Plea for the Lords, Text (1 of 2)

Plea for the Lords · Text (1 of 2)

p. 1A PLEA For the LORDS: OR, A ſhort, yet full and neceſſary Vindication of the Judiciary and Legiſlative Power of the Houſe of Peeres, and the Hereditary juſt Right of the Lords and Barons of this Realme, to ſit, vote, and judge in the high Court of Parliament.

THe treaſonable and deſtructive deſigne of divers dangerous Anabaptiſts, Levellers, Agitators in the Army, City, Countrey, and of Lilburne, Overton, (their Champions and Ring-leaders in this Seditious Plot) to dethrone the King, unlord the Lords, new-modell the Houſe of Commons, extirpate Monarchy, ſuppreſſe the Houſe of Peers, and ſubvert Parliaments, (the onelyonly obſtacles to their pretended Polarchy and Anarchy) are now ſo legible in their many late printed Petitions, Libells, Pamphlets, and viſible in their actings, and publike proceedings, that it rather requires our diligence and expedition to prevent, then heſitancy to doubt or dispute them, they poſitively proteſting againſt and denying both p. 2King and Monarchy, in theiraaA Remonstrance of many thouſand a… zens to their own Houſe of Commons, p. 6. the juſt mans Juſtification, p. 10. Regall Tyranny Diſcovered, A Declaration from his Excellency, and the Generall Counſell of the Army, Ian. 11. 1647. p. 7. Speeches, &c. at a Conference newly publiſhed by Walker, printed verbatim out of Dolman the Ieſuit his Booke, condemned. Pamphlets and Remonſtrances, with the Power and Judicature of the Houſe of Peers, and their undoubted juſt Hereditary right to Vote, act, or ſit in Parliament, becauſe they are not elected by the people as Knights and Burgeſſes are, aſſerting,bbLilburnes Iust Man in Bonds, p. 1, 2. A Pearl in a Dunghill, The Free-mans Freedome Vindicated, An Anatomy of the Lords Tyranny, his Argument and Plea before the Committee againſt the Lords Authority, his Petition to the Commons, his Letters to Henry Martin, Overtons Arrow of Defiance ſhot into the Prerogative Bowells of the Houſe of Lords, his Petition and Appeale. A Defiance againſt Arbitrary Ʋſurpation. The Agreement of the People and Petitions wherein it was preſented to the Houſe of Commons. An Alarum to the Houſe of Lords. See M. Edwards Gangraena, part 3. p. 192. to 204. That they are no naturall iſſues of our Lawes, but the Exorbitances and Muſhromes of Prerogative, the Wenns of just Government, the Sons of Conqueſt and uſurpation, not of choice and election, intruded upon us by power, not made by the people, from whom ALL POWER, PLACE, and OFFICE that is juſt in this Kingdome OUGHT TO ARISE, meere arbitrary Tyrants, Ʋſurpers, an illegitimate and illegall power and Judicatory, who act and Vote in our affaires but as INTRUDERS, who ought of right not to judge, cenſure, or impriſon any Commoner of England, even for libelling againſt them, refuſing to appeare before them, reviling and contemning them and their Authòrity to their faces at their very Barre, (as Lilburne, Overton boſt and print they did) or breaking any of their undoubted Priviledges. And to accompliſh this their deſigne the better, they endeavour by their moſt impudent flattery to ingage the Houſe of Commons againſt the Houſe of Peers, the better to pull them downe, ſtiling and proclaming them in theirccOvertons Petition and Appeal to the High and mighty States, the Knights and Burgeſſes in Parliament aſſembled. Englands legall Soveraigne Power. The R…monstrance of many thouſands to their own Houſe of Commons. A printed Petition (now in agitation) of many Freeborne people to the only Supreme Power of this Realme, the Commons in Parliament aſſembled. The Anatomy of the Lords Tyranny. An Alarum to the Houſe of Lords. See M. Edwards Gangraena, part 3. p. 154. to 204. Petitions p. 3and Pamphlets, The ONLY Supreme legall Judicatory of the Land, who ought BY RIGHT, to judge the Lords and their proceedings, from whom they appeale for right and reparations againſt the Houſe of Peeres, affirming, That in the Commons Houſe alone reſides the formall and legall Supreme Power of England, who ONELYONLY are choſen by the people, and THEREFORE IN THEM ONELYONLY is the power of binding the whole Nation, by making, altering, or aboliſhing Lawes without the Kings or Lords concurrent aſſents, to whom they now abſolutely deny any Negative voice, making the Commons a compleat Independent Parliament of themſelves; and therefore preſent all their Petitions and addreſſes to them alone, without any acknowledgement or notice of the Houſe of Peers, to whom they deny any right or title to ſit or vote in Parliament, unleſſe they will firſt diveſt themſelves of their Peerage, and Barons right of Seſſion, and ſubmit to ſtand for the next Knights and Burgeſſes place in the Houſe of Commons that ſhall fall void, where if they may have any voice or influence, the meaneſt Cobler, Tinker, Weaver or Water-man ſhall be elected a Knight, or Burgeſſe ſooner then the beſt and greateſt Peer, and John of Leyden preferred before King or Prince Charles, Sic Sceptra ligonibus aequanti, which Petitions and Pamphlets of theirs have ſo puffed and bladdered up many Novices, and raw Parliament-men in the Commons Houſe, unacquainted with the bounds, proceedings, and originall Conſtitution of Parliaments, and the Lawes and Cuſtomes of England, that they begin to act, vote, and diſpoſe of the Army, Navy, &c. without and againſt the Lords, not expecting their concurrence, contrary to all former proceedings of Parliament, the Lords juſt Priviledges, and their own Solemne League and Covenant to maintaine them, which may prove deſtructive to both Houſes, the Parliament, Kingdome, and oppreſſive to their Repreſentatives the people, (who generally diſlike it) if not timely redreſſed, and breeds ſuch a deadly feud between the Houſes as may ruine them both and the Kingdome to boot. The end of theſe Anabaptiſts, Levellers p. 4and Lilburnians being only to**See M. Edwards Gangraena, part 3. where this is fully demonſtrated. deſtroy the Parliament, by ſetting both Houſes at variance, they inveighing as bitterly againſt the power, proceedings, Ordinances, Votes, Power, Members, undue Elections and unequall Conſtitutions of the Houſe of Commons, as the Lords, and therefore have ſo earneſtly preſſed in theirddLilburnes Letter to a friend. Innocency and Truth juſtified, and his late Letters to Cromwell, Martin, Sir Thomas Fairfax, and others. Englands Birthright. Englands lamentable Slavery. Another word to the wiſe. Comparata Comparandis Liberty againſt Slavery. The Arraignement of Perſecution. The Ordinance againſt Tythes unmounted. See Mr. Edwards Gangrana, part 3. p. 209. to 204. Pamphlets, and by ſome lateeeSee the ſeverall Remonſtrances from his Excellency and the Army, from June, till December last. The agreement of the people, the grand Deſigne, Put…ey Projects. Remonſtrances, and Engagements from their Confederates and Agitators in the Army, a ſpeedy period and diſſolution of this Parliament, and a new modelling and more equall diſtribution of Members in the very Houſe of Commons for the future. All which Petitions, Papers, Remonſtrances, and Pamphlets of theirs tending to the utter ſubverſion of Parliaments, the fundamentall Lawes and Government of the Kingdome, and introduction of all arbitrary popular Polarchy and Tyranny, are rather to be ranked among and more agreeable to the Earle of Straffords and Canterburies Treaſons, (which they exceed by many degrees) then to be ſleighted or countenanced as they are, the keeping up of the honour of Peers, and rights and Priviledges of both Houſes within their juſt bounds, without interfeiring or incroachment upon one another, or invading the peoples juſt Liberties and Rights, being the onelyonly meanes of their and our preſervation, ſettlement, ſecurity; upon which conſideration, I ſhall endeavour as briefly and fully as I may, to vindicate the undoubted Right of the Lords and Peers of this Realme to ſit and vote in Parliament, notwithſtanding they are not elected by the people, and make good the right and power of Judicature, as well of Commoners as Peers againſt all cavills of the Anabaptiſticall Levellers, Lilburnians, Sectari…s, Agitators, and I hope ſo farre to ſilence and ſtop their mouthes, if not convince their judgements, that they ſhall never be able to reply again hereto.

p. 5The ſum of all they object againſt the Lords right of ſitting, voting and judging, in Parliament is this:ffOvertons Defiance againſt all arbitrary uſurpation of the Houſe of Lords, p. 5. 6 15. 17. 18. his Arrow againſt all Tyrants, p. 6 10. 11. 12. and others forecited. That they ſit there only by Patent, the Kings will, Tenure or deſcent, not onelyonly by the Peoples free Election, as the Knights, Citizens, and Burgeſſes doe: That the people never intruſted nor inveſted them with any power, but the King; they repreſent themſelves onelyonly not the Commons, and the Sonnes onelyonly of Conqueſt, (brought in by the Conquerour,) of Uſurpation, not of Choice and Election.

1. To this I anſwer: firſt, That our Earls, Barons, Nobles (and Archbiſhops, Biſhops, and Abbots too who held by Barony) ſate anciently in all our Parliaments, and Generall Counſells and Aſſemblies, many hundred yeares before the Conqueſt by right of Peerage and Tenure, as now they doe, as Modus tenendi Parliamentum, ggEpiſt to his 9. Report, Inſtitutes on Litleton, p. 110 4. Inſtitutes, c. 1.Sir Edward Cook, Vowell hhM. Seldens Titles of Honour, part 2. ch. 5. where this is abundantly manifeſted, Spelma…ni Concil t…m. 1. Truth triump…ing over Falſhood, antiquity over Novelty, p. 36 &c. The Freeholders Grand inqueſt, p. 4. to 20.and others write, and our Historians record; therefore this is a groſſe miſtake, That they are the Sonnes of Conqueſt introduced by the Conquerour: the rather, becauſe in all Empires and Kingdomes in the world, though free and never conquered, their Princes, Nobles, Lords, and great Officers of State, have ever ſate in all their Parliaments, Senates and Generall Counſells of State, by reaſon of their Honors and places only, without any popular Elections, as is cleare by theſe Texts of Scripture, 1 Chron. 13. 1, 2. c. 28. 1, 2. &c. c. 29. 1. 6. 24. 2 Chron. 1, 2, 3. c. 5. 3. 4. &c. c. 23. 2. 3. 20. 21. c. 30. 2. 3. 6. 12. c. 34. 29. 30. c. 35. 7. 8. Neh. 9. 38. c. 10. Eſther 1. 13. to 22. Dan. 3. 2. 3. 2 Chro. 29. 30. c. 32. 3. Ezra 9. 1. c. 10. 8. 1 Sam. 5. 8. c. 29. 3. to 10. Pſa. 68. 27. Prov. 8. 15, 16. Iſa. 19. 11. 12. 13. Jer. 17. 25. c. 26. 11. 16. c. 36. 12. 14. c. 37. 14. 15. c. 38. 4. 25. 27. Dan. 6. 1. 6, 7. Jonah, 3. 7. Pſa. 2. 2. Iſa. 1. 23. 26. compared together, and by all Hiſtorians and Polititians teſtimonies.

2. Secondly, that they ſit there onelyonly by the Kings Patent is falſe: for firſt, many Peeres and Nobles have been created in and byiiSee M. Seldens Titles of Honour p. 2. ch. 5. 14. …, 3. c. 35. 9. R. 2. n. 16. 20. R. 2. n. 80, 1. H. 4. …. 81. with many more. Parliament, at the Commons and Peoples earneſt Petitions, and by Patents confirmed in Parliament, of which there are many Preſidents. Secondly, though the Kings Writ or Patent create others of them Peers and Baro…'s without the peoples conſent, yet the Lawes and Statutes p. 6of the Realme made by the Commons conſents, and approved by the people, allow the King this power, and authorize andkk5. R. 2. Stat. 2. c. 4 31. H. 8. c. 10. enjoyne Lords and Barons to ſit in Parliament, when thus created, if there be no juſt exceptions taken to them by the Houſes; therefore though they are created Lords and Peers, and ſit in Parliament by the Kings Patent, and Writ onelyonly, by way of inſtrument and conveyance, yet originally and really they are made, and ſit there by the Lawes and Statutes of the Realme, to which all the people have conſented, of which more hereafter. Thirdly, all ancient and new Cities and Burroughs who ſend Citizens and Burgeſſes to Parliament, and the Diviſions of Counties, were originally created and inveſted with this power to elect Citizens, Burgeſſes, and Knights for the Parliament llL…e Lit. c. 10. Sect. 162, 164. & Cook Ibidem. 49. Aſſ. 8.only by the Kings Letters Patents and Charters, not by the peoples election and choice, and none of them do or can chooſe or ſend Knights, Citizens, and Burgeſſes to Parliament mmCook 4. Inſtit. c. 1. & Cr…mptons Juriſdiction of Cou…ts. c. 1. 1. R. 1. c 4. 8. H. 4 c. 14 8. H. 5. c. 7. 32. H. 6. c. 15 & 14 H. 5. c 3 l. 1. H. 7 12 2 H. 7. 13. a. 5. H 7. 9. H. 7. 12. 14 H. 6. 12. 7. …. 4. 14 15. … 4 15. Coo… 1. …. 250. a.without the Kings Writ, directed to them, but onelyonly by power and vertue of it; therefore if the Lords ſitting in Parliament be illegall and unwarrantable, becauſe they ſit onelyonly by Patent and Writs from the King, the ſitting of Knights, Citizens and Burgeſſes muſt be ſo too, becauſe they are elected only by the Kings Writ, and enabled to elect and chooſe them only by his Patents, the power of * creating Cities, Burroughs and Knights, being originally in the King, as well as the power of creating Lords and Barons.

