Plea for the Lords

A PLEA For the LORD'S: OR, A short, yet full and necessary Vindication of the Judiciary and Legislative Power of the House of Peers, and the Hereditary just Right of the Lord's and Barons of this Realm, to sit, vote, and judge in the high Court of Parliament.

T He treasonable and destructive design of divers dangerous Anabaptists, Levellers, Agitators in the Army, City, Country, and of Lilburne, Overton, (their Champions and Ring-leaders in this Seditious Plot ) to dethrone the King, unlord the Lord's, new-model the House of Commons, extirpate Monarchy, suppress the House of Peers, and subvert Parliaments, (the only 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 public 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 King and Monarchy, in their 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, That they are no natural issues of our Laws, 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 Kingdom OUGHT TO ARISE, mere arbitrary Tyrants, Usurpers, an illegitimate and illegal power and Judicatory, who act and Vote in our affairs but as INTRUDERS, who ought of right not to judge, censure, or imprison any Commoner of England, even for libelling against them, refusing to appear before them, reviling and contemning them and their Authority to their faces at their very Barre, (as Lilburne, Overton bost and print they did) or breaking any of their undoubted Privileges. And to accomplish this their design the better, they endeavor by their most impudent flattery to engage the House of Commons against the House of Peers, the better to pull them down, styling and proclaiming them in their Petitions and Pamphlets,

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 where if they may have any voice or influence, the meanest Cobbler, Tinker, Weaver or Water-man shall be elected a Knight, or Burgess 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 original Constitution of Parliaments, and the Laws and Customs of England, that they begin to act, vote, and dispose of the Army, Navy, &c. without and against the Lord's, not expecting their concurrence, contrary to all former proceedings of Parliament, the Lord's just Privileges, and their own Solemn League and Covenant to maintain them, which may prove destructive to both Houses, the Parliament, Kingdom, 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 ruin them both and the Kingdom to boot. The end of these Anabaptists, Levellers and Lilburnians being only to destroy the Parliament, by All which Petitions, Papers, Remonstrances, and Pamphlets of theirs tending to the utter subversion of Parliaments, the fundamental Laws and Government of the Kingdom, and introduction of all arbitrary popular Polarchy and Tyranny, are rather to be ranked among and more agreeable to the Earl of Straffords and Canterburies Treasons, (which they exceed by many degrees) then to be slighted or countenanced as they are, the keeping up of the honor of Peers, and rights and Privileges of both Houses within their just bounds, without interfeiring or encroachment upon one another, or invading the people's just Liberties and Rights, being the only means of their and our preservation, settlement, security; upon which consideration, I shall endeavor as briefly and fully as I may, to vindicate the undoubted Right of the Lord's and Peers of this Realm 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 cavils of the Anabaptistical Levellers, Lilburnians, Sectari • s, Agitators, and I hope so far to silence and stop their mouths, if not convince their judgments, that they shall never be able to reply again hereto.

The sum of all they object against the Lord's right of sitting, voting and judging, in Parliament is this:

1. To this I answer: first, That our Earls, Barons, Nobles (and Archbishops, Bishops, and Abbots too who held by Barony) sat anciently in all our Parliaments, and General Counsels and Assemblies, many hundred years before the Conquest by right of Peerage and Tenure, as now they do, as Modus tenendi Parliamentum, Sir Edward Cook, Vowell and others write, and our Historians record; therefore this is a gross mistake, That they are the Sons of Conquest introduced by the Conqueror: the rather, because in all Empires and Kingdoms in the world, though free and never conquered, their Princes, Nobles, Lord's, and great Officers of State, have ever sat in all their Parliaments, Senates and General Counsels of State, by reason of their Honors and places only, without any popular Elections, as is clear 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 Politicians testimonies.

2. Secondly, that they sit there only by the Kings Patent is false: for first, many Peers and Nobles have been created in and by 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 people's consent, yet the Laws and Statutes of the Realm made by the Commons consents, and approved by the people, allow the King this power, and authorize and enjoin Lord's 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 Lord's and Peers, and sit in Parliament by the Kings Patent, and Writ only, by way of instrument and conveyance, yet originally and really they are made, and sit there by the Laws and Statutes of the Realm, 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 only by the Kings Letters Patents and Charters, not by the people's election and choice, and none of them do or can choose or send Knights, Citizens, and Burgesses to Parliament without the Kings Writ, directed to them, but only by power and virtue of it; therefore if the Lord's sitting in Parliament be illegal and unwarrantable, because they sit only 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 Lord's and Barons.

3. Thirdly, that the general election of the people is not absolutely necessary nor essential to the making of a King, Magistrate, Counselor of State, Peer, or member of Parliament, (nor yet of a Minister) as the Objectors falsely pretend, who take it for granted as an infallible truth and Maxim of State: for then it will follow, that neither Moses Joshua, Nehemiah, Saul, David, Solomon, nor any of the pious Kings of Judah who came to the Crown by God's immediate designation, or by descent & succession, were just & lawful Governors or Kings, which none dare aver, That the 70. Elders, the Princes, Nobles, chief Captains, Judges, and Rulers among the Jews under Moses, and their Kings, and other Governors, and the Jewish Sanhedrin, were no lawful Judges, Magistrates, Counsellers of State, or Members of their general Congregations, Parliaments and assemblies, since we read of none of them chosen by the people, but only designed by God himself, or made and created such by Kings and Governors, and by them called and summoned to their general congregations, assemblies and judicatures, as the premised texts and others evidence. That Joseph, Mordecai, Daniel, Shadrac, Mesec, & Abednego, were no lawful Rulers or Magistrates, because made such even by Heathen Kings, not by the people's choice. And that none of the Levites, Priests, High Priests or Prophets, under the Law were lawful, because none of them (that we read of) made a Levite, Priest, High Priest or Prophet by the people's call; but by descent and succession in the selfsame Tribe, or by God's own immediate call and appointment, as John the Baptist, Christ, the Apostles, the 70. Disciples and others under the Gospel were made and created Ministers, Apostles, Evangelists and preaching Elders, without the people's call; and yet our opposites dare not deny their Ministry and Apostleship to be lawful, being not of men, but of God's and Christ's own call, without the people's. Secondly, then it will follow, that all Hereditary Kingdoms, which ( g ) Politicians and Divines generally hold the best of Governments, all Patents and Commissions in all Empires, Kingdoms and States of the world creating Princes, Dukes, Earls, Lord's, and such like Titles of Honor, whereby they are enabled in all Christian Kingdoms to sit in their Parliaments and Assemblies of State, and for creating Privy Counselors, Judges, Justices and other Magistrates are void, null and illegal, and so all the Laws, Orders, Ordinances made, Acts done and Judgments given by them, are void and erroneous, because they were not chosen and called to these places and public Counsels and Judicatures by the people, but by the Emperors, Kings, and Supreme Governors of State, and what a confusion such a Paradox as this would breed in all our Kingdoms, and in all States and Kingdoms in the world, let wise men consider, and those fools too who make this Objection.

4. Fourthly, if there be no lawful Authority in any State, but from the Peoples immediate election, then it will necessarily follow, that Sir Thomas Fair • ax is no lawful General, his Officers and Council of War no lawful Officers or Council; and Colonel, and Lieutenant-Colonel Lilburne no lawful Colonel or Lieutenant Colonel, and ought not to use or retain 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 people's choice and call to enable Peers to sit in Parliament, or bear any office of Magistracy or Judicature, is warranted by no law of God, in old or new Testament, both which contradict it: by no Laws or Statutes of these Kingdoms or Nations, which absolutely disclaim it, and enact the contrary: by no prescription, custom or usage, which are all against it; by no Original Law of Nature, which as all Politicians and Divines assert, and the Scripture manifests, gives every Father a Magisterial and Judicial 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 actual choice and election by the people, of any to be Kings, Magistrates, Judges, Ministers, Peers or Members of Parliament, is neither necessary nor convenient to make them just and lawful, except only when the Laws of God, of Nature, of Nations, or the Kingdom expressly require it; but only a general implicit or tacit consent; especially when the ancient Laws of the Land continuing still in full force, and the custom of the Kingdom time out of mind, requires no such ceremony of the people's particular election or call; in which case the people's dissent is of no validity, till that Law & custom be repealed by general consent of the King, Lord's and Commons in Parliament. Now the ancient Laws, Statutes & Customs of the Kingdom enable all Lord's 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 Laws and Customs of the Realm were, that the King himself might call two Knights, Citizens and Burgesses to Parliament, such as himself should nominate in his writ out of every County, City and Burrough, without the Freeholders, Citizens, and Burgesses election of them by a common agreement and consent to such a Law and usage made by their Ancestors, and submitted and consented to for some ages without repeal, this Law and Custom were sufficient to make such Knights, Citizens and Burgesses lawful Members of Parliament, and to represent the Commons of England without any election of the people, the Laws made by our Ancestors in Parliament, 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 lawful, because thus warranted by the Laws and Customs of the Realm.

4. If all Power in Government, and right of sitting, judging, and making Laws 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 Sum of Lilburnes Overtons, and the Levellers reasons against the Lord's Jurisdiction, then it will of necessity follow; that the orders, Votes, Ordinances and Laws 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 own 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 voices by Law, or dissented from those elected and returned; yea then it will necessarily 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 practice 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 them residing in Parliament; and that those Counties and Burroughs whose Knights and Burgesses are dead or absent are no ways obliged by any Votes, Ordinances, or Grants in Parliament: And then how few in the Kingdom will or ought to yield obedience to any the Acts, Ordinances, or Votes of this present Parliament, or to any Mayors, Sheriffs Aldermen, or Heads of Houses made by their Votes and Authority, (usually made by election heretofore) or to any Judges, Justices, Governors, Generalls, Captains, or other Military Officers made by their Commission or appointment, without the generality of the people's Votes, or consent, especially when above half, 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 proof of the Lord's undeniable Right and Authority to sit, Vote, and give Judgment in Parliament, though not actually elected and called by the people, as Knights and Burgesses are.

1. It is evident, by the Histories, Republics of most ancient and modern Kingdoms and Republics in the world, that their Princes, Nobles, Peers and great Officers of State, have by the Original Fundamental Laws and Institutions, by right of their very Nobility, Peerage, and great Offices, without any particular election of the people, a just right and title to sit, consult, Vote, enact Laws, and give Judgment in all their General Assemblies of State, Parliaments, Senates, Diets, Councils; as might be mainfested by particular instances in the Kingdoms Republics, Parliaments, Diets, and General Assemblies of the Jews, Egyptians, Grecians, Romans, Persians, Ethiopians, Germans, French, Goths, Vandalls, Hungarians, Bohemians, Polonians, Russians, Swedes, Scythians, Tartars, Moors, Indians, Spaniards, Portugalls, Danes, Saxons, Scots, Irish, and many others: And to deny the like privilege to our English Peers and Nobles, which all Nobles, Peers in all other Kingdoms, Nations, Republics anciently have done, and yet do constantly enjoy, without exceptions or dispute, is a gross unjury, injustice and over-sight, yea a great dishonor both to our Nobility and Nation.

Secondly, By, and in the very primitive constitution of our English Parliaments, it was unanimously agreed by the Kingdoms and people's general consents, that our Parliaments should be constituted and made up, not of Knights and Burgisses only, elected by Freeholders and Burgesses (not by the generality of the vulgar people, who would now claim and usurp this right of election) but likewise of the King, the Supreme Member, by whose writs the Parliaments were to be summoned, and by the Lord's, Peers, Barons, (ecclesiastical and civil) and great Officers of the Realm, who ought of right to sit, vote, make Laws, and give Judgment in Parliament by virtue 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 Lord's as Modus tenendi Parliamentorum; Sir Edward Cook in his 4. Institutes. ch. 1. Mr. Seldens Titles of Honor. part. 2. ch. 5. Uowell, Camden, Sir. Thomas Smith, Cowell, Minshaw, Crompton with others who have written of our English Parliaments, assert, and all our Parliament Rolls, Statutes, and Law-books, 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 custom from the very first beginning of Parliaments in this Kingdom 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 Kingdom without the King personally or representatively present (by a Protector, Custos or Regni, Commissioners ) as he ought to be, or without Lord's and Peers; anciently styled Aldermen, Heretockes, Senators, Wisemen, Nobles, Princes, Earls, Counts, Dukes, &c. by our Historians; who make mention of their resorting to, fitting, voting and judging in our Parliaments General Assemblies and Councils, under those Titles, without the people's Election, long before the Conquerors time; in the anciented Parliaments and Councils we read of, witness Ingulph, Beda, Huntingdon, Matthew Westminster, Florent • us, Wigorniensis, Malmesbury, Hector Boetius, Speed, and other in their Histories, Antiquitates Ecclesiae Britanicae, Spelmanni Concilia. Tom 1. Sir Edward Cook 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 Sbires Citizens, or Burgesses in any of our Parliaments and Councils, before the Conquest, or in the Conquerors time, and his next Successors, but of Earls, Barons, Nobles, Archbishops, and Bishops only for the most part; whom Sir Edward Cook and others conceive were comprehended under the names of Sapientum, or wise men, Seniores populi, (extending to Peers too, as they confess) or at least wise under these phrases; praesentibus omnibus Ordinibus illius Gentis, cum vtris quibusdam Militaribus (rather Soldiers than Knights,) of which we find mention in the Council of Be • henceld. 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 general Council under King Jue. An. 713. Or cujuscunque Ordinis viros, in the Conncell of Cloveskro. An. 800. which expressions we find are now and then mentioned in some ancient Councils and Parliaments, though rarely: And if that of Ingulph and other our Historians and some Lawyers be true, (which Sir Edward Cook, and Mr. Selden deny) (that King Alfred first divided the Realm into Counties, as all grant he did into Hundreds and Tithings, and erected Hundred Courts wherein Knights of the Shire were always, & 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 Earls, Dukes, and Barons before his reign (who were present by the Kings summons, not people's elections, at our Parliaments, and General Councils) as Mr. Selden, and Sir Henry Spelman undeniably manifest.

Their sitting, voting, and judging therefore in Parliament, being so ancient, clear and unquestionable ever since their first beginning till now; and the sitting of Knights, Citizens, and Burgesses by the people's election in our ancientest Parliaments and Councils not so clear 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 clear a Title or right as they.

