. Angl. p. 337.In this Parliament there was a Duel fought between John Walſh an Engliſh Eſquire, and one of Navarr: who accouſed him of Treaſon againſt the King and Realm effectually ▪ but yet falſly out of envy; Walſh having layen with his wife whiles he was under Captain of Cherburgh; as he afterwards confeſſed. This Due… was fought within the liſts in the preſence of the King and Nobles of the Realm, where this Navarrois being vanquiſhed by Walſh, REGALI JƲDICIO tractus et ſuſpenſus est, quanquam Regina et plures alii pro eo preces ſedulas porrexiſſent.

p. 340(9)(9)An Exact abridgement, p. 299, 300.In the 2. of Parliament of 7 R. 2. n. 13.10 19. John Cavendiſh a Fiſhmonger of London, praying Surety of the peace againſt Sir Michael de la Pool Knight, Lord, Chancellor of England; firſt before the Commons, and afterward before the Lords, which was granted: Then he accuſed him BEFORE THE LORDS for bribery and injuſtice; and that he entered into a bond of 10 l. to Iohn Ottard, a Clerk to the ſaid Chancellor, which he was to give for his good ſucceſs in the buſineſs: in part of payment whereof, he brought Herring and Sturgeon to Ottard, and yet was delayed and could have no juſtice at the Chancellors hands: Upon hearing the cauſe, and examining witneſſes upon Oath before THE LORDS, the Chancellor was cleared: The Chancellor, thereupon required reparation for ſo great a ſlander: the Lords being then troubled with other weighty matters, let the Fiſhmonger to Bail, and referred the matter to be ordered by the Judges; who upon hearing the whole matter, condemned Cavendiſh in three thouſand marks for his ſlanderous complaint againſt the ſaid Chancellor, and adjudged him to priſon till he had paid the ſame to the Chancellor, and made fine and ranſom to the King alſo: which the Lords confirmed.

(11)(11)An Exact abridgement, p. 304.In the Parliament of 8 R. 2. n. 12. Walter Sybell of London was arreſted and brought into the Parliament before the Lords, at the ſute of Robert de Veer Earl of Oxford, for ſlandering him to the Duke of Lancaster, and other Nobles, for maintenance: Walter denied not but that he ſaid, that certain there named, recovered againſt him the ſaid Walter, and that by maintenance of the ſaid Earl, as he thought. The Earl there preſent proteſted himſelf to be innocent, and put himſelf upon the trial. Walter thereupon was committed to Priſon by the Lords, and the next day he ſubmitted himſelf, and deſired the Lords to be a mean for him, ſaying; he could not accuſe him: whereupon THE LORDS CONVICTED and FINED HIM FIVE HUNDRED MARKS TO THE SAID EARL; for the which, and for his fine and ranſom to the King he was committed to priſon BY THE LORDS. A direct caſe in point.

p. 341By theſe two laſt Preſidents of the Lords …ining and impriſoning Cavendiſh and Syber ▪ two Commoners in Parliament, for their ſtanders and falſe accuſacions only of two particular Peers and Members of their houſe, it is moſt apparent, the Lords now may moſt juſtly, not only impriſon, but likewiſe fine both Lilburn and Overion for their moſt ſcandalous Libels▪ againſt all the Members juſt Privileges, Judicatory, and Authority of the whole Houſe of Peers, which they have contemned, viliſied, oppugned, and libelled againſt in the higheſt degree, and moſt ſcurrillouſly abuſed, reviled in ſundry ſeditious Pamphlets, to incite both the Army and whole Commonalty againſt them.

(11)(11)Henry de Knyghton, de Eventib. Angliae, l. 5. col. 2535. to 2577. Walſingham, Hiſt▪ Angl. p. 364, 365, 366. Ypodig. Neuſtr. p. 146, 147.In the Parliament of 11 R. 2. the Duke of Gloceſter and other Lords came to London with great forces to ſecure themſelves, and remove the kings ill Counſellors and bring them to judgement; whereupon the King for fear ſecuring himſelf in the Tower of London, and refuſing to come to them at Weſtminſter, contrary to his faithfull promiſe the day before, they ſent him this threatning Meſſage; niſi venire maturaret juxta condictum, quod eligerent alium ſibi Regem qui vellet et deberet obtemperare conſiliis Dominorum. Wherewith being terrified▪ he came unto them the next day: Cui dixerunt PROCERES, pro honore ſuo, & regni commodo, oporter…, ut Proditores, ſuſurrones, adulatores, et male fici detractores & juratores, à ſuo Palatio et Comitive etiam eliminarentur; Whereupon they baniſhed ſundry Lords, Biſhops, Clergy-men, Knights and Ladies from the Court, and impriſoned many other Knights, Eſquires, and Lawyers, to anſwer their offences in Parliament. The firſt man proceeded againſt in Parliament, was the Chief Juſtice Treſylian, whom the Lords preſently adjudged to be drawn and hanged. The like Iuegement the Lords gave againſt Sir Nicholas Brambre Knight, Sir Iohn Salisbury, Sir Iames Burw…yes, Iohn Beauchamp, Iohn Blakes ▪ who were all drawn and hanged accordingly as Tray…ers one after another: and Simon Burly beheaded after them, by like judgement, notwithſtanding p. 342the Kings, and Earl of Derbies interceſſions for him to the Lords. After their Execution, Robert Belknap…, John Hol…, Roger Fulthorp, and William Burgh, Juſtices, were baniſhed by the Lords ſentence, and their lands and chattels confiſcated, out of which they allowed them only a ſmall annual penſion to ſuſtain their lives. After which theſe Judgments againſt them were confirmed by Acts of Attainder, as you may read in the Statutes at large of 11 R. 2. where their Crimes and Treaſons are ſpecified, in Cokes 3 Inſtitutes, c. 2. p. 22, 23. and in Knyghton, Holinſhed, Fabian, Speed, Truſſel, with other Hiſtorians.

In the (m)(m)Exact abridgement, p. 330, 331.Parliament of 13 R. 2. n. 12. Upon complaint of the Biſhop, Dean and Chapter of Lincoln againſt the Mayor and Bayliffs thereof, for injuſtice in keeping them from their rights and rents, by reaſon of the franchiſes granted them, which they abuſed; Writs were ſent to the Mayor and Baylifs, to appear at a certain day before the Lords, and to have full authority from the whole Comonalty to abide their determination therein: At which day the Mayor and Bayliffs appearing in proper perſon; for that they brought not full power with them from the ſaid Commonalty, they were an… go… by the Lords to be in contempt, and ſo were the Mayor and Bayliffs of Cambridge, for the ſelf ſame cauſe this very Parliment, n. 14.

In the (n)(n)Exact abridgement, p. 342, 343.Parliament of 15 R. 2. n. 16. The Prior of Holland in Lancaſhire, complained of a great riot done by Henry Treble, John Greenbo…, and ſundry, & others for entring into the Parſonage of Whitw…rke in Leiceſterſhire; thereupon John de Ellingham, Serjeant at Armes, by vertue of a Commiſſion to him directed, brought the ſaid Treble and Greenbow, the principle malefactors into the Parliament before the Lords; who upon … confeſſed the whole matter, and were therefore committed to the Flea…, there to remain at the Kings pleaſure: after which they made a fine in the Chancery, agreed with the Prior, and found ſureties for the Good behaviour; p. 343whereupon they were diſmiſſed. The ſame Parliament, n. 19. Sir Will. Bryan, was by the King with the aſſent of the Lords, committed priſoner to the lower during the Kings will and pleaſure, for purchaſing a Bull from Rome to the Archbiſhops of Canterbury and York, to excommunicate all ſuch who had broken up his houſe, and taken away divers Letters, Privileges, and Charters, which Bull was adjudged prejudicial to the King; his Counc…l, and in derogation of the Law. Num. 20. Thomas Harding was committed to the Fleet by the King and Lords aſſent, there to continue during the Kings pleaſure, for falſly accuſing Sir John and Sir Ralph Sutton, as well by mouth as writing, of a conſpiracy, whereof upon hearing they were acquitted. And n. 21. John Shadwell of Baghſteed in Suſſex, was likewiſe committed to the Fleet by THE LORDS, there to remain during the Kings pleaſure, for miſinforming of the Parliament, that the Archbiſhop of Canterbury had excommunicated him and his neighbours wrongfully in his ſpiritual Cour…, for a temporal cauſe belonging to the Crown, and Common Law, which was adjudged by the Lords upon examination to be untrue.

To paſſe by the accuſation of Sir Philip Courtney, of divers hainous matters, oppreſſions, diſſenſions before the King and Lords in the Parliament of 16 R. 2. n. 6.13, 14. of which more anon. In the Parliament of 17 R. 2. n. 20, 21. (o)(o)Exact abridgement, p. 346, 347, 35…, 354 Cooks 3 Inwit. p. 22.John Duke of Lancaſtre Steward, and Thomas Duke of Glouceſter Conſtable of England complained to the King, that Sir Thomas Talbot Knight with other his adherents conſpired the deaths of the ſaid Dukes in divers parts of Cheſhire, as the ſame was confeſſed and well known, and prayed, That the Parliament might judge of the fault. Whereupon the King and the Lords in Parliament (without the Commons) adjudged the ſaid fact to be open, and High Treaſon. And thereupon they awarded two Writs, to the Sherifs of Yorks and of Derby, to take the body of the ſaid Sir Thomas, retornable in the Kings Bench, in the month of Eaſter next enſuing: And open Proclamation was made in Weſtminſter Hall▪ p. 344That upon the Sherifs retorn, and at the next coming in of the ſaid Sir Thomas, he ſhould be convicted of Treaſon, and incurr the loſs and pain of the ſame; and that all ſuch who ſhould receive him after the Proclamation, ſhould receive the like loſſe and pain.

In the (p)(p)Exact abridgement, p. 361, 362.Parliament of 20 R. 2. n. 15, 16, 23. Sir Thomas Haxey Clark, was by the King & Lords in Parl. adjudged to die as a Traytor, and to forfeit all his Lands, Goods, Chattels, Offices and Livings, for exhibiting to the Houſe of Commons a ſcandalous Bill againſt the King and his Court, for moderating the outragious expences of his Court by Biſhops and Ladies, &c. Upon the Biſhops interceſſion the King ſpared his life, and delivered him into the cuſtody of the Archbiſhop, to remain as his Priſoner.

In the (q)(q)Exact abridgement, p. 369, 379, 381.Parliament of 21 R. 2. n. 19, 20. Pl. & Parl. n. 2. to 15. The Lords Appellants appealed Sir Tho Mortimer Knight, of High Treaſon, for raiſing war againſt the King, accroaching royal power, and purpoſing to ſurrender his homage and allegiance, and depoſe the King: Who flying into the parts of Ireland; thereupon the Lords in Parliament aſſigned him a certain day to come and render himſelf to the Law, or elſe to be adjudged and proceeded againſt as a Traytor: and Proclamation thereof was made accordingly in England and Ireland, to render himſelf within 3 months: And that after that time all his Abettors and Aiders ſhould be reputed for, and forfeit as Traytors. He not coming at the day, The Duke of Lancaster Steward of England, by aſſent of the Lords in Parliament, adjudged him a Traytor; and that he ſhould forfeit all his Lands in fee and ſee tayl, together with all his Goods and Chattels. The like Judgement in like manner was in the ſame Parliament given againſt Sir John Cobham Knight, for the like Treaſon, Placit. Coronaen. 16.

On the 22 day of March, 22 R. 2. n. 27.**Exact Col. p. 381. The King, by aſſent of the Lords, adjudged Sir Robert Pleſington, Knight, then dead, a Traytor, for levying war againſt him with the Duke of Gloceſter at Harrengary; for which he p. 345ſhould loſe all his Lands in fee, or fee tayl, and all his goods. And n. 28. Henry Bowht Clerk, for being of Counſel with the Duke of Hereford in his device, was adjudged by the King and Lords to die, and forfeit as a Traytor; after which his life was pardoned and he baniſhed.

In the Parliament of 1 H. 4. n. 79. As the **See here, p. 196, 197.Commons acknowledged, that the Iudgements in Parliament had always of right belonged to the King and Lords, and not unto the Commons: So therein the King and Lords alone, without the Commons, gave Judgement in ſundry caſes, as Judges in Parliament.

1. In Sir Thomas Haxey his caſe,Rot. Parl. 1 H. 4. n. 90. who in his own name preſented a Petition in this Parliament, a noſtre treſedoute ſeigniour le ROY, & a LES SEIGNIORS DU PARLIAMENT, ſhewing, that in the laſt Parliament of 21 R. 2. that he delivered a Bill to the Commons of the ſaid Parliament for the honour and profit of the ſaid King, and of all the Realm; for which Bill, at the will of the King, he was (by the King and Lords) adjudged a Traytor, and to forfeit all that he had; praying that the record of the ſaid Judgement, with the dependants thereupon might be vacated and nulled by them in this preſent Parliament as erronious; and that he might be reſtored to all his degrees, farms, eſtate, goods, chattels, ferms, penſions, lands, tenements, rents, offices, advow ſons and poſſeſſions whatſoever, and their appurt. and enjoy them to him and his heirs; notwithſtanding the ſaid Iudgement, or any grant made of them by the King. **1 H. 4. n. 104.The Commons Houſe exhibited a Petition likewiſe on his behalf, to the like effect; adding, that this judgement given againſt him, for delivering this Bill to the Commons in Parliament, was eneontre droit, et la courſe quel avoit eſtre uſe devant in Parlement en anienteſment des Cuſtoms, de… le… Communes. Upon which Petitions; Noſtre Seignior le ROY, de Induis & aſſent des touz les Seigniors eſperituelz et temporelz ad ordinez et adjudges, que le dit juggement renus vers le dit Thomas in Parlement ſoit de tout caſſes, p. 346revorſes, repellez et adnullez, et tenus pur nul force n'effect, et que le dit Thomas ſoit reſtitut a ſes nom et fame, &c. nient obſtant meſme le juggement.

2ly. In the caſe of Judge Rickhill 1 H· 4. n. 92. On the 18 of November, the Commons prayed the King that Sir William Rickhill late Juſt. of the Common Bench, arreſted for a Confeſſion he had taken of the Duke of Glouceſter at Calice, might be brought to anſwer for it devant les Seigniors du Parlement: whereupon he was brought into Parliament before the Kings preſence, and all the Lords ſpiritual and temporal, and Commons aſſembled in Parliament, where Sir Walter Clapton Chief Juſtice of the Kings Bench, by the kings command, examined the ſaid Sir William, how and by what warrant he went to Calice, to the ſaid Duke of Gloceſter, and upon what meſſage? Who anſwered, that king Richard ſent him a ſpecial Writ into Kent (there recited verbatim) commanding him by the faith and allegiance whereby he was obliged to him, and under pain of forfeiting all he had, to goe unto Caleys. And that at Dover he received a Commiſſion from the ſaid king by the hand of the Earl Marſhal, to confer with the Duke of Gloceſter, and to hear whatſoever he would ſay or declare unto him, and to certifie the king thereof in proper perſon, wherever he ſhould be, fully and diſtinctly under his Seal. Whereupon he went thither, and took the ſaid Dukes Examination in writing, according to the purport of the ſaid Commiſſion, a Copy whereof the Duke himſelf received, &c: Upon the hearing of his anſwer and defence, every temporal Lord being in full Parliament examined touching the anſwer of the ſaid Sir William, and the matters and evidences which they had examined, ſaid ſeverally; that the ſaid William had done his meſſage well and legally, and that in the perſon of the ſaid William there was no fault nor evil touching the ſaid meſſage, nor any thing that he did to the perſon of the ſaid Duke. Whereupon Walter Clapton Chief Juſtice of the Kings Bench, by command of the king adjudged and declared, that the ſaid William ſhould be fully excuſed and acquitted p. 347for ever in time to come touching this matter.

3ly. The **1 H. 4. rot. Parl. n. 93.laſt day of this Parliament, it was agreed by the King and Lords, that all the remembrances called Raggemans or Blant…es Charters, lately ſealed in the City of London, and divers Counties, Cities and Burroughs of England, ſhould be ſent to the City of London; and from every County, City and Burrough from whence they came, and Writs ſent to every of them rehearſing, That the king held all the reſiants and Inhabitants in them for his good and loyal Subjects; and that no confeſſion by them made, compriſed in the ſaid remembrances, are nor ſhall be in derogation of the eſtate of any ſuch perſon: and that the ſame remembrances ſhall be burnt and deſtroyed in the moſt open place of the ſaid Counties, Cities and Burroughs, and if any thing remain of record in any Court, or place, the king wills that it ſhall be cancelled, and totally adnulled, revoked and repealed, and held for no record; and of no force nor value for time to come.

4ly. The 19th. of November in the ſaid Parliament, Placita Coronae coram Domino Rege in Parliamento ſuo, &c. Anno regni Regis Henrici quarti poſt Conqueſtum, primo n. 17. The Commons prayed she King, that rhe purſute, arreſt, and judgements made againſt Sir William le Scrop… knight, Henry Green knight, and John Baſſy knight, might be affirmed and held good. Whereupon Sir Richard Scroop humbly prayed the King, that nothing which ſhould be done in this Parliament might turn to his or his Childrens diſ-inheriſon. Of which Sir Richard it was demanded, whether the ſaid purſute, arrest and judgements were good or not? who anſwered, that he feared not to ſay, and muſt confeſſe, that when they were made th…y were good and profitable for the King and Realm, and that his Son was one of them, for which he was very ſorrowfull. Whereupon the king rehearſed, that he claimed the Realm and Crown of England, with all their members and appurietenances, as heir of the bloud by the right line of king Henry the 3d. and although through the right which God had ſent him, by the aid of his Parents and friends, he p. 348recovered the ſaid Realm, which was at the point to be undone by default of government, and defeſance of the Laws and cuſtoms of the Realm, yet it was not his will that any ſhould think, that by way of Conqueſt, he would diſinherit any man of his heritage, franchiſe, or other right which he ought to have, nor out any man of that which he had, or ſhould have by the good Laws or Cuſtoms of the Realm, except theſe who had been againſt the good purpoſe and common profit of the Realm; of which only the King held the ſaid Sir William, Henry, and John for ſuch, and guilty of all the evil which had come upon the Realm: and therefore he would have and hold all the Lands and Tenements they had within the Realm of England, or elſewhere, by conqueſt: Whereupon, fuiſt demande de touts les Seigniors temporellez lour advys de les purſuite, arreſte, & juggem … ſui…di…z. Les queux Seigniors touz de …ne accorde diſorent, que meſmes les purſuite, arreſte, juggement & quin…que fuiſt fait come defuiſt dit uiſt bons, et les affirmente Piur bons et profitables.

5ly. In the caſe of **Exact abridgement, p. 400, 401.John Hall, 1 H. 4. Placita Coronae, n. 11 to 17. who being in cuſtody of the Marſhal of Englana, was brought by him before the Lords in Parliament, and there charged before them by Walter Clapton, Lord Chief Juſtice, by the King command, with having a hand in the murther of the Duke of Glocester, who was ſmothered to death with a Featherbed at Calues by king Richard the ſeconds command; the whole tranſaction whereof he confeſſed at large, and put in writing before James Billingford. Clerk of the Crown, which was read before the Lords; upon reading thereof, the King and all the temporal Lords in Parliament reſolved, that the ſaid John Hall, by his own confeſſion, deſerved to have as hard a death as they could adjudge him to, becauſe the Duke of Gloceſter was ſo high a Perſon; and thereupon toutes les Seigneiors temporelz per aſſent du Roy adjuggerent, all the temporal Lords by aſſent of the King ADJƲDGED, that the ſaid Jo. Hall ſhould be drawn from Tower hill unto the Gallows at Tiburn, and there bowelled, p. 349and his bowels laid before him; and after he ſhould be hanged, beheaded, and quartered, and his head ſent to Calice where the murther was committed, and his quarters ſent to other places where the king ſhould pleaſe; and thereupon command was given to the Marſhal of England to make execution accordingly, and it was ſo done the ſame day.