3. Thirdly, that the generall election of the people is not abſolutely neceſſarie nor eſſentiall to the making of a King, Magiſtrate, Counſeller of State, Peer, or member of Parliament, (nor yet of a Miniſter) as the Objectors falſly pretend, who take it for granted as an infallible truth and Maxime of State: for then it will follow, that neithernnExod 3. & 4. & 7.Exod 3 Moſes ooDeut. 3. 28. Nu…. 27. 16. … 23. Deut. 31. …. …. 9. 14. 23. c. 34. 9. Ioſh….Deut 3:28Deut 31Joſhua, ppNe… c. 2. &c.Nehemiah, qq1 Sam 9. 16. c. 10. 1. 21.1 Sam 9:16Saul, rrPſal. 78. 70, 71, 72. 1 Sam. 1…. 2 Sam. 7, 8.Ps 78:70Ps 78:71Ps 78:721 Sam 12 Sam 7:8David, ſſ1 Chron. 23. 1. c. 28. 5, 6. 2 Chron. 1. 8.1 Chr 23:12 Chr 1:8Solomon, nor any of thett2 Chron. 14 1. c. 17. 1. c. 28. 27. c. 29. 1.2 Chr 14:1 pious Kings of Juda who came to the Crown by Gods immediate deſignation, or by deſcent & ſucceſſion, were juſt & lawful Governours or Kings, which none dare aver, That thevvNum. 11. 16, 17. 24, 25, 26, 27.Num 11:16Num 11:17Num 11:24Num 11:25Num 11:26Num 11:27 70. Elders, the Princes, xx1 Chron. 18. 15, 16, 17. c. 26. 29, 30, 31, 32, c. 27. c. 28. 1. 2 Chron. 19. 5. … 7.1 Chr 18:151 Chr 18:161 Chr 18:172 Chr 19:52 Chr 19:7Nobles, chief Captains, Iudges, and Rulers among the Jewes under Moſes, and their Kings, and other Governours, and the Jewiſh Sanhedrin, were no lawfull Judges, Magiſtrates, Counſellers of State, or Members of their generall Congregations, Parliaments and p. 7aſſemblies, ſince we read of none of them choſen by the people, but onelyonly deſigned by God himſelf, or made and created ſuch by Kings and Governours, and by them called and ſummoned to their generall congregations, aſſemblies and judicatures, as the premiſed texts and others evidence. ThatyyGen. 40. 40, 41, &c. Exod. 18. 25. Pſal. 105. 21. Acts 8. 10.Gen 40:40Gen 40:41Exod 18:25Ps 105:21Acts 8:10 Joſeph, zzEſther 8. & 10.Esth 8Mordecai, aaDan. 2. 48, 49.Dan 2:48Dan 2:49Daniel, Shadrac, Meſec, & Abednego, were no lawfull Rulers or Magiſtrates, becauſe made ſuch even by Heathen Kings, not by the peoples choice. And that none of the Levites, Prieſts, High Prieſts or Prophets, under the Law were lawfull, becauſe none of them (that we read of) made a Levite, Prieſt, High-Prieſt or Prophet by the peoples call; but bybbExod. 40. Numb. 1, & 3. & 4 1 Chron. c. 23. c. …5, 29, & 26. …. 2…. 13. Heb. 5. ….Exod 40Num 11 Chr 23Heb 5 deſcent and ſucceſſion in the ſelfeſame Tribe, or by Gods own immediate call and appointment, as**Mat. 3.Matt 3 Iohn Baptiſt, ⁂⁂Iſa 61. 1. c. 65. 1 Ioh. 20. 21. Heb. 5. 4, 5.Isa 61:1Heb 5:4Heb 5:5Christ, the**Mar 10. Luke 9. 10. Mar. 28. 19, 20. Iohn 20. 21. 1 Cor. 1. 17. Gal. 1. 1. Acts 8. 5. 14, 15. … Caſe Polit. l. 3. c. 2. Bod…. de Repub. l. 2. c. 2, 3. Ioan Mariana de Rege & Regum Inſtit. l. 1. c. 3, 4.Mark 10Luke 9:10John 20:211 Cor 1:17Gal 1:1Acts 8:5Acts 8:14Acts 8:15 Apoſtles, the 70. Diſciples and others under the Goſpell were made and created Miniſters, Apoſtles, Evangeliſts and preaching Elders, without the peoples call; and yet our oppoſites dare not deny their Miniſtery and Apoſtleſhip to be lawfull, being not of men, but of Gods and Chriſts own call, without the peoples. Secondly, then it will follow, that all Hereditary Kingdomes, which (g) Polititians and Divines generally hold the beſt of Governments, all Patents and Commiſſions in all Empires, Kingdomes and States of the world creating Princes, Dukes, Earls, Lords, and ſuch like Titles of Honour, whereby they are inabled in all Chriſtian Kingdomes to ſit in their Parliaments and Aſſemblies of State, and for creating Privy Counſellors, Judges, Juſtices and other Magiſtrates are void, null and illegall, and ſo all the Lawes, Orders, Ordinances made, Acts done and Judgements given by them,d See M. Seldens Titles of Honor. are void and erroneous, becauſe they were not choſen and called to theſe places and publike Counſells and Judicatures by the people, but by the Emperours, Kings, and Supreme Governours of State, and what a confuſion ſuch a Paradox as this would breed in all our Kingdomes, and in all States and Kingdomes in the world, let wiſe men conſider, and thoſe fools too who make this Objection.

4. Fourthly, if there be no lawfull Authority in any State, but from the Peoples immediate election, then it will neceſſarily follow, that Sir Thomas Fair…ax is no lawfull Generall, his Officers and Councell of Warre no lawfull Officers or Councell; and Colonell, and Lievtenant-Colonell Lilburne no lawfull Colonell or Lievtenant Colonell, and ought not p. 8to uſe or retaine theſe titles, as they do, becauſe none of them were called and choſen to thoſe places by the People, but made ſuch by Commiſſion from the Parliament.

5. Fifthly, This paradox of theirs, touching the peoples choice and call to inable Peers to ſit in Parliament, or beare any office of Magiſtracy or Judicature, is warranted by no law of God, in old or new Teſtament, both which contradict it: by no Lawes or Statutes of theſe Kingdomes or Nations, which abſolutely diſclaime it, and enact the contrary: by no preſcription, cuſtome or uſage, which are all againſt it; by no Originall Law of Nature, which as alleeAriſt. Polit. l. 1. Bodin. de Repub. l. 1. c. 2. 3, 4, 5. D. F…eld of the Church. l. 1. c. 1, 2. Polititians and Divines aſſert, and the Scripture manifeſts, gives every Father a Magiſteriall and Judiciall rule and power over his children, progeny, Family; and makes him a King, Prince, Lord over them, without either their choice or call; the Father and firſt-borne of the family, being both the King, Prince and Lord over it, and Prieſt to it from the Creation till the Law was given, as is generally acknowledged by all Divines.

6. Sixthly, I anſwer, that a particular, explicit actuall choice and election by the people, of any to be Kings, Magiſtrates, Judges, Miniſters, Peeres or Members of Parliament, is neither neceſſary nor convenient to make them juſt and lawfull, except onelyonly when the Lawes of God, of Nature, of Nations, or the Kingdome expreſly require it; but onelyonly a generall implicit or tacit conſent; eſpecially when the ancient Lawes of the Land continuing ſtill in full force, and the cuſtome of the Kingdome time out of mind, requires no ſuch ceremony of the peoples particular election or call; in which caſe the peoples diſſent is of no validity, till that Law & cuſtome be repealed by general conſent of the King, Lords and Commons in Parliament.* Seldens Titles of Honour, part 2. Cook 4. Inſtit. c. …. Cambdens …it. Now the ancient Lawes, Statutes & Cuſtoms of the Kingdom enable all Lords who are Peers & Barons of the Realm to ſit in Parliament when ever ſummoned to it by the Kings Writ, without any election of the people; and if the Lawes and Cuſtomes of the Realme were, that the King himſelfe might call two Knights, Citizens and Burgeſſes to Parliament, ſuch as himſelfe ſhould nominate in his writ out of every County, City and Burrough, without the Freeholders, Citizens, and Burgeſſes election of them by a p. 1common agreement and conſent to ſuch a Law and uſage made by their Anceſtors, and ſubmited and conſented to for ſome ages without repeale, this Law and Cuſtome were ſufficient to make ſuch Knights, Citizens and Burgeſſes lawfull Members of Parliament, and to repreſent the Commons of England without any election of the people, the Laws made by our Anceſtors in Parliament,See Littleton, Fitz-Herbert, Brut. & Aſhly. Tit. VVarranty. Obligat. Covenant, &c. obliging their poſterity whiles unrepealed; as well as their Warranties, Obligations, Statutes, Feofements, Morgages and alienations of their Lands, as the Objectors muſt acknowledge, therefore they muſt of neceſſity grant, their preſent ſitting, voting and judging too in Parliament to be lawfull, becauſe thus warranted by the Lawes and Cuſtomes of the Realme.

4. If all Power in Government, and right of ſitting, judging, and making Lawes or Ordinances in Parliament, be founded upon the immediate free election of all thoſe that are to be Governed; and of neceſſity that all thoſe who are to be ſubject and they ought to be repreſented by thoſe who have power in Government, the Summe offfSee M. Edwards his Gangraena. part. 3. p. 142. to 162. Lilburnes Overtons, and the Levellers reaſons againſt the Lords Iuriſdiction, then it will of neceſſity follow; that the orders, Votes, Ordinances and Lawes made by or conſented to by the Knights, Citizens and Burgeſſes in Parliament, ought not to bind any Miniſters, Women, Children, Infants, Servants, Strangers, Freeholders, Citizens, Burgeſſes, Artificers, or others, (who cannot well or properly be repreſented but by perſons of their owne ſex, degrees, trades and callings, and ſo every ſex, trade, calling in each County and Corporation in England ſhould ſend Members of their own to Parliament to repreſent them) but only ſuch Freeholders, and Burgeſſes who had voices in and gave free conſent to their Elections, not any who have no voyces by Law, or diſſented from thoſe elected and returned; yea then it will neceſſarly follow; that thoſe Counties, Cities and Burroughs whoſe Members have been injuriouſly impeached, ſuſpended, driven away, or thruſt out of the Houſe of Commons by the objectors and the Armies practiſe and violence (contrary to all former preſidents) are abſolutely free, exempted and not bound by any Votes or Ordinances made, or taxes impoſed by the Commons Houſe, becauſe they have no Members to repreſent p. 2them reſiding in Parliament; and that thoſe Counties and Burroughs whoſe Knights and Burgeſſes are dead or abſent are no wayes obliged by any Votes, Ordinances, or Grants in Parliament: And then how few in the Kingdome will or ought to yeeld obedience to any the Acts, Ordinances, or Votes of this preſent Parliament, or to any Mayors, Sheriffes Aldermen, or Heads of Houſes made by their Votes and Authority, (uſually made by election heretofore) or to any Iudges, Juſtices, Governours, Generalls, Captains, or other Military Officers made by their Commiſſion or appointment, without the generality of the peoples Votes, or conſent, eſpecially when above halfe, or three full parts of the Members were abſent or driven from both Houſes, by the Objectors violence and menaces.

Theſe Anſwers premiſed, I ſhall now proceed to the proofe of the Lords undeniable Right and Authority to ſit, Vote, and give Judgement in Parliament, though not actually elected and called by the people, as Knights and Burgeſſes are.

