Plea for the Lords and House of Peers, Treatise · Section 2 (2 of 2)

Plea for the Lords and House of Peers · Treatise · Section 2 (2 of 2)

p. 194Anno 1326. Hugh Spencer the younger (notwithſtanding the repeal of his exile) being taken by the Kings forces was brought to Hereford, and there arraigned publiquely before William Truſſel, a Judge: His inditement is at large recorded in the Chronicle of Leiceſter, and in Henry de Knyghton de Eventibus Angliae, l. 3. c. 15. col. 2547. &c. beginning thus; Hugo de Diſpencere En Parlement noſtre Seignour le Roy que ore eſt, tenue a Westminſtre lanquinziſme, per examinent dez Praelates, Contes, Barones, et tote la commune de Realm fuiſt notoriement trove, que voſtre piere, & vous Hugh fu…ſtez agardez TRAYTOURS & enmys del Realm; pur quel par aſſent & commandment noſtre Seigniour le Roy, vostre Piere, & vous Hugh fuistez exules del Realm, ſanz james revenir, ſi ceo ne fuiſt par laſſent & commmandment noſtre Seignious le Roy, & ceo en playne Parlement duement al ceo ſummounz. And for his returning into England againſt this Act, and his manifold murders,**Walſingham Hiſt. Angl. p. …06. oppreſſions and miſdemeanors ſince, there recited at large, he was condemned to be hanged, drawn, bowelled, quartered and beheaded, which was executed p. 195accordingly, December. 8. and his head fixed on a Poll, and ſet upon London bridge.

The Repeal of the Spencers exile was not long after repealed, and the Act for their exile re-confirmed in the Parliament of 1 E. 3. ch. 1, 2. in the Statutes at large, which recites; That they were exiled, diſinherited and baniſhed out of the Realm by the Commons aſſent, and award of the Peers and Commons of the Realm, and by the aſſent of King Edward, as Traytors and Enemies of the King and of his Realm: And that he by the Common Counſel of the Prelates, Earls, Barons, and other Great men, and of the Commonalty of the Realm, in his Parliament holden at Weſtminſter, did ordain and establiſh, That the repeal of the ſaid Exile, which was made by Dureſs and force, ſhould be adnulled f…r evermore; and the ſame exile made by the award of THE PEERS AND COMMONS BY THE KINGS ASSENT, as aforeſaid, ſhall ſtand in its ſtrength in all points, after the tenour of every Article therein contained. But this Act of repeal by the like power and aſſent was repealed as erronious, and the heir of the Spencers reſtored to blood and Lands by the Parliament of 21 R. 2. Rot. Parl. u. 35. to 57. And that whole Parliament again repealed and nulled by 1 H. 4. c. 3. Cooks 4 Inſtit. p. 25. This was the iſſue of this very firſt Attainder, wherein the Commons concurred with the Lords, being carried by force and power on all hands in thoſe turbulent times.

In the Parliament of 11 R. 2. ch. 1, 2, 3, 4, 5, 6, 7. in the Statutes at large. Alexander Archbiſhop of York, Robert de Vere Duke of Ireland, Michael de la Pale Earl of Suffolk, Robert Treſylien, chief Juſtice, R. Belknap, with ſundry other Judges, Lawyers, Knights, Gentlemen, Clergymen, and other Commons and Prelates were impeached by the Duke of Gloceſter, and other Lords Appellants of High Treaſon, in 36 Articles, & thereupon attainted, condemned, judgement of death, baniſhment, forfeiture of their lands and eſtates given againſt them in Parliament by the Lords, without the Commons. After which the p. 196Lords exhibited a Petition to the King for the confirmation of the ſaid Attainders and forfeiture. Whereupon the King conſidering the mat…er of the ſaid Petition to be true, at the requeſt of the ſaid Commons, of the aſſent of the Prelates, Dukes, Earls, Barons, and all others of this preſent Parliament, granted the requeſt of the ſaid COMMONS in all points, after the form of the ſaid Petition; And moreover of the aſſent aforeſaid, paſſed ſundry Acts touching their Attainders, Judgements, Exiles, and forfeitures, which all may peruſe at leiſure in the Statutes at large. In the Parliament of 21 R. 2. upon the Petition of the Commons, by the like aſſent, c. 2. to 12. in the Statutes at large; theſe Attainders, Judgemens, forfeitures, and the whole Parliament of 11 R. 2. were repealed, as erronious, and nulled. Yet after by the Parliam. of 1 H. 4. c. 3. the Parl. of 21 R. 2. is nulled, and that of 11 R. 2. revived and confirmed, with all the attainders, and Judgements therein given. In the Parliament of 9 H. 6. c. 8. Owen Glendor, formerly endited and attainted of high Treaſon for his grand inſurrections and rebellions, by the aſſent of the Lords ſpiritual and temporal, and of the King… at the ſpecial requeſt of the Commons, was by ſpecial Act, declared a Traytor; and all manner of Indictments, Inquiſitions, Proceſſes, Records, Judgements, Ordinances, Statutes made againſt him, authorized, eſtabliſhed for Law, by aſſent of the Lords and Commons in Parliament. In the Parliament of 29 H. 6. c. 1. The King by the advice of the Lords ſpiritual & temporal, and at the requeſt of his Commons, by a ſpecial Act, attainted John Cade of ſeveral High Treaſons, for traytorouſly iman…ging the Kings death, the deſtruction and ſubverſion of this Realm, in gathering and levying great numbers of the Kings people, and them exciting to make inſurrection againſt the King, his regalty, crown, and dignity, and to make and levy war falſly and trayterouſly againſt the King: for which they confiſcated all his Lands, Tenements, rents and poſſeſſions to the king, corrupt and diſable his blood for ever, and enact him to be called a falſe Traytor p. 197within the Realm for ever. And in 31 H. 6. c. 1. with the adviſe and aſſent of the Lords, and at the requeſt of the Commons, it is ordained, eſtabliſhed, that the ſaid John Cade ſhall be reputed, had, named, and declared a falſe Traytor to the king; and all indictments and proceedings had and made under the power of his Tyranny, were clearly repealed and adnulled for ever, and to be of no effect, but void in Law, and put in oblivion, and deſtroyed for ever, as purpoſed againſt God and Conſcience, and the Kings royal eſtate and preheminence, and alſo diſhonourable and unreaſonable. In the Parliament held Anno 38 H. 6. rot. Parl. n. 5. to 26. Richard Duke of York with ſundry other Lords and Commons were attainted of High Treaſon by Bill for conſpiring and levying war again…t the King. And in the Parliament of **An Abridgement of the Records, p. 670, 671, 672.677, 689, 691, 699, 702, 703, 707.1 E. 4. rot. Parl. n. 12, 17. to 37 King Henry the 4 H. the 6 Queen Margaret, Edward Prince of Wales, Henry Duke of Somerſet, the Earl of Devonſhire, with ſundry other Knights, Eſquires, and Gentlemen, Prieſts and Yeomen were attainted of High Treaſon by Bills, for levying war againſt king Edward the 4. In the Parliament of 4 E. 4. rot. Parl. n. 2. to 39. the Duke of Somerſet, Henry Beauford, Sir Ralph Piercie, with ſundry other Knights, Eſquires and Gentlemen were attainted of High Treaſon by Bill for levying war againſt the king; moſt of which attainders in the Parliaments of 12 E. 4. rot. Parl. n. 15.(g)(g)Cooks 2. Inſtit p. 39, 40, 41. to 36.13 E. 4. n. 45.14 E. 4. n 45.27, 28, 29, 31, 32.17 E. 4. n. 19, 20, 21, 22. E. 4. n. 23▪ were repealed by Bills, and the parties, or their heirs reſtored to blood and Lands. In the Parliaments of 14 E. 4. rot. Parl. n. 34, 35, 36, 37. Sir Richard and Sir Robert Wells, John Vere, Earl of Oxford, Sir Thomas Vere, with ſundry more Knights and Gentlemen were attainted by Bill of High Treaſon, for Levying war againſt the king, and ſome of the Attainders repealed by Bill afterwards. In the Parliament of 25 H. 8. c. 12. Elizabeth Barkin, Richard Maſter, Edward Barkin and ſundry others were attainted and condemned of High Treaſon, & John Fiſher Biſhop of Rocheſter, Thomas p. 198Gold and others of miſpriſſion of High Treaſon, by Act of Parliament. In the Parliament of 28 H. 8. c. 7. Queen Anne, George Lord Rochford, Sir Henry Norris, Sir Francis Weſton, William Breerton Eſquire, and Mark Sutton were convicted and attainted of High Treaſon, and their lands forfeited by Bill. In the Parliament of 32 H. 8. Thomas Lord Cornwell was convicted and attainted of High Treaſon by Bill (againſt Law, and the great Charter) without ever being called to anſwer, or any legal hearing, for the Treaſons therein expreſſed, according …o his own intentions to have thus proceeded againſt others without legal tryal. In the Parliament of 33 H. 8. c. 21. Queen Katherine, & Jane, Lady Rochford were convicted and attainted of High Treaſon by Bill, to which Act the king was enabled to give his royal aſſent, by Letters Patents, ſigned by him under his hand with his great Seal, notified and publiſhed in the HIGHER HOUSE, to the Lords Spiritual and Temporal, and the Commons there aſſembled, without comming to the Houſe in perſon to give his royal aſſent thereto. In the Parliament of 2 & 3. Ed. 6. ch. 17. Sir william Sharington Knight being indicted and attainted of High Treaſon, for forging and coyning of mony called Teſtons, his attainder was confirmed by Act of Parliament and his lands forfeited. And ch. 18,Nota. Sir Thomas Seymor Lord Seymor of Sudley, and high Admiral of England, for his trayterous aspiring to the Crown of this Realm, and to be King of the ſame, and for compaſſing and imagining by open Act to deprive the King of his royal eſtate, and title of his Realms, and for compaſſing and imagining the death of his Noblemen, and moſt trayterouſly to take away and deſtroy all things which ſhould have ſounded to the let or impediment of this his moſt trayterous and ambitious enterpriſe (as the Act recites;) and for other his miſdemeanors, innumerable untruths, falſhoods, deceiptfull practiſes, outrages againſt the King, oppreſſion, & manifeſt extortion upon the Subjects of the Realm, was adjudged and attainted of high Treaſon by Bill, and to ſuſtain ſuch pain of death, and other forfeitures, aes in caſes of High Treaſon have p. 199been uſed being a Member ſo unnaturul: unkind, and corrupt, and ſuch a heynous offender of his Majeſty and his Laws, that he cannot nor may not conveniently be ſuffered to remain in the body of the Commonwealth, but to the extreme danger of the Kings Highneſs, being the head, and of all the good Members of the ſame, and of too pernicious and dangerous example, that ſuch a perſon ſo bound to his Majesty by ſundry great benefits, and ſo forgetfull of them, and ſo cruelly and urgently continuing in his falſe and treacherous intents and purpoſes againſt his Highneſs, and the whole eſtate of his Realm, ſhould remain among us.

