The power, jurisdiction and priviledge of Parliament and the antiquity of the House of Commons asserted occasion'd by an information in the Kings Bench by the attorney general against the Speaker of the House of Commons : as also A discourse concerning the ecclesiastical jurisdiction in the realm of England, occasion'd by the late commission in ecclesiastical causes / by Sir Robert Atkins, Knight ...
         Atkyns, Robert, Sir, 1621-1709.
      
       
         
           1689
        
      
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         ESTC R16410
         12255974
         ocm 12255974
         57483
         
           
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             The power, jurisdiction and priviledge of Parliament and the antiquity of the House of Commons asserted occasion'd by an information in the Kings Bench by the attorney general against the Speaker of the House of Commons : as also A discourse concerning the ecclesiastical jurisdiction in the realm of England, occasion'd by the late commission in ecclesiastical causes / by Sir Robert Atkins, Knight ...
             Atkyns, Robert, Sir, 1621-1709.
          
           [2], 74 p.
           
             Printed for Timothy Goodwin ...,
             London :
             1689
          
           
             "A discourse concerning the ecclesiastical jurisdiction in the realm of England (p. [65]-74) has special t.p.
             Reproduction of original in Huntington Library.
          
        
      
    
     
       
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         eng
      
       
         
           England and Wales. -- Parliament.
           Church and state -- England -- Early works to 1800.
        
      
    
     
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               Newly
               Printed
               for
               Timothy
               Goodwin
               ,
               at
               the
               Maiden-Head
               ,
               against
               S.
               Dunstans
               Church
               ,
               in
               Fleetstreet
               .
            
             
               AN
               Enquiry
               into
               the
               Power
               of
               Dispensing
               with
               Penal
               Statutes
               ;
               together
               with
               some
               Animadversions
               upon
               a
               Book
               ,
               writ
               by
               Sir
               
                 Edward
                 Herbert
              
               ,
               Lord
               Chief
               Justice
               of
               the
               Court
               of
               Common-Pleas
               ,
               Entituled
               ,
               
                 A
                 short
                 Account
                 of
                 the
                 Authorities
                 in
                 Law
                 ,
                 upon
                 which
                 Judgement
                 was
                 given
                 ,
                 in
                 Sir
              
               Edward
               Hales's
               case
               .
               By
               Sir
               
                 Robert
                 Atkins
              
               ,
               Knight
               of
               the
               Honourable
               Order
               of
               the
               Bath
               ,
               and
               late
               one
               of
               the
               Judges
               of
               the
               Court
               of
               Common-Pleas
               .
            
          
           
             
             
               THE
               Power
               ,
               Jurisdiction
               and
               Priviledge
               OF
               PARLIAMENT
               ;
               AND
               THE
               ANTIQUITY
               OF
               THE
               House
               of
               Commons
               ASSERTED
               .
            
             
               OCCASION'D
               By
               an
               Information
               in
               the
               
                 Kings
                 Bench
              
               ,
               by
               the
               Attorney
               General
               ,
               against
               the
               Speaker
               of
               the
               House
               of
               Commons
               .
            
             
               As
               also
               a
               Discourse
               concerning
               the
               
                 Ecclesiastical
                 Jurisdiction
              
               IN
               THE
               REALM
               of
               ENGLAND
               Occasion'd
               by
               the
               Late
               Commission
               in
               Ecclesiastical
               Causes
               .
            
             
               By
               Sir
               
                 ROBERT
                 ATKINS
              
               ,
               Knight
               of
               the
               Honourable
               Order
               of
               the
               Bath
               ,
               and
               late
               one
               of
               the
               Judges
               of
               the
               Court
               of
               Common-Pleas
               .
            
             
               LONDON
               ,
               
                 Printed
                 for
              
               Timothy
               Goodwin
               ,
               
                 at
                 the
              
               Maiden-Head
               ,
               
                 against
                 S.
              
               Dunstans
               Church
               in
               Fleetstreet
               .
               1689.
               
            
          
        
         
           
             
             
             
               IN
               THE
               KINGS
               BENCH
               ,
               
                 TRIN.
                 36
                 CAROL
                 .
                 II.
                 
              
               BY
               INDICTMENT
               .
            
             
               
                 Middles
                 .
              
            
             
               THe
               Kings
               Attorney
               informs
               the
               Court
               ;
               That
               
                 W.
                 W.
                 
                   Esq
                
              
               being
               a
               Pernicious
               and
               Seditious
               Man
               ,
               and
               Contriving
               and
               Practising
               Falsly
               ,
               Maliciously
               and
               Seditiously
               ,
               to
               disturb
               the
               Peace
               and
               Quiet
               of
               the
               Kingdom
               :
            
             
               And
               to
               stir
               up
               Sedition
               ,
               and
               to
               procure
               Ill-Will
               between
               the
               King
               and
               his
               Subjects
               :
            
             
               And
               to
               bring
               the
               D.
               of
               Y.
               into
               Contempt
               with
               the
               King
               and
               his
               Subjects
               .
            
             
               In
               order
               to
               the
               Compassing
               of
               all
               these
               ,
            
             
               The
               ninth
               of
               
                 November
                 ,
                 34
                 Car.
              
               2
               ,
               In
               the
               Parish
               of
               S.
               
                 Martins
                 in
                 the
                 Fields
              
               ,
               in
               the
               County
               of
               Middlesex
               ,
               He
               the
               said
               
                 W.
                 W.
              
               did
               with
               Force
               and
               Arms
               ,
               Falsly
               ,
               Vnlawfully
               ,
               Vnjustly
               ,
               Wickedly
               ,
               Maliciously
               ,
               Scandalcusly
               ,
               Seditiously
               and
               Devillishly
               ,
               for
               his
               own
               Lucre
               ,
            
             
               Cause
               and
               Appoint
               a
               certain
               False
               ,
               Scandalous
               ,
               Seditious
               and
               Infamous
               Libel
               ;
               entituled
               ,
               
                 The
                 Information
                 of
              
               Thomas
               Dangerfield
               ,
               Gentleman
               ,
               to
               be
               Printed
               and
               Published
               .
            
             
               In
               which
               Libel
               ,
               (
               among
               other
               things
               )
               are
               contained
               ,
               as
               followeth
               :
               
                 The
                 Information
                 of
              
               Thomas
               Dangerfield
               ,
               Gentleman
               ,
               &c.
               (
               the
               Contents
               of
               it
               have
               been
               read
               ,
               and
               need
               no
               Repetition
               .
               )
               In
               Contempt
               of
               the
               Law
               ,
               and
               to
               the
               ill
               Example
               of
               others
               ;
               and
               against
               the
               Peace
               ,
               and
               the
               Kings
               Crown
               and
               Dignity
               .
            
             
               And
               the
               King's
               Attorney
               prays
               Process
               against
               him
               ,
               That
               he
               may
               be
               brought
               in
               to
               answer
               it
               .
            
             
               
               
                 The
                 Defendant
                 pleads
                 to
                 the
                 Jurisdiction
                 of
                 this
                 Court
                 ;
                 and
                 says
                 ,
              
               
                 That
                 by
                 the
                 Law
                 and
                 Custom
                 of
                 Parliament
                 .
              
               
                 The
                 Speaker
                 of
                 the
                 House
                 of
                 Commons
                 sitting
                 ,
                 the
                 Parliament
                 ,
                 according
                 to
                 the
                 Duty
                 of
                 his
                 Office
                 ,
                 as
                 Servant
                 to
                 the
                 House
                 ,
                 ought
                 ,
                 and
                 ever
                 has
                 accustomed
                 ,
                 to
                 Speak
                 ,
                 Sign
                 and
                 Publish
                 such
                 Proceedings
                 of
                 that
                 House
                 ,
                 and
                 in
                 such
                 manner
                 as
                 he
                 shall
                 be
                 ordered
                 by
                 the
                 Commons
                 so
                 assembled
                 .
              
               
                 And
                 that
                 such
                 Speaking
                 ,
                 Signing
                 or
                 Publishing
                 ,
                 according
                 to
                 the
                 Law
                 and
                 Custom
                 of
                 Parliament
                 ,
                 are
                 the
                 Act
                 and
                 Doing
                 of
                 the
                 Commons
                 themselves
                 ;
                 and
                 hath
                 ever
                 been
                 so
                 accepted
                 and
                 taken
                 ,
                 and
                 not
                 as
                 the
                 Speakers
                 own
                 Acting
                 or
                 doing
                 .
              
               
                 And
                 that
                 the
                 Speaker
                 ,
                 for
                 such
                 Speaking
                 ,
                 Signing
                 or
                 Publishing
                 by
                 him
                 made
                 or
                 done
                 ,
                 sitting
                 the
                 Parliament
                 ;
                 and
                 by
                 their
                 Order
                 ,
                 ought
                 not
                 to
                 answer
                 in
                 any
                 other
                 Court
                 or
                 Place
                 ,
                 but
                 in
                 Parliament
                 .
              
               
                 He
                 further
                 says
                 ,
                 That
                 at
                 the
                 Sessions
                 of
                 Parliament
                 at
                 Westminster
                 ,
                 the
                 15th
                 .
                 of
                 March
                 ,
                 31
                 Car.
                 2
                 ,
                 held
                 by
                 Prorogation
                 ,
              
               
                 One
                 William
                 Viscount
                 Stafford
                 and
                 others
                 ,
                 were
                 impeached
                 by
                 the
                 Commons
                 ,
                 before
                 the
                 Lords
                 ,
                 according
                 to
                 the
                 Law
                 and
                 Custom
                 of
                 Parliament
                 ,
                 of
                 High
                 Treason
                 ,
              
               
                 For
                 a
                 most
                 execrable
                 Conspiring
                 to
                 kill
                 the
                 King
                 ,
              
               
                 And
                 to
                 Alter
                 and
                 Subvert
                 the
                 Ancient
                 Government
                 ,
                 and
                 the
                 Laws
                 of
                 the
                 Realm
                 .
              
               
                 And
                 to
                 Suppress
                 the
                 true
                 Religion
                 established
                 in
                 this
                 Kingdom
                 .
              
               
                 And
                 to
                 root
                 up
                 and
                 destroy
                 the
                 Professors
                 of
                 it
                 .
              
               
                 And
                 that
                 afterwards
                 ,
                 in
                 the
                 Sessions
                 of
                 Parliament
                 ,
                 held
                 by
                 Prorogation
                 ,
                 at
                 
                   Westminster
                   ,
                   21
                   Octob.
                   32
                   Car.
                
                 2.
                 
              
               
                 The
                 said
                 Viscount
                 Stafford
                 ,
                 at
                 the
                 Prosecution
                 of
                 the
                 Commons
                 ,
                 was
                 Tried
                 ,
                 and
                 Convicted
                 ,
                 and
                 Attainted
                 ,
                 in
                 due
                 Form
                 of
                 Law
                 ,
                 by
                 the
                 Temporal
                 Lords
                 then
                 assembled
                 in
                 Parliament
                 ,
                 for
                 the
                 High
                 Treasons
                 ,
                 of
                 which
                 he
                 was
                 so
                 Impeached
                 by
                 the
                 Commons
                 .
              
               
                 As
                 by
                 the
                 Record
                 of
                 Parliament
                 does
                 appear
                 .
              
               
                 He
                 further
                 says
                 ,
                 That
                 in
                 the
                 opening
                 of
                 that
                 Session
                 ,
              
               
                 The
                 King
                 ,
                 in
                 his
                 Speech
                 to
                 the
                 Lords
                 and
                 Commons
                 ,
                 charged
                 them
                 to
                 pursue
                 a
                 further
                 Examination
                 of
                 that
                 Conspiracy
                 ,
                 with
                 a
                 Strict
                 and
                 Impartial
                 Enquiry
                 .
              
               
                 And
                 the
                 King
                 then
                 told
                 them
                 ,
                 That
                 he
                 did
                 not
                 think
                 himself
                 nor
                 them
                 secure
                 till
                 that
                 matter
                 was
                 throughly
                 done
                 .
              
               
                 He
                 further
                 says
                 ,
                 That
                 in
                 the
                 same
                 Sessions
                 of
                 Parliament
                 ,
                 last
                 mentioned
                 ,
                 which
                 continued
                 at
                 Westminster
                 till
                 10
                 
                   Jan.
                   32
                   Car.
                
                 2.
                 both
                 Houses
                 of
                 Parliament
                 ,
                 in
                 pursuance
                 of
                 his
                 Majesties
                 said
                 Direction
                 ,
                 made
                 a
                 Strict
                 and
                 Impartial
                 Enquiry
                 after
                 that
                 Conspiracy
                 .
              
               
               
                 And
                 upon
                 that
                 Enquiry
                 ,
                 in
                 the
                 same
                 Sessions
                 of
                 Parliament
                 ,
                 last
                 mentioned
                 ,
                 the
                 said
                 
                   Thomas
                   Dangerfield
                
                 ,
                 in
                 the
                 said
                 Information
                 named
                 ,
                 did
                 upon
                 his
                 Oath
                 exhibit
                 to
                 the
                 Lords
                 in
                 Parliament
                 ,
                 the
                 said
                 Libel
                 (
                 entituled
                 ,
                 
                   The
                   Information
                   of
                
                 Thomas
                 Dangerfield
                 ,
                 Gentleman
                 )
                 as
                 his
                 true
                 Information
                 of
                 that
                 Conspiracy
                 :
                 And
                 delivered
                 it
                 to
                 the
                 Lords
                 ,
                 which
                 was
                 and
                 is
                 there
                 Recorded
                 ,
                 as
                 by
                 the
                 Record
                 thereof
                 in
                 Parliament
                 does
                 appear
                 .
              
               
                 And
                 he
                 also
                 delivered
                 it
                 to
                 the
                 House
                 of
                 Commons
                 in
                 the
                 same
                 Parliament
                 ,
                 at
                 the
                 Bar
                 of
                 that
                 House
                 .
              
               
                 And
                 the
                 said
                 Commons
                 then
                 ordered
                 ,
                 That
                 that
                 Information
                 (
                 among
                 others
                 ,
                 then
                 before
                 given
                 in
                 at
                 the
                 Bar
                 of
                 that
                 House
                 ,
                 touching
                 the
                 said
                 Plot
                 )
                 should
                 be
                 entred
                 in
                 their
                 Journal
                 .
              
               
                 And
                 that
                 all
                 the
                 said
                 Informations
                 should
                 be
                 printed
                 ,
                 being
                 first
                 Perused
                 and
                 Signed
                 by
                 their
                 Speaker
                 :
              
               
                 And
                 that
                 the
                 Speaker
                 should
                 name
                 and
                 appoint
                 the
                 Persons
                 that
                 should
                 print
                 them
                 :
              
               
                 And
                 that
                 
                   Thomas
                   Dangerfield
                
                 should
                 have
                 the
                 Benefit
                 of
                 the
                 Printing
                 of
                 his
                 Information
                 .
              
               
                 And
                 the
                 Defendant
                 further
                 says
                 ,
                 That
                 he
                 was
                 a
                 Member
                 of
                 the
                 House
                 of
                 Commons
                 during
                 all
                 the
                 Sessions
                 of
                 Parliament
                 ,
                 last
                 mentioned
                 ,
                 and
                 was
                 duly
                 Elected
                 and
                 Made
                 their
                 Speaker
                 ,
                 and
                 was
                 so
                 all
                 that
                 Sessions
                 .
              
               
                 And
                 that
                 by
                 virtue
                 of
                 ,
                 and
                 in
                 pursuance
                 of
                 the
                 said
                 Order
                 ,
                 as
                 Speaker
                 of
                 the
                 House
                 ,
                 afterwards
                 ,
                 during
                 that
                 Session
                 ,
                 
                   sc.
                   10
                   Nov.
                   32
                   Car.
                
                 2.
                 in
                 the
                 Parish
                 of
                 S.
                 
                   Martins
                   in
                   the
                   Fields
                
                 ,
                 in
                 the
                 said
                 County
                 of
                 Middlesex
                 ,
              
               
                 He
                 did
                 Peruse
                 the
                 said
                 Information
                 ,
                 so
                 exhibited
                 by
                 the
                 said
                 
                   Thomas
                   Dangerfield
                
                 to
                 the
                 Commons
                 ,
                 and
                 he
                 Signed
                 it
                 by
                 putting
                 to
                 it
                 his
                 Name
                 ,
                 
                   viz.
                   William
                   Williams
                
                 ,
                 Speaker
                 of
                 the
                 House
                 of
                 Commons
                 .
              
               
                 And
                 then
                 and
                 there
                 appointed
                 
                   Thomas
                   Newcomb
                
                 and
                 
                   Henry
                   Hills
                
                 (
                 being
                 the
                 Kings
                 Printers
                 )
                 to
                 Print
                 that
                 Information
                 ,
                 according
                 to
                 the
                 said
                 Order
                 of
                 the
                 House
                 of
                 Commons
                 .
              
               
                 And
                 thereupon
                 the
                 said
                 Information
                 afterwards
                 ,
                 and
                 during
                 that
                 Session
                 ,
                 
                   sc.
                   10
                   Nov.
                   32
                   Car.
                
                 2.
                 was
                 printed
                 by
                 those
                 two
                 Printers
                 .
              
               
                 And
                 that
                 the
                 said
                 
                   Thomas
                   Dangerfield
                
                 had
                 the
                 Benefit
                 of
                 that
                 Printing
                 ,
                 according
                 to
                 the
                 Order
                 of
                 the
                 House
                 .
              
               
                 Which
                 Setting
                 to
                 of
                 his
                 Name
                 ,
                 and
                 Appointment
                 of
                 the
                 said
                 Printers
                 to
                 Print
                 the
                 said
                 Information
                 ,
                 are
                 the
                 same
                 Causing
                 and
                 Appointing
                 of
                 the
                 Printing
                 and
                 Publishing
                 of
                 the
                 Libel
                 in
                 the
                 Attorney
                 General
                 's
                 Information
                 mentioned
                 .
              
               
                 
                   Absque
                   hoc
                
                 ,
                 That
                 he
                 is
                 Guilty
                 of
                 the
                 Premises
                 in
                 the
                 said
                 Attorney
                 General
                 's
                 Information
                 specified
                 ,
                 on
                 the
                 ninth
                 of
                 November
                 ,
                 in
                 the
                 said
                 Information
                 specified
                 ,
                 or
                 at
                 any
                 other
                 Time
                 after
                 the
                 said
                 Session
                 of
                 Parliament
                 ,
                 or
                 before
                 it
                 ;
                 or
                 otherwise
                 ,
                 or
                 in
                 any
                 other
                 manner
                 than
                 as
                 he
                 has
                 above
                 alledged
                 .
              
               
               
                 And
                 this
                 he
                 is
                 ready
                 to
                 aver
                 ,
                 &c.
                 
              
               
                 Wherefore
                 ,
                 and
                 for
                 
                   that
                   what
                   he
                   so
                   did
                   ,
                   was
                   done
                   by
                   him
                   as
                   Speaker
                
                 of
                 the
                 House
                 of
                 Commons
                 ,
                 in
                 Parliament
                 ,
                 and
                 by
                 
                   their
                   Order
                
                 ,
                 and
                 
                   Sitting
                   the
                   Parliament
                
                 ,
              
               
                 He
                 demands
                 the
                 Judgment
                 of
                 this
                 Court
                 ,
                 Whether
                 this
                 Court
                 will
                 take
                 any
                 further
                 cognizance
                 of
                 this
                 Matter
                 .
              
            
          
           
             
             
               Kings
               Bench
               :
            
             
               The
               Kings
               Attorney
               is
               Plaintiff
               ,
               and
               W.
               W.
               
                 Esq
              
               Defendant
               ,
               in
               an
               Information
               for
               a
               Misdemeanour
               .
            
             
               
                 The
                 Information
                 sets
                 forth
                 ,
                 &c.
                 vide
                 the
                 Brief
                 of
                 the
                 Record
                 .
              
               
                 THe
                 Information
                 taken
                 singly
                 by
                 it self
                 ,
                 
                 (
                 without
                 the
                 Defendents
                 Plea
                 )
                 contains
                 a
                 very
                 Severe
                 and
                 Heavy
                 Charge
                 in
                 it
                 ,
                 against
                 the
                 Defendant
                 ,
                 set
                 out
                 with
                 the
                 highest
                 Aggravations
                 :
              
               
                 And
                 this
                 against
                 a
                 Gentleman
                 of
                 the
                 Profession
                 of
                 the
                 Law
                 ,
                 and
                 one
                 who
                 hath
                 had
                 the
                 Honour
                 to
                 be
                 Speaker
                 of
                 several
                 Parliaments
                 .
              
               
                 We
                 may
                 observe
                 in
                 this
                 Information
                 the
                 worst
                 of
                 Adjectives
                 or
                 Epithites
                 fastned
                 upon
                 the
                 Defendant
                 :
                 It
                 stiles
                 him
                 ,
                 A
                 Pernicious
                 and
                 Seditious
                 Man.
                 
              
               
                 
                   It
                   charges
                   him
                   with
                   the
                   worst
                   of
                
                 Actions
                 ;
                 sc.
                 Stirring
                 up
                 of
                 Sedition
                 ,
                 Disturbing
                 the
                 Peace
                 of
                 the
                 Kingdom
                 ,
                 endeavouring
                 to
                 procure
                 Ill-will
                 between
                 the
                 King
                 and
                 his
                 Subjects
                 ;
                 and
                 to
                 bring
                 the
                 D.
                 of
                 Y.
                 into
                 Contempt
                 with
                 the
                 King
                 and
                 his
                 Subjects
                 ;
                 and
                 with
                 the
                 Printing
                 and
                 Publishing
                 
                   a
                   False
                   ,
                   Scandalous
                   ,
                   Seditious
                   and
                   Infamous
                   Libel
                   .
                
              
               
                 These
                 Crimes
                 and
                 Actions
                 are
                 set
                 out
                 in
                 Mr.
                 Attornies
                 Information
                 with
                 the
                 worst
                 of
                 Adverbs
                 ;
                 and
                 with
                 a
                 great
                 Heap
                 of
                 them
                 together
                 ;
                 viz.
                 That
                 these
                 things
                 were
                 done
                 by
                 the
                 Defendant
                 ,
                 
                   Falsly
                   ,
                   Vnlawfully
                   ,
                   Vnjustly
                   ,
                   Wickedly
                   ,
                   Maliciously
                   ,
                   Scandalously
                   ,
                   Seditiously
                
                 and
                 Devillishly
                 .
              
               
                 And
                 to
                 add
                 (
                 if
                 possile
                 )
                 to
                 all
                 this
                 ,
                 it
                 is
                 charged
                 to
                 be
                 done
                 out
                 of
                 one
                 of
                 the
                 basest
                 Principles
                 :
                 Out
                 of
                 Malice
                 ;
                 and
                 for
                 one
                 of
                 the
                 most
                 Sordid
                 and
                 Odious
                 Ends
                 ,
                 viz.
                 For
                 
                   his
                   own
                   Lucre.
                
                 
              
               
                 It
                 may
                 further
                 be
                 observed
                 ,
                 That
                 the
                 Information
                 does
                 not
                 alledged
                 or
                 affirm
                 ,
                 That
                 there
                 is
                 any
                 such
                 Person
                 in
                 the
                 World
                 as
                 
                   Thomas
                   Dangerfield
                
                 (
                 though
                 it
                 mention
                 the
                 Name
                 ;
                 )
                 nor
                 that
                 any
                 such
                 Person
                 did
                 ever
                 Frame
                 or
                 Draw
                 up
                 any
                 such
                 Scandalous
                 and
                 Libellous
                 Book
                 or
                 Information
                 ,
                 as
                 is
                 mentioned
                 in
                 Mr.
                 Attorneys
                 Information
                 .
              
               
               
                 But
                 (
                 for
                 all
                 that
                 ,
                 Mr.
                 Attorney
                 shews
                 )
                 the
                 Name
                 of
                 
                   Thomas
                   Dangerfield
                
                 ,
                 may
                 be
                 but
                 a
                 feigned
                 or
                 borrowed
                 Name
                 ,
                 and
                 that
                 the
                 Defendant
                 may
                 be
                 the
                 Author
                 and
                 Composer
                 of
                 this
                 Libel
                 ,
                 as
                 well
                 as
                 the
                 Publisher
                 .
              
               
                 And
                 one
                 would
                 not
                 imagine
                 ,
                 upon
                 reading
                 Mr.
                 Attorney's
                 Information
                 ,
                 that
                 any
                 thing
                 of
                 these
                 Matters
                 ,
                 thus
                 charged
                 ,
                 was
                 ever
                 transacted
                 in
                 Parliament
                 :
                 But
                 Mr.
                 Attorney
                 gives
                 them
                 another
                 Date
                 ,
                 both
                 of
                 Time
                 and
                 Place
                 .
                 
                 He
                 does
                 not
                 lay
                 the
                 Scene
                 at
                 Westminster
                 ,
                 but
                 at
                 S.
                 
                   Martins
                   in
                   the
                   Fields
                
                 ,
                 and
                 he
                 times
                 it
                 to
                 the
                 Year
                 1682.
                 whereas
                 there
                 was
                 no
                 Parliament
                 in
                 that
                 Year
                 .
                 This
                 was
                 warily
                 done
                 .
              
               
                 Thus
                 the
                 Case
                 stands
                 upon
                 Mr.
                 Attorney's
                 Information
                 ,
                 and
                 should
                 it
                 be
                 left
                 here
                 ,
                 it
                 would
                 be
                 a
                 wosul
                 Case
                 with
                 the
                 Defendant
                 ;
              
               
                 But
                 as
                 Solomon
                 says
                 in
                 his
                 Proverbs
                 ;
              
               
                 The
                 first
                 in
                 his
                 own
                 cause
                 is
                 just
                 ,
                 then
                 comes
                 the
                 other
                 party
                 and
                 enquires
                 into
                 him
                 .
              
               
                 The
                 plain
                 English
                 of
                 which
                 is
                 (
                 as
                 we
                 use
                 to
                 say
                 )
                 
                   One
                   Tale
                   is
                   good
                   till
                   another
                   is
                   told
                   .
                
              
               
                 The
                 Defendant
                 ,
                 in
                 his
                 Plea
                 ,
                 
                 states
                 the
                 matter
                 truly
                 and
                 fully
                 ,
                 and
                 tells
                 us
                 ,
                 That
                 there
                 is
                 nothing
                 true
                 in
                 this
                 Information
                 exhibited
                 against
                 him
                 ,
                 save
                 only
                 that
                 there
                 was
                 such
                 an
                 Information
                 of
                 Dangerfields
                 ,
                 but
                 that
                 the
                 Defendant
                 was
                 none
                 of
                 the
                 Author
                 .
              
               
                 It
                 was
                 drawn
                 up
                 and
                 delivered
                 in
                 to
                 both
                 Houses
                 of
                 Parliament
                 ,
                 first
                 to
                 the
                 Lords
                 ,
                 upon
                 Oath
                 ;
                 and
                 there
                 ordered
                 to
                 be
                 entred
                 in
                 their
                 Journal
                 :
                 And
                 afterwards
                 delivered
                 at
                 the
                 Bar
                 of
                 the
                 House
                 of
                 Commons
                 .
              
               
                 And
                 that
                 the
                 Defendant
                 ,
                 being
                 Speaker
                 of
                 the
                 Commons
                 ,
                 he
                 examined
                 that
                 Information
                 of
                 Dangerfields
                 ,
                 and
                 directed
                 the
                 Printing
                 of
                 it
                 :
                 But
                 it
                 was
                 all
                 done
                 in
                 time
                 of
                 Parliament
                 ,
                 and
                 ordered
                 to
                 be
                 done
                 by
                 the
                 House
                 of
                 Commons
                 .
              
               
                 By
                 this
                 Narrative
                 of
                 the
                 Plea
                 ,
                 all
                 the
                 unlucky
                 Adjectives
                 and
                 untoward
                 Adverbs
                 are
                 thrown
                 off
                 ,
                 and
                 the
                 Defendant
                 cleared
                 from
                 the
                 Malice
                 .
              
               
                 Nor
                 is
                 it
                 true
                 that
                 is
                 said
                 in
                 Mr.
                 Attorney's
                 Information
                 ,
                 To
                 be
                 done
                 for
                 the
                 Defendants
                 Lucre.
                 He
                 did
                 it
                 out
                 of
                 Obedience
                 to
                 the
                 Parliament
                 ;
                 and
                 he
                 denies
                 that
                 he
                 made
                 any
                 Profit
                 by
                 it
                 ,
                 but
                 according
                 to
                 the
                 Order
                 of
                 the
                 House
                 ;
                 the
                 Profit
                 of
                 the
                 Printing
                 was
                 to
                 Dangerfield
                 .
                 And
                 all
                 this
                 is
                 confessed
                 by
                 the
                 Demurrer
                 .
              
               
                 The
                 Plea
                 consists
                 of
                 these
                 Parts
                 :
                 Matter
                 of
                 Fact
                 ,
                 Matter
                 of
                 Record
                 ,
                 and
                 Matter
                 of
                 Law.
                 
              
               
                 It
                 begins
                 with
                 Matter
                 of
                 Law
                 ;
                 and
                 sets
                 down
                 the
                 Law
                 and
                 Custom
                 of
                 Parliament
                 .
              
               
                 Then
                 he
                 does
                 assume
                 the
                 Matter
                 of
                 Fact
                 ,
                 and
                 of
                 Record
                 ,
                 and
                 brings
                 them
                 home
                 to
                 that
                 Law.
                 
              
               
                 He
                 tells
                 us
                 ,
                 That
                 ,
                 
                   for
                   certain
                
                 ,
                 there
                 was
                 such
                 a
                 thing
                 as
                 a
                 Popish
                 Plot
                 ,
                 and
                 that
                 it
                 was
                 a
                 Desperate
                 ,
                 Horrid
                 ,
                 Devillish
                 
                 Plot.
                 And
                 here
                 all
                 the
                 bitter
                 Adjectives
                 and
                 Adverbs
                 would
                 have
                 been
                 well
                 bestowed
                 ,
                 rather
                 than
                 upon
                 the
                 Speaker
                 of
                 that
                 Parliament
                 ;
                 which
                 Parliament
                 with
                 such
                 admirable
                 Zeal
                 and
                 Courage
                 did
                 prosecute
                 some
                 of
                 those
                 Plotters
                 .
              
               
                 He
                 sets
                 forth
                 ,
                 That
                 —
                 the
                 Lord
                 Stafford
                 was
                 in
                 Parliament
                 Convict
                 before
                 the
                 Lords
                 of
                 High
                 Treason
                 ,
                 committed
                 in
                 that
                 Plot
                 ;
                 and
                 he
                 was
                 Covicted
                 at
                 the
                 Prosecution
                 of
                 the
                 Commons
                 ,
                 according
                 to
                 the
                 Law
                 ,
                 and
                 Custom
                 of
                 Parliament
                 .
              
               
                 He
                 says
                 ,
                 That
                 the
                 King
                 in
                 his
                 Speech
                 to
                 the
                 Lords
                 and
                 Commons
                 ,
                 charged
                 them
                 to
                 make
                 a
                 further
                 strict
                 and
                 impartial
                 Enquiry
                 after
                 this
                 Plot.
                 
              
               
                 Then
                 the
                 Plea
                 tell
                 us
                 ,
                 They
                 did
                 accordingly
                 make
                 an
                 impartial
                 Enquiry
                 ,
                 and
                 diverse
                 others
                 were
                 thereupon
                 convicted
                 of
                 that
                 Plot.
                 
              
               
                 It
                 now
                 appears
                 plainly
                 ,
                 That
                 all
                 that
                 is
                 contained
                 in
                 this
                 Plea
                 was
                 not
                 only
                 done
                 during
                 the
                 Parliament
                 ,
                 but
                 by
                 the
                 Parliament
                 it self
                 ;
                 and
                 that
                 the
                 Defendant
                 only
                 acted
                 as
                 Speaker
                 .
              
               
                 And
                 it
                 is
                 worth
                 the
                 remembring
                 too
                 ,
                 That
                 there
                 has
                 been
                 another
                 Parliament
                 since
                 ,
                 namely
                 that
                 at
                 Oxford
                 .
              
               
                 And
                 though
                 all
                 that
                 was
                 done
                 by
                 him
                 in
                 the
                 Parliament
                 at
                 Westminster
                 ,
                 was
                 then
                 very
                 well
                 known
                 and
                 remembered
                 ;
                 and
                 though
                 he
                 were
                 so
                 Pernicious
                 and
                 Seditious
                 a
                 Man
                 ,
                 in
                 the
                 Opinion
                 of
                 Mr.
                 Attorneys
                 Information
                 ,
                 yet
                 the
                 World
                 had
                 a
                 better
                 Opinion
                 of
                 him
                 ,
                 for
                 he
                 was
                 chosen
                 Speaker
                 again
                 ,
                 in
                 that
                 latter
                 Parliament
                 ,
                 and
                 his
                 Majesty
                 approved
                 of
                 him
                 .
              
               
                 At
                 last
                 ,
                 the
                 Defendant
                 concludes
                 his
                 Plea
                 
                   to
                   the
                   Jurisdiction
                   of
                   this
                   Court
                   :
                   viz.
                
                 That
                 what
                 he
                 had
                 so
                 acted
                 ,
                 
                 being
                 acted
                 in
                 Parliament
                 time
                 ,
                 and
                 by
                 Order
                 of
                 Parliament
                 ,
                 he
                 demands
                 the
                 Judgment
                 of
                 this
                 Court
                 ,
                 Whether
                 they
                 will
                 take
                 Conusance
                 of
                 it
                 .
              
            
             
               
                 The
                 Attorney
                 General
                 demurr'd
                 to
                 it
                 .
              
               
                 THe
                 Subject
                 Matter
                 of
                 this
                 Record
                 is
                 a
                 very
                 large
                 Field
                 ,
                 viz.
                 The
                 Power
                 and
                 Jurisdiction
                 of
                 Parliament
                 ,
                 and
                 yet
                 I
                 shall
                 have
                 but
                 a
                 narrow
                 Path
                 to
                 walk
                 in
                 .
                 It
                 is
                 a
                 very
                 Nice
                 and
                 Tender
                 Point
                 :
                 It
                 is
                 my
                 Case
                 ,
                 as
                 it
                 was
                 heretofore
                 with
                 those
                 that
                 were
                 to
                 undergo
                 the
                 old
                 Saxon
                 Trial
                 by
                 Fire
                 
                   Ordail
                   (
                   per
                   ferrum
                   candens
                
                 )
                 If
                 I
                 tread
                 aside
                 and
                 make
                 a
                 wrong
                 Step
                 ,
                 I
                 may
                 do
                 my self
                 a
                 Mischief
                 .
              
               
                 But
                 by
                 the
                 Grace
                 of
                 God
                 ,
                 I
                 shall
                 take
                 care
                 neither
                 on
                 the
                 one
                 hand
                 to
                 give
                 any
                 just
                 occasion
                 of
                 offence
                 to
                 those
                 above
                 me
                 ;
                 nor
                 yet
                 on
                 the
                 other
                 hand
                 ,
                 shall
                 I
                 be
                 wanting
                 in
                 that
                 Duty
                 I
                 owe
                 to
                 the
                 Kingdoms
                 Cause
                 .
                 I
                 shall
                 speak
                 my
                 mind
                 freely
                 in
                 it
                 ,
                 and
                 leave
                 the
                 Success
                 to
                 God.
                 
              
               
                 And
                 while
                 I
                 must
                 argue
                 for
                 the
                 freedom
                 of
                 acting
                 in
                 Parliament
                 ,
                 and
                 speak
                 for
                 the
                 Speaker
                 ,
                 and
                 endeavour
                 to
                 maintain
                 
                 their
                 Rights
                 and
                 Priviledges
                 ,
                 I
                 may
                 justly
                 claim
                 that
                 ordinary
                 and
                 reasonable
                 Priviledge
                 for
                 my self
                 ,
                 that
                 if
                 I
                 happen
                 unawares
                 to
                 misplace
                 a
                 Word
                 ,
                 or
                 to
                 be
                 misapprehended
                 in
                 what
                 I
                 say
                 ,
                 I
                 may
                 have
                 the
                 liberty
                 instantly
                 to
                 explain
                 my self
                 .
              
               
                 And
                 I
                 take
                 my self
                 to
                 be
                 under
                 the
                 protection
                 of
                 the
                 Law
                 ,
                 while
                 I
                 argue
                 the
                 Law.
                 
              
            
             
               
                 In
                 arguing
                 this
                 Case
                 ,
                 
                 I
                 shall
                 make
                 three
                 Points
                 ,
                 or
                 lay
                 down
                 these
                 three
                 Positions
                 .
              
               
                 1.
                 
                 That
                 what
                 is
                 done
                 in
                 this
                 Case
                 ,
                 is
                 done
                 in
                 a
                 course
                 of
                 Justice
                 ,
                 and
                 that
                 in
                 the
                 highest
                 Court
                 of
                 the
                 Nation
                 (
                 the
                 Parliament
                 )
                 and
                 according
                 to
                 the
                 Law
                 and
                 Custom
                 of
                 Parliament
                 .
              
               
                 2.
                 
                 That
                 however
                 ,
                 that
                 which
                 is
                 done
                 in
                 this
                 Case
                 ,
                 is
                 not
                 to
                 be
                 imputed
                 to
                 the
                 Defendant
                 ,
                 who
                 acted
                 in
                 it
                 but
                 as
                 the
                 Servant
                 or
                 Minister
                 of
                 the
                 Parliament
                 ,
                 though
                 in
                 a
                 very
                 honourable
                 Station
                 .
              
               
                 3.
                 
                 That
                 these
                 being
                 Matters
                 transacted
                 in
                 Parliament
                 ,
                 and
                 by
                 the
                 Parliament
                 ,
                 this
                 Court
                 of
                 the
                 
                   Kings
                   Bench
                
                 ought
                 not
                 to
                 take
                 conusance
                 of
                 them
                 ;
                 nor
                 hath
                 it
                 any
                 Jurisdiction
                 to
                 judge
                 or
                 determine
                 of
                 them
                 .
              
            
             
               
                 As
                 to
                 the
                 First
                 ,
                 
                 I
                 shall
                 frame
                 this
                 Syllogism
                 .
              
               
                 No
                 Indictment
                 or
                 Action
                 lies
                 for
                 what
                 is
                 done
                 in
                 a
                 course
                 of
                 Justice
                 ,
                 or
                 in
                 a
                 way
                 of
                 Legal
                 Proceeding
                 .
              
               
                 But
                 what
                 has
                 been
                 done
                 by
                 the
                 Defendant
                 ,
                 and
                 by
                 the
                 House
                 of
                 Commons
                 in
                 this
                 Case
                 ,
                 hath
                 been
                 done
                 in
                 a
                 course
                 of
                 Justice
                 ,
                 and
                 in
                 a
                 way
                 of
                 Legal
                 Proceedings
                 ,
                 and
                 that
                 in
                 the
                 highest
                 Court
                 of
                 the
                 Nation
                 .
              
               
                 Therefore
                 what
                 hath
                 been
                 here
                 done
                 ,
                 is
                 neither
                 subject
                 to
                 an
                 Action
                 or
                 Indictment
                 .
              