1. It is evident, by the Hiſtories, Republikes of moſt ancient and modern Kingdomes and Republikes in the world, that their Princes, Nobles, Peers and great Officers of State, have by the Originall Fundamentall Lawes and Inſtitutions, by right of their very gg31. H. 8 c. 10 See M. Seldens Titles of Honor, Caſſanaeus Catalogus Gloriae Mundi: Alanſo Lopez in Nobiliario, and others who write of Nobility. Cambd. Brit. of the No…lity and Courts of Iuſtice in EnglandNobility, Peerage, and great Offices, without any particular election of the people, a juſt right and title to ſit, conſult, Vote, enact Lawes, and give Iudgement in all their Generall Aſſemblies of State, Parliaments, Senates, Diets, Councells; as might be mainfeſted by particular inſtances in the Kingdomes Republikes, Parliaments, Diets, and Generall Aſſemblies of the Iewes, Egyptians, Grecians, Romans, Perſians, Ethiopians, Germans, French, Goths, Vandalls, Hungarians, Bohemians, Polonians, Ruſſians, Swedes, Scythians, Tartars, Moores, Indians, Spaniards, Portugalls, Danes, Saxons, Scots, Iriſh, and many others: And to deny the like priviledge to our Engliſh Peers and Nobles, which all Nobles, Peers in all other Kingdomes, Nations, Republikes anciently have done, and yet doe conſtantly enjoy, without exceptions or diſpute, is a groſſe unjury, injuſtice and over-ſight, yea a great diſhonor both to our Nobility and Nation.

p. 3Secondly, By, and in the very primitive conſtitution of our Engliſh Parliaments, it was unanimouſly agreed by the Kingdomes and peoples generall conſents, that our Parliaments ſhould be conſtituted and made up, not of Knights and Burgiſſes onelyonly, elected by**E. H 6. c. 7. 10. H. 6. c. 2. 32 H. 6 c. 15. Crumpton. Juriſdict. p. 1. 2. 3. Cooke 4 Inſtit. c. 1. Freeholders and Burgeſſes (not by the generality of the vulgar people, who would now claime and uſurpe this right of election) but likewiſe of the King, the Supream Member, by whoſe hhCooke Inſtit. c. 1. n. 1. 10. Modus Tenendi Parliamentum. Crompton Juriſdiction of Courts, Tit. Parliament. M. Seldens Tit. of Honour. par. 2. c. 5.writs the Parliaments were to be ſommoned, and by the Lords, Peers, Barons, (eccleſiaſticall and civill) and great Officers of the Realme, who ought of right to ſit, vote, make Lawes, and give Judgement in Parliament by vertue of their Peerage; Baronries and Offices, without any election of the people: the Commons themſelves being no Parliament, judicatory, or Law-givers alone, without the King and Lords as Modus tenendi Parliamentorum; Sir Edward Cooke in his 4. Inſtitutes. ch. 1. Mr. Seldens Titles of Honor. part. 2. ch. 5. Ʋowell, Camden, Sir. Thomas Smith, Cowell, Minſhaw, Crompton with others who have written of our Engliſh Parliaments, aſſert, and all our Parliament Rolls, Statutes, andii33. H. 6. 16. Br. Parliam. 4. 39. E 3. 7. 35. 11. H. 7 27. Br Parl. 107. 4. H. 7. 18. 7 H. 7. 14 Crumptons Iuriſd f. 9. Co. 4. Inſtitutes. n 15 35. Fit f. 20. Dyer. 92. Iudge Huttons Argument of Mr. Hamdens caſe. p 32. 33. Law-bookes, reſolve, without whoſe threefold concurrent aſſents there is or can be no Act of Parliament made.

Thirdly, This right of theirs is confirmed by preſcription and cuſtome from the very firſt beginning of Parliaments in this Kingdome till this preſent, their being no one preſident to be found in Hiſtory or Record of any one Parliament held in this Iſland ſince it was a Kingdome without the King perſonally or repreſentatively preſent (by a Protector, Cuſtos or Regni, Commiſſioners) as he ought to be, or without Lords and Peeres; anciently ſtiled Aldermen, Heretockes, Senators, Wiſemen, Nobles, Princes, Earles, Counts, Dukes, &c. by our Hiſtorians; who make mention of their reſorting to, fitting, voting and judging in our Parliaments Generall Aſſemblies and Councels, under thoſe Titles, without the peoples Election, long before the Conquerors time; in the anciented Parliaments and Councels we read of, witneſſe Ingulph, Beda, Huntingdon, Mathew Weſtminſter, Florent…us, Wigornienſis, Malmesbury, Hector Boetius, Speed, and other in their Hiſtories, Antiquitates Eccleſiae Britanicae, Spelmanni Concilia. Tom 1. Sir Edward Cooke in his Preface to the 9. Report, and fourth Inſtitut. c. 1. and above all others Mr. Seldens Titles of Honor. part. 2. c. 5. Truth triumphing over falſehood, Antiquity over Novelty. p. 56. to. 90. and Mr. Lambert in his Archaion: there being little or no mention at all of any Knights of p. 4Sbires Citizens, or Burgeſſes in any of our Parliaments and Councels, before the Conqueſt, or in the Conquerors time, and his next Succeſſors, but of Earles, Barons, Nobles, Archbiſhops, and Biſhops onelyonly for the moſt part; whom Sir Edward Cooke and others conceive were comprehended under the names of Sapientum, or wiſe men, Seniores populi, (extending to Peers too, as they confeſſe) or at leaſt wiſe under theſe phraſes;kkSpelman C. p. 194. praeſentibus omnibus Ordinibus illius Gentis, cum vtris quibuſdam Militaribus (rather Souldiers than Knights,) of which we finde mention in the Councel of Be…henceld. l Spelman Ibid p. 21….An. 697. or, omnium Sapientum Seniorum, & POPVLORVM totius Regni; coupled with theſe pre-eminent Titles of Omnium Aldermannorum, Principum, Procerum, Comitum, who met together in a generall Councell under King Jue. An. 713. OrmmSpelman. p. 318. cujuſcunque Ordinis viros, in the Conncell of Cloveſkro. An. 800. which expreſſions we finde are now and then mentioned in ſome ancient Councels and Parliaments, though rarely: And if that ofnnHiſt. p. 870. Ingulph and other our Hiſtorians and ſome Lawyers be true, (which ooFirſt inſtitut. f. 108.Sir Edward Cooke, andppTitles of Honour. part 2. …. 5. ſec. 3. p. 614 615. &c. Mr. Selden deny) (that King Alfred firſt divided the Realme into Counties, as all grant he did into Hundreds and Tithings, and erected Hundred Courts wherein Knights of the Shire were alwayes, & yet are, & ought to be elected) there could be no Knights of Shires at leaſt (if any Citizens or Burgeſſes) to ſerve in Parliament, before this diviſion, though there were Earles, Dukes, and Barons before his raigne (who were preſent by the Kings ſummons, not peoples elections, at our Parliaments, and Generall Councels) asqqTitles of Honour 2. chap. 5. ſec. 2. 3. 4. 5. Mr. Selden, andrrGloſſarium. Tit. Comitis & Comitatus. Sir Henry Spelman undeniably manifeſt.

Their ſitting, voting, and judging therefore in Parliament, being ſo ancient, cleare and unqueſtionable ever ſince their firſt beginning till now; and the ſitting of Knights, Citizens, and Burgeſſes by the peoples election in our ancienteſt Parliaments and Councells not ſo cleare and evident by Hiſtory or Records as theirs: we muſt needs acknowledge and ſubſcribe to their Right and Title, or elſe deny the Knights, Citizens and Burgeſſes rights in Parliament rather than theirs, who have not ſo ancient nor cleare a Title or right as they.

4Fourthly, This Right and Priviledge of theirs is veſted legally in them by the very Common-Law and Cuſtome of the Realme, which binds all men; & the unanimous conſent of all our Anceſtors, & all the Commons of England from age to age aſſembled in Parliament, p. 5ſince we had any Parliaments, who alwaies conſented to, deſired, and never once oppoſed the Lords ſitting, voting, power or Judicature in Parliament, and by Magna Charta it ſelfe wherein they are firſt mentioned and provided for. Hereupon King Henry the third (not long after Magna Charta was granted, and at the ſame time it was proclamed and confirmed with a moſt ſolemne Excommunication in the preſence of all the Lords, and Commons by all the Biſhops of England, againſt the infringers thereof) ſummoning a Parliament at London in the yeare 1255. to ayde him in his warrs in Apulia; the Earles and Barrons, abſolutely refuſed to give him any aſſiſtance at all, not onelyonly becauſe he had undertaken that warre without their advice, but alſo for this reaſon;ſſMath. Paris An. 1255. p. 884 885. Daniel. p. 172 That ALL THE BARONS were not ſummoned by him to this Parliament, AS THEY OUGHT TO BE ACCORDING TO THE TENOR OF MAGNA CHARTA; whereupon they departing in diſcontent, and refuſing to ſit longer, the Parliament was diſolved. t Mr. St. Johns Speech concerning Shipmony p. 33. 1. H. 4. n. 21. 22 25. 36.And upon this very ground, among others, the Parliament of 21 R. 2. with all the Acts and proceedings therein were repealed and nulled by the Parliament of 1. H. 4. becauſe the Lords who adhered to their King were ſummoned by him to the Parliament, and ſome of the oppoſite party impriſoned, impeached, and omitted, and many Knights of the ſhire were onelyonly elected by the Kings nomination & Letters to the Sheriffes; And the Parliament it ſelf kept by force, viris armatis & ſagittarijs minenſis, brought out of Cheſhire as an extraordinary guard, quartered in the Kings Court at Weſtminſter, and about Charing Croſſe and the Muſe; of whichuuChron p 389. 390. Grafton, and other Hiſtorians writes thus. That they fell ſuddenly into ſo great pride of the Kings favour, that THEY ACCOVNTED THE KING TO BE AS THEIR FELLOW, and THEY SET THE LORDS AT NOƲGHT; yet few or none of them were Gentlemen, but taken from the plough, and Cart, and other Crafts. And after theſe ruſticall people had a while courted, they entred into ſo great a boldneſſe, that they would not let, neither within nor without the Court, to beat and ſlay the Kings good ſubjects; to take from them their victualls, and pay for them little or nothing at their pleaſure: (as our free-quarterers doe now) falling at laſt to raviſh mens wives and daughters: And if any man fortuned to complaine of them to the King, he was ſoone rid out of the way no man knew how, or by whom, ſo as they did what they liſted; the King not caring to doe juſtice upon them, but favoring them, in their miſdoings, confiding in them and their guards againſt any others of the Kingdome, which gave Lieges of his Kingdome great matter of commotion and diſcontent. The bringing up p. 6of which guard to Weſtminſter to force, and overawe the Parliament to effect his owne deſignes is one principle Article exhibited againſt him by the Parliament, for which he was depoſed. I pray God our New armed Guard and Courtiers at Whithall and the Muſe (of as meane condition as thoſe) fall not by degrees to the ſelfeſame exorbitances, contempt of the King, Lords, Parliament, and oppreſſion of the people, to their generall mutining and diſcontent. In the Parliament of 6 E. 3, N 1. & Parl. 2. N. 5. 6. 8. 9. and moſt of the enſuing Parliaments in this Kings reigne, and in divers Parliaments in Ric. 2. Henry 4. c. 5. 6. was found in the Parliament Roules that the Parliaments have beene proroged and adjourned from the dayes they were ſummoned to meet, and have not ſate, nor acted at all; becauſe ſome of the Lords were not come by reaſon of foule weather, ſhortneſſe of warning or other publike imployments; all their perſonall preſence in Parliament being reputed neceſſary and expedient. And 20. R. 2. N. 8. The Commons themſelves in Parliament required the King to SEND FOR SUCH BISHOPS and LORDS WHO WERE ABSENT, to come to the Parliament, before they would conſult of what the Chancellor propounded to them in the Kings name and behalfe to conſider of. To recite no more ancient Preſidents in the Parliament of 2. Caroli, the Earle of Arundell ſitting in the Parliament being committed by the King to the Tower of London about his ſonnes marriage May 25 1626. without the Houſes privity and conſent, whereby their Priviledges were infringed, and the Houſe deprived of one of their Members preſence thereupon the Houſes of Peeres adjourned themſelves on the 25 and 26. of May without doing any thing; and upon the Kings refuſall to releaſe him, they adjourned from May 26. till June 2. refuſing to ſit, and ſo that Parliament diſolved in diſcontent, his impriſonment in this caſe being a breach of Priviledge, contrary to Magna Charta. And not long after the beginning of this Parliament, upon the Kings accuſation and impeachment of the Lord Kimbolton and the five Members of the Commons Houſe**An Exact collection part 1. both Houſes adjourned and ſate not as Houſes, till they had received ſatisfaction and reſtitution of thoſe Members, as the Journals of both Houſes manifeſt; it being an high breach of their Priviledges, contrary to the Great Charter. If then the Kings bare not ſummoning, of ſome Peares to Parliament, who ought to ſit there by their right of Perage; or impeaching or impriſoning any Peere unjuſtly, to diſable them to ſit perſonally in Parliament, be a breach of the fundamentall Lawes of the Realme, and of Magna Charta it ſelfe (confirmed in above 40. ſucceeding Parliaments,) then the Lords right to ſit, vote and Judge in Parliament, p. 7is as firme and indiſputable as Magna Charta can make it; and conſented to and confirmed by all the Commons, people and Parliaments of England, that ever conſented to Magna Charta though they be not eligiable every Parliament by the freeholders, people, as Knights and Burgeſſes ought to be: and to deny this birth-right and Priviledge of theirs, is to deny Magna Charta it ſelfe, and this preſent Parliaments Declarations, and proceedings in the caſe of the Lord Kimbolton, a member of the Houſe of Peers.