Lo here the Lords in Parliament gave judgement againſt a Commoner in caſe of a murther done at Calice, (and ſo not …riable in the Kings Bench, but in Parliament) and paſſe a Judgement of High Treaſon on him, for murthering of a great Peer only.

In the Parliament of 2 H. 4. rot. Parl. n. 23, 24. The Commons ſhewed to the King, that **See this caſe abridg'd in an exact abridgement, p. 406.William Bagot had been impeached of many horrible deeds and miſpriſions, the which if they had been true, the Commons ſuppoſed, the the King aad ths Lords would have had good notice thereof, for that they had made many examinations thereof whiles the ſaid William was in diſtreſs. And therefore the ſaid Commons prayed the King, that the ſaid Sir William being in Flanders and no offence found in his perſon, upon the ſlanders in his impeachment aforeſaid; that he would be pleaſed to reſtore him to his lands: To which prayer was anſwered in the Kings behalf, that although the ſaid Sir William upon the ſaid impeachment made the laſt Parliament, was put to his anſwer before the King and the Lords, and there pleaded a general Charter of pardon, againſt which Charter, it ſeemed to all the Lords then preſent, that the ſaid Sir William ought not to be impeached nor put to anſwer by the King, on his part; for that the ſaid Sir William was not attainted of any impeachment ſuggeſted againſt him, and that the King had done him juſtice in this behalf; therefore he would in the ſame manner doe him juſtice in the reſidue at the Commons requeſt. A moſt full proof of the Kings and Lords judicial power in Parliaments, even in caſe of a Commoner.

p. 350The ſame Parliament, (z)(z)Fox Acts & Monum. Vol. 1. p. 875. Fitz. Natur. Brev. f. 269. my Sword of Chriſtian Magiſtracy ſupported, p. 55, 56. An Exact abridgement, p. 407.2. H. 4. num. 29. William Sautre, being condemned of Hereſie in the Convocation by Archbiſhop Arundel and the Clergy, thereupon by order and advice of the Temporal Lords, without the Prelates, (who muſt not have their hands in blood, though they gave the Sentence, that he ſhould be burned) or the Commons; there iſſued out a Writ to the Sherifs of London, for the burning of Sautre as an Heretick, accordingly burnt thereon, being the firſt writ of this Nature; iſſued by the Lords alone in the Kings name, before the Statute of Hereſie was made and paſſed in this Parliament.

In the ſame (a)(a)An Exact abridgement, p. 407.Parliament of 2 H. 4. n. 30. The Temporal Lords, by aſſent of the King, adjudged and declared Sir Ralph Lumly Knight and others Traytors, for levying war in ſundry parts to deſtroy the K. & his people; and that they ſhould forfeit all their lands in fee, goods and chattels, though they were (b)(b)Walſingh. Hiſt. Angl. p. 404, 405.ſlain in the field, & not arraigned nor indicted by reaſon thereof.

In the (c)(c)An Exact abridgment p. 407.Parliament of 4 H. 4. n. 19, 20, 21. Sir Philip Courtney being complained againſt and convicted of a forcible entry into Lands, and for a forcible impriſonment of the Abbot of M…nthaem in Devonſhire, and two of his Monks, was upon hearing and examination adjudged by the King and Lords, to be bound to his good behaviour, and for his contempt committed to the Tower of London priſoner.

(c)(c)Walſingham Hiſt. p… 409, 410, 411. See Holinſhed Grafton, Speed.Anno 1403. Henry Percy the younger, confederating with Thomas Percy Earl of Worceſter, to raiſe forces …nd rebel againſt the King, ſent Letters to the people of every County, propoſitum quod aſſumpſerant, non eſſe contra ſuam ligeantiam, et fidelit tem quam regi fecerant, nec ab aliunde exercitum congregaſſe, niſi pro ſalvatione perſonarum ſuarum, & reipublicae meliori guvernatione, Quia cenſus et Tallagia Regi conceſſa, pro ſalva regni cuſtodia, covertebantur (ut dixerunt) in uſus indebitos, et inutiliter conſumebantur: praeterea querebantur, quod propter aemulorum dilationes peſſimas, rex eis inſenſus fuerat, ut non auderent perſonaliter venire ad ejus praeſentiaem, donec Praelati, regnique Barones regi p. 351ſupplicaſſent pro eiſdem, ut coram Rege permitterentur declarare ſuam innocentiam, & per Pares ſuos legaliter juſtificari. Plures igitur viſis his literis collaudabant tantum virorum ſolertiam, & extollebant fidem quam erga Rempublicam praetendebant. Having raiſed great forces againſt the King by this means; which the kings forces encountred at Shrewsbury in a pitched battel; Henry Percy and ſundry of his adherents were there ſlain in the field, and the reſt routed; For which levying of war in the (e)(e)An Exact abridgment, p. 426, 427.Parliament of of 5 H. 4. n. 15. the ſaid Henry Percy and his Co…federa…es were declared and adjudged Traytors by the King and Lords in full Parliament; and their Lands, goods and cha…tels confiſcated. In the ſame Parliament, n. 18. At the Petition of the Commons, The Lords …en…ed and ordered, that the Kings Confeſſor, the Abbot of Dore, Mr, Richard Durham, and Crosby of the Chamber, ſhould be removed out of the Kings houſe and Court; whereupon 3. of them appearing before the King and Lords in Parliament; the King though he excuſed them, yet charged them to depart from his houſe, for that they were hated of the people.

In the (f)(f)An Exact abridgment, p. 479.Parliament of 13 H. 4. n. 12, 13. The Lord Roos complained againſt Robert Thirwit one of the Juſtices of the Kings Bench, for withholding from him, and his Tenants Common of Paſture and Turb…ry in Warbie in Lincolnſhire, and lying in wait with 500 men for the Lord Roos. Thirwit before the King and Lords confeſſed his fault, and ſubmitted himſelf to their Order, who appointed 3. Lords to end the difference; who made an award between them, that Thirwit ſhou…d confeſs his fault to the Lord Roos, crave his pardon, and tender him amends.

In the (g)(g)An Exact abridgment, p. 553, 554. Wa…ſingham, Ypodig. p. 181 to 184. Fox Acts & Mon. Vol. 1. p. 726. to 772.Parliament of 5 H. 5. n. 11. Sir John Oldcaſtle knight, being outlawed of Treaſon in the Kings bench, and excommunicated before the Archbiſhop of Canterbury for Hereſie, was brought before THE LORDS, and having heard his conviction, made no anſwer nor excuſe thereto. Upon which Record and Proceſs THE p. 352LORDS ADJUDGED, that he ſhould be taken as a Traytor to the King and Realm, carried to the Tower of London, from thence drawn through the City to the new Gallows in St. Gyles without Temple-barr, and there hanged and burned hanging: which was accordingly executed.

(h)(h)An Exact abridgment, p. 568.Sir Iohn Mortymer knight, being committed to the Tower upon ſuppoſition of Treaſon done againſt King Henry the 5. in the 1. year of H. 6. brake out of the Tower; for which breach he was indicted of Treaſon: being afterwards apprehended, he was brought into the Parliament of 2 H. 6. n. 18. and upon the ſame Indictment, then confirmed by aſſent of Parliament, JUDGEMENT was given againſt him BY THE LORDS, that he ſhould be carried to the Tower, drawn through London to Tiburn, there to be hanged, drawn and quartered, his head to be ſet on London-bridge, and his four quarters on the four Gates of London.

In the (i)(i)An Exact abridgment, p. 662, 663, 670, 671, 677, 679.Parliament▪ of 38 H. 6. n. 20, 2…, 22. Sir William Oldham knight, and Thomas Vaughan Eſquire, were attainted of Treaſon by the LORDS and in the Parliaments of 1 E. 4. n. 19. to 31. 4 E. 4. n. 28. to 38. …4 E. 4. n. 34. to 40. ſundry Knights, Eſquires, Citizens and Commoners are attainted of Treaſon by the Lords for levying warr, and holding forts againſt the King, then after by Bill whoſe names are overtedious to reherſe; which you may peruſe at leiſure in the Exact Abridgement of the Records in the Tower.

To omit all other preſidents of this Nature in the reigns of King H. 7.8. Ed. 6. Qu. Mary, and Qu. Elizabeth, of Commoners cenſured in and by the Lords houſe in Criminal cauſes, upon impeachments, complaints, petitions, which thoſe who pleaſe may find recorded in the Journals of the Lords houſe; I ſhall recite only ſome few Preſidents more of late and preſent times.

(k)(k)Cooks 4 Inſt…. p. 23.In the Parliaments of 18. & 21 Iacobi, Sir Giles Mompeſſon, and Sir Iohn Michel, upon complaints and impeachments by the Commons for promoting Monopoli…s, Corruption, and other Miſdemeanors, were fined, p. 353impriſoned by Judgement of the Lords Houſe, and Sir Giles degraded of his knighthood.

In the Parliament of 3. Carol…, the Commons impeached Roger Manwaring, Dr. of Divinity; for preaching and printing Seditious and dangerous Sermons; and ſent up this Declaration againſt him to the Lords. June 14. 1628.

For the more effectual prevention of the apparent ruine and deſtruction of this kingdom (which must neceſſarily enſue, if the good and fundamental Laws and customs therein establiſhed ſhould be brought into contempt and violated, and that form of government thereby altered, by which it hath been ſo long maintained in peace and happineſs:) And to the honour of our Soveraign Lord the King, and for the preſervation of his Crown and Dignity, the Commons in this preſent Parliament aſſembled, do by this their Bill ſhew, and 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 monethmonth 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 p. 340from calling of Parliaments, to alienate his royal heart from his people, and to cauſe jealouſies, ſedition and diviſion in the kingdom: He the ſaid Roger Manwaring doth in the ſaid Sermons, and book perſwade the kings most excellent Majeſty.

Firſt, That his Majeſty is not bound to keep and obſerve the good Laws and Cuſtoms of the Realm, concerning the rights and liberties of the Subjects aforementioned, and this his royal will and command in impoſing loans, taxes, and other aids upon his people, without common conſent in Parliament, doth ſo far bind the Subjects of this Realm, that they cannot refuſe the ſame without peril of eternal damnation.

Secondly, That thoſe his Majesties loving Subjects, which refuſed the loan aforementioned, in ſuch manner as is before recited, did therein offend the Law of God, againſt his Majesties ſupream authority, and by ſo doing became guilty of impiety, diſloyalt…e, rebellion, and diſ-obedience, and lyable to many other taxes and cenſures, which he in the ſeveral parts of his book doth moſt faſly and malitiouſly lay upon them.

Thirdly, That authority of Parliament is not neceſſary for raiſing of aids and ſubſidies, that the ſlow proceedings of ſuch aſſemblies are not fit for the ſupply of the urgent neceſſities of the eſtate; but rather apt to produce ſundry impedimen…s to the juſt deſigns of Princes; and to give them occaſion of diſpleaſure and diſcontent.

All which the Commons are ready to prove, not only by the general ſcope of the ſame Sermons, and books, but likewiſe by ſeveral clauſes, aſperſions and ſentences therein contained, and that he the ſaid Roger Manwaring by preaching and publiſhing the Sermons and book aforementioned, did moſt unlawfully abuſe his holy function inſtituted by God in his Church, for the guiding of the conſciences of all his ſervants, and chiefly of ſoveraign Princes and Magiſtrates, and for the maintenance of peace and concord betwixt all men, eſpecially between the King and his People, and hath thereby moſt grievouſly offended againſt the Crown and dignity of his Majeſty, and againſt the proſperity, and good government of this eſtate, and Commonwealth.

p. 337And the ſaid Commons by proteſtation ſaving to themſelves the liberty of exhibiting of any other accuſation, at any time hereafter▪ or impeachment againg the ſaid Roger Manwaring, and alſo of replying to the anſwers, which he ſaid Roger ſhall make unto any of the matters contained in this preſent bill of complaint, and of offering further proof of the premiſes, or of any of them, as the cauſe (according to the courſe of the Parliament ſhall require) Do pray, that the ſaid Roger Manwaring m…y be put to anſwer to all and every the premiſſes, and that ſuch proceeding, examinat…on, trial, judgement, and exemplary puniſhment may be thereupon had and executed, as is agreeable to Law and Juſtice.

On June the 14, 1628. the Lords ſending a meſſage to the Houſe of Commons, that they were ready to give judgement againſt Manwaring, if the Houſe of Commons would demand it. Thereupon they went with the Speaker up to the Lords Houſe, having agreed he ſhould demand judgement in theſe words, which he then uſed at the Lords Bar: The Knights, Citizens and Burgeſſes of the Houſe of Commons have impeached Roger Manwaring of ſundry miſdemeanors, and your Lordſhips having taken conſideration thereof, they doe now by me their Speaker demand judgement againſt them, Which upon reading his impeachment, and full proof thereof out of his Sermons, in his preſence, was done accordingly. The Judgement was given and pronounced by the Lord Keeper, all the LORDS being in their Robes, and Manwaring at the Bar, it was delivered in theſe words.

Whereas Roger Manwaring Doctor in Divinity hath been impeached by the Houſe of Commons for miſdemeanors of a high nature in preaching two Sermons before his Majeſtie in Summer, which ſince are publiſhed, in print, in a Book intituled Religion and Allegiance; and in another Sermon preached in the Pariſh of St. Giles in the Fields the 4th. of May laſt: And their Lordſhips have conſidered of the ſaid Manwarings anſwer thereunto, expreſſed with tears and grief for his offence, moſt humbly craving pardon therefore of the p. 356Lords 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 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.

p. 357In this very (l)(l)See the Lords and Commons Journals, Diurnal Occurrences, p. 15, 16.19, 39, 191, to 264. Mr. St. Johns Speech and Declaration againſt them at a conference of both Houſes. The Speeches of Mr. Hide, Mr. Waller, Mr. Perpoint, Mr. Hollis at their impeachments. The 1 part of my legal and hiſtorical Vindication, &c. p. 36▪ 37.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 p. 344one 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. (m)(m)See here, p. 36, 37.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 (n)(n)Cooks 4 Inſtit. p. 15.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 p. 341commit and fine them for contempts and breaches of their Privileges, as our (o)(o)See Brook & Aſhes Tables, Tit. Contempts; Fines pur Contempt & ImpriſonmentLaw 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 falſe… 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 in…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 (p)(p)In Cottoni Poſthuma, p. 348.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 Mo…tfort, vice totius COMMUNITATIS as Speaker or Proctor of the Commons.

p. 360I 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 pur…i…ed him with forces, as (q)(q)Hiſt. Angl. P. 943, 959.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. (r)(r)Ma…. Paris Auctuarium Additamentorum Londini, 1639. p. 222.Maxime cum ipſe a regno expuiſus non extiterit, ſed ſponte ceſſerit, non auſus exhibitionem juſti…iae, quae ſingulis, ſecundum Iuramenta Regis et Procerum debebatur, expectare. 2. The reaſon why he thus ſled, was to avoid the Juſtice of THE KING & LORDS, as they in plain terms inform the Pope; without any mention of the Commons. 3ly, This expulſion is ſaid to be in 44 H. 3. or rather in 41. as (ſ)(ſ)Page 947.Mat. Paris and others inform us, An. 1458. And that is at leaſt 5. or 8. years before any Commons, Knights and Burgeſſes were ſummoned to our Parliaments, by Sir Robert Cottons, Mr. Seldens, and others confeſſions, and that by the Writ in 49 H. 3. Rot. Clauſ. m. 10. dorſo. Therefore if the Commons had any vote in his baniſhment, it was 5. or 8. years before they were admitted into our Parliaments: and ſo a Baniſhment not in, but out of Parliament. 4ly, This Letter to Pope Alexander begins thus, Sanctiſſimo Patri in Chriſto, Alexandro. &c. COMMUNITAS COMITUM, PROCERUM, MAGNATUM, ALIORUMQUE REGNI ANGLIAE; and it is ſubſcribed joyntly by 6. Earls, and 5. Noblemen, whereof Petrus de Montfort is the laſt, VICE TOTIUS COMMUNITATIS (to wit, Communitas Comitum, Procerum, Magnatum aliorumque Regni Angliae, who writ the Letter, mentioned in the beginning thereof, not of the Commons Houſe, contradiſtinct from the Earls, Nobles, Great-men, and Barons of the Realm) praeſentibus literis ſigilla nostra appoſuimus; in teſtimonium praedictorum; not by the 10 firſt Earls and Nobles, in behalf of themſelves, the Earls, Lords and great men of the Realm, and by Peter de Montford, p. 361as Speaker or Proctor of the Commons, who (as (11)(11)An Exact abridgement of the Records in Tower, p. 12▪ 151.Sir Robert Cotton himſelf acknowledgeth) had no Speaker a… all, in 6 E. 3. (An. 1332. being at leaſt 74. years after this Letter) nor yet till 51 E. 3. rot. Parl. n. 87. for ought appears by Hiſtory or Record, being 119. years after this Letter. Wherefore this preſident conſiſting of ſo many miſtakes (as I have more largely proved in my Preface to Sir Robert Cottons Exact Abridgement of the Records in the Tower,) makes nothing at all for the Commons joynt Right of Judicature with the King and Lord: The rather, becauſe the Communitas in the objected clauſe of the Letter, is not meant, of the Commons in Parliament; but the Communitas or Univerſitas Regni popularis etſi non Nobiles, (as (u)(u)Pag. 941Mat. Paris ſtiles them,) or popular rabble of Commons out of Parliament.