[ 4] Fourthly, This Right and Privilege of theirs is vested legally in them by the very Common-Law and Custom of the Realm, which binds all men; & the unanimous consent of all our Ancestors, & all the Commons of England from age to age assembled in Parliament, since we had any Parliaments, who always consented to, desired, and never once opposed the Lord's sitting, voting, power or Judicature in Parliament, and by Magna Charta it self 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 proclaimed and confirmed with a most solemn Excommunication in the presence of all the Lord's, and Commons by all the Bishops of England, against the infringers thereof) summoning a Parliament at London in the year 1255. to aid him in his wars in Apulia; the Earls and Barrons, absolutely refused to give him any assistance at all, not only because he had undertaken that war without their advice, but also for this reason; 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. 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 Lord's 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 only elected by the Kings nomination & Letters to the Sheriffs; And the Parliament itself 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 Cross and the Muse; of which Grafton, and other Historians writes thus. That they fell suddenly into so great pride of the Kings favor, that THEY ACCOVNTED THE KING TO BE AS THEIR FELLOW, and THEY SET THE LORD'S AT NOUGHT; 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 entered into so great a boldness, that they would not let, neither within nor without the Court, to beat and slay the Kings good subjects; to take from them their victuals, and pay for them little or nothing at their pleasure: (as our free-quarterers do now) falling at last to ravish men's wives and daughters: And if any man fortuned to complain of them to the King, he was soon rid out of the way no man knew how, or by whom, so as they did what they listed; the King not caring to do justice upon them, but favoring them, in their misdoings, confiding in them and their guards against any others of the Kingdom, which gave Lieges of his Kingdom great matter of commotion and discontent. The bringing up of which guard to Westminster to force, and overawe the Parliament to effect his own designs 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 mean condition as those) fall not by degrees to the selfsame exorbitances, contempt of the King, Lord's, Parliament, and oppression of the people, to their general 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 reign, and in divers Parliaments in Ric. 2. Henry 4. c. 5. 6. was found in the Parliament Roules that the Parliaments have been proroged and adjourned from the days they were summoned to meet, and have not sat, nor acted at all; because some of the Lord's were not come by reason of foul weather, shortness of warning or other public employments; all their personal 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 LORD'S WHO WERE ABSENT, to come to the Parliament, before they would consult of what the Chancellor propounded to them in the Kings name and behalf to consider of. To recite no more ancient Presidents in the Parliament of 2. Caroli, the Earl of Arundell sitting in the Parliament being committed by the King to the Tower of London about his sons marriage May 25 1626. without the Houses privity and consent, whereby their Privileges were infringed, and the House deprived of one of their Members presence thereupon the Houses of Peers adjourned themselves on the 25 and 26. of May without doing anything; and upon the Kings refusal 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 Privilege, 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 both Houses adjourned and sat 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 Privileges, 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 Peer unjustly, to disable them to sit personally in Parliament, be a breach of the fundamental Laws of the Realm, and of Magna Charta it self (confirmed in above 40. succeeding Parliaments,) then the Lord's right to sit, vote and Judge in Parliament, is as firm 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 Privilege of theirs, is to deny Magna Charta it self, and this present Parliaments Declarations, and proceedings in the case of the Lord Kimbolton, a member of the House of Peers.

[ 5] Fifthly, The ancient Treatise (entitled. 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 Kingdom, and by himself 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 Lord's right to be personally present in all Parliaments. The King IS BOUND by all means possible TO BE PRESENT AT THE PARLIAMENT, unless 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 look upon his person to testify and witness 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 jointly and severally should begin the Parliament and continue the same in his name, express mention being made in that Commission of the cause of his absence then, which ought to suffice and admonish the OTHER NOBLES, chief men in the Parliament, together with the evident testimony of the twelve Peers of theirs. The reason is, BECAUSE 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 ONELY IN THE CASE AFORESAID. After which it follows. The Archbishops, Bishops and other chief of the Clergy ought to be summoned to come to the Parliament; and Also 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 Exchequer, 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 marks; and an Earl at one hundred pounds: After the same manner it must be done to those who are Peers to Earls and Barons. After which it relates the manner, of place of the Earls, Barons and Peers in Parliament, Then adds. The Parliament may be held, and OUGHT every day to begin at one of the clock in the afternoon: 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, unless he have obtained (and that in full Parliament) leave from the KING and of ALL HIS PEERS so to do; 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 term of the Parliament shall be sick or weak, so as he is not able to come to the Parliament, then he ought three days together send such as may excuse him to the Parliament, or else two Peers must go and view him: and if they find him sick, 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, LORD'S 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 Realm of England OF OLD TIME. And every person of the said Realm 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, Burgess of Burgh, or other singular person or Commonalty) do absent himself, or come not at the said Summons, (except he may reasonably or honestly excuse himself to our Sovereign Lord THE KING) HE SHALL BE AMERCED and OTHERWAYES PVNISHED ACCORDING AS OF OLD TIME HATH BEEN USED TO BE DONE, within the said Realm in the SAID CASE: Which relates unto and agrees expressly 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 pain 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. Cook 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 Lord's) manifest then questionless they ought of right to sit in Parliament, else it were the height of Injustice thus to fine them. In the tenth year of King • . 2. this King absented himself from his Parliament then sitting at Westminster, residing at Eltham about forty days, and refusing to come to the Parliament, and yet demanding from them four 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 Eli, Commissioners to the King to Eltham, who declared to him among other things in the Lord's and Commons behalf; how that by AN OLD ORDINANCE THEY HAVE AN ACT if the King absent himself 40. days not being sick, but of his own mind, (not heeding the charge of his people, nor their great pains) and will not resort to the Parliament, they may then lawfully return to their Houses. And now sir ( said they ) you have been absent a longer time, and yet refuse to come amongst us, which is greatly to our discontent. To which the King answered; Well, we do consider, that our own people and Commons go about to rise against us, wherefore we think we can do no better, then to ask aid of our Cosen the French King, and rather to submit us to him, then unto our own subjects. The Lord's answered. Sir, that Counsel is not best, but a way rather to bring you into danger &c. By whose good persuasions, the King was appeased, and Promised to come to the Parliament, and condescend to their Petitions, and according to his appointment he came, and so the Parliament proceeded, which else had dissolved by the Lord's departure thence in discontent, and the Kings willful absence.

Andrew Horne in his Mirrour of Justices, in the reign of King Edward the first, writes, That our Saxon Kings divided the Realm into 38 Counties, over which they set so many Counts or Earls, and though the King ought to have no Peers in his land, but PARLIAMENTS, all Writs and Plaints of the Moneys of the King, Queen, 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 latin word Comites. For to the Estates of the Realm King Alfred assembled the COUNTS or Earls, and ordained by a Perpetual Law, that twice a year or oftener, 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 reign. 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 TENENTUR, ne clament sabditi: Domine Jesu Christ in Chamo & froeno maxillas eorum constringe. Sir Thomas Smith in his Common-wealth of England. l. 2. c. 1. John Uowel, 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 LORD'S 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 Realm: And that no Parliament is or can be holden without the King and Lord's, Mr. Crompton in his Jurisdiction of Courts, affirms, 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 LORD'S OF PARLIAMENT, as well spiritual a • temporal, and are severally summoned by the Kings writ at a certain day and place assigned; The Chancellor 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, unless good cause be shown, or in case they depart without the Houses or Kings special license after their appearance before the Sessions ended: And he resolves that the King, Lord's and Commons do all jointly make up the Parliament, and that no Law nor Act of Parliament can be made to bind the subject, without all their concurrent assents.

Sir Edward Cook not only 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 royal politick capacity, and of the three Estates of the Realm, viz. Of the Lord's Spiritual, Archbishops and Bishops, being in number 24. who sit there in respect of their Counties or Barronies, parcel of their Bishoprics, which they hold also in their politick capacity; and everyone of these when the Parliament is to be holden, ought exdebito Justitiae, to have a writ of summons. The LORD'S TEMPORALL, Dukes, Marquesses, Earls, Viscounts and Barons, who sit there by reason of their dignities which they hold by descent 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 Realm, whereof there be 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 Realm, 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. year of H. 5. holden before the Duke of Bedford Guardian of England, of the Lord's Spiritual & Temporal 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 LORD'S 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 Kingdom, & do sit in two Houses, & of this Court of Parliament the King is Caput, Principium, & Finis. The Parliament cannot begin but by the Royal Presence of the King either in person or representation, by a Guardian of England, or Commissioners, both of them appointed under the great Seal of England, &c. And 42. E. 3. Rot. Parl. num. 7. It is declared by the Lord's and Commons in full Parliament, upon demand made of them, on the behalf of the King, That they could not assent to anything in Parliament, that tended to the disinherison of the King and his Crown whereunto they were sworn. And p. 35. he hath this special 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 been in diffe • ence with his Lord's and with his Commons. Secondly, When any of the great Lord's were at variance between themselves. Thirdly, When there was no good correspondence between the Lord's and Commons. Fourthly, When there was no unity between the Commons themselves ( in all which our present Parliament is now most unhappy, and so like to miscarry and succeed very ill.) Fifthly, When there was no preparation for the Parliament before it began: every of which he manifests by particular instances.

From all these and sundry other Authorities, it is most evident & transparent, That both the King himself and Lord's, 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 Lord's and Commons to depart from it without special leave, under pain of amercement and other penalties, because no binding Law can be passed without their joint consents. And that the Commons alone are no more a Parliament of themselves without the King and Lord's, than the Common Council of London are an entire Corporation without the Lord Major, Aldermen; or the Covent without the Abbot; the Chapter without the Dean, or the legs or belly a perfect man without the head, or neck.

[ 6] Sixthly, The ancient and constant form of endorsing Bills in Parliament begun in the Commons House in all Parliaments since the Houses first divided, unanswerably demonstrates the Commons of England's acknowledgment of the Lord's 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 Lord's. Yea, the Commons constant sending up of their own Members, with Messages to the Lord's, and receiving Messages from them, and entertaining frequent conferences with them in matters where their opinions differ, in which conferences the Lord's usually adhere to their dissents, unless the Commons giveth emsatisfaction and convince them, and the Lord's oft times convince the Commons, so far as to consent to their alterations 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 Uoyce too: All which would prove but a mere absurdity and superfluity if the Commons in all ages and now too, were not convinced, that the Lord's had as good right to sit and vote in Parliament, and a Negative and dissenting voice, as well as they, never once questioned or doubted till within this year or two, by some seditious Disciples of Lilburnes and Overtons entering, who endeavored to evade their justice on them.

[ 7] Seventhly, This just Right of the Lord's is expressly 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 Lord's and Great Officers of State in the Parliament House; made by the Commons consent, It being in vain to make such a Law, (continuing still till this very day both in force and use) if they had no lawful 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 repeal the Parliament and all proceedings of it held at Coventry the year before, by practice of some seditious persons, of purpose to destroy some of the great Nobles, faithful and Lawfull Lord's and Estates, merely out of malice, and greedy and insatiable covetousness to possess themselves of their lands, possessions, Offices and goods, whereby many great Injuries, Enormities, and Inconveniences, well nigh to the ruin, decay, and universal subvertion of the Kingdom, ensued. The very design of our Lilburnists, Sectaries, and Levellers now; out of particular malice and covetousness, to share the Lord's and all rich Commoners lands and estates between them, being poor and indigent covetous people for the most part, scarce forty of them worth one groat, at least before these times.

[ 8] This apparent Right of theirs, is undeniably ratified and acknowledged not only by the very words of the writs by which the Lord's themselves are summoned to the Parliament, but even of the writs for election of Knights and Burgesses, the form and substance whereof are ancient, and can receive NO ALTERATION NOR ADDITION but by Act of Parliament, as Sir Edward Cook resolves, By this writ the Prelates, Nobles and others of the Realm are summoned to the Parliament there to treat and confer with the King, of the arduous and • rgent affairs of the Realm and Church of England: as the first 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 perform 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 entire Parliament, but to confirm and consent to what the King, Prelates, Great men, and Peers, the Common Council, of the Realm shall ordain about such affairs, as they must of necessity admit the King, Lord's and Peers to be altogether as essential (yea more principal eminent Members) of Parliament though not elective, as the Knights & Burgesses, who are but summoned to consent to & perform what shall happen there by common advise to ordain, or at least to consult and advise with them, as their inferiors; not to over-rule them, as their superiors, and the only Supreme power in the Kingdom; and if they will totally exclude either King or Lord's from Parliament, who are distinct & essential Members of it as well as the Commons, and have always been so reputed until now, the Commons may sit alone as Cyphers, but not as a Parliament, to vote or act anything that is binding to the people; since though in extraordinary cases for the saving of the Kingdom, they may securely use extraordinary means & proceedings, yet regularly they are no more a Parliament without the King, & Lord's, thē the King or Lord's alone are a Parliament without the Commons; or the trunk of a man, a perfect man without a head or shoulders. If 3. be jointly empowered or commissioned to do 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 jointly, & act there jointly, if any one of the three be absent all the rest can do nothing, In Parliament it self, If either House appoint a Committee of 3. 5. or 7. to examine act or execute anything, if but one of this number be absent or put out, the rest can do nothing, that is legal or valid even by course of Parliament, neither can either House sit and vote as a House unless there be so many Members present, as by the Law and custom of Parliament will make up an House as every man's experience can inform him. If these Levellers then will absolutely cut off or exclude the King or Lord's 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 Lord's or King alone without the Commons; the King or either House alone being no Parliament, but both conjoined and enlivened with the Kings personal or representative presence. The cutting of the head alone, or of the head and shoulders, altogether destroys and kills the body Politic and Parliament, as well as the body natural, If the King dies or resigns his Crown, 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 Lord's 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 only of Commoners, when the old one (only within the Act for continuing this Parliament made up both of King, Lord's, and Commons) is dissolved; neither will or can be supported or warranted by the letter or intention of this Law.

[ 9] Ninthly, All the Petitions of the Commons in all Parliaments since the Conquest to the King, or Peers for their redress of grivances recorded in many ancient Parliament Roules: All Acts of Parliament extant usually run in this form The King with the assent of the Lord's Spiritual and Temporal in Parliament hath ordained, and be it enacted by the Kings most Excellent Majesty, the Lord's Spiritual and temporal in this present Parliament assembled. The famous Petition of Right. 3. Car. so much insisted on, beginning thus, Humbly show unto our Sovereign Lord the King, the Lord's spiritual and Temporal 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 Lord's, 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 dismembered from it,) with all Acts and Ordinances since. Yea the Protestation, Solemn League and Covenant, taken by the Commons and Lord's, & prescribed by them to all others throughout the three Kingdoms, which couple the Lord's and Commons always together, (neither of them alone being able to make any binding Ordinance to the subjects unless they both concur, no more than one Member alone of either House can make a House ) and rank the Lord's always before the Commons, and the King before them both; so firmly hold forth, establish the Lord's 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 Lord's, & that absolute Sovereign Power these new Lights have spied out and set up for them in Vtopia, that impudency it self would blush to vent such mad, absurd, irrational 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 trunk of a man are a perfect man without head, neck, arms 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 only Supreame Authority paramount both King & Lord's, who must not have now so much as a Negative voice to deny or contradict any of the Commons Uotes, or Ordinances, though never so rash, unjust, dishonorable, prejudicial or dangerous to the whole Kingdom.

[ 10] Tenthly, These very Sectaries and Levellers themselves have acknowledged and asserted this Right of Power of the Lord's all along this Parliament till of late, as appears by their several Petitions and Complaints to them upon sundry occasions heretofore; by their resorting to them for Justice against Strafford, Canterbury, and others; Yea John Liburne himself, till his late quarrel with them, not only acknowledged their very power of Judicature, but highly applauded their Justice, in his own cause, Petitioning and suing to them not only for reversall of the sentence against him in Starchamber, but likewise for damages and reparations against his Prosecutors, • leading his cause by his Counsel before them, as his proper Judges; who thereupon by Judgment of the House vacated the Decree against him, as illegal; voted him Dammages, and passed him an Ordinance for the recovery and levying thereof; all which he himself both published in sundry of his printed Pamphlets, wherein he acknowledgeth and extolleth their Justice. Take but one passage for all in his Innocency and Truth justified p. 74. 75. If I be transmitted up to the Lord's, and confidently believe 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 six hundred forty one. The King accused me of High Treason, and before the Lord's bar was I brought for my life, where although one Littleton, servant to the Prince, swore point blank against me, yet had I free liberty to speak for my self in the open House; And upon my desire that Master Andrew's also might declare upon his Oath what he knew about my business, 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 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 find they do it.