            
             
               
                 I
                 shall
                 first
                 prove
                 the
                 Major
                 Proposition
                 .
                 
              
               
                 That
                 
                   no
                   Indictment
                
                 or
                 Action
                 lies
                 for
                 what
                 is
                 done
                 in
                 a
                 Course
                 of
                 Justice
                 .
              
               
                 The
                 Reason
                 of
                 the
                 Law
                 is
                 ,
                 
                 That
                 the
                 Law
                 and
                 Courts
                 of
                 Law
                 ,
                 and
                 Justice
                 ,
                 and
                 Remedies
                 against
                 wrong
                 ,
                 ought
                 to
                 be
                 free
                 and
                 open
                 ;
                 and
                 no
                 man
                 must
                 be
                 frighted
                 nor
                 discouraged
                 from
                 a
                 legal
                 Prosecution
                 of
                 his
                 Right
                 .
              
               
                 To
                 prove
                 this
                 ,
                 
                 I
                 shall
                 make
                 bold
                 to
                 cite
                 the
                 Opinion
                 and
                 Authority
                 of
                 a
                 
                   Town
                   Clerk.
                
                 The
                 Report
                 of
                 it
                 is
                 in
                 the
                 Holy
                 Scripture
                 ,
                 the
                 truest
                 and
                 highest
                 Report
                 .
                 It
                 was
                 the
                 Opinion
                 and
                 Advice
                 of
                 the
                 
                   Town
                   Clerk
                
                 of
                 Athens
                 .
                 
                 We
                 read
                 it
                 in
                 the
                 
                   Acts
                   of
                   the
                   Apostles
                
                 ,
                 and
                 it
                 instantly
                 still'd
                 and
                 quieted
                 a
                 mighty
                 Uproar
                 ,
                 it
                 had
                 so
                 much
                 weight
                 in
                 it
                 .
                 
                   If
                   any
                   man
                
                 (
                 says
                 he
                 )
                 
                   have
                   any
                   matter
                   against
                   another
                   ,
                   the
                   Law
                   is
                   open
                   ,
                   and
                   there
                   are
                   Deputies
                   ;
                   let
                   them
                
                 (
                 says
                 he
                 )
                 
                   implead
                   one
                   another
                
                 .
              
               
                 The
                 Parties
                 to
                 a
                 Suit
                 in
                 Law
                 ,
                 the
                 Council
                 ,
                 the
                 Attorney
                 ,
                 the
                 Witness
                 ,
                 the
                 Officers
                 ,
                 the
                 Jury
                 ,
                 are
                 all
                 under
                 a
                 protection
                 of
                 the
                 Law
                 for
                 what
                 they
                 do
                 or
                 say
                 in
                 the
                 prosecution
                 of
                 a
                 Suit
                 in
                 Law
                 ,
                 or
                 any
                 Legal
                 Proceeding
                 .
              
            
             
               
               
                 I
                 will
                 put
                 some
                 few
                 Cases
                 suited
                 to
                 every
                 one
                 of
                 these
                 who
                 are
                 the
                 several
                 Actors
                 in
                 a
                 Suit.
                 
                 
              
               
                 By
                 the
                 
                   Stat.
                   of
                   3
                   E.
                
                 1.
                 call'd
                 the
                 Stat.
                 of
                 W.
                 1.
                 
                 He
                 that
                 reports
                 slanderous
                 News
                 ,
                 whereby
                 Discord
                 may
                 grow
                 between
                 the
                 King
                 and
                 his
                 People
                 ,
                 or
                 the
                 Great
                 Men
                 of
                 the
                 Realm
                 ,
                 is
                 to
                 be
                 imprisoned
                 ,
                 till
                 the
                 first
                 Author
                 of
                 the
                 Tale
                 be
                 brought
                 into
                 the
                 Court.
                 This
                 comes
                 near
                 our
                 Case
                 ;
                 and
                 this
                 is
                 all
                 the
                 Punishment
                 that
                 the
                 Statute
                 inflicts
                 upon
                 this
                 Crime
                 of
                 reporting
                 such
                 a
                 Slander
                 .
              
               
                 Sir.
                 
                   E.
                   C.
                
                 in
                 his
                 Exposition
                 upon
                 this
                 Stat.
                 in
                 his
                 
                   2d
                   .
                   Instit.
                
                 228.
                 says
                 ,
                 That
                 this
                 Stat.
                 extends
                 only
                 to
                 
                   Extrajudicial
                   Slanders
                
                 .
              
               
                 And
                 therefore
                 (
                 says
                 he
                 )
                 if
                 any
                 man
                 bring
                 an
                 Appeal
                 of
                 Murder
                 or
                 Robbery
                 against
                 any
                 of
                 the
                 Peers
                 of
                 the
                 Realm
                 ,
                 although
                 the
                 Charge
                 be
                 false
                 ,
                 yet
                 shall
                 not
                 the
                 Peer
                 have
                 an
                 Action
                 
                   De
                   Scandalis
                   Magnatum
                
                 ,
                 neither
                 at
                 the
                 Common
                 Law
                 ,
                 nor
                 by
                 this
                 Stat.
                 of
                 
                   W.
                   I.
                
                 nor
                 any
                 other
                 Stat.
                 for
                 any
                 such
                 Appeal
                 ,
                 nor
                 for
                 affirming
                 the
                 Matter
                 of
                 it
                 to
                 be
                 true
                 ,
                 either
                 to
                 Councel
                 or
                 Attorney
                 ,
                 or
                 for
                 speaking
                 the
                 same
                 in
                 Evidence
                 to
                 a
                 Jury
                 .
              
               
                 It
                 was
                 the
                 Lord
                 Beauchamp's
                 Case
                 ,
                 
                 13.
                 
                 
                   H.
                   7.
                   
                   Keilway
                   ,
                   26
                   ,
                   27
                   ,
                   28.
                   
                   Sir
                   Richard
                   Crofts
                
                 sued
                 a
                 Writ
                 of
                 Forgery
                 of
                 False
                 Deeds
                 against
                 the
                 Lord
                 Beauchamp
                 :
                 The
                 Lord
                 Beauchamp
                 sues
                 Sir
                 
                   Richard
                   Crofts
                
                 in
                 an
                 Action
                 
                   De
                   Scandalis
                   Magnatum
                
                 ,
                 upon
                 the
                 Statute
                 of
                 2
                 
                   R.
                   2.
                   c.
                
                 5.
                 for
                 this
                 Slander
                 ,
                 in
                 charging
                 him
                 with
                 Forgery
                 .
                 Keble
                 ,
                 of
                 Council
                 for
                 the
                 Lord
                 B.
                 admits
                 ,
                 that
                 at
                 the
                 Common
                 Law
                 no
                 Action
                 did
                 lie
                 for
                 this
                 Slander
                 ,
                 it
                 being
                 in
                 a
                 course
                 of
                 Legal
                 Proceeding
                 .
              
               
                 But
                 Keble
                 was
                 of
                 Opinion
                 ,
                 that
                 this
                 Statute
                 of
                 2
                 R.
                 2.
                 did
                 give
                 the
                 Action
                 in
                 such
                 a
                 Case
                 ,
                 though
                 it
                 were
                 a
                 Slander
                 occasioned
                 by
                 a
                 Suit.
                 
              
               
                 But
                 by
                 Brian
                 and
                 the
                 rest
                 of
                 the
                 Court
                 ,
                 the
                 Action
                 
                   De
                   Scand
                   .
                   Magnatum
                
                 ,
                 did
                 not
                 lie
                 for
                 such
                 a
                 Slander
                 ,
                 though
                 the
                 Matter
                 of
                 it
                 were
                 false
                 ,
                 because
                 it
                 is
                 in
                 prosecution
                 of
                 a
                 lawful
                 Suit.
                 
              
               
                 With
                 this
                 agrees
                 Boulton
                 and
                 Clapham's
                 Case
                 in
                 Justice
                 Jone's
                 Rep.
                 431.
                 and
                 Weston's
                 Case
                 ,
                 
                   Crok
                   ,
                
                 .
                 432.
                 
              
               
                 Sir
                 
                   E.
                   C.
                
                 puts
                 the
                 Difference
                 in
                 his
                 2
                 
                   d.
                   Inst.
                
                 before
                 cited
                 .
              
               
                 If
                 a
                 man
                 prefer
                 
                   a
                   Bill
                   in
                   the
                   Star-Chamber
                
                 against
                 a
                 great
                 Peer
                 ,
                 
                 and
                 charge
                 him
                 with
                 
                   Forgery
                   or
                   Perjury
                
                 ,
                 no
                 Action
                 
                   De
                   Scand
                   .
                   Magnat
                
                 .
                 lies
                 ,
                 it
                 being
                 in
                 a
                 legal
                 Proceeding
                 ,
                 and
                 in
                 a
                 Matter
                 wherein
                 that
                 Court
                 had
                 a
                 Jurisdiction
                 .
              
               
                 But
                 if
                 in
                 such
                 a
                 Bill
                 in
                 the
                 Star-Chamber
                 a
                 
                   Peer
                   be
                   accused
                   for
                   Felony
                
                 (
                 which
                 that
                 Court
                 hath
                 nothing
                 to
                 do
                 with
                 ,
                 nor
                 no
                 Jurisdiction
                 in
                 )
                 this
                 (
                 says
                 Sir
                 
                   E.
                   C.
                
                 )
                 has
                 not
                 the
                 face
                 of
                 a
                 Legal
                 Proceeding
                 ,
                 and
                 shall
                 not
                 excuse
                 a
                 man
                 in
                 an
                 Action
                 
                   De
                   Scand
                   .
                   Magn.
                
                 Sir
                 Buckley's
                 
                   Case
                   .
                   4
                   Rep.
                   14.
                   
                   Cro.
                   Eliz.
                   230.
                   the
                   same
                   Case
                   .
                
                 Yet
                 where
                 there
                 is
                 but
                 a
                 Mistake
                 of
                 the
                 Jurisdiction
                 ,
                 if
                 the
                 Suit
                 be
                 once
                 well
                 commenc'd
                 ,
                 some
                 little
                 Irregularities
                 in
                 the
                 Proceedings
                 shall
                 not
                 expose
                 them
                 to
                 the
                 Action
                 
                   De
                   Scand
                   .
                   Magn.
                
                 As
                 ,
              
               
               
                 If
                 a
                 man
                 bring
                 an
                 Appeal
                 of
                 Murder
                 ,
                 and
                 through
                 the
                 ignorance
                 of
                 the
                 Party
                 ,
                 or
                 his
                 Clerk
                 ,
                 or
                 Attorney
                 ,
                 it
                 is
                 made
                 returnable
                 in
                 the
                 
                   Com.
                   Pl.
                
                 where
                 they
                 have
                 no
                 Jurisdiction
                 in
                 it
                 :
                 yet
                 no
                 Action
                 
                   De
                   Scand
                   .
                   Magn.
                
                 lies
                 for
                 this
                 ,
                 the
                 Suit
                 being
                 well
                 begun
                 ,
                 and
                 it
                 being
                 in
                 the
                 Nature
                 of
                 a
                 Lawful
                 Suit.
                 So
                 says
                 Sir
                 
                   E.
                   C.
                
                 
              
            
             
               
                 In
                 the
                 Case
                 of
                 a
                 Councellor
                 pleading
                 for
                 his
                 Client
                 .
                 
              
               
                 He
                 likewise
                 in
                 what
                 he
                 affirms
                 or
                 pleads
                 for
                 his
                 Client
                 ,
                 if
                 it
                 be
                 pertinent
                 to
                 the
                 Matter
                 of
                 the
                 Suit
                 ,
                 and
                 he
                 has
                 it
                 by
                 instruction
                 from
                 his
                 Client
                 ,
                 he
                 shall
                 be
                 protected
                 against
                 an
                 Action
                 of
                 Slander
                 for
                 it
                 .
                 This
                 is
                 a
                 Point
                 that
                 may
                 concern
                 many
                 of
                 us
                 .
              
               
                 It
                 was
                 the
                 Case
                 of
                 Sir
                 
                   Hen.
                   Mountagu
                
                 Recorder
                 of
                 London
                 ,
                 M.
                 3
                 
                   .
                   Cro.
                   fo
                
                 .
                 90.
                 in
                 
                   B.
                   R.
                
                 
              
               
                 
                   Ral.
                   Brook
                
                 brought
                 an
                 Action
                 upon
                 the
                 Case
                 for
                 Slander
                 against
                 Sir
                 
                   H.
                   M.
                
                 for
                 saying
                 of
                 the
                 Pl.
                 Brook
                 ,
                 that
                 he
                 had
                 committed
                 Felony
                 .
              
               
                 Sir
                 
                   H.
                   M.
                
                 pleaded
                 specially
                 to
                 the
                 Action
                 ,
                 That
                 he
                 was
                 a
                 Councellor
                 at
                 Law
                 ,
                 and
                 was
                 retained
                 against
                 the
                 Pl.
                 Brook
                 ,
                 and
                 at
                 the
                 Trial
                 in
                 giving
                 of
                 Evidence
                 to
                 the
                 Jury
                 ,
                 he
                 did
                 indeed
                 speak
                 those
                 Words
                 ;
                 but
                 averr'd
                 that
                 they
                 were
                 pertinent
                 to
                 the
                 Matter
                 ,
                 and
                 were
                 part
                 of
                 his
                 Instruction
                 .
                 It
                 was
                 resolv'd
                 upon
                 a
                 Demurrer
                 ,
                 That
                 the
                 Plea
                 was
                 good
                 ,
                 the
                 Words
                 being
                 pertinent
                 ,
                 though
                 they
                 were
                 false
                 .
                 And
                 there
                 is
                 a
                 further
                 Reason
                 given
                 by
                 the
                 Court
                 in
                 that
                 Case
                 ,
                 viz.
                 The
                 Words
                 appear
                 not
                 to
                 be
                 spoken
                 out
                 of
                 Malice
                 :
                 And
                 no
                 Actions
                 of
                 this
                 sort
                 ,
                 nor
                 will
                 any
                 Indictment
                 of
                 this
                 Nature
                 lie
                 ,
                 unless
                 there
                 be
                 Malice
                 in
                 the
                 Defendant
                 ;
                 and
                 where
                 there
                 is
                 any
                 justifiable
                 occasion
                 of
                 speaking
                 words
                 that
                 a
                 man
                 in
                 discharge
                 of
                 his
                 Function
                 or
                 Calling
                 is
                 led
                 by
                 the
                 Subject-Matter
                 of
                 Discourse
                 ,
                 as
                 a
                 Preacher
                 ,
                 or
                 Pleader
                 ,
                 or
                 the
                 like
                 ,
                 to
                 speak
                 words
                 in
                 such
                 Case
                 ;
                 it
                 shall
                 be
                 presumed
                 they
                 were
                 not
                 spoken
                 out
                 of
                 Malice
                 .
              
            
             
               
                 In
                 the
                 Case
                 of
                 an
                 Attorney
                 .
                 
              
               
                 Sir
                 
                   E.
                   C.
                
                 in
                 his
                 
                   2d
                   .
                   Instit.
                
                 in
                 his
                 Exposition
                 of
                 the
                 Stat.
                 of
                 
                   Articuli
                   super
                   Chartas
                
                 ,
                 28E
                 .
                 1.
                 c.
                 10.
                 tells
                 us
                 ,
                 That
                 in
                 the
                 very
                 next
                 year
                 after
                 the
                 making
                 of
                 that
                 Stat.
                 
                   viz.
                   29
                   E.
                   I.
                   Will.
                   de
                   Weston
                
                 brought
                 an
                 
                   Action
                   of
                   Conspiracy
                
                 in
                 the
                 
                   Kings
                   Bench
                
                 ,
                 against
                 William
                 of
                 Hempswell
                 ,
                 Parson
                 of
                 Newton
                 ,
                 and
                 John
                 of
                 Malden
                 ,
                 Parson
                 of
                 Askerby
                 ,
                 for
                 
                   causing
                   the
                   Plaintiff
                   to
                   be
                   cited
                   before
                   the
                   Arch-Deacon
                   of
                
                 Linc.
                 
                   for
                   a
                   Trespass
                   ,
                   whereof
                   he
                   had
                   been
                   acquitted
                   in
                   the
                
                 King
                 's
                 Court.
                 John
                 of
                 Malden
                 pleaded
                 ,
                 That
                 he
                 was
                 
                   Communis
                   Advocatus
                   pro
                   suo
                   dando
                
                 ,
                 and
                 so
                 justify'd
                 as
                 
                   an
                   Attorney
                
                 ;
                 and
                 it
                 was
                 found
                 the
                 Parson
                 was
                 
                   Communis
                   Advocatus
                
                 ,
                 and
                 so
                 not
                 guilty
                 of
                 the
                 Conspiracy
                 .
              
               
                 In
                 the
                 Case
                 of
                 a
                 Witness
                 :
                 For
                 what
                 he
                 says
                 as
                 a
                 Witness
                 ,
                 
                 or
                 for
                 what
                 is
                 said
                 against
                 him
                 ,
                 to
                 disable
                 him
                 from
                 being
                 a
                 Witness
                 ,
                 or
                 to
                 take
                 off
                 his
                 Credit
                 ,
                 no
                 Action
                 of
                 Slander
                 will
                 lie
                 .
              
               
               
                 35
                 H.
                 6.
                 14.
                 
                 In
                 an
                 Action
                 of
                 Conspiracy
                 ,
                 one
                 of
                 the
                 Defendants
                 justify'd
                 as
                 being
                 a
                 Witness
                 ,
                 to
                 the
                 Jury
                 .
              
               
                 
                   Crok
                   ..
                
                 432.
                 
                 In
                 the
                 
                   King's
                   Bench
                   ,
                   Weston
                
                 against
                 Dobneet
                 ,
                 in
                 an
                 Action
                 for
                 Slander
                 .
                 There
                 was
                 a
                 Suit
                 in
                 the
                 
                   Spiritual
                   Court
                
                 ,
                 and
                 the
                 Plaintiff
                 that
                 brought
                 the
                 Action
                 of
                 Slander
                 ,
                 was
                 produced
                 as
                 a
                 Witness
                 in
                 that
                 Cause
                 ,
                 and
                 the
                 Defendant
                 in
                 that
                 Suit
                 in
                 the
                 
                   Spiritual
                   Court
                
                 ,
                 put
                 in
                 Exceptions
                 against
                 him
                 ,
                 That
                 he
                 had
                 been
                 perjur'd
                 ,
                 and
                 therefore
                 ought
                 not
                 to
                 be
                 used
                 as
                 a
                 Witness
                 .
                 Thereupon
                 ,
                 Weston
                 the
                 Witness
                 ,
                 brought
                 this
                 Action
                 for
                 that
                 Slander
                 .
                 And
                 after
                 Arguments
                 ,
                 the
                 whole
                 Court
                 held
                 ,
                 that
                 the
                 Action
                 of
                 Slander
                 did
                 not
                 lie
                 for
                 this
                 manner
                 of
                 Slander
                 ,
                 because
                 it
                 was
                 in
                 a
                 course
                 of
                 Justice
                 ,
                 and
                 not
                 
                   ex
                   Malicia
                
                 .
              
               
                 In
                 a
                 Writ
                 of
                 Conspiracy
                 .
                 
                 One
                 of
                 the
                 Defendants
                 pleaded
                 ,
                 that
                 he
                 was
                 one
                 of
                 the
                 Indictors
                 .
                 Judgment
                 ,
                 
                   si
                   Actio
                
                 .
                 And
                 the
                 Plea
                 is
                 allow'd
                 .
                 20
                 H.
                 6
                 ,
                 5.
                 
                 &
                 33.
                 
              
               
                 Nay
                 though
                 it
                 be
                 not
                 in
                 a
                 course
                 of
                 Justice
                 ,
                 
                 in
                 a
                 Suit
                 of
                 Law
                 ,
                 yet
                 if
                 a
                 man
                 be
                 
                   in
                   the
                   doing
                   of
                   his
                   Duty
                   ,
                
                 and
                 in
                 
                   discharge
                   of
                   his
                   Function
                   and
                   his
                   lawful
                   Calling
                   ,
                
                 and
                 in
                 discoursing
                 of
                 a
                 Subject
                 proper
                 for
                 his
                 Function
                 ,
                 and
                 enforcing
                 of
                 every
                 mans
                 duty
                 of
                 avoiding
                 of
                 any
                 Sin
                 ,
                 and
                 in
                 pursuit
                 of
                 it
                 ,
                 tells
                 a
                 Story
                 which
                 he
                 takes
                 up
                 upon
                 trust
                 ,
                 and
                 does
                 not
                 know
                 it
                 to
                 be
                 false
                 ,
                 and
                 it
                 prove
                 at
                 last
                 to
                 be
                 utterly
                 untrue
                 ,
                 and
                 an
                 innocent
                 person
                 is
                 highly
                 slandered
                 by
                 it
                 ,
                 yet
                 he
                 shall
                 not
                 be
                 subject
                 to
                 an
                 Action
                 of
                 Slander
                 for
                 it
                 .
                 The
                 occasion
                 of
                 speaking
                 shall
                 clear
                 him
                 from
                 the
                 Malice
                 ,
                 without
                 which
                 the
                 Action
                 will
                 not
                 lie
                 .
              
               
                 In
                 the
                 
                   Book
                   of
                   Martyrs
                
                 ,
                 written
                 by
                 Fox
                 ,
                 there
                 is
                 a
                 Story
                 of
                 one
                 Greenwood
                 ,
                 who
                 lived
                 in
                 Suffolk
                 ,
                 that
                 he
                 had
                 perjur'd
                 himself
                 before
                 the
                 Bishop
                 of
                 Norwich
                 ,
                 in
                 testifying
                 against
                 a
                 Martyr
                 that
                 was
                 burnt
                 in
                 Queen
                 Mary's
                 time
                 ;
                 and
                 says
                 (
                 Fox
                 )
                 this
                 Greenwood
                 afterwards
                 ,
                 by
                 the
                 just
                 judgment
                 of
                 God
                 ,
                 had
                 his
                 Bowels
                 rotted
                 in
                 him
                 ,
                 and
                 so
                 he
                 died
                 .
              
               
                 This
                 Story
                 by
                 Fox
                 in
                 his
                 
                   Book
                   of
                   Martyrs
                
                 ,
                 was
                 utterly
                 false
                 of
                 Mr.
                 Greenwood
                 ,
                 and
                 after
                 the
                 Printing
                 of
                 that
                 
                   Book
                   of
                   Martyrs
                
                 ,
                 Mr.
                 Greenwood
                 was
                 living
                 in
                 that
                 very
                 same
                 Parish
                 .
              
               
                 One
                 Prist
                 ,
                 a
                 Parson
                 ,
                 happen'd
                 to
                 be
                 Presented
                 to
                 the
                 Living
                 of
                 that
                 Parish
                 where
                 this
                 Mr.
                 Greenwood
                 then
                 dwelt
                 ;
                 and
                 27.
                 
                 Eliz.
                 in
                 one
                 of
                 his
                 first
                 Sermons
                 ,
                 happen'd
                 to
                 inveigh
                 against
                 the
                 Sin
                 of
                 Perjury
                 ;
                 to
                 which
                 his
                 Text
                 did
                 lead
                 him
                 ;
                 and
                 the
                 better
                 to
                 deter
                 the
                 People
                 from
                 the
                 Sin
                 of
                 Perjury
                 ,
                 he
                 told
                 this
                 Story
                 out
                 of
                 Fox's
                 
                   Book
                   of
                   Martyrs
                
                 ,
                 and
                 named
                 the
                 very
                 Man
                 Mr.
                 Greenwood
                 ;
                 and
                 Mr.
                 Greenwood
                 himself
                 was
                 then
                 in
                 the
                 Church
                 ,
                 and
                 heard
                 this
                 Story
                 told
                 of
                 himself
                 ,
                 but
                 the
                 Preacher
                 knew
                 it
                 not
                 ,
                 but
                 thought
                 the
                 Story
                 to
                 be
                 true
                 .
                 Greenwood
                 brings
                 an
                 Action
                 of
                 Slander
                 against
                 Prist
                 the
                 Preacher
                 ;
                 and
                 upon
                 the
                 Trial
                 of
                 the
                 Cause
                 before
                 the
                 
                   Lord
                   Chief
                   Justice
                   Wray
                
                 ,
                 the
                 Case
                 appearing
                 to
                 be
                 thus
                 ,
                 he
                 directed
                 the
                 Jury
                 to
                 find
                 for
                 the
                 Defendant
                 ,
                 for
                 that
                 it
                 appear'd
                 it
                 was
                 not
                 done
                 out
                 of
                 Malice
                 :
                 And
                 
                   Ch.
                   I.
                   Popham
                
                 affirm'd
                 it
                 to
                 be
                 good
                 Law
                 ,
                 it
                 being
                 a
                 Matter
                 deliver'd
                 
                   after
                   his
                   occasion
                   ,
                   as
                   Matter
                   of
                   Story
                   .
                
              
               
               
                 This
                 Case
                 is
                 cited
                 by
                 Sir
                 
                   E.
                   C.
                
                 in
                 Sir
                 
                   Henry
                   Mountagu's
                
                 Case
                 ,
                 before
                 mentioned
                 .
                 
                   Crook
                   ..
                
                 f.
                 .
                 90.
                 
              
               
                 With
                 this
                 agrees
                 the
                 Case
                 of
                 the
                 Lord
                 Cromwel
                 ,
                 against
                 Denny
                 a
                 Vicar
                 ,
                 4
                 
                   Rep.
                   13.
                   b.
                
                 in
                 an
                 Action
                 
                   de
                   Scand
                   .
                   Magn.
                
                 
              
               
                 There
                 is
                 a
                 Case
                 in
                 many
                 Circumstances
                 of
                 it
                 much
                 resembling
                 our
                 Case
                 .
              
               
                 It
                 was
                 the
                 Case
                 between
                 Smith
                 and
                 Crashaw
                 ,
                 and
                 others
                 
                   M.
                   20
                
                 .
                 in
                 the
                 
                   Kings
                   Bench
                
                 ,
                 in
                 Sir
                 Palmer's
                 Rep.
                 315.
                 
              
               
                 An
                 Action
                 upon
                 the
                 Case
                 is
                 there
                 brought
                 against
                 the
                 Defendants
                 ,
                 for
                 maliciously
                 causing
                 the
                 Plaintiff
                 to
                 be
                 indicted
                 of
                 Treason
                 ;
                 upon
                 which
                 Indictment
                 the
                 Grand
                 Jury
                 found
                 an
                 Ignoramus
                 .
              
               
                 To
                 this
                 Action
                 the
                 Defendants
                 pleaded
                 Not
                 Guilty
                 ,
                 and
                 were
                 found
                 Guilty
                 .
              
               
                 It
                 was
                 moved
                 in
                 Arrest
                 of
                 Judgment
                 ;
                 That
                 to
                 accuse
                 one
                 for
                 Treason
                 was
                 not
                 Actionable
                 ,
                 for
                 the
                 Safety
                 of
                 the
                 King
                 and
                 State
                 :
                 For
                 if
                 a
                 Man
                 be
                 subject
                 to
                 an
                 Action
                 for
                 it
                 ,
                 it
                 will
                 be
                 a
                 means
                 that
                 Treason
                 shall
                 be
                 smothered
                 ,
                 and
                 Men
                 will
                 not
                 expose
                 themselves
                 to
                 Actions
                 ,
                 by
                 making
                 such
                 Discoveries
                 .
              
               
                 
                   J.
                   Houghton
                
                 held
                 the
                 Action
                 would
                 not
                 lie
                 upon
                 an
                 Ignoramus
                 found
                 ;
                 for
                 by
                 that
                 the
                 Party
                 is
                 not
                 acquitted
                 ,
                 but
                 may
                 be
                 Indicted
                 again
                 and
                 Convicted
                 .
              
               
                 But
                 he
                 holds
                 ,
                 That
                 if
                 he
                 be
                 Indicted
                 ,
                 and
                 upon
                 Trial
                 
                   Legitimo
                   modo
                   acquietatus
                
                 ,
                 then
                 he
                 shall
                 have
                 an
                 Action
                 upon
                 the
                 Case
                 ,
                 in
                 Nature
                 of
                 a
                 Conspirary
                 ;
                 for
                 now
                 he
                 is
                 absolutely
                 acquitted
                 and
                 cleared
                 of
                 the
                 Accusation
                 ,
                 and
                 never
                 can
                 be
                 Indicted
                 again
                 for
                 that
                 particular
                 Fact.
                 
              
               
                 Dodderidge
                 agrees
                 with
                 Houghton
                 ,
                 and
                 puts
                 this
                 Case
                 ;
              
               
                 If
                 an
                 Action
                 of
                 Conspiracy
                 be
                 brought
                 against
                 a
                 Man
                 ,
                 For
                 Indicting
                 the
                 Plaintiff
                 of
                 Treason
                 ,
                 
                   The
                   Defendant
                   may
                   Plead
                
                 Specially
                 (
                 and
                 that
                 is
                 the
                 safest
                 way
                 of
                 Pleading
                 )
                 
                   That
                   he
                   heard
                   the
                   Plaintiff
                   speak
                   such
                   and
                   such
                   Treasonable
                   Words
                   ,
                   and
                   that
                   he
                   thereupon
                   complained
                   to
                   a
                   Justice
                   of
                   Peace
                   ,
                
                 who
                 committed
                 the
                 Plaintiff
                 upon
                 it
                 ,
                 and
                 this
                 (
                 says
                 he
                 )
                 shall
                 excuse
                 him
                 .
              
               
                 Ley
                 ,
                 Chief
                 Justice
                 ,
                 inclines
                 too
                 against
                 the
                 Action
                 ,
                 and
                 gives
                 a
                 strong
                 Reason
                 ,
                 Because
                 (
                 says
                 he
                 )
                 it
                 is
                 Misprision
                 to
                 Conceal
                 it
                 ;
                 and
                 yet
                 if
                 we
                 allow
                 of
                 this
                 Action
                 ,
                 it
                 shall
                 be
                 Dangerous
                 too
                 to
                 discover
                 it
                 ,
                 so
                 that
                 the
                 Defendant
                 does
                 
                   Lupum
                   auribus
                   tenere
                
                 .
              
               
                 And
                 so
                 the
                 Judgment
                 was
                 arrested
                 .
              
               
                 But
                 we
                 find
                 ,
                 that
                 soon
                 after
                 ,
                 when
                 the
                 Judges
                 of
                 that
                 Court
                 were
                 chang'd
                 ,
                 the
                 same
                 Plaintiff
                 brought
                 a
                 new
                 Action
                 for
                 the
                 same
                 Cause
                 :
                 And
                 it
                 was
                 adjudged
                 for
                 the
                 Plaintiff
                 ,
                 That
                 the
                 Action
                 would
                 lie
                 ;
                 but
                 the
                 Judges
                 acknowledged
                 it
                 was
                 the
                 first
                 Precedent
                 .
                 I
                 suppose
                 it
                 was
                 upon
                 pleading
                 Not
                 Guilty
                 .
                 Perhaps
                 the
                 Court
                 might
                 have
                 been
                 of
                 another
                 Opinion
                 ,
                 had
                 the
                 Defendant
                 pleaded
                 specially
                 ,
                 and
                 justified
                 ,
                 according
                 to
                 the
                 Opinion
                 of
                 Judge
                 Dodderidge
                 .
                 The
                 Case
                 is
                 
                   Cro.
                   Car.
                   15
                   &
                   Latch
                
                 .
                 79.
                 
              
               
                 The
                 allowing
                 of
                 such
                 Actions
                 of
                 Conspiracy
                 ,
                 or
                 upon
                 the
                 Case
                 ,
                 or
                 of
                 Indictments
                 or
                 Informations
                 for
                 what
                 is
                 said
                 or
                 done
                 in
                 a
                 Course
                 of
                 Justice
                 ,
                 and
                 especially
                 by
                 way
                 of
                 Discovery
                 of
                 Treasons
                 ,
                 would
                 prove
                 of
                 a
                 mischievous
                 Consequence
                 ;
              
               
               
                 And
                 would
                 be
                 an
                 occasion
                 of
                 multiplying
                 Actions
                 against
                 the
                 Parties
                 to
                 the
                 Suits
                 ,
                 against
                 Councel
                 ,
                 the
                 Attorneys
                 ,
                 the
                 Witnesses
                 ;
                 and
                 so
                 Suits
                 would
                 be
                 infinite
                 .
              
               
                 As
                 in
                 this
                 present
                 Case
                 ,
                 Should
                 an
                 Action
                 be
                 adjudg'd
                 to
                 lie
                 against
                 the
                 Defendant
                 for
                 what
                 he
                 has
                 acted
                 by
                 Authority
                 of
                 Parliament
                 ,
                 what
                 a
                 multitude
                 of
                 Actions
                 would
                 be
                 stirred
                 up
                 by
                 it
                 ?
              
               
                 If
                 the
                 Speaker
                 be
                 liable
                 to
                 this
                 Information
                 for
                 what
                 he
                 has
                 done
                 ;
                 by
                 the
                 same
                 Reason
                 he
                 would
                 be
                 liable
                 to
                 the
                 Actions
                 of
                 the
                 several
                 great
                 Persons
                 that
                 are
                 said
                 to
                 be
                 defamed
                 by
                 the
                 Printing
                 of
                 Dangerfields
                 Narrative
                 .
              
               
                 And
                 if
                 the
                 Speaker
                 be
                 liable
                 ,
                 who
                 acted
                 but
                 by
                 Command
                 of
                 others
                 ,
                 and
                 as
                 their
                 Minister
                 ,
                 how
                 much
                 more
                 would
                 all
                 those
                 Persons
                 be
                 ilable
                 ,
                 by
                 whose
                 Command
                 he
                 so
                 acted
                 ?
              
               
                 And
                 how
                 many
                 Narratives
                 have
                 there
                 been
                 printed
                 ,
                 wherein
                 several
                 great
                 Persons
                 were
                 severely
                 reflected
                 on
                 ,
                 and
                 how
                 many
                 Votes
                 of
                 the
                 like
                 Nature
                 have
                 there
                 been
                 Printed
                 ?
              
               
                 So
                 that
                 there
                 would
                 arise
                 a
                 Multitude
                 of
                 Suits
                 .
              
               
                 In
                 Sir
                 
                   Drue
                   Druries
                
                 Case
                 ,
                 6.
                 
                 Rep.
                 74.
                 
                 The
                 Justices
                 in
                 judging
                 of
                 that
                 Case
                 ,
                 give
                 a
                 very
                 good
                 Rule
                 and
                 Caution
                 :
                 They
                 say
                 ,
                 That
                 Judges
                 ought
                 to
                 have
                 good
                 Consideration
                 in
                 all
                 Cases
                 depending
                 before
                 them
                 ,
                 not
                 only
                 of
                 the
                 present
                 Cases
                 ,
                 but
                 also
                 of
                 the
                 Consequences
                 ,
                 What
                 general
                 Prejudice
                 may
                 ensue
                 upon
                 them
                 either
                 to
                 the
                 King
                 or
                 Subject
                 .
              
               
                 The
                 Case
                 before
                 you
                 exceedingly
                 requires
                 that
                 Consideration
              
               
                 The
                 Prejudice
                 to
                 the
                 King
                 will
                 be
                 ,
                 that
                 he
                 will
                 not
                 be
                 Safe
                 ,
                 for
                 by
                 this
                 means
                 Men
                 will
                 be
                 discouraged
                 from
                 discovering
                 Treasons
                 .
              
               
                 The
                 Subjects
                 will
                 receive
                 Prejudice
                 ,
                 by
                 the
                 multitude
                 of
                 Suits
                 that
                 will
                 arise
                 by
                 it
                 .
              
               
                 This
                 mas
                 suffice
                 to
                 be
                 said
                 in
                 maintaining
                 the
                 first
                 Proposition
                 ,
                 That
                 no
                 Information
                 or
                 Action
                 lies
                 for
                 what
                 is
                 said
                 or
                 done
                 in
                 a
                 Course
                 of
                 Justice
                 .
              
               
                 The
                 Minor
                 Proposition
                 is
                 ,
                 
                 That
                 what
                 is
                 here
                 done
                 by
                 the
                 Defendant
                 ,
                 in
                 this
                 Case
                 ,
                 was
                 done
                 in
                 a
                 Course
                 of
                 Justice
                 ,
                 and
                 in
                 a
                 Legal
                 Proceeding
                 ,
                 and
                 that
                 in
                 the
                 highest
                 Court
                 of
                 the
                 Nation
                 ,
                 (
                 in
                 the
                 Court
                 of
                 Parliament
                 )
                 and
                 done
                 according
                 to
                 the
                 Law
                 and
                 Custom
                 of
                 Parliament
                 .
                 This
                 I
                 must
                 make
                 out
                 in
                 the
                 next
                 Place
                 .
              
               
                 In
                 the
                 making
                 this
                 out
                 ,
                 I
                 am
                 under
                 a
                 Necessity
                 of
                 speaking
                 of
                 the
                 transcendent
                 Power
                 of
                 the
                 High
                 Court
                 of
                 Parliament
                 ,
                 and
                 I
                 must
                 assert
                 these
                 Positions
                 following
                 .
              
               
                 1.
                 
                 That
                 the
                 House
                 of
                 Commons
                 was
                 originally
                 ,
                 and
                 from
                 the
                 first
                 Constitution
                 of
                 the
                 Nation
                 ,
                 the
                 Representative
                 of
                 one
                 of
                 the
                 three
                 Estates
                 of
                 the
                 Realm
                 ,
                 and
                 a
                 part
                 of
                 the
                 Parliament
                 .
              
               
                 2.
                 
                 That
                 what
                 is
                 done
                 by
                 either
                 House
                 ,
                 according
                 to
                 the
                 Law
                 and
                 Usage
                 of
                 Parliament
                 ,
                 is
                 properly
                 ,
                 and
                 in
                 the
                 Judgment
                 of
                 
                 Law
                 ,
                 the
                 Act
                 of
                 the
                 whole
                 Parliament
                 :
                 And
                 that
                 what
                 concerns
                 the
                 One
                 ,
                 must
                 of
                 necessity
                 concern
                 the
                 Whole
                 ;
                 not
                 meerly
                 by
                 Consequence
                 ,
                 but
                 by
                 an
                 immediate
                 Concernment
                 ,
                 as
                 being
                 One
                 ,
                 and
                 Entire
                 .
              
               
                 3.
                 
                 That
                 what
                 hath
                 been
                 acted
                 in
                 our
                 present
                 Case
                 ,
                 by
                 the
                 Defendant
                 ,
                 as
                 Speaker
                 ,
                 and
                 by
                 the
                 House
                 of
                 Commons
                 ,
                 whose
                 Minister
                 he
                 was
                 ,
                 and
                 by
                 whose
                 Command
                 and
                 Order
                 he
                 did
                 What
                 he
                 did
                 ,
                 was
                 done
                 according
                 to
                 the
                 Law
                 ,
                 and
                 Usage
                 of
                 Parliament
                 .
              