The 2. preſident, is that of Sir Nicholas Segrave 33 E. 1. rot. 33. Cooks 3. Inſtitutes, p. 7. & 4 Inſtit. p. 23. in the margin. Who being charged in Parliament in preſence of the King, Earls, Barons and OTHERS OF THE KINGS COUNCEL, (not the Commons or Burgeſſes, but the Iudges, and Kings learned Councel at Law, **See the Free-holders Grand Inqueſt, p. 39, 40 41, 42.or his Privy Council, who were aſſiſtants to the Lords, as I conceive, which Sir Edward Cook miſtaking, would have to expreſs the Commons in Parliament) then and there preſent; that the King in the wars of Scotland, being among his enemies, Nicholas Seagrave, his leigeman, who held of the King by Homage and fealty, and ſerved him for his aid in that warr, did maliciouſly move diſcord and contention without cauſe with John de Crombewell, charging him with many enormous crimes, and offered to prove it upon his body. To whom the ſaid John anſwered, that he would anſwer him in the Kings Court, &c. and thereupon gave him his faith. After which Nicholas withdrew himſelf from the Kings haſt and aid, leaving the King in danger of his enemies, and adjourned the ſaid John to defend himſelf in the Court of the King of France, and prefixed him a certain day: and ſo as much as in him was, ſubjected, and ſubmitted the Dominion of the King and kingdom, to the ſubjection of the King of France: and to effect this p. 362he took his journey towards Dover to paſſe over into France. All which he confeſſed, and ſubmitted himſelf therein de alto et Baſſo, to the Kings pleaſure. And hereupon the King willing HABERE AVISAMENTUM, to have the adviſe of the EALS, BARONS, LORDS, (magnatum) and OTHERS OF HIS COUNCEL, enjoyned them upon the Homage, fealty, and allegiance wherewith they were obliged to him, quod ipſi ſideliter CONSULERENT, that they ſhould faithfully ADVISE HIM, what puniſhment ſhould be inflicted for ſuch a fact thus confeſſed? Qui omnes, habito ſuper hoc diligenti tractatu, et aviſamento, &c. Who all having had thereupon di…igent debate and adviſe, having conſidered and underſtood all things contained in the ſaid fact, DICUNT (not by way of Judgement judicially pronounced, but of anſwer to the Kings queſtion propounded, and as their opinion of the cauſe) Said, that this fact deſerved loſſe of life & members &c. So as this offence (notes Sir Edward Cooke) was then adjudged in Parliament to be High Treaſon. But under his favour, Firſt, here was no judgement at all given againſt the party himſelf, but only an opinion and advice touching this caſe (not pending judicially in Parliament by way of Inditement or impeachment, but voluntarily propoſed by the King) in anſwer to the kings queſtion; and ſo it can be no proof of any actual proper judicature veſted in both Houſes. Secondly, For ought appears, this queſtion was only propounded to the Earls, Lords, Barons, and the Kings Council that aſſiſted them; and ſo only to the Houſe of Peers, not to the Commons: and anſwered, reſolved only by them; **See the Freeholders grand Inqueſt p. 39, 40, 41, 42.aliorum de Concilio ſuo; not expreſſing nor including the Commons, as I apprehend, being never ſo intitled in any Parliament Records for ought I can find.

That theſe alii de Concilio, were not the Commons, as Sir ††4 Inſt. p. 23. 3 Inſt. p. 7. & 22.Edward Cook inſinuates, but the Kings Juſtices and Judges who attended them, is moſt clear by this paſſage of††Flores Hiſt. pars 2. Anno 1305. p. 449, 450. Matthew Weſtminſter, who lived and writ the ſtory of it at that time in theſe words. Sub illo quoque tempore, Nicholaus de Segrave unus de praeſtantioribus p. 363de regno, pro tali cauſa arreſtatus fuerat coram rege: Alius quidam Johannis de Crom…ewell ipſum de proditione arguerat. Ille autem in defenſionem obtulit ſe duello. Rex propter bella ſua noluit iſta pati; ille vero non licentiatu…, et contra prohibitionem Regis, mare tranſivit, perſequens accuſatorem, ipſo Rege adhuc inter hoſtiles acies conſtituto. Ideirco reputa… eum Rex in judicio vitae ſuae contemptorem, nec per ipſum ſtare, quin Rex ab hoſtibus interiret. Et ille in gratiam Regis ſe ſubmiſit. Cui Rex juſtitiam fieri volo in judicio. Proinde JUSTITIARII (mark it, not the Commons) TRIDUO SUPER HOC CONSULTANTES, reſponderunt regi; hujuſmodi hominem reum eſſe mortis, et omnia bona ſua mobilia et immobilia regii juris eſſe. Veruntamen, propter generoſitatem ſanguinis addiderunt, non hunc in regis contemptum, Angliam egreſſum fuiſſe, ſed propter iram ſe de ſuo criminatore vindicandi. Regis autem eſſe, poſſe facere miſericordiam cum eodem. Quibus Rex, O diu conſultati ſed inconſulti▪ Equidem meum eſt poſſe, et velle conferre gratiam, & cui voluero, miſerebor. Nec propter vos amplius, quam pro cane. Quis in gratiam meam ſe ſubmiſit, & repulſam paſſus eſt? Veruntamen veſtrum judicium in ſcriptura redigatur, et pro lege amodo teneatur. Proinde dictus miles ad carcerem ducebatur, ne impunitas armare… audaciam, et rigor caeteris timorem incuteret contemnendi. Et poſt paucos dies, elaborantibus multis nobilio…ibus regni, et **offerentibusoſtendentibus ſe 30 ſuis paribus, cinctis gladiis, corpus pro corpore, et bona pro bonis, una in ſolidum, quoquo die Rex eum vocaverit, nec adeſſet, liberatus eſt, et per regem cunctis facultatibus ſuis reſtitutus: So this Hiſtorian, which compared with the Record infallibly proves, that this reſolution was given by the Earls, Barons, Lords, and Judges advice, who were the only aliorum de Concilio, as aſſiſtants to the Lords then in all matters of Law, as now they are, not the Commons, of which there is no mention in the records or this Hiſtorian, that they were p. 364parties to it. And this is likewiſe evident by the caſe of Margery, the Wife of Thomas Weyland, an abjured Judge, in the Parliament of 19 E. 1. Cooks 1. Inſtitutes. f. 133. n. Where the Barons of the Exchequer, and Juſtices of the Kings Courts, were called to adviſe and aſſiſt the King and his Council of Lords in Parliament, in a difficulty of Law, therein to be reſolved by their advice.

And therfore it follows, that the LORDS ONLY IN THAT AGE were the Judges even of Commoners caſes. Thirdly, Admit the Commons were included; yet it proves only a right of adviſing and delivering their opinions with the Lords, when required by the King, not of judging or pronouncing ſentence. Fourthly, Sir Edward Cook citing this preſident, to prove That both Houſes together have power of judicature; muſt grant, that even in 33 E. 1. there were two diſtinct Houſes of Parliament, who upon ſpecial occaſions, (as now at conferences, &c.) met and adviſed together; and therefore the diviſion of the Houſes was before Edward the third his reign, and very probable as antient as the ſummoning of Knights, Citizens, and Burgeſſes to the Parliament, which ſome make as antient as King Henry the firſt, or King Henry the 2. others not before King Henry the third, in the ††The firſt Writ of ſummons now extant is but in 49 H. 3. Seld. Titles of Honour, patt 2. c. 5.49 year his reign, Father to King Edward the firſt. So as this preſident makes quite againſt the Levellers and Lilburnians deſigns and opinions.

The (e)(e)Cook 4 Inſt. p. 21. Cottoni Poſthuma, p. 347.3 and 4. Preſidents are thoſe of Hugh Audley his Wife, Clauſ. 12 E. 2. m. 5. of Gaverſton and the two Spencers Exiles, 15 E. 2. forecited: wherein the Commons gave their aſſents to the attainders and exiles of Gaverſton, and the Spencers, and to the reverſal of them: But this I have already proved, to be only by way of Bills, not judicature, by the legiſlative, not judicial power of Parliament, and that they were judicially condemned only by the Lords, therefore theſe are nothing to the purpoſe, and againſt the Objectors.

The 5. and 6. are the depoſitions of King Ed. the 2. and Richard the 2. for their miſ-government, wherin the p. 365Commons had a joynt vote and concurrence with the Lords, which I ſhall hereafter anſwer in the ſupplement. p. 429. to 460.

The ſeventh Preſident is that of Eliz. Burgh▪ Widow,Sir Robert cottons Poſthuma p. 348, 349, in the Parliament of 1 E. 3. rot. Parl. n. 11. who complained by Petition to the King, that in the reign of King Edward the 2. ſhe was by his Writ commanded to come unto him to Yorke; and there by Hugh Spencer the younger, and Robert Baldock, and William Cliff his inſtruments, inforced by dureſſe to enter into an Obligation, to this effect: that if ſhe received any who were contrary to the King, or maried any man without the Kings conſent, or if ſhe gave any lands or tenements: which ſhe held in fee or in dower to any man living without the Kings licenſe, that for any of theſe ſhe ſhould forfeit all her Lands, Tenements, Goods, and Chattels to the King: as appeared by the tranſcript of the Bond annexed to her Bill; whereupon ſhe prayed Grace, and remedy againſt this dureſſe, and acquittance of our Lord the King from this Obligation. Hereupon a Writ was ſent to the Clerk of the Privy Seal, in whoſe cuſtody the Obligation was, to bring it without delay, Coram Concilio noſtro in Parliamento, ad faciendum inde ulteriut, quod per idem Concilium noſtrum contige it ordinari: which being brought and delivered accordingly the 5 of March, and deliberately read in full Parliament, and agreeing with the tranſcript annexed to her Petition in all things: Pur ceo que avys est as Archieveſques, Eveſques, Counts, & BARONS & auires Grandes, et a TOƲTELA COMMONALTIE de la terre, que lo dit eſcrit eſt fait contre ley de la terre, & enconter tout manere de reaſon, ſi fuiſt le dit eſcrit PER AGARD DEL PARLIAMENT dampne illeoques & livera ala dit Elizabeth.

I anſwer, 1. That this judgement was given only in a civil caſe touching an Obligation made by dureſs, not in a criminal. 2ly. That this Petition was directed only to the King and his Council, not to the Commons in Parliament, and the buſineſſe heard before them. 3ly. That this being a Common caſe, there being then many Petitions p. 366and complaints that Parliament of bonds of this nature, the Commons joyning with the King and Lords in this judgement of Parliament in her caſe, was only by way of Bill, not in an ordinary way of judgement; they exhibiting & paſſing a Bill for that purpoſe as well as a Petition, as is clear by the words of the Roll, and by the printed Statute of 1 E. 3. c. 3. That fines, ſales, and gifts of land, and recognizances of debt made by force and dureſs to this Sir Hugh Spencer, Robert Baldocke, &c. or to any of them, be defeated: And Parl. 2. ch. 15. Whereas many of the Realm, in the time of the Kings Father that now is, by means of his falſe and evil Counſellors have been excited by divers to bind themſelves to come to the K. with force and arms, whenſoever they ſhould be ſent for upon pain of life and limb, and to forfeit all that ever they might forfeit; by vertue of which writings divers of his land have been often deſtroyed; The King conſidering that ſuch writings were made to the Kings diſhonour, ſithence that every man is bound to doe to the King, as to his Liege Lord, all that pertaineth to him, without any manner of writing; will that from henceforth no ſuch writing be made. And that ſuch as be made by the ſight of the Chancellor and Treaſurer ſhall be ſhewed to the King, and the K. ſhall cauſe all ſuch as be made againſt right & reaſon to be cancelled: So that this main preſident meerly falls to the ground being but by Bill.

The 8th. Preſident that may be objected is this: Adam de (m)(m)Walſingham Hiſt. Angl. p. 98. to 106. Ypopig. An. 1326, 1327. Antiq. Eccleſ. Brit. p. 227, 228. Godwins Catalogue of Biſhops, p. 129, 130. Fox acts and Monuments, p. 342, p. 339, 340. and Speeds Hiſt. p. 679, 680.681, 685, 686. See my Antipathy of the Engliſh Lordly Prelates, &c. p. 54, 55, 56, 265, 266, 267.Arleton or Tarlton, Biſhop of Hereford, in a Parliament held at London, Anno 1322. was apprehended by the Kings Officers, and brought to the Bar to be arraigned for Treaſon and Rebellion, in aiding the Mortimers and others in their wars with men and arms; where having nothing to ſay for himſelf in defence of the crimes objected, and ſtanding mute for a ſpace; at laſt he flatly told the King, That he was a Minister and Member of the Church p. 367of Chriſt, and a conſecrated Biſhop, though unworthy; therefore I neither can, nor ought to anſwer to ſuch high matters without the conſent of my Lord Archbiſhop of Canterbury (my direct Judge next after the Pope) and of the other Fathers the Biſhops my PEERS. At which ſaying the Archbiſhops and Biſhops there preſent, roſe up, and interceded to the King for their Colleague; and when the King would not be intreated, they all challenged the Biſhop as a Member of the Church, exempt from the Kings Juſtice and all ſecular judicature. The King forced thereunto by their claimors, delivered him to the Archbiſhops cuſtody, to anſwer elſewhere for theſe crimes. Within few days after, being apprehended again, and brought to anſwer before the Kings royal Tribunal in the Kings Bench at Weſtminſter, for his Treaſons; the Archbiſhops of Canterbury, York and Dublin, hearing of Tarltons arraignment, came with their Croſier ſtaves carried before them, accompanied with 10 Biſhops more, and a great company of men, entred into the Court, and by open violence reſcued and took away the Biſhop from the Bar, before any anſwer made to his charge, chaſing away the Kings Officers, and proclaiming openly, That no man ſhould lay violent hands on this (Trayterly) Biſhop, upon pain of excommunication, and ſo departed. The King exceedingly incenſed at this High affront to Juſtice and himſelf, commanded an Inqueſt to be impanelled, and a lawfull inquiry to be made of the Treaſons committed by the Biſhop, in his abſence, being thus reſcued from Juſtice. The Jury, without fear of the King, or any hatred of the Biſhop, found the Biſhop guilty of all the Articles of Treaſon and Rebellion, whereof he was indicted. Whereupon the King baniſhed the Biſhop, & ſeiſed all his temporalties, lands and goods. But yet notwithſtanding the Biſhop; by conſent of all the Prelates, was by ſtrong hand kept in the Archbiſhops cuſtody, till he had reconciled him to the King. After which, by way of revenge he was a principal inſtrument of the Kings depoſing and murther; which having effected, in the Parliament of p. 3681 E. 3. 6. this **Clauſ. 1 E. 3. m. 13.Biſhop petitions that the Indictment and Iudgement againſt him, and the proceedings therein might be brought into Parliament and there nulled, as erronious, which was done accordingly: Et quia recitatis et examinatis coram nobis et conſilio noſ…ro recordo et proceſſu praedictis, Et etiam coram Praelatis, Comitibus, Baronibus, Magnatibus, & tota communitate regni noſtri, praeſenti Parliamento noſtro praeſentibus, compertum fuit, quod in eiſdem recordo et proceſſu errores manifeſti intervenerunt, per aſſenſum totius Parliamenti adnullatur: and ſo he had reſtitution.

I anſwer, that as this reſcue of, proceeding, and judgement againſt this trayterous Biſhop were ſingular, So is this repeal and reverſal of it as erronious, before and by all the Commons and whole Parliament, as well as King, Prelates, and Nobles, and that no doubt at the ſpecial inſtance of this, and all the other Biſhops, highly concerned in this cauſe. Wherefore this one Swallow makes no Summer, and proves no judicial authority joyntly with the King and Lords, ſince they never joyned with them before nor ſince in reverſing of any ſuch error upon Judgement in the Kings Bench; but only where an erronious Attainder by Bill in one Parliament was reverſed by Bill in another.

Cottoni Poſthuma, p. 349.The 9th. is the Clauſe of King Edward the thirds Letter to the Pope in the 4th. year of his reign, already anſwered, p. 274.

The Freeholders Grand Inqueſt p. 13, 14, 15.The 10th is Sir John at Lees caſe, 42 E. 3. n. 20. ſaid to be ADJƲDGED by the Lords and COMMONS. I anſwer, this Caſe is ſomewhat m…ſtaken; For the Record only mentions, That the 21 day of May, the King gave thanks to the Lords and Commons for their coming and aid granted; on which day all the Lords and ſundry of the Commons dined with the King. After which dinner Sir Iohn at Lee was brought before the King, LORDS & COMMONS next aforeſaid (who dined with the King) to anſwer certain objections made againſt him by William Latymer, p. 369about the wardſhip of Robert Latymer; that Sir John being of power, had ſent for him to London, where by dureſſe of Impriſonment he inforced the ſaid William to ſurrender his eſtate unto him; which done, ſome other Articles were objected againſt the ſaid Sir John, of which for that he could not ſufficiently purge himſelf, HE was committed to the Tower of London, there to remain til he had made fine and ranſom at the Kings pleaſure, and command given to the Conſtable of the Tower to keep him accordingly. And then the ſaid Lords and Commons departed: After which he was brought before the Kings Councel at Weſtminſter, which COUNCEL ORDERED the ſaid ward to be reſeiſed into the Kings hands: So as this record proves not that this judgment was given in the Parliament houſe, nor that the Lords and Commons adjudged Sir Iohn, but rather the King and his Councel in the preſence of the Lords and Commons, after the Parliament ended.

The 11, 12, 13. Are the caſes of the Lord Latymer, Lord Nevil, and Richard Lyons, forecited: Here, p. 283, 284, 350. which are nothing to purpoſe, the (n)(n)See the Freeholders Grand Inqueſt, p. 13, 14, 15.Lords alone giving judgement in them without the Commons, who did only impeach them; and the (o)(o)Cooks 4. Inſtit. p. 23. Cottoni Poſthuma, p. 249.King removing the Lord Latymer from his Council at their further requeſt: So that theſe 3. caſes refute their opinions who object them.

The 14. is the (p)(p)Cooks 3. Inſtit. p. 23. Sir Robert Cottons Poſthuma, p. 249.Caſe of Weston and Gomines, 1 R. 2. n. 38, 39. In which the Lords alone gave the Judgement, as I have proved, p. 332, 333: Therefore pointblank againſt the Objectors.

The 15. preſident is that of (q)(q)Cooks 3. Inſtit. c. 1. p. 8. Mr. Sr, Johns Argument ſat Law, at the Earl of Straffords Attainder, p. 75, 76. Walſingham, Hiſt. Angliae, p. 255. Ypodigm. p. 128. An Exact abridgement, p. 183.Iohn Kirby and Iohn Algar, two Citizens of London, in the Parliament of 3 R. 2. n. 18. who conceiving malice againſt John Imperial, (an Ambaſſador ſent hither from the State of Genoa, who had procured a Monopoly to furniſh▪ England with all ſuch wares as come from the Levant, keeping his ſtaple at Southampton,) killed him in London, upon a ſudden quarrel p. 370picked with him; for which they being committed, this being a new and difficult caſe, and the Judges being in doubt, whether it were Treaſon, or no? it was thereupon propounded in Parliament, (according to the Statute of 25 E. 3. c. 2.) like that of 25 E. 3. Parl. 2. of thoſe who are born beyond the Seas, 14 E. 3. c. 5. 13 E. 1. c. 24.32 E. 1. rot. 17. & 22. Clauſ. 46 H. 3. n. 3. Clauſ. 14 E. 2. dorſ. 17. 17 E. 3. n. 24.21 E. 3. n. 60.40 E. 3. n. 14, 15.14 E. 3. n. 30, 31.1 R. 2. n. 95.1 E. 3. f. 6, 7.39 E. 3.21. a. 40 E. 3.34. b. Cook 8 Rep. f. 158.3 Inſtit. p. 6, 7.4 Inſtit. p. 67, &c. 2 Inſtit. p. 408. Weſt. 2. c 24. and Bracton, l. 2. c. 16, l. 3. c. 9. Fletae l. 2. c. 6. reſolving that all difficult cauſes are to be declared to and determined in and by Parliaments. This caſe being examined and debated by and between the Lords and Commons, was afterwards there declared b…fore the King, and determined and agreed That this fact and murder is Treaſon, and a crime againſt the Kings Majeſty; in which caſe no privilege of Clergy ought to be allowed to any man. Whereupon 7 R. 2. rot. 8. Kirby and Algar were attainted of High Treaſon in the Kings Bench, and executed as Traitors. Walſingham writes this Parliament was held at Northampton, againſt the conſent of moſt of the Realm, but eſpecially againſt the will of the Londoners; that ſo revenge might be taken upon Kirkeby for this murder: they fearing, that if the Parliament were held at London, the Londoners would not ſuffer him to be executed, without ſome danger to thoſe who condemned him: whereupon he was condemned, drawn, and executed at Northampton.