And at that time he was so much for the Lord's, 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, quarrels only with them, and their Committees for their delays 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 Lord's: nor yet to give or take an Oath: That they are but a piece and lowest part of the Parliament, not a Parliament alone, That they can make no binding Votes, Ordinances or Laws, nor commit, nor command any Commoner, without the Lord's, and in one or two Pamphlets he endeavors to prove them to be now no lawful House of Commons at all, nor would he ever acknowledge them to be so, and that he would make no more conscience of cutting theirs and the Lord's throats, (the Tyrants and Oppressors, at Westminster) then of killing so many Weasels and Polcats; with many other like scurrilous and mutinous expressions. His own 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, voting, and judging in Parliament to be lawful, or else renounce his own former Petitions and addresses to them for justice, retract all his former printed Papers asserting their Power and judicature, and extolling their justice; yea disclaim their judgment for vacating his own Sentence, in the Starchamber, their awarding him Dammages, and passing an Ordinance to recover them, as merely null and void, being made before no lawful or competent Judges, as now he writes, since not elected, by the people's 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 erroneous guide, who writes only out of malice, and faction, not of judgment, as his contradictions evidence. 11 ^lie . 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, confirm the Lord's 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.

•• ^lie . The ancient form still continued till this day of dismissing Parliaments and dissolving them, by the Kings licensive, THE LORD'S 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 special license of the King) during its continuance, in despite of all ignorant cavils to the contrary.

Having thus impregnably evinced the Lord's undoubted right to sit and vote in Parliament, though they be not elective by the people's voices 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 Lord's and Peers to sit and vote in Parliament by right of their Nobility and Peerage; which will abundantly satisfy rational men, and much confirm their right.

[ 1] First, the Nobles and Great Officers in all Kingdoms, and in our Kingdom too, in respect of their education, birth, experience and employment in State-affairs, have always been generally reputed the wisest and best experienced Common-wealths men, best able to advise and Council the King and Kingdom in all matters of Government, Peace, or War; as our Historians, Antiquaries, Politicians and Records, acknowledge and attest; whence they were anciently styled 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 styled in ancient times Consilium SAPIENTVM: upon which Grounds our Kings (and Commons too, when ever they recommended Counselors of State to the King in Parliament) made choice of Lord's and other Peers for their Privy Counselors) and therefore it was thought fit, just and equal the King should ever summon them to the Parliament by his Writ, without any election of the people, for their own inherent wisdom, excellency and worth, the Original cause of advancing and ennobling them at first, as is expressed in their Patents: and evident by these Scripture texts. Esth. 1. 13, 14. Isaiah 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 wisdom and experience able to counsel and advise the King in all his weighty and arduous affairs both of the Kingdom and Church: I could give many instances wherein the Commons in Parliament have extraordinarily applauded the Lord's and Peers for their great wisdom, and especially desired their wholesome Counsel, as persons of greater wisdom and experience then themselves: but for brevity sake, I shall cite only two Records; one of them most suitable 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, Earls, Barons and Commons declared, that the Parliament was called for two causes: The first concerning the Wars which the King had undertaken by the consent of the Lord's 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 days they should give answer to the King and His Counsel 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, confirm 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 Council should therein advise Him. 28 Edw. 3. n. 55. The Commons submit the whole business of the Treaty of Peace with France, TO THE ORDER OF THE KING, AND OF HIS NOBLES. And • 6 Edw. 3. n. 6. The LORD'S 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 redress of grievances and public affairs 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 Lord's 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 joining 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, in 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 entirely 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 today, 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 sudden arivall of Enemies, or by some other means this Parliament must of necessity be departed from by all and dissolved, so as the Lord's and Commons should never re-assemble again to redress the said Mischiefs and others, which God defend. And therefore that it would please the King considering the HIGH WISDOMES AND DISCRETIONS OF THE LORD'S, 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 LORD'S Spiritual and Temporal, 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 Lord's WOULD COUNSEL and show 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 Lord's, as the said Commons, that they should do their diligence, and show unto Him their good and wholesome 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 Lord's, 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 persevere the same without any courtesy 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 Lord's and Commons would now cordially and sincerely promise and engage to do, without self-ends or interests, we might see our Church and Kingdom speedily settled in a peaceable and happy condition. In brief, the Lord's in the very Writ touching Knights and Burgesses, are styled, The Common Council of the Kingdom, 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 LORD'S by waging of their extraordinary wisdom and abilities. And therefore most fit to sit, vote, and judge in Parliament.

Secondly, The Lord's and great Officers of the Realm, 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 redress all public grievances, and enchroachments, of the King upon their own and the people's Liberties, in defense whereof they have in ancient times been always 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 wisdom, policy and right, thought meet, that they should always be summoned to, and bear chief sway in our Parliaments, in respect of their Peerage, Power and Nobility only without the people's election. This reason of their sitting in Parliament, we find expressly recorded in Bracton, l. 2. c. 16. fol. 34. and in Fleta, l. 1. c. 17. The King (say they) hath a Superior, 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 shall 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 less 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 Lord's & Barons were the Ringleaders and chief Opposers of these Kings Usurpations and Encroachments on the people, as all our Histories and Records relate; whence they style the Wars in their times, THE BARONS WARS: and before this, the Nobles were the principal 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 of K. John a Parliament held at Paul's, 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 their blood. And afterwards at S ^t . Edmond's 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 defense of their own and the people's Rights and Liberties against the King: whereupon it was afterwards enacted, That there should be 25 BARONS chosen by the LORD'S (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 transgress the same, or offend in any one Article, 4. of the said BARONS should immediately repair to Him, and require redress of the same without delay: which if not done within forty days 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.

Mat. Paris, speaking of the death of Geoffrey Fitz-Peeter, one of the greatest Peers of that age, writes thus of him, This year ( an. 1214.) Geoffrey Fitz-Peeter Justiciary of all England, a man of great power and authority, TO THE GREATEST DETRIMENT OF THE KINGDOM, ended his days the 2 day of Octob. ERAT autem FIRMISSIMA REGNI COLUMNA, 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 the King without love did fear him above all men, for he governed the reins 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 faithful man, neither could England breath again after the death of these two. When K. John heard of Fitz-Peeters death, turning to those who sat about him, He said, By God's 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 Geoffrey for the people's Liberty and Kingdoms peace. Such Pillars and Staies are great and stout Peers to a Kingdom, & Curb to tyrannical Kings; and therefore of me • Right ought to have a place and voice in Parliaments, for the very Kingdoms safety and welfare, without the people's election.

In the 43 year of K. Hen. 3. his reign. The Barons of England entered 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 well as others. In these Barons wars for the Subjects Liberties, many hundred Lord's 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 • R • shing • r thus writes, Thus this magnificent Earl Simon ended his days, 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 reign, the Barons were the chief Sticklers against Gaveston, and the Spencers, who seduced the King, and oppressed the people: and principal Pillars of our Laws & Liberties, as our Historians relate at large, & procured th • se ill Counselors to be removed from the King even by force of Arms.

In 10, 11, & 22. of K. Rich. 2. the Lord's were the principal opposers of the Kings ill Counselors, and Tyranny and protectors of the Laws and people's Liberties, to the loss of some of their lives, h • ads and estates, as our Statutes and Rolls of Parliament in those years, and Historians witness: whence Walsingham writing of the Duke of Gloucester's death, murdered by the Kings command at Calais, who was the principal 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 Traitor, and his Head and Quarters hung up in several places, and K. Richard among other Articles deposed, for causing him to be murdered.

Since then our Pe • trs and Nobles have been always persons of greatest valor, power, estate, interest, most able and forwards to preserve the Laws and people's Liberties, which they have upon all occasions defended with the hazard and loss of their Lives, Liberties, and Estates, and upon this ground were thought meet by the wisdom of our Ancestors, to enjoy this privilege of sitting, voting and judging in Parliament by virtue of their Peerage and Baronnies: And since we must all acknowledge, that the Lord's were the chief instruments of calling this present Parliament, and were therefore in the Act for Trienniall Parliaments, principally entrusted to summon and hold all future Parliaments in the Kings, and Lord Chancellors, or Lord Keepers defaul •• : and were very active in suppressing the Star-chamber, High-Commission, Council-Table, Prelates, and other grievances, and those who first appeared in the Wars against the King and his party, to the great encouragement of others, (witness the deceased Lord General Essex, Brooke, Bedford, Stamford, Will • ngh by, Lincoln, 〈◊〉 , Manchester, Roberts, and others) it would be the extremity of folly, ingratitude and injustice to deny our Peers this Privilege and Honor now, which their Ancestors have purchased at so dear a rate; and a means to dis-engage them forever from the Commons, and Republic, for such an high dishonor and affront.

[ 3] Thirdly, our 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-affairs then they. And therefore our Ancestors thought it meet and just that they should have this privilege among others above ordinary Commoners, to be present in all our Parliaments, by Writ only, 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 only in the right of others who elect them, not in their own right, as the Lord's are, whose estates anciently were far more worth then many whole Burroughs put together; and their families, retainers and followers far more in number. And so their engagements to maintain the Laws, Liberties and Properties of the Subject, greater then inferior men's.

[ 4] Fourthly, It is one principal property of Members of Parliament to be constant, stout, inflexible, and not to be bowed or turned from the right and public good, by fear, favor, promises, rewards. Now Peers of noble birth and education, and more generous heroic spirits then the vulgar sort of men, are not so apt to be over-awed with regal threats, terrified with menaces, tempted with honors, preferments, and wealth, (which they already enjoy in a higher proportion then others) nor seduced with rewards and private ends from the common good and interest, wherein their honor, wealth and safety are embarked; as ordinary Commoners, and men of meaner rank 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 own rights, without the people's election; and to leave the people to elect such other persons to represent and vote for them in Parliament in whom they most confided.

Fifthly, our Peers in Parliament (though they serve for the common good of the whole Kingdom, which have always trusted in them, in matters of counsel, Judicature, and making Laws) yet they represent up persons but themselves only, and bear their own expenses: Wherefore there is no shadow of reason why the people should elect them, since they do not represent them, nor pay them wages, as they do 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 Ancestors, not from the common people, as to sit in Parl • ament by the people's election, only 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 only confers on them) and to their Lands and Freeholds, which they enjoy in their own right, because they are elected by the Free-holders to sit in Parliament in their right who elected them, not their own alone, which Barons do not.

By all which premisses it is most apparent, That our Lord's 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 always make choice of the best and wisest men, as experience manifests) is not only just and lawful in respect of Right and Title, but originally instituted upon such grounds of Reason and Policy, as no rational 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 Honor, 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 Kingdoms 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 only enacts, but requires all the Lord's and Barons of this Realm, to meet and sit in every Parliament, under a penalty, but likewise prescribes an Oath to the Lord Keeper and Commissioners of the Great Seal under severe penalties to send forth Writs of Summons to Parliament, to them all, and in his default, enabled and enjoined the Peers of the Realm, or any twelve or more of them, to issue forth Writs of Summons to Parliament under the Great Seal of England, for the electing of Knights, Citizens and Burgesses: which Act will be merely void and nugatory, if their Votes and Right of sit in Parliament be denied, or the House of Peers reduced to the House of Commons, which this very Statute doth distinguish.

The Kings and Lord's sole right of Judicature in Parliament, without Commons clearly evidenced.

The Lord's Jurisdiction and undoubted Right to sit and Vote in Parl • ament, being clearly evicted, and und ••• ably manifested by the Premises; I shall next proceed to make good their Jurisdiction and lawful 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 twofold proceeding in Parliament, by way of Judicature and Censure. First by Bill of Attainder; and therein the King, Lord's and Commons must all concur; because such Judgment is given extrajudicially, only by the Legislative power; wherein the Commons have of Right, a Vote and consent, as well as the King and Lord's; and in this course of proceedings, the King and Lord's alone can do nothing judicially without the Commons, no more then make an Act of Parliament without them: Of this kind • of Judgment and Attainder by Bill, wherein the King, Lord's, and Commons jointly concur, 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 the Parliament Rolls, many of which are cited by Sir Edward Cook, 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 formal Judgment given in Parliament in Causes, civil and criminal, upon Writs, Petitions • Indictments, informations, or Impeachments, and that either against or between Peers themselves, or against or between Commons who are •• Peers, in both which the Lord's have a proper Judiciary power without the Commons. That they have such a legal and sole Judicatory, in the case of Peers, is acknowledged by all; who neither may nor ought by Law, to be cried or judge for any Treason or criminal cause (unless in cases of Appeale at the suit of the subject ) but only by the lawful judgment of their Peers by the express provision of Magna Charta with sundry other Statutes, and by the very Common Law. This right of theirs, in case of Peers is clearly evident by the Judgment 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 Honor, Part 2. c. 5. p. 634, 635. in the Trial of Roger Earl of Hereford, in the 8. year of William the Conqueror, who was sued and found guilty of Treason by his Peers. Cook. 2. Institut. p. 50. by the Judgment 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 & BARONUM, 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 Lord's, may be arraigned thereof in the upper House of Parl. As FREQUENTLY IN PARL: 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 tried only by and before the Lord's 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 lawful power of Judicature, in, or • ver the causes and Persons of the Commoners of England, in matter civil or criminal, so far as to judge their Causes, or censure, fine, imprison, or condemn their persons in any case without the Commons? This the ignorant sottish sectaries, Levellers, seduced by their blind guides, Lilburne and Overton peremptorily deny, without the least shadow of truth or reason; the contrary whereof I shall infallibly make good to their perpetual 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 people's Causes in the Tournes, County-Courts, County Barons; even by virtue of their Dignities and Offices, as our Sheriffs have now; in which Courts they did instruct the people in the Laws of the Land; and administer Justice to them in all ordinary and criminal causes. For proof whereof you may peruse at leisure, M. Seldens Titles of Honor, Part 2. c. 5. Sect. 5. Sir. Edw. Cooks Institutes on Magna Charta, c. 35. His 4. Institutes, c. 53 Spelmanni Glossarium. Tit. Comites, M. Lamberts Archaion, Horns 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 Honors & 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 criminal as civil.

[ 2] Secondly, The Lord's, Peers, and great Officers of State, in respect of their education, learning and experience in all proceedings of Justice and State affairs, 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 Burroughs themselves for which they serve, as anciently they were, and still ought to be by the Statutes of 1 H. 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 several 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 Peers, who are the 〈◊〉 and fittest of the two, rather then in the Commons House, as I shall prove anon.

[ 3] Thirdly, 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 Temporal and Spiritual persons for their Assistants in judgment and advice, to wit, all the Judges of the Realm, Barons of the Ex • hequer, of the Coyse, the Kings learned Council, the Masters of the Chancery that are Courtiers or Lawyers, the Master of the Rolls, the Principal 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 Lord's 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 Judges of England, the Kings learned Council, and other ablest to advise them in all Civil or Ecclesiastical matters: were and are in this regard thought fittest by our Ancestors, and the Commons themselves in Parl: who have no such assistants, to have the principal and sole power of Judicature, in all or most civil or criminal causes between Commoner and Commoner, that proper for the Parliaments Judicature by way of relief, redress or censure.

[ 4] Fourthly, there can be no judgment given in any of the Kings Courts, but when the King is personally or representatively present, sitting upon the Tribunal, 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 Commons, 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 supreme Judge sits usually in Person.

[ 5] Fifthly, there can be no legal trial or Judgment given in Parl: without examination of witnesses upon oath, as in all other Courts of justice. But the House of Peers alone have power to give, and examine witnesses upon Oath; and the whole House of Commons no such power, but to take Informations without Oath, which they nor their Committees cannot administer, unless by Order and Commission from the Lord's: Therefore the power of judicature in Parl is inherent only in the House of Poers, and not in the Commons House.

[ 6] Sixthly, it is a rule both of Law and common Justice, that no man be an informer, prosecutor, and judge too of the persons prosecuted, and informed against, it being against all grounds of justice. But the Commons in all ancient, and in this present Parl: have been informers and prosecutors (in nature of a Grand Inquest▪ to which some compare them) summoned from all parts of the Kingdom to present public grievances and Delinquents to the King and Peers for their redress ) witness their many impeachments, accusations and complaints sent up and prosecuted by them in former parl: & this to the Lord's not only against Peers, but Commoners, of which there are hundreds of presidents this very Parl: Therefore the House of Lord's hath the proper right of judicatory vested in them, not the Commons; who are rather informers, prosecutors and Grand-Jury men, to inform and impeach, then Judges to hear, censure, or determine.