In the Parliament of 1 Mariae ch. 1. the Attainder of Queen Katherine is reverſed by Bill; and ch. 16. the Attainders of John Duke of Northumberland, Thomas Cranmer Archbiſhop of Canterbury, William Marqueſs of Northampton, John Earl of Warwick, Sir Ambroſe Dudley, with other Knights and Gentlemen, formerly convicted and attainted of Treaſon, according to the Law of the Realm, for their deteſtable and abominable Treaſons, in proclaiming and ſetting up Queen Jane, to the peril and great danger of the perſon of Queen Mary, and to the utter loſs, diſheriſon, and deſtruction of the Realm of England, if God in his infinite goodneſs had not in due time revealed their trayterous intents (as the Act recites) at the Petition and with the aſſent of the Lords Spiritual and Temporal, and Commons in Parliament, were confirmed and ratified by a ſpecial Act. In the Parliament of 29 Eliz. c. 1. the Attainders of Thomas Lord Paget, Sir Francis Englefield, and ſundry other Knights and Gentlemen, who were lawfully indicted, convicted, and attainted of many unnatural, deteſtable and abominable Treaſons, to the fearfull peril and danger of the deſtruction of the Queens Majeſties perſon, and of the Realm, were confirmed by a ſpecial Act, and ch. 3. there is another Act, to avoid fraudulent aſſurances, made in certain caſes by Traytors. In the Parliament of 3 Jacobi, ch. 2. Sir Ever…rd Digby, Robert Winter, Guy Fawkes, Robert Cates…y, and all the reſt of the Gunpowder Traytors who p. 200undertook the execution of the moſt barbarous, execrable and abominable Treaſon that could ever enter into the hearts of moſt wicked men, by blowing up the Lords Houſe of Parliament, with the King, Queen, Prince, Lords Spiritual and Temporal, Judges, Knights, Citizens, and Burgeſſes of Parliament, therein aſſembled; were attainted of High Treaſon, and their former attainders and convictions confirmed by a ſpecial Act: And in this very laſt Parliament, the **See Straffords tryal.Earl of Strafford Lord Deputy of Ireland, and **See my Canterburies Doom.William Laud Archbiſhop of Canterbury, after judgement of high Treaſon, upon their ſeveral impeachments and trials given againſt them by the Lords in their Houſe, were likewiſe attainted of Treaſon, and their judgements ratified by a ſpecial Bill and Ordinance, to which the Commons aſſented, as well as the Lords; their aſſents to Attainders, by way of Act or Bill being ſo neceſſary, that if the King in Parliament Wills, that ſuch a man ſhall be attainted of Treaſon and loſe his lands, and the Lords aſſent, and nothing is ſpoken of the Commons in the Bill, this is no Act nor, good Attainder in Law, and the petſon ſhall be reſtored by the opinion of all the Judges, 4 H. 7. f. 18. Broke Parliam. 42. Fitz. 3.7 H. 7.14. 11 H. 7.27. Broke Parliam. 107. Plowden 79.32 H. 6.18. As the Commons in our Engliſh Parliaments have aſſented to all theſe and ſome other Bills, and Acts of Attainder cited in Sir Edward Cooks 4 Inſtitutes, ch. 1, 2. and Mr. St. Johns Argument at Law concerning the Bill of Attainder of High Treaſon of Thomas Earl of Strafford, printed by Order of the Commons Houſe 1641. So I find that the Commons in Ireland have done the like in the Parliaments held in Ireland, as the Printed Statutes of Ireland 28 H. 8. c. 1. for the Attainder of the Earl of Kildare, and others of High Treaſon. 11 Eliz. ch 1. for the Attainder of Shan O Neyle and others of High Treaſon, of 13 Eliz ch. 6. & 7. for the Attainders of Fi…zgerald and others of High Treaſon, Of 27 Eliz. ch. 1. for the Attainders of Iames Euſtace and others of High Treaſon, of 28 Eliz. ch. 8. & 9. for p. 201the Attainders of the Earl of Deſmond, John Brown and others, and of 11 Jacobi ch. 4. for the Attainders of the Earl of Tyrone and others of High Treaſon, for their ſeveral rebellions, inſurrections, wars, againſt their Soveraigns, and other Treaſons mentioned in theſe reſpective Acts, abundantly evidence.

But yet the Commons aſſents to all theſe Bills of Attainders in caſes of high Treaſon, did not inſtitute them Judges of theſe perſons, nor give them any ſhare in the judicial right and power of Parliaments, 1. Becauſe moſt of theſe perſons thus attainted by Bill, were Queens, Dukes, Earls, Lords, Barons, and Peers of the Realm, who were triable & to be judged only by their Peers, & none elſe, by the Common Law of England, Magna Charta, c. 29. and ſundry other Acts, not by the Commons, who are not their Peers.

2ly. Becauſe moſt of theſe parties thus attainted by thoſe Bills, were firſt attainted, tried, judged, condemned in Parliament by the Lords alone, as their proper Judges, upon the complaints or impeachments of the Lords Appellants, or of the Commons themſelves, or elſe before ſome other Judges, upon indictments and legal tryals; and thoſe Acts did only confirm and ratifie their precedent attainders recited in them.

3ly. Becauſe in many of theſe Acts the Commons did only petition, that their Attainders might be ratified by Bill, and the King and Lords aſſents thereto, which was done at their requeſt as Petioners, not Judges.

4ly. Becauſe their Judgements and Attainders, paſſed formerly by the Lords and Judges, were good in Law, though thus ratified afterwards by Bill, for the greater terror, certainty, and ſatisfaction; and theſe Bills did paſs no new Judgements and Attainders upon the parties, but only ratifie the old; and in caſes where there was no precedent Attainder, they attaint them only by vertue of their Legiſlative power, without any indictment, tryal, or hearing of the parties themſelves, as Judges of them (ſome of them being dead when attainted) taking all the p. 202charges in the Bills pro confeſſo, and notoriouſly true, and proved ſuch by ſome other precedent legal convictions and evidences.

2ly. There is a formal proper Judgement given in our Parliaments both in criminal and civil cauſes, upon complaints, Articles, Petitions, Impeachments, Inditements, Informations, Writs, Appeals, Reports, References, and that either againſt or concerning Peers themſelves, or againſt or concerning Commoners, and other Laicks or Clergymen. And in all ſuch caſes, proceedings, the King and Lords alone have a proper judiciary power or right of Judicature without the Commons, veſted in and executed by them, which I ſhall abundantly evidence and make good by ſundry memorable Preſidents out of our Hiſtories and Records in all ages, not vulgarly known, and for the moſt part never yet remembred by any who have wri…ten of our Parliaments, and the proceedings in them, whoſe Treatiſes are very ſlight, unſatisfactory, and in many things of this nature, erronious.