To this I anſwer firſt: That Kirby and Algar were not impeached, arraigned, tried or condemned in Parliament for this Treaſon, but in the Kings Bench, for if they had, the Lords only had judged and given ſentence againſt rhem, as in all the premiſed caſes. 2ly, Their caſe being new, was thought fit to be propounded to the Commons by the Kings direction, as well as to the Lords, who upon debate agreed it to be Treaſon. 3ly, When it had been debated, it was declared and finally reſolved and agreed before p. 371the King in full Parliament, and that by Bill, and the Legiſlative, not Judicial power, as Mr. S…. John informs us. Therefore it makes nothing for the Commons right and power of Judicature; which after all theſe preſidents all the Commons in the Parliament of 1 H. 4. n. 79. confeſs to have been alwayes of right in the King and Lords, and not in them; which ſways away all the forecited preſidents at once, as impertinent, and miſapplied.

For the preſidents of 21 R. 2. n. 29. 2 H. 5. n. 13▪ & 28 H. 6, n. 19. miſrecited by Sir E. Cook, 4 Inſtit. p. 23. & 3 Inſt. p. 22. they are already anſwered p. 296, 297, 299, 344. And for thoſe of Sir Giles Mompeſſon, Sir Iohn Michel, Viſcount St. Alban, and the Earl of Middleſex: himſelf confeſſeth, (and I have here cleared, p. 303, 304.) that the notable Iudgements againſt them were given by the Lords, at the proſecution of the Commons, who were only their proſecutors, not Iudges. Theſe are all the Preſidents I finde, that are objected, to give the Commons a ſhare with the King and Lords in the Judicature in our Parliaments; which evince it not, but clearly diſprove it.

The 2. ſort of Preſidents inſiſted on by Sir Ed. Cook, are to prove, a Judicial Authority in the Houſe of Commons alone, without the Lords, in caſes of their own Members, and Servants, in matters of elections, breach of Privilege, or miſdemeanors in the Commons houſe; for which they have impriſoned and ſometimes fined Serjeants, Baylifs, Sherifs, committed their own Members, adjudged their elections void, ſuſpended, excluded, ejected them the houſe. The 1. eaſe is that of Muncton 2 Aprilis 1 Mariae committed by the Commons to the Tower for ſtriking William Iohnſon a Burgeſs. The 2. of Thomas Lucy 8 Eliz. removed out of the Houſe for giving 4 l. to the Mayor of Westbury to be choſen a Burgeſs, and the Maior fined and impriſoned. The 3, of Arthur Hall, 23. Eliz. who for diſcovering and publiſhing the Conferences of the Houſe, and writing a Book to the diſhonour of the houſe, was committed to priſon. Theſe matters were examined and adjudged in the Houſe of Commons, Secundum leg…m & p. 372Conſuetudinem Parliamenti, and he thereupon committed to the Tower for 6. Moneths, fined 500 marks, and expelled the Houſe. And in that Parliament 18 Martii, a fine was aſſeſ…ed by the Houſe on every Member that was abſent without leave. To theſe alleged by Sir Edw. Cooke, I ſhall ſuperadd the enſuing; Sir Robert Brandling was committed to the Tower 27 Eliz. for ſtriking Withe…ington a Burgeſs. 3 Jacobi one was fined for cauſing a Members Servant to be arreſted; though he claimed his privilege. 12 Jacobi Locke and More were ordered by the Commons to ride both on one horſe, with their faces to the horſes tail, for arreſting a Servant of Mr. Whitlocks, then a Member, againſt his privilege; which was accordingly executed. In 2 Caroli, Sir George Haſtings being elected knight for Leiceſterſhire, and he then being arreſted, his witneſſes had their charges given them againſt the Sherif, and he fined. In the Parliament of 3. Caroli, Sir Thomas Savils caſe, 29. April 1628. Thomſon Sherif, and Henloe Alderman of York for abuſes in the election, were ordered to be committed to the Serjeant of the Houſe, during the pleaſure of the Commons Houſe, to acknowledge their offences at the Barr on their knees, and pay all due fees, and to make a ſubmiſſion in York. In 3. Caroli, Mr. John Baber was ſuſpended the houſe about billetting Souldiers. In 3. Car. the Commons houſe committed Mr. Laughton and Mr. Trelawny to the Tower during pleaſure, and Sir William Wray, and Mr. Edward Trelawny to the Serjeant at Arms, and ordered them to make a ſubmiſſion, & acknowledgement of their offences in the Houſe at the Bar, and in the County at the Aſſiſes, they kneeling at the Barr all the while the Speaker pronounced the Judgement againſt them, for writing menacing Letters to Sir John Elliot, and Mr. Coriton, and to others of the County of Cornwall, diſturbing their election, and contemning the warrant of the Houſe when ſent for. In this Parliament of 17 Caroli now ſitting, the Commons houſe turned out ſundry Members, who were Projectors, and voted out many others for Delinquency, ordering New elections in their p. 373places, without the King or Lord.

I anſwer, 1. That all theſe objected preſidents are of very puny date within time of memory; therefore unable to create a Law or cuſtom of Parliament, or any right of ſole Judicature in the Commons Houſe. 2ly, They were all made by the Commons themſelves, unfit Judges in their own caſes, much leſs over one another, being all of equal Authority, and **See my Ardua Regni.ſo unable to ſeclude, impriſon or fine one another, no more than one Judge or Juſtice to fine, impriſon, or uncommiſſion another; ſince Par in parem non habet imperium. 3ly, They are all againſt Law, becauſe & coram non Judice, the Commons Houſe having no right or power of Judicature, much leſs of ſole Judicature in our Parliaments, but only the King and Lords, as I have formerly proved by reaſons and preſidents in all ages. 4ly, Theſe preſidents are but few, never judicially argued, and rather connived at, than approved by the King and Lords, taken up with other more publike buſineſſes; therefore paſſing ſub ſilentio, they can make no Law rule, or right, as is reſolved in Long. 5 E. 4. f. 110. Cooks 4. Reports, f. 93 94. Slades caſe, & 6 Report, f. 75. Druries caſe. 5ly, There are many expreſs antient Preſidents, Statutes, Judgements, in moſt former Parliaments to the contrary, ſundry of them upon the Commons own Petitions and complaints, which will over-ballance and controll theſe few late Preſidents warranted by no old Records or Statutes whatſoever, but contradicted by the conſtant practice of former ages; To clear which truth beyond contradiction, I ſhall ſhew you the very Original of the Commons ſummons to Parliament by the Kings writs, (out of meer grace, not antient right or cuſtom,) with the ſeveral varieties of Writs, Statures touching elections of Knights, Citizens, Burgeſſes, and chief caſes reſolved in Parliaments touching Elections & breaches of Privileges, relating to Members or their menial Servants, that I finde upon record, which will abundantly clear this point, and refute theſe irregular puny preſidents.

The original of our Parliaments, as now conſtituted, of p. 374King, Lords and Commons, is by (1)(1)Polydor Virgil, Holinſhed, Speed, Sir Walter Raleigh his Prerogative of Parl. p 2, 3. The Freeholders Grand …nqueſt, & others forecited, p. 165.ſeveral of our Hiſtorians, Antiquaries, and Writers, referred to the 16. or 17. year of King Henry the 1. or at leaſt to Henry the 2. his reign; which I have already refuted, by a particular liſt of all the Parliaments under them: Yet many of this opinion affirm, that the Commons were not conſtantly ſummoned to our Parliaments, but only the Lords Spiritual and Temporal, before the 49. of King Henry the 3. and beginning of Edward the 1. his reign, neither had they a Speaker, till 51 E. 3. Therefore no power of Judicature over their Members. The firſt Writ I finde extant, that ſavors of ſummoning Knights to Parliament, is that in the 15. year of King Iohn, wherein this King ſent a Writ to the Sherif of Oxon in theſe words.

(2)(2)Clauſ. 15 Joh. Reg. pars 2. m. …. dorſo. Seldens Titles of Honor, p. 710.Rex Vicecomiti Oxon ſalutem. Praecipimus tibi quod omnes Milites Ballivae tuae, qui ſummoniti fuerunt eſſe apud Oxoniam, ad Nos à die Omnium Sanctorum in 15. dies, venire facias cum armis ſuis, Corpora vero Baronum, ſine armis ſingulariter: et IV. DISCRETOS MILITES DE COMITATU TUO illuc venire facias ad Nos ad eundem terminum, AD LO QUENDUM NOBISCUN DE NEGOTIIS REGNI NOSTRI. Teſte meipſo apud Witten 11 die Novembris.

Eodem modo ſcribitur omnibus Vicecomitibus.

This is no Writ of Summons to Parliament, as ſome take it, but rather to a Military Council, as I conceive it. For 1. There is no mention of any Biſhops, Abbots, Priors, Spiritual Lords, Citizens or Burgeſſes ſummoned thereto▪ but only of Barons without arms; and Knights with arms. 2ly, Of all knights they had formerly ſummoned to appear there. 3ly, Of 4. not 2. diſcreet Knights out of every County; and that not ad Parliamentum noſtrum, but, ad Nos venire facias. 4ly, They were not to be elected by the people, but immediately ſummoned, elected and ſent by the Sherifs themſelves. 5ly, They were to come ad loquendum nobiſcum, not, ad faciendum & conſentiendum p. 375hiis, &c. as the uſual Writs of Summons for Knights of Shires are ſince; without any power of Judicature to fine, ſeclude, or queſtion one anothers elections or returns, as now.

The very firſt expreſs writ extant in History or Records that I can meet with upon ſearch, for the calling of Knights, Citizens and Burgeſſes to Parliament, is in (3)(3)Clauſ. 49 H. 3. m. 10. dorſo in ſchedula. Seldens Titles of Honor, p. 717, 718.723, 724.49 …3. where the King after the battel of Eveſham by his Writs ſummoned no leſs than 64 Abbots, 36 Priors, beſides the Biſhops, and 5. Deans of Cathedrals, and the Temporal Earls and Barons, only 23. in number, the reſt being ſlain in the field, or in actual rebellion. After their Writs of Summons and name, …ollows this Writ or Note of ſummons for Knights, Citizens, and Burgeſſes, and Barons of the Cinqueports. Item mandatum eſt ſingulis Vicecomitibus per Angliam, quod VENIRE (not, el…gi.) FACIANT duos Milites de Legalioribus, Probioribus, et diſcretioribus Militibus ſingulorum Comitatuum AD REGEM Londoniis, in Octabis praedictis, in forma ſupradicta. Item in forma praedicta ſcribitur CIVIBUS ▪ Eborum, Civ…bus Lincoln, & caeteris Burgis Angliae, quod mittant in forma praedict. DUOS DE DISCRETIORIBUS▪ LEGALIORIBƲS & PROBIORIBUS TAM CIVIBUS QUAM BURGENSIBUS SUIS. Item in forma praedicta mandatū est Baronibus et probis hominibus Quinque Portuum, prout continetur in brevi inrotulato inferius. Here the King 1. limited both the number and quality of the Knights, Citizens and Burgeſſes, when firſt ſummoned to our Parliaments: 2ly, He directed particular Writs to all Sherifs to ſummon (not to elect by the choice of the Freeholders) two of the legalleſt, honeſteſt▪ & diſcreeteſt Knights in their Counties, which they alone were then to make choice of▪ 3ly, He ſends particular Writs to ſome (not all) Cities, and the reſt of the Burroughs of England, to ſend two of their diſcreeteſt, legalleſt and honeſteſt Citizens; and ſo to the Cinqueports to ſend ſuch Barons to this Parliament, And if they returned any not thus qualified, againſt the form of theſe Writs, no doubt the King himſelf might refuſe, ſeclude p. 376them: and he with his Lords, were the ſole Judges of their fitneſs for that ſervice, not they themſelves to judge of their own or their fellow Members fitneſs or incapacity.

The firſt ſecluſion of any Knights, Citizens and Burgeſſes in Parliament, and electing others in their places, was by the King himſelf with his Councils advice, (not by the Commons themſelves) for wilfull abſence. Clauſ. 5 …. …. m. 26 dorſo: where divers Knights of Shires, Citizens and Burgeſſes departing from the Parliament held at London, without the Kings ſpecial licenſe, the King thereupon iſſued out Writs to the Sherifs of Yorkſhire and other Counties, to ſummon all ſuch Knights, Citizens and Burgeſſes within their Bayliwicks to return to the Parliament, vel alios ad hoc idoneos loco ipſorum, ſi ad hoc vacare non poſſunt, eligere, &c. or to cauſe others who were fit to be elected in their places, if they could not attend▪ the Parliament; with ſufficient authority from the Counties, Cities, and Boroughs, to conſent to thoſe things which ſhould be ordained at the next Seſſion of Parliament, then prorogued to a certain day. Here the King alone by his Writ takes authority to diſcharge thoſe Knights, Citizens and Burgeſſes, who departed from the Parliament without his licenſe, and would or could not attend it, without the Commons votes or aſſents; and to command the Sherif to elect other ſit perſons in their places.

Clauſ. 4 E. 3. m. 13 Dorſo. The King having iſſued out writs of Summons to Parliament, dated Octob. 23. The 3 of November following, he ſent writs to all Sherifs, to proclaim in all places, That he being informed of divers oppreſſions and injuries done to ſundry people of his Realm, by divers of his Officers and Miniſters, and likewiſe by ſome of his Counſellors, by reaſon of his tender age, to his damage and diſhonour, which things he would not ſuffer, and deſired to redreſſe; that thereupon any perſons which would complain of any oppreſſions, durances, and grievances done to them againſt right, and the Laws and Uſages of this Realm, ſhould p. 377repair to Weſtminſter the next Parliament, and there ſhew their plaints to him, and ſuch as he ſhould appoint, where they ſhould receive convenient & ſpeedy remedy. Then follows this Clauſe. And becauſe before theſe times, ſome of the Knights who have come to Parliament for the Commnalties of Counties, have been people of covyne, and maintainers of falſe quarrels, and have not ſuffered that good men ſhould declare the grievances of the Common people, nor their things, which ought to have been redreſſed in Parliament, to the great damage of us and our people: We command and charge you, that you cauſe to be choſen by the common aſſent of the County, two of the moſt loyal, (or lawfull) and moſt ſufficient Knights or **Eſquires, 22 E. 3.18. a. 26 E. 3.57. Fitz Droit 37.Sergeants of the ſaid County, who are not at all ſuſpected of any crime, nor common maintainers of Parties, to be at the ſaid Parliament, according to the form of our Writ which you have received, And this you may not fail to doe, as you will eſchew our grievous indignation. Here the King by a ſpecial Writ takes care to prevent the election of Knights of Shires that were any way guilty of crime or maintenance, as in former times had been uſed, and that the loyalleſ… and moſt ſufficient Knights or Eſquires in the County ſhould be elected by common conſent, becauſe when once duly choſen and returned by the Counties, as their lawfull Proxies and Attornies, and impowred by them as ſuch; neither the King nor Lords could juſtly ſeclude or eject them; much leſs the Commons Houſe (as they have ejected Projectors & other Members of late times) having no ſuch authority given them by their Writs or ret…rns, but only to aſſent to ſuch things, as by the Common advice of the King, Lords, and Commons ſhall be there agreed concerning the King, Church, and Realm; and being all of equal rank and power, as Attornie & Proctors for the Counties, Cities, and Burroughs, for which they ſerve, can no more diſcharge or eject one another, than one Attorny, Proctor, Grand Juryman, Juror, Juſtice of Peace, Judge, Commiſſioner, or Executor, p. 378diſcharge or remove another of his Colleagues, equally impowred, intruſted with them by the parties they repreſent.

To omit the ſummoning of ſundry Merchants to attend the Parliament and Council, to be adviſed and treated with upon ſundry occaſions, in the Clauſe Rolls of 11, 12, 13, 14. and 16 Edw. 3. Clauſ. 26 E. 3. m. 14. dorſ. there is a Parliamentary Council ſummoned, to wit, two Knights are by the Writ to be choſen and ſent out of every Counry, and but one Burgeſs out of every Burrough: Clauſ. 27 E. 3. m. 12. dorſo; Summonitio Concilii; the Writ commands only one Knight to be choſen, and ſent out of every County, but 2 Citizens and Burgeſſes out of every City and Burrough: And the Prologue of the printed Statute of the Staple made therein, 27 Ed. 3. recites, that there was in it only, of every County one Knight for all the County, according to the limitation in the Writ.

Clauſ. 45 E. 3. m. 29. The Parliament having granted a Subſidy to the King payable out of every pariſh, and then departing, the King for the better and ſpeedier levying thereof, deſired the advice of the Commons, yet would not put them to the trouble to meet all together; And therefore iſſued out Writs to ſummon one Knight out of every County, and one Citizen and Burgeſs out of every City & Borough, that had been of the former Parliament, to meet together at Wincheſter. Who meeting accordingly, had their expences allowed them. Dorſ. 22. Here the King ſummons only half the Commons Houſe, to compleat what the whole had granted; without the other moity, for their greater eaſe and ſaving expences.