[ 7] Seventhly, those who are proper Judges in any Court of justice, whiles the cause is judging sit in their Robes, covered on the bench; not stand bare at the bar; swear & examine the witnesses in the cause, not produce them or manage the evidence, & when the cause is fully heard, argue and debate the business between themselves and give the definitive sentence. But in cases that are to be tried & judged in Parl: the Lord's only sit covered and in their Robes upon the Bench, but the Comons stand bare at the Bar: the Lord's only swear and examine the witnesses and judge of their testimony: the Commons only produce the witnesses, or press and manage the evidence; and when the business is fully heard, the Lord's only debate the business among themselves and give the final Sentence and Judgment without the Commons; and that both in cases of Comoners and Peers. Therefore the Lord's, or house of Peers, are sole Judges in Parl: not the Commons.

And that they are and always have been so de facto (unless by way of Bil of Attainder or in such extraordinary cases when their concurrence hath been desired) I shall prove by most clear and infallible evidence. To pretermit the judgment of the Earls & Barons in Parl: in the case of Earl Goodwin for the murder of Alfred in K. Edw. Conf. reign before the Conquest, and the judgment of the Barons the Lord's in Parl: against Tho: Becket Arch-b. of Can. in K. Hen. 2. reign, cited by M. Selden, of which you may choose the same, with the punctual authority of Andr. Horne in his Mirror of Justices, c. 1. § 2. forecited.

First, in Pleas of the Crown, and other Common Pleas plainly •• able in Parl: as well between Cōmoners as Peers; the Pleas have been exhibited, heard, and judgment given upon them by the King and Lord's jointly, or the King alone, by which the Lord's assent, or by the Lord's themselves, without the Commons; as is evident by the Parli: Rolls and Pleas in Parl: in K. Ed. 1. 2. 3. 4. Ric. 2. Hen. 4. 5. 6. where there are hundreds of instances to confirm it: some of them printed in Sir Edw. Cokes, 3 Instit: c. 1, 2. and M. St Johns Argument in Law upon the Bill of Attainder against the Earl of Strafford.

[ 2] Secondly, in all Writs of Error brought in Parl: by Peers or Cōmoners to reverse any erroneous judgments touching their real or personal Estates, lives, or attainders, The KING & LORD'S ONLY ARE JUDGES, and the proceedings upon such Writs, are ONLY BEFORE THE LORD'S IN THE UPPER House, secundum Legem & co • suetudinem Parliamenti. So Sr Ed. Coke in direct terms, in his 4. Instit. p. 21, 22, 23. where he produceth divers presidents of such writs of Error out of the Parl: Rolls, and present experience manifests as much in all the the writs of Error brought this Parl: adjudged and determined by the King and Lord's alone, without the privity of interposition of the Commons. A truth so clear that Lilburne himself in his Argument against the Lord's Jurisidiction confesseth it, and the Parl: Rolls quoted in the Margine, with sundry others resolve past all dispute. If then the Lord's be the sole Judges in all writs of Error concerning the goods, estates, free-holds, inheritances, lives, and attainders of the Commoners of England, notwithstanding the statute of Magna Charta, c. 29. No Free-man shall be taken, or imprisoned, or disseised of his Free-holder Liberties, of Free-customs, nor outlawed, nor exiled, neither will we pass upon him, nor condemn him, but by THE LAWFUL IUDGMENT OF HIS PEERS, &c. (the grand and principal objection against their Judicature) then by the self-same reason they are and may lawfully proceed against them in all other civil or criminal causes, (especially breaches of there own privileges of which themselves are the sole and only Judges, the cases of Lilburne and Overton ) properly triable in Parliament.

[ 3] Thirdly, in all Petitions and complaints against Cōmoners for redress of grievances, the King and Lord's are the sole and proper Tuns and Judges, not the Cōmoners, as appears by all the Parl: Rolls in former times; wherein we find in the beginning of every Parl: some Assistants of the Lord's house appointed by them to be receivers of the Petitions of England, Ireland, Wales & Scotland; others appointed receivers of the Petitions of Gascoyne, & other parts beyond the Seas, and the Isles of Jersy and Gernsey, &c. And some Lord's appointed tryers of those Petitions, who had power given them to call the L ^d Chancellor, Treasurer, Steward, Chamberlain, the Judges, Kings Serjeants and others to their assistance; prescribing also by what day the Petitions should all be exhibited, and the place where they should be examined. All particular persons usually presenting all their grievances and petitions immediately to the King & Lord's (without any address to the Commons by Petitions, as now of late) there being no Petitions of record in the Parl: Rolls addressed immediately and originally to the Commons, that I can find. And towards the end of the Parl: Rolls, there is this Title usually. The Petitions of the Cōmoners (containing all Petitions of the Commons house for redress of public or particular injuries and grievances ) presented to the King in the Lord's house, and answered by the King alone, with the consent of the Prelates Counts & Barons: with which answers the Commons rested satisfied, whether granted or denied, as ofttimes they were. Of w ^ch you may read something in S ^r E. Cokes 4. Instit. p. 16. & more in the Records themselves.

[ 4] Fourthly, in all criminal causes in Parl: by way of accusation, impeachment or indictment, the King & Lord's were the proper Judges; as is evident by Placita Coronae coram Domino Rege in Parliamente sue, at the end of each Parliam: Roll; wherein the King and Lord's, or only the King and Lord's alone generally gave Judgment of imprisonment, fine, banishment and death itself, even against Cōmoners themselves without the Commons; the thing now principally controverted and denied: for proof whereof I shall cite some few punctual presidents and records, instead of many which might be insisted on.

In the famous Parl: held at Claredon under K. Hen. 2. 〈◊〉 . D. 1164. there was a recognition made of all the ancient Customs of the Realm, which all the Prelates, Abbots, Earls, Barons and Nobles swore firmly to observe to the King and his Successors, whereof this was one, That the Arch-b. Bishops, and other Clergy men who held of the King in Capite by Barony; Sicut caeteri Barones debent interesse JVDCIIS CVRIAE REGIS CVM BARONIBVS, quousque perveniatur AD DIMINVTIONEM MEMBRORVM, VEL AD MORTEM: which proves the power and right of Judicature even in those times and long before, to be settled in the Barons as well in Parliament, as in the Sheriffs Tourne, and that in case of Commoners as Peers.

In the Parliament of 4. E. 3. num. 1. 2. 3. 4. 5. Roger Mortimer, Earl of March, a Peer, Sir Simon Bereford, Knight, of Council and assistant to the said Earl John Mautravers Bose de Bayous, and John Deverall, for being guilty of the death of Edward Earl of Kent, Thomas Gournay, William of Ocle, for murthering King Edward the second, after his deposition, were attainted and condemned of High treason, and some of them then in cu •• odie accordingly executed by Judgment of the Lord's and Peers alone; who AS JUDGES OF THE LAW by the Kings consent gave judgment of death against them; as the Parliament Rolls more largely relate.

It is true indeed, that after these Judgments given the LORD'S the same Parliament, num. 6. entered this Protestation; That alboit the Lord's, and Peers of the Realm, AS JUDGES OF THE PARLIAMENT, in the presence of the King had taken upon them to give Judgment of such who were NO PEERS OF THE REALM, that he eafter NO PEERS should be compelled to give Judgment ON ANY OTHERS WHO WERE NOT THEIR PEERS, according to the Law.

From this Protestation of the Lord (which Lilburne principally insists on) he and some others conolude; that the Peers in Parliament have no right at all to imprison, fine, judge, or pass sentence of death against any Commoner for any offense, no, not for breach of their own Privileges) but only the Commons.

To which objection I answer; First, that this is no Act of Parliament, as Sir Edwards Cook mistakes, but a bare Protestation of the Lord's, without Kings or Common • assent and that neither the House of Commons nor the Commoners then attainted of Treason and judged to death by the Lord's, ever demurred or excepted against their Jurisdiction, as Lilburne and Overton do, but acknowledged and submitted to it. Secondly, That in this very Protestation the Lord's profess and justify their right of BEING JVDGES in Parliament without admitting or acknowledging any joint or sole right of Judicature with them in Parliament in the Commons. Thirdly, That this Protestation was merely voluntary, not in derogation, but preservation of their own Honor and Peerage, and the Parliaments too; and the substance of it no more, then this; That the Lord's in Parliament should not be constrained against their wills by the Kings command, and in his presence, to give judgment of death in ordinary cases of treason or Felony in the high Court of Parliament, against such who were no Peers, who in such case • by the Law might, and ought to be tried in the Kings Courts at Westminster, or before the Justices of Oyer and Terminer by a Jury of their equals; but only in such cases which could not well be tried else-where, and were proper for their Judgment in Parliament, This is the whole sum and sense of their protestation. To argue therefore from hence, That they cannot pass sentence, or judgment against any Commoners in any case proper for their Judicature in Parliament, because they protested only against being COMPELLED to g • ve Judgment against such as were no Peers, in cases triable else-where, and not proper for their tribunal (as the Objectors hence conclude) is quite to mistake their meaning, and to speak rather non-sense, then reason or Law. Fourthly, This Protestation was made only against the Lord's giving sentence in Felony and Treason, and that in the Kings own presence in Parliament (who usually pronounced the Judgment himself, with the Lord's assent and did not charge the Lord's to pronounce it, as here he did) not against sentencing, fining and imprisoning any Commoner for railing and Lybelling against their Persons. Jurisdiction, and proceedings; refusing to answer, and contemning their Authority to their faces at the Barre; and appealing from their Judicature in case of breach of Privilege of which themselves alone and no others are or can be Judges; the case of Lilburne and Overton; whose commitments are warranted by hundreds of Presidents, in this and former Parliaments. Therefore for them to apply this Protestation to their cases with which it hath no Analogy, is a manifestation of their injudiciousnesse and folly rather then a justification of their Libellous Invectives against the Lord's injustice. Lastly, this Protestation did not foreclose the Lord's in this or future Parliaments to give Judgment against Commoners in other cases of Felony and Treason, even without the Commons: To prove this by some instances.

In the Parliament of 1. H. 4. Placita Coronae, num. 11. to 17. John Hall being in custody of the Marshall of England, and brought by him before the Lord's in Parliament and there charged by him, by Walter Cl • pton, Lord chief Justice, by the Kings command, with having a hand in the murder of the Duke of Gloucester who was smothered to death with a featherbed at Calayes by King Richard the seconds command, the whole relation whereof he confessed at large, and put in writing before James Billing ford, Clerk of the Crown, which was read before the Lord's, upon reading whereof, the King and ALL THE TEMPORALL LORD'S IN PARLIAM • NT resolved that the said John Hall by his own confession deserved to have as hard a death as they could adjudge him to, because the Duke of Gloucester was so high a Person, and thereupon TOVTE LES SEIGNEIURS TEMPORELZ per assent du ROY ADJVGGER • N • all the temporal Lord's by assent of the King AJVDGED that the said Joh. Hall should be drawn from Tower hill unto the Gallows at Tiburn, & there kenelled; & his bowels laid before him; and after he should be hanged, beheaded, and quartered, and his head sent to Calayes where the murder was committed, and his quarters sent to other places where the King should please; and thereupon command was given to the Marshall of England to make execution accordingly; and it was so done the same day.

Lo here the Lord's in Parliament g • ve judgment against a Commoner in case of a murder done at Calayes, (and so not triable at the Kings Bench, but in Parliament) and pass a judgment of High treason on him, for murthering of a great Peer only.

And which is most remarkable, all the Commons In this very Parliaments of 1 H. 4. nu. 70. Nov 3. made their Protestation, and further remonstrated to the King, Com: LES JVGGEMENTS DV PARLEMENT APEIRTEIGNENT SOVLEMENT AV ROY ET AS SEIGNEIVRS, ET NIENT AS COMMVNES: how the judgment of the Parl. appertained ONLY TO THE KING and TO THE LORD'S, and NOT VNTO THE COMMONS; except in case it should please the King OF HIS SPECIALL GRACE to show unto them the said JVDGEMENTS: purcase de eux, que null record soit fait in Parlement, encoutreles ditz Communes quill soit ou serront parties ascunes juggements donez ouadoues en Apres in Parlement. Whereunto it was answered by the Archbish. of Canterbury by the Kings command, how the said Commoners are petitioners, and demanders, and that THE KING & THE LORD'S de tont temps ont eves et aueront DE DROIT LES JVGGEMENT EN PARLEMENT, en manere come me me les communes ount monstres. HAVE ALWAYES HAD AND SHALL HAVE OF RIGHT THE JVDGEMENTS IN PARLIAMENT, in manner as the Commons themselves have declared, except in making Statutes or in making Grants and Subsidies, or such things for the common profit of the Realm, wherein the King will have especially their advice, and assent; and that this order of proceeding shall be held and kept IN ALL TIMES TO COME.

By which record in Parliament it is apparent, by the House of Commons own confession, First that the Judgments in Parliament even in cases of Commoners appertain ONLY TO THE KING and LORD'S, in the affirmative. Secondly, that they appertain NOT TO THE COMMONS in the negative. Thirdly that the King and LORD'S HAVE ALWAYES HAD and ENJOYED THE RIGHT of Judgments in Parliament. Fourthly, that they should always hold and enjoy this Right, IN ALL TIMES TO COME. Fifthly that the Commons special advise and assent was and is required by the King in Parliament, only in making of Statutes, Grants and Subsidies, and such like things for the common profit of the Realm.

So full and punctual a Parliamentary decision of the present controversy, as is uncapable of any answer or evasion.

In the Parliament Roll of 17. R. 2. num. 20. 21. John Duke of Gayen and of Lancaster, Steward of England, and Thomas Duke of Gloucester, Constable of England, the Kings Uncles, complained to the King, that Thomas Talbot Knight, (a Commoner and no Peer) with other his adherents, conspired the death of the said Duke in divers parts of Cheshire, as the same was confessed and well known, and prayed that the Parliament might judge of the faul • , (to wit, whether it were treason according to the clause of the Statute of 25, E. 3. c. 2. It is accorded that if any other case supposed Treason which is not above specified, doth happen before any Justices, the Justices shall tarry without any going to judgment of the Treason till the cause be shown and declared before the King and His Parliament, whether it ought to be judged Treason or Felony) whereupon the KING and THE LORD'S IN THE PARLIAMEN • (without the Commons though in case of a Commoner) ADJVDGED THE SAME FACT TO BE OPEN and HIGH TREASON; and thereupon they award two writs, the one to the Sheriffs of Darby, to take the body of the said Sir Thomas, retornable in the Kings Bench, in the month of Easter then next following; and open Proclamation was made in Westminster Hall, upon the Sheriffs return, and the next coming in of the said Sir Thomas that the same Thomas SHOVLD BE CONVICTED OF TREASON, and incur the loss and pain of the same; and that all such as should receive him after the same Proclamation, should incur the same loss and pain. Sir Edward Cook; relating this Judgment, adds his own opinion at the end: That this judgment wanting the assent of the Commons was no Declaration, (of Treason, within the Act of 25. E. • . because it was not by the King and his Parliament according to this Act, but by the King and Lord's ONLY.

But the record of Parliament, and the Judges and Commons then admitted it to be good; and process issued out, and judgment was given accordingly: the parties concerned taking no such exceptions to it. So that this Record is a pregnant evidence. That the King and Lord's are the sole Judges in Parliament, in the case of Commoners, even in declaring and judging, what is or what is not treason, within the Statute of 25. E. 3. because the Commons are no Judges in Parliament, and so cannot Judge or declare (unless in a legislative way by Act of Parliament ) what is Treason or Pelony, but the King and Lord's alone.