5Fifthly, The ancient Treatiſe (intituled. **See Cooke … Juſtit. p. 12. for the Antiquity, and for the Authority of this Treatiſe.The manner of holding Parliaments in England in Edward the Confeſſors time (before the Conqueſt) rehearſed (afterwards) before William the Conqueror by the diſcreet men of the Kingdome, and by himſelfe approved and uſed in his time, and in the times of his Succeſſors Kings of England; if the Title be true, and the Treatiſe ſo ancient as many now take it to be) determines thus of the Kings and Lords right to be perſonally preſent in all Parliaments. The King IS BOUND by all meanes poſſible TO BE PRESENT AT THE PARLIAMENT, unleſſe he be detained or let there from by BODILY SICKNESSE; and then he may keep his Chamber, yet ſo THAT HELYE NOT WITHOUT THE MANOUR OR TOWNE WHERE THE PARLIAMENT IS HELD: and then he ougth to ſend for twelve perſons, of the greateſt and beſt of them that are ſummoned to the Parliament; that is, two Biſhops, two EARLES, two BARONS, two Knights of the Shire, two Burgeſſes▪ and two Citizens to looke upon his perſon to teſtifie and witneſſe his eſtate; and in their preſence he ought to make a Commiſſion and give Authority to the Archbiſhops of the Peace, the ſteward of England, and Cheife Juſtice, that they joyntly and ſeverally ſhould begin the Parliament and continue the ſame in his name, expreſſe mention being made in that Commiſſion of the cauſe of his abſence then, which ought to ſuffice and admoniſh the OTHER NOBLES, cheife men in the Parliament, together with the evident teſtimony of the twelve Peers of theirs. The reaſon is, BECAVSE THERE WAS WONT TO BE A CRY OR MURMVR IN THE PARLIAMENT FOR THE KINGS ABSENCE, BECAUSE HIS ABSENCE IS HURTFULL and DANGEROUS TO THE WHOLE COMMONALTY OF THE PARLIAMENT and KINGDOME, WHEN THE KING SHALL BE ABSENT FROM HIS PARLIAMENT. Neither indeed OUGHT OR MAY HE BE ABSENT BUT ONELYONLY IN THE CASE AFORESAID. After which it followes. The Archbiſhops, Biſhops and other cheife of the Clergy ought to be ſummoned to come to the Parliament; and p. 8Alſo EVERY EARLE and BARON, and their PEERS OUGHT TO BE SUMMONED and COME TO THE PARLIAMENT, &c. Touching the beginning of the Parliament. The Lord the King, ſhall ſit in the mi…ſt of the great bench, and is bound to be preſent in the firſt and laſt day of Parliament. And the Chancellors, Treaſurer and Barons of the Eſchequer, and juſtices were wont to record the defaults made in Parliament according to the order following. In the third day of the Parliament, the Barons of the Cinqueports ſhall be called, and after wards the BARONS of England; after them the EARLES, Whereupon if the Barons of the Cinqueports be not come, the Barony from whence they are ſhall be amerced at an hundred markes; and an Earle at one hundred pounds: After the ſame manner it muſt be done to thoſe who are Peers to Earles and Barons. After which it relates the manner, of place of the Earles, Barons and Peers in Parliament, Then addes. The Parliament may be held, and OƲGHT every day to begin at one of the clocke in the afternoone: at which time THE KING IS TO BE PRESENT AT THE PARLIAMENT and ALL THE PEERS OF THE KINGDOME. None of all the Peers of the Parliament MAY OR OUGHT TO DEPART alone from the Parliament, unleſſe he have obtained (and that in full Parliament) leave from the KING and of ALL HIS PEERS ſo to doe; and that with all there be a remembrance kept in the Parliament roll of ſuch leave and Liberty granted. And if any of the Peers during the terme of the Parliament ſhalbe ſick or weake, ſo as he is not able to come to the Parliament, then he ought three dayes together ſend ſuch as may excuſe him to the Parliament, or elſe two Peers muſt go and view him: and if they finde him ſicke, then he may make a Proxy. Of the Parliament, the King is the Head, the beginning and ending. So this ancient Treatiſe, The Statute of 5. R. 2. Parl. 2. ch. 4. enacts by COMMAND of the King, and ASSENT of the Prelates, LORDS and COMMONS in Parliament; That all and ſingular perſons and Commonalties, which from henceforth ſhall have the Summons of the Parliament, ſhall come from henceforth to the Parliament in the manner AS THEY BE BOUND TO DOE, and hath been ACCVSTOMED within the Realme of England OF OLD TIME. And every perſon of the ſaid Realme which from henceforth ſhall have the ſaid Sommons, (be he Archbiſhop, Biſhop, Abbot, Prior, DUKE, LORD, BARON, Baronet, Knight of the Shire, Citizen of City, Burgeſſe of Burgh, or other ſingular perſon or Commonalty) do abſent himſelfe, or come not at the ſaid Summons, (except he may reaſonably or honeſtly excuſe himſelf to our Soveraigne Lord THE KING) HE SHALL BE AMERCED and OTHERWAYES PVNISHED p. 9ACCORDING AS OF OLD TIME HATH BEEN USED TO BE DONE, within the ſaid Realme in the SAID CASE: Which relates unto and agrees expreſly with that forecited out of Modus tenendi Parliamentum. If then all the Judges and Peares in Parliament are bound to attend the Parliament, & not to depart without the Kings and Houſes leave under paine of Amercement and other puniſhment as this Statute reſolves, and 3. Ed. 3. 19. Fit. 2. C…ron. 161. Stamford. l 3. c. 1. f. 153. Cooke Inſtit. p. 15. 16. 17. 43 18. E. 3. Mo. 1. 2 8. and 31. H. 6. n. 46. (What fine were impoſed on abſent Lords) manifeſt then queſtionleſſe they ought of right to ſit in Parliament, elſe it were the height of Injuſtice thus to fine them. In the tenth yeare of King ….* Graf…o… Cron. p. …. …. 350. 2. this King abſented himſelfe from his Parliament then ſitting at Weſtminſter, reſiding at Eltham about forty dayes, and refuſing to come to the Parliament, and yet demanding from them foure fifteenes for maintenance of his Eſtate and outward Wars. Whereupon the whole body of the Parliament made this anſwer, THAT VNLESSE THE KING WERE PRESENT THEY WOULD MAKE THEREIN NO ALLOWANCE. Soone after they ſent the Duke of Glouceſter and Biſhop of Ely, Commiſſioners to the King to Eltham, who declared to him among other things in the Lords and Commons behalfe; how that by AN OLD ORDINANCE THEY HAVE AN ACT if the King abſent himſelfe 40. dayes not being ſicke, but of his owne minde, (not heeding the charge of his people, nor their great paines) and will not reſort to the Parliament, they may then lawfully returne to their Houſes. And now ſir (ſaid they) you have beene abſent a longer time, and yet refuſe to come amongſt us, which is greatly to our diſcontent. To which the King anſwered; Well, we doe conſider, that our owne people and Commons goe about to riſe againſt vsus, wherefore we thinke wee can doe no better, then to aske ayd of our Coſen the French King, and rather to ſubmit us to him, then unto our owne ſubjects. The Lords anſwered. Sir, that Counſell is not beſt, but a way rather to bring you into danger &c. By whoſe good perſwaſions, the King was appeaſed, and Promiſed to come to the Parliament, and condiſcend to their Petitions, and according to his appointment he came, and ſo the Parliament proceeded, which elſe had diſſolved by the Lords departure thence in diſcontent, and the Kings wilfull abſence.

Andrew Horne in his Mirrour of Juſtices, in the raigne of King Edward the firſt, writes, That our Saxon Kings divided the Realme into 38 Counties, over which they ſet ſo many Counts or Earles, and though the King ought to have no Peers in his land, but PARLIAMENTS, p. 10all Writs and Plaints of the Moneys of the King, Queene, and their Children, and of thoſe eſpecially, who otherwiſe could not have common right of their wrongs. Theſe Companions are now called Counts after the latine word Comites. For to the Eſtates of the Realme King Alfred aſſembled the COƲNTS or Earles, and ordained by a Perpetuall Law, that twice a yeare or oftner, they ſhould aſſemble at London in Parliament to conſult of the Government of the people of God.

Fleta. l. 2. c. 2. p. 66. writes thus in the ſame Kings raigne. Habet enim Rex curiam ſuam in concilio ſuo in Parliamentis ſuis, PRAESENTIBUS Praelatis, COMITIBUS, BARONIBUS, PROCERIBUS, & alijs viris peritis vbi terminatae ſunt dubitationes, judiciorum, & moris injuriis everſis, nova conſtituuntur remedia. And l. 17. c. 17. he writes thus. Rex in populo regendo ſuperiores habet, Vidilicet legem perfactus eſt Rex; & Curiam ſuam, (to wit of Parliament.) videlicet, COMITES & BARONES. Comites enim a Comitia dicuntur, qui cum viderint Regem ſine froeno, Froenum ſibi apponere TENENTƲR, ne clament ſabditi: Domine Jeſu Chriſte in Chamo & froeno maxillas eorum conſtringe. Sir Thomas Smith in his Common-wealth of England.* Bracton l. 2. c. …. l. 3. c 9. … the like in the ſame words in Henry the 3. his reigne. l. 2. c. 1. John Ʋowel, and Ralph Hollinſhed, vol. 1. c. 6. p. 173. Mr. Cambden in his Britania. p. 177. John Minſhew in his Dictionary vuell in his Interpreter Title Parliament; Powell in his Attornyes Academy, and others, unanimouſly conclude. That the Parliament conſiſteth of the KING, the LORDS SPIRITVALL and TEMPORALL and the Commons; which STATES repreſent the body of all England, which make but one aſſembly or Court called the Parliament, and is of all other the Higheſt and greateſt Authority, and hath the moſt high and abſolute power of the Realme: And that no Parliament is or can be holden without the King and Lords, Mr. Crompton in his Juriſdiction of Courts, affirmes, particularly of the High Court of Parliament. f. 1. &c. This Court is the higheſt Court of England, in which the King himſelf fits in perſon, and comes there at the beginning and end of the Parliament, and AT ANY OTHER TIME WHEN HE PLEASETH ORDERING THE PARLIAMENT. To this Court come ALL THE LORDS OF PARLIAMENT, as well ſpirituall a… temporall, and are ſeverally ſummoned by the Kings writ at a certaine day and place aſſigned; The Chancellour of England and other great officers or Judges are there likewiſe preſent; together with the Knights, Citizens and Burgeſſes; who all ought to be perſonally preſent, or elſe to be amerced, and otherwiſe puniſhed if they come not being ſummoned, unleſſe good cauſe be ſhewed, or in caſe they depart without the Houſes or Kings ſpeciall licenſe p. 11after their appearance before the Seſſions ended: And he reſolves that the King, Lords and Commons doe all joyntly make up the Parliament, and that no Law nor Act of Parliament can be made to binde the ſubject, without all their concurrent aſſents.

Sir Edward Cooke not onelyonly in his Epiſtle before his ninth Report and Inſtitutes on Littleton. p. 109. 110. But likewiſe in his 4. Inſtitutes (publiſhed by Order of this preſent Parliament. c. 1. p. 1. 2 &c) writes thus of the high & Honorable Court of Parliament. This Court conſiſteth OF THE KINGS MAJESTIE, ſitting there, as in his royall politick capacity, and of the three Eſtates of the Realme, viz. Of the Lords Spirituall, Archbiſhops and Biſhops, being in number 24. who ſit there in reſpect of their Counties or Barronies, parcell of their Biſhopricks, which they hold alſo in their politick capacity; and every one of theſe when the Parliament is to be holden, ought exdebito Juſtitiae, to have a writ of ſummons. The LORDS TEMPORALL, Dukes, Marqueſſes, Earles, Viſcounts and Barons, who ſit there by reaſon of their dignities which they hold by diſcent or creation: And likewiſe EVERY ONE OF THESE being of full age OUGHT TO HAVE a writ of ſummons EX DEBITO JUSTITIAE. The third eſtate are the Commons of the Realme, whereof there bee Knights of Shires or Counties, Citizens of Cities & Burgeſſes of Burro. All which are reſpectively by the Shires or Counties, Cities & Buroughs by force of the Kings writ, Ex debito Juſtitiae; and none of them ought to be omitted: and theſe repreſent all the Commons of the whole Realme, and truſted for them, and are in number at this time 493. Headed. And it is obſerved that when there is beſt appeareance, there is the beſt ſucceſſion in Parliament. At the Parliament holden in the 7. yeare of H. 5. holden before the Duke of Bedford Guardian of England, of the Lords Spirituall & Temporall there appeared but 30. in all: at which Parliament there was but one Act of Parliament paſſed and that of no great weight. In An. 50. H. 3. ALL THE LORDS APPEARED IN PERSON, and not one by Proxy: at which Parliament as appeareth by the Parliament Roll, ſo many excellent things were ſped and done, that it was called Bonum Parliamentum. And the King and theſe three eſtates are the great Corporation or the body of the Kingdome, & doe ſit in two Houſes, & of this Court of Parliament the King is Caput, Principium, & Finis. The Parliament cannot begin but by the Royall Preſence of the King either in perſon or repreſentation, by a Guardian of England, or Commiſſioners, both of them appointed under the great Seale of England, &c. And 42. E. 3. Rot. Parl. num. 7. It is declared by the p. 12Lords and Commons in full Parliament, upon demand made of them, on the behalfe of the King, That they could not aſſent to any thing in Parliament, that tended to the diſinheriſon of the King and his Crowne whereunto they were ſworne. And p. 35. he hath this ſpeciall obſervation; That it is o…ſerved by ancient Parliament men out of Record that Parliaments have not ſucceeded well in five caſes. Firſt, when the King hath beene in diffe…ence with his Lords and with his Commons. Secondly, When any of the great Lords were at variance betweene themſelves. Thirdly, When there was no good correſpondence between the Lords and Commons. Fourthly, When there was no vnity between the Commons themſelves (in all which our preſent Parliament is now moſt unhappy, and ſo like to miſcarry and ſucceede very ill.) Fiftly, When there was no preparation for the Parliament before it began: every of which hee manifeſts by particular inſtances.