In the Parliament of 46 E. 6. n. 13, 14. There was this Ordinance made and read; Becauſe that men of Law which purſue divers buſineſſes in the Court of the Kings for particular perſons, with whom they are of Counſel, procure and make divers Petitions to be preferred in Parliament, in the name of the Commons, which nothing concern them; but only thoſe ſingular perſons, or thoſe whom they cauſe to put p. 379them in: as alſo Sherifs, which are common Officers to the people, and ought to reſide upon their Office, to doe right to every man, are named, and have been before th…ſe hours retorned Knights of Shires in Parliaments by the ſame Sherifs. It is agreed and aſſented in this Parliament, that from henceforth no man of Law purſuing buſineſſes in the Courts of the King, nor Sherif, for the time that he is Sherif, ſhall be returned or accepted Knights of Shires; and that thoſe who are men of Law and Sherifs now returned to Parliament ſhall have no wages. But THE KING WILL that Knights and **Eſquires.SERJEANTS of the beſt esteem in the Country, ſhall be henceforth returned Knights in Parliament, and that they ſhall be choſen in full County. Sir Edward Cook inform us, That this Ordinance was made in the Lords houſe, 4 Inſtit. p. 10, 48.(to wit by the King and Lords without the Commons, as he inſinuates) If ſo, then the K. & Lords alone in that age, had the ſole power, 1. of diſabling, ſecluding unfitting Members, as practiſing Lawyers and Sherifs, to be elected knights of Shires for the future. 2ly. of depriving them of wages, though elected for that Parliament before the Ordinance made; but not of ejecting them out of the Houſe when duly elected, becauſe till now there was no Law or Ordinance againſt their choice. 3ly. Of rejecting and refuſing to accept ſuch for knights, if elected and returned after this Ordinance; as the words, no accepted chivalers des Countees, ſuperadded too ne …oient returnez imply. 4ly. By vertue of this Ordi…ance, all Sherifs of Counties have been not only diſabled, but prohibited to be elected knights, & Members of the Commons Houſe, by this ſpecial Clauſe inſerted into all writs for elections. Nolumus autem quod tu, vel aliquis alius Vicecomes ALIQUALITER SIT ELECTUS. Now the Writ being the ſole authority and ground for all elections, preſcribing the Freeholders to elect 2 of the moſt diſcreet, fit & ſufficient perſons, and preciſely inhibiting the election of any Sherifs in any ſort, either for Knights, Citizens, or Burgeſſes, by vertue of this Ordinance. The elections of ſuch are meerly void, and the King and Lords may juſtly ſeclude p. 380them, if e…ected and retorned whiles Sherifs. 5ly. As Sherifs have been ſecluded by this Clauſe and Ordinance ever ſince; ſo in the Parliament of 6 H. 4. All Apprentices, and other men at Law, were likewiſe ſecluded by this ſpecial Clauſe inſerted into the Writs of Summons. Nolumus autem quod tu, ſeu aliquis alius Ʋicecomes regni noſtri, aut Apprentius, aut aliquis alius homo ad Legem aliqualiter ſit electus, as appears by the Exem. … ca…ron thereof in the Clauſ. Roll of 5 H. 4. pars 2. m. 4, dorſo, in the Tower, (which I have viewed with mine own eyes) by ſundry tranſcripts thereof in Manuſcripts, and by this teſtimony of Thomas Walſingham, who lived,Hiſtoriae Ang. p. 414. & in writ the Hiſtory of that time. Direxit ergo Rex Brevia Vicecomit bus, ne quoſquam pro Comitatibus eligerent quoviſmodo milites, qui in jure Regni vel docti fuiſſent vel Apprenticii, ſed tales omnino mi…teren ur ad hoc n…gotium quo… conſtat ignorare cujuſque juris▪ methodum, factumque eſt ita. Whence he ſtiles it in his Margin▪ PARLIAMENTUM INDOCTORUM; No Lawyer being elected by reaſon of this Clauſe grounded on the forecited Ordinance. Sir Edward Cook, (who is not only full of miſtakes and miſ-recitals of Records, but moſt confident in them) citing this paſſage of Walſingham thus bodly contradicts him, But the Hiſtorian is deceived, for there is no ſuch Clauſe in theſe Writs, but it was wrought by the Kings Letters by pretext of an Ordinance in the Lords Houſe, in 46 E. 3. when as the Writ it ſelf in the Clauſe Roll, concurring which Walſingham, aſcertains me, that Sir Edward himſelf was deceived, not the Hiſtorian, by whom, or upon what miſ-information I know not. And that he was ſo in truth, we have his own expreſſe confeſſion and teſtimony againſt himſelf within few leaves after.4▪ Inſt. p. 48. At the Parliament holden at Coventry, Anno 6 H. 4. the Parliament was ſummoned BY WRIT, and by co… ler of the ſaid Ordinance of Parliament in the Lords Houſe, in 46 E. 3. it was forbidden, that no Lawyer ſhould be choſen, Knight, Citizen, or Burgeſs by reaſon whereof this Parliament was fruitleſs, and never a good Law made p. 381thereat, and therefore called Indoctum Parliamentum, or Lack-latin Parliament: And ſeeing theſe Writs were againſt Law▪ (ergo this Clauſe againſt Lawyers elections was in the Writs themſelves) Lawyers ever ſince, (for the great and good ſervice of the Commonwealth) have been eligible: And then contradicting himſelf again in the very next lines, he addes: And albeit the prohibiting clauſe had been inſerted in the Writ (implying it was not) yet b…i…g againſt Law, Lawyers were of right eligible, and might have been elected Knights Citizens or Burgeſſes in that Parliament of 6 H. 4. His reaſon is, becauſe Lawyers being eligible of Common right, cannot be diſabled by the ſaid Ordinance of Parliament in the Lords Houſe, being no Act, though Acts and Ordinances of Parl. are both the ſame in ſubſtance vigor, (as I have elſewhere proved at large againſt his New falſe Doctrine to the contrary.See my …renarches redivivus, and Table to an Exact Abridgment, Tit. Parliament & Ordinance▪ Wherefore this Ordinance is ſtill obligatory to practiſing Lawyers, whiles they practiſe, as well as to Sherifs, whiles they are Sherifs, unleſſe they give over their practice ſitting the Parl. to attend the ſervice of the Houſe, which their practice makes them to neglect.

Clauſe 8 E. 2. m. 31. The chief Juſtice, and other Officers of Ireland, and R. de Burgo Earl of Ʋlton, are ſent for by Writ to come to the Parliament of England, ad tractandu… cum Praelatis et Proceribus de regno noſtro praedicto, Clauſ. 50 E. 3. part. …. m. 23. Pro Hibernis de Hibernia venientibus ad Parliamentum Angilae, there is a Writ directed to the Juſtices and Chancellor of Ireland, Quod de Communitate Comitatuum & Burgorum terrae praedictae faciatis habere per Breve de magno ſigillo nostro hominibus ejuſdem terrae noſtrae praedictae regnum noſtrum▪ Angliae penes Concilium noſtrum, pro Communitate Comitatuum & Burgorum, ultimo venientibus; videlicet euilibet eorum de Communitate Comitatus, pro quo electus fui…, ſive Civitatis, ſive Burgi, rationabiles expenſas ſuas, &c. Teſte 25 Julii. The Parliament ended the 10th. of July. By which Writ it is apparent, That not only the great Officers, and ſome Nobles, but likewiſe knights and Burgeſſes were p. 392ſometimes ſummoned, and choſen in Ireland to come to this Parliament of England, and had Writs for wages allowed them. Theſe varieties of the Kings writs for electing Knights and Burgeſſes, ſummoning ſometimes 4. ſometimes 2. ſometimes but one Knight out of a County; moſt times 2 Citizens and Burgeſſes, ſometimes but one; limiting the qualifications of their perſons, and ſummoning not only Great Officers and Peers, but likewiſe, Knights, Citizens and Burgeſſes out of Ireland, and particular perſons by name amongſt the Commons, as in 32 Ed. 3. part 2. m. 32. dorſo, together with his making of new Burroughs by his Patents, and authorizing them to ſend Burgeſſes to Parliam. when they never ſent any before, there being now three times as many Burgeſſes of Parliament as there were in the reigns of King Edward the 1, 2, and 3. (as appears by the Writs in the Dorſe of the Clauſe Rolls, for their expences and wages) are clear proofs and evidences, that the King and his Council in the Lords Houſe, are the ſole Judges of the elections of the Knights, Citizens, Burgeſſes of the Commons Houſe; and that they themſelves have no power at all to ſeclude or eject any perſons duly elected, and ſent thither by the Kings Writs, though more or leſs than uſual, or from new erected Burroughs. And if any City or Burrough which ſends Members to the Commons Houſe by the kings Charter or uſage forfeit their Charters and Privileges, for which the king ſeiſeth them into his hands, as in 49 H. 3. he ſeiſed Londons and others Liberties, and Cambridges ſince; he may deny to ſend them Writs to elect Citizens or Burgeſſes, till their Franchiſes be reſtored, and their Charters renewed, and deny to grant them this liberty of Election any more if he pleaſe, proceeding from his meer grace and grant to them at firſt, and ſo to be reſtored out of Grace, not Juſtice, when forfeited by their default.

The Statute of 5 R. 2. Parl. 2. c. 4. The King willeth and commandeth, & it is aſſented to by the Prelates, Lords and Commons, That all perſons which ſhall from henceforth p. 393receive the Summons of Parliament, be he Archbiſhop, Biſhop, Abbot, Peer, Duke, Earl, Baron, Baronet, knight of the Shire, Citizen of the City, Burgeſs of the Burgh, or other ſingular perſon or Commonalty, and come not at the ſaid Summons (except he may reaſonably and honeſtly excuſe himſelf to our Soveraign Lord the King) he ſhall be amerced▪ and otherwiſe puniſhed, as of old times hath been uſed to be done within this Realm. Here the Excuſe is to be made by the Knights, Citizens, Burgeſſes and Commons, as well as Lords Spiritual and Temporal, to THE KING, not Commons Houſe; and if they cannot excuſe themſelves unto him, then they are to be amerced, as of old time have been uſed: And that was never by the Commons Houſe, but rather by the King, with the Lords aſſent in Parliament,Cooks 4 Inſt. p. 38, 39, 40, 41, 15, 16, 17, 18, 19, 20. or by Indictment in the Kings Bench, as Sir Edward Cook himſelf confeſſes, and proves by the Caſes of Segrave, St. Amand, and others, Placitae In Parliamento Dom. Regis, 33 E. 1. The Biſhop of Winchesters Caſe, Paſ. 3 E. 3. coram Rege, Rot. 9. attached for a contempt in departing from the Parliament, during its ſitting, without the Kings licenſe, and contrary to the Kings inhibition, in contempt of the King: who pleaded, that this contempt ought to be corrected and amended in Parliament by the Peers, and not elſe where in any inferiour Court. 3 E. 3.19. Fitz Corone 161. Stanford, f. 153▪ 3 and 4 Phil. and Mar. B. R. rot. 39. & is moſt clear by 31 H. 6. n. 45, 46. where ſpecial fines are taxed on abſent Lords, by the Lords aſſent. Therefore the Commons Houſe cannot fine or tax their Members, as now they doe, ſince they never did it before this act, and therefore are prohibited by it; which reſtrains them to ancient uſage before it.

In 7 R. 2. The Lord Thomas Camoyes, a Peer of the Realm, being elected Knight of the Shire for Surrey by the Freeholders of the County, the King himſelf diſcharged him by ſpecial Writ, and commanded the Sherif to cauſe another fit perſon to be elected in his place, as I formerly proved, p. 139, 145.

p. 384I read in Hiſt. Angliae, p. 359.Thomas of Walſingham, that King Richard the 3. in the 11 year of his reign, intending to call a Parliament, ſummoned all the Sherifs of England to Nottingham Caſtle, inquiring of them, What power they could raiſe for him in every County againſt the Barons? and charging them, ut ipſi nullum Militem d… Pago vel Schira permitterent eligi, niſi quem Rex et ejus Concilium elegiſſent, (who it ſeems gave them a liſt of the Names of thoſe perſons they ſhould elect and return, as the Major Generals have newly done:) Whereunto the Sherifs anſwered: That all the Commons favoured the Lords, neither was it in their power to raiſe any Army or Forces in this cauſe. De Militibus eligendis dixerunt, Communes velle tenere conſuetudines uſitatas, quae volunt, quod à Communibus Milites eligantur. Whereupon they were diſmiſſed. Upon this the King ſoon after iſſuing out Writs to the Sherifs to elect Knights and Burgeſſes for the Parliament, inſerted this unuſual Clauſe into them: that they ſhould chuſe ſuch Knights, as were moſt fit and diſcreet, and in the modern debates (between the king and Lords most indifferent: as the Writs themſelves atteſt.

(1)(1)Clauſ. 11. R. 2. m. 24. dorſo.Rex Vic. Kanc. ſalutem: quia de aviſamento Conſilii noſtri pro quibuſdum arduis & urgentibus negotiis nos, ſtatum et defenſionem Regni noſtri Angliae, ac Eccleſiae Anglicanae contingentibus, quoddam Parliamen…um noſtrum apud Weſtm. in crastino purificationis beatae Ma…iae prox. futur. teneri Ordinavimus, et ibidem vobiſcum, ac cum Praelatis, Magnatibus, & Proceribus Regni noſtri Angliae, colloquium habere & tractatum; tibi praecipimus firmiter injungentes quod de Comitatu tuo duos Milites gladiis cinctos, magis idoneos et diſcretos, Com. praed. et in debatis modernis magis indifferentes, &c. T. R. apud Wyndeſore, xvii. die Dec.

Per ipſum Regem.

But the King being ſoon after informed by his Council, that theſe Writs were contrary to the antient form of elections, and contrary to the Liberty of the Lords and Commons hitherto obtained; ſent out new writs to all p. 389Sherifs of England to revoke and repeal this Innovating Clauſe, before the Elections made.

Rex Vic. Kanc … licet nuper per breve noſtrum inter caetera tibi praec…pimus firmiter injungentes,(2)(2)Clauſ. 11 R. 2. m. 23. dorſo. quod de Comitatu tuo duos Milites, gladiis cinctos, magis idoneos et diſcret…s Com. prad. et … debatis …dernis magis indifferentes eligi, … Parliamentum noſtrum quod apud Weſtm. in Criſt … purifiecationis b…atae Mariae, pro…. futur. ten…re Ordi…avimu…: ad e…ſdem idem & … ve…ire facere…. Nos tamen attendent…s, dictam clauſulam, in debatis modernis magis indifferentes, contra formam electionis antiquitus uſitatae, ac contra libertatem Dominorum et Communitatis Regni noſtri Angliae hactenus obtentam exiſtere: Volen…eſque proinde praedictos Milites libere eligi, modo et forma prout antiquitus fieri conſuerit; Tibi praecimus firmiter in…ungentes, quod de Com. tuo praedicto duos milites gladiis cinctos magis idoneos & diſcretos Com. praedicti, prout hactenus fieri conſuevit eligi, & eos ad pradictos diem & locum venire fac. dicta clauſula non obſtante: caeteraque omnia et ſingula in dicto brevi noſtre contenta fac. & exequaris juxta tenorem ejuſdem, dictam clauſulam penitus omittens. Et habeas ibi hoc breve et aliud breve. T. R. apud Weſtm. primo die Jan.

Per ipſum Regem et Conſillum.

Conſimilia brevia diriguntur ſingulis Vicocomitibus per Angl. Ac cariſſimo Aqun…ulo R. Johanni Regi Caſtell. et-Legionis, Duci Lancaſtr. vel ejus Cancellar, in eodem Ducatu ſub eadem da…a.

A clear evidence, that neither the Sherifs nor Commons houſe had any power to repell this new Clauſe, but the King himſelf, which here he did by his Council… Apples, before any complain againſt it in Parliament.

In the (3)(3)An Exact abridgement, p. 346, 347.Parliament of 16 R. 2. n. 6. &c. The Wedneſday after the Parliament began, Sir Philip Courtney, returned by the Sherif of Devon for one of the Knights for that County, came before the King in full Parliament, and p. 386ſaid, that he underſtood, how certain people had accuſed and ſlandered him to the King and Lords, as well by Bill as by mouth, of heinous matters; and therefore prayed to be diſcharged of the ſaid imployment, until the ſaid accuſations and complaints were tried, and found true, or not true: and becauſe his ſaid prayer ſeemed honeſt to the King and the Lords, the King granted him his requeſt ▪ and diſcharged him in full Parliament: and the Monday following, at the inſtance and prayer of the Commons, the King granted, that he ſhould be reſtored and remitted to his place, according to the return of the ſaid Sherif, for to counſel and doe that which belonged unto his office; and af…er, becauſe he had been good and treatable with thoſe who had complained upon him, and condeſcended to a good treaty, he was reſtored in full Parliament to his good fame. The charge againſt him is expreſſed in the ſame Parliament roll, n. 13, 14. where two Petitions are preferred againſt him to THE KING and LORDS IN PARLIAMENT, for putting Thomas Pontyngdon forciblyout of poſſeſſion of the Ma…or of Bygeloge without juſt cauſe, and Richard Someſtre out of other lands, & detaining them from them, he being ſo powerfull in the County, that no poor man durſt to ſue him. Which Petitions were referred by conſent in Parliament to certain Arbitrators to determine. In the **An Exact abridgement, p. 417.Parliament of 4 H. 4. n. 19, 20, 21. upon theſe and other Petitions, of forcible diſſeiſins, and for impriſoning the Abbot of Meniham in Devonſhire, THE KING & LORDS adjudged, that this Sir Philip Courtney ſhould be bound to his good behaviour, and committed to the Tower for his contempt.

From which records it is evident: Firſt, that Members of the Commons houſe may be complained and petitioned againſt for miſdemeanors, and put to anſwer▪ before the King and Lords in Parliament, and there fined and judged (not before the Commons houſe) and that this was the antient way of proceeding. Secondly, that the See my Ardua Regni.Commons cannot ſuſpend or diſcharge any of their fellow-Commoners or Knights from ſitting in Parliament, but p. 387only the King and Lords in full Parliament, in whom the power of Judicature reſts: much leſs then can they expell or eject any of their Members▪ by their own authority without the King and Lords concurrent conſents. No more than one Juſtice of peace. Committee-man, or Militia-man, can un-Juſtice or …move another; ſince Par in parem non habet Imperium, neither in civil, military, eccleſiaſtical nor domeſtical affai…. Thirdly, that the power of reſtoring, readmitting a…ended Member of the Commons houſe, belongs not to the Commons themſelves, but to the King and Lords, to whom the Commons in this caſe addreſſed themſelves by petition for Courtneys readmiſſion, after his ſubmiſſion of the complaints againſt him to the arbitrement of thoſe Members to whom the King and Lords referred the ſame.

In the (4)(4)Exact abridgement, p. 354·Parliament of 17 Rich. 2. num. 23. It was accorded and reſolved by the King and Lords, at the Complaint, petition, requeſt of the Commons, that Roger Swinerton who was endited of the death of one of their companions, Iohn de Ipſtones, Knight of the ſaid Parliament for the County of Stafford, ſlain in coming towards the ſaid Parliament by the ſaid Roger, ſhould not be delivered out of priſon, wherein he was detained for this cauſe, by bail, mainpriſe, or any other manner, until he had made anſwer thereunto, and ſhould be delivered by the Law: The Commons alone by their own power having no authority to make ſuch an order, even for the murther of one of their own Members, without the King and Lords, who made this ordinance at their requeſt.

I find this objected againſt King Richard the 2.See here, p. 438. in the Parliament of 1 H. 4. n. 37. That he frequently ſent his Mandates to Sherifs, to return certain perſons named only by himſelf, and not freely choſen by the people, to be knights of Shires, thereby to effect his own ends, and oppreſs the people with Subſidies, But yet I find not in all his reign any one Knight thus unduly returned, queſtioned by the Commons, or ſuſpended the Houſe, much leſs ejected by them, or by the King and Lords upon the Commons complaint p. 392thereof unto them. A clear evidence they had then no ſuch power to eject their Members for being unduly elected, returned, as how they uſe.

In the Parliament of 20 R. 2. n. 14, 15, 16, 17. The King being highly (5)(5)An Exact abridgement, p. 361, 362.offended with the Commons for receiving Haxyes Bill, ſaid, that the Commons thereby had committed an offence against him, his dignity and liberty, the which he willed THE LORDS to declare the next day to the Commons: Who thereupon delivering up the Bill, came fort with before the King, ſhewing themſelves very ſorrowfull, declaring to him, that they meant no harm, and ſubmitting themſelves to the King herein, moſt humbly craved his pardon. Whereupon the Chancellor by the Kings commandment declared, That the King held them excuſed, and the King by mouth declared, how many wayes they were bound unto him. Lo here the whole Houſe of Commons ſubmit themſelves to the King in the Houſe of Lords, as Judges of them and their miſdemeanors in Parliament, and crave pardon for offending him. In the (6)(6)An Exact abridgement, p. 408.Parliament of 2 H. 4. n. 45, 46. The Commons houſe petitioning the King, that the Act for his moderation of the Statute againſt Proviſions might be examined, for as much as the time was recorded otherwiſe than was agreed by them. The King granted thereunto by proteſtation, that the ſame ſhould be no example, where after Examination by the Biſhops and Lords, they affirmed the ſame to be duly entred; which the King alſo remembred. Whereupon the COMMONS the ſame day (for this their miſinformation) came into the Lords Houſe, and knéeling before the King▪ beſeeched the King to pardon them, if happily they through ignorance had or ſhould offend him: which the King granted. Here the Biſhops and Lords are Judges of the Commons miſinformation & miſentry of an Act, and the King of their Offence againſt him in Parliament by this miſinformation; which he pardons them upon their humble ſubmiſſion, and no doubt might have puniſhed them for it, by the Lords aſſent and advice, had he pleaſed. So farr are they from being Judges in Parliament, that themſelves may there be judged, if they therein offend, as all their Speakers uſual proteſtations and petitions to the King when preſented, evidence. (h)(h)See Cook, 4 Inſtit. p. 8. The Freeholders grand Inqueſt, p. 56, 58.That the Commons may have liberty of ſpeech, and that if any. Members in the Houſe of Commons, in communication and reaſoning ſhould speak more largely than of duty they ought to doe, that all ſuch offences may be pardoned: which the King may puniſh if there be cauſe, un…e… he pardon it of record, upon the Speakers Proteſtation before hand.