To put this out of question, I shall cite one notable record more to this purpose. In the Parliament of 5. H. 4. 11. 12. on the 8. of February the Earl of Northumberland came before the King Lord's and Commons in Parliament, and by his Petition to the King acknowledged that he had done against his Laws and alegiance, and especially for gather of power and giving of Liveries, for which he put himself upon the Kings grace and prayed pardon; the rather, for that upon the Kings Letters, he yielded himself, and came to the King at York; whereas he might have kept himself away. Which Petition by the Kings command was delivered to the Justices to be examined, and to have their counsel and advice therein: Whereupon the LORD'S made a Protestation que le Juggement appertient aeux tout soulement THAT THE JUDGEMENT APPERTAINED ONLY TO THEM. And after the said Petition being read and considered before the King and the said Lord's as Peers of Parliament, a queux tells • uggementz apperteignent DE DROIT. TO WHOM SUCH JUDGEMENT APPERTAINED OF RIGHT, having had by the Kings command, competent deliberation thereupon: and having also heard and considered as well the Statute made in the 25. year of King Edward the Kings Grand-father that now is, concerning the Declaration of treason, as the Statutes of Liveries made in this Kings reign, ADJUDGED, that that which was done by the said Earl contained within his Petition, was neither Treason, nor Felony, but Trespas; for which the said Earl ought to make fine and ransom at the will of the King. Whereupon the said Earl most humbly thanked our Lord the King, and the said Lord's his Peers of Parliament FOR THEIR RIGHTFULL JUDGEMENT, and the Commoners for their good affectious and diligence used and shown in this behalf; And the said Earl further prayed the King, that in assurance of these matters, to remove all jealousies and evil suspicions, that he might be sworn a new in the presence of the King, the Lord's and Commons in Parliament; and the said Earl took an Oath upon the Crosier of the Archbishop of Canterbury, to be a faithful and loyal lige to our Lord the King, the Prince his son, and to the heirs of his body inheritable to the Crown according to the Laws of England: Whereupon the King out of his grace pardoned him his fine and rausome for the trespass aforesaid. After which num. 17. the Lord's spiritual and temporal, humbly thanked the King sitting in his royal Throne in the white Chamber, for his grace and pardon to the said Earl of his fine and ransom: and likewise the Commons thanked THE LORD'S SPIRITUALL and TEMPORALL FOR THE GOOD and JUST JUDGEMENT THEY HAD GIVEN AS PEERS OF PARLIAMENT TO THE SAID EARLE.

From this memorable record I shall observe, First that though this Declaration of this Earls case was made by his Petition in the presence of the King, Lord's and Commons in Parliament according to the Statnte of 25. E. 3. yet the Lord's only by Protestation in presence of the King and Commons, claimed to be THE SOLE JUDGES OF IT as Peers of Parliament, and belonging to them OF RIGHT. S • condly, That this claim of theirs in this case was acknowledged and submitted to both by the King and Commons: and thereupon the Lord's only, after serious consideration of the case and Statutes, whereon it depended gave the definitive sentence and judgment in this case, that it was neither Treason nor Felony, but Trespas only &c. Thirdly, That the Earl thanked the King, only for his grace, the Lord's FOR THEIR JUST JUDGEMENT and the Commons only for their good hearts and diligence, having no share in the judgment though given by the Lord's both in the Kings and their presence; and that the Commons themselves returned special thanks to the Lord's spiritual and temporal on Parliament for their good and just judgment. Fourthly, That this judgment of the Lord's only, was final and conclusive, both to the King and Commons, who aquiesced in it.

All that can be objected to evade this President, is that this Judgment was given in case of a Peer, wherein the Lord's only are the Judges, by Magna Charta, c. 29. but not of a Commoner, which is the question.

I answer, that though this judgment of theirs was in case only of an Earl, who was a Peer, & triable only by his Peers, yet the King & Lord's in this Parliament, the very same day gave Judgment of High Treason against Henry and Thomw Peircy (one of them no Peer) and OTHERS who were in their company (who were but Commoners and no Peers) for levying war against the King, and that without the Commons, as is evident by the Parliament Roll of 5. H. 4. nu. 15. Et anxy mesme le vendreay AIVGGES PAR LE ROY ET SEIGNEIURS EN PARLEMENT, que levier de guerre fait per les ditz Monsieur Henry, & Monsieur Thomas▪ furont tenuz pur treason: & ceo si bien de eux mesmes come DE AUTERS qui fueront en lour compaigne, au temps de dit lever; which quite takes off this Objection.

To put all out of question, I shall instance in some few ancient prefidents more, which are full and punctual.

In the Parliament of 1. R. 2. num. 38. 39. 40. The Commons prayed, that all those Captains who had rendered or lost Castles or Towns through default might be put to answer it in this Parliament, and severely punished according to their deserts BY AWARD (or Judgment) OF THE LORD'S and BARONS, to eschew the evil examples they had given to other Governors of Towns and Castles. Whereupon Sir Alexander de Buxton, Constable of the Tower, was commanded to bring BEFORE THE LORD'S IN PARLIAMENT, William de Weston, and Lord of Gomynes, (both of them Commoners) on Friday the 27. of November, to answer such Articles as should be surmised against them on the Kings behalf. Being brought BEFORE THE LORD'S in full Parliament, they were severally articled against, at the command of THE LORD'S, by Sir Richard le Scrop, Knight, Steward of the Kings House, and their several Articles, and answers to them in writing, being read before THE LORD'S; Which done, the Constable was commanded to bring them again before THE LORD'S on Saturday next ensuing, being the 20. of November; on which day, it was shown unto them severally by the said Steward, by THE LORD'S COMMAND, That THE LORD'S OF THE PARLIAMENT (whose names are particularly mentioned in the Roll) had met together, and considered of their respective answers, and that IT SEEMED TO THE LORD'S AFORESAID, that the said William had delivered up the Castle of Outherwycke to the Kings enemies without any duresse▪ or want of victuals, contrary to his allegiance, and undertaking safely to keep it; and therefore THE LORD'S ABOVE NAMED SITTING IN FUL PARLIAMENT ADJVDGE you TO DEATH, & THAT you SHAL BE DRAWN and HANGED. But because our Lord the King is not informed of the manner of the Judgment the ex • cution of it shall be respited till the King be thereof in • ormed.

A • ter which Judgeme • t given it was shown to the said John Lord of Gomynes by the 〈◊〉 Steward how the said LORD'S had assembled and considered of his answer: and THAT ••••• EEMED TO THE LORD sitting in full Parliament, that without duresse or default of victuals or other necessaries for the defense of the Town or Castle of Arde, and without the Kings command, he had evilly delivered and • urrendred them to the Kings Enemies by his own default against all apparance of right or reason, against his undertaking safely to keep the same. Wherefore THE LORD'S aforesaid here in full Parliament ADJUDE YOU TO DEATH. And because you are a Gentleman and a Baronet, and have served the Kings Grandfather in his Warrs, and are no Liege • man of our Lord the King▪ you shall be beheaded without having OTHER JUDGEMENT. And because that our Lord the King is not yet informed of the manner of this Judgment, the execution thereof shall be put in respite, until our Lord the King be informed thereof.

Loe here two express Judgments given in Parliament by the Lord's alone, without King or Commons, in case of Treason, even against Commoners themselves. And an express acknowledgement of the Commons of the Lord's right to award Judgment in these cases, without the King or them; then which a fuller and clearer proof cannot be desired.

In the self-same Parliament, 1. R. • . num. 41 42, 43. Dame Alice Piers was brought before THE LORD'S, and charged by Sir Richard le Scrope, with sundry misdemeanors which she denied; hereupon divers Witnesses were examined against her: Whereupon JVDGEMENT WAS GIVEN BY THE LORD'S AGAINST HER, that she should be banished, and forfeit all her lands, goods, and tenements whatsoever. To this Judgment, neither King nor Commons were parties, but the Lord's only.

To these I might add the cases of Sir William de Eleuham, Sir Thomas Trivet, Sir Henry de Ferriers, and Sir William Farnden, Knights; and Robert Fitz Ralph, Esquire; Rot. Parl. 7. R. 2. num. 24. sentenced and condemned by judgment of the Lord's in Parliament, pronounced by the Chancellor, for selling the Castle of Burbugh, with the arms and amm • nition in it, to the Kings enemies without the Kings license. 21. R. 2. Parl. Rot. Plac. Coronae num. 27. where Sir Robert Pleasington is adjudged a Traitor after his death, by the King, by • SSENT OF THE LORD'S, and num. 15. 16. Sir Thomas Mortimers case, num. 17. Sir John Cobhams case, and num. 28. Henry Bonoits case, condemned in like manner of treason by the Lord's, with hundreds of Presidents more.

I shall only cite three more at large which are punctual.

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

In the second Parliament in 7. R. 2. num. 13. to 19. John Cavendish a Fishmonger of London accused Michael de la Pool Knight, Lord Cha • cellour of England, first before the Commons, and afterward before the Lord's, for bribery and injustice; and that he entere •• • nto a Bond of x. l. to John Ottard, a Clerk to the said Chancellor, which he was to give for his good success in the business, in part of payment w ••• eof, he br • ught Herring and Sturgeon to Ottard and ye was delayed a • d could have no justice at the Chancellors h • nds, and upon hearing he cause and examining wi •• o • fes upon Oath before THE LORD'S, the Chancellor was cleared; The Chancellor thereupon required reparation for so great a slander: the Lord's being then troubled with other weighty matters, let the Fish-monger to Bail, and referred the matter to be ordered by the Judges; who upon hearing the whole matter, condemned Cavendish in three thousand marks for his slanderous complaint against the said Chancellor, and adjudged him to prison till he had paid the same to the Chancellor, and made fine and ransom to the King also: which the Lord's confirmed.

In the Parliament of 15. R. 2. nu. 21. John Stradwell of Begsteed in the County of Sussex, was committed to the fleet by JVDGEMENT OF THE LORD'S, there to remain during the Kings pleasure, for that he informed the Parliament, that the Archbishop of Canterbury had excommunicated him and his neighbors wrongfully for a temporal cause appertaining to the Crown and Common Law, wh • ch was ADIVDGED BY THE LORD'S upon examination and hearing to BE VNTRVE.

These three eminent Presidents (to which many more might be added) of the Lord's fining and imprisoning mere Commons, only for slandering Peers of Parliament, even by false accusations against them in Parliament by way of complaint, will •• stify the Lord's proceedings against Lilburn and Ov • rton for their professed Libells both against their Persons and Jurisdictions too.

To proceed to latter times in Parliaments of 18. and 21. Jacobi, and 3. Car. not only the Lord Chancellor Bacon, and the Earl of Middlesex, Lord Treasurer▪ upon complaint of the Commons, were censured and judged by the Lord's alone, but likewise Sir Giles Mompesson, Sir John Michell, and Dr Manwering, (all Commoners) JUDICIALLY SENTENCED & Doctor Pocklinton, and Doctor Bray, even for erroneous Books and Sermons, were sentenced this Parliament by the Lord's alone; since these Master Clement Walker Esquire was imprisoned in the Tower, and fined by the Lord's, for some words pretended to be spoken against the Lord Say; and within these few months on • Morrice, and four or five more of his confederates, were censured, fined and impr • soned, by the Lord's alone, for forging an Act of Parliament upon Sir Adam Littletons complaint, with all the Commons privity or consents; and above one hundred Commoner: more have been imprisoned by them or fined this very Session of Parliament for breach of Privilege, contempts or misdemeanors, by the Lord's alone, without the Commons; yet no demurrer nor exceptions were taken by them or the Commons to their Jurisdiction, who applauded this their Justice in some of these cases.

From all these clear confessions of the Commons themselves in Parliament, and punctual presidents in print in former, late Parliaments, and in this now sitting, it is undeniable, That the King and Lord's jointly, and the Lord's severally without the King, have an indubitable right of Judicature, without the Common • , vested in them, not only of Peers themselves, but likewise of C • mmoners, in all extraordinary cases of Treason, Felony, Trespass, and other Misdemeanors▪ triable only in Parliament, which hath been constantly acknowledged, practiced, and submitted to, without dispute: much more then have they such a just and rightful power, in case of breach of their own privileges, of which none are, or can be Judges but themselves alone. And to deny them such a power, is to make the Highest Court of Judicature in the Realm inferior to the Kings Bench, and all other Courts of Justice▪ who have power to judge and try the persons and causes of Commoners, and to commit and fine them for contempts and breaches of Privileges as our Law books resolve, and every man's experience can testify.

The Lord's right of Judicature being thus fully evicted against the false and ignorant pretences of illiterate Sectaries, altogether unacquainted with our Histories and Records of Parliament, which they never yet read nor understood, there remains nothing but to answer some Presidents and Objections.

The Principal president insisted on by Lilburne, is the Protestation of the Lord's, in the case of Sir Simon Beresford, 4. E. 3. nu. 6. which I have already fully answered, retorted, and shall therefore here pretermit.

The second is Sir Edward Cooks Authority, and the presidents cited by him, in his 4. Institutes, p. 23. 24. of Judicature in Parliament, where thus he writes; It is to be known, THAT THE LORD'S IN THEIR HOUSE HAVE POWER OF JUDICATURE; And, the Commons in their House have power of Judicature▪ and both Houses together have power of Judicature. But the handling thereof according to the weight and worth of the matter would require a whole Treatise of it self▪ and to say the truth, it is best understood by reading the Judgments and Records of Parliament at large, and the Journalls of the House of the Lord's, and the Book of the Clerke of the House of Commons, which is a Record, as it is affirmed by Act of Parliament in An. 6. H. 8. c. 16. To which he adds these marginal Notes Vide Placita in Parlians Anno 33. E. 1. rot. 33. Nicholas Seagrave adjudg • . Par Praelatos, COMITES, BARONES ET ALIOS DE CONCILIO. At the Parliament at York, Ap. 12. E. 3. Consideratum est per Praelatos, Comites, BARONES, ET COMMVNITATEM ANGLIAE; the Lord Audleys care. At the Parliament at Westm. 15. E. 2 Hugh le pier adjuge per les SEIGNIEURS, & COMMONS. Rot. Parl. 50. E. 3. n. 34. Lord Nevils case. Then he a • des. See Rot. Claus. 1 R. 2. n. 5. 8. 38. • 0. A tresage Council le Roy Les SEIGNIORS, & COMMONS, &c. Rot. Parl. 2. H. 5. nu. 1 • . Err • ra sinned, THAT THE LORD'S gave Judgment WIT • OUT PETITION OR AS •• NT OF THE COMMONS, Rot. Parl. 28. H. 6. nu. 10. and many others in the Reign of King H. 6. and Kin, E. 4. And of later times see divers notable Judgments, at the prosecution of the Commons, By THE LORD'S, at the Parliaments ••• den 18. and 21. Iac. Regis, against Sir Giles Mompesson Sir John Michell, Viscount St. Albon, Lord Chancellor of England, the Earl of Middlesex, Lord Treasurer of England, whereby the due proceedings of Judicature in such Caces doth appear. Then he cites the cases of Thomas Long, Arthur Hall, and Muncton, censured by the House of Commons only and by them fined and imprisoned, without the Lord's; A • d concludes thus; If any Lord of Parliament, spiritual or temporal, have committed any Oppression, Bribery, extortion, or the like, the HOUSE OF COMMONS, BEING THE GENERALL INQUISITORS OF THE REALME, (coming out of all parts thereof) may examine the same, and if they find by the Vote of the House, the charge to be true, then they TRANSMIT THE SAME TO THE LORD'S WITH THE WITNESSES and PROOFES. From which passages of his some ignorantly have concluded. That the Lord's have no power of Judicature without, but only jointly with the Commons: That all Commoners ought to be judged only by the Commons, not by the Lord's: and That the Commons have a sole power of Judicature in cases of Commoners; and the Lord's no power but jointly with them, or upon their preceding Petitions and impeachments, neither in case of Commoners; nor Peers.