I ſhall begin firſt with preſidents concerning Eccleſiaſtical & Temporal Lords alone, proceeded againſt, impeached, judged, cenſured in our Parliaments for ſundry criminal cauſes, Offences, Treaſons, wherin the Houſe of Commons can challenge no ſhare or voice in the Judicature, (eſpecially in the caſe of Temporal Lords, who are ſuch in their own right, and ſit in Parliament ratione Nobilitatis) but the Lords alone, and that by the expreſs Letter and Reſolution of the Great Chariers of King John, and of King Henry 3. and Ed. 1. c. 14.29.15 E. 3. c. 2, 3, 4. and ro…. Parl. n. 6.8.11 R. 2. rot. Parl. n. 6, 7.5 H. 4. rot. Parl. n. 12.28 H. 6. ror. Parl. n. 51, 52, 53. 20 H. 6. c. 9.26 H. 8. c. 13.28 H. 8. c. 7.18.31 H. 8. c. 12.32 H. 8. c. 4.33 H. 8. c. 12, 20, 23.35 H. 8. c. 2.1 Ed. 6. cap. 12. 1 Mar. c. 6.1 & 2 Phil. & Mar. c. 3.4 & 5 Phil. & Mar. c. 4.1 Eliz. c. 1.5.5 Eliz. c. 11.13 Eliz. c. 1.14 Eliz. c. 1, 2, 3. 18 El. c. 1.23 El. c. 1, 2.27 El. c. 2.3 E. 3.19. Fit: Corone 16….1 H. 4.1.10 E. 4.6. Brooke Trial 142. Stamford▪ l. 3. c. 1. f. 152.33 H. 8. Brook… p. 203Trial 142.34 H. 8. Bro: Corone 172.13 H. 8.11. Br. Treaſons 29.38 H. 8. Br. Treaſons 2.33. Dyer 99.107.208.360. Cook 6 Rep. f. 52.9 Rep. f. 30.87. and Cooks 2 Inſtit. f. 28, 29, 48, 49, 50. and his 3 Inſtit. c. 1. & 2. p. 27, 28, 29.30, 31. All which declare, enact, reſolve, That the Peers of this Realm ſhall not be tried or proceeded againſt, but only by the lawfull judgement, and verdict of their Peers. The Lords and Barons of Parliaments trial by Peers alone of their own rank, being ſo eſſential, that they cannot waive, nor put themſelves upon the trial of the Country, by 12. ordinary Freeholders, as was reſolved in the Lord Dacres caſe, Pa. 26 H. 8. Cooks 3 Inſtitutes, f. 30. much leſs then can they waive their Peerage it ſelf, and ſit as Commoners in the Commons houſe, as I have formerly proved.

The firſt preſident I meet with in our Hiſtories of this nature, is in the reign of Caſſibelan the Britiſh King, who having repulſed Julius Caeſar upon his firſt landing in this Iſland and forced him to return into France, (a)(a)Galfridus Monum: hiſt. l. 4. Porticus Verunnius, Hiſt. Brit. l. 4. Mat. Weſtm. Flores Hiſt. p. 66, 67. Fabian, Holinſhed, Grafton.Edictum fecit ut omnes Proceres Britanniae convenirent; to the City of …roynovant, now London: where Evelin, nephew to Androgens Duke of Troynovant, ſlaying Heralgas nephew to Caſſibelan, upon a ſudden quarrel as they were playing together, Caſſibelan thereupon commanded Evelin to be brought before him, talem ſententiam quam Proceres regni judicarent ſubire: which Androgeus oppoſing, …aying ſeſe ſuam Curiam habere, & in illa diffiniri debere quicquid aliquis in homines ſuos clamaret; thereupon Caſſibelan threatned to waſte his Country with fire and ſword, if he refuſed to deliver up his Nephew to juſtice, to undergo the ſentenc… quam Proceres dictarent: which he accordingly executed, for refuſing to put his Nephew upon the Trial and Judgement of the Nobles for this murder.

The next preſident I find, is that of (b)(b)Will. Malmsburienſis de Geſtis Pontif. Angl. l. 3. p. 264. to 269. Chron. Johan. Bromton, col. 792. to 795. Mat. Weſtm. Anno 692.711. Fox Acts and Mon. Vol. 1. p. 160, 161. Stubs and Godwin in Wilfrids life.Wilfrid Archbiſhop p. 204of York, who for refuſing to divide his Biſhoprick into two Biſhopricks more, and for endeavouring to perſwade Queen Emburga, to become a Nun, and deſert her husband Egfrid, King of Northumberland, was through that Queens malice and proſecution in two ſeveral Parliamentary Councils Anno 678. & 692. twice deprived of his Archbiſhoprick and baniſhed the Realm, by King Egfrid, Theodor Archbiſhop of Canterbury, and the reſt o… the Biſhops and Nobles of the Realm aſſembled in theſe Councils; and at laſt reſtored to his Archbiſhoprick again, in another Council, An. 705. by King Oſred his will and conſent.

About the year of our Lord 924. (c)(c)Willelm. Malmburienſis de Geſtis Reg. Angl. l. … ▪ c. 6, p. 62. Spelmanni Concil. p. 407, 408. Speed p. 396.Elfred a Nobleman, who oppoſed Aethelſtans title and election to the Crown, though in vain, intended to ſeiſe upon him at Wincheſter, and put out his eyes; but his Treaſon being diſcovered, he was apprehended and ſent to Rome to purge himſelf thereof by Oath: where he abjuring the fact before the Altar of St. Peter in the preſence of Pope John the 10th. fell down ſuddenly to the ground as dead, and being thereupon carried away thence to the Engliſh School, he there expired within 3 dayes after. The Pope acquainting the King therewith, and craving his advice, what to do with him, and whether he ſhould have Chriſtian burial? the King thereupon aſſembled a Council of the Nobles of his Realm, at whoſe inteaty he granted him Chriſtian burial; but for this his Treaſon, they confiſcated all his Lands great and ſmall to the King, who by their conſent granted them all to the Abbey of Malmsbury by his Charter: wherein he recites Elfreds Treaſon, death, and the judgement given againſt him by the Nobles: adding Sciant Sapientes regionis noſtrae, non has praefatas terras me in iuste rapuiſſe, rapinamque Deo dedicaſſe▪ ſed ſic eas accepi quemadmodum judicaverunt omnes Optimates regni Anglorum: et ſic adjudicata eſt mihi tota poſſeſsio ejus in Magnis et Modicis. Here we have a direct judgement given againſt Elfred after his death, by all the Nobles of the Realm aſſembled in a Parliamentary Council, for Treaſon againſt the King, for p. 205which they adjudged, he ſhould forfeit all his Lands to the King: whoſe ſeiſure of them by this legal judgement, was no rapine, but a juſt and legal perquiſite, which he in gratitude dedicated unto God.

(d)(d)Mat. Weſt. Sim. Dunelm. Florent. Wigorn. Hoveden, Bromton. an. 985.986▪ 992, 993. Malmsb. de Geſtis Regum l. 2. c. 10.Anno 985. as ſome; or 986. as others relate, King Ethelred baniſhed Alfric Duke of Mercia ▪ out of the Realm: the cauſe and manner thereof, not expreſſed by our Hiſtorians, is thus recited in King Ethelreds Charter to the Abbot of Abingdon, in the Leiger book of Abingdon, f. 91. that Alfric had forcibly raviſhed and taken away, Willemetrant and Syrene from a widdow named Eadfeild, for which he was baniſhed: after which being recalled, and made one of the Kings Admirals againſt the Danes, Anno 992· he played the Traytor and revolted to the Danes, as our Hiſtorians record; for which Treaſon, & as that Charter recites; quia cum Ducatu ſuo contra Regem Ethelredum reus exstitit, omnes poſſeſsiones ejus Regis ditioni ſubactae ſunt: and that by the Lords judgement given in a COUNCIL at CIRENCESTER: ſtiled Synodale Concilium ad quod omnes Optimates mei ſimul in unum convenerint, et eundem A…fricun Majeſtatis reum, de h…c patria profugum, expu…erunt: by whoſe Judgement, as he ſeiſed his Dukedom and Lands there adjudged to be forfeited for his Treaſon, it is likewiſe probable he cauſed the Eyes of Algarus, ſon of this Traytor Alfric to be put out: An…o 993. when this Council at Cirenceſter was held, as I conjecture.

In a great Parliamentary Council held at Oxford, (b)(b)Malmsb. de Geſt. Reg. l. 2. c. c. 10. Fl. Wigor. p. 382. Mat. Weſtm. p. 395. Hoveden, p. 433.Anno 1015. King Ethelred cauſed ſome Nobles of the Daniſh race, whereof Sygeforth and Morcar were chief, to be ſuddenly and ſecre…ly ſlain and put to death, as being noted and accuſed of Treaſon and Perfidiouſneſs towards the King; who thereupon ſeiſed upon their Earldoms, Lands and Goods.