Sir (i)(i)4 Inſt. p. 8.Edward Cook himſelf (as well as the Parliament Rolls, and experience) informs us of theſe particulars touching the Speakers of the Commons Houſe in Parliament, their chiefeſt Member. 1.(k)(k)See my Table of Speakers to an Exact abridgement & Title, Parliment and Commons. That though the Commons are to chuſe their own Speaker (and that by the kings ſpecial command and licenſe to them in every Parliament ſince they had one, not with due …, who likewiſe preſcribes them the time when to preſent him) yet the uſe is, (as in the Conge de eſl…yer of a Biſhop) that the king doth name a diſcreet and learned man to them, whom the Commons do e…ect (pro form… only) becauſe he cannot be appointed for them without their election, being their mouth, and …uſted by them. 2ly. That after the Commons choice the King may refuſe him. 3ly. That after he is choſen, he muſt be preſented to the king by the Commons in the Lord… Houſe for his approbation and confirmation in that pla…s, the Commons ſending up ſome of their Members to acquaint the Lords Spiritual and Temporal,**Rot. Parl. 23 and 25 H. 6. n. 9, 10. that according to the Kings command they had choſen ſuch a one their Speaker, and are ready to preſent him at the …me appointed▪ 4ly. That where he is thus preſented, he is in diſable himſelf for ſo weighty a ſervice, and to make ſut… to the King to be diſcharged, and a more ſufficient man choſen in his place: To which I ſhall adde, that upon this excuſe the king may diſcharge him if he pleaſe, and command the Commons to elect another; as King (m)(m)Exact Collection, p. 640.Henry the …. did diſcharge Sir John Popham when preſented Speaker to him by the Commons, in the Parliament of 26 H. 6. n. …. upon his excuſe; Whereupon William Treſham was elected in his place, preſented p. 390to, and approved by the King, n. 7. 5ly. That when he is elected and approved, yet in caſe of ſickneſs, and infirmity he may be removed, and another choſen and preſented in his place, (and that upon the Commons special Petition to the king in his behalf, out of his meer Grace to diſcharge him, and accept of another) Thus in the (n)(n)Exact collect. p. 390, 534, 535, 618, 619, 620.Parliament of 1 H. 4. n. 62, 63, 64. Sir John Cheyney Knight, after his election and approbation was diſcharged, and Sir John Dorew Knight elected, preſented, and admitmitted by the Kings licenſe, to be Speaker in his room. So in the Parliament of 1 H. 5. n. n. 7, 9, 10.11. Will. Sturton Eſquire, after he was choſen and allowed Speaker, was removed for grievous ſickneſs, and John Doreward choſen in his place. At the Parliament holden 15 H. 6. n. 10, 27. Sir John Tirril knight was choſen and allowed, yet removed for grievous ſickneſs, and William Beerell choſen in his place, and that by the Kings ſpecial licenſe and approbation, to whom all thoſe new Speakers were again preſented by the Commons, for his royal aſſent thereto. 6ly. That if he be altered by his Majeſty (by (o)(o)See 23 & 25 H. 6. n. 9, 10.aſſent of the Council & Lords, as the entry is in the Parliament Rolls) then he maketh a proteſtation, or Petition to the king (which conſiſteth of three parts.) 1. That the Commons in this Parliament may have freedom of ſpeech, as of right and cuſtom they have uſed, and all their antient (p)(p)See Dyer f. 60. a.and juſt Privileges and Liberties allowed them (which the King uſually granted with this caution) That he hoped, or, doubted not (q)(q)Rot. Parl. H. 4. n. 10. An Exact Abridgement, p. 471. See the Freeholders Grand Inqueſt p. 56, 58.That the Members would not speak any unfitting words, or abuſe this freedom and privilege; for abuſe whereof ſome have been committed Priſoners to the Tower by our Kings and Queens command. 2ly: That if he ſhall commit any Error in any thing he ſhall deliver in the name of the Commons, no fault may be imputed to the Commons, and that he may reſort again to them for declaration of his good intent, and that his Error may be pardoned. 3ly. That as often as neceſſity for his Majeſties ſervice, and the good of the Commonwealth ſhall require, he may by direction of the Houſe p. 391of Commons have acceſs to his Majeſty. If then the King hath the ſole power and juriſdiction thus to nominate, approve, confirm, diſallow, refuſe, diſcharge and remove the very Speakers of the Commons Houſe themſelves, and not the Commons, but by and with his ſpecial licenſe, grace, and royal aſſent: yea, to grant them freedom of ſpeech, and their uſual Privileges and liberties every Parliament upon their Petition, and to pardon theirs and their Speakers Errors, and that ſitting in the Lords Houſe with their aſſents, then doubtleſſe the king and Lords alone, are the ſole Judges of the Speakers, and all other Members of the Commons Houſe, and have the ſole power to judge of their undue elections, retorns, miſdemeanors, breaches of Privileges, and all other matters concerning their Memberſhip, not the Commons; And if they can neither conſtitute, elect nor remove their own Speaker for ſickneſs, or any other cauſe, without the kings privity and conſent declared in the Houſe of Lords; much leſſe can they ſuſpend, ſeclude, or eject any Member out of the Houſe, when choſen and returned by the Freeholders, Citizens, or Burgeſſes, as their Attorny or Truſtee in equal power with themſelves, without the Kings or Lords conſents, for any pretext of unfitneſs or undue election. And if the king (as Sir Edward Cook grants, and theſe preſidents prove) may diſcharge the Speaker from his Office for grievous ſickneſs and inability to diſcharge it; I mak no queſtion but he may likewiſe, upon the like Petition of the Commons or Speaker, diſcharge him of his attendance in the Houſe, or any other Member for the ſelf ſame reaſon, and grant a Writ to elect another able and fitting perſon in his place, according to the opinion of 38 H. 8. Brooks Parliament, 7. and Crompton in his Juriſdiction of Courts, f. 16. approved by the whole Houſe of Commons, and accordingly practiſed in 38 H. 8. againſt (r)(r)4 Inſt. p. 8.Sir Edward Cooks bare opinion (without reaſon) to the contrary.

In the Parliament holden at Weſtminster 5 H. 4. rot. Parl. n. 38. (ſ)(ſ)Exact Abridgement, p. 429.Thomas Thorp his Caſe, Item▪ becauſe that the p. 388Writ of Summons of Parliament returned by the Sherif of Roteland was not ſufficiently nor duly returned as the Commons conceived▪ the ſaid Commons prayed our Lord the King, and the Lords in Parliament, that this matter might be duly examined in Parliament, and that in caſe ther… ſhall be default found in this matter, that ſuch a puniſhment might be inflicted, which might become exemplary to others to offend again in the like manner: Whereupon … ſaid Lord the King, in full Parliament, commanded the Lords in Parliament to examine the ſaid matter, and to do therein as to them ſhould ſeem beſt in their diſcretions. And thereupon the ſaid Lords cauſed to come before them in Parliament, as well the ſaid Sherifs, at William Oneby, who was returned by the ſaid Sherif for one of the Knights of the ſaid County, and Thomas Thorp, who was elected in full Countie to be one of the Knights of the ſaid Shire, for the ſaid Parliament, and not returned by the ſaid Sherif. And the ſaid parties being duly examined, and their reaſons well conſidered, in the ſaid Parliament, it was agreed by the ſaid Lords, that becauſe the ſaid Sherif had not made a ſufficien… return of the ſaid Writ, that he ſhall amend the ſaid return, and that he ſhall return the ſaid Thomas for one of the ſaid Knights, as he was elected in the ſaid County for the Parliament: and moreover that the ſaid Sherif for this default ſhall be diſcharged of his Office, any committed Priſoner to the Flee…, and that he ſhould make ſins and ranſome at the Kings pleaſures. …o… here the Lords in Parliament, at the Commons requeſt, and by the Kings command, examine and give judgement in caſe of an undue election, and retorn, even without the Commons.

In this ſame Parliament Richard Cheddar Eſquire, a menial ſervant and attendant on Sir Thomas Brook, choſen one of the Knights to ſerve in Parliament for the County of Somerſet, was horribly beaten, wounded, blemiſhed and maimed by one John Savage: Whereupon the Commons complained thereof to the King and Lords, petitioning them for redreſs both in his particular caſe for the preſent, and all others of that nature for the future, p. 393(u)(u)Exact abridgement, p. 433.that they might make fine at the Kings … and render double damages to the party maimed, whether Members of theirs Servants. Whereupon, it was ordained and establiſhed by the King and Lords; that for as … deed was done within the time of the ſaid Parliament, that Proclamation be made where it was done, that the ſaid John appear, and yield himſelf in the Kings Bench, within a quarter of a year after the Proclamation 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 p. 364or 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, p. 395nor 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 p. 396(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 (1)(1)An Exact abridgment, p. …96.8 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 or juriſdiction to enlarge him, or to fine or impriſon thoſe who took him in Execution, as of late times they have done. And in this Parliament, upon the petition and ſupplication of the Prelates and Clergy, n. 32. the King, by the aſſent and advice of the Lords, enacted the Statute of 8 H. 6. c. 1. That the Clergy and their Attendants called to the Convocation by the Kings writ, ſhould have and enjoy for ever hereafter the ſame liberty and immunity in going, coming and tarrying, as the Great men and Commonalty of England called, or to be called to the Kings Parliaments have uſed and enjoyed; they complaining to the king, that they and their ſervants coming to the Convocation, were oftentimes, and commonly arreſted, moleſted and inquieted. Which they had no power to redreſs, but only the King and Lords, upon their complaints thereof.

In the Parliament of (2)(2)An Exact abridgment, p 620.18 H. 6. n. 13. It was ſhewed to the King and the Lords Spiritual & Temporal, that Gilbert Hore, Sherif of the County of Cambridge, upon the kings writ directed to him to chuſe 2. knights for that ſhire, & had made no return of any knights for that County, for certain reaſons therein expreſſed. Whereupon the King by advice and aſſent of the Lords Spiritual and p. 397Temporal, (not the Commons houſe alone, as now, nor yet joyntly with them) ordered, that a New writ for electing 2. knights for that County ſhould be directed to him; and that he ſhould make proclamation, that no perſon ſhould come to the election with arms, or arrayed in warlike manner in disturbance of the ſaid election, and breach of the kings peace. A memorable preſident of the Kings and Lords Juriſdiction, even in point of elections.

In the (3)(3)An Exact abridgment, p. 632.Parliament of 23 H. 6. n. 41. The Commons petitioned the king, that by the advice and aſſent of the Lords Spiritual and Temporal, and at their special request, it might be enacted; that every Member of the Lords and Commons houſe, who ſhould have any aſſault or affray made upon him, being at the Parliament, or going to or coming from thence might have the like remedy, at Sir Thomas Parr knight had given him in this Parliament: (to wit, upon petition of the Commons in his behalf to the King and Lords, being the ſame as was enacted in Chedders caſe, & 11 H. 6. c. 11. before.) Whereunto the king anſwered, The Statutes therefore made ſhall be obſerved.

In the (4)(4)Cook 4 Inſtit. p. 47. toucheth it: …ut cites nor the Record at large. An Exact abridgement, p. 651.Parliament of 31 H. 6. rot. parl. n. 25, 26, 27, 28. we have this memorable famous caſe touching privilege of Parliament, in their very Speakers own caſe, reſolved by the Lords. Thomas Thorp chief Baron, was choſen Speaker of the Parliament, after his election, and before the Parliament (which was prorogued) ſat, he was arreſted and taken in execution at the ſute of the Duke of York: whereupon ſome of the Commons were ſent up by the Houſe to the king, and Lords ſpiritual and temporal ſitting in Parliament, deſiring that they might enjoy all their ancient and accuſtomed privileges, in being free from arreſts, and propounded the caſe of Thomas Thorp their Speaker to them, deſiring his inlargement; whereupon the ſaid Lords ſpiritual aad temporal, not intending to hurt or impeach the privilege of the Commons, but equally after the courſe of Law to adminiſter Justice, and to have knowledge what the Law will weigh in that behalf, declared to the Juſtices, the premiſes; and asked of them, whether the ſaid Thomas p. 398ought to be delivered from priſon by force and vertue of the ſaid privilege of Parliament or not? To the which queſtion the chief Juſtices, in the name of all the Juſtices aforeſaid, communication and mature deliberation had among them, anſwered and ſaid; That they ought not to anſwer that queſtion, for it hath not been uſed aforetime, that the Juſtices ſhould in any wiſe determine the privilege of this high Court of Parliament; for it is ſo high and mighty in his nature, that it may make that Law which is not, and that that is Law, it may make no Law, and the determination and knowledge of their privilege belongeth to the Lords of the Parliament, and not to the Juſtices: But as for declaration of proceedings in the lower Courts in ſuch caſes, as writs of Superſedoas of Privilege of Parliament be brought and delivered, the ſaid chief Juſtice ſaid, that there be many and divers Superſedeas of privileges of Parliament brought into the Courts; but there is no general Superſedeas brought to furceaſe all Proceſſes, for if there ſhould be, it ſhould ſeem that this high Court of Parliament, that miniſtreth all Juſtice and equity, ſhould let the proceſs of the common Laws, and ſo it ſhould put the party plainant without remedy, for ſo much as ††Upon this ground 1 R. 2. n. 20.87.114. 2 R. 2. n. 8.49. 5 R. 2. n. 44. 13 R. 2. n. 10.30.33. 15 R. 2. n. 9.17 R. 2. n. 10. We find the Commons & Parliament very zealous to maintain the Common Law; and referring cauſes & petitions to it when proper for it, and improper for the Parliament.actions at Common Law be not determined in this high Court of Parliament. And if any perſon that is a Member of this high Court of Parliament, be arreſted in ſuch caſes as be not for Treaſon or Felony, or ſurety of the Peace, or for condemnation before the Parliament, it is uſed, that all ſuch perſons ſhould be releaſed of all ſuch arreſts, and make an Attorney, ſo that they may have the freedom and Liberty freely to attend upon the Parliament. After which anſwer and Declaration it was throughly agréed, aſſented and concluded by the Lords Spiritual and Temporal, that the ſaid Thomas, according to the Law▪ ſhould remain still in priſon for the cauſes aboveſaid, the privilege of the Parliament, or that the ſame Sir Thomas was Speaker of the Parliament, notwithſtanding. And that the premiſes ſhould be opened and declared to them that were comen for the Commons of this land, and they ſhould be charged and commanded in the kings name that they with all goodly haſt and speed proceed to the election p. 399of another Speaker. The which premi…es, for as much as they were matters of Law, by the commandement of the Lords, were opened and declared to the Commons by the mouth of Walter Moyle, one of the kings Sergeants at Law, in the preſence of the Biſhop of Ely, accompanyed with other Lords in notable number: and there it was commanded and charged to the ſaid Commons by the ſaid Biſhop of Ely, in the kings name, that they ſhould proceed to the election of another Speaker with all goodly haſt and speed, ſo that the matters for which the king called this his Parliament might be proceeded in: and this Parliament take good and effectual concluſion and end. Whereupon the Commons accordingly elected Thomas Charlton knight, for their Speaker the next day, and acquainted the Lords therewith, and deſired the kings approbation of their choice, which was accorded unto by the king, by aſſent of the Lords. Lo here 1. the Lords Spiritual and Temporal, are the ſole Judges of the privilege of the very Speaker of the Houſe of Commons, who is here adjudged to remain in execution, notwithſtanding their petition for his enlargement. 2ly, The whole Houſe of Commons could not then ſend for, nor yet enlarge their own Speaker when impriſoned, 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, p. 400to gain their Lands, (5)(5)Exact abridgement, p. 664.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 ††Exact abridgement, p. 665.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 Ʋilagatum; 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.