I answer, that Sir Edward Cooks words are much mistaken▪ and rightly understood warrant no such inferences, but the contrary. For first, he clearly confesseth in direct terms, That the Lord's in their House have a power of judicature, even without the Commons; ha he de • med particularly in whose, and in what cases out of the Judgments Records and Journals of Parliament at large (to which he refers the Reader a being best understood by reading them; which warrant the Lord's judging, fining imprisoning and condemning to death not only of Peers, but of Commoners themselves without the Commons; as I have fully manifested; their could no such inference have been made. Secondly, • e add • , That the Commons in their House have a power of Judicature. From whence Lilburne and others infer. That they are and ought to be the sole Judges of all Commoners, and not the Lord's, in all cases triable in Parliament. But this is a most gross mistake, Sir Edward Cook confining this Judicature of theirs, only to these three c • ses. First, to matters and abuse concerning elections of Knights, Citizens and Burgesses, being Members of the Commons House, the judgment and determination whereof the Commons alone (of late times only) have usually taken upon them without the Lord's, which he proves by Thomas Longs case, 8. Eliz. and no greater antiquities, of which elections the King and Lord's in former times have been sole Judges: for which I shall cite some memorable records worthy the Lord's and •• mmons consideration, who now take upon them to suspend eje •• & Judge their own Members elections without the Kings or Lord's concurrence or privity, a practice not heard of in former ages and of late original. In the Parliament holden at Westminster. 5. H. 4. Rot. Parl. num. 38. Thomas Thorpe his case. Item, because that the writ of summons of Parliament returned by the Sheriff of Roteland was not sufficiently nor duly returned as the Commons conceived; the said Commons prayed our Lord THE KING, and THE LORD'S IN PARLIAMENT that this matter might be duly examined in Parliament, and that in case their shall be default found in this matter that such a punishment might be inflicted, which might become exemplary to others to offend again in the like manner: Whereupon our said Lord the King IN FULL PARLIAMENT, commanded THE LORD'S IN PARLIAMENT TO EXAMINE THE SAID MATTER, and to do therein AS TO THEM SHOULD SEEME BEST IN THEIR DISCRETIONS. And thereupon the SAID LORD'S caused to come BEFORE THEM IN PARLIAMENT, as well the said Sheriff, as William One by who was returned by the said Sheriff for one of the Knights of the said County, and Thomas Thorpe, who was elected in full County to be one of the Knights of the said Shire, for the said Parliament and not returned by the said Sheriff. And the said parties being duly examined, and their reasons well considered, in the said Parliament, IT WAS AGREED BY THE SAID LORD'S, that because the said Sheriff had not made a sufficient return of the said writ THAT HE SHALL AMEND THE SAID RETURN, and THAT HE SHALL RETURN THE SAID THOMAS FOR ONE OF THE SAID KNIGHTS, as he was elected in the said County for the Parliament: and moreover that the said Sheriff for this default SHALL BE DISCHARGED OF HIS OFFICE, and COMMITTED PRISONER TO THE FLEET, and that he should MAKE FINE and RANSOME AT THE KINGS PLEASURE. Loe here the Lord's in Parliament at the Commons request, and by the Kings command, examining and giving judgment in case of undue election, even without the Commons. An attendent on Sir Tho. Brooke chosen one of the Knights to serve in Parliament for the County of Somerset, being grievously beaten by one John Savage, was upon a petition of the Commons relieved against this breach of Privilege by * Ordinance or Act of Parliament, made by consent of the King and Lord's, which is printed in 5. H. 4. c. 6. And in like manner Richard Strode Burgess of Plimton was relieved against breaches of his privileges as a Parliament man, by a special act of Parliament assented unto by the King and Lord's upon the Commons petition, An. 4. H. 8. c. 6. the Commons alone being then unable to relieve them, or punish these breaches, by their own authority, as of late they presume to do without King or Lord's; Quo Jure (having not the power of Judicature vested in them) I am yet to learn, being contrary to the practice and presidents of all ancient Parliaments before our present age; and the Statute of 11. H. 6. c. 11. provided for this very purpose, which presents another remedy out of Parliament, and not in only the Commons house.

In the Parliament of 16. R. 2. n. 6. The Wednesday after the Parliament began Sir Philip Courtenay returned by the Sheriff of Devon for one of the Knights for that County▪ came before the King in full Parliament and said, that he understood how certain people had accused and slandered him to the King and Lord's, as well by Bill as by mouth, of heinous matters; and therefore prayed TO BE DISCHARGED OF THE SAID IMPLOYMENT, until the said accusations and complaints were tried, and found true, or not true: and because his said prayer seemed honest TO THE KING and THE LORD'S, THE KING GRANTED HIM HIS REQUEST, and DISCHARGED HIM IN FULL PARLIAMENT. AND the Monday following, at the instance and prayer of the COMMONS the KING GRANTED THAT HE SHOULD BE RESTORED and REMITTED TO HIS PLACE according to the return of the said Sheriff, for to counsel and do that which belonged unto his office; and after because he had been good and treatable with those who had complained upon him, and condescended to a good treaty, he was restored in full Parliament to his good same. The charge against him is expressed in the same Parliament rol. num. 13. 14. where two Petitions preferred against him to THE KING and LORD'S IN PARLIAMENT, for putting Thomas Peutyngdon forcibly out of possession of the Manor of Bygelog • without just cause, & Richard Somestre out of other lands & detaining them from them, he being so powerful in the County, that no poor man durst to sue him. Which Petitions were referred by consent in Parliament to certain Arbitrators to determine.

From which record it is evident, First, that Members of the Commons house may be complained and petitioned against for misdeameanours, and put to answer before the King and Lord's in Parliament, and there fined and judged (not before the Commons house) and that this was the ancient way of proceeding. Secondly, that the Commons cannot suspend or discharge any of their fellow-Commoners or Knights from sitting in Parliament, but only the King and Lord's in full Parliament, in whom the power of Judicature rests: much less then can they expel or eject any of their members by their own authority without the Kings and Lord's concurrence and consents. Thirdly, that the power of restoring and readmitting a suspended Member of the Commons house belongs not to the Commons themselves, but to the King and Lord's, to whom the Commons themselves in this case addressed themselves by petitinn for Courtneys readmission unto his office, after his submission of the complaints against him to the arbitriment of those Members to whom the King and Lord's referred the same.

In the Parliament of 17. R. 2. n. 23. It was accorded by the King and Lord's at the request of the Commons, that Roger Swinerton who was endited of the death of one of their companions, John de Ipstones, Knight of the said Parliament for the County of Stafford, slain in coming towards the said Parliament by the said Roger, should not be delivered out of prison wherein he was detained for this cause, by bail mainprise, or any other manner, until he had made answer thereunto, and should be delivered by the Law, the Commons alone by their own power having no authority to make such an order even for the murder of one of their own Members, without the King and Lord's who made this order at their request.

In the Parliament of 35. Eliz. when Sir Edward Cook was Speaker of the Commons House, there fell out some questions in the Commons House about the Amendment of a mistake in the return of the Burgess of Southwark, and after long debate it was resolved that the House could not amend it, but the Lord Keeper in Chancery, where the return was of Record, if he thought it amendable by Law; and that Masten Speaker should wait upon the Lord Keeper about it, which he did; who advised with the Judges concerning it, as appears by the Journal. And the Statutes made for redress of abuse of Elections of Knights and Burgesses were made by the King and Lord's upon the Commons petitions, as appears by 8. H. 4. n 83 1 9. 11. H. 4. n. 54. Neither of all which statutes gives the House of Commons alone any power of Judicature to judge the right of Elections, or punish abuses committed in them, but leaves them to the Lord's judicature as at first, and gives the party injured an action at Law against the Sheriff and • others for false returns.

Secondly, Sir Edmund Cooks words extend only matters of misdemeanor of any Members of the House of Commons committed in or against the House itself, of which the • now, though not anciently, are the sole judges; without the Lord's: which he proves by Arthur, Halls case. Thirdly to breaches of Privileges of the Commons House alone, in striking or arresting any of the Members, or their privileged servants, which he proves by Munctons case, and 11. H. 6. c. 11. 5. H. 4. c. 6. the two latter proving the contrary.

Yet in this case of breach of privilege even in arresting the Commons Members and servants, the Commons house were no • anciently the sole Judges, as now. In the Parliament of H. 6. n. 25. 26. 27. 28. Thomas Thorp chief Baron was chosen Speaker of the Parliament, and after his election, and before the Parliament, (which was proroged) he was arrested and taken in execution at the suit of the Duke of York: whereupon some of the Commons were sent up by the House to the King, and Lord's spiritual and temporal sitting in Parliament, desiring that they might enjoy all their ancient and accustomed Privileges in being free from arrests, and propounded the case of Thomas Thorp th •• r Speaker to them, desiring his enlargement, whereupon the said Lord's spiritual and temporal, not intending to hurt or impeach the privilege of the Commons but equally after the Courts of law to administer Justice, and to have knowledge what the Law will weigh in that behalf, declared to the Justices, the premises, and asked of them, whether the said Thomas ought to be delivered from prison by force and virtue of the said privilege of Parliament or not? To the which question the chief Justices in the name of all the Justices aforesaid communication and mature deliberation had among them, answered and said, that they ought not to answer to that question, for it hath not been used aforetime that the Justices should in any wise determine the privilege of this high Court of Parliam. for it is so high and mighty in his nature that it may make that law which is not and that that is law, it may make no law, and the determination and knowledge of that privilege belongeth to the Lord's of the Parliament, and not to the Justices; but as for declaration of proceedings in the lower Courts in such cases as writs of Supersedeas of Privilege of Parliament be brought and delivered, the said chief Justice said, that there be many and divers Supersedeas of privileges of Parliament brought into the Courts, but there is no general Supersedeas • rought to sur • e • se all Processes, for if there should be, it should seem that this High Court of Parliament, that ministereth all Justice and equitity should let the process of the common Laws, and so it should put the party plainant without remedy, for so much as actions at Common Law be not determined in this High Court of Parliament. And if any Person that is a Member of this High Court of Parliament, be arrested in such cases as be not for Treason or Felony or surety of the Peace, or for condemnation before the Parliament, it is used that all such persons should be released of all such arrests, and make an Attorney, so that they may have the freedom and Liberty freely to attend upon the Parliament. After which answer and Declaration it was thoroughly agreed, assentted and concluded by the Lord's spiritual and temporal, that the said Thomas, according to the law, should remain still in Prison for the causes abovesaid, the privilege of the Parliament, or that the same Sir Thomas was Speaker of the Parliament, notwithstanding, And that the premises should be opened and declared to them that were come •• for the Commons of this land, and they should be charged and commanded in the Kings name that they with all goodly hast and speed proceed to the election of another Speaker. The which premises, for as much as they were matters of Law, by the commandments of the Lord's, were opened and declared to the Commons, by the mouth of Walter M • yle one of the Kings Sergeants at Law, in the presence of the Bishop of Eli, accompanied with other Lord's in notable number: and there it was commanded and charged to the said Commons by the said Bishop of Eli in the Kings name, that they should proceed to the election of another Speaker with all goodly hast and speed, so that the matters for which the King called this his Parliament might be proceeded in: and this Parliament took good and effectual conclusion and end. Whereupon th • Commons accordingly elected Thomas Charlton Knight, for their Speaker the next day, and acquainted the Lord's therewith, and desired the Kings approbation of their choice, which was accorded unto by the King.

In the Parliament of 39. H. 6. n. 9. Walter Clerke, one of the Burgesses of Parliament for Chippenham, was arrested and imprisoned in the Fleet for divers debts to the King and others, upon a Capias U • lagat • m; whereupon the Commons complained thereof to the King and Lord's, and desired his release, and tendered them an Act of Parliament ready drawn for that purpose to which Petition and Bi •• of theirs, the King by the ASSENT OF THE LORD'S SPIRITUALL and TEMPORALL assented; And thereupon he was freed. In like manner, Richard Chedder.

In the Parliament of 35. Eliz. Thomas Fitz-Herbert of Staffordshire was elected a Burgess of Parliament, and two hours after, before the Indenture returned, the Sheriff took him in upon a Capi •• Utlagatum; Whereupon he petitioned the House, that he might have a Writ of Privilege and be enlarged. After many days debate and Argument of this case in the House by sundry Lawyers, and Sir Edward Cook, then Speaker, it was agreed; That no Writ of Privilege could in this case be returned into the House of Commons, being but a Member of Parliament, and no Court of Record, but only into the Chancery or House of Peers; And that this being a point of Law it was meet the Judges should be advised with, and determine it, not the House: And at last he was outed of his Privilege by the Houses resolution. In 28. H. 8. Dyer 60. The case of Trewinnerd a Commoner, in point of Privilege of Parliament concerning an arrest, was argued and debated before the Judges in the Kings Bench: And so was Chedders case in 8. H. 4. 12. 13. So as the Commons only are not the sole Judges of such Privilege (as many now concerve) but the House of Peers, and Kings Council, and Judges as well as they. In these three cases only, and no other that I find, Sir Edward Cook admits the Commons to be sole Judges now (though not anciently) without the Lord's. Therefore to extend it generally to all, or any other cases of Commoners, but these is to pervert his words, and extend them far beyond his meaning. Now Lilburnes & Overtons Cases are none of these, but directly under the Lord's sole Judicature, because infringements of their Privileges, of which the Lord's only are the Judges, as the Commons pretend they are of their Privileges; as his following passages manifest. Thirdly▪ he adds; that both Houses together have power of Indicature, but determines not in what cases, nor in what way of Judicature, which hath caused the Object • rs mistake. But the Judgments, Records and Iournals of Parliament to which he refers, and the cases he cites in the Margin, will affoyle this doubt, and clear his meaning, which is this.

First, That in attainders and judgments of High Treason, Felony, or other Misdemeaners in Parliament, where the proceedings are not by way of trial and ordinary Judicature, but by Bill or Act of Parliament, there both Houses together (and the King too jointly with them) have the power of Judicature: and this is all which is proved by 15. E. 2. Hugh Spencers case, who was judged and banished by an Act of Parliament, entitled Exilium Hugonis le Spencer (printed in old Magna Chartaes ) as Sir Edward Cook himself reports in Calvin's case, 7. Report, f. 11. b. and the Lord Audlyes case, 12. E. 2. is the same: the Commons having no right to judge them being Peers by the very Statute of Magna Charta, c. 29. but only the Peer, except in a Legislative way, by Act or Bill.