               
                 As
                 to
                 the
                 first
                 ,
                 
                 That
                 the
                 House
                 of
                 Commons
                 was
                 from
                 the
                 first
                 Constitution
                 of
                 this
                 Kingdom
                 ,
                 a
                 part
                 of
                 the
                 Parliament
                 .
              
               
                 There
                 has
                 been
                 an
                 Opinion
                 ,
                 that
                 hath
                 been
                 stifly
                 maintained
                 by
                 some
                 Divines
                 ,
                 and
                 others
                 of
                 late
                 ,
              
               
                 That
                 the
                 House
                 of
                 Commons
                 originally
                 were
                 no
                 part
                 of
                 the
                 Parliament
                 ,
                 at
                 least
                 not
                 as
                 now
                 elected
                 ,
                 and
                 consisting
                 of
                 Knights
                 ,
                 Citizens
                 and
                 Burgesses
                 ;
                 but
                 that
                 their
                 Beginning
                 was
                 in
                 the
                 forty
                 ninth
                 Year
                 of
                 King
                 Henry
                 3.
                 when
                 that
                 King
                 had
                 given
                 a
                 total
                 overthrow
                 at
                 the
                 Battle
                 of
                 Evesham
                 ,
                 to
                 
                   Symon
                   Montford
                
                 Earl
                 of
                 Leicester
                 and
                 the
                 Barons
                 .
              
               
                 And
                 that
                 to
                 ballance
                 the
                 Power
                 of
                 the
                 Barons
                 ,
                 that
                 King
                 caused
                 the
                 Knights
                 ,
                 Citizens
                 and
                 Burgesses
                 to
                 be
                 chosen
                 ,
                 and
                 to
                 make
                 a
                 Part
                 of
                 the
                 Parliament
                 .
              
               
                 And
                 from
                 hence
                 some
                 Unquiet
                 Innovating
                 Writers
                 ,
                 
                 
                   quorum
                   res
                   ,
                   &
                   spes
                   ex
                   adulatione
                   pendent
                
                 ;
                 and
                 who
                 would
                 destroy
                 Foundations
                 ,
                 and
                 remove
                 our
                 Ancient
                 Land-marks
                 ,
                 and
                 the
                 Ancient
                 and
                 Just
                 Limits
                 and
                 Boundaries
                 of
                 Power
                 and
                 Authority
                 ;
                 
                 Persons
                 of
                 necessitous
                 Estates
                 ,
                 
                 or
                 of
                 greedy
                 and
                 ambitious
                 Appetites
                 ,
                 which
                 drive
                 them
                 upon
                 devising
                 how
                 to
                 do
                 some
                 acceptable
                 Service
                 to
                 those
                 that
                 maintain
                 them
                 :
                 Or
                 at
                 the
                 best
                 out
                 of
                 unsetled
                 Judgments
                 ,
                 and
                 too
                 much
                 Zeal
                 ,
                 which
                 carries
                 them
                 to
                 a
                 contrary
                 extream
                 .
                 
                 These
                 Men
                 conclude
                 ,
                 That
                 therefore
                 all
                 the
                 Power
                 and
                 Priviledge
                 the
                 House
                 of
                 Commons
                 claims
                 ,
                 is
                 not
                 by
                 Prescription
                 ,
                 but
                 that
                 they
                 depend
                 upon
                 the
                 King
                 's
                 Royal
                 Will
                 and
                 Pleasure
                 ,
                 and
                 had
                 their
                 Original
                 by
                 his
                 meer
                 Concession
                 ,
                 and
                 not
                 by
                 Ancient
                 Inherent
                 Right
                 ,
                 nor
                 Original
                 Constitution
                 ,
                 and
                 therefore
                 may
                 be
                 resumed
                 at
                 Pleasure
                 .
              
               
                 It
                 was
                 one
                 of
                 the
                 Articles
                 against
                 Dr.
                 Manwaring
                 ,
                 
                 in
                 the
                 Parliament
                 3
                 Car.
                 1.
                 for
                 which
                 he
                 was
                 Impeached
                 by
                 the
                 Commons
                 ,
                 and
                 Sentenced
                 by
                 the
                 Lords
                 in
                 Parliament
                 ;
              
               
                 That
                 to
                 Subvert
                 ,
                 
                 Scandalize
                 and
                 Impeach
                 the
                 good
                 Laws
                 and
                 Government
                 of
                 this
                 Realm
                 ,
                 and
                 the
                 Authority
                 of
                 the
                 High
                 Court
                 of
                 Parliament
                 ,
                 
                   and
                   to
                   avert
                   his
                   Majesties
                
                 Mind
                 from
                 calling
                 of
                 Parliaments
                 ,
                 and
                 to
                 alienate
                 his
                 Royal
                 Heart
                 from
                 his
                 People
                 ,
                 he
                 did
                 in
                 his
                 Sermons
                 ,
                 and
                 in
                 his
                 Books
                 printed
                 ,
                 endeavour
                 to
                 persuade
                 the
                 King
                 ,
              
               
                 That
                 his
                 Majesty
                 was
                 not
                 bound
                 to
                 observe
                 the
                 Laws
                 of
                 the
                 Realm
                 concerning
                 the
                 Rights
                 and
                 Liberties
                 of
                 the
                 Subjects
                 :
              
               
                 That
                 Authority
                 of
                 Parliament
                 was
                 not
                 necessary
                 for
                 raising
                 of
                 Aids
                 and
                 Subsidies
                 .
              
               
               
                 His
                 Sentence
                 was
                 Imprisonment
                 during
                 pleasure
                 ,
                 and
                 but
                 1000l
                 .
                 Fine
                 for
                 this
                 high
                 Offence
                 ,
                 not
                 20000l
                 ,
                 as
                 hath
                 been
                 of
                 late
                 times
                 .
              
               
                 He
                 was
                 to
                 acknowledge
                 his
                 Offences
                 ,
                 as
                 it
                 should
                 be
                 set
                 down
                 by
                 a
                 Committee
                 in
                 writing
                 at
                 the
                 Bars
                 of
                 both
                 Houses
                 .
              
               
                 He
                 was
                 suspended
                 from
                 his
                 Ministry
                 .
              
               
                 Disabled
                 to
                 preach
                 at
                 Court.
                 
              
               
                 His
                 Books
                 were
                 to
                 be
                 call'd
                 in
                 ,
                 and
                 burnt
                 in
                 London
                 and
                 both
                 the
                 Universities
                 .
              
               
                 Power
                 limited
                 by
                 Law
                 is
                 safest
                 .
                 
                   
                     
                       It
                       may
                       be
                       thought
                    
                     Potestas
                     minor
                     ,
                     sed
                     tutior
                     &
                     diuturnior
                  
                   
                     Ea
                     demum
                     tuta
                     est
                     Potentia
                     ,
                     quae
                     viribus
                     suis
                     modum
                     imponit
                     .
                  
                
              
               
                 To
                 encounter
                 these
                 new
                 and
                 upstart
                 Opinions
                 ,
                 I
                 shall
                 mention
                 an
                 Author
                 or
                 two
                 ,
                 whom
                 all
                 sober
                 men
                 reverence
                 ,
                 that
                 are
                 of
                 a
                 contrary
                 Judgment
                 to
                 these
                 new
                 Authors
                 .
                 And
                 they
                 are
                 either
                 Eminent
                 Lawyer
                 ,
                 or
                 Divines
                 .
              
               
                 And
                 I
                 am
                 the
                 more
                 encourag'd
                 to
                 do
                 it
                 ,
                 
                 because
                 His
                 Majesty
                 that
                 now
                 is
                 ,
                 hath
                 upon
                 several
                 occasions
                 been
                 pleas'd
                 graciously
                 to
                 declare
                 ,
                 That
                 he
                 holds
                 Parliaments
                 to
                 be
                 the
                 best
                 Method
                 for
                 healing
                 the
                 Distempers
                 of
                 the
                 Kingdom
                 ,
                 and
                 the
                 only
                 means
                 to
                 preserve
                 the
                 Monarchy
                 in
                 credit
                 at
                 home
                 and
                 abroad
                 ;
                 and
                 he
                 promises
                 to
                 rule
                 the
                 People
                 by
                 the
                 Law.
                 
              
               
                 Hales
                 ,
                 
                   that
                   solid
                   learned
                
                 Divine
                 ,
                 
                   in
                   his
                
                 Golden
                 Remains
                 ,
                 cites
                 Baldus
                 
                   for
                   it
                
                 :
                 Digna
                 Vox
                 est
                 Majestate
                 Regnantis
                 ,
                 Legibus
                 alligatum
                 Principem
                 se
                 prositeri
                 .
              
               
                 And
                 Learned
                 Hooker
                 ,
                 that
                 great
                 Champion
                 for
                 the
                 Discipline
                 ,
                 and
                 for
                 the
                 Rites
                 and
                 Ceremonies
                 of
                 the
                 Church
                 ,
                 in
                 his
                 
                   Eccles
                   Polity
                
                 ,
                 delivers
                 his
                 Opinion
                 quite
                 contrary
                 to
                 these
                 Time-Servers
                 .
              
               
                 Pag.
                 27.
                 
                 All
                 publick
                 Government
                 (
                 says
                 he
                 )
                 of
                 what
                 kind
                 soever
                 ,
                 seemeth
                 evidently
                 to
                 have
                 arisen
                 from
                 deliberate
                 Advice
                 ,
                 Consultation
                 and
                 Composition
                 between
                 men
                 .
                 That
                 Composition
                 signifies
                 the
                 Laws
                 .
                 And
                 ,
                 pag.
                 28.
                 he
                 says
                 further
                 ,
                 That
                 
                   the
                   Power
                   of
                   making
                   Laws
                
                 to
                 command
                 whole
                 Politick
                 Societies
                 of
                 men
                 ,
                 belongs
                 properly
                 to
                 the
                 same
                 entire
                 Societies
                 .
              
               
                 What
                 can
                 be
                 said
                 more
                 in
                 confutation
                 of
                 the
                 Book
                 that
                 goes
                 by
                 the
                 Name
                 of
                 Sir
                 
                   Rob.
                   Filmers
                
                 ?
              
               
                 The
                 Duke
                 of
                 Wittemberg
                 ,
                 at
                 the
                 Council
                 held
                 at
                 Wormes
                 ,
                 when
                 other
                 Princes
                 discours'd
                 of
                 many
                 Priviledges
                 and
                 Conveniencies
                 of
                 their
                 Lordships
                 and
                 Territories
                 ,
                 openly
                 protested
                 it
                 to
                 be
                 his
                 greatest
                 Felicity
                 ,
              
               
                 
                   That
                   he
                   could
                
                 in
                 aperto
                 Campo
                 ,
                 &
                 in
                 Sinu
                 Subditorum
                 suorum
                 dormire
                 .
              
            
             
               
                 Non
                 eget
                 Mauri
                 jaculis
                 ,
                 nec
                 arcu
                 ,
                 &c.
                 
              
               
                 I
                 shall
                 further
                 add
                 only
                 the
                 Judgment
                 of
                 one
                 or
                 two
                 of
                 our
                 most
                 Famous
                 and
                 Learned
                 Judges
                 concerning
                 this
                 Matter
                 .
              
               
               
                 Fortescu
                 ,
                 that
                 was
                 first
                 
                   Lord
                   Chief
                   Justice
                
                 ,
                 and
                 afterwards
                 
                   Lord
                   Chancellor
                
                 in
                 the
                 Reign
                 of
                 H.
                 6.
                 in
                 his
                 excellent
                 Book
                 in
                 commendation
                 of
                 the
                 Laws
                 of
                 England
                 ,
                 affirms
                 this
                 Doctrine
                 .
              
               
                 Ad
                 tutelam
                 Legis
                 ,
                 
                 Subditorum
                 ,
                 ac
                 eorum
                 Corporum
                 &
                 Bonorum
                 erectus
                 Rex
                 est
                 .
                 Et
                 ad
                 hanc
                 Potestatem
                 a
                 Populo
                 effluxam
                 ipse
                 habet
                 .
              
               
                 Sir
                 
                   E.
                   C.
                
                 in
                 his
                 12.
                 
                 Rep.
                 64.
                 delivered
                 his
                 Opinion
                 freely
                 in
                 the
                 Case
                 of
                 Prohibitions
                 ,
                 before
                 the
                 King
                 and
                 the
                 Lords
                 of
                 the
                 Council
                 ;
                 where
                 there
                 was
                 a
                 warm
                 Debate
                 between
                 the
                 Judges
                 and
                 Dr.
                 Bancroft
                 ,
                 Archbishop
                 of
                 Canterbury
                 .
                 And
                 what
                 Sir
                 
                   E.
                   C.
                
                 deliver'd
                 for
                 Law
                 ,
                 was
                 with
                 the
                 clear
                 consent
                 of
                 all
                 the
                 Justices
                 of
                 England
                 and
                 Barons
                 of
                 the
                 Exchequer
                 .
              
               
                 And
                 there
                 Sir
                 
                   E.
                   C.
                
                 says
                 ,
                 it
                 was
                 greatly
                 marvell'd
                 at
                 ,
                 that
                 the
                 Arch-Bishop
                 durst
                 inform
                 the
                 King
                 ,
                 That
                 
                   the
                   King
                   had
                   an
                   absolute
                   Power
                   and
                   Authority
                   by
                   the
                   Word
                   of
                   God
                   to
                   determine
                   what
                   Causes
                   he
                   pleas'd
                   in
                   his
                   own
                   Person
                   .
                
              
               
                 And
                 it
                 is
                 admirable
                 to
                 observe
                 with
                 what
                 a
                 true
                 and
                 honest
                 Courage
                 that
                 grave
                 Chief
                 Justice
                 Sir
                 
                   E.
                   C.
                
                 answer'd
                 the
                 King
                 himself
                 in
                 that
                 Debate
                 .
                 When
                 the
                 King
                 was
                 pleas'd
                 to
                 say
                 ,
                 It
                 was
                 Treason
                 to
                 affirm
                 ,
                 that
                 the
                 King
                 was
                 under
                 the
                 Law
                 :
                 The
                 Chief
                 Justice
                 answer'd
                 him
                 with
                 the
                 Words
                 of
                 an
                 ancient
                 Judge
                 ,
                 and
                 Author
                 of
                 our
                 Law
                 (
                 that
                 is
                 ,
                 out
                 of
                 Bracton
                 )
                 That
                 the
                 King
                 was
                 
                   Sub
                   Deo
                   &
                   Lege
                
                 .
                 And
                 Fleta
                 ,
                 another
                 of
                 our
                 ancient
                 Authors
                 in
                 our
                 Science
                 ,
                 useth
                 Words
                 to
                 the
                 same
                 effect
                 .
                 This
                 Doctrine
                 differs
                 from
                 some
                 of
                 our
                 late
                 Motto's
                 in
                 the
                 Serjeants
                 Rings
                 .
              
               
                 Tacitus
                 ,
                 in
                 his
                 Annals
                 ,
                 gives
                 this
                 excellent
                 Commendation
                 of
                 two
                 of
                 the
                 best
                 of
                 the
                 Roman
                 Emperors
                 ,
                 Nerva
                 and
                 
                   Trajan
                   :
                   Res
                   olim
                   insociabiles
                   miscuerunt
                   ,
                   Imperium
                   &
                   Libertatem
                   .
                
              
               
                 And
                 that
                 Author
                 well
                 observes
                 it
                 as
                 the
                 true
                 Case
                 and
                 Condition
                 of
                 a
                 People
                 ,
                 and
                 a
                 necessary
                 Consequence
                 ;
                 
                   Amissa
                   Virtute
                   pariter
                   ac
                   Libertate
                
                 .
              
               
                 This
                 Discourse
                 of
                 mine
                 may
                 seem
                 to
                 some
                 to
                 be
                 a
                 Digression
                 ;
                 but
                 a
                 man
                 can
                 never
                 have
                 a
                 juster
                 occasion
                 for
                 it
                 than
                 now
                 ,
                 and
                 upon
                 this
                 Argument
                 and
                 Suit
                 :
                 I
                 make
                 that
                 my
                 Apology
                 ,
                 which
                 I
                 learn
                 from
                 King
                 James
                 ,
                 (
                 His
                 Majesties
                 Royal
                 Grandfather
                 )
                 in
                 his
                 Discourse
                 of
                 the
                 Powder-Treason
                 :
                 Which
                 proves
                 it
                 the
                 more
                 seasonable
                 .
              
               
                 
                   There
                   is
                   a
                   Time
                
                 (
                 saith
                 King
                 James
                 )
                 when
                 no
                 man
                 ought
                 to
                 keep
                 silence
                 .
                 
                 It
                 hath
                 (
                 says
                 he
                 )
                 been
                 ever
                 held
                 as
                 a
                 general
                 Rule
                 in
                 all
                 well-govern'd
                 Common-wealths
                 ,
                 whether
                 Christian
                 ,
                 or
                 Ethnicks
                 ,
                 That
                 when
                 either
                 their
                 Religion
                 ,
                 or
                 their
                 King
                 ,
                 or
                 their
                 Countrey
                 was
                 in
                 any
                 extream
                 hazard
                 ,
                 no
                 good
                 Countrey-man
                 ought
                 then
                 to
                 with-hold
                 either
                 his
                 Tongue
                 or
                 his
                 Hand
                 according
                 to
                 his
                 Calling
                 or
                 Faculty
                 ,
                 from
                 aiding
                 to
                 repel
                 the
                 Injury
                 ,
                 repress
                 the
                 Violence
                 ,
                 and
                 avenge
                 the
                 Guilt
                 upon
                 the
                 Authors
                 .
              
               
               
                 To
                 support
                 the
                 Power
                 and
                 Priviledge
                 of
                 the
                 House
                 of
                 Commons
                 ,
                 as
                 being
                 an
                 essential
                 part
                 of
                 the
                 Parliament
                 ;
                 
                 it
                 is
                 absolutely
                 necessary
                 to
                 make
                 it
                 out
                 against
                 these
                 Innovators
                 ,
                 that
                 the
                 House
                 of
                 Commons
                 have
                 ever
                 been
                 a
                 part
                 of
                 the
                 Parliament
                 ,
                 and
                 that
                 they
                 were
                 long
                 before
                 49
                 H.
                 3.
                 
              
               
                 Or
                 otherwise
                 they
                 are
                 but
                 precarious
                 in
                 their
                 power
                 and
                 priviledges
                 ,
                 and
                 enjoy
                 them
                 but
                 of
                 Grace
                 .
              
               
                 Every
                 Priviledge
                 is
                 by
                 Prescription
                 ,
                 says
                 the
                 Lord
                 Dier
                 ,
                 fol.
                 60.
                 
                   a.
                   med
                
                 .
                 in
                 Trewinnard's
                 Case
                 ,
                 which
                 I
                 shall
                 have
                 occasion
                 to
                 mention
                 more
                 at
                 large
                 before
                 I
                 have
                 done
                 .
              
               
                 And
                 in
                 the
                 same
                 Dier
                 ,
                 fol.
                 70.
                 in
                 the
                 Case
                 of
                 Withers
                 and
                 Iseham
                 ,
                 it
                 is
                 held
                 ,
                 That
                 a
                 man
                 cannot
                 prescribe
                 to
                 an
                 Incident
                 or
                 Appendent
                 ,
                 nor
                 indeed
                 to
                 any
                 Power
                 or
                 Authority
                 where
                 the
                 Principal
                 Thing
                 hath
                 not
                 had
                 a
                 perpetual
                 continuance
                 .
              
               
                 Therefore
                 where
                 the
                 beginning
                 of
                 a
                 thing
                 is
                 known
                 ,
                 there
                 can
                 be
                 nothing
                 belonging
                 to
                 it
                 by
                 Prescription
                 .
              
               
                 In
                 one
                 of
                 our
                 late
                 Kings
                 Reigns
                 ,
                 
                 the
                 House
                 of
                 Commons
                 in
                 an
                 Address
                 of
                 theirs
                 ,
                 made
                 mention
                 of
                 their
                 Priviledges
                 ,
                 as
                 their
                 ancient
                 and
                 undoubted
                 Right
                 and
                 Inheritance
                 :
                 But
                 Offence
                 was
                 taken
                 at
                 it
                 ,
                 and
                 they
                 were
                 told
                 ,
                 it
                 had
                 been
                 better
                 if
                 they
                 had
                 said
                 their
                 Priviledges
                 were
                 deriv'd
                 from
                 the
                 Grace
                 and
                 Permission
                 of
                 the
                 King
                 and
                 his
                 Ancestors
                 .
              
               
                 Now
                 I
                 shall
                 clearly
                 prove
                 that
                 these
                 Powers
                 and
                 Priviledges
                 were
                 indeed
                 their
                 ancient
                 Right
                 and
                 Inheritance
                 .
                 Which
                 they
                 cannot
                 be
                 unless
                 that
                 House
                 ,
                 or
                 the
                 Commons
                 by
                 their
                 Representative
                 ,
                 have
                 been
                 ever
                 from
                 the
                 beginning
                 of
                 the
                 Governm
                 ent
                 a
                 part
                 and
                 member
                 of
                 the
                 Parliament
                 .
              
               
                 I
                 shall
                 prove
                 it
                 out
                 of
                 several
                 authentick
                 Authors
                 of
                 the
                 Law
                 ,
                 
                 Historians
                 and
                 Antiquaries
                 ,
                 and
                 by
                 a
                 multitude
                 of
                 Records
                 ,
                 and
                 by
                 divers
                 Acts
                 of
                 Parliament
                 ,
                 which
                 are
                 all
                 the
                 sorts
                 of
                 Proof
                 that
                 can
                 be
                 in
                 a
                 Question
                 of
                 this
                 Nature
                 .
              
               
                 The
                 
                   Mirrour
                   of
                   the
                   Justices
                
                 ,
                 
                 of
                 which
                 Book
                 Sir
                 E.
                 C.
                 says
                 ,
                 That
                 most
                 of
                 it
                 was
                 written
                 before
                 the
                 Conquest
                 (
                 as
                 appears
                 by
                 the
                 Book
                 it self
                 )
                 
                   Tho.
                   Horn
                
                 ,
                 a
                 Learned
                 man
                 ,
                 added
                 much
                 to
                 it
                 in
                 the
                 Reign
                 of
                 E.
                 1.
                 in
                 this
                 
                   Mirrour
                   of
                   the
                   Justices
                   ,
                   c.
                   1.
                   sect
                   .
                
                 3.
                 
                 It
                 is
                 said
                 that
                 King
                 Alfred
                 Ordain'd
                 for
                 a
                 perpetual
                 Usage
                 ,
                 That
                 twice
                 in
                 the
                 Year
                 or
                 oftner
                 ,
                 if
                 need
                 be
                 ,
                 the
                 Parliament
                 should
                 assemble
                 .
                 And
                 to
                 let
                 you
                 see
                 of
                 whom
                 that
                 Parliament
                 did
                 consist
                 ,
                 he
                 tells
                 us
                 in
                 the
                 same
                 Chapter
                 by
                 whom
                 the
                 Laws
                 were
                 then
                 made
                 .
                 It
                 is
                 (
                 says
                 he
                 )
                 among
                 other
                 things
                 ,
                 ordain'd
                 ,
                 that
                 no
                 King
                 should
                 change
                 his
                 Money
                 ,
                 nor
                 impair
                 it
                 ,
                 nor
                 inhanse
                 it
                 ,
                 nor
                 make
                 any
                 Money
                 but
                 of
                 Silver
                 ,
                 without
                 the
                 assent
                 of
                 the
                 Lords
                 and
                 
                   All
                   the
                   Commons
                
                 .
              
               
               
                 Sir
                 
                   E.
                   C.
                
                 in
                 his
                 Preface
                 to
                 the
                 
                   9th
                   .
                   Rep.
                
                 tells
                 us
                 ,
                 That
                 Tenants
                 in
                 Ancient
                 Demesn
                 ,
                 because
                 by
                 their
                 Tenure
                 they
                 were
                 bound
                 to
                 Plow
                 and
                 Husband
                 the
                 Kings
                 Demesnes
                 ,
                 before
                 the
                 Conquest
                 :
                 And
                 in
                 the
                 Conquerors
                 Time
                 ,
                 had
                 divers
                 Previledges
                 ,
                 which
                 they
                 claimed
                 by
                 Prescription
                 ;
                 and
                 among
                 others
                 ,
                 
                   Not
                   to
                   contribute
                   to
                   the
                   Wages
                   of
                   the
                   Knights
                   of
                   the
                   Shire
                   .
                
              
               
                 Now
                 the
                 Priviledge
                 must
                 be
                 as
                 Ancient
                 as
                 their
                 Tenure
                 and
                 Service
                 ,
                 for
                 their
                 Priviledge
                 comes
                 by
                 reason
                 of
                 their
                 Service
                 ,
                 and
                 their
                 Service
                 is
                 known
                 by
                 all
                 to
                 be
                 before
                 the
                 Conquest
                 ,
                 in
                 the
                 time
                 of
                 Edward
                 the
                 Confessor
                 ,
                 and
                 in
                 the
                 time
                 of
                 the
                 Conquerour
                 .
                 And
                 it
                 is
                 expresly
                 said
                 by
                 this
                 Learned
                 and
                 Reverend
                 Judge
                 ,
                 That
                 these
                 Tenants
                 ,
                 in
                 Ancient
                 Demesn
                 ,
                 claimed
                 this
                 by
                 Prescription
                 ;
                 and
                 it
                 could
                 not
                 be
                 so
                 ,
                 if
                 the
                 Wages
                 of
                 the
                 Knights
                 of
                 the
                 Shire
                 had
                 begun
                 within
                 Memory
                 of
                 Man
                 ,
                 or
                 of
                 any
                 Record
                 .
                 Therefore
                 it
                 clearly
                 follows
                 ,
                 That
                 Knights
                 of
                 the
                 Shire
                 to
                 serve
                 in
                 Parliament
                 ,
                 and
                 the
                 paying
                 Wages
                 to
                 them
                 for
                 their
                 Service
                 ,
                 has
                 been
                 Time
                 out
                 of
                 Mind
                 ,
                 and
                 did
                 not
                 begin
                 49
                 H.
                 3.
                 for
                 that
                 is
                 within
                 Time
                 of
                 Memory
                 in
                 a
                 Legal
                 Sence
                 .
              
               
                 The
                 same
                 Argument
                 is
                 used
                 by
                 a
                 Learned
                 Lawyer
                 and
                 Antiquary
                 Mr.
                 Lambard
                 ,
                 in
                 his
                 Archion
                 ,
                 or
                 Commentary
                 upon
                 the
                 Courts
                 of
                 Justice
                 ,
                 fol.
                 57
                 ,
                 and
                 239
                 ,
                 and
                 245.
                 where
                 the
                 maintains
                 that
                 the
                 Parliament
                 was
                 used
                 in
                 the
                 Saxons
                 time
                 ,
                 and
                 then
                 consisted
                 of
                 the
                 King
                 ,
                 Lords
                 and
                 Commons
                 ,
                 as
                 in
                 the
                 time
                 of
                 King
                 
                   Ina.
                   Anno
                
                 712.
                 
              
               
                 He
                 does
                 affirm
                 ,
                 That
                 Burgesses
                 were
                 chosen
                 to
                 the
                 Parliament
                 before
                 the
                 Conquest
                 ,
                 fol.
                 257
                 ,
                 258
                 ,
                 265.
                 
              
               
                 Littleton's
                 
                   Tenures
                   ,
                   sect
                
                 .
                 164.
                 says
                 ,
                 That
                 the
                 ancient
                 Towns
                 call'd
                 Burroughts
                 ,
                 be
                 the
                 most
                 ancient
                 Towns
                 that
                 are
                 in
                 Engl.
                 for
                 the
                 Towns
                 that
                 now
                 are
                 Cities
                 or
                 Counties
                 ,
                 in
                 old
                 time
                 were
                 Burroughs
                 ,
                 and
                 call'd
                 Burroughs
                 ,
                 for
                 that
                 of
                 such
                 old
                 Towns
                 came
                 the
                 Burgesses
                 to
                 the
                 Parliament
                 .
              
               
                 Sir
                 
                   E.
                   C.
                
                 in
                 his
                 Comment
                 upon
                 this
                 Text
                 of
                 
                   Littl.
                   1
                   Inst.
                
                 110.
                 says
                 ,
                 it
                 is
                 called
                 Parliamentum
                 ,
                 because
                 every
                 Member
                 of
                 that
                 Court
                 should
                 
                   Parler
                   la
                   Ment.
                
                 
              
               
                 Many
                 Pretenders
                 to
                 Learning
                 ,
                 take
                 upon
                 them
                 to
                 censure
                 Sir
                 
                   E.
                   C.
                
                 for
                 this
                 and
                 some
                 other
                 like
                 Etymologies
                 ,
                 as
                 being
                 ridiculous
                 .
              
               
                 Let
                 me
                 do
                 right
                 to
                 that
                 Learned
                 in
                 the
                 Law
                 ,
                 and
                 (
                 which
                 is
                 more
                 )
                 honest
                 and
                 worthy
                 Chief
                 Justice
                 ,
                 who
                 lives
                 in
                 his
                 useful
                 Works
                 ,
                 and
                 in
                 (
                 that
                 great
                 Blessing
                 from
                 God
                 )
                 a
                 numerous
                 and
                 flourishing
                 Posterity
                 .
              
               
                 It
                 is
                 true
                 ,
                 Mentum
                 is
                 an
                 ordinary
                 Termination
                 of
                 divers
                 words
                 of
                 the
                 Neuter
                 Gender
                 ,
                 and
                 so
                 it
                 is
                 (
                 if
                 we
                 will
                 be
                 strict
                 )
                 in
                 the
                 Word
                 Parliamentum
                 .
              
               
                 But
                 give
                 me
                 leave
                 to
                 say
                 ,
                 if
                 it
                 be
                 ridiculous
                 ,
                 he
                 is
                 not
                 the
                 first
                 nor
                 the
                 greatest
                 that
                 hath
                 been
                 guilty
                 in
                 this
                 kind
                 ;
                 nor
                 is
                 it
                 any
                 proof
                 of
                 Illiterateness
                 ,
                 nor
                 to
                 be
                 charg'd
                 only
                 upon
                 the
                 Profession
                 of
                 the
                 Common
                 Law
                 ,
                 as
                 if
                 it
                 were
                 an
                 Absurdity
                 peculiar
                 to
                 us
                 .
              
               
               
                 For
                 the
                 Antiquity
                 of
                 the
                 like
                 Etymology
                 ,
                 it
                 is
                 of
                 above
                 a
                 thousand
                 years
                 standing
                 ;
                 and
                 for
                 the
                 Authority
                 of
                 it
                 ,
                 it
                 is
                 to
                 be
                 met
                 with
                 in
                 the
                 Imperial
                 Laws
                 of
                 Justinian
                 the
                 Roman
                 Emperor
                 ,
                 and
                 the
                 last
                 of
                 the
                 Roman
                 Emperors
                 .
              
               
                 Even
                 in
                 the
                 very
                 Text
                 of
                 the
                 Civil
                 Law
                 ,
                 it
                 makes
                 the
                 Etymology
                 of
                 
                   Testamentum
                   ;
                   Ex
                   eo
                   appellatur
                
                 (
                 says
                 the
                 Text
                 )
                 
                   quod
                   Testatio
                   mentis
                   est
                
                 .
              
               
                 Allusione
                 quadam
                 Etymologica
                 ostendit
                 rei
                 &
                 vocis
                 convenientiam
                 ,
                 (
                 says
                 Vinius
                 )
                 in
                 his
                 Comment
                 .
                 fol.
                 270.
                 
              
               
                 Nomen
                 ab
                 officio
                 convenienter
                 habet
                 .
              
               
                 And
                 Vinius
                 
                   says
                   further
                
                 ,
                 Estque
                 hujusmodi
                 allusiva
                 derivandi
                 ratio
                 ,
                 omnibus
                 Auctoribus
                 admodum
                 familiaris
                 .
                 In
                 jocis
                 Venustas
                 delectat
                 ;
                 qualis
                 est
                 illa
                 
                   Ciceronis
                   ,
                   Fides
                
                 ,
                 quia
                 fiat
                 quod
                 dictum
                 est
                 .
              
               
                 And
                 Sir
                 
                   E.
                   C.
                
                 (
                 it
                 may
                 be
                 )
                 was
                 prompted
                 to
                 this
                 Etymon
                 from
                 that
                 ancient
                 Author
                 ,
                 the
                 
                   Mirrour
                   of
                   Just.
                
                 who
                 ,
                 in
                 the
                 place
                 I
                 before
                 cited
                 ,
                 
                   c.
                   1.
                   sect
                
                 .
                 3.
                 though
                 he
                 did
                 not
                 expresly
                 mention
                 the
                 Word
                 (
                 Parliament
                 )
                 yet
                 speaking
                 of
                 it
                 under
                 another
                 Name
                 ,
                 he
                 tells
                 us
                 what
                 their
                 Property
                 is
                 ,
                 
                   viz.
                   A
                   Parler
                   la
                   Ment.
                
                 
              
               
                 Thus
                 much
                 by
                 way
                 of
                 Digression
                 ,
                 for
                 the
                 Vindication
                 of
                 that
                 Honour
                 of
                 our
                 Profession
                 ,
                 Sir
                 
                   E.
                   C.
                
                 to
                 whom
                 not
                 only
                 his
                 own
                 ,
                 but
                 all
                 Posterity
                 are
                 highly
                 oblig'd
                 ,
                 especially
                 our
                 Profession
                 .
              
               
                 The
                 Register
                 of
                 Writs
                 ,
                 fol.
                 261.
                 
                 Quod
                 homines
                 de
                 antiquo
                 Dominico
                 non
                 contribuant
                 expensis
                 Militum
                 ad
                 Parliamentum
                 venientium
                 .
                 
                   This
                   is
                   the
                   Title
                   of
                   the
                   Writ
                   .
                
              
            
             
               
                 The
                 Writ
                 it self
                 runs
                 thus
                 ,
                 viz.
                 
              
               
                 Monstraverunt
                 Nobis
                 (
                 
                   says
                   the
                   King
                
                 )
                 Homines
                 &
                 Tenentes
                 de
                 Manerio
                 de
                 S.
                 quod
                 enim
                 de
                 antiquo
                 Dominico
                 Coronae
                 Angliae
                 ,
                 ut
                 dicitur
                 ,
                 quod
                 licet
                 ipsi
                 &
                 eorum
                 Antecessores
                 Tenentes
                 de
                 eodem
                 Manerio
                 
                   a
                   tempore
                   quo
                   non
                   extat
                   Memoria
                   ,
                
                 semper
                 hactenus
                 quieti
                 esse
                 consueverunt
                 de
                 expensis
                 Militum
                 ad
                 Parliamenta
                 Nostra
                 ,
                 vel
                 
                   Progenitorum
                   Nostrorum
                
                 Regum
                 Angliae
                 ,
                 pro
                 Communitate
                 dicti
                 Comitatus
                 ,
                 venientium
                 ,
                 &c.
                 
              
               
                 
                   M.
                   11.
                   
                   H.
                   4.
                   
                   Fitzh
                   .
                
                 Avowry
                 ,
                 Placito
                 ,
                 52.
                 (
                 which
                 is
                 said
                 to
                 be
                 the
                 first
                 Case
                 in
                 our
                 Year-Books
                 ,
                 concerning
                 Wages
                 to
                 Knights
                 of
                 the
                 Shire
                 )
                 In
                 a
                 Replevin
                 the
                 Defendant
                 avows
                 as
                 Under-Sheriff
                 ,
                 by
                 vertue
                 of
                 a
                 
                   Fieri
                   facias
                
                 ,
                 to
                 levy
                 the
                 Wages
                 of
                 the
                 Knights
                 of
                 the
                 Shire
                 ;
                 and
                 he
                 took
                 his
                 Distress
                 in
                 a
                 Town
                 call'd
                 
                   Wotton
                   .
                   Tremain
                
                 ,
                 for
                 the
                 Plaintiff
                 ,
                 pleads
                 in
                 Bar
                 to
                 the
                 Avowry
                 ,
                 That
                 
                   W.
                   temps
                   d'ont
                
                 ,
                 &c.
                 never
                 paid
                 to
                 the
                 wages
                 of
                 the
                 Knights
                 of
                 the
                 Shire
                 ;
                 and
                 so
                 Issue
                 is
                 joyn'd
                 upon
                 that
                 Prescription
                 .
              
               
                 
                   M.
                   14.
                   
                   H.
                   8.
                   fol
                   ,
                   3.
                   in
                   the
                   Year-Book
                   ,
                
                 by
                 Fineux
                 Ch.
                 J.
                 The
                 Parliament
                 (
                 says
                 he
                 )
                 consists
                 of
                 the
                 King
                 ,
                 the
                 Lords
                 and
                 the
                 Commons
                 ,
                 and
                 they
                 are
                 by
                 the
                 Com.
                 Law
                 
                   One
                   Body
                   Corporate
                
                 .
                 
                 Now
                 ,
                 that
                 ,
                 they
                 cannot
                 be
                 at
                 the
                 Common
                 Law
                 ,
                 but
                 by
                 Prescription
                 ,
              
               
                 I
                 shall
                 now
                 proceed
                 to
                 prove
                 it
                 by
                 several
                 Records
                 of
                 Parliament
                 ,
                 
                 that
                 the
                 Commons
                 have
                 ever
                 been
                 a
                 part
                 of
                 the
                 Parliament
                 ,
                 as
                 constituted
                 at
                 this
                 day
                 ,
                 of
                 Knights
                 ,
                 Citizens
                 and
                 Burgesses
                 .
              
               
                 
                   Ex
                   Rotulo
                   Parliamenti
                   ,
                   anno
                   51.
                   
                   E.
                   3.
                   
                   Membr
                   .
                   5.
                   num
                   .
                
                 45.
                 
                 Mr.
                 Pryn's
                 4th
                 .
                 part
                 of
                 a
                 Register
                 of
                 Parliamentary
                 Writs
                 ,
                 fol.
                 315.
                 in
                 Sir
                 
                   Rob.
                   Cott.
                   Abr.
                
                 
                 it
                 is
                 too
                 short
                 ;
                 but
                 at
                 large
                 in
                 Mr.
                 Pryn
                 ,
                 as
                 before
                 cited
                 .
              
            
             
               
                 There
                 is
                 a
                 Petition
                 of
                 the
                 Commons
                 to
                 the
                 King
                 in
                 French.
                 
              
               
                 Item
                 ,
                 For
                 that
                 of
                 
                   Common
                   Right
                
                 (
                 which
                 is
                 the
                 same
                 with
                 the
                 
                   Common
                   Law
                
                 ,
                 in
                 the
                 Language
                 of
                 the
                 Acts
                 of
                 Parliament
                 )
                 of
                 the
                 Realm
                 .
                 Of
                 every
                 County
                 of
                 England
                 there
                 were
                 and
                 are
                 chosen
                 two
                 Persons
                 to
                 be
                 at
                 the
                 Parliament
                 ,
                 for
                 the
                 Commons
                 of
                 the
                 Counties
                 ,
                 besides
                 the
                 Prelates
                 ,
                 Dukes
                 ,
                 Earls
                 and
                 Barons
                 ,
                 and
                 such
                 as
                 hold
                 by
                 Barony
                 ;
                 and
                 besides
                 Cities
                 and
                 Burroughs
                 ,
                 who
                 ought
                 to
                 chuse
                 of
                 themselves
                 such
                 as
                 are
                 to
                 answer
                 for
                 them
                 .
                 And
                 such
                 as
                 are
                 chosen
                 for
                 the
                 Counties
                 ought
                 to
                 have
                 their
                 
                   accustomed
                   Wages
                
                 ,
                 and
                 to
                 have
                 Writs
                 to
                 the
                 Sheriffs
                 to
                 levy
                 them
                 .
              