King Cnute (c)(c)Aethelredus Abbas de Geneal. Regum Angl. col. 965, 966. Flor. Wigornienſis, p. 389▪ 390. Simeon Dunelmenſis, col. 175, 176. Hoveden, p. 436. Hen. de Knyghton de Eventibus Angl. l. 1. c. 3. Polychron. l. 6. c. 18. Hen. Huntindon, Hiſt. l. 6. p. 363.Anno 1017. by his precepts aſſembled all p. 206the Biſhops, Dukes, Princes and Nobles of the Engliſh Nation in a Great Parliamentary Council at London, where they all ſwore allegeance and homage to Cnute as their King, totally rejected, abjured Edmond Ironſides Sons and Brothers, (right heirs to the Crown;) againſt their former Oaths of Allegiance to them, and by wicked advice, ad…udged Prince Edwin to be baniſhed the Realm, and Edmond Ironſides Sons to be ſent beyond the ſeas, to be ſlain by the Barbarians; for which, by divine retaliation, …he chiefest of them within one year after, were ſlain or baniſhed the Realm by King Cnute, whom they endeavoured to ingratiate and ſecure by this their unjuſt ſentence. The (d)(d)Col. 937, 938.Chronicle of Bromton, (e)(e)Part. 6.Caxton in his Chronicle, and (f)(f)Titles of Honor, part. 3, ch. 5. Sect. 6. p. 634.Mr. Selden, record this memorable proceeding in an Appeal of Treaſon againſt Earl Godwin in a Parliamentary Council held about the year 1043. Godwin Earl of Kent being enforced to fly into Denmark to preſerve his life, for the murder of Prince Alfred, Brother to King Edward the Confeſſor, hearing of Edwards piety and mercy, reſolved to return into England, humbly to implore his mercy and grace, that he might regain his lands then confiſcated for it; having provided all things for his journy he put to Sea, arived in England, and poſted to London, where the King then held a Parliamentary Council wi…h all his Nobles. Comes Godwinus uſque Londonias ubi Rex et omnes regni Magnates ad Parliamentum tunc fuerant, properavit, rogans ibi et petens amicos & conſanguineos ſuos, qui post Regem majores terrae fuerunt, ut gratiam et amicitiam à Rege ſibi perquirere studerent. Qui ſuper hoc conſilio inter eos deliberato, ipſum coram Rege pro grat…a obtinenda ſecum duxerunt. Sed ſtatim cum Rex eum intuitus eſſet▪ De proditione et morte Alfredi fratris ſui, ipſum appellavit in haec verba. Proditor Godwine ego te appello de morte Alfredi fratris mei, quem proditionaliter occidiſti. Cui Godwinus ſe excuſando respondit. Domine mi Rex, ſalva reverentia et gratia veſtra, pace & dominatione, fratrem veſtrum unnquam prodidi veloccidi; unde ſuper hoc pono me in conſideratione Curiae veſtrae. Tunc d…xit Rex, Kariſſimi Domini, Comites et Barones p. 207terrae: qui eſt…s homines me… liget modo hic congrega…, & appel…um meum reſponſumque Godwini audiſti…, Volo, quod inter nos in iſta appellatione rectum judiciam decernatis et debitam juſtitiam faciatis: Comitibus vero et Baronibus ſuper hoc ad in vicem tractantibus, quid…m inter eos de juſto judicio faciendo diverſimodo ſentiebant: Alii enim a…cebant ; Quod nunquam per homagium, ſervitium, ſeu fidelitatem Godwinus Regi exſtitit alligatus▪ et ideo Proditor ſuus non fuit; & quod ipſum etiam manibus fuis non occiderat. Alii vero dixerunt: Quod Comes, nec Baro, nec aliquis Regi ſubditus bellum contra Regem in appellatione ſua-de Lege poteſt vadiare, ſed in toto ponere in miſericordia ſu…, et emendas ſibi of…er…e competentes. Tunc Leofricus, Conſul Ceſtriae▪ probus homo quoad Deum & ſeculum, dixit: Comes Godwinus, poſt Regem & homo melioris parentelae totius Angliae, et dedicere non poteſt, quin per conſilium ſuum Alfredus frater Regis interemptus fuit; unde per me conſidero, qúod ipſemet & filius ſuus, et nos omnes 12. Comites, qui amici et conſanguinei ſui ſumu…, coram Rege humiliter procedamus, onerati cum tanto auro et argento quantum inter brachia ſua quilibet noſtrum poterit bajulare, illud ſibi pro ſu… tranſgreſin afferendo, et ſuppliciter deprecando, ut ipſe malevolentiam ſuam, rancorem et iram Comi…i con onet: et acce… tis homagio ſuo & fidelitate, terras ſuas ſibi integre reſtituat e… retradat. Illi au…em omnes ſub ista forma theſauro ſe onerantes, et ad Regem acced…ntes, ſeriem & modum conſiderationis eorum ſibi demonſtr…bant. Quorum conſiderationi Rex contrad…cere nolens, quicquid judicaverant per omnia ratificavit: Concordia igitur ſub iſto modo inter eos facta, Comes ſtatim reobtinuit integreterras ſuas (f)(f)See the 3. Part of my Seaſonable Legal and Hiſtorical Vindication, &c. p. 273. to 277.By this notable preſident it is moſt apparent: That the Peers and Barons in Parliament, were then the ſole and only Judges, and gave judgement in it: That Peers in the Confeſſors reign and before, were only to be tried, judged by their Peers: and that their Judgement and reſolution was binding even to the King himſelf, who ought to aſſent to and confirm their judgements given in his own Appeal and particular caſes.

p. 208(g)(g)Malmsb. de Geſtis Regum, l. 2. c. 13. Mat. Weſtm. Wigornienſis, Hoveden, Bromton, an. 1051. Huntindon Hiſt. l. 6. p. 366, Holinſhed, Grafton, Fabian, Speed.In the year of our Lord, 1051. this Earl Godwin refuſing to execute King Edwards unjuſt command, to fall with his Army upon the Inhabitants of Dover, upon the complaint of Euſtace Earl of Boloigne, whoſe men they ſlew in an affray raiſed by their own inſolency and abuſe; conceiving it to be unjuſt to condemn and execute them before a Legal hearing, trial and conviction, upon a meer accuſation; thereupon Euſtace and the Normans accuſed Godwin and his two ſons, Harold and Swain, to the King, that they diſobeyed and went about to betray him. Wherefore, TOTIUS REGNI PROCERES, all the Nobles of the Realm were commanded to meet together at Gloceſter, that the buſineſs might be there debated in a Great Parliamentary Aſſembly. Syward Earl of Northumberland, Leofri… Earl of Mercia, and all the Nobility of England there meeting upon this occaſion; Godwin and his two ſons only abſented themſelves, thinking it not ſafe to come thither without a ſtrong armed guard: upon this they raiſed a great Army under a pretence to curb the Welſhmen, marching with their forces into Gloceſterſhire as farr as Beverſton Caſtle. Whence he ſent a Meſſage to the King, to deliver up to him Earl Euſtace, with his Companions, and the Normans and Bononians who kept Dover Caſtle, elſe he would denounce war againſt him. The King having raiſed a powerfull Army, returned him this anſwer; That he would not deliver them up to him: withall commanding him and his Sons to come unto him on a ſet day, to anſwer his raiſing of an Army againſt him, and diſturbing the Peace of the Realm without his licenſe, and to ſubmit himſelf to the Law for the ſame. At laſt to prevent a bloudy battel, by the mediation of the Nobles of England (engaged on both parties in this quarrel) it was agreed, that hoſtages ſhould be given on both ſides, and that the King and Godwin ſhould meet in another Parliamentary Council at London on a certain day, to plead one with another: where ſuch a Council (or Parliament as our Engliſh later Hiſtorians ſtile it) being aſſembled: Godwin and his ſons were ſummoned to appear therein only with 12 men to attend them: which they thinking p. 209both unſafe and diſhonourable to them, refuſed to appear without hoſtages and pledges alſo given for their ſafety, refuſing to ſurrender their Knights fees to him; the King for their contempt to appear and juſtifie themſelves in his Court of Parliament, thereupon in ſuo Concilio communi Curiae ſuae judicio; by the Common Council and Judgement of his Court (of Parliament) baniſhed Godwin and his 5. Sons out of England: and a Decree was publiſhed, that they ſhould depart w…thin 5. days out of England; Which Judgement and Outlawry againſt them, was given in Parliamento pleno, as Radulphus Ciſtrenſis in his Poly…h…onicon, Henry de Knyghton, de Eventibus Angliae, l. 1. c. 11. and other Hiſtorians inform us. Godwin and his Sons hereupon departing the Realm, infeſted it both by Sea and Land, till at laſt raiſing a potent Navy and Army, to prevent further danger and effuſion of blood; the King by the COUNCIL OF HIS NOBLES aſſembled for that purpoſe; reverſed the unjuſt Judgements given againſt them, reſtored them to their Lands, Honors, Powers, and baniſhed thoſe Aliens who gave the King ill Counſel, and incenſed him againſt Godwin and the Engliſh.