(6)(6)Exact abridgement, p. 701.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 **An Exact abridgement, p. 704.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 p. 401by 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 Stann…ries, and his miſinformation, that the ſaid Richard Str…de at the laſt Parliament held…n at Weſtminſter, would have avoided, and utterly deſtroyed all Liberties, Privileges and Franchiſes concerning the Scanne…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 Agui…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 p. 402petitioned 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 admi…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 (1)(1)Holinſh. Chronicle, p. 1584.Holinſhed and (2)(2)Crompt. Juriſdiction of Courts, f. 8, 9, 10.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 London by a Proces out of the Kings Bench, at the ſute of one White, for the ſum of two hundred marks or thereabouts, wherein he was late afore condemned as a ſurety for the debt of one Welden of Salisbury, which p. 403arreſt being ſignified to Sir Thomas Moile knight, then Speaker of the Parliament, and to the knights and Burgeſſes there, order was taken, that the Serjeant of the Parliament, called S. I. ſhould forthwith repair to the Counter in Bredſtreet, whither the ſaid Ferrers was carried, & there to demand delivery of the Priſoner. Therupon the Serjeant as he had in charge went to the Counter, and declared to the Clerks there, what he had in commandment; but they and other Officers of the City were ſo far from obeying the ſaid commandment, as after many ſtout words, they forcibly reſiſted the ſaid Serjeant, whereof enſued a fray within the Counter Gates, between the ſaid Ferrers and the ſaid Officers, not without hurt of either part, ſo that the ſaid Serjeant was driven to defend himſelf with his mace of arms, and had the Crown thereof broken by bearing off a ſtroke, and his man ſtroken down. During this brawl, the Sherifs of London, called Rowland Hill, and H. Suckley came thither, to whom the Serjeant complained of this injury, and required of them the delivery of the ſaid Burgeſſe, as afore; but they bearing with their Officers, made little account either of his complaint, or of his meſſage, rejecting the ſame contemptuouſly, with much proud language, ſo as the Serjeant was forced to return without the Priſoner, and finding the Speaker, and all the knights and Burgeſſes ſet in their places, declared unto them the whole cauſe as it fell out: who took the ſame in ſo ill part, that they altogether (of whom there were not a few, as well of the Kings privy Counſel, as alſo of his privy Chamber) would ſit no longer without their Burgeſs, but roſe up wholly and repaired to the Ʋpper Houſe, where the whole caſe was declared by the mouth of the Speaker, before Sir T. Audeley knight, then Lord Chancellor of England, and all the Lords and Judges there aſſembled: who judging the contempt to be very great, referred the puniſhment thereof to the order of the Common houſe. They returning to their places again, upon new debate of the Caſe, took order, that their Serjeant ſhould eftſoon repair to the Sherifs of London, and require p. 404delivery of the ſaid Burgeſs, without any writ … warrant had for the ſame, but only as afore. Albeit the Lord Chancellor offered there to grant a Writ, which they of the Common Houſe refuſed, being of a clear opinion, that all commandements and other acts proceeding from the neather Houſe, were to be done and executed by their Serjeant without Writ, only by ſhew of his Mace, which was his warrant. But before the Serjeants return into London, the Sherifs having intelligence how hainouſly the matter was taken, became ſomewhat more mild, ſo as upon the ſaid ſecond demand, they delivered the Priſoner without any denial. But the Serjeant having then further in commandment from thoſe of the neather Houſe, charged the ſaid Sherifs to appear perſonally on the morrow, by 8 of the clock before the Speaker in the neather Houſe, and to bring thither the Clerks of the Counter, and ſuch other of their Officers as were parties to the ſaid affray; and in like manner to take into his cuſtody the ſaid White, which wittingly procured the ſaid arreſt, in contempt of the privilege of the Parliament; which commandment being done by the ſaid Serjeant accordingly, on the morrow, the two Sherifs, with one of the Clerks of the Counter (which was the chief occaſion of the ſaid affray) together with the ſaid White appeared in the Common Houſe: where the Speaker charging them with their contempt and miſdemeanor aforeſaid, they were compelled to make immediate anſwer, without being admitted to any counſell; Albeit Sir Ro. Cholmley then Recorder of L. and other the Counſel of the City then preſent, offered to ſpeak in the cauſe, which were all put to ſilence, and none ſuffered to ſpeak, but the parties themſelves; whereupon in the concluſion the ſaid Sherifs and the ſame White, were committed to the Tower of London, and the ſaid Clerk (which was the occaſion of the fray) to a place there called Little Baſe, and the Officers of L. which did the arreſt, called Tailer, with 4 Officers more to Newgate, where they remained from the 28 until the 30 of March, and then p. 405they were delivered, not without humble ſute made by the Mayor of L. and other their friends. And foraſmuch as the ſaid Ferrers being in execution upon … condemnation of debt and ſet a… large by privilege of Parliament, was not by Law …o be brought again into execution, and ſo the party without remedy for his debt, as well againſt him as his principal debtor, after long …ebate of the ſame by the ſpace of 9 or 10 days together; at laſt they reſolved upon an Act of Parliament to be made, and to revive the execution of the ſaid debt againſt the ſaid Welden, which was principal debtor, and to diſcharge the ſaid Ferrers. But before this came to paſſe the Commons Houſe was divided upon the queſtion: but in concluſion, the Act paſſed for the ſaid Ferrers, who won by 14 voices. The King being then advertiſed of all this proceeding▪ called immediately before him the Lord Chancellor of England and his Judges, with the Speaker of the Parliament, and other the graveſt perſons of the neather Houſe, to whom he declared his opinion to this effect. Firſt, commending their wiſdom in maintaining the privileges of the Houſe (which he would not have to be infringed in any point) alleged, that he being head of the Parliament, and attending in his own perſon upon the buſineſs thereof, ought in reaſon, to have privilege for him and all his Servants attending there upon him. So that if the ſaid Ferrers had been no Burgeſſe, but only his ſervant, that in reſpect thereof he was to have the privilege as well as any other. For I underſtand (quoth he) that you not only for your own perſons, but alſo for your neceſſary ſervants, even to your Cooks and Horſekeepers, enjoy the ſaid privilege, inſomuch as my Lord Chancellor here preſent, hath informed us, that he being Speaker of the Parliament, the Cook of the Temple was arreſted in L. and in execution upon a Statute of the ſtaple: And foraſmuch as the ſaid Cook, during the Parliament ſerved the Speaker, in that office, he was taken out of execution by the privilege of the Parliament; and further we be informed by our Judges, that wee at no p. 406time ſtand ſo highly in our eſtate Royal as in the time of Parliament; wherein we as Head, and you as Members, are conjoyned and knit together into one body politick, ſo as whatſoever offence or injury (during that time) is offered to the meaneſt Member of the Houſe, is to be judged, as done againſt our perſon, and the whole Court of Parliament: which prerogative of the Court is ſo great (as our learned Counſel informeth us) as all Acts and Proceſſes coming out of any other inferiour Courts, muſt for the tiime ceaſe and give place to the higheſt. And touching the party it was a great preſumption in him, knowing our ſervant to be one of this Houſe, and being warned thereof before, would nevertheleſs proſecute this matter out of time, and therefore was well worthy to have loſt his debt, which I would not wiſh; and thereforefore doe commend your equity, that having loſt the ſame by Law, have reſtored him to the ſame againſt him who was his debtor; and this may be a good example to other, not to attempt any thing againſt the privilege of this Court, but to take the time better; Whereupon Sir Edward Montague then Lord chief Juſtice, very gravely declared his opinion, confirming by divers reaſons all that the King had ſaid, which was aſſented unto by all the reſidue, none ſpeaking to the contrary. The Act indeed paſſed not the higher Houſe; for the Lords had not time to conſider of it by reaſon of the diſſolution of the Parliament.

From this Preſident, I ſhall obſerve, 1. That this is the firſt Preſident, that the Commons houſe ever ſent their Serjeant to demand a Member impriſoned, without firſt acquainting the King and Lords: whereupon the Serjeant was thus reſiſted, affronted. 2ly, That upon the Serjeants report of this reſiſtance and contempt, the Commons houſe did not undertake to puniſh it themſelves, though there were many of the Kings privy Council then of and in it; but according to former preſidents, went and complained thereof in rhe Lords houſe; praying them to redreſs and puniſh it. 3ly, That all the Lords and Judges p. 407there aſſembled, judged the contempt to be very great. 4ly, That thereupon (being buſied with other weighty publike affairs) they by ſpecial order, referred the examination & puniſhment thereof to the Commons Houſe. 5ly. That thereupon the Commons by vertue of this (1)(1)See the Freeholders grand Inqueſt p. 53, 54.ſpecial reference from the Lords, (not by their own inherent authority or Juriſdiction) ſent for the delinquent parties, examined the contempt, impriſoned the Sherifs of London, and White in the Tower, and the under Officers in Newgate. 6ly. That afterwards they acquainted the King and Lords with their proceedings, who approved and commended the ſame. 7ly, That they would have confirmed part of their judgement by an Act, to diſcharge Ferrers of the execution, and not to revive it after the Parliament, which paſſed but by 14. voices; and never paſſed the Lords houſe, who would not aſſent thereto. All which particulars unanſwerably evidence, that the judgement and puniſhment of contempts and breaches of privilege of the Commons houſe and their Members, belong wholly and ſolely to the Lords, not to the Commons houſe at all; unleſs by ſpecial order and reference from the Lords to the Houſe of Commons, who are to be informed of their proceedings and cenſures upon ſuch a reference, and to ratifie them by their aſſents, or ſome Act of Parliament. Therefore the concluſion of (2)(2)Juriſdiction of Courts, London 1594▪ f. 7. b.Crompton from this preſident, and Dyer, f. 60. (which hath not a ſyllable to this effect) That any Knight, Burgeſs, Baron of the 5. Ports, or others called to the Parliament of the King, ſhall have privilege of Parliament during the Parliament or Seſſion of it: ſo that he who arreſts any of them during that term ſhall be impriſoned in the Tower by the Nether Houſe of which he is, and ſhall be put to a fine, and the Kéeper alſo if he will not deliver him, when the Serjeant at Arms ſhall come for him by command of the Houſe; is but a me…r miſtake. And the late objected Preſidents, have been grounded only upon his Authority, and the miſtaking or miſapplying of Ferrers caſe,

(3)(3)Paſch. 16 & 17. H. 8. Dyer, f. 59, 60.W. Trewynnard, a Burgeſs of Parliament in 35 H. 8. p. 408(the very next year after this caſe of Ferrers) was taken in execution upon an Exigent, grounded on a Capias ad ſa…isfaciendum, by the Sherif of Cornwal; upon a complaint thereof to the King and Lords in Parliament, there iſſued a Writ of Privilege in the Kings name during the Seſſions of Parliament, to R. Chamond, then Sherif of Cornwal, to releaſe him, reciting that he was a Burgeſs, and likewiſe the Cuſtom of the privilege of Parliament: whereupon he was releaſed; the perſonal attendance of every Member being ſo neceſſary in Parliament, that he ought not to be abſent for any buſineſs, becauſe he is a neceſſary Member; and therefore ought to be privileged from arreſts. Now the Parliament conſiſting of 3. parts: to wi… of the King as chief Head, the Lords, the chief and principal Members of the Body, and the Commons, the Inferiour Members, making up one body of Parliament; (as Chief Juſtice Dyer there reſolves) theſe inferior Members, have no means to relieve themſelves when their perſons are arreſted, but by complaint to the Head, or Chief and principal Members of this body; as in all other Corporations, where the Mayor, Recorder, Aldermen, Juſtices, and chief Officers are the only Judges, not the Commons, to hear and determine all injuries done to any Commoner.

(4)(4)Cooks 4 Inſtit. p. 17, 18, 19.Paſch. 1. & 2. Phil. & Mariae, Rot. 16. B.R. The Attorney General in the Kings and Queens name, exhibited an Information againſt 34. Knights, Citizens & Burgeſſes of the Commons Houſe, for abſenting themſelves, and departing from the Parliament then held, without the Kings and Queens special licenſe, contrary to their Prohibition, and in manifest contempt of the ſaid King, Queen and Parliament, and to the great detriment of the ſtate of the Commonwealth of this Realm, and the ill example of others. The Great Lawyer Edmond Plowden being one, pleaded he was preſent at the Parl. from the very beginning of it to the end, and that he departed not from it; which he was ready to verify as the Court ſhould direct, and prayed judgement to be diſcharged. Edward Harford another of them, pleaded a ſpecial licenſe to depart, whereupon his proſecution p. 409was ſtayed; but ſo that Proceſs …ill iſſued againſt the reſt. The Commons houſe therefore i… Q. Maries reign, were not re…ted ſole Judges of their own Members in caſes of departure from Parliament in contempt, to the publike prejudice, and ill example of others, as now they deem themſelves, by Sir Edward Cooks new-invented Law and Cuſtom of Parliaments.

In the (5)(5)See the Iournal, & The Freeholders Grand Inqueſt, p. 54, 55.Parliament of 18 Eliz. Feb. 22. A report was made to the Commons Houſe, by a Committee appointed to conſider how Mr. Halls man, then a Member, and impriſoned againſt his privilege, might be releaſed; that the Committee found no Preſident for ſetting at large by the Mace, any perſon in arreſt, but only by Writ of Privilege: And that by divers preſidents and records peruſed by the Committee, every Knights, Citizen or Burgeſs, requiring privilege for his Servant, hath uſed to take a Corporal O…th before the Lord Chancellor, that the pa…ty for whom ſuch Writ is prayed, came up with him, and was his ſervant at the time of the arreſt made. Whereupon Mr. 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 (6)(6)See the Freeholders Grand Inqueſt, p. 54, 55.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 p. 410her 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 (7)(7)See the Freeholders▪ Grand Inqueſt p▪ 58, 59.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 (8)(8)See the Freeholders Grand Inqueſt, p. 60.Parliament of 35 Eliz. Mr. Peter Wentworth, and Sir Henry Bromley, delivered a petition to the Lord Keeper, deſiring the Lords of the Ʋpper 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. Wr…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 p. 411reſtrained; 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 fought… 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 L…. Keeper in Chancery, …here the return was of record, if he thought it amendable by Law; and that p. 412Maſter 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 **4 Inſtit. p. 15.23.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. 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 (9)(9)See the Freeholders Grand Inqueſt, p. 15, 16cite 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 p. 413of 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 **Cook 4 Inſtit. p. 23.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 **See an Exact Collection of Ordinances, p. 541, 542, 543, to 558.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 p. 414whom the Army **See my Epiſtiſtle to my Speech in Parliament, Decemb. 4. 2648. The 2 part of the Hiſtory of Independency.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 ††See their Declarations and knacks of 17 and 19 Martii 1648. & Jan. 2. 1649.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 ††See their Declarations concerning the grounds of their diſſolutions, Aug. 22. 1652. and ſince.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 p. 415Members 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 Ado…bez…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 ††The Declaration of the General and Officers of the Army, Aug. 22. 1653. p. 4, 5, 6. A true State of the Commonwealth of England, &c. p. 8, 9, 10, 11.12. &c.Declarations for a CORRƲPT 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 ††See my Epiſtle to my Speech in Parliament.A CORRƲPT 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 p. 416ever 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 Houſe it ſelf, without any report at all of their proceedings to the Houſe; **An Exact Collection, p. 500, 523, 526.authorizing Committees to ſecure, impriſon, cloſe impriſon, caſhire, baniſh, condemn, execute many perſons, ſequeſter, confiſcate, ſell, diſpoſe their Inheritances, Offices, Lands, Tenements, Benefices, real and perſonal eſtates; to deprive them of their callings, profeſſions; to ſearch and break up their houſes, by Soldiers and others, without any legal ſworn Officers, day and night, to ſeize their Letters, Papers, Horſes, Arms, Plate, Money, yea debts in other mens hands at pleaſure; to indemnifie and ſtay their legal actions, ſutes, Judgements at Law, and null their executions at their pleaſures; yea to commit them till they releaſed all ſutes, actions, Judgements, and paid coſts and damages to thoſe they juſtly ſued, and recovered againſt, to adde affliction to affliction, and cruelty, oppreſſion to injuſtice. Theſe are the bitter fruits of Commons uſurped judicature, whereof there are thouſands of moſt ſad preſidents which may hereafter be objected to prove the ſole Power of Judicature to reſide of right, not in the K. or Houſe of Lords, but in the Commons Houſe alone, and every of their Committees, eſpecially for Examinations, Plundered Miniſters, Sequeſtrations, Indempnity, Haberdaſhers and Goldſmiths Halls, Privileges, ſales of Delinquents, the Kings Queens, Princes, Lands and Eſtates, Exciſe, the Army, Navy, and the like: yea in their new created High Courts of Juſtice; who have acted as abſolute arbitrary, unlimited, lawleſſe Courts of juſtice in the higheſt degree, to the ſubverſion, deſtruction of the antient Liberties, Freeholds, Properties, Great Charters, and fundamental Laws of the Nation in general, and of thouſands of the higheſt & loweſt degree of Engliſh Freemen in particular; with as much ground of reaſon, & Warrant from the many late Preſidents of this Nature, p. 417as theſe here objected, to prove a ſo…e right of …udicature in the Commons Houſe, in caſes of undue elections, retorns, miſdemeanors, privileges relating to their Members and their ſeruants. Which ſtrang exorbitant Preſidents and Proceedings, if they ſhould be made Patterns for future Parliaments and Committees; I ſhall deſire all ſober minded men to conſider of the dangerous conſequences of them, thus notably expreſſed by the late King in his ††Exact Collect. p. 768, 769, 770.Anſwer concerning the Ordinance for impoſing and levying the 20th. part of mens eſtutes 29 November 1642. After this Ordinance and Declaration, tis not in any ſober mans power to believe himſelf worth any thing, or that there is ſuch a thing as Law, Liberty, Property, left in England under the juriſdiction of theſe men; and the ſame power that robs them now of the twentieth part of their eſtates, hath by that but made a claim, and entituled it ſelf to the other nineteen, whne it ſhall be thought fit to haſten the general ruine. Sure, if the minds of all men be not ſtubbornly prepared for ſervitude, they will look on this Ordinance, as the greateſt prodigie of Arbitrary power and tyranny that any age hath brought forth in any Kingdom; other grievances (and the greateſt) have been conceived intollerable, rather by the logick and conſequence, than by the preſſure it ſelf; this at once ſweeps away all that the wiſdom and juſtice of Parliaments have provided for them. Is their property in their eſtates (ſo carefully looked to by their anceſtors, and ſo amply eſtabliſhed by Us againſt any poſſibility of Invaſion from the Crown) which makes the meaneſt Subject as much a Lord of his own, as the greateſt Peer, to be valued or conſidered? here is a twentieth part of every mans eſtate (or ſo much more as four men will pleaſe to call the twentieth part) taken away at once, and yet a power left to take a twentieth ſtill of that which remains, and this to be levied by ſuch circumſtances of ſeverity, as no Act of Parliament ever conſented too. Is their liberty which diſtinguiſhes ſubjects from ſlaves, and in which this freeborn Nation hath the advantage of p. 418all Chriſtendom dear to them? they ſhall not only be impriſoned in ſuch places of this kingdom (a latitude of judgement, no Court can challenge to it ſelf in any caſes) but for ſo long time as the Committee of the Houſe of Commons for Examination ſhall appoint and Order; the Houſe of Commons it ſelf having never aſſumed, or in the leaſt degree pretended to a power of Judicature, having no more authority to adminiſter an Oath (the only way to diſcover and find out the truth of facts) than to cut off the heads of any our Subjects; and this Committee being ſo far from being a part of the Parliament, that it is deſtructive to the whole, by uſurping to it ſelf all the power of King, Lords, and Commons. All who know any thing of Parliament, know that a Committee of either Houſe ought not by Law to publiſh their own reſults, neither are their concluſions of any force without the confirmation of the Houſe, which hath the ſame power of controling them, as if the matter had never been debated; but that any Committee ſhould be ſo contracted (as this of examination, a ſtile no Committee ever bore before this Parliament) as to exclude the Members of the Houſe, who are equally truſted by their Country, from being preſent at the Counſels, is ſo monſtrous to the privileges of Parliament, that it is no more in the power of any man to give up that freedom, than of himſelf to order, that from that time the place for which he ſerves, ſhall never more ſend a Knight or Burgeſſe to the Parliament, and in truth is no leſſe than to alter the whole frame of government, to pull up Parliaments by the roots, and to commit the lives, liberties, and eſtates of all the people of England, to the arbitrary power of a few unqualified perſons, who ſhall diſpoſe thereof according to their diſcretion, without account to any rule or authority whatſoever. Are their friends, their wives, and children (the greateſt bleſſings of peace, and comforts of life) pretious to them? would their penury and impriſonments be leſſe grievous by thoſe cordials? they ſhall be divorced from them, baniſhed, and ſhall no longer p. 419remain within the Cities of London and Weſtminſter, the Suburbs and the Counties adjacent, and how far thoſe adjacent Counties ſhall extend no man knows.

The 3 ſort of Preſidents and Objections are ſuch, as Lilburn and Overton inſiſt on, to prove; That the King and Lords have no power at all to judge or cenſure Commoners in our Parliament. The only Record they inſiſt on is the Lords own Proteſtation in 4 E. 3. n. 2. & 6. in the caſe of Sir Simon Bareford; which becauſe I have already fully anſwered, p. 323, 324, 325. and cleared by ſundry ſubſequent preſidents, and there being no one preſident in any Parliament ſince to contradict it, I ſhall wholly pretermit, and proceed to their objections, which are only two.