               
                 They
                 pray
                 that
                 it
                 be
                 ordain'd
                 this
                 present
                 Parliament
                 ,
                 that
                 the
                 Wages
                 be
                 Levied
                 of
                 all
                 the
                 Commons
                 of
                 the
                 Counties
                 ,
                 as
                 well
                 within
                 Franchises
                 as
                 without
                 (
                 excepting
                 within
                 Cities
                 and
                 Boroughs
                 ,
                 and
                 excepting
                 of
                 those
                 that
                 are
                 summon'd
                 by
                 Writ
                 (
                 meaning
                 the
                 Barons
                 )
                 and
                 their
                 Tenants
                 .
              
            
             
               
                 Resp.
                 Soit
                 fait
                 come
                 devant
                 ad
                 este
                 use
                 en
                 cest
                 Case
                 .
              
               
                 This
                 was
                 in
                 the
                 time
                 of
                 
                   K.
                   E.
                
                 3.
                 who
                 was
                 but
                 the
                 Fourth
                 King
                 in
                 Succession
                 from
                 that
                 
                   K.
                   H.
                
                 3.
                 in
                 whose
                 Reign
                 our
                 new
                 Authors
                 would
                 have
                 our
                 Knights
                 ,
                 Citizens
                 and
                 Burgesses
                 to
                 have
                 their
                 Original
                 .
              
               
                 And
                 the
                 Kings
                 Answer
                 to
                 the
                 Petition
                 of
                 the
                 Commons
                 ,
                 admits
                 the
                 matter
                 of
                 the
                 Petition
                 to
                 be
                 true
                 ,
                 and
                 refers
                 to
                 Usage
                 in
                 former
                 times
                 .
              
               
                 In
                 the
                 same
                 Fourth
                 Part
                 of
                 Mr.
                 Pryn's
                 Register
                 ,
                 
                 fol.
                 643.
                 5
                 
                 H.
                 4.
                 
                 
                   Rot.
                   Parl.
                   num
                
                 .
                 71
                 ,
                 &
                 78.
                 
              
               
                 On
                 the
                 behalf
                 of
                 
                   Rich.
                   Chedder
                
                 
                   Esq
                
                 Menial
                 Servant
                 to
                 
                   Tho.
                   Brook
                
                 ,
                 Knight
                 for
                 Somersetshire
                 .
              
               
                 The
                 Commons
                 Petition'd
                 ,
                 That
                 whereas
                 ,
                 
                   After
                   the
                   Custom
                   of
                   the
                   Realm
                   ,
                   all
                   the
                   Lords
                   ,
                   Knights
                   ,
                   Citizens
                   and
                   Burgesses
                   ,
                
                 with
                 their
                 Servants
                 coming
                 to
                 Parliament
                 ,
                 by
                 the
                 Kings
                 Writ
                 ,
                 in
                 coming
                 ,
                 going
                 and
                 returning
                 ,
                 are
                 under
                 your
                 Royal
                 Protection
                 ,
                 &c.
                 
                 And
                 this
                 Petition
                 was
                 answer'd
                 by
                 the
                 Act
                 in
                 Print
                 .
              
               
                 We
                 may
                 note
                 from
                 hence
                 ,
                 That
                 their
                 Priviledge
                 ,
                 and
                 therefore
                 much
                 more
                 their
                 being
                 a
                 Part
                 of
                 the
                 High
                 Court
                 of
                 Parliament
                 ,
                 it
                 was
                 by
                 
                   Custom
                   of
                   the
                   Realm
                
                 .
              
               
               
                 I
                 would
                 note
                 further
                 (
                 since
                 I
                 shall
                 have
                 occasion
                 to
                 use
                 it
                 for
                 another
                 very
                 material
                 Point
                 )
                 that
                 this
                 Custom
                 (
                 though
                 the
                 then
                 present
                 occasion
                 for
                 the
                 mention
                 of
                 it
                 ,
                 was
                 from
                 the
                 Servant
                 of
                 a
                 Member
                 of
                 the
                 Commons
                 House
                 ;
                 yet
                 it
                 is
                 (
                 alledg'd
                 as
                 one
                 
                   entire
                   Custom
                
                 for
                 the
                 whole
                 Parliament
                 ,
                 
                   viz.
                   all
                   the
                   Lords
                   Knights
                   ,
                   Citizens
                
                 and
                 Burgesses
                 .
                 They
                 are
                 all
                 but
                 
                   One
                   Body
                   ,
                   One
                   Court
                
                 ;
                 and
                 their
                 Rights
                 and
                 Priviledges
                 are
                 entire
                 ,
                 and
                 not
                 some
                 for
                 the
                 Lords
                 ,
                 and
                 other
                 for
                 the
                 Commons
                 ;
                 but
                 it
                 is
                 a
                 joint
                 Priviledge
                 .
              
               
                 From
                 hence
                 it
                 follows
                 ,
                 you
                 cannot
                 invade
                 the
                 Privilege
                 of
                 the
                 one
                 House
                 ,
                 but
                 you
                 invade
                 both
                 .
              
               
                 Elsing
                 ,
                 in
                 his
                 Treatise
                 of
                 Parliaments
                 ,
                 fol.
                 145.
                 
                 'T
                 is
                 also
                 in
                 Sir
                 
                   Rob.
                   Cott.
                   Abr.
                   fol.
                
                 433.
                 but
                 not
                 so
                 full
                 .
              
               
                 In
                 the
                 time
                 of
                 the
                 same
                 King
                 ,
                 5
                 
                   H.
                   4.
                   num
                
                 .
                 74.
                 
              
               
                 The
                 Commons
                 pray
                 ,
                 
                 That
                 whereas
                 according
                 to
                 the
                 
                   Custom
                   of
                   the
                   Realm
                
                 ,
                 the
                 Lords
                 ,
                 Knights
                 ,
                 Citizens
                 and
                 Burgesses
                 ,
                 coming
                 to
                 Parliament
                 ,
                 ought
                 not
                 for
                 any
                 Debate
                 ,
                 &c.
                 to
                 be
                 arrested
                 .
              
               
                 It
                 is
                 said
                 to
                 be
                 the
                 Custom
                 of
                 the
                 whole
                 Realm
                 (
                 that
                 is
                 ,
                 the
                 same
                 with
                 the
                 Common
                 Law
                 )
                 and
                 it
                 is
                 made
                 to
                 be
                 
                   one
                   entire
                   Custom
                
                 ,
                 both
                 for
                 the
                 Lords
                 and
                 Commons
                 ;
                 and
                 this
                 is
                 for
                 freedom
                 of
                 Debates
                 ,
                 and
                 not
                 the
                 same
                 with
                 the
                 last
                 that
                 I
                 cited
                 ,
                 though
                 in
                 the
                 same
                 year
                 .
              
               
                 39
                 H.
                 
                 6.
                 
                 
                   Rot.
                   Parl.
                   num
                
                 .
                 9.
                 
                 On
                 the
                 behalf
                 of
                 W
                 r
                 Clerk
                 Burg
                 of
                 Chippenham
                 in
                 Wiltsh
                 .
              
               
                 And
                 17
                 
                   E.
                   4.
                   
                   Rot.
                   Parl.
                   num
                   .
                
                 36.
                 
                 On
                 the
                 behalf
                 of
                 I.
                 at
                 Will.
                 Cit.
                 for
                 Exeter
                 .
              
               
                 In
                 both
                 these
                 Cases
                 (
                 though
                 upon
                 occasion
                 of
                 two
                 particular
                 Members
                 )
                 yet
                 the
                 
                   whole
                   House
                
                 of
                 Commons
                 petition'd
                 .
              
               
                 And
                 the
                 Petition
                 on
                 the
                 behalf
                 of
                 
                   Wr.
                   Clerk
                
                 ,
                 runs
                 thus
                 ;
              
               
                 That
                 ,
                 
                   whereof
                   time
                   that
                   mans
                   mind
                   is
                   not
                   to
                   the
                   contrary
                   ,
                   it
                   hath
                   been
                   used
                   ,
                
                 &c.
                 and
                 then
                 sets
                 forth
                 their
                 Priviledge
                 .
              
               
                 The
                 Petition
                 of
                 the
                 Commons
                 on
                 the
                 behalf
                 of
                 
                   I.
                   at
                   Will.
                
                 is
                 in
                 these
                 words
                 ,
                 
                   viz.
                   The
                   Freedom
                   of
                   which
                   Commons
                
                 hath
                 ever
                 afore
                 this
                 time
                 been
                 ,
                 and
                 oweth
                 to
                 be
                 ,
                 that
                 the
                 Knights
                 of
                 the
                 Shire
                 ,
                 Citizens
                 of
                 the
                 Cities
                 ,
                 and
                 Barons
                 of
                 the
                 Cinque-Ports
                 ,
                 call'd
                 to
                 any
                 of
                 the
                 Parliaments
                 of
                 your
                 Noble
                 Progenitors
                 (
                 
                   among
                   other
                   Liberties
                   and
                   Franchises
                
                 )
                 have
                 
                   had
                   and
                   used
                   Priviledge
                
                 ,
                 that
                 any
                 of
                 them
                 should
                 not
                 be
                 attached
                 by
                 their
                 Persons
                 or
                 Goods
                 in
                 their
                 coming
                 to
                 any
                 such
                 Parliament
                 ,
                 their
                 abiding
                 ,
                 nor
                 returning
                 to
                 their
                 proper
                 homes
                 ,
                 &c.
                 
              
               
                 Their
                 Freedom
                 had
                 ever
                 been
                 ;
                 then
                 it
                 did
                 not
                 begin
                 first
                 ,
                 nor
                 had
                 they
                 themselves
                 their
                 beginning
                 in
                 49
                 H.
                 3.
                 
              
               
                 And
                 
                   oweth
                   to
                   be
                
                 :
                 Then
                 it
                 was
                 not
                 of
                 meer
                 Grace
                 ,
                 and
                 by
                 Permission
                 ,
                 but
                 of
                 
                   Right
                   it
                   ought
                   so
                   to
                   be
                   .
                
              
               
                 And
                 
                   Two
                   Acts
                   of
                   Parliament
                
                 pass'd
                 upon
                 those
                 two
                 Petitions
                 ,
                 which
                 confirm
                 the
                 truth
                 of
                 those
                 Suggestions
                 .
              
               
                 And
                 another
                 thing
                 I
                 would
                 observe
                 ,
                 which
                 does
                 naturally
                 and
                 easily
                 flow
                 from
                 these
                 Records
                 ,
                 and
                 is
                 very
                 useful
                 to
                 us
                 ,
                 viz.
                 
              
               
                 That
                 the
                 Commons
                 Petitioning
                 to
                 have
                 these
                 Freedoms
                 allow'd
                 them
                 ,
                 does
                 nothing
                 derogate
                 from
                 their
                 Right
                 to
                 those
                 Liberties
                 
                 and
                 Franchises
                 ,
                 nor
                 is
                 no
                 Argument
                 to
                 prove
                 them
                 to
                 be
                 meer
                 Emanations
                 of
                 Royal
                 Favour
                 ;
                 for
                 the
                 humble
                 way
                 of
                 Address
                 ,
                 by
                 the
                 Commons
                 to
                 the
                 King
                 to
                 have
                 their
                 Rights
                 maintained
                 ,
                 is
                 made
                 use
                 of
                 by
                 our
                 Novellists
                 ,
                 to
                 prove
                 they
                 were
                 granted
                 from
                 time
                 to
                 time
                 ,
                 meerly
                 by
                 the
                 Kings
                 Grace
                 .
              
               
                 I
                 am
                 far
                 from
                 condemning
                 this
                 humble
                 way
                 of
                 Subjects
                 addressing
                 to
                 their
                 Sovereign
                 :
                 
                 It
                 becomes
                 the
                 Duty
                 of
                 Subjects
                 ,
                 and
                 is
                 due
                 to
                 the
                 Majesty
                 of
                 a
                 King
                 ,
                 to
                 have
                 all
                 decent
                 Reverence
                 shewn
                 :
                 But
                 I
                 would
                 not
                 have
                 ill
                 use
                 made
                 of
                 their
                 Humility
                 ,
                 to
                 deprive
                 them
                 of
                 their
                 Rights
                 .
                 It
                 was
                 (
                 as
                 I
                 take
                 it
                 )
                 the
                 observation
                 of
                 Caesar
                 ,
                 in
                 his
                 Commentary
                 ,
                 of
                 the
                 Temper
                 of
                 the
                 old
                 
                   Britains
                   ,
                   Jam
                   domiti
                   ut
                   pareant
                   ,
                   non
                   ut
                   serviant
                   .
                
              
               
                 In
                 that
                 famous
                 Case
                 of
                 
                   Thomas
                   Thorp
                
                 ,
                 the
                 Speaker
                 of
                 the
                 Commons
                 ,
                 
                 31
                 
                   Hen.
                   6.
                   num
                
                 .
                 25.
                 there
                 are
                 the
                 very
                 Words
                 of
                 the
                 Petition
                 ,
                 at
                 large
                 set
                 forth
                 ,
                 in
                 the
                 fourth
                 Reg.
                 of
                 Mr.
                 Pryn
                 ,
                 fol.
                 644.
                 
              
               
                 Thorp
                 ,
                 was
                 taken
                 in
                 Execution
                 ,
                 at
                 the
                 Suit
                 of
                 the
                 D.
                 of
                 Y.
                 
              
               
                 The
                 whole
                 House
                 of
                 Commons
                 petitioned
                 to
                 have
                 their
                 Speaker
                 restored
                 to
                 them
                 :
                 And
                 their
                 Petition
                 is
                 in
                 these
                 Words
                 .
              
               
                 By
                 Common
                 Custom
                 ,
                 Time
                 out
                 of
                 Memory
                 of
                 Man
                 ,
                 and
                 ever
                 
                   afore
                   these
                   Times
                   used
                
                 ,
                 in
                 every
                 of
                 the
                 Parliaments
                 
                   of
                   the
                
                 Kings
                 Noble
                 Progenitors
                 ,
                 &c.
                 
              
               
                 And
                 so
                 it
                 proceeds
                 to
                 declare
                 the
                 Priviledge
                 of
                 the
                 Commons
                 .
              
               
                 I
                 would
                 observe
                 also
                 ,
                 out
                 of
                 these
                 three
                 last
                 Records
                 of
                 Parliament
                 ;
                 That
                 when
                 any
                 Breach
                 of
                 Priviledge
                 befell
                 but
                 a
                 single
                 Member
                 of
                 that
                 House
                 ,
                 as
                 that
                 of
                 
                   Walter
                   Clerk
                
                 ,
                 and
                 I.
                 at
                 Will.
                 
              
               
                 The
                 whole
                 House
                 thought
                 it self
                 concerned
                 ,
                 and
                 the
                 whole
                 House
                 petitioned
                 ;
                 especially
                 in
                 this
                 last
                 Case
                 of
                 
                   Thomas
                   Thorp
                
                 ,
                 their
                 Speaker
                 ,
                 to
                 whom
                 the
                 D.
                 of
                 Y.
                 was
                 no
                 Friend
                 .
                 This
                 will
                 be
                 useful
                 to
                 my
                 Second
                 Point
                 .
              
               
                 Hitherto
                 I
                 have
                 presented
                 you
                 with
                 Records
                 of
                 Parliament
                 ,
                 as
                 being
                 the
                 most
                 proper
                 Proof
                 of
                 the
                 Rights
                 of
                 Parliament
                 ,
                 much
                 beyond
                 the
                 Reports
                 of
                 our
                 Historians
                 ,
                 from
                 whom
                 our
                 Innovators
                 fetch
                 most
                 of
                 their
                 Arguments
                 .
              
               
                 I
                 shall
                 now
                 offer
                 you
                 some
                 Records
                 out
                 of
                 an
                 inferior
                 Court
                 ,
                 
                 one
                 of
                 the
                 four
                 Courts
                 of
                 Westminster-hall
                 ,
                 that
                 is
                 ,
                 out
                 of
                 the
                 Exchequer
                 :
                 But
                 they
                 are
                 
                   Judicial
                   Records
                
                 ,
                 adjudged
                 by
                 the
                 whole
                 Court
                 ,
                 by
                 Advice
                 ,
                 with
                 all
                 the
                 Judges
                 of
                 both
                 Benches
                 ,
                 to
                 confirm
                 the
                 same
                 Point
                 .
              
               
                 
                   M.
                   12.
                   
                   E.
                
                 4.
                 and
                 
                   H.
                   13.
                   
                   E.
                
                 4.
                 in
                 the
                 Office
                 of
                 the
                 Pleas
                 in
                 the
                 Exchequer
                 ,
                 mentioned
                 by
                 Mr.
                 Pryn
                 ,
                 in
                 his
                 fourth
                 part
                 of
                 his
                 Register
                 of
                 Parliament
                 Writs
                 ,
                 fol.
                 752.
                 
              
               
                 In
                 a
                 Plea
                 of
                 Debt
                 by
                 Donne
                 against
                 Walsh
                 .
              
               
                 Walsh
                 was
                 menial
                 Servant
                 to
                 Henry
                 Earl
                 of
                 Essex
                 ,
                 and
                 he
                 sued
                 out
                 his
                 Writ
                 of
                 Priviledg
                 ,
                 and
                 the
                 Writ
                 under
                 the
                 Great
                 Seal
                 ,
                 was
                 of
                 this
                 Tenure
                 :
                 viz.
                 
              
               
                 
                   Cum
                   secundum
                
                 consuetudinem
                 
                   in
                   regno
                   hactenus
                   obtentam
                   &
                   approbatam
                   ,
                   Domini
                   Magnates
                   Milites
                   Comitatuum
                   ac
                   Cives
                   &
                   Burgenses
                   Civitatum
                   &
                   Burgorum
                   ,
                   ad
                   Parliamenta
                   nostra
                   venientes
                   ,
                   at
                   
                   eorum
                   Familiares
                   ratione
                   alicujus
                   Transgressionis
                
                 (
                 and
                 so
                 proceeds
                 to
                 enumerate
                 other
                 sorts
                 of
                 Actions
                 )
                 
                   dum
                   sic
                   in
                   Parliamentis
                   nostris
                   morentur
                   ,
                   arrestari
                   aut
                   implacitari
                   minime
                   debeant
                   ,
                
                 &c.
                 
              
               
                 And
                 then
                 the
                 Writ
                 mentions
                 that
                 Action
                 of
                 Debt
                 ,
                 brought
                 against
                 Walsh
                 ,
                 menial
                 Servant
                 to
                 the
                 Earl
                 of
                 Essex
                 ,
                 in
                 that
                 present
                 Parliament
                 ,
                 
                   Vobis
                   mandamus
                
                 (
                 sayes
                 the
                 King
                 by
                 that
                 Writ
                 of
                 Priviledge
                 to
                 the
                 Barons
                 of
                 the
                 
                   Exchequer
                   ,
                   )
                   quod
                   si
                   ita
                   est
                   .
                
                 Those
                 Words
                 do
                 not
                 refer
                 to
                 the
                 Custom
                 set
                 forth
                 ,
                 nor
                 to
                 the
                 Law
                 upon
                 it
                 ,
                 but
                 to
                 the
                 Allegation
                 in
                 the
                 Writ
                 of
                 matter
                 of
                 Fact
                 ;
                 viz.
                 That
                 Walsh
                 the
                 Defendant
                 was
                 menial
                 Servant
                 to
                 the
                 Earl
                 of
                 Essex
                 .
              
               
                 And
                 then
                 the
                 Defendant
                 does
                 by
                 way
                 of
                 Plea
                 ,
                 grounded
                 upon
                 that
                 Writ
                 ,
                 apply
                 the
                 Writ
                 to
                 himself
                 ;
                 and
                 averrs
                 ,
                 That
                 he
                 is
                 the
                 same
                 Person
                 mentioned
                 in
                 the
                 Writ
                 ;
                 and
                 averrs
                 ,
                 That
                 he
                 was
                 the
                 menial
                 Servant
                 to
                 the
                 E.
                 of
                 Essex
                 ,
                 and
                 then
                 demands
                 allowance
                 of
                 his
                 Priviledge
                 .
              
               
                 The
                 Plaintiff
                 in
                 that
                 Suit
                 traverses
                 the
                 Custom
                 and
                 Priviledge
                 alledged
                 in
                 the
                 Writ
                 (
                 as
                 to
                 the
                 being
                 impleaded
                 )
                 but
                 admits
                 it
                 as
                 to
                 the
                 Freedom
                 from
                 Arrest
                 .
                 This
                 Traverse
                 is
                 in
                 the
                 Nature
                 of
                 a
                 Demurrer
                 ;
                 for
                 it
                 is
                 
                   Quaestio
                   Juris
                   ,
                   ad
                   quam
                   respondent
                   Judices
                   non
                   Juratores
                   .
                
              
               
                 Et
                 super
                 hot
                 viso
                 &
                 praelecto
                 brevi
                 praedicto
                 ,
                 per
                 Barones
                 ,
                 &c.
                 
                 Habitoque
                 Avisamento
                 Justiciariorum
                 Domini
                 Regis
                 ,
                 de
                 utroque
                 Banco
                 in
                 hac
                 parte
                 .
                 Quia
                 videtur
                 praefatis
                 Baronibus
                 de
                 avisamento
                 Justiciariorum
                 praedictorum
                 ,
                 quod
                 talis
                 habetur
                 &
                 habebatur
                 consuetudo
                 ,
                 quod
                 Magnates
                 &
                 Milites
                 Comitatuum
                 ,
                 ac
                 Cives
                 &
                 Burgenses
                 Civitatum
                 &
                 Burgorum
                 ad
                 Parliamentum
                 de
                 Sumonitione
                 Regis
                 venientes
                 ,
                 ac
                 eorum
                 Familiares
                 Ratione
                 alicujus
                 Transgressionis
                 ,
                 &c.
                 dum
                 sic
                 in
                 Parliamento
                 morentur
                 ,
                 capi
                 aut
                 arrestari
                 non
                 debent
                 .
                 
                   (
                   But
                   then
                   they
                   adjudge
                   that
                   the
                   Priviledge
                   does
                   hold
                   only
                   against
                   Arresting
                   their
                   Persons
                   ,
                   but
                   not
                   against
                   the
                   Suing
                   them
                   .
                   )
                
              
               
                 This
                 strongly
                 proves
                 the
                 Point
                 I
                 have
                 in
                 Hand
                 ,
                 That
                 the
                 House
                 of
                 Commons
                 have
                 their
                 Priviledges
                 by
                 Custom
                 ,
                 and
                 therefore
                 the
                 House
                 it self
                 could
                 not
                 have
                 its
                 Original
                 within
                 Time
                 of
                 Memory
                 ,
                 as
                 49
                 H.
                 3.
                 is
                 ,
                 in
                 a
                 Legal
                 Understanding
                 .
              
               
                 It
                 is
                 very
                 useful
                 further
                 to
                 observe
                 ,
                 That
                 the
                 single
                 and
                 sole
                 Occasion
                 of
                 this
                 Record
                 was
                 from
                 the
                 Priviledge
                 of
                 the
                 Peers
                 ,
                 from
                 the
                 suing
                 a
                 menial
                 Servant
                 of
                 a
                 Peer
                 .
                 No
                 Man
                 denies
                 but
                 the
                 Peers
                 have
                 even
                 been
                 a
                 part
                 of
                 the
                 Parliament
                 :
                 Nay
                 ,
                 our
                 new
                 Modellers
                 of
                 the
                 Government
                 would
                 have
                 the
                 Parliament
                 to
                 consist
                 only
                 of
                 the
                 King
                 and
                 Lords
                 .
              
               
                 And
                 yet
                 it
                 is
                 said
                 to
                 be
                 a
                 
                   Joint
                   Custom
                
                 for
                 the
                 Commons
                 ,
                 as
                 well
                 as
                 for
                 the
                 Lords
                 ,
                 by
                 express
                 and
                 particular
                 Words
                 .
                 Why
                 did
                 they
                 not
                 lay
                 the
                 Custom
                 for
                 the
                 Priviledge
                 of
                 the
                 Lords
                 only
                 ,
                 that
                 might
                 have
                 serv'd
                 for
                 that
                 present
                 Occasion
                 ,
                 which
                 was
                 about
                 the
                 Priviledge
                 for
                 a
                 menial
                 Servant
                 of
                 the
                 then
                 E.
                 of
                 Essex
                 ?
              
               
                 But
                 the
                 Custom
                 was
                 an
                 entire
                 Custom
                 for
                 both
                 Houses
                 :
                 This
                 proves
                 them
                 to
                 be
                 coaetaneous
                 ,
                 and
                 Twins
                 by
                 Birth
                 and
                 Original
                 .
              
               
                 All
                 this
                 is
                 by
                 the
                 Judgment
                 of
                 all
                 the
                 twelve
                 Judges
                 ,
                 in
                 a
                 Judicial
                 Proceeding
                 :
                 And
                 it
                 takes
                 in
                 the
                 Opinion
                 of
                 the
                 Chancellor
                 ,
                 who
                 issued
                 out
                 that
                 Writ
                 .
              
               
               
                 The
                 other
                 Record
                 of
                 the
                 same
                 Court
                 is
                 entred
                 
                   H.
                   12.
                   
                   E.
                
                 4.
                 
                 
                 
                   Rot.
                   7.
                   inter
                   Ryner
                   &
                   Cousin
                   ,
                
                 Keeper
                 of
                 the
                 Wardrobe
                 to
                 the
                 King
                 ,
                 in
                 an
                 Action
                 of
                 Debt
                 too
                 ;
                 and
                 there
                 the
                 Defendant
                 claims
                 his
                 Priviledge
                 ,
                 not
                 as
                 Servant
                 to
                 the
                 King
                 ,
                 but
                 as
                 Servant
                 to
                 
                   Thomas
                   St.
                   Leger
                
                 ,
                 Knight
                 of
                 the
                 Shire
                 for
                 Surrey
                 .
              
               
                 And
                 the
                 Writ
                 of
                 Priviledge
                 sets
                 forth
                 the
                 same
                 entire
                 Custom
                 ,
                 both
                 for
                 Lords
                 and
                 Commons
                 (
                 tho'
                 the
                 Occasion
                 was
                 here
                 from
                 the
                 Commons
                 only
                 )
                 and
                 the
                 Court
                 of
                 Exchequer
                 gives
                 the
                 like
                 Judgment
                 ,
                 as
                 in
                 the
                 former
                 Case
                 ,
                 by
                 Advice
                 too
                 ,
                 of
                 all
                 the
                 Judges
                 of
                 both
                 Benches
                 .
              
               
                 The
                 next
                 Record
                 I
                 shall
                 make
                 use
                 of
                 ,
                 
                 shall
                 be
                 that
                 of
                 E.
                 2.
                 which
                 is
                 a
                 most
                 invincible
                 Proof
                 that
                 the
                 Knights
                 ,
                 Citizens
                 and
                 Burgesses
                 have
                 originally
                 ,
                 and
                 before
                 49
                 H.
                 3.
                 constituted
                 the
                 House
                 of
                 Commons
                 ,
                 and
                 have
                 ever
                 been
                 a
                 part
                 of
                 the
                 Parliament
                 .
              
               
                 The
                 Burgesses
                 of
                 
                   S.
                   Albans
                
                 ,
                 in
                 their
                 Petition
                 to
                 the
                 King
                 ,
                 say
                 ,
                 That
                 they
                 
                   sicut
                   caeteri
                   Burgenses
                   Regni
                   ad
                   Parliamentum
                   Regis
                   ,
                   per
                   duos
                   Comburgenses
                   suos
                   venire
                   debeant
                   ,
                   prout
                   retro-actis
                   temporibus
                   venire
                
                 consueverant
                 ,
                 tam
                 tempore
                 Domini
                 Edwardi
                 ,
                 nuper
                 Regis
                 Angliae
                 ,
                 
                   Patris
                   Regis
                
                 (
                 which
                 must
                 be
                 E.
                 1.
                 )
                 &
                 progenitorum
                 suorum
                 (
                 which
                 must
                 be
                 understood
                 of
                 the
                 Progenitors
                 in
                 the
                 plural
                 number
                 of
                 E.
                 1.
                 for
                 he
                 mentions
                 the
                 then
                 King
                 E.
                 2.
                 afterwards
                 )
                 so
                 that
                 of
                 necessity
                 it
                 must
                 take
                 in
                 King
                 Hen.
                 3.
                 and
                 his
                 Father
                 King
                 John
                 ,
                 at
                 the
                 least
                 .
              
               
                 And
                 this
                 Computation
                 much
                 exceeds
                 the
                 Date
                 given
                 to
                 the
                 House
                 of
                 Commons
                 by
                 these
                 new
                 Authors
                 ,
                 
                   viz.
                   49
                   H.
                
                 3.
                 
              
               
                 And
                 then
                 the
                 Petition
                 descends
                 to
                 the
                 mention
                 of
                 the
                 then
                 Kings
                 Time
                 ,
                 
                   viz.
                   E.
                   2.
                   tempore
                   Domini
                   Regis
                   qui
                   nunc
                   est
                   ,
                
                 semper
                 
                   ante
                   instans
                   Parliamentum
                
                 .
                 And
                 the
                 Petition
                 complains
                 of
                 the
                 Sheriff
                 of
                 Hertfordshire
                 ,
                 who
                 by
                 the
                 Abbots
                 procuring
                 ,
                 refused
                 to
                 summon
                 that
                 Burrough
                 .
              
               
                 The
                 Answer
                 by
                 the
                 Councel
                 is
                 ,
                 
                   Scrutentur
                   Rotuli
                   ,
                   &c.
                   de
                   Cancellaria
                   ,
                   si
                
                 temporibus
                 Progenitorum
                 
                   Regis
                   Burgenses
                   praedicti
                
                 solebant
                 
                   venire
                   ,
                   vel
                   non
                
                 .
              
               
                 This
                 Answer
                 admits
                 the
                 general
                 Usage
                 of
                 Burgesses
                 to
                 be
                 chosen
                 for
                 divers
                 Burroughs
                 ,
                 in
                 the
                 times
                 of
                 the
                 King's
                 Progenitors
                 ;
                 For
                 it
                 is
                 absurd
                 to
                 think
                 ,
                 that
                 that
                 needed
                 any
                 search
                 of
                 the
                 Rolls
                 in
                 Chancery
                 ,
                 but
                 the
                 Search
                 was
                 to
                 be
                 only
                 ,
                 Whether
                 that
                 particular
                 Burrough
                 of
                 S.
                 Albans
                 was
                 one
                 of
                 those
                 Ancient
                 Burroughs
                 that
                 had
                 used
                 that
                 Priviledge
                 ,
                 and
                 had
                 a
                 Right
                 to
                 it
                 ,
                 which
                 would
                 appear
                 by
                 the
                 Rolls
                 ,
                 and
                 Returns
                 of
                 Writs
                 of
                 Summons
                 .
              
               
                 The
                 Record
                 lays
                 the
                 Usage
                 for
                 the
                 Burrough
                 to
                 have
                 been
                 
                   semper
                   ,
                   ante
                   instans
                   Parliamentum
                
                 ;
                 so
                 that
                 the
                 Usage
                 had
                 been
                 from
                 ever
                 .
              
               
                 In
                 the
                 Rolls
                 of
                 Parliament
                 11
                 
                   H.
                   4.
                   num
                
                 .
                 59
                 ,
                 
                 cited
                 by
                 Mr.
                 Pryn
                 ,
                 in
                 his
                 
                   Brevia
                   Parliamentaria
                   rediviva
                   ,
                   fol.
                
                 185.
                 
                 There
                 is
                 
                   a
                   Petition
                   of
                   the
                   Commons
                   in
                   French
                   ,
                
                 reciting
                 the
                 Stat.
                 of
                 7.
                 
                 
                   H.
                   4.
                   c.
                
                 15.
                 which
                 Statute
                 (
                 as
                 the
                 Petition
                 says
                 )
                 was
                 made
                 for
                 the
                 preserving
                 the
                 
                   Franchises
                   and
                   Liberties
                   of
                   the
                   Election
                   of
                   Knights
                   of
                   the
                   Shire
                   ,
                   used
                   throughout
                   :
                   the
                   whole
                   Realm
                   ,
                   and
                   by
                   the
                   Kings
                   Progenitors
                   from
                   Parliament
                   to
                   Parliament
                   ,
                   time
                   out
                   of
                   mind
                
                 observed
                 .
              
               
               
                 I
                 will
                 now
                 put
                 the
                 Court
                 in
                 mind
                 of
                 some
                 Acts
                 of
                 Parliament
                 ,
                 that
                 fully
                 prove
                 this
                 Point
                 .
              
               
                 
                   The
                   Statute
                   of
                
                 5
                 R.
                 2.
                 
                 Parl.
                 2.
                 c.
                 4.
                 
                 
                   (
                   in
                   a
                   time
                   When
                   Parliaments
                   were
                   not
                   so
                   much
                   valued
                   )
                
                 It
                 is
                 thereby
                 Enacted
                 ,
                 by
                 Assent
                 of
                 the
                 Prelates
                 ,
                 Lords
                 ,
                 and
                 Commons
                 ,
                 that
                 all
                 Persons
                 and
                 Communalties
                 ,
                 which
                 should
                 have
                 a
                 Summons
                 to
                 Parliament
                 ,
                 should
                 come
                 from
                 thence-forth
                 to
                 Parliaments
                 in
                 the
                 manner
                 as
                 they
                 were
                 bounden
                 to
                 do
                 ,
                 and
                 
                   had
                   been
                   accustomed
                   of
                   Old
                   Times
                
                 ;
                 otherwise
                 they
                 should
                 be
                 Amerced
                 
                   as
                   of
                   Old
                   Times
                   had
                   been
                   accustomed
                   .
                
              
               
                 Rot.
                 Parl.
                 2.
                 
                 
                   H.
                   5.
                   
                   Pars
                   2.
                   
                   Numb
                   .
                
                 10.
                 
                 
                 This
                 is
                 left
                 out
                 of
                 Sir
                 
                   Rob.
                   Cott.
                   Abr.
                
                 That
                 Act
                 declares
                 ,
                 that
                 the
                 Commons
                 had
                 ever
                 been
                 a
                 Member
                 of
                 the
                 Parliament
                 ,
                 and
                 that
                 no
                 Statute
                 or
                 Law
                 could
                 be
                 made
                 without
                 their
                 Assent
                 .
                 I
                 will
                 not
                 spend
                 time
                 in
                 citing
                 those
                 Learned
                 Antiquaries
                 ,
                 
                 or
                 Historians
                 ;
                 as
                 Sir
                 
                   Henry
                   Spelman
                   ,
                   Bedes
                   Eccl.
                   Hist.
                
                 nor
                 Famous
                 Selden
                 ,
                 nor
                 Learned
                 Cambden
                 ,
                 who
                 by
                 general
                 Words
                 ,
                 used
                 in
                 the
                 Saxon
                 Times
                 ,
                 for
                 the
                 Assembling
                 of
                 Parliaments
                 ,
                 tho'
                 not
                 by
                 that
                 Name
                 ,
                 prove
                 the
                 Commons
                 to
                 be
                 a
                 Part
                 of
                 Them
                 ;
                 but
                 they
                 do
                 not
                 prove
                 the
                 Commons
                 to
                 be
                 so
                 Elected
                 ,
                 and
                 to
                 consist
                 of
                 Knights
                 ,
                 Citizens
                 ,
                 and
                 Burgesses
                 ,
                 as
                 is
                 clearly
                 Proved
                 by
                 the
                 Records
                 I
                 have
                 already
                 offer'd
                 .
              
               
                 The
                 Parliament
                 in
                 the
                 Saxon
                 Times
                 was
                 styled
                 
                   Commune
                   Concilium
                
                 ,
                 
                 
                   tam
                   Cleri
                   quam
                   populi
                
                 .
                 And
                 the
                 Laws
                 were
                 made
                 
                   per
                   Commune
                   Concilium
                   ,
                   &
                   assensum
                   Omnium
                   Episcopar
                   '
                   &
                   Principum
                   Procerum
                   Comitum
                   ,
                   &
                   omnium
                   sapientum
                   Senior
                   '
                   &
                   popular
                   '
                   totius
                   Regni
                   &
                   Populi
                   Conventus
                   .
                
                 King
                 Edward
                 the
                 Confessor
                 Confirm'd
                 the
                 Saxon
                 Laws
                 ,
                 and
                 made
                 new
                 ,
                 says
                 Lambert
                 in
                 his
                 Book
                 
                   De
                   Priscis
                   Anglor
                   .
                   Legibus
                   C.
                   8.
                   fol.
                
                 139.
                 and
                 there
                 '
                 t
                 is
                 said
                 ,
                 all
                 to
                 be
                 done
                 a
                 
                   Rege
                   ,
                   Baronibus
                   &
                   Populo
                
                 .
                 These
                 general
                 Words
                 cannot
                 be
                 understood
                 otherwise
                 ,
                 than
                 to
                 include
                 the
                 Commons
                 .
              
               
                 And
                 so
                 
                   totius
                   Regni
                   assensu
                   &
                   omnium
                   astipulatione
                   &
                   judicio
                   ,
                
                 
                 says
                 Mr.
                 Selden
                 ,
                 a
                 Judgment
                 was
                 given
                 concerning
                 Lanfrank
                 ,
                 Arch-Bishop
                 of
                 Canterbury
                 .
                 The
                 Statute
                 of
                 
                   Mag.
                   Charta
                
                 was
                 made
                 and
                 Confirm'd
                 9
                 H.
                 3.
                 which
                 was
                 forty
                 Years
                 before
                 this
                 new
                 Date
                 of
                 the
                 Original
                 of
                 the
                 House
                 of
                 Commons
                 ,
                 
                   viz.
                   49
                   H.
                
                 3.
                 
                 And
                 it
                 appears
                 by
                 several
                 Statutes
                 ,
                 that
                 
                   Mag.
                   Charta
                
                 was
                 made
                 
                   De
                   Communi
                   Concilio
                   Regni
                
                 says
                 one
                 Statute
                 :
                 
                   Per
                   Commune
                   assent
                   de
                   tut
                   le
                   Realm
                   ,
                
                 says
                 another
                 .
                 
                   Per
                   le
                   Roy
                   ,
                   Peers
                   ,
                   &
                   Communes
                   de
                   le
                   terre
                   ,
                
                 says
                 another
                 .
              
               
                 It
                 is
                 worth
                 the
                 while
                 to
                 examin
                 the
                 Grounds
                 of
                 their
                 Opinion
                 ,
                 and
                 it
                 will
                 appear
                 how
                 weak
                 they
                 are
                 .
              