(h)(h)Henry Huntindon Hiſt. l. 6. p. 366. Polychron. l. 6. c. 20 Chron. Johan. Bromton, col. 445.King Edward Anno 1055. Habito Londini Concilio, holding a Parliamentary Council with his Prelates and Nobles at London, baniſhed Algarus Son of Leofric Earl of Mercia out of the Realm (i)(i)Hen. de Knyghton, de Event. Angl. l. 1. c. 11. Willelmus Malmsburienſis, de Geſtis Regum, l. 2. c. 23.Quia de Proditione Regis in CONCILIO CONƲICTUS fuerat; becauſe he was convicted in the Council of Treaſon againſt the King; as ſome Hiſtorians write: yet Florentius Wigornienſis, Simeon Dunelmenſis, Hoveden Henry de Knyghton, and others affirm, that he was baniſhed ſine culpa, without any crime at all: whereupon he coming with 18 ſhips out of Ireland, joyned with Griffin King of Wales, raiſed a great Army and invaded England; whereupon by agreement he was reſtored by the King to his Earldom: After which, (k)(k)Ingulphi Hiſt. p. 898. Wigornienſis, Simeon Dunelmenſis Hoveden, anno 1055, 1058.Anno 1058. he was baniſhed the ſecond time, and by th… p. 210ayd and aſſi…tance of Gr…ffin, reſtored again to his Earldom (whereof he was unjuſtly deprived.)

In the year 1074. **Hoveden, Annal. pars prior, p. 456, 457. Simeon Dunelmenſis, col. 208, 209. Florent. Wigornienſis, Huntindon, Bromton, Holinſhed, Speed, Daniel and others, Anno 1174, 1075.Waltheof Earl of Northumberland, with ſundry other Earls, Biſhops and Abbots, and other Eng…iſhmen, meeting together at the mariage of Earl Ralph to the daughter of William Fitz O…bert, conſpired together againſt King William the firſt (then in Normandy) to expell him out of his kingdom, reputing it a great diſhonour, that an illegitimate Baſtard ſhould rule over them: for which purpoſe they raiſed forces and confederated themſelves with the Danes and Welſhmen. But being reſiſted by the Kings party and routed; thereupon the King poſting into England, impriſoned Roger Earl of Hereford, and Earl Waltheof, though he revealed the whole conſpiracy to Archbiſhop Lanfranke, and ſubmitted himſelf to the King before it brake out, by which means it was timely ſuppreſed. The King the next Nativity of our Saviour following, CURIAM SUAM TENUIT held his Court (of Parliament) at Weſtminſter; wherein, Ex eis, qui contra eum cervicem ſuam erexerant, de Anglia quoſdam exlegavit, quoſdam eru…is oculis, vel manibus truncatis, deturbavit; Comites vero Walt…eolfum & Rogerum JUDICI ALI SENTENTIA DAMNATOS arctiori cuſtodiae mancipavit; and the next year 1075. Comes Waltheofus ju…ſu Regis Willielmi extra Civitatem Wintoniae ductus eſt indigne, et crudeliter ſecuri decapitatur, et in eodem loco terra obruitur et in bivio ſepelitur. Sir Edward Cook in his 2. Inſtitutes p. 50. affirms, that this Roger Earl of Hereford was tried BY HIS PEERS, and found guilty of this Treaſon, PER JUDICIUM PARIUM SUORƲM: who was thereupon impriſoned all the days of his life. If then this Court thus held, was a Parliament, and thoſe Earls there tried and found guilty of Treaſon in it by their Peers even under the Conqueror himſelf; it is a moſt pregnant Authority to prove; that Peers are triable only by their Peers in Parliament; that they are the only Judges in Parliament in caſes of Treaſon, and did then give ſentence of baniſhment, and pulling out the eyes, and p. 211cutting off the hands of Traytors of inferiour condition, as well as ſentence of death, decapitation, and perpetual impriſonment againſt thoſe two Earls.

(k)(k)Florentius Wigornienſis, Mat. Weſtm. Mat. Paris, Bromton, Simeon Dunelmenſis, Hoveden and others, Anno 1070.Anno 1070. There was a GREAT COUNCIL held at Wincheſter, jubente & praeſente Rege Gulielmo, wherein Si…gan… Archbiſhop of Canterbury, his Brother Biſhop Agelmar, and lundry Abbots were degraded for many pretended rather than real crimes and miſdemeanours, operam dante Rege ut quamplures ex Angliis ſuo honore privarentur, in quorum loco ſuae gentis perſonas ſubrogavit, in confirmationem ſui (quod noviter acquſierat) regni. Hic & nonnullos tam Epiſcopos quam Abbates, quos nulla evidenti cauſi, nec Concilia, nec leges ſeculi damnabant, ſuis honoribus privavit, & uſque ad finem vitae cuſtodiae mancipatos detinuit, ſuſpicione tantum inductus novi Regni: As Florentius Wigornienſis and others inform us. And in another (l)(l)Florentius Wigornienſis, Anno 1070, p. 435, 436. Mat. Paris, Hoveden, Huntindon, Simeon Dunelmenſis Bromton.Council held the ſame year at Windſore, Biſhop Agelric (for pretended crimes) was uncanonically degraded, without any fault, and preſently after ſent Priſoner to Marlebridge: In this Council many Abbots were likewiſe degraded, and Norman Monks put in their places.

In the 7 year of William Rufus, (m)(m)Eadmerus Hiſt. Nov. l. 1. p. 25. to 32. Antiquitates Eccleſ. Brit. p. 101, 102. Gul. Malmesbury de Geſtis Pontif. Angl. l. 1. p. 219 to 230, Speeds Hiſtory, p. 462, 463, 464: Holinſhed, vol. 3. p. 22, to 36.Anno Dom. 1094. there fell out a great difference between the King and Archbiſhop Anſelm upon this occaſion. The King alleged that it was the royal prerogative of him and his Anceſtors, That no man without his licenſe or election ſhould nominate or acknowledge any one within the Realm of England, to be a lawfull Pope, or yield obedience to him as Pope: and that whoſoever would deprive him of this royal prerogative, it was all one as if he endeavoured to deprive him of his Crown. Anſelm whiles he was Abbot of Becca in Normandy, before he was made Archbiſhop of Canterbury, had acknowledged Urban to be lawfull Pope, whom the King had nor yet received as Pope, and reſolved to receive his Pall from him, and by no means to recede from this his ſubjection and obedience to him. Upon which occaſion the King being p. 212highly diſpleaſed with him, proteſted, That Anſelm could not poſſibly keep that allegiance which he owed to him, and likewiſe his obedience to the Apoſtolick See, againſt his will, they being inconſiſtent together; and thereupon reputed him a Traytor to his Crown and dignity. Anſelmus igitur …e…ivit inducias ad iſtius rei examinationem quarenu… Epiſcopis, Abbatibus, cunctiſque regni Principibus una coeuntibus communi aſſenſu definiretur; …rum ſ…lva reverentia & obe…ientia ſedis Apoſtolicae poſſit fidem Regi terreno ſer…are, an non? Quod ſi probatum inquit, fuerit, utrumque fieri minime poſſe, fate or malo terram tuam, donec Apoſtolicum ſuſcipias, exeundo devitare, quam beati Petri ejuſque Vicarii obedientiam vel ad horam abnegare. Dantur ergo induciae atque ex Regis ſanctione firme totius Regni Nobilitas quinto Id. Martii, pro ventila…ione iſtius cauſae in unum apud Rochingh…ham coit. All the Biſhops, Abbots and Nobles being there aſſembled in a Parliamentary Council, this controverſie between the King and Anſelm being ſtifly debated for many days, The King required, and the Biſhops and Nobles much preſſed Anſelm, ſingly to ſubmit himſelf to the Kings Will, without any ſaving of his obedience to the Pope: which he peremptorily refuſed, this being the ſum of his anſwer to the Biſhops and Nobles. Cuncti noveritis in communi, quod in his quae Dei ſunt, Vicario be ti Petri obedientiam; & in his quae terrenae Domini mei Regis dignitati jure competunt; & fidele conſilium & auxilium propenſus mea capacitate impendam. The King extremely incenſed with his anſwer, moſt intirely inquired of his Biſhops and Nobles; what he ſhould object againſt his ſpeeches? After much conſultation they agreed upon an anſwer; telling Anſelm, Noveris totum regnum conqueri adverſum te, quod noſtro communi Domino conaris decus Imperii ſui, Coronam auferre, Quicunque enim Reg…e dignitatis & conſuetudines tollit, Coronam ſimul & regnum tollit, &c. Whereupon they adviſed him to renounce Urban, and to ſubmit to the King, and crave his pardon for his offence; Which he refuſing, p. 213they perſwad…d the King to give him no longer time to adviſe, if he perſiſte… in his obſtinacy; Sed in eum mox judicii ſententiam invehi, juberet: The King and Biſhop of Durham pre…ed, That he might be deprived of his Ring, Paſtoral ſtaff, and Biſhop…ick, and baniſhed the Realm, if he would no ſubmit to the Kings will; which ſome of the Nobles miſliking (concei…ing, that he being their Superiour and Metropolitan, could not be judged by them, but by the Pope alone) the King ſaid, Quid placeat ſi haec non placent? dum vivo parem mihi in regno utique ſuſtinere nolo, &c. Anſelm thereupon deſired the Kings ſafe conduct, promiſing voluntarily to depart the Realm, but refuſed to reſign his Biſhoprick; which the King refuſed to grant unleſſe he reſigned it: At laſt, by the mediation of the Nobles and Biſhops, the King granted him longer time to conſider of his abſolute ſubmiſſion to him; upon the promiſe of his loyal and peaceable deportment in the interim, and ſo this Parliamentary Council ended, the proceedings whereof are at large recorded by **l. 3. p. 70. &c.Eadmerus, well worth peruſal.