From all theſe and ſundryzzJudge H… rons Argument of Mr. Hampdens caſe. p. 32. 33. Daltons office of Sherriffs other Authorities, it is moſt evident & tranſparent, That both the King himſelfe and Lords, ought of right to be preſent in Parliament, and ever have been ſo, as well as the Commons: and neither of them to be excluded, ſince they all make up but one Parliament ought of right and duty to be preſent at, and no Lords and Commons to depart from it without ſpeciall leave, under paine of amercement and other penalties, becauſe no binding Law can be paſſed without their joynt conſents. And that the Commons alone are no more a Parliament of themſelves without the King and Lords, than the Common Councell of London are an intire Corporation without the Lord Major, Aldermen; or the Covent without the Abbot; the Chapter without the Deane, or the leggs or belly a perfect man without the head, or neck.

6Sixtly, The ancient and conſtant forme of endorſing Bills in Parliament begun in the Commons Houſe in all Parliaments ſince the Houſes firſt divided,33. H. 6. 17. Brooke Parliament. 4 Cromptons jurisdiction of Courts. f. 8. Mr. Hackuel of the manner of pasſing Bills in Parliament. unanſwerably demonſtrates the Commons of Englands acknowledgment of the Lords right to fit, vote, aſſent or diſaſſent to Bills in Parliament. viz. SOIT'BAYLE A SEIGNEURS: let it be delivered or ſent up to the Lords. Yea, the Commons conſtant ſending up of their own Members, with Meſſages to the Lords, and receiving Meſſages from them, and intertaining frequent conferences with them in matters where their opinions differ, in which conferences the Lords uſually adhere to their diſſents, unleſſe the Commons giveth emſatisfaction and convince them, and the Lords oft times convince the Commons, ſo farre as to conſent to their p. 13alterations of Bills, Ordinances, Votes, and oft to lay them quite afide; is an unqueſtionable argument of their Right to ſit and vote in Parliament; and of their Negative Ʋoyce too: All which would prove but a meer abſurdity and ſuperfluity if the Commons in all ages and now too, were not convinced, that the Lords had as good right to ſit and vote in Parliament, and a Negative and diſſenting voyce, as well as they, never once queſtioned or doubted till within this yeare or two, by ſome ſeditious Diſciples of Lilburnes and Overtons entering, who endeavoured to evade their juſtice on them.

7Seventhly, This juſt Right of the Lords is expreſly and notably confirmed by all the Commons of England in the Parliament of 31. H. 8. c. 10. concerning the placing and ſitting of the Lords and Great Officers of State in the Parliament Houſe; made by the Commons conſent, It being in vaine to make ſuch a Law, (continuing ſtill till this very day both in force and uſe) if they had no lawfull right to fit and vote in Parliament, becauſe they are not elective, as Knights, and Burgeſſes are. And by the Statute of 39. H. 6. c. 1. made at the Commons own Petition to repeale the Parliament and all proceedings of it held at Coventry the yeare before, by practice of ſome ſeditious perſons, of purpoſe to deſtroy ſome of the great Nobles, faithfull and Lawfull Lords and Eſtates, meerly out of malice, and greedy and unſatiable coveteouſneſſe to poſſeſſe themſelves of their lands, poſseſſions, Offices and goods, whereby many great Injuries, Enormities, and Inconveniences, well nigh to the ruine, decay, and univerſall ſubvertion of the Kingdome, enſued. The very deſigne of our Lilburniſts, Sectaries, and Levellers now; out of particular malice and coveteouſneſſe, to ſhare the Lords and all rich Commoners lands and eſtates between them, being poore and indigent covetuous people for the moſt part, ſcarce forty of them worth one groat, at leaſt before theſe times.

8This apparent Right of theirs, is undeniably ratified and acknowledged not only by the very words of the writs by which the Lords themſelves are ſummoned to the Parliament, but even of the writs for election of Knights and Burgeſſes, the forme and ſubſtance whereof are ancient, and can receive NO ALTERATION NOR ADDITION but by Act of Parliament, asbbInſtitutes. 4 p. 10. Sir Edward Cooke reſolves, By this writ the Prelates, Nobles and others of the Realme are ſummoned to the Parliament there to treat and conferre with the King, of the arduous and …rgent affaires of the Realme and Church of England: as the p. 14firſt clauſe of the writ. Carolus &c. quia, &c. pro quibuſdam arduis & … negotiis Nos, Statum & defenſionem Regni noſtri Angliae, & …l…ſiae Anglicanae concernent: quiddam Parliamentum noſtrum & teneri …avimus; & ibidem, cum Praelatis, MAGNATIBUS & PROCERIBUS dicti Regni noſtri COLLOQUIUM HABERIET TRACTARE, Tibi praecipimus, And the Commons are ſummoned, to performe and conſent to thoſe things which ſhall there happen to be ordained by this Com. Coun. of the Kingdom, &c. And if they are thus ſummoned, not to treat amongſt themſelves as an independent and intire Parliament, but to confirme and conſent to what the King, Prelates, Great men, and Peers, the Common Councell, of the Realm ſhall ordaine about ſuch affaires, as they muſt of neceſſity admit the King, Lords and Peers to be altogether as eſſentiall (yea more principall eminent Members) of Parliament though not elective, as the Knights & Burgeſſes, who are but ſummoned to conſent to & performe what ſhall happen there by common adviſe to ordaine, or at leaſt to conſult and adviſe with them, as their inferiors; not to over-rule them, as their ſuperiors, and the only Supream power in the Kingdom; and if they will totally exclude either King or Lords from Parliament, who are diſtinct & eſſentiall Members of it as well as the Commons, and have always been ſo reputed untill now, the Commons may ſit alone as Cyphers, but not as a Parliament, to vote or act any thing that is binding to the people; ſince though in extraordinary caſes for the ſaving of the Kingdome, they may ſecurely uſe extraordinary meanes & proceedings, yet regularly they are no more a Parliament without the King, & Lords, thē the King or Lords alone are a Parliament without the Commons; or the trunke of a man, a perfect man without a head or ſhoulders. If**Dyer. 61. 62. Cooke. 5 Report f. 90. 91. 94. 120. 121. v. 1. Rep. 111. 173 19. R. 8. 9. Br. executors 3. 15 11. 7. 12. 3. be joyntly impowred or commiſſioned to doe any act by Commiſſion Deed, or Warrant, any one or two of them can do nothing without the 3^d. If many be in Commiſſion of the Peace, Sewers or the like and three of the Quorum joyntly, & act there joyntly, if any one of the three be abſent all the reſt can do nothing, In Parliament it ſelfe, If either Houſe appoint a Committee of 3. 5. or 7. to examine act or execute any thing, if but one of this number be abſent or put out, the reſt can doe nothing, that is legall or valid even by courſe of Parliament, neither can either Houſe ſit and vote as a Houſe unleſſe there be ſo many Members preſent, as by the Law and cuſtome of Parliament will make up an Houſe as every mans experience can p. 15informe him. If theſe Levellers then will abſolutely cut off or exclude the King or Lords from the Parliament, they abſolutely null and diſſolve it: and the Act …or c…ntinuing this Parliament cannot make nor continue the Commons alone together as a Parliament, no more then the Lords or King alone without the Commons; the King or either Houſe alone being no Parliament, but both conjoyned and enlivened with the Kings perſonall or repreſentative preſence. The cutting of the head alone, or of the head and ſhoulders, altogether deſtroyes and kills the body Politicke and Parliament, as well as the body naturall, If the King dies or reſignes his Crowne, or be depoſed, the Parliament thereby is actually diſſolved, as it was reſolved in the Parliament of 1. H. 4. n. 1. 2. 3. and 4. F. 4. 44. And ſo if the Lords or Commons diſſolve and leave their Houſe, without any adjournment, the Parliament is thereby diſſolved, as the forecited preſidents, and the latter clauſe of the writ for the election of Knights and Burgeſſes manifeſts. And a new kind of Parliament conſiſting onelyonly of Commoners, when the old one (onelyonly within the Act for continuing this Parliament made up both of King, Lords, and Commons) is diſſolved; neither will or can be ſupported or warranted by the letter or intention of this Law.

9Ninthly, All the Petitions of the Commons in all Parliaments ſince the Conqueſt to the King, or Peeres for their redreſſe of grivances recorded in many ancient Parliament Roules: All Acts of Parliament extant uſually runne in this forme**Cooke 4. Inſtit. c. 1. The King with the aſſent of the Lords Spirituall and Temporall in Parliament hath ordained, and be it enacted by the Kings moſt Excellent Majeſty, the Lords Spirituall and temporall in this preſent Parliament aſſembled. The famous Petition of Right. 3. Car. ſo much inſiſted on, beginning thus, Humbly ſhew unto our Soveraigne Lord the King, the Lords ſpirituall and Temporall and Commons in Parliament aſſembled; thus anſwered by the King; Let right be done as is deſired. The Act of continuing this Parliament made by the King and Lords, as well as by the Commons, (who never intended to exclude themſelves out of this Parliament by that Act, or that it ſhould continue if either of them were quite diſmembred from it,) with all Acts and Ordinances ſince. Yea the Proteſtation, Solemne League and Covenant, taken by the Commons and Lords, & preſcribed by them to all others throughout p. 16the three Kingdomes, which couple the Lords and Commons alwaies together, (neither of them alone being able to make any binding Ordinance to the ſubjects unleſſe they both concurre, no more than one Member alone of either Houſe can make a Houſe) and ranck the Lords alwaies before the Commons, and the King before them both; ſo firmely hold forth, eſtabliſh the Lords and Kings undoubted Right to ſit, and Vote in Parliament, and decry this new mounted Monopoly of a ſole Parliament, of Commons without King or Lords, & that abſolute Soveraigne Power theſe new Lights have ſpied out and ſet up for them in Vtopia, that impudency it ſelfe would bluſh to vent ſuch mad, abſurd, irrationall Frenzies and Paradoxes as theſe crackbrain'd perſons dare to publiſh, and they may with as much truth & reaſon argue, that one man is three, & that the Leggs and trunke of a man are a perfect man without head, necke, armes and ſhoulders; or that the Leggs and Body are and ought to be placed above the head, neck and ſhoulders; as that the Houſe of Commons are or ought to be an entire Parliament; the ſole Legiſlative Power, the onelyonly Supreame Authority paramount both King & Lords, who muſt not have now ſo much as a Negative voyce to deny or contradict any of the Commons Ʋotes, or Ordinances, though never ſo raſh, unjuſt, diſhonorable, prejudiciall or dangerous to the whole Kingdome.

10Tenthly, Theſe very Sectaries and Levellers themſelves have acknowledged and aſſerted this Right of Power of the Lords all along this Parliament till of late, ^c See innocency and truth juſtified. p. 74. 75. Mr. Edwards Gangraena▪ part. 3. p. 156 157. where his words & contradictions in this kinde are receited at larg.as appeares by their ſeverall Petitions and Complaints to them upon ſundry occaſions heretofore; by their reſorting to them for Juſtice againſt Strafford, Canterbury, and others; Yea John Liburne himſelfe, till his late quarrell with them, not onelyonly acknowledged their very power of Judicature, but highly applauded their Juſtice, in his owne cauſe, Petitioning and ſuing to them not onelyonly for reverſall of the ſentence againſt him in Starchamber, but likewiſe for dammages and reparations againſt his Proſecutors, …leading his cauſe by his Counſell before them, as his proper Judges; who thereupon by Judgement of the Houſe vacated the Decree againſt him, as illegall; voted him Dammages, and paſſed him an Ordinance for the recovery and levying thereof; all which he himſelfe both publiſhed in ſundry of his printed Pamphlets, wherein he acknowledgeth and extolleth their Juſtice. Take but one paſſage for all in his Innocency p. 17and Truth juſtified p. 74. 75. If I be tranſmitted up to the Lords, and confidently beleeve I ſhall get forward, out of the former experiences of that Juſtice that I have found there, and I will inſtance two particulars. Firſt, when I was a Priſoner in the Fleet, and ſecondly May the fourth, one thouſand ſixe hundred forty one. The King accuſed mee of High Treaſon, and before the Lords barre was I brought for my life, where although one Littleton, ſervant to the Prince, ſwore point blanke againſt mee, yet had I free liberty to**He did not then demurr to their Juriſdiction. ſpeake for my ſelfe in the open Houſe; And upon my deſire that Maſter Andrewes alſo might declare upon his Oath what hee knew about my buſineſſe, it was done; And his Oath being abſolutely contradictory to Maſter Littletons, I was both freed from Littletons malice, and the Kings accuſation at the Barre of the whole Houſe: And for my part**Nota. I AM RESOLVED TO SPEAKE WELL OF THOSE THAT HAVE DONE ME JUSTICE; and not to doubt THEY WILL DENY IT MEE, till ſuch time as by experience I finde they doe it.