               
                 These
                 new
                 Authors
                 affirm
                 ,
                 that
                 the
                 House
                 of
                 Commons
                 began
                 to
                 be
                 admitted
                 as
                 a
                 part
                 of
                 the
                 Parliament
                 ,
                 not
                 till
                 ●
                 49
                 H.
                 3.
                 
                 Their
                 reason
                 is
                 because
                 (
                 as
                 Mr.
                 Prin
                 says
                 ,
                 
                 in
                 his
                 Plea
                 for
                 the
                 Lords
                 fol.
                 182.
                 and
                 in
                 his
                 Preface
                 to
                 Sir
                 
                   Robert
                   Cott.
                   Abr.
                   )
                   The
                   first
                   Writ
                   of
                   Summons
                
                 of
                 any
                 Knights
                 ,
                 Citizens
                 and
                 Burgesses
                 now
                 extant
                 is
                 no
                 antienter
                 than
                 49
                 
                   H.
                   3.
                   
                   Dorso
                
                 10.
                 and
                 11.
                 
                 And
                 from
                 thence
                 he
                 concludes
                 ,
                 that
                 it
                 is
                 most
                 apparent
                 ,
                 that
                 the
                 Commons
                 had
                 no
                 Place
                 ,
                 nor
                 Votes
                 by
                 Election
                 in
                 Parliament
                 ,
                 before
                 the
                 End
                 of
                 the
                 Reign
                 of
                 H.
                 3.
                 and
                 Sir
                 
                   Robert
                   Filmer
                
                 is
                 in
                 like
                 manner
                 positive
                 in
                 it
                 in
                 his
                 Book
                 call'd
                 The
                 
                   Freeholders
                   Grand
                   Enquest
                   ,
                   fol.
                
                 18.
                 
                 and
                 they
                 both
                 cite
                 
                   Mr.
                   Seld.
                
                 and
                 Camd.
                 and
                 other
                 Learned
                 Authors
                 ,
                 and
                 Mr.
                 Dugdale
                 in
                 his
                 
                   Origines
                   Juridiciales
                   ,
                   fol.
                
                 18.
                 follows
                 them
                 in
                 it
                 .
                 It
                 is
                 true
                 Mr.
                 Selden
                 in
                 His
                 
                   Titles
                   of
                   Honour
                   ,
                   fol.
                
                 717
                 ▪
                 towards
                 the
                 end
                 of
                 that
                 fol.
                 does
                 take
                 notice
                 that
                 the
                 
                   First
                   Roll
                
                 that
                 they
                 find
                 extant
                 is
                 that
                 of
                 49
                 H.
                 3.
                 for
                 the
                 Summoning
                 of
                 the
                 Commons
                 by
                 way
                 of
                 Election
                 ;
                 
                   but
                   he
                   does
                   not
                   thence
                   conclude
                   ,
                
                 (
                 as
                 those
                 new
                 Authors
                 do
                 )
                 that
                 this
                 was
                 the
                 first
                 time
                 that
                 the
                 Commons
                 came
                 to
                 the
                 Parliament
                 by
                 Election
                 .
              
               
                 But
                 in
                 other
                 places
                 of
                 his
                 Learned
                 Book
                 ,
                 he
                 does
                 strongly
                 intimate
                 his
                 Opinion
                 to
                 be
                 that
                 the
                 Commons
                 did
                 very
                 Anciently
                 and
                 long
                 before
                 49
                 H.
                 3.
                 make
                 an
                 Essential
                 part
                 of
                 the
                 Parliament
                 ,
                 and
                 were
                 summon'd
                 to
                 it
                 ;
                 but
                 in
                 what
                 Form
                 they
                 were
                 summon'd
                 ,
                 and
                 when
                 they
                 first
                 began
                 to
                 be
                 distinguished
                 from
                 the
                 
                   Barones
                   Majores
                   ,
                   Selden
                
                 himself
                 seems
                 much
                 unresolved
                 .
              
               
                 
                   Learned
                   Camden
                
                 does
                 indeed
                 date
                 the
                 Original
                 of
                 the
                 Commons
                 as
                 a
                 part
                 of
                 the
                 Parliament
                 ,
                 and
                 as
                 now
                 Elected
                 ,
                 from
                 49
                 
                   H.
                   3.
                   fol.
                
                 13.
                 of
                 his
                 
                   Britannia
                   in
                   the
                   Edit
                   .
                   at
                   Lond.
                   An.
                
                 1600.
                 
                 But
                 let
                 us
                 take
                 notice
                 upon
                 what
                 Authority
                 he
                 does
                 it
                 .
                 He
                 says
                 he
                 has
                 it
                 
                   Ex
                   satis
                   Antiquo
                   Scriptore
                
                 ,
                 but
                 he
                 names
                 not
                 his
                 Author
                 .
              
               
                 Mr.
                 
                   Seld.
                   fol.
                
                 713.
                 says
                 ,
                 he
                 could
                 never
                 meet
                 with
                 that
                 Author
                 ,
                 and
                 professes
                 he
                 gives
                 little
                 Credit
                 to
                 that
                 Relation
                 ,
                 but
                 acknowledges
                 there
                 had
                 been
                 a
                 great
                 Change
                 in
                 the
                 Constitution
                 of
                 the
                 Parliament
                 ,
                 but
                 supposes
                 it
                 long
                 before
                 49
                 
                   H.
                   3.
                   viz.
                
                 in
                 the
                 time
                 of
                 that
                 King's
                 Father
                 (
                 King
                 John
                 )
                 and
                 that
                 it
                 was
                 done
                 by
                 a
                 Law
                 ,
                 tho'
                 the
                 Law
                 be
                 lost
                 ,
                 as
                 many
                 Rolls
                 of
                 Parliament
                 were
                 ,
                 wherein
                 those
                 Laws
                 were
                 entered
                 .
              
               
                 And
                 the
                 distinction
                 of
                 
                   Barones
                   Majores
                   &
                   Minores
                
                 he
                 supposes
                 was
                 made
                 by
                 Act
                 of
                 Parliament
                 ,
                 
                 about
                 the
                 time
                 when
                 the
                 great
                 Charter
                 of
                 King
                 John
                 was
                 made
                 at
                 Runnymead
                 viz.
                 17
                 Johannis
                 .
                 By
                 which
                 Charter
                 ,
                 some
                 of
                 the
                 
                   Barones
                   Majores
                
                 were
                 severally
                 to
                 be
                 Summon'd
                 to
                 Parliament
                 by
                 special
                 Writs
                 .
                 And
                 all
                 other
                 Tenants
                 
                   in
                   capite
                
                 ,
                 or
                 Tenants
                 by
                 Knights
                 Service
                 were
                 to
                 be
                 summon'd
                 by
                 a
                 general
                 Summons
                 directed
                 to
                 the
                 Sheriff
                 of
                 every
                 County
                 .
              
               
                 By
                 this
                 Conjecture
                 ,
                 it
                 should
                 seem
                 that
                 the
                 Court
                 of
                 Parliament
                 before
                 consisted
                 but
                 of
                 one
                 House
                 or
                 Assembly
                 .
                 And
                 it
                 is
                 generally
                 held
                 ,
                 that
                 at
                 the
                 first
                 ,
                 from
                 the
                 beginning
                 of
                 the
                 Reign
                 of
                 William
                 the
                 first
                 ,
                 till
                 that
                 Charter
                 of
                 King
                 John
                 ,
                 all
                 Tenants
                 
                   in
                   Capite
                
                 had
                 a
                 Right
                 to
                 sit
                 in
                 Parliament
                 .
                 For
                 says
                 Mr.
                 
                   Seld.
                   fol.
                   704.
                   medio
                   folii
                   .
                   Tenere
                   de
                   Rege
                   in
                   Capite
                   ,
                
                 and
                 
                   to
                   be
                   a
                   Baron
                
                 ,
                 and
                 
                   to
                   have
                   a
                   right
                   to
                   sit
                   in
                   Councils
                   or
                   Courts
                   of
                   Judgment
                   ,
                
                 are
                 Synonymies
                 .
                 That
                 great
                 Charter
                 of
                 King
                 John
                 ,
                 says
                 Seld.
                 was
                 made
                 by
                 the
                 King
                 and
                 his
                 Barons
                 ,
                 &
                 
                   liberos
                   homines
                   totius
                   Regni
                
                 ,
                 and
                 that
                 it
                 seems
                 first
                 made
                 the
                 distinction
                 .
              
               
               
                 But
                 Mr.
                 Seld.
                 does
                 by
                 no
                 means
                 leave
                 it
                 to
                 K.
                 H.
                 3.
                 or
                 his
                 Son
                 E.
                 1.
                 or
                 to
                 any
                 other
                 King
                 at
                 any
                 time
                 ,
                 to
                 send
                 his
                 special
                 Writ
                 of
                 Summons
                 to
                 such
                 of
                 the
                 Barons
                 only
                 ,
                 
                   quibus
                   ipse
                   Rex
                   dignatus
                   est
                   Brevia
                   Summonitionis
                   dirigere
                   .
                
                 As
                 Mr.
                 Camden's
                 nameless
                 Authour
                 taught
                 him
                 ,
                 and
                 from
                 Mr.
                 Camden
                 ,
                 Mr.
                 Pryn
                 ,
                 Sir
                 
                   Robert
                   Filmer
                
                 ,
                 and
                 Mr.
                 Dugdale
                 take
                 it
                 up
                 ,
                 and
                 so
                 propagate
                 that
                 Error
                 .
                 So
                 that
                 this
                 new
                 fancy
                 is
                 wholly
                 grounded
                 upon
                 the
                 Credit
                 of
                 that
                 uncertain
                 Writer
                 ,
                 whom
                 Mr.
                 Selden
                 could
                 never
                 meet
                 with
                 ,
                 and
                 to
                 whom
                 he
                 gave
                 no
                 credit
                 .
              
               
                 The
                 Argument
                 upon
                 this
                 Subject
                 ,
                 begins
                 fol.
                 701.
                 in
                 Mr.
                 
                   Seld.
                   Tit.
                   of
                   Honour
                
                 ,
                 and
                 is
                 continued
                 to
                 fol.
                 718.
                 
              
               
                 Now
                 the
                 Argument
                 taken
                 from
                 the
                 Rolls
                 of
                 Summons
                 ,
                 which
                 are
                 not
                 extant
                 before
                 the
                 time
                 of
                 49
                 H.
                 3.
                 is
                 of
                 no
                 weight
                 .
              
               
                 For
                 by
                 the
                 same
                 Argument
                 it
                 might
                 be
                 proved
                 ,
                 that
                 there
                 was
                 no
                 Parliament
                 from
                 the
                 time
                 of
                 49
                 H.
                 3.
                 till
                 23
                 E.
                 1.
                 
                 For
                 there
                 is
                 no
                 Roll
                 nor
                 no
                 other
                 Testimony
                 left
                 of
                 a
                 Summons
                 for
                 any
                 Knights
                 ,
                 Citizens
                 and
                 Burgesses
                 ,
                 from
                 49
                 H.
                 3.
                 till
                 23
                 E.
                 I.
                 And
                 yet
                 we
                 know
                 there
                 were
                 no
                 lest
                 than
                 fourteen
                 Parliaments
                 between
                 those
                 times
                 .
              
               
                 And
                 yet
                 we
                 know
                 there
                 were
                 no
                 less
                 than
                 fourteen
                 Parliaments
                 between
                 those
                 times
                 .
              
               
                 They
                 may
                 as
                 well
                 argue
                 ,
                 
                 that
                 there
                 were
                 no
                 Acts
                 of
                 Parliament
                 ,
                 nor
                 no
                 Parliament
                 till
                 9
                 H.
                 3.
                 when
                 
                   Magna
                   Charta
                
                 was
                 made
                 ,
                 because
                 there
                 are
                 no
                 Rolls
                 of
                 them
                 till
                 that
                 time
                 .
                 Whereas
                 it
                 is
                 beyond
                 all
                 dispute
                 ,
                 that
                 there
                 were
                 Parliaments
                 and
                 Acts
                 of
                 Parliament
                 long
                 before
                 ,
                 as
                 4
                 Will.
                 1.
                 when
                 the
                 Bishops
                 were
                 brought
                 in
                 to
                 hold
                 by
                 Barony
                 ,
                 (
                 as
                 Mr.
                 Seld.
                 conceives
                 )
                 and
                 some
                 in
                 H.
                 1.
                 and
                 others
                 yet
                 extant
                 in
                 History
                 ,
                 yet
                 the
                 Rolls
                 of
                 them
                 are
                 lost
                 .
                 This
                 is
                 observ'd
                 by
                 the
                 
                   Ld.
                   Ch.
                   I.
                   Vaughan
                
                 ,
                 in
                 his
                 
                   Rep
                   ▪
                   fol.
                
                 358.
                 in
                 the
                 Case
                 of
                 Thomas
                 and
                 Sorrel
                 .
              
               
                 In
                 the
                 next
                 place
                 ,
                 
                 these
                 late
                 Authors
                 proceed
                 further
                 in
                 their
                 errour
                 ,
                 and
                 maintain
                 that
                 the
                 Commons
                 had
                 no
                 further
                 power
                 in
                 Parliament
                 ,
                 than
                 what
                 the
                 King
                 and
                 the
                 Lords
                 admitted
                 them
                 unto
                 .
              
               
                 And
                 Sir
                 
                   Robert
                   Filmer
                   ,
                   fol.
                
                 40.
                 allows
                 neither
                 Lords
                 nor
                 Commons
                 any
                 Power
                 but
                 by
                 the
                 King
                 's
                 
                   bare
                   Permission
                
                 ,
                 and
                 thus
                 they
                 are
                 growing
                 in
                 their
                 Invasions
                 against
                 the
                 Court
                 of
                 Parliament
                 ,
                 and
                 impeach
                 one
                 first
                 ,
                 and
                 the
                 other
                 will
                 follow
                 more
                 easily
                 .
              
               
                 And
                 Sir
                 
                   Robert
                   Filmer
                
                 further
                 holds
                 ,
                 the
                 Legislative
                 Power
                 rests
                 solely
                 in
                 the
                 King
                 ,
                 and
                 fol.
                 39.
                 he
                 hath
                 these
                 words
                 ,
                 
                   But
                   the
                   truth
                   is
                
                 (
                 saith
                 he
                 )
                 
                   The
                   Liberties
                   and
                   Priviledges
                   of
                   both
                   Houses
                   ,
                   have
                   but
                   one
                   and
                   the
                   self-same
                   Foundation
                   ,
                   which
                   is
                   nothing
                   else
                   but
                   the
                   meer
                   and
                   sole
                   Grace
                   of
                   Kings
                   .
                
              
               
                 And
                 Doctor
                 Heylin
                 ,
                 in
                 his
                 Life
                 of
                 Arch-Bishop
                 
                   Laud
                   ,
                   fol.
                
                 91.
                 denies
                 the
                 Priviledges
                 of
                 Parliament
                 to
                 be
                 the
                 Peoples
                 Birth-Right
                 ,
                 but
                 holds
                 them
                 not
                 otherwise
                 exercis'd
                 ,
                 than
                 by
                 the
                 Grace
                 and
                 Goodness
                 of
                 the
                 King.
                 
              
               
                 Mr.
                 Pryn
                 ,
                 
                 Sir
                 
                   Robert
                   Filmer
                
                 ,
                 and
                 Mr.
                 Dugdale
                 ,
                 lay
                 great
                 stress
                 upon
                 the
                 diversity
                 that
                 is
                 in
                 the
                 Writs
                 of
                 Summons
                 ,
                 between
                 the
                 Summons
                 for
                 the
                 Lords
                 ,
                 and
                 the
                 Summons
                 for
                 the
                 Commons
                 .
              
               
               
                 
                   That
                   to
                   the
                   Lords
                
                 (
                 say
                 they
                 )
                 is
                 super
                 negottis
                 praedictis
                 tractaturi
                 vestrumque
                 consilium
                 impensuri
                 ▪
                 
                   But
                   that
                   to
                   the
                   Commons
                   ,
                   is
                
                 (
                 say
                 they
                 only
                 ad
                 faciendum
                 &
                 consentiendum
                 his
                 quae
                 tunc
                 ibidem
                 de
                 communi
                 cousilio
                 dicti
                 regni
                 contigerint
                 ordinari
                 .
              
               
                 It
                 is
                 true
                 ,
                 that
                 for
                 many
                 years
                 of
                 late
                 ,
                 that
                 distinction
                 hath
                 been
                 so
                 used
                 in
                 the
                 Summons
                 ,
                 but
                 not
                 constantly
                 so
                 .
              
               
                 As
                 to
                 this
                 point
                 ,
                 I
                 will
                 cite
                 Mr.
                 Dugdale's
                 ,
                 and
                 Mr.
                 Prin's
                 own
                 Books
                 against
                 their
                 own
                 Opinion
                 .
              
               
                 The
                 very
                 first
                 writ
                 of
                 Summons
                 ,
                 
                 which
                 as
                 they
                 say
                 is
                 now
                 extant
                 ,
                 for
                 the
                 Summoning
                 of
                 the
                 Commons
                 by
                 Election
                 ,
                 
                   viz.
                   49
                   H.
                
                 3.
                 runs
                 in
                 these
                 words
                 ,
                 
                   Nobiscum
                   ac
                   cum
                   praedictis
                   praelatis
                   &
                   magnatibus
                   nostris
                   super
                   praemissis
                   tractaturi
                   at
                   que
                   consilium
                   impensuri
                   .
                
                 Dugd.
                 Orig.
                 Jur.
                 pag
                 18.
                 
              
               
                 
                   The
                   Writ
                
                 ,
                 
                 De
                 expensis
                 Militum
                 qui
                 venerunt
                 ad
                 Parliamentum
                 venientibus
                 (
                 
                   saies
                   that
                   Writ
                
                 )
                 usque
                 ad
                 Westmonasterium
                 ibidem
                 de
                 diversis
                 neg●ciis
                 nobiscum
                 tractaturis
                 .
                 
                   See
                   Mr.
                
                 Pryn's
                 4th
                 .
                 
                   part
                   of
                   a
                   Register
                   of
                   Parliament
                   Writs
                   ,
                
                 fol.
                 8.
                 
              
               
                 In
                 Mr.
                 Ryley's
                 
                   Placita
                   Parliamentaria
                
                 ,
                 
                 it
                 appears
                 ,
                 that
                 as
                 the
                 Summons
                 to
                 the
                 Temporal
                 Lords
                 ,
                 fol.
                 318.
                 was
                 
                   ad
                   tractandum
                
                 ,
                 and
                 so
                 likewise
                 the
                 Summons
                 to
                 the
                 Prelates
                 ,
                 fol.
                 319.
                 so
                 also
                 fol.
                 320.
                 it
                 is
                 entred
                 in
                 these
                 words
                 ,
                 
                   Mandatum
                   fuit
                   singulis
                   Vicecomitibus
                   per
                   Angliam
                   quod
                   de
                   quolibet
                   comitatu
                   duos
                   milites
                   ,
                   &
                   de
                   qualibet
                   civitate
                   duos
                   cives
                   ,
                   &
                   de
                   quolibet
                   burgo
                   duos
                   Burgenses
                   eligi
                   &
                   ad
                   dictum
                   Parliamentum
                   venire
                   facerent
                   ad
                   tractandum
                   ,
                   &c.
                   
                
              
               
                 In
                 the
                 same
                 Book
                 ,
                 
                 
                   fol.
                   570.
                   
                   An.
                
                 15
                 E.
                 2.
                 there
                 is
                 mention
                 of
                 a
                 Writ
                 of
                 Summons
                 ,
                 for
                 Knights
                 out
                 of
                 Wales
                 ,
                 to
                 a
                 Parliament
                 at
                 
                   York
                   ,
                   ad
                   tractandum
                   &
                   consilium
                   impendendum
                   .
                
              
               
                 In
                 Mr.
                 Pryn's
                 
                 
                   Brevia
                   Parliamentaria
                   Rediviva
                   ,
                   fol.
                
                 274.
                 there
                 is
                 the
                 very
                 Indenture
                 return'd
                 by
                 the
                 Sheriff
                 of
                 Norsolk
                 for
                 great
                 
                   Yarmouth
                   ,
                   ad
                   tractandum
                   ,
                   consulendum
                   &
                   consentiendum
                   .
                
              
               
                 And
                 fol.
                 68.
                 
                 of
                 that
                 Book
                 ,
                 another
                 Writ
                 ,
                 
                   de
                   expensis
                   militum
                
                 ,
                 reciting
                 the
                 Cause
                 for
                 which
                 they
                 had
                 been
                 Summon'd
                 to
                 the
                 Parliament
                 ,
                 
                   viz.
                   ad
                   tractandum
                
                 ,
                 &c.
                 
              
               
                 And
                 in
                 the
                 same
                 Book
                 ,
                 fol.
                 145.
                 it
                 appears
                 that
                 18
                 E.
                 3.
                 
                 the
                 Writs
                 to
                 the
                 Sheriffs
                 for
                 chusing
                 Knights
                 ,
                 mention'd
                 what
                 their
                 work
                 was
                 to
                 be
                 ,
                 in
                 these
                 words
                 ,
                 
                   viz.
                   Nobiscum
                   ,
                   cum
                   praelatis
                   &
                   proceribus
                   praedictis
                   super
                   diversis
                   &
                   arduis
                   negotiis
                   nos
                   &
                   statum
                   regni
                   nostri
                   specialiter
                   tangentibus
                   tractaturi
                   &
                   suum
                   consilium
                   impensuri
                   .
                
              
               
                 And
                 fol.
                 147.
                 and
                 149.
                 
                 the
                 like
                 words
                 in
                 the
                 Writs
                 .
              
               
                 And
                 fol.
                 177.
                 
                 
              
               
               
                 And
                 276.
                 and
                 283.
                 and
                 381.
                 
                 Indentures
                 return'd
                 from
                 Reading
                 ,
                 
                 
                   Bristol
                   ,
                   London
                
                 ,
                 with
                 the
                 same
                 words
                 .
                 And
                 
                   ib.
                   fol.
                
                 178
                 and
                 179
                 and
                 291
                 for
                 Windsor
                 ,
                 and
                 365.
                 
                 So
                 that
                 in
                 the
                 Reigns
                 of
                 seven
                 several
                 Kings
                 ,
                 and
                 those
                 of
                 the
                 most
                 Ancient
                 Kings
                 ,
                 there
                 was
                 no
                 such
                 distinction
                 in
                 the
                 Writs
                 of
                 Summons
                 .
              
               
                 Another
                 Argument
                 used
                 by
                 these
                 late
                 Authors
                 ,
                 to
                 prove
                 that
                 the
                 whole
                 Power
                 and
                 all
                 the
                 Priviledges
                 of
                 the
                 House
                 of
                 Commons
                 ,
                 are
                 not
                 from
                 the
                 Original
                 Constitution
                 of
                 the
                 Government
                 ,
                 (
                 as
                 I
                 Affirm
                 ,
                 and
                 I
                 hope
                 have
                 proved
                 they
                 are
                 )
                 but
                 of
                 a
                 later
                 Original
                 ,
                 and
                 by
                 the
                 meer
                 Grace
                 and
                 Indulgence
                 of
                 Princes
                 (
                 as
                 indeed
                 they
                 must
                 be
                 ,
                 if
                 the
                 House
                 of
                 Commons
                 began
                 within
                 Memory
                 )
                 is
                 taken
                 
                   from
                   the
                   Words
                   and
                   Phrases
                   of
                   our
                   Historians
                   ,
                
                 
                 who
                 have
                 written
                 since
                 the
                 coming
                 in
                 of
                 the
                 Normans
                 ,
                 and
                 ascribe
                 the
                 making
                 of
                 Laws
                 ,
                 and
                 all
                 the
                 Determinations
                 and
                 Decrees
                 in
                 Matters
                 of
                 Judicature
                 ,
                 and
                 all
                 the
                 Actings
                 of
                 the
                 Ancient
                 Parliaments
                 before
                 the
                 time
                 of
                 the
                 Normans
                 ,
                 to
                 the
                 King
                 and
                 Lords
                 only
                 ,
                 Exclusive
                 to
                 the
                 Commons
                 ,
                 and
                 that
                 the
                 Commons
                 had
                 no
                 part
                 in
                 them
                 ,
                 till
                 this
                 time
                 of
                 49
                 H.
                 3.
                 
              
               
                 And
                 they
                 ground
                 this
                 Opinion
                 upon
                 the
                 Form
                 of
                 Penning
                 of
                 our
                 Ancient
                 Acts
                 of
                 Parliament
                 ,
                 
                 which
                 seem
                 by
                 the
                 Words
                 of
                 them
                 to
                 be
                 meer
                 Concessions
                 of
                 our
                 former
                 Kings
                 ,
                 and
                 to
                 have
                 proceeded
                 only
                 from
                 their
                 Royal
                 Bounty
                 ,
                 and
                 at
                 their
                 sole
                 Will
                 and
                 Pleasure
                 .
              
               
                 And
                 they
                 Confirm
                 themselves
                 in
                 that
                 Opinion
                 ,
                 
                 from
                 observing
                 the
                 Course
                 used
                 in
                 the
                 beginning
                 of
                 Parliaments
                 ,
                 when
                 the
                 Speaker
                 makes
                 his
                 humble
                 Petitions
                 to
                 the
                 King
                 for
                 the
                 Granting
                 of
                 them
                 Freedom
                 from
                 Arrests
                 ,
                 and
                 Freedom
                 of
                 Speech
                 .
              
               
                 Now
                 to
                 discover
                 the
                 Falsity
                 of
                 these
                 Grounds
                 ,
                 and
                 the
                 Weakness
                 of
                 these
                 Arguments
                 ,
                 taken
                 from
                 the
                 Words
                 and
                 Phrases
                 us'd
                 by
                 our
                 Historians
                 ,
                 I
                 shall
                 shew
                 that
                 our
                 Historians
                 who
                 have
                 written
                 since
                 the
                 time
                 of
                 the
                 coming
                 in
                 of
                 the
                 Normans
                 ,
                 and
                 have
                 Translated
                 the
                 
                   Saxon
                   Annals
                
                 ,
                 have
                 in
                 those
                 Translations
                 ,
                 instead
                 of
                 the
                 
                   Saxon
                   Titles
                
                 ,
                 used
                 the
                 Titles
                 that
                 were
                 never
                 in
                 use
                 before
                 their
                 own
                 Times
                 ,
                 which
                 Titles
                 used
                 in
                 the
                 Saxons
                 times
                 had
                 quite
                 
                   different
                   Significations
                
                 from
                 the
                 Titles
                 used
                 in
                 the
                 times
                 of
                 the
                 Translators
                 .
              
               
                 The
                 Title
                 (
                 Earl
                 )
                 for
                 Example
                 ,
                 is
                 used
                 in
                 the
                 Penning
                 of
                 the
                 Saxons
                 Laws
                 (
                 as
                 among
                 those
                 of
                 Athelstan
                 )
                 as
                 we
                 may
                 see
                 by
                 Mr.
                 Lambert
                 in
                 his
                 Book
                 
                   de
                   Priscis
                   Anglor
                   .
                   Legibus
                
                 ,
                 and
                 the
                 Title
                 (
                 Comes
                 )
                 came
                 in
                 amongst
                 us
                 since
                 ,
                 from
                 the
                 Empire
                 ;
                 and
                 signified
                 a
                 different
                 thing
                 from
                 (
                 Earl.
                 )
                 Now
                 our
                 Translators
                 mistaking
                 those
                 two
                 Titles
                 (
                 Earl
                 )
                 and
                 (
                 Comes
                 )
                 to
                 signifie
                 the
                 same
                 thing
                 ,
                 wherever
                 they
                 met
                 with
                 (
                 Earl
                 )
                 in
                 the
                 Annals
                 of
                 the
                 Saxons
                 ,
                 they
                 have
                 rendred
                 it
                 (
                 Comes
                 )
                 in
                 their
                 Translations
                 :
                 and
                 whatever
                 in
                 those
                 times
                 was
                 done
                 by
                 Earls
                 ,
                 and
                 whatever
                 Power
                 the
                 Earls
                 then
                 used
                 ,
                 is
                 by
                 our
                 Translators
                 ascribed
                 to
                 our
                 Comites
                 ,
                 
                 who
                 are
                 therefore
                 also
                 called
                 Earls
                 ,
                 when
                 in
                 Truth
                 they
                 had
                 different
                 Significations
                 ,
                 and
                 were
                 different
                 in
                 their
                 Powers
                 .
                 Mr.
                 Selden
                 takes
                 notice
                 of
                 this
                 Error
                 in
                 our
                 Norman
                 
                 or
                 English
                 Translators
                 proceeding
                 from
                 their
                 Ignorance
                 .
                 But
                 from
                 this
                 Error
                 false
                 Conclusions
                 have
                 been
                 raised
                 ,
                 and
                 false
                 Measures
                 taken
                 in
                 our
                 Discourses
                 ,
                 concerning
                 the
                 Power
                 of
                 the
                 Peers
                 .
              
               
                 Sir
                 
                   H.
                   Spelman
                
                 observes
                 the
                 same
                 Error
                 in
                 our
                 Translators
                 ,
                 in
                 rendring
                 Words
                 and
                 Titles
                 
                   Non
                   èmore
                   Saeculi
                   antiquioris
                
                 ,
                 but
                 according
                 to
                 the
                 Titles
                 used
                 in
                 their
                 own
                 times
                 ,
                 when
                 many
                 times
                 they
                 signified
                 different
                 things
                 .
                 Nobilis
                 ,
                 says
                 Mr.
                 Selden
                 ,
                 
                 in
                 the
                 Saxons
                 times
                 denoted
                 every
                 Gentleman
                 .
              
               
                 Now
                 because
                 (
                 Nobilis
                 ,
                 )
                 in
                 our
                 times
                 is
                 generally
                 restrain'd
                 to
                 Peers
                 ,
                 whom
                 we
                 call
                 the
                 (
                 Nobility
                 ,
                 )
                 our
                 New
                 Writers
                 ,
                 as
                 Mr.
                 Pryn
                 ,
                 and
                 Sir
                 
                   Robert
                   Filmer
                
                 ,
                 and
                 several
                 others
                 ,
                 ascribe
                 all
                 to
                 the
                 Earls
                 and
                 Barons
                 and
                 other
                 Peers
                 of
                 our
                 times
                 ,
                 which
                 they
                 read
                 in
                 the
                 Translations
                 of
                 the
                 
                   Saxon
                   Annals
                
                 ,
                 to
                 be
                 acted
                 by
                 those
                 that
                 are
                 called
                 (
                 Nobiles
                 )
                 in
                 those
                 Annals
                 .
                 Altho'
                 in
                 truth
                 in
                 those
                 Saxon
                 times
                 ,
                 they
                 were
                 acted
                 by
                 the
                 middle
                 sort
                 of
                 Persons
                 ,
                 as
                 well
                 as
                 by
                 those
                 of
                 the
                 highest
                 sort
                 of
                 Dignity
                 under
                 the
                 King.
                 
              
               
                 Those
                 Translators
                 misled
                 our
                 new
                 Authors
                 .
                 For
                 the
                 Norman
                 Writers
                 translate
                 the
                 Word
                 (
                 Thanes
                 )
                 into
                 (
                 Barones
                 )
                 and
                 these
                 new
                 Authors
                 of
                 ours
                 ,
                 whatever
                 they
                 find
                 in
                 these
                 Translations
                 to
                 be
                 related
                 of
                 the
                 (
                 Barones
                 )
                 they
                 limit
                 it
                 as
                 a
                 Peculiar
                 to
                 our
                 present
                 (
                 Barons
                 )
                 and
                 so
                 ascribe
                 all
                 judicial
                 Power
                 antiently
                 used
                 in
                 Parliament
                 to
                 the
                 Barons
                 only
                 .
                 And
                 they
                 bring
                 those
                 Historians
                 and
                 Translators
                 for
                 a
                 Proof
                 .
              
               
                 For
                 Example
                 ,
                 The
                 Saxon
                 Title
                 (
                 Thanes
                 )
                 was
                 in
                 the
                 Saxon
                 times
                 applyed
                 to
                 all
                 Lords
                 of
                 Mannors
                 .
                 But
                 the
                 Translators
                 of
                 the
                 
                   Saxon
                   Annals
                
                 ,
                 translating
                 the
                 Title
                 (
                 Thanes
                 )
                 into
                 (
                 Barones
                 )
                 Our
                 Innovators
                 apply
                 all
                 that
                 in
                 Saxon
                 Writers
                 is
                 said
                 to
                 be
                 done
                 by
                 the
                 (
                 Thanes
                 )
                 that
                 is
                 ,
                 all
                 Lords
                 of
                 Mannors
                 ,
                 as
                 peculiarly
                 belonging
                 to
                 the
                 Power
                 of
                 the
                 Barons
                 in
                 our
                 times
                 .
              
               
                 Hence
                 it
                 is
                 that
                 Sir
                 
                   E.
                   C.
                
                 cautions
                 us
                 against
                 taking
                 Reports
                 of
                 Law
                 from
                 Historians
                 :
                 in
                 his
                 Preface
                 to
                 the
                 
                   3d.
                   Rep.
                
                 he
                 calls
                 it
                 Chronicle
                 Law.
                 
              
               
                 The
                 Word
                 (
                 Baro
                 )
                 was
                 not
                 in
                 use
                 in
                 England
                 till
                 the
                 Normans
                 times
                 ,
                 and
                 the
                 Root
                 of
                 it
                 (
                 as
                 Mr.
                 Seld.
                 and
                 Camd.
                 and
                 Sir
                 
                   H.
                   Spelm.
                
                 teach
                 us
                 )
                 is
                 from
                 the
                 Northern
                 Language
                 (
                 Barn
                 )
                 which
                 signifies
                 the
                 Male
                 Sex
                 ,
                 as
                 when
                 we
                 put
                 Cases
                 of
                 Baron
                 and
                 Feme
                 ;
                 or
                 it
                 signifies
                 (
                 
                   a
                   Freeholder
                
                 )
                 hence
                 come
                 the
                 Words
                 
                   Courts
                   Baron
                
                 .
              
               
                 
                   Nomine
                   Baronagii
                
                 (
                 says
                 
                   Camd.
                   Eliz.
                   Edit
                   .
                   Lond.
                   An.
                   1600.
                   fol.
                
                 137.
                 )
                 
                   omnes
                   quodammodo
                   Regni
                   Ordines
                   continebantur
                
                 .
                 It
                 comprehended
                 the
                 Gentry
                 as
                 well
                 as
                 the
                 greatest
                 Persons
                 .
                 
                 After
                 this
                 manner
                 Godwin
                 in
                 his
                 
                   Roman
                   Antiquities
                
                 speaking
                 of
                 the
                 Roman
                 Magistrates
                 ,
                 Translates
                 the
                 Words
                 (
                 
                   Triumviri
                   capitales
                
                 )
                 into
                 (
                 3.
                 
                 
                   High
                   Sheriffs
                
                 )
                 but
                 this
                 affords
                 no
                 Argument
                 ,
                 that
                 what
                 was
                 done
                 by
                 the
                 Triumviri
                 among
                 the
                 Romans
                 ,
                 may
                 therefore
                 lawfully
                 belong
                 to
                 the
                 power
                 of
                 High
                 Sheriffs
                 among
                 us
                 .
              
               
               
                 And
                 so
                 the
                 Words
                 
                   Proceres
                   ,
                   Magnates
                   ,
                   Optimates
                   ,
                   Nobiles
                   ,
                
                 and
                 such
                 like
                 ,
                 were
                 not
                 in
                 the
                 Writers
                 of
                 the
                 Saxons
                 times
                 restrain'd
                 to
                 Men
                 of
                 the
                 highest
                 rank
                 then
                 ,
                 such
                 as
                 our
                 Earls
                 and
                 Barons
                 are
                 now
                 ,
                 but
                 to
                 all
                 Persons
                 of
                 the
                 better
                 sort
                 ,
                 tho'
                 not
                 of
                 the
                 highest
                 rank
                 ,
                 not
                 only
                 to
                 Patricians
                 ,
                 and
                 those
                 of
                 the
                 Senatorian
                 order
                 ,
                 but
                 to
                 those
                 also
                 that
                 were
                 
                   Equestris
                   ordinis
                
                 .
                 Excluding
                 none
                 but
                 the
                 
                   Ignota
                   capita
                
                 ,
                 or
                 
                   sine
                   Nomine
                   turba
                
                 ,
                 such
                 as
                 the
                 Romans
                 styled
                 
                   Plebeians
                   .
                   Magnates
                   &
                   Proceres
                
                 ,
                 are
                 said
                 to
                 make
                 the
                 Stat.
                 of
                 Mortmain
                 ,
                 but
                 we
                 all
                 know
                 that
                 the
                 Parliament
                 that
                 made
                 it
                 ,
                 consisted
                 then
                 of
                 King
                 ,
                 Lords
                 ,
                 and
                 Commons
                 .
              
               
                 The
                 great
                 Charter
                 made
                 17
                 of
                 K.
                 John
                 appears
                 by
                 the
                 body
                 of
                 the
                 Charter
                 it self
                 to
                 have
                 been
                 made
                 
                   per
                   Regem
                   ,
                   Barones
                   ,
                   &
                   liberos
                   Homines
                   totius
                   Regni
                
                 ;
                 so
                 that
                 it
                 is
                 most
                 plain
                 it
                 was
                 not
                 made
                 by
                 the
                 King
                 and
                 the
                 Barons
                 only
                 ,
                 as
                 Mr.
                 Seld.
                 observes
                 in
                 his
                 
                   Tit.
                   of
                   Honour
                   ,
                   fol.
                
                 709.
                 and
                 there
                 he
                 refers
                 to
                 the
                 
                   Close
                   Rolle
                   17
                   Johannis
                   dorso
                   memb
                   .
                
                 22
                 Yet
                 K.
                 H.
                 3.
                 speaking
                 of
                 this
                 Meeting
                 ,
                 calls
                 it
                 
                   Baronagium
                   Angliae
                
                 ,
                 and
                 
                   rot
                   .
                   claus
                   .
                   28
                   H.
                   3.
                   
                   Pars
                   unica
                   membr
                   .
                   12.
                   dorso
                   ,
                
                 it
                 is
                 call'd
                 
                   Parliamentum
                   de
                   Runni-meade
                   quod
                   fuit
                   inter
                   Dominum
                   Regem
                   Johannem
                   &
                   Barones
                   suos
                   Angliae
                   .
                
              
               
                 As
                 for
                 the
                 other
                 gross
                 mistake
                 ,
                 
                 
                   That
                   the
                   Power
                   of
                   making
                   Laws
                   rests
                   only
                   in
                   the
                   King
                   ,
                
                 (
                 as
                 Sir
                 
                   Robert
                   Filmer
                
                 would
                 have
                 it
                 ,
                 )
                 which
                 he
                 proves
                 from
                 the
                 Titles
                 of
                 Acts
                 of
                 Parliament
                 ,
                 and
                 the
                 Forms
                 of
                 those
                 Acts
                 being
                 by
                 way
                 of
                 Charter
                 and
                 Grant
                 from
                 our
                 Kings
                 in
                 ancient
                 times
                 ,
                 as
                 that
                 of
                 
                   Magna
                   Charta
                   DOMINVS
                   REX
                   CONCESSIT
                
                 ;
                 and
                 the
                 Stat.
                 