Anno (n)(n)Th. Walſingham Ypodigmae Neuſtriae, p. 33, 34.1095. Robert de Mulbrain, William de Auco, and many others, conſpired to deprive King William Rufus both of his kingdom and life, and to make Stephen Earl of Albemarl King, whom the King having thereupon taken Priſoners by an Army raiſed againſt them, and committed to ſafe cuſtody, till their trial in Parliament.

Anno 1996. 8 days after Epiphany, apud Salisberiam tenuit CONCILIUM; in quo juſſit Gulielmi de Auco, in duello victi oculos eru…re, & teſticulos abſcindere, & dapiferum illius Gulielmum de Alderi, ſuspendi. Comitem Odonem de Campania, praedicti Stephani patrem, & quoſdam alios traditionis participes in cuſtodiam poſuit. Here the King and Lords in a Parliamentary Council, …udge and condemn Traytors to death, impriſonment, or other corporal puniſhment, as well Commons as Peers.

In the year of Chriſt, 1.100. (o)(o)Chron. Jo. Bromton, col. 997. Hen. Huntind. Hiſt. l. 7. p. 378. Mat. Paris, p. 51, 54. Will. Malmesb. de geſtis Pontif. Angl. l. 3. p. 277, 278. Hen. de Knyghton de Event. Angl. l. 2. c. 8. Polychr. l. 7. c. 12. Godwins Catalogue of Biſhops, p. 645, 646, 647. Roger de Hoveden Annal. pars prior, p. 648.Ranulph Flambard Biſhop p. 214of …urham, Conſilio gentis Anglorum, By the Vote of the whole Parliament of England, was clapt up Priſoner in the Tower of London by King Henry the 1. at the importunity of the Nobles, and the innumerable complaints made againſt him, he being the chief Author and promoter of all the evil cuſtoms, extortions, and unjuſt oppreſſions of the Realm and people, exerciſed by King William Rufus (then redreſſed by the Charter of King Henry, made and ratified by the aſſent, advice of his Nobles and Barons) exacting many times twice as much of the people as W…lliam Rufus required, wherewith the K. very well content, would laugh, and ſay, That Ranulph was the only man for his turn, who cared not whom he displeaſed, ſo he might pleaſe his Master. After he had been impriſoned ſome ſpace, he made an eſcape out of the Tower by a rope, hurting his Leg and Arm by a fall from the wall to the ground, the rope being too ſhort; & then eſcaping into Normandy, inſtigated D. Rob. to claim the Crown, and invade the Realm; to his own great loſs, the effuſion of much Chriſtian blood, and great diſturbance and damage of the kingdom; being ad omne ſcelus paratus.

Anno Dom. 1102. (p)(p)Eadmerus Hiſt. Nov. l. 3. p. 67. Wil. Malmesbury de geſtis Pontif. l. 5. p. 220. Antiqu. Eccleſ. Brit. p. 103, 104. Mat. Weſtm. Mat. Paris, Hoveden, Bromton, An. 1102. Simeon Dunelm. col. 227, 228. Radulph. de Diceto, col. 499. Bromton, col. 1000.There was a GENERAL Council held in the Church of St. Peters in Weſtminſter on the Weſtſide of London; Communi aſſenſu Epiſcoporum, et Abbatum, et Principum totius regni: huic conventui affuerunt (Anſelmo Archiepiſcopo petente a Rege) PRIMATES REGNI, quatenus quicquid ejuſdem Concilii auctoritate d…cerneretur, ƲTRIUSQUE ORDINIS concordi cura & ſollicitudine tatum ſervaretur; ſic enim neceſſe erat. I… this Council the Sin of Symony was firſt of all condemned by the authority of the holy Fathers, and Wido Abbot of Peſcore, Wimundus of Taveſtock, and Baldwin of Ramſy, Godric of Burgh, Haymo of Cernel, Egelric of Midleton being therein convicted of Simony, were removed and depoſed for it by this Council, and Richard Abbot of Ely, Robert of St Edmonds and the Abbot of Miſcelen depoſed for other particular crimes and p. 215offence…. A…o… which the King being much incenſed againſt Anſelm and other Biſhops for refuſing to conſecrate thoſe Biſhops whom the King inveſted with a ſtaff and ring, the King and Anſelm having a hot conteſt about it at Canterbury, Ne ipſe perdendo ſuorum jura An…eceſſorum ipſis vilior eſſet: **Eadmerus l. 3. p. 70 &c. Antiq. Eccleſ. Brit. p. 105, 107. See here p. 170, 171. …Anſelm requeſted the King … deferr …he buſineſs till Easter▪ ut aud…to Epiſcoporum, Regni…ue Primatum Concilio, qui modo non aſſunt; responde…m hi… ▪ which the …ing conſenting to, at Easter, communis Concilit vocem unam accepit, that he ſhould goe to Rome to the Pope to procure a repeal of the Canon, made againſt inveſti…ures; and that as the Kings Embaſſador, Regis preces, Regnique negotia Apoſtolicis auribus expoſiturus: Anſelm undertaking the journey to Rome, like an Arch-Traytor, ſo incenſed the Pope againſt inveſtitures, and the King, That William Warenaſt the kings Embaſſador telling him, H… kn…w the King would rather loſe his Crown than this Privilege of Investitures: The Pope thereto replyed; Yea, let him loſe his head alſo if he will, whilſt I live, he ſhall never appoint any Biſhop in his Realm, but I will reſiſt h…m what I may. The King hereupon (by the adviſe of his Nobles) prohibited Anſelm to return into England, and ſeiſed all his Temporalties, and …oods moveable and unmoveable into his hands, keeping him in exile for 9 years ſpace, after which he was conditionally reſtored, at the mediation of the Kings Siſter Adela.

Anno 1106. **Henry de Knyghton, de Event. Angl. l. 2. c. 8. col. 2374. Here p. 172.Robert Duke of Normandy, was firſt adjudged to a ſhamefull cruel death, and after that to have his eyes pulled out, and he kept perpetual Priſoner: and Earl Morton with others adjudged to perpetual priſon, BY THE PEERS, for taking up arms againſt King Henry the 1.