And at that time he was ſo much for the Lords, that he writes moſt diſgracefully, derogatorily of the Commons (and other his Confederates by his example) and of their want of power, injuſtice, and proceedings,ddHis …etter to a friend-Innocency and truth juſtified. His …etters to the Generall Hen. Martin, & L. G. Cromwell Englands Birthright See Mr. Edw. Gangraena. part 3. p. 146. to 228. quarrells onelyonly with them, and their Committees for their delayes and injuſtice towards him: telling them to their faces in many of his former, and late printed Libels: That they have no power at all to commit or examine him, or any other Commoner of England without the Lords: nor yet to give or take an Oath: That they are but a peece and loweſt part of the Parliament, not a Parliament alone, That they can make no binding Votes, Ordinances or Lawes, nor commit, nor command any Commoner, without the Lords, and in one or two Pamphlets he endeavours to prove them to be now no lawfull Houſe of Commons at all, nor would hee ever acknowledge them to be ſo, and that he would make no more conſcience of cutting theirs and the Lords throates, (the Tyrants and Oppreſſors, at Weſtminſter) then of killing ſo many Weaſels and Polcats; with many other like ſcurrilous and mutinous expreſſions. His owne printed Papers, Petitions and Actions therefore are an unanſwerable confutation of his malicious contradictions of their Authority and judicature ſince, for their exemplary juſtice on him: and he muſt either now re-acknowledge their right of ſitting, p. 18voting, and judging in Parliament to be lawfull, or elſe renounce his owne former Petitions and addreſſes to them for juſtice, retract all his former printed Papers aſſerting their Power and judicature, and extolling their juſtice; yea diſclaime their judgment for vacating his owne Sentence, in the Starchamber, their awarding him Dammages, and paſſing an Ordinance to recover them, as meerly null and voyd, being made before no lawfull or competent Judges, as now he writes, ſince not elected, by the peoples Votes. And let thoſe his followers who admire him for his Law, obſerve theſe his palpable and invincible contradictions, and be aſhamed and afraid to follow ſuch an ignorant and erronious guide, who writes onelyonly out of malice, and faction, not of judgement, as his contradictions evidence. 11^ly. The Acts for preventing the inconveniences happening by the long intermiſſion of Parliaments. And to prevent the inconveniences which may happen by the untimely adjourning proroging, or diſſolving the Parliament, made this Parliament, and aſſented to by the King at the Commons importunity, confirme the Lords interreſt and right to ſit and Vote in Parliament beyond all diſpute, and give them an…w power to ſummone a Parliament themſelves in ſome caſes.

… ^ly. The ancient forme ſtill continued till this day of diſmiſſing Parliaments and diſſolving them, by the Kings licenſive, THE LORDS and COMMONS TO DEPART HOME and TAKE THEIR EASE. 37. E. 3. n. 34. 38. E. 3. n. 18. 40. E. 3. n. 16. 43. E. 3. n. 34. 45. E. 3. n. 8. 13. 47. E. 3. n. 7. and all Parliaments ſince) proves their right of ſitting in, and attending the ſervice of the Parliament in perſon (without ſpeciall licence of the King) during its continuance, in diſpite of all ignorant cavils to the contrary.

Having thus impregnably evinced the Lords undoubted right to ſit and vote in Parliament, though they be not elective by the peoples voyces as Knights and Burgeſſes are; I ſhall next diſcover unto our illiterate Ignoramuſſes, who oppoſe this their right, the juſtice and good grounds and reaſons of our Anceſtors, why they inſtituted the Lords and Peers to ſit and vote in Parliament by right of their Nobility and Peerage; which will abundantly ſatisfie rationall men, and much confirme their right.

p. 191Firſt, the Nobles and Great Officers in all Kingdomes, and in our Kingdome too, in reſpect of their education, birth, experience and imployment in State-affaires, have alwayes been generally reputed the wiſest and beſt experienced Common-wealths men, beſt able to adviſe and Councell the King and Kingdome in all matters of Government, Peace, or War; as our Hiſtorians, Antiquaries, Polititians and Records, acknowledge and atteſt; whence they were antiently ſtiledeeMr. Selden… Titles of honour part 3. ch. 5. Sir Edward Cookes Epiſtle to the 9. Report: and … Inſtit. p. 120. 4. Inſtit. p. 2. Cambdens Brit. p. 177. Spelmanni Concil. Tom. 1. Aeldermen, Wiſemen; Magnates, Optimates, Sapientes, Sapientiſſimi, & Clariſſimi viri: Conspicui Clari que viri, Primates, Nobiles, &c. in our Hiſtorians and Records: and our Parliaments in that reſpect are frequently ſtiled in ancient times Conſilium SAPIENTVM: upon which Grounds our Kings (and**1. E. 3. n. 36. 55, 56. 45 E. 3. n. 15, 16. 50 E. 3. n. 10. to 14. 1 R. 2. n. 10. to 27 47 50, 51. 112, 113. 17 R. 2. c. 1 2. 13 R. 2. n. 6, 7. 17 R. 2. n. 17 18. 8 H. 4. n. 31. to 92. 11 H. 4. n. 14. 28. 39. 44. 13 H. 4. n. 11. Commons too, when ever they recommended Councellors of State to the King in Parliament) made choice of ffSee the Soveraigne Power of Parliaments part 1. and 2.Lords and other Peers for their Privy Councellors) and therefore it was thought fit, juſt and equall the King ſhould ever ſummon them to the Parliament by his Writ, without any election of the people,Mr. Pryns Truth Triumphing over falſhood. p. 56. to 70. Stat. de 4 E. 1. c. 2. Lambert Archaion. for their own inherent wiſdome, excellency and worth, the Originall cauſe of advancing and ennobling them at firſt, as is expreſſed in their Patents: and evident by theſe Scripture texts. Eſth. 1. 13, 14. Iſay 59. 11, 12, 13. Jer. 5. 5. c. 10. 7. c. 51. 57. Dan. 2. 48. c. 6. 1, 2, 3. Gen. 41. 39, 40. Pſal. 101. 21, 22. compared together. This ground of calling the Nobles to the Parliament, is intimated in the very words of the ſummons: Et ibidem VOBIS CUM Coloquium habere & tractare de arduis & urgentibus Regni & Eccleſiae Anglicanae negociis VESTRUM QUE CONSILIUM IMPENSUR: &c. Et hoc nullatenus omittatis; which implies them to be men of wiſdome and experience able to counſell and adviſe the King in all his weighty and arduous affaires both of the Kingdome and Church: I could give many inſtances wherein the Commons in Parliament have extraordinarily applauded the Lords and Peers for their great wiſdome, and eſpecially deſired their wholeſome Counſell, as perſons of greater wiſdome and experience then themſelves: but for brevity ſake, I ſhall cite onelyonly two Records; one of them moſt ſutable to the preſent deplorable condition of our State, and worthy imitation: In the Parliament of 21 Edw. 3. no. 45. William de Thorpe in the preſence of the King, Prelates, Earles, Barons and Commons p. 20declared, that the Parliament was called for two cauſes: The firſt concerning the Wars which the King had undertaken by the conſent of the Lords and Commons againſt His Enemies of France. The ſecond, how the Peace of England may be kept. Whereupon▪ the King would the Commons ſhould conſult together, and that within four daies they ſhould give anſwer to the King and His Counſell what they think therein. On the fourth day the Commons declare, THAT THEY ARE NOT ABLE TO COUNSEL ANY THING TOUCHING THE POINT OF WAR; wherefore they deſire in that behalf to be excuſed: And that the King will thereof ADVISE WITH HIS NOBLES AND COUNCEL; and what ſhall be ſo amongſt them determined they the Commons will thereto aſſent, confirme and eſtabliſh. By which it is evident the Commons then reputed the Nobles more wiſe and able to adviſe the King in matters of War then themſelves, who confeſſed their inability herein, and therefore ſubmitted to aſſent to whatever the Nobles and Councel ſhould therein adviſe Him. 28 Edw. 3. n. 55. The Commons ſubmit the whole buſineſſe of the Treaty of Peace with France, TO THE ORDER OF THE KING, AND OF HIS NOBLES. And …6 Edw. 3. n. 6. The LORDS only adviſe the King touching Truce or War with Scotland. In the firſt Parliament of 15 Edw. 3. n. 11. the Commons having delivered in divers Articles concerning the redreſſe of grievances and publick affaires to the King, prayed, that unto the Wedneſday enſuing their Articles may be committed to certain BISHOPS, BARONS, AND OTHER WISE MEN there named, BY THEM TO BE AMENDED: which the King granted: whereas the Lords exhibited their Articles … to the King, and the Biſhops their Articles apart in this Parliament, and proteſted that they ought not to anſwer but in open Parliament BY AND WITH THEIR PEERES; without joyning with the Commons, num. 6, 7, 18, &c. 26, 27, 35, 37. which courſe they held in moſt following Parliaments.

I ſhall conclude with one Preſident more moſt ſuitable to the preſent deplorable condition of our State, and worthy imitation.

In the Parliament of 5 Hen. 4. Rot. Parl. num. 9. 10. The Commons having preſented to the King in Parliament divers grievances, p. 21in the ill managing of His Revenues, the decay of His Caſtles, Houſes, and Parks; the great poverty and preſſures of His Subjects, and danger of the Enemies: thereupon they moſt intirely and cordially prayed the King to conſider the eminent perils of all parts of the Realm by reaſon of the Enemies and Rebels, of which they had news from day to day, and that as the caſe then ſtood, if ſuch miſchiefs were not ſpeedily and graciouſly remedied and reformed in this Parliament, it might fall out upon ſodain arivall of Enemies, or by ſome other means this Parliament muſt of neceſſity be departed from by all and diſſolved, ſo as the Lords and Commons ſhould never re-aſſemble again to redreſſe the ſaid Miſchiefs and others, which God defend. And therefore that it would pleaſe the King conſidering the HIGH WISDOMES AND DISCRETIONS OF THE LORDS, and that THEY HAD KNOWLEDGE OF MANY PERILS AND MATTERS which could not be ſo clearly known to the King, that he would now in this preſent Parliament charge ALL HIS LORDS Spirituall and Temporall, upon the faith they principally owe to God, and the faith, Homage and Allegiance which they owe to our Lord the King himſelf, for the aid and ſalvation of themſelves, and of all the Realm, that the ſaid Lords WOULD COUNSEL and ſhew Him their advice and WHOLSOME COUNSEL IN THIS BEHALF SEVERALLY & INTIRELY without diſſimulation, or adulation, having regard to the great miſchiefs and neceſſity aforeſaid. And thereupon our Lord the King most graciouſly, with His own mouth in full Parliament, charged and commanded as well the Lords, as the ſaid Commons, that they ſhould do their diligence, and ſhew unto Him their good and wholſome Counſels in this behalf, for the aid of Him and all His Realm. And after the ſaid Commons in the ſame Parliament, made requeſt to the ſaid Lords, that ſeeing the King had given them ſuch a charge and command, and that in ſo high a manner of Record, that they would do their diligence well and loyally, to perſever the ſame without any courteſie made between them in any manner, as they would anſwer before the most High, and before our Lord the King, and to all the Realm in time to come; and that the Commons themſelves thereupon would do the like on their party. Which if both Lords and Commons would now cordially and ſincerely promiſe and ingage to do, without ſelf-ends or intereſts, we might ſee our Church and Kingdome ſpeedily p. 22ſetled in a peaceable and happy condition. In brief, the Lords in the very Writ touching Knights and Burgeſſes, are ſtiled, The Common Councell of the Kingdome, and the Knights, Citizens, and Burgeſſes, are called, to inform and aſſent to that which they and their King ſhall Ordain, and 5 Ric. 2. Parl. 2. n. 3. 6 R. 2. n. 8, 9, 11, 26. and Parl. 2. R. 2. n. 7, 9. they are called the GREAT COUNCEL OF LORDS by waging of their extraordinary wiſdome and abilities. And therefore moſt fit to ſit, vote, and judge in Parliament.