The firſt and principall objections whereon they moſt inſiſt and rely, is the Statute of Magna Charta, chap. 29.Objection That no Free-man ſhall be impriſoned, outlawed, exiled, or any other may destroyed; Nor we ſhall not paſſe 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,Anſwer 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 p. 420it ſelf when the Petition of Right was paſſed, in the Lords Judgement and Sentence againſt ††Here p. 353. &c.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 p. 421Freemen, are all Peers one to another, and may paſs upon each other in Juries, both in civil and criminal cauſes and this clauſe (1)(1)Dyer 99. Cook 2 Inſtit. on Magna Charta, c. 14. 29. See Cook 2 Inſtit. p. 27, 29, 49, 50, 51.No Freem…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 p. 422Plea 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 **48 E. 3.30. Br. Exempt. 3. Fitz. N. Brev. f. 165. e.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 (2)(2)See his Innocency & Truth juſtified.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 p. 423by the ††See Brook and Aſhe, Amerciament & Fine for contempts.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 (3)(3)Cook 4. Inſtit. p. 21.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, (d)(d)And my Lords, I tell you to your faces, THAT BY RIGHT THE HOUSE OF COMMONS ARE your JUDGES IN THIS CASE, as well as mine. An Anatomy of the Lords Tyranny and Injuſtice, p. 14.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 p. 424cenſure 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 Wi…es of their Husbands, the Soldiers of their General, and the feet and lower members of the Head.

p. 425The ſecond & only Objection more of moment, is this;Objection 2. 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,Anſwer. 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, ††28 E. 3. n. 8. to 16. 21 E. 3. 46. b. 7 H. 6. 29 a. Cook 4. Inſtit. p. 21, 23. 4 E. 3. n. 14. Brook, Cromptons Juriſdiction of Parl. and all Statutes for repealing former Parliaments, Acts, Judgements, or Attainders.becauſe there is no appeal from it, but only to the next or ſome other Parliament that ſhall be ſummoned, by petition in the p. 426nature of a Writ of Error. There is a greater grievance in all ill publique Acts which concern many, than in ill judgements which concern but one or two particular perſons; which yet cannot be repealed but by another Parliament; as the Errours and decrees of one General Council cannot be rectified or reverſed, but by and till another General Council meets to do it. The ſame miſchief was and is in Errours, Judgements, and Decrees given in the Kings Bench, Chancery, & in illegal commitments by them; for which there is no relief out of Parliament, but to wait till a new Parliament be called.

For this I ſhall cite one memorable Record (beſides the forecited caſes of the two Spencers, Roger Mortimer, Matravers, Earls of Arundel, Salisbury, and others) relating to the Parliaments of Ireland. Clauſ. 46 E. 3. m. 25. Pro Hominibus de Hybernia de Cuſtumae oneribus revocandis, Roberto de Aſhton Iuſtic. Hyberniae. A complaint was made from ſome of Ireland to the King, that Willielmus de Windſore being Lieutenant of Ireland, at the firſt Parliament held there after his coming, deſired diverſa Cuſtumae et onera quae antea alique tempore conceſſa non fuerunt, viz. de quolibet laſto halicium, 3 s. with divers impoſitions more on moſt commodities there expreſſed. Et licet Praelati, Magnates, et alii ligei noſtri PRO MAJORI PARTE in dicto Parliamento noſtro exiſtentes, conceſſionem, levationem et ſolutionem Cuſtumae et onerum ſupradictorum ABSQUE ASSENSU MINORIS PARTIS DICTI PARLIAMENTI CONCESSERƲNT per tres annos tantum, et non ultra conceſſerunt, praefatus tamen Willielmus et alii de Conſilio ſuo, … rotulo Cancellariae noſtrae ejuſdem terrae irrotulari et regiſtrari fecerunt, quod dictae Cuſtumae et onera per OMMES in dicto Parliamento praeſentes perpetuis temporibus percipienda, conceſſa fuerunt; in ipſorum noſtrorum ligeorum terrae noſtrae praedict: deſtructionem et depauperationem manifeſtam. Unde Nobis ſupplicarunt, &c. Et ideo Vobis mandamus, quod praemiſſa omnia et ſingula ejuſdem, modo et forma quibus geſta et act a fuerunt IN PROXIMO PARLIAMENTO NOSTRO p. 427in terra praedicta tenendo, coram Praelatis, Magnatibus e… Communitate dicti Parliamento recitari ac dec…arari facias. Etſi per expoſitionem et examinationem Vobis constare poterit praemiſſa veritatem continere, tunc irrotulationem ac recordum conceſſion…s cuſtumae et onerum praedict: DE ASSENSƲ DICTI PARLIAMENTI cancellari, et damnari, et levationem et exactionem Cuſtumae praedict: ratione conceſſionis antedictae poſt dictum triennium ſuperſederi facias omnino. Teste, &c. 28 Maii. It appears likewiſe by Clauſ. 47. E. 3. m. 3. De quodam ſubſidio in Hybernia levando, that they likewiſe complained by Petition to the King that the ſaid William de Windſor whiles he was Lieutenant of Ireland, had impoſed on them a ſubſidy of 5000l. in the two laſt Parliaments there held at Kilkenny and Balydoill, againſt their wills and their free grants; whereupon the King had ſent a Writ, that it ſhould not be levied: pro eo tamen, that we are ſince informed by the GREAT MEN, and other credible perſons of Ireland, that the 5000 l. was FREELY GIVEN AND GRANTED by the Lords, Greatmen, and Commons in theſe Parliaments, ET NON PER VIAM IMPOSITIONIS EXACT: as was ſuggeſted. Volumus de aviſamento Concilii noſtri, quod omnes denarios de dicta ſumma 5000. librarum qui a retro exiſtunt; & nondum levati de hominibus et ligeis noſtris terrae noſtrae praedictae, juxta formam conceſſionis eorundem leventur, &c. Teſte apud Weſtmonaſterium 20 Decembris.

Finally, He that ſuffers by and under an unjuſt cenſure, will have the comfort of a good Conſcience to ſupport him till he be relieved; and therefore he (1)(1)Luk. 21.19 1 Pet. 3.14. Heb. 10.32, 33, 34.Luke 21:191 Pet 3:14Heb 10:32Heb 10:33Heb 10:34muſt poſſeſs his Soul with Patience, and rejoyce under his croſs, and not rail, murmur, and play the Bedlam, as Lilburn, his Companions, Overton, Larnar, and other Sectaries doe, againſt our (2)(2)1 Pet. 2.15. to 21. c. 4.16. Iſay 53.71 Pet 2:15–21Isa 53:7Saviours own precept and example, and then God in his due ſeaſon will (3)(3)Pſal. …, & 37. & 46.relieve and right them in a legal way; whereas their impatience, raving, and libellous railing Pamphlets and Petitions (not ſavouring of a Chriſtian, meek and humble ſpirit) will but create them new p. 428troubles, expoſe them unto juſt and heavy cenſures, and rob them both of the comfort and glory of al their former ſuffrings againſt Law and Reaſon.

Having anſwered theſe Objections, I ſhall now earneſtly deſire all Lilburns and Overtons ſeduced Diſciples, whether Members or others, ſeriouſly to weigh and conſider the premiſes, that ſo they may ſee how groſſely they have been deluded, abuſed; and miſled by theſe two Ignes fatui, or New-lights of the Law, and Circumſcribers of the Lords and Parliaments Juriſdictions, which (God knows) they no more know nor underſtand than Balams Aſſe; as the premiſes demonſtrate; and I ſhall ſeriouſly adjure them (if they have any grace, ſhame, or remainder of ingenuity left in them) ingeniouſly to recant, and publiquely to retract all their ſeditious railing Libels and Scurrilous Invectives againſt the Lords **Which to deprive them of muſt be an act of the higheſt injuſtice and unrighteouſneſs that may be excluding the Actors thereof both from the reallity of Chriſtians & Heaven it ſelf Mich. 2.1, 2, 3, &c. Cor. 6.8, 9. Rom. 13.1. to 10. Iſa. 9.16.Mic 2:1Mic 2:2Mic 2:3Rom 13:1–10Isa 9:16undoubted Privileges, Juriſdiction, and Judicature, which I have here unanſwerably made good by undeniable Teſtimonies, Hiſtories, Records, and the grounds of policy and right reaſon (which they are unable to gainſay) to undeceive the many ignorant over-credulous poor Souls they have corrupted and miſled to the publique diſturbance of our Kingdoms Peace; and let all their followers conſider well of our Saviours caution, Mat. 15.14. If the blind lead the blind (as theſe blind-guids doe them) both of them ſhall fall into the Ditch, and there periſh together: O conſider therefore what I have here written to undeceive your judgements, and reform your practice; conſider that Dominion, Principality, Regality, Magiſtracy and Nobility are founded in the very Law of Nature, and ††Prov. 8.15, 16. Dan. 2.21, 37. Rom. 13.1. to. 7. Col. 1.16, 17, 18. Hph. 1.21. Acts 13, 20, 21, 22. Tit. 3.1. 1 Tim. 2, 1, 2, 3. 1 Pet. 2.13, 14. Gen. 17.6.16. c. 35.11. c. 36.15. to 43. Deut. 17, 14, 15. 2 Sam. 7.8. to 17. 1 Chron. 28.…. 5. 2 Chron. 1.9.10. c. 2.11. c. 9.8.Prov 8:15Prov 8:16Dan 2:21Dan 2:37Rom 13:1–7Col 1:16Col 1:17Col 1:18Acts 13:20Acts 13:21Acts 13:22Titus 3:11 Tim 2:11 Tim 2:21 Tim 2:31 Pet 2:131 Pet 2:14Gen 17:6Gen 17:16Deut 17:14Deut 17:152 Sam 7:8–171 Chr 282 Chr 1:92 Chr 1:10Gods own inſtitution, who ſubjected not only all beaſts and living Creatures to the ſoveraign Lordſhip of man, to whom he gave Dominion over them, Gen. 1.28, 29. c. 9.2, 3, 5· Pſal. 8.6, 7, 8. by vertue whereof men ſtill enjoy Dominion over the Beaſts; but likewiſe one man unto another; as (i)(i)Gen 3.16. Exod. 20.12. Eph. 5.22. to 30. c. 6. 1. to 10. Rom 13.1, 2, 3. Tit. 3.1. Col. 3, 20, 22. 1 Pet. 2.13, 14, 18. c. 3. 15. Heb. 13.17. Joſh. 1.16, 17, 18. Mat. 8.9.Gen 3:16Exod 20:12Eph 5:22–30Rom 13:1Rom 13:2Rom 13:3Titus 3:1Col 3:20Col 3:221 Pet 2:131 Pet 2:141 Pet 2:18Heb 13:17Josh 1:16Josh 1:17Josh 1:18Matt 8:9Children to their Parents, Wives to their Husbands, p. 429Servants to their Maſters, Subjects to their Kings, Princes, Magiſtrates, Souldiers to their Captains, Mariners to their Ship-Maſters, Scholtars to their Tutors, People to their Miniſters ▪ which order, if denied or diſturbed, will bring abſolute and ſpeedy confuſion in all Families, Corporations, States, Kingdoms, Armies, Garriſons, Schools, Churches, and diſſolve all humane Societies, which ſubſiſt by order and ſubordination only to one another; and ſeeing God himſelf and Jeſus Chriſt are frequently ſtiled in Scripture, not only King, Lord, the Head of all Principalities, Powers, Thrones, Dominions, but alſo KING OF KINGS, and LORD OF LORDS, Deut. 10.17. Pſ. 136.3. 1 Tim. 6.15. Rev. 1.5. c. 17.14. c. 10.6. (which glorious Titles they muſt loſe if all Kings and Lords be totally aboliſhed:) And ſince Monarchy, Royalty, Principality, Nobility; yea Titles of Honour and Nobility, (as ††Specially promiſed by God as a bleſſing to his people, Gen. 17.6, 16. c. 35. 11. Ier. 17.24, 25. c. 22.4. 1 Chron. 28.4, 5, 6. c. 11, 12.Gen 17:6Gen 17:16Jer 17:24Jer 17:251 Chr 28:41 Chr 28:51 Chr 28:6Kings Princes, Dukes, Lords, &c.) are of Divine inſtitution: Col. 1.16. Rom. 13.1, 2. Eph. 3.10. yea as antient almoſt, as the world it ſelf, univerſally received, approved among all Nations whatſoever under heaven, and honoured with ſpecial privileges, as not only all (k)(k)See Seldens Titles of Honour, Dr. Humphreys and others of Nobility. Catanaeus Catologus gloriae mundieminent Authors and experience manifeſt, but theſe enſuing Scripture Texts, Gen. 12.15. c. 14. …. to 10. c. 17.6.16. c. 20.2. c. 21, 22, 23. c. 25.16. c. 26.1.8.26.26. c. 36.15, 16, 17, 18, 29, 30, 31, to 43. c. 9.1, 2. c. 41.40, to 47. c. 47.22, 26. Exod. 1.8. Numb. 20.14, &c. c. 21.1, 18, 21, 33. c. 22.7.10.14, 15, 40. c. 23.17. c. 2, 3, 10. c. 16.2. c. 27.2. c. 32.2. Deut. 17.14.15, 16. Joſh. 1.16, 17, 18. c. 5.1. c. 5.1. c. 8, 9, 10, 11, 12. Judg. 9.6, 18. 1 Sam. 8.5, 9. 2 Sam. 11.2. 1 Kin 4.34. c. 10.15, 23, 29. c. 20.19. c. 23.22. Iob 3.14. c. 36.7. Pſal. 2.2.10. Pſal. 62.12.14.29. Pſ. 72.10, 11. Pſ. 102.15. Pſ. 136.17, 18. Pſ. 138.4. Prov. 8.15, 16. Prov. 30.31. Eccl. 10.16, 17. Judg. 3.5. c. 16.8. 1 Sam. 5.11. c. 29.2.6, 7. Jer. 25.18. to 27. Dan. 4.36. c. 5.9, 10, 13. c. 6.27. Mat. 8.9. Mar. 6.21. c. 10.42. 1 Cor. 8.5. Rom. 13.1, 2, 3, 4. 1 Tim. 2.1. 2 Tit. 3.1, 2. 1 Pet. 2.13, 14, 15. Acts 9.27. (which I wiſh our Sectaries Levellers, and Lilburniſts to p. 430conſider and ſtudy, with the others forecited; it will be a meer folly and madneſſe in any man to prove Antipodes to this inſtitution of God, Nature, Nations: to run quite contrary to all men, and to level the head, neck, ſhoulders to the feet; the talleſt Cedars to the loweſt Shrubs; the roof of every building to the foundation ſtones, the Sun, Moon, Stars, Heavens, to the very Earth, center, and even men themſelves to the meaneſt beaſts. I ſhall therefore conclude with Saint Pauls ſerious admonition, which theſe refractory perſons have quite forgotten, Rom. 13.1, 2.3. Let every ſoul be ſubject to the higher Powers; for there is no power but of God, the powers that be are ordained of God; whoſoever therefore reſiſteth (much more oppugneth, aboliſheth) the Power, reſisteth (oppugneth, aboliſheth) THE ORDINANCE OF GOD. and they that reſiſt (oppugne or endeavour to aboliſh theſe powers) ſhall receive to themſelves DAMNATION; for Rulers are not a terrour to good works, but to the evil; wherefore YE MUST NEEDS BE SUBJECT, NOT ONLY FOR WRATH, but likewiſe FOR CONSCIENCE SAKE. And for this cauſe pay you tribute alſo, for they are Gods Miniſters, attending continually on this very thing. Render therefore to all (ſuch juſt higher Powers) the…ues, tribute to whom tribute, cuſtom to whom cuſtom, fear to whom fear, HONOUR to whom HONOUR IS DUE, (which Saint Peter likewiſe ſeconds almoſt in the ſelf ſame words, which you may doe well to peruſe and ſtudy, 1 Pet. 2.12. to 20.) and then you will never dare to queſtion or diſpute any more the Power, Judicatory, Privileges of the Right Honourable Houſe of Peers, much leſſe to Revile and Libel againſt their lawfull power, perſons, Judicature, as now you doe, to the infinite Scandal of your Schiſmatical faction, and Religion it ſelf, which you profeſſe only in ſhew, but deny in deeds and practice.

I ſhall cloſe up this Plea with theſe enſuing Preſidents of Power given by Act of Parliament to the Lords of the Kings Council, to anſwer thoſe Petitions, and redreſſe thoſe grievances, which were not anſwered nor redreſſed p. 431ſitting the Parliament, after the Parliaments themſelves were ended; and that at the Commons ſpecial requeſts.

Parl. 15 H. 6. n. 33. I…e… lavantdir 27 iour de Marcz. un au…e petition fuiſt baillez a nostre Seignior le Roy en meſme le Parlement per les Comunes dicel, De poteſtate conceſſa Dominis de Conſilio Regis ad audiend. et terminand. Petitiones in Parliamento minime determinat.le tenour de quell petition ey e…ſuit… Pleaſe au Roi noſtro Soverayn Seignior conſiderer, comet pluſours petitions ount estez baillez et exhibitez a veſtre treſnoble ha…teſſe par les Comunes de ceſt preſent Parliament pur ent avoir covenable remedie, et unquore ment determin…z, d'ordenier, per advis des Seigniors Eſperituelx et temporelx & aſſent des Comunes avantaitz, que les ditz petitions purront estre deliveres a les Seigniors de veſtre treſſage Counſeill; lez que…x appellez a eux les Juſtices et autres gentz aprisez en v…ſtre ley ſi beſaigne y foit, aiant poair par auctoritee du dit Parlement, p…r entre cy et la feſt del Nativite de Seint Johan Baptiſte prouohein avenir, doier et terminer les dites petitions, et que Ycelle enſi terminez del advis et aſſent ſuis ditz, pu…runi eſtre enactez, enrollez et mys de Recorde de meſme veſtre Parlement. La quell petition lev en meſme le Parlement et entenditz, del advis et aſſentdes Seigniors Eſpirituelx & temporelx en le die Parlement adonqes esteantz, fuit reſtonduz a icell en manere enſuant.

Le Roi le voet

Et poſtea videlicet viceſſimo ſec…ndo die Junii tunc proxime ſequenti, omnes et ſingulae Petitiones quae Domino noſtro Regi per Comunes Parliamenti praedicti pro congruo remedio inde auctoritate ejuſdem Parliamenti habend. libertatae et exhibitae minime que ante diſſolutionnem Parliamenti praedicti determinatae, fuerunt certis Dominis de Conſilio Regis ſubſcriptis, videlicet cariſſimo Avunculo Regis, Humfrido Duci Glouceſtriae, ac venerabilibus patribus Johanni Archiepiſcopo Ebor. Johanni Bathon et Wellen Cancellario Angliae, & Willielmo Lincoln Epiſcopo, necnon et Radulpho Cromwell Militi Theſaur. Angl. Waltero Hungerford Militi et Magiſtro Willielmo Lyndwode Cuſtodi privati figilli, Dom. Dom. Regis apud Westm. in Camera ſtellata preatextu auctoritatis praedictae p. 432aexhibitae fuerunt et libertatae, qui quidem Domini appellatis ſibi prius Juſticiariis ac aliis peritis in lege, tam communes quam ſpirituales Petitiones ſubſcript. de petitionibus antedictis coram eos legi fecerunt, eaſque auctoritate praed▪ in forma qua in indorſamento earundem Petitionum continetur determinaverunt: quarum quidem petitionum tenores una cum reſponſionibus earundem inferius hic ſequuntur.

The like was enacted and done in the ††Exact Abridgement, p. 564, 584, 591.596.Parliaments of 1 H. 6. n. 21. 4 H. 6. n. 21. 8 H. 6. n. 45. 8 H. 6. n. 69. Since then the Lords at the Commons requeſt, were thus au…horized to be Judges, Anſwerers, Reformers of their Petitions and Grievances in Parliament, which could not be there anſwered, redreſſed▪ during the Parliaments ſitting, even after thoſe Parliaments determined; much more muſt they be the only proper Judges, Anſwerers and Redreſſers of them in our Parliaments, whiles they continued ſitting; and thoſe who are proper Judges of their Petitions and Eſtates in Parliament, muſt by the ſelf-ſame reaſon be admitted to be the proper Iudges of their perſons likewiſe in all caſes proper for Parliamentary Conuſance, maugre all pretences to the contrary.