                   De
                   donis
                   conditionalibus
                   ,
                   DOMINVS
                   REX
                   statuit
                   ,
                
                 sure
                 he
                 was
                 no
                 Lawyer
                 that
                 used
                 this
                 Argument
                 ,
                 and
                 he
                 never
                 read
                 the
                 Prince's
                 Case
                 .
              
               
                 Nor
                 Sir
                 
                   E.
                   C.
                   2.
                   
                   Inst.
                
                 nor
                 shall
                 I
                 need
                 to
                 labour
                 in
                 the
                 consutation
                 of
                 this
                 Errour
                 ,
                 the
                 fallacy
                 of
                 it
                 being
                 so
                 well
                 known
                 to
                 every
                 Man
                 that
                 wears
                 a
                 Gown
                 .
                 As
                 for
                 that
                 Stat
                 of
                 
                   Mag.
                   Char.
                
                 whereby
                 the
                 King
                 only
                 seems
                 to
                 speak
                 ,
                 and
                 all
                 that
                 is
                 ordain'd
                 by
                 that
                 Stat.
                 runs
                 in
                 the
                 language
                 of
                 the
                 King's
                 Concessions
                 only
                 ;
                 yet
                 we
                 know
                 the
                 Stat.
                 of
                 15
                 
                   E.
                   3.
                   c.
                
                 1.
                 which
                 confirms
                 it
                 ,
                 says
                 of
                 it
                 ,
                 that
                 it
                 was
                 ordain'd
                 by
                 the
                 King
                 ,
                 Lords
                 ,
                 and
                 Commons
                 .
                 The
                 Stat.
                 of
                 28
                 
                   E.
                   1.
                   c.
                
                 8.
                 and
                 c.
                 13.
                 hath
                 these
                 words
                 ,
                 
                 
                   viz.
                   The
                   King
                   hath
                   granted
                   unto
                   his
                   People
                   that
                   they
                   shall
                   have
                   Election
                   of
                   their
                   Sheriffs
                   every
                   year
                   ,
                   if
                   they
                   list
                   .
                
                 One
                 would
                 take
                 this
                 to
                 be
                 a
                 most
                 gracious
                 Liberty
                 ,
                 and
                 an
                 high
                 Condescension
                 if
                 it
                 should
                 be
                 granted
                 now
                 adays
                 .
              
               
                 And
                 our
                 Innovators
                 would
                 be
                 apt
                 to
                 conclude
                 from
                 the
                 words
                 of
                 this
                 Act
                 and
                 from
                 the
                 Penning
                 of
                 it
                 ,
                 that
                 the
                 People
                 once
                 had
                 this
                 mighty
                 Priviledge
                 meerly
                 as
                 a
                 Boon
                 from
                 the
                 King
                 ,
                 and
                 by
                 virtue
                 of
                 his
                 Grant.
                 Whereas
                 there
                 is
                 nothing
                 more
                 certain
                 and
                 clear
                 than
                 that
                 the
                 Freeholders
                 (
                 who
                 are
                 often
                 call'd
                 the
                 People
                 ,
                 and
                 are
                 the
                 true
                 Proprietors
                 of
                 the
                 Nation
                 and
                 Land
                 )
                 had
                 originally
                 and
                 from
                 the
                 
                 very
                 first
                 Constitution
                 of
                 the
                 Nation
                 ,
                 the
                 Election
                 not
                 only
                 of
                 all
                 Sheriffs
                 ,
                 but
                 of
                 all
                 other
                 Magistrates
                 Civil
                 or
                 Military
                 that
                 had
                 any
                 Authority
                 over
                 them
                 under
                 the
                 King
                 ;
                 so
                 that
                 they
                 had
                 a
                 mighty
                 Freedom
                 in
                 the
                 very
                 Constitution
                 of
                 the
                 Nation
                 ,
                 and
                 this
                 overthrows
                 all
                 the
                 wild
                 Fancies
                 of
                 Sir
                 
                   Robert
                   Filmer
                
                 ,
                 and
                 Dr.
                 Heylin
                 ,
                 and
                 some
                 later
                 Doctors
                 ,
                 as
                 if
                 all
                 were
                 deriv'd
                 from
                 meer
                 Grace
                 and
                 Bounty
                 ,
                 and
                 many
                 other
                 Deductions
                 might
                 be
                 made
                 from
                 the
                 knowledge
                 of
                 this
                 .
              
               
                 The
                 Freeholders
                 had
                 originally
                 the
                 Election
                 of
                 the
                 
                   Conservators
                   of
                   the
                   Peace
                
                 ,
                 who
                 are
                 become
                 out
                 of
                 date
                 by
                 introducing
                 our
                 present
                 
                   Justices
                   of
                   Peace
                
                 ,
                 who
                 have
                 their
                 Power
                 not
                 by
                 the
                 Elect.
                 of
                 the
                 Freeholders
                 ,
                 or
                 are
                 they
                 of
                 their
                 Nomination
                 (
                 as
                 anciently
                 )
                 but
                 nominated
                 by
                 the
                 King
                 ,
                 and
                 have
                 their
                 Power
                 by
                 special
                 Commission
                 under
                 the
                 great
                 Seal
                 ;
                 and
                 how
                 ,
                 and
                 by
                 what
                 means
                 ,
                 and
                 in
                 what
                 tempered
                 times
                 this
                 came
                 about
                 ,
                 and
                 that
                 this
                 freedom
                 was
                 gain'd
                 from
                 the
                 Freeholders
                 of
                 England
                 ,
                 you
                 may
                 read
                 in
                 Mr.
                 Lambard
                 ,
                 in
                 his
                 
                   Eirenarcha
                   ,
                   fol.
                
                 16.
                 19.
                 20.
                 147.
                 
                 It
                 was
                 done
                 by
                 Act
                 of
                 Parliament
                 ,
                 in
                 the
                 beginning
                 of
                 K.
                 
                   E.
                   3d
                
                 ,
                 and
                 in
                 his
                 Infancy
                 ,
                 when
                 his
                 Mother
                 Q.
                 Isabel
                 ruled
                 all
                 .
              
               
                 The
                 Freeholders
                 originally
                 and
                 from
                 all
                 antiquity
                 did
                 likewise
                 by
                 Writ
                 at
                 the
                 County-Court
                 styled
                 
                   in
                   pleno
                   Folkmote
                
                 chuse
                 the
                 Heretochii
                 ;
                 What
                 were
                 those
                 ?
                 that
                 sounds
                 like
                 a
                 strange
                 word
                 .
                 I
                 will
                 imitate
                 our
                 Norman
                 or
                 English
                 Translators
                 in
                 the
                 translation
                 of
                 the
                 Saxon
                 Annals
                 ,
                 and
                 render
                 it
                 into
                 the
                 English
                 style
                 :
                 you
                 may
                 by
                 that
                 rule
                 call
                 them
                 
                   Lords
                   Lieutenants
                
                 ,
                 or
                 
                   Deputy
                   Lieutenants
                
                 ;
                 for
                 the
                 Saxon
                 Laws
                 tell
                 you
                 their
                 duty
                 or
                 office
                 ,
                 they
                 were
                 the
                 
                   Ductores
                   Exercitus
                
                 .
              
               
                 See
                 Lamb.
                 de
                 priscis
                 Anglor
                 .
                 Legibus
                 ,
                 
                   in
                   his
                
                 ch
                 .
                 de
                 Heterochiis
                 ,
                 fol.
                 147
              
               
                 All
                 these
                 great
                 Officers
                 were
                 chosen
                 by
                 the
                 Freeholders
                 ,
                 as
                 our
                 Knights
                 of
                 the
                 Shire
                 are
                 ,
                 and
                 as
                 Coroners
                 and
                 Verderers
                 (
                 formerly
                 Men
                 of
                 great
                 Power
                 )
                 are
                 chosen
                 by
                 Writ
                 at
                 the
                 County-Court
                 to
                 this
                 day
                 .
              
               
                 These
                 were
                 mighty
                 Powers
                 and
                 Freedoms
                 ,
                 and
                 enjoyed
                 by
                 the
                 People
                 as
                 anciently
                 as
                 any
                 of
                 our
                 Records
                 reach
                 ,
                 and
                 are
                 more
                 authentique
                 Proofs
                 than
                 the
                 writings
                 of
                 Historians
                 ,
                 and
                 best
                 shew
                 the
                 Native
                 Freedom
                 that
                 the
                 People
                 had
                 by
                 the
                 ancient
                 Constitution
                 of
                 our
                 Government
                 ,
                 contrary
                 to
                 all
                 the
                 new
                 Doctrines
                 of
                 our
                 late
                 Writers
                 ,
                 and
                 prove
                 that
                 the
                 Priviledges
                 and
                 Freedoms
                 we
                 yet
                 enjoy
                 are
                 not
                 meer
                 Emanations
                 of
                 Royal
                 Favour
                 ,
                 as
                 our
                 Novellists
                 would
                 impose
                 upon
                 us
                 .
              
               
                 See
                 Sir
                 
                   E.
                   C.
                
                 to
                 this
                 purpose
                 .
                 2.
                 
                 Inst.
                 174.
                 
                 &
                 558.
                 
              
               
                 
                   I
                   could
                   name
                   some
                   great
                   Men
                   that
                   have
                   lately
                   used
                   the
                   same
                   language
                   in
                   Books
                   publish'd
                
                 
                 sub
                 magni
                 Nominis
                 umbra
                 .
                 Bracton
                 
                   who
                   liv'd
                   in
                   the
                   time
                   of
                   K.
                
                 H.
                 3.
                 l.
                 1.
                 c.
                 1.
                 fol.
                 1.
                 affirms
                 Legis
                 vigorem
                 habet
                 quicquid
                 de
                 consilio
                 &
                 consensu
                 magnatum
                 &
                 Reipub.
                 Communi
                 sponsione
                 (
                 authoritate
                 Regis
                 praecedente
                 )
                 juste
                 fuerit
                 definitum
                 &
                 approbatum
                 .
              
               
               
                 In
                 the
                 last
                 place
                 ,
                 that
                 humble
                 and
                 modest
                 way
                 of
                 the
                 People's
                 addressing
                 to
                 their
                 Sovereign
                 either
                 for
                 the
                 making
                 of
                 Laws
                 (
                 which
                 has
                 been
                 very
                 ancient
                 )
                 or
                 for
                 granting
                 of
                 Priviledges
                 (
                 as
                 the
                 Speaker
                 of
                 the
                 Commons
                 hath
                 of
                 late
                 years
                 done
                 )
                 it
                 shews
                 indeed
                 great
                 Reverence
                 ,
                 and
                 I
                 do
                 not
                 in
                 the
                 least
                 dislike
                 it
                 ;
                 and
                 it
                 becomes
                 the
                 Majesty
                 of
                 the
                 Prince
                 to
                 be
                 so
                 address'd
                 to
                 ;
                 but
                 let
                 it
                 not
                 be
                 made
                 an
                 argument
                 that
                 either
                 the
                 Laws
                 thereupon
                 made
                 ,
                 or
                 the
                 Priviledges
                 so
                 allow'd
                 ,
                 are
                 precarious
                 ,
                 and
                 meerly
                 of
                 Favour
                 ,
                 and
                 may
                 be
                 refus'd
                 them
                 .
              
               
                 I
                 would
                 be
                 loth
                 to
                 pay
                 Wages
                 and
                 to
                 maintain
                 at
                 my
                 Charges
                 every
                 one
                 that
                 styles
                 himself
                 my
                 humble
                 Servant
                 .
              
               
                 In
                 that
                 Act
                 of
                 Parliament
                 Intituled
                 ,
                 
                 
                   The
                   Petition
                   of
                   Right
                
                 ,
                 the
                 Title
                 corrects
                 and
                 qualifies
                 it self
                 ,
                 3
                 Car.
                 1.
                 the
                 Lords
                 and
                 Commons
                 petition'd
                 the
                 King
                 ,
                 but
                 it
                 was
                 for
                 their
                 
                   Rights
                   and
                   Priviledges
                
                 ;
                 not
                 for
                 any
                 new
                 ,
                 but
                 for
                 their
                 
                   ancient
                   Rights
                   and
                   Priviledges
                
                 ,
                 and
                 yet
                 they
                 style
                 it
                 a
                 Petition
                 .
              
               
                 In
                 the
                 Title
                 of
                 this
                 Act
                 (
                 the
                 Petition
                 of
                 Right
                 )
                 those
                 
                   res
                   olim
                   ,
                   insociabiles
                
                 ,
                 sc.
                 
                   Imperium
                   &
                   Libertas
                
                 are
                 
                   bene
                   mixtae
                
                 :
                 and
                 from
                 hence
                 is
                 a
                 mixt
                 Monarchy
                 .
              
               
                 In
                 the
                 Stat.
                 of
                 Provisors
                 ,
                 
                 25
                 E.
                 3.
                 the
                 Commons
                 prayed
                 ;
                 they
                 are
                 fond
                 of
                 the
                 word
                 ,
                 and
                 I
                 commend
                 it
                 in
                 them
                 ;
                 but
                 the
                 word
                 was
                 used
                 by
                 the
                 Figure
                 Catachresis
                 ,
                 as
                 the
                 Scholars
                 call
                 it
                 ;
                 not
                 properly
                 ,
                 as
                 appears
                 by
                 the
                 Subject
                 matter
                 of
                 that
                 Act
                 that
                 follows
                 ;
                 what
                 was
                 it
                 ,
                 I
                 pray
                 ,
                 that
                 they
                 so
                 prayed
                 ?
                 They
                 prayed
                 (
                 says
                 that
                 Act
                 )
                 That
                 upon
                 the
                 mischiefs
                 that
                 happen
                 to
                 the
                 Realm
                 ,
                 the
                 King
                 ought
                 ,
                 and
                 is
                 
                   bound
                   by
                   his
                   Oath
                
                 ,
                 with
                 the
                 
                   accord
                   of
                   his
                   People
                
                 in
                 his
                 Parliament
                 ,
                 thereof
                 to
                 make
                 Remedy
                 and
                 Law.
                 The
                 Peers
                 are
                 here
                 included
                 in
                 the
                 People
                 ;
                 so
                 that
                 the
                 word
                 prayed
                 had
                 it
                 been
                 used
                 to
                 any
                 other
                 than
                 the
                 King
                 ,
                 had
                 signified
                 
                   remonstrated
                   ,
                   declared
                
                 ,
                 or
                 represented
                 .
              
               
                 This
                 proves
                 too
                 where
                 the
                 transcendent
                 Power
                 of
                 the
                 Legislature
                 is
                 ,
                 and
                 that
                 the
                 Exercise
                 of
                 it
                 ,
                 tho'
                 it
                 be
                 free
                 and
                 not
                 subject
                 to
                 coercion
                 ,
                 yet
                 it
                 is
                 not
                 at
                 will
                 and
                 pleasure
                 in
                 the
                 Exercise
                 of
                 it
                 ,
                 but
                 guided
                 by
                 Rules
                 .
              
               
                 And
                 tho'
                 the
                 Speaker
                 does
                 (
                 upon
                 his
                 being
                 approv'd
                 of
                 by
                 the
                 King
                 )
                 make
                 it
                 his
                 humble
                 Petition
                 to
                 have
                 Liberty
                 of
                 Speech
                 allow'd
                 the
                 Commons
                 ;
                 from
                 whence
                 Dr.
                 Heylin
                 .
                 and
                 Sir
                 
                   Rob.
                   Filmer
                
                 ,
                 and
                 others
                 ,
                 infer
                 that
                 the
                 Commons
                 enjoy
                 that
                 Liberty
                 meerly
                 by
                 the
                 King's
                 Grace
                 and
                 Favour
                 ;
                 yet
                 they
                 are
                 clearly
                 answear'd
                 by
                 the
                 words
                 that
                 accompany
                 that
                 humble
                 Petition
                 ,
                 he
                 prays
                 they
                 may
                 be
                 allow'd
                 that
                 Freedom
                 ,
                 
                 
                   as
                   of
                   Right
                   and
                   Custome
                
                 they
                 have
                 Vsed
                 ,
                 and
                 all
                 their
                 Antient
                 and
                 
                   Just
                   Priviledges
                
                 and
                 Liberties
                 .
                 So
                 that
                 this
                 from
                 the
                 Speaker
                 is
                 also
                 a
                 Petition
                 of
                 Right
                 .
              
               
                 Nor
                 is
                 this
                 request
                 of
                 the
                 Speakers
                 antient
                 in
                 the
                 use
                 of
                 it
                 ,
                 if
                 we
                 may
                 believe
                 Mr.
                 Hakewel
                 ,
                 in
                 his
                 Treatise
                 of
                 the
                 manner
                 of
                 Enacting
                 Statutes
                 in
                 Parliament
                 ,
                 fol.
                 136.
                 
              
               
                 
                   Thomas
                   Moyle
                
                 Speaker
                 ,
                 34
                 H.
                 8.
                 the
                 first
                 that
                 is
                 recorded
                 to
                 have
                 made
                 Petition
                 for
                 Freedom
                 of
                 Speech
                 .
              
               
               
                 I
                 hope
                 I
                 have
                 sufficiently
                 made
                 it
                 out
                 ,
                 that
                 the
                 House
                 of
                 Commons
                 as
                 a
                 Member
                 of
                 the
                 High
                 Court
                 of
                 Parliament
                 ,
                 are
                 not
                 of
                 so
                 late
                 an
                 Original
                 ,
                 as
                 49
                 H.
                 3.
                 but
                 have
                 been
                 as
                 Antient
                 as
                 the
                 Nation
                 it self
                 ,
                 and
                 may
                 in
                 the
                 Sence
                 of
                 
                   Julius
                   Caesar
                
                 in
                 his
                 Comment
                 .
                 be
                 accounted
                 among
                 the
                 Ab-Origines
                 ,
                 and
                 that
                 they
                 have
                 had
                 a
                 perpetual
                 Being
                 ,
                 to
                 speak
                 in
                 the
                 Language
                 of
                 the
                 Law
                 ,
                 
                   temps
                   dont
                   ,
                   &c.
                   à
                   tempore
                   cujus
                   contrarii
                   memoria
                   hominum
                   non
                   existit
                   ,
                
                 and
                 that
                 they
                 are
                 therefore
                 capable
                 by
                 Law
                 (
                 together
                 with
                 the
                 rest
                 of
                 the
                 three
                 Estates
                 in
                 Parliament
                 )
                 to
                 prescribe
                 and
                 claim
                 a
                 share
                 in
                 all
                 Parliamentary
                 Powers
                 and
                 Priviledges
                 ;
                 I
                 do
                 not
                 mean
                 separately
                 ,
                 but
                 in
                 conjunction
                 with
                 those
                 other
                 Estates
                 ,
                 which
                 they
                 could
                 not
                 otherwise
                 legally
                 have
                 done
                 ,
                 if
                 their
                 Originall
                 and
                 Commencement
                 could
                 have
                 been
                 shown
                 .
              
               
                 I
                 shall
                 in
                 the
                 next
                 place
                 endeavour
                 to
                 make
                 it
                 evident
                 ,
                 
                 That
                 the
                 three
                 Estates
                 of
                 Parliament
                 are
                 one
                 entire
                 Body
                 and
                 Corporation
                 ;
                 and
                 that
                 all
                 their
                 Powers
                 and
                 Priviledges
                 in
                 the
                 Right
                 of
                 them
                 ,
                 and
                 in
                 the
                 Title
                 to
                 them
                 ,
                 are
                 intire
                 ,
                 
                   per
                   my
                   &
                   per
                   tout
                
                 ,
                 and
                 belonging
                 to
                 the
                 whole
                 Body
                 of
                 the
                 Parliament
                 ,
                 tho'
                 in
                 the
                 Exercise
                 of
                 those
                 Powers
                 ,
                 and
                 sometimes
                 in
                 the
                 claim
                 of
                 them
                 they
                 are
                 distinguish'd
                 ,
                 and
                 in
                 the
                 practice
                 of
                 their
                 Powers
                 ,
                 they
                 are
                 in
                 many
                 things
                 distributed
                 into
                 parts
                 .
              
               
                 For
                 their
                 Powers
                 are
                 one
                 thing
                 ,
                 and
                 their
                 Priviledges
                 are
                 another
                 ;
                 the
                 latter
                 are
                 but
                 an
                 incident
                 or
                 attendant
                 upon
                 the
                 former
                 .
              
               
                 It
                 is
                 very
                 material
                 in
                 our
                 present
                 case
                 to
                 have
                 this
                 matter
                 consider'd
                 ,
                 I
                 mean
                 the
                 Intireness
                 of
                 this
                 High
                 Court
                 ;
                 for
                 
                   Divide
                   &
                   Impera
                
                 :
                 The
                 Faggot
                 is
                 easily
                 broken
                 when
                 first
                 the
                 Band
                 is
                 broken
                 .
                 If
                 this
                 be
                 well
                 consider'd
                 ,
                 the
                 consequence
                 of
                 this
                 Case
                 will
                 be
                 better
                 understood
                 .
              
               
                 It
                 concerns
                 the
                 Defendant
                 only
                 by
                 name
                 and
                 more
                 immediately
                 ,
                 but
                 in
                 the
                 right
                 and
                 near
                 consequence
                 ,
                 it
                 is
                 now
                 most
                 evident
                 ,
                 that
                 it
                 nearly
                 concerns
                 the
                 House
                 of
                 Lords
                 :
                 this
                 Information
                 of
                 Mr.
                 Attornies
                 ,
                 like
                 a
                 Terrae-motus
                 ,
                 or
                 as
                 that
                 great
                 Blast
                 would
                 have
                 done
                 (
                 had
                 not
                 Almighty
                 God
                 ,
                 in
                 his
                 Infinite
                 Goodness
                 to
                 this
                 Nation
                 ,
                 prevented
                 it
                 )
                 shakes
                 the
                 Foundation
                 of
                 both
                 Houses
                 ,
                 and
                 reaches
                 to
                 all
                 future
                 Parliaments
                 ;
                 it
                 frights
                 me
                 to
                 speak
                 what
                 may
                 be
                 the
                 effects
                 of
                 it
                 ,
                 if
                 it
                 should
                 prevail
                 and
                 be
                 stretch'd
                 to
                 the
                 utmost
                 .
                 I
                 am
                 far
                 from
                 saying
                 or
                 thinking
                 it
                 is
                 so
                 intended
                 .
                 But
                 who
                 knows
                 how
                 far
                 a
                 single
                 Precedent
                 will
                 be
                 made
                 use
                 of
                 in
                 times
                 to
                 come
                 ?
              
               
                 All
                 the
                 Estates
                 ,
                 in
                 Parliament
                 ,
                 are
                 all
                 called
                 by
                 one
                 common
                 name
                 ,
                 
                 as
                 
                   Commune
                   Concillum
                   Regni
                   ,
                   Magna
                   Curia
                   ,
                
                 They
                 are
                 one
                 
                   Body
                   Politick
                   ,
                   M.
                   14
                   H.
                   8.
                   fol.
                
                 3.
                 in
                 the
                 year-book
                 (
                 which
                 I
                 cited
                 before
                 to
                 another
                 purpose
                 )
                 it
                 is
                 said
                 by
                 
                   Fineux
                   Ch.
                   I.
                
                 that
                 the
                 Parliament
                 
                   at
                   the
                   Common-Law
                
                 ,
                 consists
                 of
                 the
                 King
                 ,
                 Lords
                 ,
                 and
                 Commons
                 ,
                 and
                 they
                 are
                 (
                 
                   saies
                   he
                
                 )
                 but
                 
                   one
                   Body
                   Corporate
                
                 .
              
               
                 This
                 proves
                 likewise
                 (
                 what
                 I
                 before
                 argued
                 )
                 that
                 the
                 Commons
                 at
                 the
                 Common-Law
                 (
                 which
                 is
                 
                   ab
                   initio
                
                 )
                 were
                 a
                 part
                 of
                 the
                 Parliament
                 .
              
               
               
                 In
                 the
                 Case
                 of
                 Ferrers
                 out
                 of
                 
                   Crompt
                   .
                   Jurisd
                
                 .
                 of
                 Courts
                 ,
                 
                 fol.
                 8
                 ,
                 9
                 ,
                 10.
                 (
                 for
                 I
                 keep
                 within
                 my
                 proper
                 Element
                 ,
                 and
                 move
                 in
                 my
                 Sphere
                 ,
                 and
                 cite
                 Authors
                 of
                 our
                 own
                 Science
                 of
                 the
                 Common-Law
                 )
                 K.
                 H.
                 the
                 8th
                 .
                 call'd
                 before
                 him
                 the
                 Lord
                 Chancellor
                 ,
                 the
                 Judges
                 ,
                 the
                 Speaker
                 of
                 the
                 House
                 of
                 Commons
                 ,
                 and
                 others
                 ,
                 and
                 thus
                 express'd
                 himself
                 before
                 them
                 ,
                 viz.
                 That
                 he
                 was
                 inform'd
                 by
                 his
                 Judges
                 ,
                 that
                 he
                 the
                 King
                 as
                 Head
                 ,
                 and
                 the
                 two
                 Houses
                 as
                 Members
                 ,
                 were
                 knit
                 together
                 in
                 
                   one
                   Body
                   Politick
                
                 ,
                 so
                 as
                 whatsoever
                 Offence
                 or
                 Injury
                 (
                 during
                 time
                 of
                 Parliament
                 )
                 is
                 offer'd
                 to
                 the
                 meanest
                 Member
                 of
                 the
                 House
                 ,
                 is
                 to
                 be
                 judged
                 as
                 done
                 to
                 the
                 King's
                 Person
                 and
                 the
                 
                   Whole
                   Court
                   of
                   Parliament
                
                 .
                 And
                 Sir
                 
                   Edward
                   Mountague
                
                 the
                 
                   Ld.
                   Ch.
                   I.
                
                 then
                 present
                 ,
                 confirm'd
                 all
                 that
                 the
                 King
                 had
                 said
                 ,
                 and
                 it
                 was
                 assented
                 to
                 by
                 all
                 the
                 rest
                 of
                 the
                 Judges
                 .
                 Now
                 if
                 you
                 bruise
                 or
                 pierce
                 the
                 hands
                 ;
                 (
                 and
                 the
                 House
                 of
                 Commons
                 may
                 well
                 be
                 compar'd
                 to
                 the
                 hands
                 ,
                 for
                 they
                 have
                 been
                 the
                 Liberal
                 Hands
                 ,
                 and
                 the
                 Hands
                 feed
                 the
                 Head
                 )
                 the
                 Head
                 and
                 all
                 the
                 rest
                 of
                 the
                 Body
                 must
                 quickly
                 be
                 sensible
                 .
              
               
                 In
                 Trewinnard's
                 Case
                 ,
                 Dier
                 .
                 60.
                 and
                 61.
                 
                 The
                 Priviledge
                 of
                 the
                 Commons
                 upon
                 this
                 very
                 account
                 ,
                 is
                 term'd
                 
                   the
                   Priviledge
                   of
                   the
                   Parliament
                
                 ,
                 and
                 the
                 Judgment
                 given
                 in
                 that
                 Case
                 by
                 the
                 House
                 of
                 Commons
                 ,
                 is
                 there
                 said
                 to
                 be
                 
                   the
                   Judgment
                   of
                   the
                   most
                   High
                   Court
                   of
                   Parliament
                   .
                
              
               
                 The
                 Statute
                 of
                 1
                 
                   .
                   C.
                
                 1.
                 saies
                 the
                 Parliament
                 is
                 
                   the
                   whole
                   Body
                   of
                   the
                   Realm
                   .
                
              
               
                 By
                 the
                 two
                 Records
                 that
                 I
                 cited
                 before
                 out
                 of
                 the
                 Office
                 of
                 Pleas
                 in
                 the
                 Exchequer
                 ,
                 12
                 E.
                 4.
                 
                 It
                 appears
                 in
                 two
                 several
                 Cases
                 of
                 Priviledge
                 ,
                 the
                 one
                 concerning
                 the
                 Lords
                 ,
                 and
                 the
                 other
                 concerning
                 the
                 Commons
                 ,
                 in
                 both
                 Cases
                 the
                 Priviledge
                 was
                 laid
                 and
                 claim'd
                 as
                 
                   one
                   entire
                   Priviledge
                
                 ,
                 and
                 so
                 allow'd
                 by
                 the
                 Judgment
                 of
                 that
                 Court
                 ,
                 by
                 advice
                 of
                 all
                 the
                 Judges
                 of
                 both
                 Benches
                 .
              
               
                 The
                 Speaker
                 of
                 the
                 House
                 of
                 Commons
                 ,
                 
                 by
                 the
                 Rolls
                 of
                 Parliament
                 ,
                 (
                 which
                 are
                 the
                 most
                 proper
                 proofs
                 in
                 a
                 thing
                 of
                 this
                 Nature
                 )
                 is
                 term'd
                 
                   the
                   Speaker
                   of
                   the
                   Parliament
                
                 ,
                 so
                 it
                 is
                 in
                 the
                 Roll
                 of
                 1
                 R.
                 2.
                 in
                 Sir
                 Cotton's
                 
                   Abr.
                   fol.
                
                 155
                 it
                 was
                 in
                 the
                 Reign
                 of
                 a
                 King
                 that
                 was
                 no
                 favourer
                 of
                 Parliaments
                 .
              
               
                 Sir
                 John
                 Bussey
                 ,
                 Speaker
                 to
                 the
                 Parliament
                 ,
                 Sir
                 Robert
                 Cotton's
                 Abr.
                 20.
                 
                 R.
                 2.
                 num
                 .
                 14
                 and
                 15.
                 
              
               
                 51
                 E.
                 3.
                 num
                 .
                 87.
                 
                 Sir
                 Robert
                 Cotton's
                 Abr.
                 fol.
                 151.
                 
                 Sir
                 Thomas
                 Hungerford
                 Speaker
                 of
                 the
                 Parliament
                 .
              
               
                 And
                 so
                 is
                 the
                 Speaker
                 of
                 the
                 Commons
                 styled
                 in
                 the
                 Case
                 of
                 Ferrers
                 in
                 
                   Crompton's
                   Jurisd
                   .
                   of
                   Courts
                   ,
                   fol.
                
                 8
                 ,
                 9
                 ,
                 10.
                 (
                 before
                 cited
                 .
                 )
              
               
                 In
                 the
                 Statute
                 of
                 6
                 H.
                 8.
                 
                 C.
                 16.
                 the
                 Clerk
                 of
                 the
                 House
                 of
                 Commons
                 ,
                 is
                 called
                 
                   Clerk
                   of
                   the
                   Parliament
                
                 .
              
               
                 In
                 the
                 Case
                 of
                 Godsol
                 and
                 Sir
                 
                   Christ
                   ,
                   Heydon
                   ,
                   12
                
                 .
                 in
                 
                   B.
                   R.
                
                 in
                 Sergeant
                 
                   Roll's
                   Rep.
                   fol.
                
                 It
                 was
                 affirm'd
                 by
                 Sir
                 
                   E.
                   C.
                
                 that
                 in
                 antient
                 time
                 
                   all
                   the
                   Parliament
                   sate
                   together
                
                 ,
                 and
                 the
                 separation
                 
                 was
                 at
                 the
                 desire
                 of
                 the
                 Commons
                 ,
                 
                 notwithstanding
                 (
                 
                   saies
                   he
                
                 )
                 they
                 are
                 but
                 
                   one
                   house
                
                 :
                 and
                 he
                 further
                 affirms
                 ,
                 that
                 he
                 had
                 seen
                 a
                 Record
                 ,
                 30
                 H.
                 1.
                 of
                 their
                 Degrees
                 and
                 Seats
                 .
              
               
                 Having
                 made
                 it
                 appear
                 that
                 the
                 Parliament
                 is
                 one
                 intire
                 body
                 ,
                 and
                 therefore
                 mutually
                 concern'd
                 in
                 Powers
                 and
                 Priviledges
                 as
                 to
                 the
                 Right
                 and
                 Title
                 of
                 them
                 ,
                 tho'
                 dividod
                 sometiems
                 in
                 the
                 Exercise
                 .
                 I
                 shall
                 proceed
                 briefly
                 to
                 show
                 what
                 those
                 Powers
                 are
                 ,
                 in
                 order
                 to
                 the
                 proving
                 that
                 what
                 in
                 our
                 Case
                 is
                 charg'd
                 to
                 be
                 done
                 by
                 the
                 Speaker
                 ,
                 
                 by
                 Order
                 and
                 Command
                 of
                 the
                 Parliament
                 ,
                 (
                 for
                 so
                 I
                 may
                 now
                 affirm
                 )
                 is
                 pursuant
                 to
                 their
                 Power
                 and
                 Jurisdiction
                 .
              
               
                 The
                 Parliament
                 hath
                 three
                 Powers
                 .
              
               
                 1.
                 
                 A
                 Legislative
                 ,
                 
                 in
                 respect
                 of
                 which
                 they
                 are
                 call'd
                 
                   the
                   three
                   Estates
                   of
                   the
                   Realm
                   .
                
              
               
                 2.
                 
                 A
                 Judicial
                 ,
                 in
                 respect
                 of
                 this
                 't
                 is
                 call'd
                 
                   Magna
                   Curia
                
                 ,
                 or
                 the
                 High
                 Court
                 of
                 Parliament
                 .
              
               
                 3.
                 
                 A
                 Counselling
                 Power
                 ,
                 hence
                 it
                 is
                 call'd
                 
                   Commune
                   Concilium
                   Regni
                
                 .
              
               
                 For
                 the
                 proof
                 of
                 these
                 ,
                 I
                 shall
                 cite
                 some
                 few
                 Antiquaries
                 ,
                 but
                 chiefly
                 some
                 Authors
                 of
                 our
                 Profession
                 of
                 the
                 Law
                 ,
                 and
                 those
                 of
                 the
                 best
                 Authority
                 with
                 us
                 .
              
               
                 I
                 shall
                 mention
                 them
                 without
                 observing
                 any
                 exact
                 method
                 ,
                 because
                 divers
                 of
                 them
                 extend
                 to
                 more
                 than
                 one
                 of
                 these
                 distinct
                 Powers
                 ,
                 and
                 some
                 of
                 them
                 refer
                 at
                 once
                 to
                 all
                 of
                 them
                 .
              
               
                 Sir
                 
                   Henry
                   Spelman
                
                 in
                 his
                 
                   Glossary
                   Tit.
                   (
                   Gemotum
                
                 )
                 which
                 was
                 the
                 old
                 Saxon
                 word
                 for
                 a
                 Parliament
                 ,
                 
                   fol.
                   261.
                   
                   Convenere
                
                 (
                 saies
                 he
                 )
                 
                   Regni
                   Principes
                   tam
                   Episcopi
                   quam
                   Magistratus
                
                 (
                 there
                 are
                 those
                 that
                 now
                 make
                 up
                 the
                 House
                 of
                 Lords
                 )
                 
                   Liberique
                   homines
                
                 (
                 there
                 are
                 the
                 Commons
                 )
                 what
                 is
                 their
                 proper
                 Work
                 and
                 Power
                 ?
                 
                   Consulitur
                   de
                   communi
                   salute
                   ,
                   de
                   pace
                   &
                   bello
                   .
                
                 This
                 proves
                 them
                 the
                 
                   Commune
                   Concilium
                   Regni
                
                 .
              
               
                 Learned
                 Camden
                 .
              
               
                 Quod
                 Saxones
                 olim
                 
                   Wittena
                   Gemot
                
                 nos
                 Parliamentum
                 recte
                 dicicimus
                 ,
                 
                   as
                   to
                   their
                   Power
                
                 ,
                 Summam
                 &
                 Sacro-sanctam
                 authoritatem
                 habet
                 in
                 legibus
                 ferendis
                 ,
                 interpretandis
                 ,
                 &
                 in
                 omnibus
                 quae
                 ad
                 reipubl
                 .
                 salutem
                 spectant
                 .
                 
                   This
                   shews
                   their
                
                 Legislature
                 .
              
               
                 
                   The
                   Mirror
                   of
                   Justices
                
                 ,
                 (
                 this
                 is
                 an
                 Authority
                 in
                 Law
                 )
                 C.
                 1.
                 fol.
                 9.
                 saies
                 ,
                 Parliaments
                 were
                 institued
                 
                   Pur
                   oyer
                   &
                   terminer
                   ;
                   this
                
                 is
                 is
                 the
                 Supream
                 Court
                 of
                 
                   Oyer
                   and
                   Yerminer
                
                 .
                 The
                 Court
                 of
                 King's
                 Bench
                 is
                 said
                 to
                 be
                 above
                 all
                 Courts
                 of
                 Eire
                 or
                 Itinerant
                 ;
                 and
                 if
                 the
                 King's
                 Bench
                 be
                 adjourn'd
                 into
                 any
                 County
                 ,
                 where
                 the
                 Eire
                 is
                 sitting
                 ,
                 the
                 Eire
                 ceases
                 ,
                 
                   In
                   praesentia
                   Majoris
                
                 ,
                 &c.
                 
              
               
                 But
                 this
                 Court
                 is
                 above
                 the
                 King's
                 Bench
                 and
                 all
                 Courts
                 of
                 
                   Oyer
                   and
                   Terminer
                
                 .
                 The
                 King's
                 Bench
                 is
                 the
                 Highest
                 Eire
                 ,
                 but
                 this
                 is
                 (
                 according
                 to
                 Solomon's
                 Hyperbole
                 )
                 
                   higher
                   than
                   the
                   highest
                
                 .
              
               
                 But
                 what
                 is
                 the
                 proper
                 Subject
                 of
                 their
                 
                   Oyer
                   and
                   Terminer
                
                 ?
                 Our
                 Antient
                 Author
                 (
                 who
                 wrote
                 some
                 part
                 of
                 his
                 Book
                 before
                 the
                 
                 Conquest
                 )
                 tells
                 us
                 their
                 work
                 is
                 to
                 hear
                 and
                 determine
                 
                   les
                   plaintes
                   de
                   tort
                   le
                   Roy
                   ,
                   de
                   la
                   reign
                   ,
                   &
                   de
                   leur
                   Enfans
                   ,
                
                 (
                 the
                 King's
                 Children
                 ,
                 so
                 that
                 they
                 make
                 an
                 Impartial
                 Enquiry
                 ,
                 but
                 saies
                 our
                 Author
                 further
                 ,
                 
                   De
                   eux
                   specialment
                   de
                   queux
                   torts
                   lun
                   ne
                   poit
                   aver
                   autrement
                   common
                   droit
                   ,
                
                 this
                 flies
                 very
                 high
                 to
                 prove
                 their
                 
                   Judicial
                   Power
                
                 .
                 I
                 forbear
                 to
                 English
                 it
                 .
              