[ 2] Secondly, That in all cases of difficulty where the King shall please to demand the advise and opinions of both Houses of Parliament jointly, there both of them may, and ought to join in delivering their opinions and Judgments of the case or thing propounded: and this is all that Sir Nicholas de Seagraves case proves 31. E. 1. rot. 33. Who being charged in Parliament in presence of the King, Earls, Barons and OTHERS OF THE KINGS COUNCEL, (not the Commons or Burgesses, but the Judges, and Kings learned Council at Law and Privy Council, who were assistants to the Lord's, as I conceive, and others of his Privy Council, which Sir Edward Cook would have to express the Commons in Parliament) then and there present; that the King in the wars of Scotland, being among his enemies, Nicholas Seagrave, his leigman, who held of the King by Homage and fealty, and served him for his aid in that war, did maliciously move discord and contention without cause with John de Crombewell, charging him with many enormous crimes, and offered to prove it upon his body. To whom the said John answered, that he would answer him in the Kings Court, &c. and thereupon gave him his faith. After which Nicholas withdrew himself from the Kings host and aid, leaving the King in danger of his enemies and adjourned the said John to defend himself in the Court of the King of France, and prefixed him a certain day: and so as much as in him was, subjected, and submitted the Dominion of the King and Kingdom, to the subjection of the King of France: and to effect this he took his journey towards Dover to pass over into France. All which he confessed and submitted himself therein de alto et basso to the Kings pleasure. And hereupon the King willing HABERE AVISAMENIUM to have the advise of the EARLES, BARONS, LORD'S ( magnatum ) and OTHERS OF HIS COUNCELL enjoined them upon the Homage, fealty and allegiance wherewith they were obliged to him, quod ipsi fideliter CONSVLERENT, they should faithfully ADVISE HIM, what punishment should be inflicted for such a fact thus confessed: Qui omnes, habito super hoc diligenti tractatu, & avisamento, &c. Who all having had thereupon diligent debate and advise, having considered and understood all things contained in the said fact, DICVNT (not by way of Judgment judicially pronounced but of answer to the Kings question propounded, and as their opinion of the cause) Said, that this fact DESERVES loss of life and members, &c. So as this offense (notes Sir Edward Cook) was then adjudged in Parliament to be High Treason. But under his favor, First, here was no Judgment at all given against the party himself, but only an opinion and advise touching his case (not pending judicially in Parliament by way of Inditement or Impeachment, but voluntarily proposed by the King) in answer to the Kings question; and so it can be no proof of any actual proper Judicature vested in both Houses. Secondly, For ought appears, this question was only propounded to the Earls, Lord's, Barons, and the Kings Council that assisted them; and so only to the House of Peers, not to the commons: and answered, resolved only by them; aliorum de Concilio suo; not expressing nor including the Commons, as I apprehend, being never so intitled in any Parliament Records for ought I can find. And then it follows, that the LORD'S ONLY IN THAT AGE were the Judges even of Commoners cases. Thirdly, Admit the Commons were included yet it proves only a right of advising and delivering their opinions with the Lord's, when required by the King, not of judging or pronouncing sentence. Fourthly, Sir Edward Cook citing this president, to prove That both Houses together have power of Judicature; must grant that even in 33. E. 1. there were two distinct Houses of Parliament, who upon special occasions (as now at conferences, &c. ) met and advised together; and therefore the division of the Houses was before Edward the third his reign, and very probable as ancient as this summoning of Knights, Citizens, and Burgesses of the Parliament, which some make no ancienter then King Henry the first, or King Henry the third, In the 40. year of his reign, Father to King Edward the first. So as this president makes quite against the Levellers and Lilburnians designs, and opinions.

Fourthly, Sir John at Lees case 42. E. 3. num. 20. (said to be adjudged by the Lord's and Commons) is somewhat mistaken. For the record only mentions, That the 21 day of May, the King gave thanks to the Lord's and Commons for their coming and aid granted; on which day ALL THE LORD'S & SVNDRY OF THE COMMONS dined with the • ing. After which dinner Sir John at Lee, was brought before the King, LORD'S & COMMONS next aforesaid ( who dined with the King ) to answer certain objections made against him by William Latimer, about the wardship of Robert Latimer, that Sir John being of power had sent for him to London, where by duresse of imprisonment he enforced the said William to surrender his estate unto him; which done, some other Articles were ob • ected against the said Sir John, Of which for that he could not sufficiently purge himself, HE was committed to the Tower of London, there to remain till he had made fine and ransom at the Kings pleasure, and command given to the Constable of the Tower to keep him accordingly. And then the said Lord's and Commons departed: After which he was brought before the Kings Council at Westminster, which COVNSELL ORDERED the said ward to be released into the Kings hands: So as this record proves not this judgment was given in the Parliament house, nor that the Lord's and Commons adjudged Sir John, but rather the King and his Council in the presence of the Lord's and Commons.

Fifthly, The judgment given against the Lord Latimer 15. E. 3. Parl. rot. num. 27. (which was for his default in government against the profit of the King and Realm, procuring of grants to the destruction of the Staple and Town of Calayes, and levying Impositions upon woolls) was given in full Parliament BY THE BISHOPS and LORD'S who awarded him to the custody of the Marshall, and to make fine and ransom at the Kings pleasure: Whereupon the Commons REQUIRED (by way of petition ) that he might lose all his Offices, and no longer be of the Kings Council, which the King granted. The Commons not joining at all with the Lord's in his judgment, neither could they so join, he being a Peer.

And for the Lord Nevill in that Parliament: num. 33. he was only accused, not judged by the Commons.

Sixthly, The case of 2. H. 5. rot. Parl. num. 15. that Error is there assigned that the Lord's gave judgment without Petition or assent of the Commons, is a gross mistake: For the record only recites, That Thomas Montague Earl of Salisbury, Son and Heir of John Montague Earl of Salisbury, exhibited his petition in Parliament to reverse a judgment given against his said father in the Parliament at Westminster in the second year of King Henry the fourth. Whereupon he exhibited certain reversals of Judgments given in Parliament, as making on his behalf, to the Lord's consideration, reversed for some errors assigned in those jadgements; to wit one judgment given against Thomas heretofore Earl of Lancaster, before King Edward the second at Pomfract, the monday before the feast of the Annuntiation, in the fifteenth year of his reign; and another Judgment against Roger de Mortymer, late Earl of March, in the Parliament of King Edward the third, the Monday after the Feast of St. Katherine, in the fourth year of his reign, at Westminster. Which judgments being distinctly and openly read, and fully understood; Jo seemed TO THE KING and LORD'S that the case of the death and execution of the said John late Earl of Sarum, and of the judgment aforesaid against him given, is not, nor was like to the case of the executing of the said Thomas heretofore Earl of Lancaster, nor to the case of the killing of Roger Earl of March, nor to any judgment given against the said Thomas and Roger, as aforesaid; but that the judgment and declaration had and given against the said John late Earl of Sarum WERE A GOOD JUST and LEGALL DECLARATION and JUDGEMENT. Per quod CONSIDERATUM FUIT in praesenti Parliamento PER PRAEDICTOS DOMINOS tunc ibidem existentes, DE ASSINSU dicti Domini nostri Regis, quod praefatus nunc COMES Sarum. NIHIL CAPIAT PER PETITIONEM aut prosecutionem suam praedictam, Et ulterius TAM DOMINI SPIRITUALES QUAM TEMPORALE supradicti, JUDICIUMET DECLARATIONEM praedicta versus dictum Ioannem quondam Comitem Sarum, ut praem • ttitur habita five reddita DE ASSENSU IPSIUS DOMINI REGIS AFFIRMARUNT FORE ET ESSE BONA, JUSTA ET REGALIA, et ea pro hujusmodi EX ABUNDANTI DISCREVERUNT, & ADJUDICARUNT TUNC IBIDEM. This is all that is mentioned in this Parliament Roll concerning this business.

It appears by the Parliament Roll of 2 H. 4. num. 30. That Thomas Holland Earl of Kent, John Holland Earl of huntingdo • , John Mountagne Earl of Sarum Thomas Lord de Dispencer and Ralph omely Knight were impeached of high treason, before the King and Lord's in Parliament, for levying actual War against the King to destroy the King, and his Subjects, and for this taken and beheade and hereupon ALL •• E LORD'S TEMPORALL BEING IN PARLIAMENT BY ASSENT OF THE KING DECLARED AND ADJVDGED all the said persons TRAITORS for leavying War against the King▪ and that as Traitors they should forfeit all the lands they had in fee simple the 5 day of Jannary the first year of the reign of the King or after according to the Law of the Land, with all their goods and chattells, notwithstanding they were slain upon the said levying of War without process of Law. So this Record. To reverse this judgment was this Petition of Thomas Earl o • Sarisbury in 2. H. 5. exhibited, without the error assigned, as appears by the Par • iament roll: but if it were, that the Lord's only gave Judgment without Petition or assent of the Commons (as Sir Edward Cook imagines▪) 〈◊〉 the King and Lord's, who upon solemned bate over-ruled the error abuses and Petitions, and found this judge • meant and Declaration of 2. H. 4. given by the Lord's alone with the Kings assent without the Commons TO BE GOOD JVST and LEGALL, as they did, ex abund • nti, is a most undeniable proof of the King and Lord's sole right of JVDGEING and DECLARING HIGH TREASON in Parliament without the Commons, as well in case of Commoners as Lord's. Ralph Lomely being but a Commoner and Knight, though the rest were Peers; and yet all jointly adjudged Traitors, and declared such only by the King and Lord's without the Commons: and the Judgment assured to be good by the Commons who in the Parliament of 13. H. 4. num. 19. Petitioned, the John Lomley might be restored by act of Parliament, and made capable to inherit his fathers lands thus attainted, to which the King by ASSENT OF THE LORD'S SPIRITVALL and TEMPORALL, consented.

Seventhly, the Parliament Roll of 28. H. 6. num. 18. &c. contains only an Impeachment of High Treason against the King, and other great misdemeanors against the Kingdom, and wrongs to particular persons comprised by way of Articles in two distinct Bills brought up by the Commons, and presented by William Tresham their Speaker, to the King in the Lord's House, the 7. day of February, against William de la Pole, Duke of Suffolk, to which they desired the Duke might give in his Answer by a certain day, which he did, absolutely denying the Treason against the King, and denying and excusing himself of the rest, without putting himself upon the Trial of his Peers. The Chief Justice thereupon, the 14. day of March by the Kings command, asked this Question of the LORD'S WHAT ADVISE THEY WOULD GIVE THE KING, what is to do futrher in this matter; which advise was deferred till Monday then next following; whereon nothing was done in that matter. On Tuesday the 17. of March, the King sent for all the Lord's Spiritual and Temporal then being in Town (being 42. in all into his Inner Chamber within his Palace of Westminster, where when they were all assembled▪ he then sent for the Duke thither, who coming into the Kings presence, kneeled down, and continued kneeling till the Chancellor of England had delivered the Kings command to him; and demanded of him, what he said to the Commons Articles, not having put himself upon his Peerage? Whereupon the Duke denied all the Articles touching the Kings Person and state of the Realm, as false and scandalous. And so not departing from his said Answers, submitted himself wholly to the Kings Rule and Governance, without putting himself upon his Peerage. Where thus the Chancellor told him That as touching the great and horrible things contained in the first Bill, the King holdeth him neither declared nor charged. And as touching the second Bill, containing misprisons which are not criminal, the King by force of his submission, by his own advise, and not reporting him to the advice of the Lord's, nor by way of judgment, for he is not in place of judgment, putteth you to his rule and governance, that before the first of May next coming, he should absent himself out of the Kingdom of England, and all other his Dominions, in France or elsewhere, for five years space; and that he, nor no man for him, should show or wait any malice, nor hate, to any person of what degree soever of the Commons in the Parliament, in no manner of wise, for anything done to him in this Parliament or elsewhere. And forthwith Viscount Peamont in behalf of the said LORD'S both Spiritual and Temporal, and BY THEIR ADVICE, ASSENT AND DESIRE, said and declared to the Kings Highness, that this that so was decreed and done by his Excellencie, concerning the person of the said Duke PROCEEDED NOT BY TH • IR ADVICE AND COVNSELS, but was done by the Kings own demeanour and rule. Wherefore they besought the King that this their saying MIGHT BE ENACTED IN THE PARLIAMENT ROLL FOR THEIR MORE DECLARATION HEREAFTER, WITH THIS PROTESTATION, THAT IT SHOVLD NOT BE, NOR TVRNE IN PREJVDICE NOR DEROGATION OF THEM, THEIR HEYRS, NE OF THEIR SVCCESSOVRS IN TIME COMMING, but that they may HAVE AND INJOY THEIR LIBERTY, AS THEY OR ANY OF THEIR ANCESTORS, PREDECESSORS HAD AND ENIOYED BEFORE THIS TIME. This is the sum of this large record, which makes nothing to the purpose for which it is cited; that it is error when both Houses join not in • udgement. For first, here is nothing but an impeachment only by the Commons of a Peer, who ought to be tried, judged by his Peerage, not by Commoners Secondly, there was no judgment given in Parliament in this case, but only a private Award made by the King, out of the Parliament House in his own Chamber in presence of the Lord's. Thirdly, the Lord's entered a special protestation against it, as not made by their advice or consent. Fourthly, they en • er a special claim in the Parliament Roll, for the preservation of their Right and Freedom of Peerage for hereafter, both of being tried and judged only by their Peers in Parliament; and so an express resolution, that they in Parliament are and ought to be Judges, not the Commons. The last Records I have cited at large, lest Sir Edward Cooks brief quotation and mis-recital of them should deceive the credulous or ignorant Reader.

Eighthly, the cases of Sir Giles Monpesson, Sir John Michell, Viscount S. Alban, and the Earl of Middlesex, whom the Commons only impeached; and the Lord's alone (without the Commons votes or presence) judged and sentenced, are direct proofs that the power of Judicature and Censure as well of impeached Commoners as Lord's, resides only in the Lord's House; the Commons being but general Inquisitors, to search out and present both Lord's and Commoners public offenses to the Lord's, to whom they transmit the charge and witnesses; the Lord's the only Judges, to hear and determine the charge, examine the witnesses upon oath, and pass and record the sentence, and see it executed; and no more Judges in the Parliament, then the grand enquest are Judges at the Assizes or Sessions.

The second and principal objection insisted upon by that Ignoramu • , Lilburne, and his disciples the Levellers, is the Statute of Magna Charta, chap. 29. That no Free man shall be imprisoned, outlawed, exiled, or any other way destroyed; Nor we shall not pass upon him, nor condemn him, but BY THE LAWFVLL IVDGMENT OF HIS PEERES, or BY THE LAW OF THE LAND. Whence thus they argue: The Lord's in Parliament are not Commoners Peers, but the Commons only, therefore they cannot be judged in Parliament by the Lord's, but by the Commons alone; and if Peers there judge Commoners, it is a tyranny and usurpation even against Magna Charta it self, though it be in case of privilege.

To take away this grand seeming objection, and give it a satisfactory answer, I say: First, in general, that there is scarce one Parliament ever since Magna Charta was first confirmed, but the Lord's have sentenced and given judgment against some Commoners capitally or penally in body or purse, or both, without the Commons (and did so doubtless before Magna Charta was made, as I have already manifested) yet never did the Commons in any one of those Parliaments till this present, complain of it, as a violation of Magna Charta, or a tyrannical usurpation, as Lilburne and Overton style it; but acknowledged it as a just right in the Lord's, even in 3. Caroli it self when the Petition of Right was passed, in the Lord's Judgment and Sentence against Doctor Manwaring a Commoner, impeached by the Commons. And therefore for this one Ignoramus alone, against the judgments of all the Commons in Parliament, in all ages, to aver this a breach of Magna Charta, for imprisoning and fining him for the highest affront and breach of privilege over offered to any Parliament, is the extremity of ignorance, malice and singularity.

Secondly, I answer, that the Statute of Magna Charta extendeth not to, nor was ever intended of the high Court of Parliaments Judgments and Proceedings, but only to the proceedings and Judgments in the Kings great Courts of Justice at Westminster Hall, the Exchequer, his Privy Council, and other inferior Courts held before Judges, Justices of Assize, and other Officers, as is evident by comparing this objected Chapter with c. 11, 12, 13, 14, 18. 28, • 0, 3 • , 37. by the Statutes of 25. E. 3. Stat. 5. c. 4. 28. E. 3. c. 3. 37. E. 3. • . 18. 38. E. 3. c. 9. 42. E. 3. c. 3. 17. • 2. c. 6. and the Petition of Right it self, 3. Caroli, which so expound it; there being never any complaint against the Parliament it self or House of Peers in any age, for breach of Magna Charta, in censuring or imprisoning Commoners till now. Therefore this misapplying of this Law to the Parliament and House of Peers, is a gross oversight.