King (q)(q)Will. Malmesbury Hiſtoriae Novel. l. 2. p. 181, 182, 183. Godwins Catalogue of Biſhops, p. 319, 320, 321, 322. Holinſhed, p. 50, 51.Stephen having againſt his own, the Biſhops and Nobles Oaths to King Henry and Maude, uſurped the p. 216Crown, Anno 1199. There were divers rumours ſpread abroad, that Robert Earl of Normandy, and Mawde would invade England, and that Roger Biſhop of Salisbury, and Alexander his Nephew, Biſhop of Lincoln, who were very powerfull, wealthy, and had built, fortified and furniſhed divers ſtrong and ſtately Caſtles, would upon the Empreſs landing ſurrender them to her, and revolt from Stephen to her party, Paternorum ſcilicet beneficiorum memoria inducti, being both advanced and inriched by her father: Whereupon the Nobles oft times wiſhed Stephen to compell them ſpeedily to reſign their Caſtles to him, leaſt he repented too late for not doing it, when they were in the Enemies power. Thereupon the King on the 8 of July apud Oxenford, FACTO CONVENTU MAGNATUM, ſummoned both theſe Biſhops to this Parliamentary Aſſembly; to which Biſhop Roger was very unwilling to come, having a great reluctancy in his mind againſt it; whereupon he excuſed his coming, by reaſon of his age and infirmity: but that would not be admitted, come he muſt, and did. When theſe Biſhops came to Oxford, there fell out a ſudden quarrel between the ſervants of the Biſhops, and the ſervants of Alan Earl of Britain, as they ſate together at the Table, the Biſhops men quarrelling with the Earls, and falling firſt a fighting with one another with their fiſts, and at laſt with their ſwords, a ſore fray was made, divers being wounded on either ſide, and one ſlain; the Earls ſervants being put to ſlight by the Biſhops. The K. taking this occaſion, Conveniri juſſit Epiſcopis, ut Curiae ſuae ſatisfacerent de hoc, quod homines eorum pacem ipſius exturbaſſent: Modus fatisfactionis foret, ut claves caſtellorum ſuorum quaſi fidei vadis traderent. The Biſhops ſaid they were ready to give the King ſatisfaction, but delaying the ſurrendring of their Caſtles, he commanded them to be more ſtrictly watched, leſt they ſhould depart; and the king carrying the Biſhop of Salisbury with him, beſieged his Caſtles till they were ſurrendred to him by compoſition. This act of the king was variouſly interpreted, and p. 217very i…l reſented by all the Biſhops, who thereupon revolted from him, firſt in their affections, and then by their actions to Mande, when ſhe arived, and elected, declared her right heir to the Crown. Henry Biſhop of Wincheſter the Popes Legat, though King Stephens own Brother, publikely to the Kings face, as well as privately, affirmed, Si Epiſ…opi tramitem Juſtitiae in aliquo tranſgrederentur non eſſe Regis ſed Canonum judicium: ſine publico et Eccleſiaſtico Concilio illos nulla poſſeſsione privare debuiſſe: Regem id non ex rectitudinis zelo, ſed commodi ſui compendio feciſſe, qui Caſtella non Eccleſiis, ex quarum ſumptibus, et in quarum terris conſtructa erat, reddider…t; ſed Laicis, eiſdemque parum religioſis, contradiderit, &c. Quapropter vigorem Canonum, experiendum ratus, CONCILIIO quod quarto Calend. Septembris celebraturus erat Wintoniae, fratrem Stephanum, incunctanter adeſſe praecepit. Dicto die omnes fere Epiſcopi Angliae, cum Theobaldo ARCHIEPISCOPO Cantuarienſis, venerunt Wintoniam: In which Counc…l the Bp. of Wincheſter firſt reading his Legats Commiſſion in England granted him by the Pope, and then relating the great indignity done by King Stephen to thoſe Biſhops by impriſoning their perſons and ſeiſing their Caſtles againſt the Canons, demanded the Archbiſhops and Biſhops advice what to do therein: concluding, Se ad executionem Concilii, nec pro Regis amicitia, qui ſibi frater erat, nec pro damno poſſeſſionum, nec etiam pro capitis periculo defuturum. Rex cauſae ſuae non diff…ſus Comites in Concilium miſit, quaerens cur vocatus eſſet? Reſponſum eſt à Legato in compendio: Non debere illum, qui ſe Chriſti fidei ſubjectum meminiſſet, indignari, ſi à miniſtris Chriſti ad ſatisfactionē vocatus eſſet, tanti reatus conſcius, quantum nostra ſecula nunquam vidiſſent, &c. Conſulte vero in praeſentiarum Rex faceret, ſi rationem facti ſui redderet, vel Canonicum judicium ſubiret: Ex debito etiam oportere ut Eccleſiae faveret, cujus ſinu exceptus non manu militum in regnum promotus fuiſſet. Hereupon the Earls departing, having provided an anſwer, returned with one Albric de Vere, an experienced Lawyer: who aggravating the Biſhops offences againſt the King, and p. 218the …ray of their Servants at Oxford in a modeſt manner, without reproach; alleged, that they being accuſed by general reports in all mens mouths, for intending to deliver up their Caſtles to Maud upon her arival, the King had thereupon apprehended and impriſoned them, not as Biſhops, but as his Servants and Officers, and had not taken away their Caſtles by force, but by the Biſhops voluntary ſurrender, ut calumniam de tumultu, quem in Curia coneitaverant, evaderent: That the money found in them, was only that the Biſhops had collected for King Henry his Uncles uſe, and belonged now to his own Eſchequer; and that the Biſhops willingly parted with the mony and Caſtles to him, for fear of the things they had committed againſt the King, who wanted not Witneſſes to prove it. Therefore he deſired the agreements between him and the Biſhops might remain confirmed. Biſhop Roger on the contrary, denyed he was ever the Kings Officer, or received his moneys; adding, Si juſtitiam de rebus ſibi ablatis in illo CONCILIO non inveniret, eam in audientia majoris Curiae q…aerendam. The Legat gently replyed, Omnia quae dicuntur contra Epiſcopos prius in Concilio Eccleſiaſtico et accuſari, & a… vera eſſent, decuiſſet inquiri, quam in indemnes contra Canonum Decreta ſententiam proferri. Rex itaque faciat quod in forenſibus judiciis legitimum eſt fieri, ut reveſtiat Epiſcopos de rebus ſuis. Alioquin jure Gentium, diſſeiſati non placitabunt. After much debate on both ſides, the cauſe was put off 3. dayes one after ano…her till the Archbiſhop of Rhoan came. Is ubi venit, dixit, ſe concedere ut Caſtella Epiſcopi haberent, ſi ſe jure habere debere per Canones probari poſſent; quod quianon poſſent, extremae improbitatis eſſe contra Canones niti velle. Et eſto (inquit) justum ſit ut habeant; Certe, quia ſuspectum est tempus, juxta morem aliarum gentium, Optimates omnes claves munitionum ſuarum debent voluntati Regis contradere, qui pro omnium pace debet militare. Ita omnis controverſia Epiſcoporum infirmabatur. Aut enim ſecundum Canonum ſcita injuſtum eſt, ut habeant Caſtella; aut ſi hoc pro indulgentia principali toleratur, ut tradant claves neceſſitati temporis debent cedere. Albric the Kings p. 219Lawyer added; that the King was informed the Biſhops intended to ſend ſome of themſelves to Rome againſt him: But he adviſe…h none of you to preſume to doe it: for if any of you ſhall preſume to go any whither againſt his will and the dignity of the Realm of England it is provided that his return will be very difficult. Hereupon the Council preſently diſſolved, and ſo ita diſceſſum eſt, ut nec Rex cenſuram Canonum pà…i vellet, nec Epiſcopi eam conſultum exercere ducerent duplici ex cauſa; ſeu quia Principem excommunicare ſine Apoſtolici conſcientia temera…ium eſſet, ſeu quoniam audirent, quidam etiam viderent gladios circa ſe nudari.

(r)(r)Chronicon Gervaſii, col. 1371. Gul. Nub…igen. l. 1. c. 32. Matth. Weſtm. anno 1152. Gervaſ. Dorobern. Act. Pontif. Cant. col. 1668. Antiq. Eccleſ. Brit. p. 117. Godwins Catal. of Biſhops, p. 85, 86. Holinſhed Vol. 3. p. 57, 59. Speeds Hiſtory, p. 496 497.King Stephen in the …ea… 1152. Convocato apud Londonium, Generali Concilio, cum Epiſcopis, Proceribus et Nobilibus Angliae, tum pro Regni negotiis, cum etiam pro negotio vacantis Eccleſiae Eboracenſis; much fearing and ſuſpecting the valour and power of Young Henry Duke of Normandy (right heir of the Crown) ne in primo gradu haereditas caſſaretur, fraude retenta, propoſuit animo filium ſuū Euſtachium, regio diademate inſignire, & de jure debito & jurato Henricum praevenire & penitus privare. This deſign of his being propounded in this Great Council, the Earls and Barons aſſented to it; and thereupon (as Matthew Weſtminſter records) Comites & Barones Angliae fecerunt ligantiam & fidelitatem Euſtachio, filio Regis Stephani. Whereupon King Stephen requeſted Theobald Archbiſhop of Canterbury, with the reſt of the Biſhops, to crown and anoint Euſtace King. Which the Archbiſhop peremptorily refuſed, the Pope having expreſly prohibited him by his Letters; ne filium Regis qui contra jusjurandum regnum uſurpaſſe videbatur, in regem ſublimaret: that he ſhould not crown the Son of a King, who had uſurped the Crown and kingdom, againſt his Oath to Henry the firſt, Queen Maud, and their heirs. Hereupon King Stephen and his Son Euſtace with their complices, being highly incenſed, commanded all the Biſhops with the ſaid Archbiſhop, to be ſhut up in one houſe where they were aſſembled, deſiring to extort that from them by terrors and p. 220threats, which they could not gain by prayers or price. Some of the Biſhops ſtruck with fear, deſerted the Archbiſhops advice, and ſeemed to comply with the King; but the Archbiſhop continuing firm and reſolute in his purpoſe, eſcaping out of the Houſe by a miraculous accident, took his barge, and rowing down the Thames, got beyond Sea, and ſo eſcaped the threats of the King and Euſtace, and defeated him of his much deſired honour. Whereupon the King being more exaſperated than before (by the advice of the Council) preſently baniſhed him the Realm, ſeiſed his Temporalties and confiſcated all his goods: Who by way of revenge ſtirred up Duke Henry, right heir to the Crown, to invade the Realm, the very next year; to whom moſt of the Nobles and people (mindfull of their former Oaths) preſently flocked, deſerting the perjured Uſurper Stephen; who againſt his Oath invaded the crown by the inſtigation alſo of Roger Bp. of Salisbury; who though advanced by King Henry the 1. from a mean condition to the greateſt place and power next to the King; yet proved ſo treacherouſly ingratefull to his heir Queen Maud, to whom he had ſworn allegiance, (ſ)(ſ)Neubrigenſis hiſt. l. 1. c. 6.U… Rege defuncto qui ei tantae in hoc ſeculo claritatis autor extiterat, circ… legitimos ejus haeredes inſidus, ut S…ephanum Sacramento illo aequè aſtrictum allocaret, non ſolum non est veritus iucurrere perjurium, verum etiam aliis inſigne pejerandi praeſtruxit exemplum. And therefore was himſelf as ingratefully and perfidiouſly handled by King Stephen, who impriſoned his perſon and his Nephew Alexanders, Biſhop of Lincoln very ſtrictly, ſeiſed all their magnificent Caſtles, Wealth, Treaſures, & pined them with famine; ſo that this perjured Biſhop for loſs of his Caſtles or Treaſures, fell diſtracted through grief, and died mad de perspicuo Dei judicio vitam longo tempore ſplendidiſſimam infeliciſsimo fine concludens; as Neubrigenſis obſerves.