Secondly, The Lords and great Officers of the Realme, as ſuch were ever reputed perſons of greateſt Valour, Courage, Power, (in regard of their great intereſts, Eſtates, allies, and retainers) and ſo beſt able to withſtand, and redreſſe all publike grievances, and enchroachments, of the King upon their owne and the peoples Liberties, in defence whereof they have in ancient times been alwayes moſt ready and active to ſpend not only their eſtates, but blood and lives for, wherewith they have redeemed and preſerved thoſe Liberties and Freedomes we now enjoy and contend for. And in this regard our anceſters in point of wiſdome, policy and right, thought meet, that they ſhould alwayes be ſommoned to, and bear chief ſway in our Parliaments, in reſpect of their Peerage, Power and Nobility only without the peoples election. This reaſon of their ſitting in Parliament, we find expreſly recorded in Bracton, l. 2. c. 16. fol. 34. and in Fleta, l. 1. c. 17. The King (ſay they) hath a Superiour, namely, God; alſo the Law, by which He is made a King; likewiſe His Count, to wit, THE EARLS & BARONS, becauſe they are called Counts as being the KINGS FELLOWS, and he who hath a Fellow, hath A MASTER. And therefore if the King ſhal be without a bridle, that is, without a Law; debent ei fraenum imponere, THEY OUGHT TO IMPOSE A BRIDLE ON HIM, &c. which the Commons being perſons of leſſe power and intereſt were unable to do. Andrew Horn in his Mirrour of Juſtice, ch. 1. §. 2, 3. renders the like reaſon. In all the conteſt and Wars between K. John, Hen. 3. Edw. 2. & Rich. 2. concerning Magna Charta, and the Liberties of the Subjects, the Lords & Barons were the Ringleaders and chief Oppoſers of theſe Kings Uſurpations and Encroachments on the people, as all ourggSee Mat. Paris, Matthew Weſtminſter, Walſingham, Huntingdon, Holings head, Polythronicon, Coxton, Grimſ…on, Stow, Speed, Truſſell, Baker, Martin, Daniel, How, and the Soveraign Power of Parliaments & Kingdomes, part. 1, 2. & 3. 10 R. 2. c. 1, 2. 11 R. 2. c. 1. to 7. 21 R. 4. c. 7. to 13. … H. 4. c. 2. for proof hereof. Hiſtories and Records relate; whence they ſtile the Wars in their times, THE BARONS p. 23WARS: and before this, the Nobles were the principall Actors in reſiſting the Tyranny of K. Sigebert, and K. Bernard, and diſthroning them for their miſdemeanors, as is clear by Mat. Weſtminſter in his Flores Hiſtoriarum, an. 756. & 758. To give ſome brief hints to clear this truth.

An. Dom. 1214. In the 16. year ofhhMat. Paris: Hiſt. Angl. p. 233. to 282. Daniel p. 140. to 144. Speed p. 558. to 567. K. John a Parliament held at Pauls, July 16. the Charter of Liberties granted to the people by K. Hen. 1. being read and confirmed, THE BARONS ſwore in the Arch-biſhops preſence, that if need were, they would ſpend thier blood. And afterwards at S^t. Edmonds Bury, the BARONS ſwore upon the High Altar, That if K. John refuſed to confirm and reſtore to them thoſe Liberties (the Rights of the Kingdom) they would make War upon Him, and withdraw themſelves from His allegiance, till he had ratified them all by His Charter under Seal. Which they accordingly performed. Tota Angliae Nobilitas in unum collecta, all the NOBILITY OF ENGLAND COLLECTED INTO ONE appeared in this defence of their own and the peoples Rights and Liberties againſt the King: whereupon it was afterwards enacted, That there ſhould be 25 BARONS choſen by the LORDS (not Commons) who ſhould, to their utmoſt power, cauſe the Great Charter confirmed by K. John, to be duly obſerved; That if either the King or His Juſticier ſhould tranſgreſſe the ſame, or offend in any one Article, 4. of the ſaid BARONS ſhould immediately repaire to Him, and require redreſſe of the ſame without delay: which if not done within forty daies after, that then the ſaid 4. BARONS and the reſt ſhould diſtrain and ſeize upon the Kings Caſtles, Lands and Goods, till amends was made according to their arbitration: Such confidence and power was then repoſed in the BARONS alone.

iiHiſt. Angl. p. 233.Mat. Paris, ſpeaking of the death of Geoffry Fitz-Peeter, one of the greateſt Peers of that age, writes thus of him, This year (an. 1214.) Geoffry Fitz-Peeter Juſticiary of all England, a man of great power and authority, TO THE GREATEST DETRIMENT OF THE KINGDOM, ended his daies the 2 day of Octob. ERAT autem FIRMISSIMA REGNI COLƲMNA, for he was the moſt firm pillar of the Kingdom, as being a Nobleman, expert in the Laws, furniſhed with treaſures, rents, and all ſort of goods, and confederated to all the great men of England by blood or friendſhip: whence p. 24the King without love did fear him above all men, for he governed the raynes of the Kingdom. Whereupon after his death, England was become like a ſhip in a ſtorm without an helm. The beginning of which tempeſt was the death of Herbert Arch-biſhop of Canterbury, a magnificent and faithfull man, neither could England breath again after the death of theſe two. When K. John heard of Fitz-Peeters death, turning to thoſe who ſate about him, He ſaid, By Gods feet▪ now am I firſt King and Lord of England. He had therefore from thenceforth more free power to break His Oaths and Covenants which He had made with the ſaid Geoffry for the peoples Liberty and Kingdoms peace. Such Pillars and Staies are great and ſtout Peers to a Kingdom, & Curb to tyrannicall Kings; and therefore of mee… Right ought to have a place and voice in Parliaments, for the very Kingdoms ſafety and welfare, without the peoples election.

In the 43 year of K. Hen. 3. his reign. kkMat. Paris p. 952. 953. Speed, p. 636. Daniel, p. 178.The Barons of England entred into a ſolemn Oath of Aſſociation upon the Evangeliſt, to be faithful and diligent to reform the Kingdom of England, hitherto by the counſel of wicked perſons overmuch diſordered, and eff ectually to expel the Rebels and diſturbers of the ſame; which Oath they made Richard Earl of Cornwall to take, as wel as others. In theſe Barons wars for the Subjects Liberties, many hundred Lords and Barons ſpent both their blood, lives, and eſtates: and among others Simon Mulford Earl of Leiceſter, the greateſt Pillar of the Barons, ſlain in the batail of Euſham; of who… llIn his Continuation of Mat. Paris, p. 968. & Daniel, p. 178.R…ſhing …r thus writes, Thus this magnificent Earl Simon ended his daies, who not only beſtowed his eſtate but his perſon and life alſo, for relief of oppreſſion of the poor, for the aſſerting of Juſtice and the Right of the Realm.

In the 3, 4, 14, & 15. of K. Edw. 2. his raign, the Barons were the chief Sticklers againſt Gaveſton, and the Spencers, who ſeduced the King, and oppreſſed the people: and principall Pillars of our Laws & Liberties, as ourmmWalſingham, Holingſhed, Daniel, Speed, Stow, Grafton, Fabian, Baker. Hiſtorians relate at large, & procured th…ſe ill Counſellours to be removed from the King even by force of Arms.

In 10, 11, & 22. of K. Rich. 2. the Lords were the principall oppoſers of the Kings ill Counſellours, and Tyranny and protectors of the Laws and peoples Liberties, to the loſſe of ſome of their lives, h…ads and eſtates, as our Statutes and Rolls of Parliament in thoſe years, andnnWalſingham, Truſſle, Fabian, Holingſhed, Grafton, Speed, Stow. Hiſtorians witneſſe: whence Walſingham writing of the Duke of Glouceſter's death, murthered by the Kings p. 25command at Calice, who was the principall Anti-royaliſt and head of all the Barons, uſeth this expreſſion, Thus died this …ſt of men, the Son (and Earl) of a King, in quo poſita fuere ſpes & ſolatium TOTIVS REGNI COMMVNITATIS, in whom the hope and ſolace of the Common-wealth, of the whole Kingdom were placed: who reſented his death ſo highly, that in the Parl: of 1 H. 4. Hall, who had a hand in his murder, was condemned and executed for a Traytor, and his Head and Quarters hung up in ſeverall places, and K. Richard among other Articles depoſed, for cauſing him to be murthered.

Since then our Pe…trs and Nobles have been alwaies perſons of greateſt valour, power, eſtate, intereſt, moſt able and forwards to preſerve the Laws and peoples Liberties, which they have upon all occaſions defended with the hazard and loſſe of their Lives, Liberties, and Eſtates, and upon this ground were thought meet by the wiſdome of our Anceſtors, to enjoy this priviledge of ſitting, voting and judging in Parliament by vertue of their Peerage and Baronnies: And ſince we muſt all acknowledge, that the Lords were the chiefe inſtruments of calling this preſent Parliament, and were therefore in the Act for Trienniall Parliaments, principally intruſted to ſummon and hold all future Parliaments in the Kings, and Lord Chancellours, or Lord Keepers defaul…: and were very active in ſuppreſſing the Star-chamber, High-Commiſſion, Councel-Table, Prelats, and other grievances, and thoſe who firſt appeared in the Wars againſt the King and his party, to the great encouragement of others, (witneſſe the deceaſed Lord Generall Eſſex, Brooke, Bedford, Stamford, Will…ngh by, Lincolne, …, Mancheſter, Roberts, and others) it would be the extremity of folly, ingratitude and injuſtice to deny our Peeres this Priviledge and Honour now, which their Anceſtors have purchaſed at ſo deare a rate; and a meanes to diſ-ingage them for ever from the Commons, and Republike, for ſuch an high diſhonour and affront.

3Thirdly, ourooSee Maſter S…ld…us Titles of Honour, Part 2 chap. 5. and Coke 4. inſtit. p. 1. Nobles are perſons of greater Eſtates Families & Fortunes then others, and have more to keep and loſe then other ordinary Commoners; and therefore have greater intereſt in the Common-wealth and State-affaires then they. And therefore our Anceſtors thought it meet and juſt that they ſhould have this priviledge p. 26among others above ordinary Commoners, to be preſent in all our Parliaments, by Writ onelyonly, and that of right ex debit… juſtitiae; and not by election, as Knights, Citizens, and Burgeſſes are, being perſons of meaner eſtate and quality; and preſent in Parliament onelyonly in the right of others who elect them, not in their owne right, as the Lords are, whoſe eſtates anciently were far more worth then many whole Burroughes put together; and their families, retainers and followers far more in number. And ſo their engagements to maintaine the Lawes, Liberties and Properties of the Subject, greater then inferiour mens.

4Fourthly, It is one principall property of Members of Parliament to be ppCoke 4. Inſt. p. 3.conſtant, ſtout, inflexible, and not to be bowed or turned from the right and publike good, by feare, favour, promiſes, rewards. Now Peeres of noble birth and education, and more generous heroick ſpirits then the vulgar ſort of men, are not ſo apt to be over-awed with regall threats, terrified with menaces, tempted with honours, preferments, and wealth, (which they already injoy in a higher proportion then others) nor ſeduced with rewards and private ends from the common good and intereſt, wherein their honour, wealth and ſafety are imbarqued; as ordinary Commoners, and men of meaner ranke and fortunes, as experience of former Ages, and this preſent manifeſts. Therefore it was thought juſt and reaſonable by our Anceſtors, theſe Nobles in this regard ſhould ſit in Parliament in their owne rights,* Modus tenendi Parliam Vowel. Coke 4 Inſt. c. 1. without the peoples election; and to leave the people to elect ſuch other perſons to repreſent and vote for them in Parliament in whom they moſt confided.

Fiftly, our Peeres in Parliament**12 R. 2. c. 1…. 23 H. 6. c. 11. 9 H. 6. c. 16. 31 H. 8. c. 11. 50 E. 3. n. 209. 1 R. 2. n. … 37. (though they ſerve for the common good of the whole Kingdome, which have alwayes truſted in them, in matters of counſel, Judicature, and making Laws) yet they repreſent up perſons but themſelves onelyonly, and beare their owne expences: Wherefore there is no ſhadow of reaſon why the people ſhould elect them, ſince they doe not repreſent them, nor pay them wages, as they doe to their Knights, Citiz…ns and Burgeſſes, who ſerve for, and repreſent them, and therefore ought in reaſon, right and juſtice to be elected by them. And therefore they may as well argue. That our Nobles ought to be elected by the people to their Lands and Eſtates, which deſcend unto them from their p. 27Anceſtors, not from the common people, as to ſit in Parl…ament by the peoples election, onelyonly to repreſent themſelves in their own right, not the people in theirs. And that the Knights of the Shire ought to be elected to their dignity of Knighthood (which the King onelyonly confers on them) and to their Lands and Freeholds, which they enjoy in their owne right, becauſe they are elected by the Free-holders to ſit in Parliament in their right who elected them, not their owne alone, which Barons doe not.