               
                 It
                 is
                 the
                 proper
                 work
                 of
                 this
                 Supream
                 Court
                 ,
                 to
                 deal
                 with
                 such
                 Delinquents
                 ,
                 as
                 are
                 too
                 high
                 for
                 this
                 Court
                 of
                 the
                 King's
                 Bench
                 or
                 other
                 ordinary
                 Courts
                 .
                 Against
                 whom
                 ,
                 through
                 their
                 Potency
                 or
                 mighty
                 Interest
                 ,
                 common
                 right
                 cannot
                 be
                 had
                 ,
                 it
                 must
                 be
                 understood
                 in
                 ordinary
                 Courts
                 .
                 And
                 the
                 Writing
                 and
                 Printing
                 of
                 this
                 ,
                 was
                 never
                 taken
                 to
                 be
                 a
                 Scandal
                 to
                 the
                 Government
                 or
                 to
                 the
                 Justice
                 of
                 the
                 Nation
                 .
                 For
                 the
                 Author
                 speaks
                 in
                 the
                 Person
                 of
                 the
                 King
                 himself
                 ,
                 and
                 tells
                 us
                 ,
                 that
                 the
                 High
                 Court
                 of
                 Parliament
                 is
                 arm'd
                 with
                 a
                 Power
                 ,
                 able
                 to
                 cope
                 with
                 and
                 quell
                 the
                 most
                 insolent
                 Offenders
                 .
              
               
                 When
                 the
                 Great
                 Judge
                 of
                 all
                 the
                 Earth
                 comes
                 to
                 make
                 Inquisition
                 for
                 Blood
                 ,
                 and
                 to
                 Execute
                 Judgment
                 by
                 the
                 hands
                 of
                 this
                 High
                 Court.
                 
                   The
                   lofty
                   looks
                   of
                   man
                   shall
                   be
                   humbled
                   ,
                   and
                   the
                   haughtiness
                   of
                   men
                   shall
                   be
                   bowed
                   down
                   and
                   made
                   low
                   .
                
              
               
                 To
                 discourse
                 of
                 this
                 Judgment
                 ,
                 will
                 make
                 
                   a
                   Foelix
                   tremble
                
                 .
              
               
                 We
                 have
                 often
                 heard
                 it
                 confidently
                 said
                 from
                 the
                 Pulpit
                 .
                 That
                 our
                 Laws
                 are
                 like
                 the
                 Spiders
                 Webs
                 ,
                 which
                 catch
                 the
                 little
                 Flies
                 ,
                 but
                 the
                 great
                 ones
                 break
                 through
                 them
                 .
              
               
                 Now
                 it
                 is
                 quite
                 contrary
                 with
                 this
                 great
                 Court
                 ,
                 this
                 great
                 Court
                 encounters
                 only
                 with
                 great
                 Offenders
                 .
                 It
                 is
                 like
                 the
                 Imperial
                 Eagle
                 ,
                 
                   Aquila
                   non
                   capit
                   Muscas
                
                 ,
                 it
                 leaves
                 them
                 to
                 this
                 and
                 other
                 Inferiour
                 Courts
                 ,
                 but
                 that
                 takes
                 to
                 task
                 the
                 
                   Animalia
                   Majora
                
                 .
              
               
                 In
                 the
                 great
                 Case
                 ,
                 
                   Rot.
                   Parl.
                   40
                   E.
                   3.
                   num
                   .
                
                 7.
                 
                 King
                 John
                 had
                 resign'd
                 up
                 the
                 Crown
                 of
                 England
                 to
                 the
                 Pope
                 ,
                 by
                 the
                 hand
                 of
                 Pandolphus
                 his
                 Legate
                 ,
                 and
                 sordidly
                 submitted
                 to
                 take
                 the
                 Crown
                 at
                 his
                 hand
                 again
                 ,
                 at
                 a
                 yearly
                 Tribute
                 .
              
               
                 In
                 the
                 Region
                 of
                 our
                 noble
                 King
                 Edward
                 the
                 3d.
                 the
                 Pope
                 demanded
                 his
                 Rent
                 and
                 all
                 the
                 Arrears
                 .
              
               
                 The
                 Prelates
                 ,
                 Dukes
                 ,
                 Counts
                 ,
                 Barons
                 ,
                 and
                 Commons
                 ,
                 resolv'd
                 that
                 neither
                 the
                 King
                 nor
                 any
                 other
                 ,
                 could
                 put
                 the
                 Realm
                 nor
                 the
                 People
                 thereof
                 into
                 subjection
                 ,
                 
                   sans
                   l'assent
                   de
                   eux
                
                 .
              
               
                 This
                 intimates
                 ,
                 that
                 with
                 their
                 joint
                 consent
                 the
                 Crown
                 may
                 be
                 dispos'd
                 of
                 .
              
               
                 This
                 was
                 the
                 highest
                 Resolution
                 in
                 Law
                 ,
                 in
                 one
                 of
                 the
                 highest
                 points
                 in
                 Law
                 ,
                 concerning
                 the
                 King's
                 Claim
                 of
                 an
                 Absolute
                 Power
                 ,
                 and
                 in
                 a
                 time
                 when
                 the
                 Pope
                 was
                 in
                 his
                 height
                 .
                 And
                 the
                 Commons
                 join
                 in
                 the
                 Resolution
                 ,
                 both
                 against
                 the
                 Pope's
                 and
                 King
                 John's
                 pretence
                 to
                 a
                 Despotick
                 Power
                 .
              
               
                 Sir
                 
                   Tho.
                   Smith
                
                 who
                 was
                 a
                 Secretary
                 of
                 State
                 ,
                 in
                 his
                 
                   Commonw
                   .
                   l.
                   2.
                   c.
                   2.
                   fol.
                
                 50
                 ,
                 51.
                 
              
               
                 
                   In
                   Comitiis
                   Parliamentariis
                   posita
                   est
                   omnis
                   absolutae
                   potestatis
                   vis
                
                 (
                 taking
                 in
                 the
                 King
                 as
                 the
                 Head
                 of
                 them
                 ,
                 as
                 it
                 ought
                 to
                 be
                 understood
                 
                 this
                 shows
                 where
                 the
                 rightful
                 absolute
                 Power
                 under
                 Almighty
                 God
                 is
                 .
                 And
                 among
                 other
                 Magnalia
                 he
                 tells
                 us
                 ,
                 
                   Incerti
                   Juris
                   Controversias
                   dirimunt
                
                 .
                 This
                 shews
                 their
                 transcendent
                 
                   Judicial
                   Power
                
                 ;
                 they
                 determine
                 the
                 greatest
                 Disputes
                 and
                 Doubts
                 in
                 Law.
                 They
                 would
                 quickly
                 decide
                 this
                 Dispute
                 and
                 Controversie
                 ,
                 (
                 were
                 it
                 once
                 before
                 them
                 )
                 without
                 Argument
                 .
              
               
                 This
                 appears
                 to
                 be
                 the
                 proper
                 business
                 of
                 a
                 Parliament
                 ,
                 even
                 from
                 the
                 Writ
                 of
                 Summons
                 both
                 to
                 Lords
                 and
                 Commons
                 ,
                 (
                 for
                 they
                 did
                 not
                 Anciently
                 differ
                 in
                 any
                 thing
                 material
                 (
                 as
                 I
                 have
                 abundantly
                 shown
                 already
                 )
                 they
                 are
                 
                   De
                   Arduis
                   Regni
                   tractitare
                   ,
                   &
                   Concilium
                   impendere
                   ,
                
                 here
                 is
                 their
                 Councelling
                 Power
                 .
                 According
                 to
                 that
                 Equitable
                 Rule
                 ,
                 
                   Quod
                   omnes
                   tangit
                   ,
                   ab
                   omnibns
                   tractari
                   debet
                   .
                
              
               
                 Their
                 
                   Legislative
                   Power
                
                 is
                 most
                 clearly
                 set
                 out
                 by
                 Bracton
                 (
                 a
                 Judge
                 in
                 the
                 time
                 of
                 
                   K.
                   H.
                   3d.
                
                 in
                 whose
                 latter
                 times
                 our
                 Innovators
                 would
                 have
                 the
                 House
                 of
                 Commons
                 to
                 begin
                 )
                 I
                 cited
                 him
                 before
                 ;
                 
                   Legis
                   vigorem
                   habet
                
                 (
                 says
                 he
                 )
                 
                   quicquid
                   de
                   Consilio
                   &
                   de
                   Consensu
                   Magnatum
                   &
                   Reipubl
                   .
                   communi
                   Sponsione
                   (
                   anthoritate
                   Regis
                   praecedente
                   ,
                   )
                   juste
                   fuerit
                   definitum
                   &
                   approbatum
                   5
                   H.
                
                 4.
                 
                 Num.
                 11.
                 
                 The
                 Record
                 there
                 uses
                 too
                 gross
                 a
                 Word
                 .
                 The
                 Commons
                 (
                 says
                 the
                 
                   Roll
                   )
                   require
                
                 the
                 King
                 ,
                 it
                 should
                 have
                 been
                 ,
                 made
                 it
                 their
                 Request
                 to
                 the
                 King
                 (
                 and
                 the
                 Lords
                 accorded
                 )
                 that
                 four
                 
                   special
                   Persons
                
                 should
                 be
                 
                   remov'd
                   out
                   of
                   the
                   Kings
                   House
                   .
                
              
               
                 This
                 in
                 some
                 Ages
                 ,
                 as
                 in
                 the
                 Reign
                 of
                 K.
                 R.
                 the
                 2d
                 .
                 would
                 have
                 been
                 thought
                 a
                 very
                 high
                 presumption
                 ,
                 and
                 a
                 sawcy
                 thing
                 (
                 to
                 speak
                 in
                 the
                 Language
                 of
                 the
                 Pulpit
                 ,
                 and
                 Press
                 too
                 from
                 a
                 late
                 
                   Cambr.
                   Dr.
                
                 and
                 a
                 Chaplain
                 in
                 Ordinary
                 ,
                 (
                 if
                 the
                 Title
                 of
                 the
                 Print
                 may
                 be
                 credited
                 )
                 but
                 said
                 to
                 be
                 printed
                 by
                 the
                 —
                 of
                 that
                 University
                 .
                 A
                 sawcy
                 thing
                 with
                 their
                 Prophane
                 and
                 Unhallowed
                 Hands
                 to
                 presume
                 to
                 meddle
                 in
                 a
                 thing
                 so
                 Sacred
                 .
                 (
                 Thus
                 says
                 the
                 late
                 Printed
                 Sermon
                 )
                 
                   But
                   it
                   was
                   a
                   Sacred
                   or
                   Consecrated
                   thing
                   indeed
                   in
                   this
                   Roll
                   of
                   Parliament
                   mention'd
                   .
                
                 One
                 of
                 the
                 4
                 required
                 to
                 be
                 remov'd
                 out
                 of
                 the
                 King's
                 House
                 ,
                 (
                 where
                 he
                 was
                 a
                 Domestick
                 )
                 was
                 no
                 less
                 than
                 the
                 King's
                 Confessor
                 .
                 And
                 it
                 was
                 not
                 in
                 the
                 Reign
                 of
                 a
                 R.
                 the
                 2d
                 .
                 or
                 H.
                 the
                 6th
                 .
                 but
                 of
                 
                   K.
                   H.
                   4th
                
                 .
                 one
                 of
                 our
                 Wisest
                 and
                 most
                 Active
                 Valiant
                 Kings
                 .
              
               
                 But
                 it
                 may
                 be
                 thought
                 that
                 these
                 four
                 Persons
                 were
                 in
                 some
                 desperate
                 Popish
                 Plot
                 of
                 killing
                 the
                 King
                 ,
                 as
                 the
                 four
                 we
                 have
                 heard
                 of
                 ,
                 were
                 .
              
               
                 No
                 ,
                 the
                 King
                 himself
                 will
                 resolve
                 that
                 Doubt
                 .
              
               
                 
                   That
                   noble
                   King
                   said
                   in
                   answer
                   to
                   it
                   ,
                
                 He
                 knew
                 no
                 cause
                 wherefore
                 they
                 should
                 be
                 remov'd
                 ,
                 but
                 only
                 for
                 that
                 ,
                 they
                 were
                 hated
                 of
                 the
                 People
                 .
              
               
                 And
                 yet
                 that
                 great
                 King
                 charged
                 those
                 Four
                 to
                 depart
                 from
                 his
                 House
                 .
              
               
                 This
                 proves
                 their
                 Councelling
                 Power
                 .
              
               
                 I
                 might
                 enumerate
                 a
                 vast
                 multitude
                 of
                 
                   Animalia
                   Majora
                
                 ,
                 no
                 small
                 Flies
                 ,
                 that
                 have
                 in
                 several
                 Ages
                 been
                 catched
                 in
                 the
                 Net
                 or
                 Webb
                 of
                 an
                 Inquiry
                 made
                 by
                 the
                 House
                 of
                 Commons
                 ,
                 who
                 
                 fish
                 only
                 for
                 such
                 greater
                 Fish
                 ,
                 such
                 as
                 we
                 call
                 the
                 Pike
                 ,
                 who
                 by
                 Oppression
                 live
                 upon
                 the
                 smaller
                 Fish
                 ,
                 and
                 devour
                 them
                 .
                 The
                 Commons
                 to
                 that
                 end
                 fish
                 with
                 a
                 Net
                 ,
                 that
                 has
                 a
                 wide
                 and
                 large
                 Meshe
                 ,
                 such
                 as
                 le
                 ts
                 go
                 the
                 small
                 Frye
                 ,
                 and
                 compasses
                 none
                 but
                 those
                 of
                 the
                 largest
                 size
                 .
                 Such
                 as
                 the
                 
                   Lord
                   Latimer
                
                 in
                 the
                 time
                 of
                 
                   E.
                   3.
                   
                   An.
                
                 50.
                 
                 Such
                 as
                 
                   Michael
                   de
                   la
                   Pool
                   E.
                   of
                   Suff.
                   and
                   Lord
                   Chancellour
                   ;
                   in
                   10.
                   
                   R.
                   2.
                   
                   Tho.
                   Arundel
                   Archbishop
                   of
                   Canterbury
                   .
                   21
                   R.
                
                 2.
                 and
                 such
                 like
                 .
                 
                   William
                   de
                   la
                   Pool
                   D.
                   of
                   Suff.
                
                 28
                 H.
                 6.
                 who
                 were
                 all
                 impeach'd
                 by
                 the
                 House
                 of
                 Commons
                 in
                 several
                 Parliaments
                 .
              
               
                 And
                 I
                 my self
                 have
                 seen
                 a
                 Lord
                 Chief
                 Justice
                 of
                 this
                 Court
                 ,
                 while
                 he
                 was
                 Lord
                 Chief
                 Justice
                 ,
                 and
                 a
                 Learned
                 Man
                 ,
                 by
                 leave
                 from
                 the
                 House
                 of
                 Commons
                 ,
                 pleading
                 before
                 that
                 House
                 for
                 himself
                 ,
                 and
                 excusing
                 what
                 he
                 had
                 done
                 in
                 a
                 Tryal
                 that
                 came
                 before
                 them
                 in
                 the
                 West
                 ,
                 whereof
                 Complaint
                 was
                 made
                 to
                 the
                 House
                 .
                 And
                 he
                 did
                 it
                 with
                 that
                 great
                 Humility
                 and
                 Reverence
                 ,
                 and
                 those
                 of
                 his
                 own
                 Profession
                 and
                 others
                 ,
                 were
                 so
                 far
                 his
                 Advocates
                 ,
                 as
                 that
                 the
                 House
                 desisted
                 from
                 any
                 further
                 prosecution
                 .
              
               
                 In
                 the
                 the
                 late
                 Act
                 of
                 13o.
                 of
                 his
                 now
                 Majesty
                 for
                 safety
                 of
                 his
                 Royal
                 Person
                 ,
                 there
                 is
                 a
                 Proviso
                 for
                 the
                 saving
                 of
                 the
                 Just
                 Antient
                 Freedom
                 ,
                 and
                 the
                 Priviledge
                 of
                 either
                 of
                 the
                 Houses
                 of
                 Parliament
                 ,
                 or
                 any
                 of
                 their
                 Members
                 ,
                 of
                 debating
                 any
                 Matters
                 or
                 Business
                 ,
                 which
                 shall
                 be
                 debated
                 or
                 propounded
                 in
                 either
                 of
                 the
                 said
                 Houses
                 ;
                 or
                 at
                 any
                 Conferences
                 or
                 Committees
                 of
                 both
                 ,
                 or
                 either
                 of
                 the
                 said
                 Houses
                 ;
                 or
                 touching
                 the
                 Repeal
                 or
                 Alteration
                 of
                 any
                 old
                 ,
                 or
                 the
                 preparing
                 any
                 new
                 Laws
                 ;
                 or
                 the
                 
                   Redressing
                   of
                   any
                   publick
                   Grievances
                
                 .
                 I
                 observ'd
                 but
                 now
                 out
                 of
                 Trewinn
                 .
                 Case
                 in
                 the
                 
                   Ld.
                   Dier
                
                 .
                 that
                 the
                 Judgment
                 of
                 the
                 House
                 of
                 Commons
                 in
                 a
                 Case
                 of
                 the
                 priviledge
                 of
                 that
                 House
                 ,
                 in
                 that
                 Report
                 ,
                 is
                 called
                 a
                 Judgment
                 of
                 the
                 most
                 high
                 Court
                 of
                 Parliament
                 ;
                 which
                 proves
                 they
                 are
                 not
                 without
                 
                   a
                   Judicial
                   Power
                
                 .
              
               
                 3
                 
                   H.
                   6.
                   
                   Sir
                   Rob.
                   Cott.
                   Abr.
                   fol.
                
                 574.
                 
                 The
                 great
                 Case
                 between
                 the
                 E.
                 of
                 Warwick
                 and
                 the
                 Earl
                 Marshal
                 for
                 Precedency
                 ,
                 fol.
                 576.
                 was
                 determin'd
                 by
                 the
                 King.
                 
                   By
                   Advice
                   and
                   Consent
                   of
                   the
                   Lords
                   and
                   Commons
                
                 ;
                 and
                 yet
                 one
                 would
                 have
                 thought
                 that
                 a
                 Case
                 of
                 Precedency
                 between
                 two
                 Peers
                 ,
                 should
                 have
                 been
                 a
                 peculiar
                 of
                 the
                 Lords
                 .
              
               
                 In
                 the
                 Case
                 of
                 1
                 H.
                 7.
                 in
                 the
                 Year
                 Books
                 ,
                 fol.
                 4.
                 about
                 reversing
                 of
                 Attainders
                 ,
                 it
                 is
                 advis'd
                 
                   by
                   all
                   the
                   Judges
                
                 ,
                 that
                 those
                 Knights
                 and
                 others
                 of
                 the
                 House
                 of
                 Commons
                 ,
                 should
                 not
                 sit
                 in
                 the
                 House
                 ,
                 till
                 the
                 Act
                 for
                 reversal
                 of
                 their
                 Attainders
                 were
                 pass'd
                 .
                 And
                 the
                 Reason
                 is
                 ,
                 that
                 it
                 is
                 not
                 convenient
                 ,
                 that
                 such
                 as
                 were
                 attaint
                 should
                 
                   be
                   Judges
                
                 ;
                 (
                 and
                 it
                 might
                 have
                 been
                 added
                 
                   in
                   their
                   own
                   Case
                
                 )
                 so
                 that
                 attainting
                 by
                 Bill
                 ,
                 or
                 Reversing
                 Attainders
                 ,
                 tho'
                 by
                 Bill
                 ,
                 is
                 most
                 properly
                 a
                 Judicial
                 Act
                 ,
                 and
                 the
                 Members
                 of
                 the
                 House
                 of
                 Commons
                 are
                 acknowledged
                 to
                 be
                 Judges
                 in
                 that
                 Case
                 
                   by
                   all
                   the
                   Judges
                
                 ,
                 and
                 by
                 that
                 Statute
                 of
                 6
                 
                   H.
                   8.
                   
                   C.
                
                 16.
                 which
                 I
                 mention'd
                 before
                 to
                 another
                 purpose
                 ,
                 
                   the
                   Iournal
                   of
                   the
                
                 House
                 of
                 Commons
                 is
                 call'd
                 a
                 Record
                 .
              
               
               
                 I
                 have
                 formerly
                 observ'd
                 ,
                 but
                 to
                 another
                 purpose
                 too
                 ,
                 that
                 the
                 Writs
                 of
                 Summons
                 anciently
                 for
                 Electing
                 Knights
                 ,
                 Citizens
                 and
                 Burgesses
                 to
                 Parliament
                 ,
                 did
                 direct
                 them
                 in
                 their
                 Duty
                 ,
                 that
                 they
                 were
                 to
                 meet
                 
                   ad
                   Consulendum
                   &
                   Consilium
                   impendere
                
                 ,
                 tho'
                 of
                 late
                 Years
                 this
                 has
                 been
                 omitted
                 ,
                 and
                 now
                 advantage
                 is
                 taken
                 of
                 it
                 .
                 
              
               
                 Let
                 us
                 in
                 the
                 next
                 place
                 examin
                 whether
                 the
                 matters
                 acted
                 in
                 this
                 Case
                 by
                 the
                 House
                 of
                 Commons
                 be
                 Warranted
                 by
                 these
                 Powers
                 ,
                 of
                 the
                 Parliament
                 ,
                 and
                 have
                 been
                 done
                 in
                 pursuance
                 of
                 those
                 Powers
                 .
              
               
                 And
                 upon
                 Examination
                 ,
                 we
                 shall
                 find
                 they
                 have
                 done
                 nothing
                 but
                 what
                 they
                 had
                 a
                 full
                 power
                 to
                 do
                 ,
                 and
                 what
                 is
                 agreeable
                 to
                 the
                 Law
                 and
                 Usage
                 of
                 Parliament
                 .
              
               
                 It
                 is
                 set
                 forth
                 in
                 the
                 Plea
                 ,
                 (
                 and
                 admitted
                 by
                 the
                 Demurrer
                 ,
                 but
                 we
                 all
                 know
                 it
                 to
                 be
                 true
                 )
                 that
                 there
                 was
                 an
                 Horrid
                 Devillish
                 ,
                 &c
                 ,
                 Popish
                 Plot.
                 The
                 Enquiry
                 after
                 which
                 ,
                 and
                 the
                 searching
                 of
                 it
                 to
                 the
                 bottom
                 .
                 and
                 discovering
                 all
                 the
                 Accomplices
                 ,
                 was
                 
                   Negotium
                   Arduum
                
                 ,
                 and
                 it
                 did
                 ,
                 
                   Regem
                   &
                   Statum
                   Regni
                   specialiter
                   tangere
                   ,
                
                 according
                 to
                 the
                 Writ
                 of
                 Summons
                 to
                 Parliament
                 .
              
               
                 For
                 the
                 Plea
                 tells
                 us
                 the
                 design
                 of
                 it
                 ,
                 
                   viz.
                   to
                   Kill
                   the
                   King.
                   2ly
                   .
                
                 To
                 subvert
                 the
                 Government
                 and
                 the
                 Laws
                 ,
                 to
                 suppress
                 the
                 True
                 Religion
                 ,
                 and
                 to
                 destroy
                 the
                 Professors
                 of
                 it
                 .
              
               
                 The
                 Plea
                 shows
                 ,
                 that
                 One
                 great
                 Lord
                 was
                 convicted
                 of
                 it
                 by
                 Impeachment
                 of
                 the
                 Commons
                 ,
                 and
                 attainted
                 before
                 the
                 Lords
                 .
                 The
                 Kings
                 Speech
                 shows
                 there
                 was
                 need
                 of
                 further
                 Enquiry
                 ,
                 and
                 that
                 it
                 was
                 not
                 as
                 yet
                 thoroughly
                 done
                 ,
                 nor
                 himself
                 ,
                 nor
                 the
                 two
                 Houses
                 safe
                 ;
                 and
                 the
                 King
                 charges
                 both
                 Houses
                 to
                 make
                 an
                 Impartial
                 Enquiry
                 .
                 The
                 word
                 Impartial
                 imports
                 ,
                 there
                 might
                 be
                 some
                 great
                 Persons
                 concern'd
                 ,
                 that
                 might
                 be
                 apt
                 to
                 be
                 favour'd
                 .
              
               
                 And
                 the
                 Plea
                 shows
                 that
                 both
                 Houses
                 accordingly
                 made
                 a
                 strict
                 and
                 impartial
                 Enquiry
                 after
                 the
                 Conspiracy
                 .
              
               
                 All
                 this
                 appears
                 plainly
                 to
                 be
                 the
                 proper
                 Work
                 of
                 a
                 Parliament
                 ,
                 and
                 his
                 Majesty
                 himself
                 was
                 of
                 that
                 Judgment
                 ,
                 and
                 charged
                 them
                 to
                 do
                 their
                 Duty
                 in
                 it
                 .
              
               
                 And
                 the
                 Enquiry
                 is
                 the
                 most
                 proper
                 Business
                 of
                 the
                 House
                 of
                 Commons
                 .
              
               
                 For
                 this
                 Reason
                 they
                 are
                 commonly
                 styl'd
                 
                   The
                   Grand
                   Inquest
                   of
                   the
                   Nation
                   .
                
                 
                 tho'
                 Sir
                 
                   Rob.
                   Filmer's
                
                 bold
                 writing
                 terms
                 them
                 so
                 by
                 way
                 of
                 Diminution
                 and
                 Contempt
                 ,
                 (
                 as
                 if
                 enquiry
                 were
                 their
                 highest
                 work
                 )
                 .
              
               
                 This
                 Inquiry
                 of
                 theirs
                 is
                 necessary
                 in
                 a
                 Subserviency
                 to
                 all
                 the
                 several
                 High
                 Powers
                 of
                 that
                 High
                 Court.
                 Namely
                 ,
                 in
                 order
                 to
                 their
                 Legislature
                 ,
                 or
                 to
                 the
                 Exercise
                 of
                 their
                 Power
                 of
                 Judicature
                 .
              
               
                 Courts
                 that
                 have
                 Power
                 of
                 
                   Oyer
                   and
                   Terminer
                
                 ,
                 and
                 to
                 punish
                 Great
                 and
                 Enormous
                 Crimes
                 ,
                 are
                 still
                 by
                 their
                 Commissioners
                 arm'd
                 with
                 a
                 Power
                 of
                 Empannelling
                 grand
                 Inquests
                 ,
                 to
                 make
                 Enquiries
                 in
                 order
                 to
                 their
                 Exercise
                 of
                 their
                 Power
                 of
                 determining
                 .
              
               
                 Or
                 it
                 may
                 be
                 in
                 order
                 to
                 their
                 Counselling
                 Power
                 ,
                 for
                 removal
                 of
                 great
                 Officers
                 or
                 Favourites
                 ,
                 whereof
                 I
                 have
                 given
                 an
                 Instance
                 ,
                 
                 and
                 the
                 Parliament
                 Rolls
                 and
                 Journals
                 are
                 full
                 of
                 them
                 .
              
               
                 But
                 still
                 they
                 first
                 make
                 Enquiry
                 .
                 They
                 enquire
                 among
                 themselves
                 ,
                 and
                 every
                 Grand
                 Jury
                 Man
                 by
                 his
                 Oath
                 ,
                 is
                 to
                 impart
                 his
                 Knowledge
                 in
                 any
                 thing
                 Material
                 to
                 his
                 Fellows
                 .
                 But
                 the
                 most
                 effectual
                 Enquiry
                 is
                 most
                 probably
                 from
                 without
                 doors
                 ;
                 and
                 without
                 such
                 enquiry
                 ,
                 things
                 of
                 great
                 importance
                 may
                 lye
                 conceal'd
                 .
              
               
                 And
                 the
                 Defendants
                 Plea
                 shows
                 some
                 good
                 effect
                 of
                 that
                 Enquiry
                 .
                 Diverse
                 were
                 convicted
                 :
                 And
                 one
                 
                   Tho.
                   Dangerf
                
                 .
                 deliver'd
                 in
                 an
                 Information
                 ,
                 and
                 that
                 upon
                 Oath
                 ,
                 and
                 first
                 to
                 the
                 Lords
                 House
                 ,
                 so
                 that
                 it
                 did
                 not
                 begin
                 with
                 the
                 Commons
                 ;
                 but
                 if
                 it
                 were
                 so
                 Infamous
                 and
                 Malicious
                 ,
                 why
                 did
                 not
                 the
                 Lords
                 Reject
                 it
                 ,
                 and
                 Commit
                 the
                 Informer
                 and
                 punish
                 him
                 ?
                 No
                 ,
                 they
                 receiv'd
                 it
                 ,
                 and
                 Entred
                 it
                 of
                 Record
                 in
                 their
                 Journal
                 .
                 The
                 Reason
                 was
                 ,
                 it
                 was
                 done
                 in
                 a
                 Course
                 of
                 Legal
                 proceeding
                 ,
                 they
                 could
                 not
                 reject
                 it
                 ,
                 being
                 the
                 proper
                 Court
                 of
                 Justice
                 for
                 a
                 thing
                 of
                 this
                 Nature
                 .
                 And
                 the
                 King
                 had
                 given
                 it
                 them
                 in
                 charge
                 to
                 enquire
                 .
                 Nor
                 do
                 they
                 by
                 receiving
                 of
                 it
                 give
                 it
                 any
                 Countenance
                 or
                 Credit
                 .
                 Then
                 why
                 should
                 it
                 be
                 so
                 heinous
                 a
                 thing
                 in
                 the
                 House
                 of
                 Commons
                 ,
                 more
                 than
                 in
                 the
                 Lords
                 ?
                 Let
                 us
                 remember
                 still
                 they
                 are
                 but
                 one
                 Body
                 ;
                 and
                 though
                 they
                 sever
                 themselves
                 for
                 their
                 better
                 dispatch
                 of
                 their
                 great
                 Affairs
                 ,
                 and
                 distribute
                 the
                 Work
                 amongst
                 them
                 ,
                 yet
                 the
                 Power
                 by
                 which
                 they
                 Act
                 ,
                 is
                 Entire
                 .
              
               
                 But
                 why
                 should
                 any
                 man
                 divide
                 and
                 sever
                 those
                 that
                 are
                 Entire
                 ?
                 It
                 concerns
                 the
                 Lords
                 equally
                 with
                 the
                 Commons
                 .
              
               
                 But
                 how
                 comes
                 it
                 to
                 concern
                 the
                 Speaker
                 of
                 the
                 Commons
                 so
                 highly
                 above
                 the
                 House
                 it self
                 ,
                 who
                 Acts
                 meerly
                 as
                 a
                 Minister
                 ,
                 and
                 by
                 Command
                 of
                 the
                 House
                 ;
                 but
                 that
                 ,
                 I
                 reserve
                 for
                 a
                 point
                 distinct
                 .
              
               
                 But
                 perhaps
                 it
                 may
                 be
                 allow'd
                 ,
                 that
                 what
                 is
                 done
                 by
                 either
                 House
                 ,
                 in
                 receiving
                 Dangerfield's
                 Information
                 and
                 entring
                 of
                 it
                 in
                 their
                 Journals
                 is
                 Parliamentary
                 enough
                 .
                 But
                 the
                 Offence
                 and
                 Scandal
                 arises
                 first
                 upon
                 the
                 publishing
                 of
                 it
                 in
                 print
                 .
                 
                 Now
                 a
                 word
                 or
                 two
                 to
                 that
                 .
              
               
                 Let
                 us
                 consider
                 how
                 publick
                 this
                 Information
                 of
                 Dangerfield's
                 was
                 before
                 the
                 printing
                 of
                 it
                 .
                 It
                 was
                 made
                 very
                 publick
                 by
                 being
                 deliver'd
                 at
                 the
                 Bar
                 of
                 the
                 Lords
                 ,
                 the
                 High
                 Court
                 of
                 Parliament
                 ;
                 and
                 indeed
                 all
                 Courts
                 of
                 Justice
                 ought
                 to
                 be
                 open
                 and
                 of
                 easie
                 Resort
                 .
              
               
                 The
                 Information
                 of
                 Dangerfield
                 is
                 first
                 made
                 a
                 Record
                 of
                 that
                 Court
                 ,
                 and
                 to
                 a
                 Court
                 of
                 Record
                 any
                 person
                 may
                 resort
                 ,
                 as
                 Sir
                 
                   E.
                   C.
                
                 tells
                 us
                 in
                 his
                 Preface
                 to
                 the
                 
                   3d.
                   Rep.
                
                 and
                 that
                 it
                 was
                 the
                 Ancient
                 Law
                 of
                 England
                 ,
                 and
                 is
                 so
                 declar'd
                 by
                 a
                 General
                 Act
                 of
                 Parliament
                 ,
                 46
                 
                   E.
                   3.
                   
                   C.
                
                 which
                 tho'
                 a
                 general
                 Law
                 is
                 not
                 in
                 the
                 printed
                 Book
                 of
                 Statutes
                 ,
                 as
                 I
                 observ'd
                 of
                 another
                 general
                 and
                 useful
                 Act
                 of
                 Parliament
                 before
                 (
                 however
                 it
                 comes
                 to
                 pass
                 )
                 In
                 that
                 Act
                 of
                 46
                 E.
                 3.
                 the
                 Commons
                 prayed
                 that
                 a
                 Record
                 of
                 whatsoever
                 is
                 done
                 in
                 the
                 King's
                 Court
                 ,
                 
                 ought
                 in
                 Reason
                 to
                 remain
                 there
                 for
                 perpetual
                 Evidence
                 for
                 all
                 persons
                 .
                 And
                 they
                 complain
                 that
                 of
                 late
                 the
                 Court
                 had
                 refus'd
                 to
                 suffer
                 the
                 People
                 to
                 search
                 and
                 
                 to
                 have
                 Exemplifications
                 for
                 evidence
                 against
                 the
                 King
                 or
                 to
                 his
                 disadvantage
                 .
              
               
                 Therefore
                 they
                 pray
                 that
                 search
                 and
                 Exemplification
                 be
                 made
                 to
                 any
                 persons
                 of
                 any
                 Record
                 whatsoever
                 ,
                 though
                 it
                 concern
                 the
                 King
                 or
                 any
                 other
                 ,
                 and
                 make
                 against
                 the
                 King
                 or
                 any
                 other
                 .
              
               
                 And
                 the
                 Answer
                 is
                 ,
                 
                   Le
                   Roy
                   le
                   voet
                
                 .
              
               
                 But
                 then
                 it
                 was
                 made
                 more
                 publick
                 ,
                 by
                 being
                 deliver'd
                 in
                 at
                 the
                 Bar
                 of
                 the
                 House
                 of
                 Commons
                 ,
                 which
                 ought
                 to
                 consist
                 of
                 about
                 500
                 Members
                 ,
                 who
                 are
                 suppos'd
                 to
                 come
                 from
                 all
                 parts
                 of
                 the
                 Kingdom
                 :
                 So
                 that
                 this
                 was
                 made
                 very
                 publick
                 ,
                 before
                 this
                 publishing
                 of
                 it
                 in
                 print
                 .
              
               
                 Let
                 me
                 observe
                 by
                 the
                 way
                 ,
                 that
                 this
                 Author
                 of
                 the
                 Information
                 
                   (
                   Tho.
                   Dangerfield
                
                 )
                 was
                 not
                 sent
                 for
                 by
                 the
                 House
                 of
                 Commons
                 ,
                 but
                 for
                 any
                 thing
                 that
                 appears
                 ,
                 applies
                 himself
                 to
                 the
                 House
                 of
                 Commons
                 ,
                 as
                 he
                 had
                 before
                 done
                 to
                 the
                 Lords
                 ,
                 of
                 his
                 own
                 accord
                 ,
                 so
                 that
                 this
                 is
                 far
                 from
                 malice
                 or
                 ill
                 design
                 .
              
               
                 The
                 Commons
                 order
                 it
                 to
                 be
                 entred
                 in
                 their
                 Journal
                 ,
                 among
                 other
                 Informations
                 that
                 had
                 been
                 given
                 them
                 .
              
               
                 And
                 besides
                 ,
                 they
                 order
                 this
                 and
                 several
                 others
                 to
                 be
                 Printed
                 .
              
               
                 The
                 Offence
                 and
                 Scandal
                 is
                 suppos'd
                 by
                 Mr.
                 Att.
                 Information
                 to
                 begin
                 here
                 :
                 what
                 need
                 was
                 there
                 of
                 printing
                 it
                 ?
              
               
                 I
                 wish
                 we
                 could
                 hear
                 the
                 House
                 of
                 Commons
                 answering
                 for
                 themselves
                 to
                 this
                 point
                 :
                 they
                 could
                 (
                 it
                 may
                 be
                 )
                 give
                 a
                 better
                 account
                 of
                 it
                 ,
                 and
                 a
                 sufficient
                 reason
                 for
                 the
                 Printing
                 of
                 it
                 .
              
               
                 But
                 let
                 it
                 be
                 observ'd
                 ,
                 they
                 barely
                 cause
                 it
                 to
                 be
                 Printed
                 .
              
               
                 They
                 do
                 not
                 give
                 any
                 Attestation
                 or
                 Credit
                 to
                 it
                 ,
                 but
                 leave
                 all
                 that
                 hear
                 or
                 read
                 it
                 ,
                 to
                 judge
                 or
                 believe
                 as
                 they
                 think
                 fit
                 .
                 They
                 do
                 not
                 make
                 it
                 their
                 own
                 ,
                 by
                 printing
                 it
                 without
                 mention
                 of
                 the
                 true
                 Author
                 ,
                 they
                 style
                 it
                 the
                 Information
                 of
                 
                   Tho.
                   Dangerfield
                
                 ,
                 as
                 indeed
                 it
                 was
                 ;
                 they
                 do
                 not
                 adopt
                 it
                 their
                 own
                 ,
                 as
                 they
                 had
                 done
                 ,
                 had
                 they
                 left
                 out
                 the
                 name
                 of
                 the
                 Author
                 .
              
               
                 Nay
                 the
                 Author
                 himself
                 had
                 deliver'd
                 it
                 in
                 a
                 course
                 of
                 Justice
                 and
                 in
                 the
                 Highest
                 Court
                 of
                 Justice
                 ,
                 
                   i.
                   e.
                
                 before
                 the
                 Lords
                 in
                 Parliament
                 .
                 If
                 it
                 were
                 a
                 Libell
                 and
                 Slander
                 ,
                 why
                 did
                 the
                 Lords
                 receive
                 it
                 ,
                 
                 and
                 cause
                 it
                 to
                 be
                 entred
                 of
                 Record
                 as
                 they
                 did
                 ?
                 Why
                 did
                 they
                 not
                 rather
                 reject
                 the
                 Information
                 and
                 punish
                 the
                 Author
                 ?
              
               
                 If
                 it
                 were
                 no
                 Crime
                 in
                 the
                 Author
                 to
                 deliver
                 it
                 to
                 the
                 Lords
                 ,
                 were
                 it
                 true
                 or
                 false
                 ,
                 Why
                 should
                 it
                 be
                 a
                 Crime
                 to
                 Print
                 it
                 as
                 being
                 his
                 ,
                 and
                 with
                 his
                 Name
                 ?
              