Thirdly, the very literal sense of this Law is much mistaken by the Objectors; For that any Freeman of England is a Peer to another Freeman, quatenus such a one, within this Law, though of an higher degree in point of honor, dignity, office, and estate; and this clause No Freeman shall be imprisoned, and but by the lawful judgment of his Peers, extends only to exclude villains and those who are not Freeholders from being Judges of Freemen and Freeholders in trials by Jury, (whence the Writs to the Sheriffs to summon Jurors, require them always to return Liberos & Legales homines ) not to exclude Lord's or Peers (who are Freemen in the highest degree) to be Judges of Commoners who are Freemen. So as the Argument from the true meaning of this Law can be but this, villains and those who are no Freemen are not to be Judges, or impannelled in Iuries to condemn Freemen, because they are not their Peers, nor Freemen as well as they: Therefore Lord's who are Freemen of the highest degree, may not give judgment against Commoners who are Freemen, very learned nonsense, we all know that the Lord Chancellor of England, Lord Keeper, Lord Treasurer, Master of the Court of Wards, and some of the Judges of the Kings Courts in Westminster Hall in former times, with the Chief Iustic • ar, and Justices in Eyre were anciently and of late too (as the Earl of Holland and others) Peers of the Realm, not Commoners; and that all the Peers of the Realm are in Commissions of Oyer and Terminer, and of the Peace, yet did we never hear of any Commoner demurring or pleading thus to any of their Jurisdictions in Chancery, Kings Be • ch, the Exchequer Chamber, Eyres, Assizes or Sessions; Sir, I am a Commoner, and you are a Peer of the Realm, but no Commoner as I am; besides, you sit here only in the Kings right, doing all in his name, and representing his person, who is not any Peer, but Sovereign. Therefore you ought not to judge my cause not condemn my person nor give any sentence for or against me, it being contrary to Magna Charta, which enacts, That no freeman should be judged or pressed upon or condemned, but by the lawful judgment of his Peers. Certainly no person was ever yet so mad or sottish, to make such a Plea before Ignoramus Lilburne; And if Lord's and Peers may judge the persons and causes of Commoners in the Cancery, Kings Bench, Exchequer, Court of Wards, Eyre, and at Assizes and S • ssions, without any violation of this clause in Magna Charta; much more may the House of Peers in Parliament do it, who are certainly Peers to Commoners, though Commoners be not Peers to them, within the meaning of Magna Charta, ch. 29.

Forthly, If the Lord's in Parliament cannot meddle with or give judgment in Commoners cause, without breach of this clause in Magna Charta, then why did Lilburne himself sue and petition to the Lord's as the only competent Judges to reverse his sentence in Star-Chamber, and give him damages, because it was against this very Chapter of Magna Charta: If Lord's cannot give judgment in the case of Commoners as now he holds without express violation of this Law; then h • mselfe in petitioning the Lord's to relieve him against the Star Chamber Sentence, because contrary to this very Law and Chapter of Magna Charta, was as great a violation of it as his Starr-Chamber censure, and his sentence in Star-Chamber remains still unreversed, because the Lord's examining and reversing of it, they being no Commoners as he is, but Peers, was Coram non judice, and merely void, by the Statute of 25. E. 3. St • t. 5. • . 4. because contrary to Magna Charta it self, as he now expounds it. Let him therefore unriddle and assoil thi • his own Dilemma, or forever hold his tongue and pen, from publishing such absurdities to seduce poor people, as he hath don • ; and exa • perate them to clamour against the Lord's, for being more favorable in their censure of him, then his transcendent Libels and contempts against them deserved.

Fifthly, This Statute is in the dis-junctive, by the Lawfull of his Peers, OR BY THE LAW OF THE LAND, which this Ignoramus observes not. Now by the • Law of the Land, every Inferior Court of justice may fine and imprison men for contempts and misdemeanors against them and their authority: therefore the Lord's in Parliament being the highest and supreamed Tribunal, may much more do it, and have ever done it, even by this expr ••• e clause of Magna Charta; the Law and Custom of Parliament, as well as they may give judgments in writs of Error againster for Commons, without the Commons consent, as himself • oth grant.

Fifthly, It is granted by Lilburne, that by this express Law, • o f • eeman of England ought to be judged or censured but only by his Peers, and that Commoners are no Peers to Nobl • men, nor Noblemen Peer • to Commoners; Then by what Law of reason dared he to publish to the world, That the House of Commons are the Su • reme Power within this Realm and THAT BY RIGHT THEY ARE THE LORD'S JVDGES, certainly this is a Note beyond Ela, a direct contradiction to Magna Charta in this very clause wherein he placeth his strength, and subverts his very ground work against the Lord's jurisdiction in their censure of him. For if the House of Commons be by right the Lord's • udges, then by Magna Charta, c. 29. they are and ought to be their Peers; and if the Commons be the Lord's Peers, then the Lord's must be the Commons Peers too; and if so, then they may lawfully be his judges even by Magna Charta, because here he grants them to be no other then his Peers; Loe the head of this great Goliath of the Philistine Levellers, cut off with his own sword; and Magna Charta forever vindicated from his ignorant and •• ttish contradictory Glosses on it; and to convict him of his Error in affirming the House of Commons to be by right the Lord's judges. I might inform him▪ that Magna Charta it self • . 1. & 20 and Sir Edward Cook, (his chief Author) in his commentary on them are express against him, that in the Parliament of 15. c. 3. ch. 2. in print, it was enacted. That whereas before this time the Peers of the Land have been arrested and imprisoned and their Temporalities Lands and Tenements, Goods and 〈◊〉 seised in the Kings hards, and some put to death, WITHOUT IVDGEMENT OF THEIR PEERS, that NO PEER OF THE LAND, Officer or other by reason of his office, nor of things touching his office, nor by other cause shall be brought in judgment, to lose his Temporalities, Lands, Tenements, Goods, Chattels, nor to be arrested or imprisoned, outlawed, exiled, nor forejudged, nor put to answer, NOR TO BE IVDGED BVT BY AWARD OF THE SAID PEERS IN PARLIAMENT. which Privilege of theirs was both enjoyed and claimed in Parliament, 4. E. 3. n. 14. 15. E. 3. n. 6. 8. 44. 49. 51. 17. E. 3. n. 22. 28. F. 3. n. 7. • 0. 16. 10 R. 2. n. 7. 8. &c. and sundry other Parliament Rolls And in 11. R. 2. n. 7. All the Lord's in this Parliament as well Spiritual as Temporal, claimed this their liberty and franchise that all weighty matters in the same Parliament to be after moved TOVCHING THE PEERS OF THE LAND, ought to be determined, and judged and discussed BY THE COVRSE OF THE PARLIAMENT, and not by the Civil Law, nor BY THE COMMON LAWES used in other inferior Courts of the Relame. The which claim and liberty the King most willingly allowed, and granted thereto IN FVLL PARLIAMENT. And hereupon in the Parliament of 14. R. 2. n. 13. The King and LORD'S (without the Commons) ADIVDGED the Earldom and Seigniory of Richmond to be forfeited, by reason that John Duke of Br •• tany then Earl of Richmond adhered to the French against his Allegiance. This Paradox therefore of his, is against all Statutes, Law-Books, and Presidents whatsoever, and Magna Charta it self.

There is only one objection more of moment remaining, which is this, If the House of Peers may without the Commons fine and imprison Commoners; then if their fine and imprisonment be unjust and illegal, they shall be remediless, there being no superior Courr to appeal unto, which will be an intolerable slavery and grievance not to be endured among free-borne people.

I answer, first, that no injustice shall or ought to be presumed in the highest Court of Justice, till it be apparently manifested. Secondly, If any such censure be given, the party (as in Chancery) upon just grounds shown may Petition the House of Peers for a reveiw and new-hearing of the cause, which they in justice neither will nor can deny; and if they do, then the party grieved may petition the House ef Commons to intercede in his behal • e to the Peers for a rehearing; but to discharge or free any Commoner judicially censured by the Lord's, I have hitherto met with no President in former Parliaments, nor power in the House of Commons to do it, who cannot reverse Euro • ous judgments in any inferior Courts by writ of Error, but the Lord's alone; much less then the judgments of the Higher House of Peers which is par • mount them, Though I conceive the House of Peers, being the Superior Authority, and only Judicatory in Parliament, may relieve or release any Commoners unjustly imprisoned or censured by the Commons house, or any of their Committees, and ought in justice to do it; or else there will be the same mischief or a greater, in admitting the House of Commons to be judges of Commoners; if there be no appeal from them to the Lord's, in case their sentences be illegal or unjust. Thirdly, This mischief is but rare, and you may object the same against a sentence given, or Law made in Parliament, by the King and both Houses, because there is no appeal from it, or redress of it, but only in the next Parliament that shall be summoned by petition. And there is a greater greevance in ill public Acts which concern many, then in •• judgments which concern but one or two particular persons; which yet cannot be repealed but by another Parliament; as the Errors and decrees of one general Counsel cannot be rectified or reversed but by and till another General Counsel meets to do it. The same mischief was and is in Errous, Judgments, and Decrees given in the Kings Bench, Chancery, and illegal commitments there; for which there is no relief out of Parliament, but towait till a Parliament be called.

Finally, He that suffers by and under an unjust censure will have the comfort of a good Conscience to support him till he be relieved; and therefore he must possess his soul with Patience, and rejoice under his cross, and not rail, murmur, and play the Bedlam as Lilburne and his Companions, Overton, Larner, and other Sectaries do, against our Savior's own precept and example, & then God in his due season will relieve & right them in a legal way; whereas their impatience, raving, and libellous railing Pamphlets and Petitions (not savouring of a Christian, meek and humble spirit) will but create them new troubles, expose them unto just and heavy censures, and rob them both of the comfort and glory of all their former sufferings against Law and Right.

Having answered these Objections I shall now earnestly desire all Lilburnes and Overtons seduced Disciples, whether Members or others, seriously to weigh and consider the premises, that so they may see how grossly they have been deluded, abused, and misled by these two Ignes fatui, or New-lights of the Law, and Circumscribers of the Lord's and Parliaments Jurisdictions, which (God knows) they no more know nor understand then Balaam's Ass, as the premises demonstrate; and I shall seriously adjure them, (if they have any grace, shame, or remainder of ingenuity left in them) ingeniously to recant, and publicly to retract all their seditiou • railing Libels, and Scurrilous Invectives against the Lord's undoubted Privileges, Jurisdiction, and Judicature, which I have here unanswerably made good, by undeniable Testimonies, Histories, Records, and the grounds of policy, and right reason, (which they are unable to gain say) to undeceive the many ignorant over-credulous poor souls they have corrupted and misled to the public destrubance of our Kingdoms Peace; and let all their followers consider well of our Savior's caution, Mat. 15. 14. If the blind lead the blind (as these blind-guides do you) both of them shall fall into the ditch, and there perish together: O consider therefore what I have here written to undeceive your judgments, and reform your practice; consider that Dominion, Principality, Regality, Magistracy, and Nobility are founded in the very Law of Nature, and God's own institution, who subjected not only all beasts, and living creatures to the sovereign Lordship of man, to whom he gave Dominion over them, Gen. 1. 28, 29. c. 9. 2, 3, 5. by virtue whereof men enjoy far greater Privileges then beasts; but likewise one man unto another, as children to their Parents, Wives to their Husbands, Servants to their Masters; Subjects to their Kings, Princes, Magistrates, Soldiers to their Captains, Mariners to their Ship-Masters, Scholars to their Tutors, People to their Ministers; which order, if denied or disturbed, will bring absolute and speedy confusion in all Families, Corporations, States, Kingdoms, Armies, Garrisons, Schools, Churches, and dissolve all human Societies, which subsist by order and subordination only to one another; and seeing Monarchy, Royalty, Principality, Nobility, yea Titles of Honor and Nobility (as Kings, Princes, Dukes, Lord's, &c. ) are as ancient almost, as the world it self, universally received, approved among all Nations whatsoever under heaven, and honored with special Privileges, as not only all k • eminent Authors, and experience manitest, but these ensuing Scripture Texts, Gen. 12. 15. c. 14. 1. to 10. c. 17. 6. 16. c. 20. 2. c. 21, 22, 23. c. 25. 16. c. 26. 1. 8. 26. c. 36. 15, 16, 17, 18, 29, 30, 31, to • 3. c. 9. 1, 2. c. 41. 40, to 47. c. 47. 2 • , 26. Exod. 1. 8. Numb. 20. 14, &c. c 21, 1, 1 • , 21, 33. c. 22. 7, 10, 14, 15, 40. c. 23. 17. c. 7. 2, 3, 10. c. 16. 2. c. 27. 2. c. 32. 2. Dent. 17. 14, 15, 16. Josh. 1. 16, 17, 18. c. 5. 1. c. 8. 9, 10 11, 12. Judge. 9. 6, 18. 1 Sam. 8. 5, 6. 2 sam 11. 2. 1 Kin. 4. 34. c. 10 15, 28, 29. c. 20. 16. c. 23. 22. Job. 3. 14. c. 36. 7. Psal. 2. 2. 10. Ps. 62. 12, 14, 29. Ps. 72. 10. Ps. 102. 15. Ps. 136. 17, 18. Ps. 138. 4. Prov. 8. 15, 16. Prov. 30. 31. Eccles. 10, 16, 17. Judge. 3. 5. c. 16. 8, 1 Sam. 5. 11. c. 29. 2, 6, 7. Dan. 4. 36. c. 5. 9, 10, 23. c. 6. 27. Mat. 8. 9, Mar. 6. 21. c. 10. 42. 1 Cor. 8. 5. Rom. 61. 1, 2, 3, 4. 1 Tim. 2. 1, 2. Tit. 3. 1, 2. 1 Pet. 2. 13, 14, 15. Acts 9. 27. (which I wish our Sectaries, Lovellers and Lilburnists to consider and study, with the others forecited; it will be a mere desperate folly and madness in any man to prove Antipodes to this instituiion of God, Nature, Nations; to run quite contrary to all meu, and to level the head, neck, shoulders to the feet; the tallect Cedars to the lowest Shru • s; the roof of every building to the foundation stones, the Su • ne, Moon, Stars, Heavens, to the very Earth and center, and even men themselves to the meanest beasts. I shall therefore conclude with Saint Paul's serious admonition, which these refractory persons have quite forgotten, Rom. 13. 1, 2, 3. Let every soul be subject to the higher Power for there is no po • er but of God the powers that be are ordained of God; whosoever therefore resisteth (much more oppugneth, abolisheth) the Power, resisteth (oppugneth, abolisheth) THE ORDINANCE OF GOD, and t • ey that resist (oppugn or endeavor to abolish these powers) shall receive to themselves DAMNATION; for Rulers are not a terror to good works, but to the evil, and wherefore YE MVST NEEDS BE SVBIECT, NOT ONLY FOR WRATH, but also FOR CONSCIENCE SAKE. And for this cause pay you tribute also, for they are God's Ministers, attending continually on this very thing. Render therefore to all (such higher Powers) their dues, tribute to whom ribute, custom to whom custom, fear to whom fear, HONOR to whom HONOR IS DUE, (which Saint Peter likewise seconds almost in the self-same words, which you may do well to peruse and study, 1 Pet. 2. 12. to 20.) and then you will never dare to question or dispute any more the Power, Judicatory, Privileges of the Right Honorable House of Peers, much less to Revile and Libell against their persons as now you do, to the infinite Scandal of your Schismaticall faction, and Religion it self, which you profess only in show, but deny in deed and practice.