By all which premiſſes it is moſt apparent, That our Lords and Barons ſitting and voting in Parliament, (who if you take them poll by poll, have in all ages been more able Parliament men, and States-men in all reſpects, then the Commons, though choſen by the people, who alwayes make choice of the beſt and wiſeſt men, as experience manifeſts) is not onelyonly juſt and lawfull in reſpect of Right and Title, but originally inſtituted upon ſuch grounds of Reaſon and Policy, as no rationall nor underſtanding man can diſlike or contradict, but muſt ſubſcribe to as neceſſary and convenient, and ſo ſtill to be continued & ſupported in this their Right and Honour, to moderate the Exceſſes and Encroachments both of King and Commons one upon the other & keep both of them within their juſt and ancient bounds, for the Kingdomes peace & ſafety. The rather for that the very Act made this Parliament for the preventing of inconveniences happening through the long intermiſſion of Parliaments, not onelyonly enacts, but requires all the Lords and Barons of this Realme, to meet and ſit in every Parliament, under a penalty, but likewiſe preſcribes an Oath to the Lord Keeper and Commiſſioners of the Great Seale under ſevere penalties to ſend forth Writs of Summons to Parliament, to them all, and in his default, enabled and enjoyned the Peeres of the Realme, or any twelve or more of them, to iſſue forth Writs of Summons to Parliament under the Great Seale of England, for the electing of Knights, Citizens and Burgeſſes: which Act will be meerly void and nugatory, if their Votes and Right of ſit in Parliament be denyed, or the Houſe of Peeres reduced to the Houſe of Commons, which this very Statute doth diſtinguiſh.

The Kings and Lords ſole right of Judicature in Parliament, without Commons cleerly evidenced.

The Lords Juriſdiction and undoubted Right to ſit and Vote p. 28in Parl…ament, being cleerly evicted, and und…ably manifeſted by the Premiſes; I ſhall next proceed to make good their Juriſdiction and lawfull Right of Judicature, (never queſtioned nor diſputed till of late) without the Commons concurrence. To avoid miſtakes, and clear all ſcruples, you muſt take notice, that there is a two-fold proceeding in Parliament, by way of Judicature and Cenſure. Firſt by Bill of Attainder; and therein the King, Lords and Commons muſt all concurre; becauſe ſuch Judgement is given extrajudicially, only by the Legiſlative power; wherein the Commons have of Right, a Vote and conſent, as well as the King and Lords; and in this courſe of proceedings, the King and Lords alone can doe nothing judicially without the Commons, no more then make an Act of Parliament without them: Of this kind… of Judgement and Attainder by Bill, wherein the King, Lords, and Commons joyntly concurre, there are ſundry preſidents, both in caſes, Treſpas, Felony, Treaſon, and the like, in our printed Statutes: 1 H. 4. c. 6. compared with 9 H. 4. Exilium Hugonis de Spencer. 15 E. 2. 1 E. 3. prologue and c. 2. 11 R. 2. c. 1, 2, 3. 5, 6, 7. 21 R. 2. c. 10, 11, 12. 9 H. 6. c. 3. 19 H. 6. c. 1. 3… H. 6. c. 1. 25 H. 8. c. 12. 28 H. …. c. …8. 33. H. … c. 21. 32 H. 8. c. 25. 2 and 3 E. …. c. 17, 18. 1 Mar. c. 1. 16. … Eliz. c. 1. 3. 3 Jac. c. 2. to which the Attaindors of the Earl of Strafford by Bill, and Arch-biſhop of Canterbury this very Parliament may be added: Beſides other preſidents in theqqSee Plac. Coronae in Parl. 33 E. 1. Rot. 17. 22 John de Segraves caſe, Plac. Corenae in Parl. 21 R. 2. n. 1. to 27 31 H. 6. n. 45. 64. 38 H 6. n. 9. to 26. Parliament Rolls, many of which are cited by Sir Edward Cooke, in his 3 Inſtitutes, c. 1. …. and M. S. John in his Argument as Law, concerning the Bill of Attainder of High Treaſon of Thomas Earl of Strafford; printed by Order of the Commons Houſe, Anno 1641. The like Preſidents are extant in the Statutes of Ireland 28 H. 8. c. 1. for the Attainder of the Earl of Kildare and others, 11 Eliz. c. 1. For the Attainder of Shan… …, and others, …3 Eliz. c. 6▪ and 7. For the Attainders of John …-Gerald and others. An. 27 Eliz c. 1. For the attainder of James Euſtuce, and others. 28 Eliz. c. 8, 9. For the Attainders of the E. of Reſmond, John Brown, and others. 11 Jac. c. 4. For the Attainder of the Earl of Tyro… and others.

Secondly, there is a formall Judgement given in Parliament in Cauſes, civill and criminall, upon Writs, Petitions… Indictments, informations, or Impeachments, and that either againſt or between p. 29Peers themſelves, or againſt or between Commons who are … Peers, in both which the Lords have a proper Judiciary power without the Commons. That they have ſuch a legall and ſole Judicatory, in the caſe of Peers, is **Cookes Inſtit. on Magna Charta. c. 14. 29. & 3 Inſtit. c. 1, 2. 1 H. 4. 1. Stamf. l. 3. c. 1. 10. E. 4. 6. Bro. Triall, 142. Treaſon, 33. 29. 13 H. 8. 11.acknowledged by all; who neither may nor ought by Law, to be cryed or judge for any Treaſon or criminall cauſe (unleſſe in caſes of††10 E. 4. 6. Coronae, 34. Cooke, 2. Inſtit. p. 49. Triall. Bro. 142. Appeale at the ſuit of the ſubject) but only by the lawfull judgement of their Peers by the expreſſe proviſion ofrrCh. 14. 29. 20 H. 6. c. 9. 26 H. 8. c. 12. 1 El. c. 1. 5. 5 El. c. 11. and diverſe other Statutes: See Aſhes Tables. Co…onae. 84. Challenge, 65. and 8. Magna Charta with ſundry other Statutes, and by the very Common Law. This right of theirs, in caſe of Peers is cleerly evident by the Judgement given in againſt Earl Goodwin in a Parliament under K. Edward the Confeſſor, before the Conqueſt, An. 1052. recited at large in M. Seldens Titles of Honour, Part 2. c. 5. p. 634, 635. in the Tryall of Roger Earle of Hereford, in the 8. yeare of William the Conqueror, who was ſued and found guilty of Treaſon by his Peers. Cooke. 2. Inſtitut. p. 50. by the Judgement given in the Parliament of Northampton againſt Becket, Arch-biſhop of Canterbury, which you may read at large in Stephanides, & * M. Selden; by the anſwer of Will. du Breoſe to K. Johns Miniſters: Paratus ſum & ero Domino meo, & ſine obſedibus ſatisfacere, ſecundum Judicium Curiae ſuae & BARONƲM, Parium meorum. Which right of theirs is aſſerted by Sir E. Cook himſelf, and proved at large in his 2 Inſtitutes on Magna Charta. c. 14. 29. & in his 3 Inſtitutes, c. 2. where p. 31. he writes thus. A Peer of the Parl: being indicted of Treaſon or Felony, or of miſpriſion, and duly tranſmitted to the Lords, may be arraigned thereof in the upper Houſe of Parl. As FREQUENTLY IN PARL:† Titles of Honou…, Part 2. c. 5. p. 705. 706, 707. ROLLS IT DOTH APPEAR. As Rot. Parl. 21 R. 2 Plac. Cor. nu. 2 to 7. the Earl of Arundels caſe. Rot. Parl. 5 H. 4. nu. 11, 12. 13. H. 6. nu. 49. Earl of Dovers caſe. 28 H. 6. nu. 19. 50, 51, 52. Duke of Suffolks caſe. To which might be added, 7 R. 2. nu. 22, &c. The Biſhop of Norwich caſe, for delivering Gravelin to the Enemy. Placita Corona in Parl. 21 R. 2. num. 1 to 26. Rot. Parl. 50 E. 3. nu. 27. The Lord Latymers caſe. 2 H. 6. Rot. Parl. nu. 18. The Impeachments of the Commons this Parliament againſt the E. of Strafford, and Arch-biſhop of Canterbury who were proſecuted by the Commons, not tryed only by and before the Lords as their proper Judges and Peers. See 4 E. 3. nu. 14. 15 E. 3. nu. 6. 8. 44, 45. 51. 17 E. 3. nu. 22. 23 E. 3. nu. 7. to. 17.

The ſole queſtion men will be; Whether the Houſe of Peers have any lawfull power of Judicature, in, or …ver the cauſes and Perſons of the Commoners of England, in matter civill or criminall, ſo farre as to judge p. 30their Cauſes, or cenſure, fine, impriſon, or condemne their perſons in any caſe without the Commons? This the ignorant ſottiſh ſectaries, Levellers, ſeduced by their blinde guides, Lilburne and Overton peremptorily deny, without the leaſt ſhadow of truth or reaſon; the contrary whereof I ſhall infallibly make good to their perpetuall ſhame, and refutation.

Firſt 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 Realmne under the King, and that they, and the Barons were the proper Judges of the common peoples Cauſes in the Tournes, County-Courts, County Barons; even by vertue of their Dignities and Offices, as our Sheriffes have now; in which Courts they did inſtruct the people in the Lawes of the Land; and adminiſter Juſtice to them in all ordinary and criminall cauſes. For proof whereof you may peruſe at leaſure, M. Seldens Titles of Honour, Part 2. c. 5. Sect. 5. Sir. Edw. Cookes Inſtitutes on Magna Charta, c. 35. His 4. Inſtitutes, c. 53 Spelmanni Gloſſarium. Tit. Comites, M. Lamberts Archaion, Hornes Mirrour of Juſtices, c. 1. Sect. 2, 3. If then they were Judges of the Commons and People in the Country, by reaſon of their Honours & Dignities, even in ancienteſt times, in ordinary Cauſes; there was great right and reaſon too, they ſhould be ſo, their Judges alſo in all their extraordinary cauſes, as well criminall as civill.

2Secondly, The Lords, Peers, and great Officers of State, in reſpect of their education, learning and experience in all proceedings of Juſtice and State affaires, are better able, and more fit to be Judges of Parl then ordinary Citizens and Burgeſſes for the moſt part (eſpecially if choſen out of the Cities and Burroughes themſelves for which they ſerve, as anciently they were, and ſtill ought to be by the Statutes of 1 H.† 7 R. 2. Parl. 2. n. 19, 20. 17 R. 2. n. 17. 5. c. 1. 32 H. 6. c. 15. and the very purport of the writs for their election at the very day: & de qualibet Civitare Com. predict. DVOS CIVES, & de quolibet Burg…, DVOS BVRGENSES, imports) who have better knowledge and skill in Marchandice, & their ſeverall Trades then in matters of Judicature, Law, or State. Therefore the Right of Judicature was thought meet, even by the Commons themſelves, to be lodged & veſted in the Houſe of Peeres, who are the … and fitteſt of the two, rather then in the Commons Houſe, as I ſhall prove anon.

p. 313Thirdly, ſince the diviſion of the Houſes one from another (which is very ancient, and not certainly known, when firſt made) the Houſe of Peers hath been ever furniſhed with the ableſt Temporall and Spirituall perſons for their Aſſiſtants in judgment and advice, to wit, all the Judges ſſSee Modus tenendi Parliamentum, Vowell, Cowell, Crompton, Sir Thomas Smith, Coke, and others, 17 E. 3. n. 23. 21 E. 3. n. 7. 7. R. 2. n. 30, 31. 9 R. 2, n. 13. 2 R. 2. part. 2. n. 27. 31 H. 6. n. 26, 27, 28. 28 H. 6. n. 6.of the Realm, Barons of the Ex…hequer, of the Coyſe, the Kings learned Councell, the Maſters of the Chancery that are Courtiers or Lawyers, the Maſter of the Rolls, the Principall Secretaries of State, and other eminent perſons for parts and learning, and the Procuratores Cleri; all which are called by Writ to aſſiſt, and give their attendance in the upper Houſe of Parliament, where they have no voices, and are to give their counſel and advice only to the Lords when they require their aſſistance. For proof whereof you may conſult the Statutes of 31 H. 8. c. 10 Regiſter 261. Fitz. Nat: Bre: 229. a. b. M. Seldens Titles of Honor, p. 2. c. 5. Sir Edw. Cokes 4. Inſtit. p. 4, 5, 6, 44, 45, 46. and the Parl: 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 Iudges of England, the Kings learned Councell, and other ableſt to adviſe them in all Civill or Eccleſiaſticall matters: were and are in this regard thought fitteſt by our Anceſtors, and the Commons themſelves in Parl: 1 H. 4. n. 79who have no ſuch aſſiſtants, to have the principall and ſole power of Judicature, in all or moſt civill or criminall cauſes between Commoner and Commoner, that proper for the Parliaments Iudicature by way of relief, redreſſe or cenſure.

4Fourthly, there can be no judgement given in any of the Kings Courts,S…e The Preeholders Grand Inqueſt, p. 2 5. but when the King is perſonally or repreſentatively preſent, ſitting upon the Tribunall, and where the proceedings are CORAM REGE: But the King ſits perſonally and repreſentatively preſent in the Houſe of Peers, not in the Houſe of Cōmons, where nothing is ſaid to be done Coram Rege. And therefore in the end of moſt ancient Parl: Rolls, we find the Title, Placita Corona CORAM DOMINO REGE IN PARLIAMENTO SVO, &c. Therefore the Houſe of Peers only, not the Commons, are the true and proper judicatory; whence the King the ſupream Judge ſits uſually in Perſon.