(t)(t)Chronicon Gervaſii, col. 1386, 1387, Roger Hoveden, annal. pars poſterior, p. 491. to 534. Mat. Paris, p. 94. to 127. Mat. Weſtm. Bromton, ann. 1166 &c. Antiqui. Eccleſ. Brit. p. 118. to 124. Godwins Catalogue of Biſhops, p. 86▪ to 96. Fox Acts and Monum. p. 186. to 206. Speeds Hiſtory, p. 503. &c. Holinſhed, p. 69. to 81.King Henry the ſecond ſucceeding Stephen, Ann. 1164. p. 221to ſuppreſs the uſurpations of the Pope and Prelates on the Crown, ſummoned all the Biſhops, Abbots, Priors, Ea…ls, Barons and Nobles of the Realm to a Parliamentary Great Council a… Clarindon, where they made a recognition of all the antient Cuſtoms and liberties of the Realm, uſed in the reign of king Henry the firſt, which they all took a ſolemn Oath inviolably to preſerve to the King and his heirs for ever, and Archbiſhop Becket amongſt the reſt. The 11 Article was this: Archiepiſcopi, Epiſcopi, & univerſae perſonae regni, qui de rege tenent in capite, habent poſſeſſiones ſuas de Domino Rege ſicut Baroniam, &c. ſicu… Barones caeteri debent intereſſe judiciis curiae Regis, (to wi… of his Court of Parliament, **An Abridgement of the Records in the Tower, p. 322. Seld…ns Titles of honour, part 2 p. 735. 11 R. 2. Rot. Parl. p. 1. m. 2. rot. 34.as the protestation of the Archbiſhop and Prelates in the Parliament of 11 R. 2. rot. Patl. n. 9.11. reſolves it) cum Baronibus, quouſque perveniatur in judicio ad diminutionem Membrorum vel ad mortem, An unanſwerable authority tha… rhe Barons and Peers in Parliament, had antiently, in the reigns of Henry the 1. and 2. and long before, a judicial power even in criminal (as well as canonical) cauſes deſerving loſs of Member or death, and that as well in caſes of Commons as Peers. It is obſervable that though according to this Article the Biſhops in thoſe days did not pronounce ſentence, nor were not actually preſent at the giving of judgement by the other Barons in caſes of blood; yet they took upon them the name of Barons, and were preſent on that account, at all the debates, in criminal cauſes, and gave their votes therein in our Parliamentary Councils, abſenting themſelves only from the ſentence and execution, for which Petrus Bleſenſis Archdeacon of Bath under king Henry the 2. thus juſtly cenſures them. **Canon Epiſcopalis Tractatus de Inſtitutione Epiſcopi Bibl. Patrum, Tom. 12. pars 2. p. 942.944.Quidam Epiſcopi Regum munificentias & eleemoſinas antiquorum, abuſive BARONIAS & REGALIA VOCANT, & in occaſione turpiſſimae ſervitutis, SEIPSOS BARONES appellant; vereor ne de illis quereletur Dominus, & dicat **Oſea 8.4.Ipſi regnaverunt, et non ex me, Principes extiterunt, & ego non cognovi. Scias te aſſumpſiſſe Paſtoris officium p. 222NON BARONES, Cer…e **Gen. 48.38.Gen 48:38Joſeph in Aegypto patrem ſuum & fratres inſtruxit, ut dicerent Pharoni, viri paſtores ſumus. Maluit eos profiteri Paſtoris officium, quam PRINCIPIS aut BARONIS, &c. Vacuum a ſecularibus oportet eſſe animum divinae ſervitu…is obſequio conſecratum, &c. Illud coeleſtem exaſperat iram, et pleriſque diſcrim…n aeternae damnationis accumulat, quod quidam Principes Sacerdotum et Seniores populi, licet non dictent judicia ſanguinis, eadem tamen tractant diſputando ac diſceptando de illis, ſeque adeo immunes a culpa reputant, quod mortis aut truncationis Membrorum judicium decernentes, a pronuntiatione duntaxat, et executione paenalis ſententiae ſe abſentant. (The very words of this Article of Clarindon) Sed quid hac ſimulatione pernicioſius eſt? Nunquid diſcutere & diffinire licitum eſt, quod pronunciare non licet? Certe Saul de morte David multiplici machinatione tractabat, (let others obſerve it) & ut malitiam ſuam ſub umbra innocentiae palliaret, dicebat, **1 Reg. 18.17.1 Kgs 18:17Non ſit manus mea in eum▪ ſed ſit ſuper eum manus Philistinorum. Sane quantum haec diſſimulatio ipſum excuſabat apud homines, tantum apud Deum eundem damnabilius accuſabat; Expreſſa fimilitudinis forma, in CONSITORIO illo, in quo Chriſtus ad mortem damnatus eſt, Phariſaei & Scribae dicebant, **Johan. 18.3.Nobis non licet interficere quemquam: cumque tamen clamarent dicentes, crucifige, ſententiam in eo occiſionis cruentae malignitate dictabant. Quem occidebant gladio linguae, publice proteſtabantur, ſibi occidere non licere: eorumque iniquitas eo ipſo deteſtabilior erat, quia ut evaderent humanum judicium, eam ſimulatione innocentiae occultebant; Animabus praelatus es, non corporibus: nihil Praelato commune eſt cum Pilato: Chriſti villicus es, & Vicarius Petri; nec reſpondere oportet Coeſari, de commiſſa tibi juriſdictione, ſed Chriſto, Quidam tamen per uſurpatas ſeculi adminiſtrationes ſe vinculo curiali obnoxiant, & quaſi renunciaverint ſuae privilegio dignitatis, calculum durioris eventus expectant.

p. 223Theſe Articles of Clarindon were not only ſworn to, but likewiſe ſubſcribed and ſealed by all the Biſhops, except Archbiſhop Becket, who refuſed to ſign or ſet his ſeal unto them, unleſſe the Pope would firſt confirm them by his Bill. The King hereupon ſent two Embaſſadors to Rome unto the Pope, to crave his allowance of theſe Laws; but Becket had ſo dealt with the Pope before hand (who knew the cauſe to be more his own than Beckets) that he rejected the ſute, and withall abſolved Becket and the other Biſhops from the Oath of allegiance they had taken to obſerve them. Whereupon the King being highly offended with Becket; ſummoned a Great Parliamentary Council of the Prelates and Nobles at Northampton, wherein he demanded an account of 30000l, which came to Beckets hands during his Chancellorſhip: which he excuſing, and refuſing punctually to anſwer unto, the PEERS and BISHOPS condemned all his moveables to the Kings mercy. After which the Lords and Peers by joynt conſent adjudged him guilty of perjury, for not yeelding temporal obedience to the King, according to his Oath taken at the Council of Clarindon, The Biſhops thenceforwards openly diſclaiming all obedience to him, as their Archbiſhop: The next day, whiles THE BISHOPS & PEERS were conſulting of ſome further courſe to be taken with him, Becket cauſed to be ſung before him at the Altar, The Princes ſet and ſpeak againſt me, and the Ungodly perſecute me, &c. And forthwith taking his ſilver Croſier in his hands (a thing ſtrange and unheard of before) entred armed therewith into the Kings preſence, though earneſtly diſſwaded from it by all who wiſhed him well; wherewith the King being inraged, commanded the Peers there aſſembled in a Parliamentary Council, to ſit in judgement upon him, as on a Traytor or perjured perſon; who accordingly adjudged him both a Traytor and perjured Rebel, and that he ſhould be forthwith apprehended and caſt into priſon as ſuch a one, and forfeit all his goods and temporalties. The Earls of Cornwal and Leiceſter, who SATE AS JUDGES, citing p. 224him forthwith to hear his ſentence pronounced; he immediately appealed to the See of Rome, as holding them no competent Judges: Whereupon all the Prelates and Nobles reviling him with the name of Traytor and perjured perſon; he replyed, That were it not for his function, he would enter the duel or combate with them in the field, to acquit himſelf from Treaſon and Perjury. And ſo ſpeeding away from them for fear of impriſonment, and diſguiſing himſelf under the name and habit of Dereman, fled in a ſmall Fiſher boat into Flanders; Thereupon the King ſeiſed all his goods and temporalties into his hands, and ſent Embaſſadors to the Earl of Flanders, the French King and Pope, praying them in no wiſe to ſuffer or foſter within their Dominions one that was ſuch a notorious Traytor to him.