               
                 Whether
                 the
                 matter
                 of
                 that
                 Information
                 were
                 true
                 or
                 false
                 ,
                 yet
                 what
                 is
                 done
                 by
                 the
                 House
                 of
                 Commons
                 and
                 by
                 the
                 Defendant
                 as
                 their
                 Speaker
                 ,
                 is
                 all
                 true
                 ,
                 that
                 is
                 that
                 
                   Tho.
                   Dangerfield
                
                 had
                 drawn
                 up
                 ,
                 and
                 was
                 the
                 Author
                 of
                 such
                 an
                 Information
                 ,
                 and
                 this
                 was
                 true
                 .
                 By
                 the
                 Statutes
                 that
                 punish
                 the
                 Reporters
                 of
                 false
                 News
                 ,
                 the
                 penalty
                 is
                 but
                 Imprisonment
                 ,
                 till
                 the
                 first
                 Author
                 be
                 brought
                 forth
                 ,
                 and
                 that
                 is
                 done
                 in
                 this
                 Case
                 .
              
               
               
                 The
                 Author
                 is
                 avouch'd
                 ,
                 
                 and
                 his
                 name
                 is
                 Printed
                 with
                 the
                 Information
                 ,
                 and
                 it
                 is
                 upon
                 Record
                 in
                 the
                 Lords
                 House
                 ,
                 and
                 he
                 in
                 person
                 did
                 present
                 it
                 to
                 the
                 Lords
                 .
              
               
                 Besides
                 ,
                 if
                 there
                 can
                 be
                 any
                 just
                 reason
                 or
                 occasion
                 assign'd
                 for
                 the
                 Printing
                 of
                 it
                 ,
                 it
                 shall
                 never
                 be
                 ascrib'd
                 to
                 malice
                 or
                 ill
                 design
                 ,
                 and
                 without
                 malice
                 alledg'd
                 ,
                 this
                 Information
                 lies
                 not
                 .
              
               
                 Nor
                 can
                 a
                 thing
                 so
                 dishonourable
                 as
                 malice
                 and
                 ill
                 design
                 ,
                 be
                 decently
                 or
                 justly
                 conceiv'd
                 or
                 objected
                 against
                 so
                 Great
                 and
                 Grave
                 an
                 Assembly
                 :
                 why
                 ?
                 it
                 is
                 the
                 Body
                 of
                 the
                 whole
                 Nation
                 .
              
               
                 And
                 can
                 a
                 whole
                 Nation
                 be
                 in
                 Reason
                 suspected
                 to
                 harbour
                 Malice
                 ,
                 and
                 to
                 have
                 a
                 Design
                 against
                 the
                 Common-weal
                 ,
                 that
                 is
                 against
                 themselves
                 ?
              
               
                 There
                 may
                 most
                 probably
                 and
                 justly
                 be
                 this
                 in
                 the
                 Case
                 ,
                 to
                 induce
                 the
                 Printing
                 this
                 Narrative
                 or
                 Information
                 of
                 Dangerfield
                 .
              
               
                 The
                 Plot
                 was
                 very
                 desperate
                 and
                 dangerous
                 ,
                 it
                 was
                 not
                 yet
                 fully
                 discover'd
                 and
                 search'd
                 to
                 the
                 bottom
                 .
              
               
                 They
                 were
                 Commanded
                 by
                 the
                 King
                 to
                 search
                 further
                 into
                 it
                 .
                 Besides
                 it
                 was
                 the
                 proper
                 work
                 of
                 the
                 House
                 of
                 Commons
                 so
                 to
                 enquire
                 ,
                 as
                 they
                 were
                 the
                 Grand
                 Inquest
                 of
                 the
                 Nation
                 .
              
               
                 Here
                 was
                 one
                 positive
                 Witness
                 already
                 that
                 had
                 sworn
                 to
                 these
                 particulars
                 ,
                 before
                 the
                 Highest
                 Court
                 of
                 Justice
                 ,
                 where
                 the
                 great
                 Persons
                 concern'd
                 in
                 it
                 ,
                 sate
                 themselves
                 as
                 Members
                 of
                 the
                 Lords
                 House
                 .
              
               
                 But
                 one
                 Witness
                 alone
                 ,
                 though
                 it
                 were
                 sufficient
                 to
                 make
                 an
                 Accusation
                 ,
                 yet
                 it
                 was
                 not
                 enough
                 to
                 make
                 a
                 Conviction
                 ;
                 in
                 High
                 Treason
                 the
                 Law
                 requires
                 two
                 at
                 least
                 .
              
               
                 The
                 House
                 of
                 Commons
                 could
                 not
                 in
                 Duty
                 and
                 Conscience
                 to
                 the
                 King
                 and
                 Kingdom
                 ,
                 pass
                 it
                 by
                 or
                 let
                 it
                 sleep
                 .
              
               
                 This
                 Information
                 tho'
                 but
                 from
                 one
                 man
                 ,
                 might
                 possibly
                 have
                 given
                 Courage
                 to
                 another
                 Person
                 or
                 more
                 than
                 one
                 to
                 testify
                 to
                 the
                 same
                 particulars
                 ,
                 if
                 there
                 were
                 any
                 more
                 that
                 knew
                 them
                 to
                 be
                 true
                 ,
                 who
                 were
                 unwilling
                 to
                 be
                 the
                 first
                 in
                 the
                 discovery
                 ,
                 not
                 knowing
                 but
                 they
                 might
                 stand
                 singly
                 in
                 it
                 :
                 but
                 finding
                 the
                 discovery
                 already
                 made
                 and
                 sworn
                 to
                 ,
                 might
                 then
                 think
                 it
                 their
                 Duty
                 ,
                 and
                 be
                 encouraged
                 to
                 appear
                 also
                 in
                 it
                 ,
                 when
                 it
                 might
                 probably
                 be
                 of
                 effect
                 and
                 amount
                 to
                 a
                 Legal
                 Testimony
                 .
                 The
                 difficulty
                 ,
                 and
                 the
                 danger
                 ,
                 and
                 discouragement
                 ,
                 lay
                 upon
                 the
                 first
                 Informer
                 .
              
               
                 This
                 Consideration
                 might
                 induce
                 the
                 House
                 of
                 Commons
                 out
                 of
                 a
                 Sense
                 of
                 their
                 Duty
                 ,
                 to
                 make
                 a
                 further
                 and
                 impartial
                 enquiry
                 as
                 his
                 Majesty
                 had
                 commanded
                 them
                 ,
                 to
                 make
                 it
                 yet
                 (
                 if
                 possible
                 )
                 a
                 little
                 more
                 publick
                 in
                 order
                 to
                 a
                 fuller
                 proof
                 :
                 and
                 Printing
                 is
                 but
                 one
                 way
                 among
                 many
                 other
                 of
                 Publishing
                 or
                 Enquiring
                 into
                 any
                 matter
                 .
              
               
               
                 And
                 of
                 late
                 years
                 enquiry
                 by
                 Printing
                 has
                 been
                 a
                 most
                 frequent
                 practice
                 ,
                 and
                 we
                 meet
                 with
                 it
                 every
                 week
                 ,
                 and
                 it
                 is
                 become
                 the
                 most
                 ordinary
                 way
                 of
                 making
                 enquiries
                 ,
                 which
                 run
                 into
                 all
                 parts
                 of
                 the
                 Nation
                 .
                 And
                 the
                 Printing
                 of
                 publick
                 Proceedings
                 at
                 Tryals
                 ,
                 has
                 been
                 generally
                 of
                 late
                 practis'd
                 by
                 the
                 Courts
                 of
                 Law
                 ,
                 or
                 by
                 the
                 Judges
                 of
                 those
                 Courts
                 ,
                 or
                 by
                 the
                 chief
                 of
                 them
                 .
              
               
                 But
                 what
                 has
                 made
                 this
                 Information
                 of
                 Dangerfield's
                 more
                 publick
                 ,
                 than
                 Mr.
                 Attorney
                 General
                 's
                 preferring
                 this
                 Information
                 against
                 the
                 Defedant
                 Mr.
                 Williams
                 ,
                 for
                 causing
                 it
                 to
                 be
                 publish'd
                 in
                 Print
                 ?
              
               
                 Had
                 it
                 not
                 been
                 thus
                 awaken'd
                 again
                 ,
                 it
                 might
                 have
                 slept
                 in
                 silence
                 ,
                 and
                 have
                 been
                 Buried
                 in
                 Oblivion
                 .
              
               
                 Tacitus
                 the
                 Roman
                 Historian
                 tells
                 us
                 in
                 his
                 Annals
                 in
                 the
                 Life
                 of
                 Nero
                 ,
                 of
                 one
                 
                   Fabricius
                   Veiento
                
                 ,
                 who
                 was
                 accus'd
                 for
                 uttering
                 slanderous
                 Speeches
                 against
                 the
                 Lords
                 of
                 the
                 Senate
                 and
                 against
                 the
                 Priests
                 ,
                 in
                 certain
                 Books
                 ,
                 which
                 he
                 termed
                 Codicello's
                 ,
                 which
                 in
                 our
                 Dialect
                 ,
                 is
                 the
                 same
                 with
                 Libels
                 or
                 little
                 Books
                 .
              
               
                 Nero
                 would
                 have
                 the
                 hearing
                 of
                 the
                 Cause
                 himself
                 ,
                 and
                 he
                 was
                 Convicted
                 before
                 him
                 ,
                 and
                 was
                 Condemn'd
                 to
                 Exile
                 ,
                 and
                 his
                 Books
                 were
                 Sentenced
                 to
                 be
                 burnt
                 .
              
               
                 Tacitus
                 observes
                 ,
                 that
                 before
                 this
                 Sentence
                 for
                 the
                 burning
                 of
                 the
                 Books
                 ,
                 there
                 was
                 little
                 notice
                 taken
                 of
                 these
                 Books
                 ,
                 and
                 few
                 there
                 were
                 that
                 read
                 them
                 :
                 but
                 when
                 once
                 it
                 grew
                 dangerous
                 to
                 read
                 them
                 ,
                 then
                 they
                 were
                 much
                 sought
                 after
                 .
              
               
                 But
                 the
                 very
                 opening
                 of
                 that
                 Information
                 of
                 Dangerfield
                 here
                 in
                 this
                 great
                 Court
                 ,
                 and
                 in
                 so
                 great
                 an
                 Audience
                 ,
                 which
                 was
                 of
                 necessity
                 ,
                 and
                 occasion'd
                 by
                 Mr.
                 Attornies
                 Information
                 that
                 recites
                 it
                 ,
                 tho'
                 Mr.
                 Attorney
                 never
                 intended
                 this
                 ill
                 consequence
                 ,
                 hath
                 made
                 the
                 matter
                 of
                 it
                 as
                 publick
                 as
                 possibly
                 can
                 be
                 .
              
               
                 And
                 it
                 must
                 be
                 observ'd
                 ,
                 that
                 it
                 never
                 yet
                 came
                 so
                 far
                 as
                 to
                 a
                 Tryal
                 ,
                 nor
                 to
                 have
                 an
                 Ignoramus
                 found
                 ,
                 much
                 less
                 to
                 an
                 acquital
                 
                   modo
                   legitimo
                
                 ,
                 in
                 which
                 case
                 ,
                 according
                 to
                 the
                 Opinion
                 of
                 some
                 Judges
                 ,
                 an
                 Action
                 of
                 Conspiracy
                 ,
                 or
                 upon
                 the
                 Case
                 for
                 a
                 Slander
                 will
                 not
                 lye
                 ,
                 as
                 not
                 being
                 ripe
                 for
                 it
                 till
                 an
                 Acquital
                 :
                 by
                 the
                 same
                 Reason
                 it
                 is
                 not
                 ready
                 for
                 an
                 Information
                 ,
                 which
                 is
                 but
                 the
                 King's
                 Suit
                 ,
                 the
                 Reason
                 being
                 the
                 same
                 in
                 both
                 .
              
               
               
                 But
                 it
                 may
                 perhaps
                 be
                 thought
                 ,
                 
                 that
                 in
                 respect
                 of
                 the
                 Persons
                 concern'd
                 in
                 it
                 ,
                 this
                 was
                 too
                 high
                 a
                 Flight
                 ,
                 and
                 too
                 bold
                 an
                 Attempt
                 ,
                 and
                 that
                 the
                 height
                 and
                 eminence
                 of
                 some
                 persons
                 may
                 exempt
                 them
                 from
                 common
                 Justice
                 ,
                 and
                 from
                 the
                 Power
                 even
                 of
                 a
                 Parliament
                 .
              
               
                 In
                 answer
                 to
                 which
                 ,
                 I
                 would
                 observe
                 ,
                 that
                 some
                 Laws
                 are
                 more
                 especially
                 levell'd
                 against
                 the
                 Highest
                 Subjects
                 .
              
               
                 By
                 the
                 Statute
                 of
                 
                   W.
                   1.
                   c.
                
                 5.
                 
                 The
                 King
                 forbids
                 that
                 
                   nul
                   haute
                   homme
                
                 ,
                 no
                 High
                 or
                 Great
                 Man
                 ,
                 upon
                 pain
                 of
                 grievous
                 forseiture
                 ,
                 disturb
                 Elections
                 ,
                 but
                 Elections
                 ought
                 to
                 be
                 free
                 .
              
               
                 The
                 like
                 may
                 be
                 observ'd
                 in
                 the
                 Statute
                 of
                 
                   W.
                   1.
                   c.
                   35.
                   
                   Des
                   hautes
                   bommes
                   ,
                
                 &c.
                 
              
               
                 And
                 the
                 greater
                 the
                 Persons
                 are
                 ,
                 if
                 they
                 are
                 in
                 the
                 rank
                 of
                 Subjects
                 ,
                 they
                 must
                 be
                 subject
                 to
                 the
                 King's
                 Laws
                 ,
                 and
                 they
                 are
                 the
                 more
                 proper
                 for
                 the
                 undertaking
                 and
                 encounter
                 of
                 this
                 High
                 Court.
                 It
                 will
                 not
                 be
                 
                   Impar
                   congressus
                
                 .
              
               
                 I
                 cited
                 before
                 ,
                 
                   the
                   Mirror
                   of
                   Justices
                   ,
                   Chap.
                   1.
                   
                   Pag.
                
                 9.
                 where
                 it
                 is
                 said
                 ,
                 that
                 Parliaments
                 were
                 ordained
                 for
                 to
                 hear
                 and
                 determine
                 in
                 such
                 wrongs
                 ,
                 and
                 against
                 such
                 Persons
                 ,
                 
                   especially
                   against
                   whom
                   otherwise
                   Common
                   Right
                   cannot
                   be
                   had
                   .
                
              
               
                 I
                 will
                 cite
                 no
                 Historians
                 to
                 prove
                 what
                 hath
                 been
                 done
                 in
                 Antient
                 Times
                 within
                 this
                 very
                 Kingdom
                 ,
                 of
                 this
                 Nature
                 against
                 the
                 highest
                 Subjects
                 .
              
               
                 I
                 will
                 keep
                 still
                 within
                 my
                 own
                 Sphere
                 ,
                 and
                 cite
                 none
                 but
                 Authorities
                 in
                 Law.
                 And
                 so
                 keep
                 my self
                 in
                 the
                 way
                 that
                 belongs
                 to
                 me
                 ,
                 and
                 so
                 doing
                 ,
                 I
                 am
                 under
                 the
                 Protection
                 of
                 this
                 Court
                 and
                 of
                 the
                 Law
                 ,
                 and
                 may
                 relye
                 upon
                 the
                 performance
                 of
                 that
                 Blessed
                 Promise
                 ,
                 
                   He
                   will
                   keep
                   thee
                   in
                   all
                   thy
                   ways
                   .
                
              
               
                 There
                 must
                 be
                 no
                 respect
                 of
                 Persons
                 in
                 doing
                 Justice
                 .
                 The
                 great
                 Judge
                 of
                 all
                 the
                 World
                 gives
                 it
                 as
                 a
                 Rule
                 ,
                 and
                 himself
                 gives
                 the
                 Example
                 ,
                 
                   God
                   is
                   no
                   respecter
                   of
                   Persons
                   .
                
              
               
                 The
                 King
                 was
                 pleas'd
                 to
                 charge
                 both
                 Houses
                 ,
                 to
                 make
                 a
                 strict
                 and
                 impartial
                 Enquiry
                 .
              
               
                 I
                 shall
                 cite
                 two
                 Authorities
                 in
                 Law
                 ,
                 that
                 come
                 to
                 this
                 point
                 .
              
               
               
                 
                   The
                   first
                   is
                   in
                   Case
                   of
                
                 a
                 Brother
                 and
                 an
                 Heir
                 apparent
                 too
                 ,
                 
                 
                   and
                   of
                   a
                   Person
                   that
                   did
                   after
                   succeed
                   in
                   the
                   Crown
                   .
                   King
                
                 Richard
                 the
                 1st
                 .
                 
                   in
                   his
                
                 Magna
                 Curia
                 ,
                 petiit
                 sibi
                 Judicium
                 fieri
                 de
                 Comite
                 Johanne
                 fratre
                 fuo
                 qui
                 contra
                 fidelitatem
                 quam
                 ei
                 juraverat
                 ,
                 Foedus
                 contra
                 eum
                 cum
                 inimico
                 suo
                 Rege
                 Franciae
                 inierat
                 .
                 
                   That
                   was
                   the
                   Offence
                   charg'd
                
                 .
              
               
                 It
                 may
                 possibly
                 be
                 Objected
                 that
                 the
                 King
                 himself
                 complain'd
                 :
                 True
                 ,
                 but
                 he
                 complains
                 to
                 the
                 proper
                 Judicature
                 :
                 This
                 proves
                 their
                 Power
                 .
              
               
                 Hunts
                 Arguments
                 for
                 Bishops
                 ,
                 fol.
                 80.
                 
              
               
                 But
                 what
                 did
                 the
                 High
                 Court
                 do
                 upon
                 that
                 Complaint
                 ?
              
               
                 They
                 pronounc'd
                 a
                 very
                 severe
                 Sentence
                 ,
                 tho'
                 it
                 were
                 but
                 in
                 the
                 Nature
                 of
                 a
                 mean
                 process
                 to
                 make
                 him
                 appear
                 ,
                 and
                 Answer
                 .
              
               
                 
                   Seld.
                   Tit.
                   of
                   Hon.
                   fol.
                
                 707.
                 
                 The
                 Lords
                 Order
                 or
                 adjudge
                 ,
                 that
                 if
                 John
                 Earl
                 of
                 Moreton
                 did
                 not
                 appear
                 within
                 40
                 Days
                 after
                 Summons
                 ,
                 
                   Judicaverunt
                   Comitem
                   Johannem
                   demeruisse
                   Regnum
                
                 .
              
               
                 Let
                 me
                 remember
                 you
                 of
                 a
                 stronger
                 and
                 higher
                 Case
                 ,
                 and
                 I
                 have
                 it
                 out
                 of
                 an
                 Author
                 of
                 the
                 Law
                 too
                 .
                 
                   Crompt
                   .
                   Jurisd
                   .
                   of
                   Courts
                
                 in
                 his
                 
                   Chapter
                   of
                   the
                   Court
                   of
                   the
                   King
                   's
                   Bench.
                   
                
              
               
                 In
                 a
                 Case
                 of
                 
                   Corpus
                   cum
                   Causa
                   .
                   Whidden
                
                 ,
                 one
                 of
                 the
                 Judges
                 of
                 the
                 Court
                 ,
                 cited
                 a
                 Case
                 that
                 did
                 happen
                 in
                 the
                 time
                 of
                 
                   Gascoign
                   Ch.
                   I.
                
                 in
                 the
                 Reign
                 of
                 King
                 
                   H.
                   4.
                   
                   Gascoign
                
                 committed
                 the
                 Prince
                 of
                 Wales
                 (
                 who
                 was
                 afterwards
                 our
                 King
                 H.
                 the
                 5th
                 .
                 )
                 to
                 Prison
                 for
                 endeavouring
                 to
                 take
                 away
                 a
                 Prisoner
                 from
                 the
                 Bar
                 of
                 the
                 King's
                 Bench
                 ,
                 and
                 the
                 Prince
                 humbly
                 submitted
                 and
                 went
                 to
                 Prison
                 ,
                 and
                 the
                 King
                 hearing
                 of
                 it
                 ,
                 commended
                 it
                 .
              
               
                 If
                 the
                 King's
                 Bench
                 ,
                 being
                 an
                 Inferior
                 Court
                 to
                 that
                 high
                 Court
                 ,
                 might
                 soar
                 so
                 high
                 ,
                 how
                 much
                 more
                 the
                 highest
                 Court
                 of
                 the
                 Realm
                 ;
                 where
                 the
                 King
                 sits
                 in
                 the
                 Exaltation
                 of
                 his
                 Orb
                 ,
                 and
                 is
                 in
                 his
                 greatest
                 Splendor
                 ?
              
               
                 The
                 King
                 indeed
                 is
                 presum'd
                 in
                 Law
                 to
                 be
                 in
                 this
                 Court
                 ,
                 which
                 makes
                 the
                 style
                 of
                 its
                 proceedings
                 to
                 be
                 
                   Coram
                   Rege
                
                 ,
                 and
                 some
                 of
                 our
                 Kings
                 have
                 been
                 said
                 to
                 have
                 sate
                 here
                 .
                 But
                 the
                 King
                 is
                 in
                 his
                 High
                 Court
                 of
                 Parliament
                 ,
                 
                   per
                   Eminentiam
                
                 ,
                 as
                 
                   K.
                   H.
                
                 8.
                 one
                 of
                 the
                 highest
                 and
                 most
                 resolute
                 of
                 our
                 Kings
                 ,
                 said
                 in
                 the
                 Case
                 of
                 Ferrers
                 (
                 which
                 I
                 cited
                 before
                 to
                 another
                 Point
                 .
                 )
                 That
                 he
                 was
                 informed
                 by
                 his
                 Judges
                 ,
                 (
                 who
                 were
                 all
                 then
                 present
                 )
                 
                 that
                 he
                 in
                 no
                 time
                 stood
                 so
                 high
                 in
                 his
                 State
                 Royal
                 ,
                 as
                 in
                 the
                 time
                 of
                 Parliament
                 .
                 Then
                 if
                 we
                 consider
                 the
                 Person
                 whom
                 the
                 
                   Ch.
                   I.
                   Gascoign
                
                 Committed
                 .
                 He
                 was
                 a
                 continuing
                 ,
                 settled
                 ,
                 fixed
                 Heir
                 ,
                 and
                 then
                 Prince
                 of
                 Wales
                 ,
                 whose
                 Chair
                 now
                 stands
                 Vacant
                 in
                 the
                 Lord's
                 House
                 in
                 time
                 of
                 Parliament
                 ,
                 and
                 afterwards
                 this
                 Prince
                 of
                 Wales
                 proved
                 a
                 Renowned
                 King.
                 
              
               
                 
                   Nescit
                   Imperare
                   qui
                   nescit
                   obtemperare
                
                 .
                 The
                 Sacred
                 Scriptures
                 tell
                 us
                 ,
                 that
                 the
                 
                   Heir
                   differeth
                   nothing
                   from
                   a
                   Servant
                   .
                
                 I
                 may
                 say
                 also
                 from
                 a
                 Subject
                 ,
                 
                   until
                   the
                   time
                   appointed
                   of
                   the
                   Father
                   ,
                
                 Gal.
                 4.
                 1
                 ,
                 3.
                 
              
               
                 What
                 would
                 the
                 Author
                 of
                 the
                 Sermon
                 preach'd
                 before
                 the
                 University
                 have
                 said
                 in
                 these
                 Cases
                 that
                 I
                 have
                 cited
                 ?
              
               
                 He
                 would
                 have
                 call'd
                 them
                 Unwarrantable
                 Proceedings
                 ,
                 and
                 would
                 have
                 affirm'd
                 that
                 the
                 Persons
                 thus
                 proceeded
                 against
                 ,
                 were
                 too
                 sacred
                 to
                 be
                 touch'd
                 with
                 such
                 unhallowed
                 Hands
                 .
                 This
                 hath
                 been
                 the
                 Bold
                 Language
                 from
                 the
                 Pulpit
                 and
                 the
                 Press
                 ,
                 if
                 the
                 Title
                 of
                 the
                 Book
                 be
                 true
                 from
                 a
                 
                   Cambr.
                   Dr.
                   Oblitus
                   Professionis
                   suae
                   ,
                   quae
                   nil
                   nisi
                   lene
                   suadet
                   &
                   justum
                   .
                
              
               
                 And
                 the
                 Author
                 while
                 he
                 was
                 guilty
                 of
                 gross
                 Flattery
                 on
                 the
                 one
                 hand
                 ,
                 was
                 not
                 afraid
                 to
                 run
                 into
                 the
                 other
                 Extream
                 ,
                 of
                 speaking
                 Evil
                 of
                 Dignities
                 ,
                 
                 on
                 the
                 other
                 hand
                 ,
                 of
                 one
                 of
                 the
                 three
                 Estates
                 of
                 the
                 Realm
                 ,
                 of
                 the
                 Representative
                 of
                 the
                 Great
                 Body
                 (
                 whereof
                 he
                 himself
                 makes
                 but
                 a
                 small
                 inconsiderable
                 Atome
                 )
                 .
              
               
                 We
                 know
                 from
                 certain
                 and
                 undoubted
                 Histories
                 of
                 our
                 own
                 ,
                 that
                 in
                 the
                 time
                 of
                 King
                 H.
                 8.
                 greater
                 Persons
                 in
                 the
                 Account
                 of
                 the
                 Law
                 than
                 the
                 Prince
                 of
                 Wales
                 ,
                 and
                 yet
                 but
                 Subjects
                 of
                 the
                 King
                 have
                 been
                 brought
                 to
                 Tryal
                 ,
                 and
                 that
                 before
                 Lords
                 Commissioners
                 ;
                 and
                 however
                 ,
                 in
                 other
                 Respects
                 their
                 Cases
                 might
                 be
                 very
                 hard
                 ,
                 yet
                 it
                 was
                 never
                 doubted
                 but
                 they
                 were
                 Subject
                 to
                 the
                 Law
                 and
                 Justice
                 .
              
               
                 Now
                 to
                 proceed
                 to
                 my
                 second
                 Point
                 ,
                 wherein
                 I
                 shall
                 be
                 brief
                 .
                 viz.
                 
              
               
                 That
                 however
                 ,
                 
                 the
                 Matters
                 Charged
                 in
                 the
                 Attorney
                 General
                 's
                 Information
                 are
                 not
                 to
                 be
                 imputed
                 to
                 the
                 Defendant
                 in
                 this
                 Case
                 :
                 He
                 being
                 but
                 the
                 Minister
                 or
                 Mouth
                 of
                 the
                 House
                 ,
                 and
                 Acting
                 only
                 by
                 their
                 Order
                 .
              
               
               
                 He
                 is
                 frequently
                 in
                 the
                 Parliament
                 Records
                 styled
                 the
                 Mouth
                 of
                 the
                 House
                 whose
                 Speaker
                 he
                 is
                 .
              
               
                 Mr.
                 Hakewell
                 in
                 his
                 Treatise
                 of
                 Parliaments
                 fol.
                 200.
                 among
                 the
                 Catalogue
                 of
                 Speakers
                 ,
                 
                 begins
                 with
                 
                   Petrus
                   de
                   Mountf
                
                 .
                 whom
                 he
                 makes
                 Speaker
                 44
                 H.
                 3.
                 of
                 the
                 House
                 of
                 Commons
                 ,
                 and
                 he
                 cites
                 the
                 Register
                 of
                 St.
                 Albans
                 for
                 it
                 ,
                 Fol.
                 207.
                 where
                 it
                 is
                 said
                 that
                 
                   Petrus
                   de
                   Mountford
                   Vice
                   totius
                   Communitatis
                
                 consented
                 to
                 the
                 Judgment
                 of
                 Banishment
                 of
                 
                   Adomar
                   de
                   Valence
                
                 Bishop
                 of
                 Winchester
                 ,
                 and
                 Sir
                 Robert
                 Cotton
                 agrees
                 with
                 Mr.
                 Hakewell
                 in
                 this
                 Point
                 .
                 Mr.
                 Pryn
                 in
                 his
                 Preface
                 to
                 Sir
                 Cotton's
                 Abr.
                 is
                 of
                 an
                 Opinion
                 by
                 himself
                 ,
                 that
                 
                   tota
                   Communitas
                
                 signifies
                 the
                 whole
                 Baronage
                 .
                 But
                 it
                 appears
                 by
                 the
                 Body
                 of
                 the
                 Letter
                 there
                 written
                 ,
                 that
                 Communitas
                 is
                 distinguished
                 from
                 the
                 Majores
                 .
                 Sir
                 Sir
                 Cotton's
                 
                   Abridgement
                   6
                   E.
                   3.
                   fol.
                
                 12.
                 in
                 the
                 upper
                 part
                 ,
                 It
                 is
                 said
                 ,
                 the
                 Lords
                 and
                 Great
                 Men
                 
                   by
                   the
                   Mouth
                
                 of
                 Sir
                 
                   Henry
                   Beaumont
                
                 .
              
               
                 Mr.
                 Hakewell
                 in
                 his
                 aforesaid
                 Treatise
                 ,
                 speaking
                 of
                 
                   William
                   Trussel
                
                 ,
                 says
                 ,
                 the
                 Commons
                 aswered
                 by
                 his
                 Mouth
                 .
                 13
                 E.
                 3.
                 
              
               
                 2
                 
                   R.
                   2.
                   
                   Numb
                
                 .
                 16.
                 
                 Sir
                 Cotton's
                 
                   Abr.
                   fol.
                
                 174.
                 
                 The
                 Commons
                 return
                 their
                 Answer
                 to
                 the
                 King
                 by
                 Sir
                 
                   James
                   Pickering
                
                 their
                 Speaker
                 .
              
               
                 17
                 
                   R.
                   2.
                   
                   Numb
                
                 .
                 17.
                 
                 Sir
                 
                   R.
                   Cott.
                   Abr.
                
                 353.
                 
                 The
                 King
                 advising
                 with
                 the
                 Commons
                 ,
                 concerning
                 a
                 Peace
                 with
                 France
                 ,
                 return
                 their
                 Answer
                 by
                 Sir
                 
                   John
                   Bussey
                
                 their
                 Speaker
                 .
              
               
                 Mr.
                 Hakewell
                 in
                 his
                 Book
                 before
                 cited
                 ,
                 
                   fol.
                   205.
                   7
                   
                   H.
                
                 4.
                 says
                 ,
                 that
                 Sir
                 
                   John
                   Tiptoft
                
                 ,
                 while
                 he
                 was
                 Speaker
                 ,
                 signed
                 and
                 sealed
                 the
                 Deed
                 of
                 Entailing
                 the
                 Crown
                 with
                 these
                 words
                 ,
                 
                   Nomine
                   totius
                   Communitatis
                
                 .
              
               
                 Mr.
                 Elsing
                 in
                 his
                 Treatise
                 of
                 Parliaments
                 ,
                 fol.
                 125.
                 tells
                 us
                 ,
                 that
                 what
                 was
                 spoken
                 by
                 the
                 Speaker
                 is
                 entred
                 in
                 the
                 Rolls
                 ,
                 as
                 spoken
                 by
                 the
                 Commons
                 .
              
               
                 But
                 take
                 what
                 is
                 done
                 by
                 the
                 Defendant
                 to
                 be
                 his
                 proper
                 acting
                 ,
                 yet
                 he
                 acting
                 only
                 as
                 a
                 Minister
                 and
                 Servant
                 to
                 the
                 High
                 Court
                 of
                 Parliament
                 ,
                 by
                 the
                 ordinary
                 Rules
                 of
                 Law
                 ,
                 in
                 Cases
                 of
                 Officers
                 ,
                 he
                 is
                 not
                 suable
                 ,
                 nor
                 any
                 way
                 punishable
                 for
                 it
                 .
              
               
               
                 This
                 is
                 Resolved
                 in
                 the
                 Rutland's
                 Case
                 6
                 Rep.
                 54.
                 and
                 the
                 same
                 Case
                 likewise
                 Reported
                 in
                 Moor's
                 Rep.
                 765.
                 
                 That
                 an
                 Officer
                 or
                 Minister
                 executing
                 Process
                 which
                 is
                 erroneously
                 awarded
                 (
                 as
                 where
                 a
                 Capias
                 is
                 awarded
                 against
                 a
                 Peer
                 )
                 the
                 Officer
                 is
                 to
                 be
                 excus'd
                 ;
                 for
                 he
                 must
                 not
                 dispute
                 the
                 Authority
                 of
                 the
                 Court
                 ,
                 but
                 obey
                 .
                 And
                 in
                 that
                 Case
                 the
                 Secondaries
                 of
                 the
                 Counter
                 ,
                 and
                 the
                 Serjeants
                 in
                 London
                 were
                 excus'd
                 and
                 held
                 not
                 guilty
                 of
                 any
                 offence
                 .
              
               
                 So
                 in
                 the
                 Case
                 of
                 the
                 Marshelsea
                 ,
                 10
                 Rep.
                 76.
                 
                 Where
                 the
                 distinction
                 is
                 ,
                 If
                 the
                 Court
                 have
                 a
                 Jurisdiction
                 ,
                 the
                 Officer
                 is
                 excus'd
                 though
                 the
                 Process
                 be
                 Erroneous
                 .
                 
                   Qui
                   jussu
                   Judicis
                   aliquod
                   fecerit
                   ,
                   non
                   videtur
                   dolo
                   malo
                   fecisse
                   quia
                   parere
                   necesse
                   est
                   .
                
              
               
                 
                   Keilwey
                   99.
                   a
                   Med.
                
                 by
                 Brudnel
                 ,
                 and
                 the
                 Lord
                 Dier
                 in
                 Trewinnard's
                 Case
                 fo
                 .
                 60.
                 b
                 Where
                 a
                 Writ
                 of
                 Priviledge
                 in
                 case
                 of
                 a
                 Parliament-man
                 Arrested
                 ,
                 is
                 granted
                 ,
                 where
                 it
                 ought
                 not
                 to
                 be
                 ;
                 and
                 the
                 Sheriff
                 by
                 virtue
                 of
                 that
                 Writ
                 discharged
                 the
                 person
                 Arrested
                 .
                 Yet
                 the
                 Sheriff
                 (
                 saith
                 that
                 Case
                 )
                 is
                 not
                 chargeable
                 in
                 an
                 Action
                 for
                 this
                 :
                 
                   Parere
                   necesse
                   est
                
                 .
                 What
                 that
                 necessity
                 is
                 we
                 may
                 see
                 in
                 that
                 Case
                 of
                 
                   Trewinnard
                   ,
                   Dier
                   fo
                   .
                   61.
                   a
                   Med.
                
                 if
                 the
                 Sheriff
                 refuse
                 to
                 execute
                 the
                 Writ
                 .
              
               
                 And
                 as
                 a
                 fair
                 warning
                 to
                 Sheriffs
                 ,
                 and
                 other
                 Officers
                 not
                 to
                 resist
                 or
                 disobey
                 the
                 Commands
                 and
                 Orders
                 of
                 the
                 House
                 of
                 Commons
                 ,
                 the
                 Lord
                 Dier
                 mentions
                 what
                 punishment
                 was
                 inflicted
                 upon
                 the
                 Sheriffs
                 of
                 London
                 ,
                 in
                 the
                 Case
                 of
                 
                   Geo.
                   Ferrers
                
                 .
              
               
                 They
                 were
                 committed
                 to
                 the
                 Tower
                 for
                 their
                 contempt
                 in
                 not
                 letting
                 a
                 Parliament-man
                 taken
                 in
                 Execution
                 ,
                 to
                 go
                 at
                 large
                 ,
                 when
                 the
                 Serjeant
                 at
                 Arms
                 of
                 the
                 House
                 of
                 Commons
                 came
                 for
                 him
                 without
                 a
                 Writ
                 .
              
               
                 Nay
                 the
                 Lord
                 Dier
                 says
                 ,
                 in
                 the
                 latter
                 end
                 of
                 that
                 Case
                 of
                 Trewinnard
                 ,
                 that
                 if
                 the
                 Parliament
                 err'd
                 (
                 he
                 speaks
                 it
                 of
                 the
                 House
                 of
                 Commons
                 )
                 yet
                 there
                 is
                 no
                 default
                 in
                 the
                 Sheriff
                 .
              
               
                 When
                 the
                 late
                 King
                 being
                 in
                 Person
                 in
                 the
                 House
                 of
                 Commons
                 ,
                 and
                 sitting
                 in
                 the
                 Speaker's
                 Chair
                 ,
                 ask'd
                 the
                 then
                 Speaker
                 ,
                 Whether
                 certain
                 Members
                 ,
                 whom
                 the
                 King
                 named
                 ,
                 were
                 then
                 in
                 the
                 House
                 .
                 The
                 Speaker
                 answer'd
                 readily
                 ,
                 and
                 wisely
                 ,
                 and
                 with
                 a
                 good
                 presentness
                 of
                 mind
                 (
                 which
                 arose
                 from
                 the
                 Genius
                 of
                 that
                 House
                 )
                 
                   That
                   he
                   had
                   neither
                   Eyes
                   to
                   see
                   ,
                   nor
                   Tongue
                   to
                   speak
                   ,
                
                 but
                 as
                 the
                 House
                 was
                 pleased
                 to
                 direct
                 him
                 .
              
               
                 III.
                 POINT
                 .
                 As
                 to
                 the
                 last
                 Point
                 ;
                 That
                 for
                 matters
                 done
                 in
                 or
                 by
                 the
                 Parliament
                 (
                 as
                 the
                 matters
                 in
                 our
                 Case
                 are
                 )
                 neither
                 the
                 King's-Bench
                 ,
                 nor
                 any
                 other
                 Court
                 ,
                 but
                 the
                 Court
                 of
                 Parliament
                 it self
                 ,
                 can
                 by
                 Law
                 take
                 Cognizance
                 of
                 it
                 .
                 
                   This
                   is
                   the
                   great
                   Point
                   of
                   the
                   Case
                   .
                
              
               
                 I
                 shall
                 first
                 offer
                 to
                 prove
                 it
                 by
                 Reasons
                 ,
                 and
                 then
                 I
                 shall
                 back
                 and
                 enforce
                 those
                 Reasons
                 by
                 many
                 Authorities
                 ,
                 and
                 those
                 of
                 the
                 highest
                 sort
                 .
              
               
                 1.
                 
                 Reason
                 .
                 The
                 Parliament
                 
                   gives
                   Law
                   to
                   this
                   Court
                
                 of
                 the
                 Kings-Beneh
                 ,
                 and
                 to
                 all
                 other
                 Courts
                 of
                 the
                 Kingdom
                 ;
                 and
                 therefore
                 it
                 is
                 absurd
                 and
                 preposterous
                 that
                 it
                 should
                 receive
                 Law
                 from
                 it
                 ,
                 and
                 be
                 subject
                 to
                 it
                 .
                 The
                 greater
                 is
                 not
                 judged
                 of
                 the
                 less
                 .
              
               
               
                 2.
                 
                 The
                 Parliament
                 is
                 the
                 immediate
                 Court
                 for
                 Examining
                 the
                 Judgments
                 of
                 the
                 Court
                 of
                 King's-Bench
                 ,
                 and
                 if
                 they
                 be
                 erroneous
                 ,
                 they
                 reverse
                 them
                 ;
                 and
                 if
                 this
                 Court
                 should
                 against
                 Law
                 take
                 upon
                 them
                 to
                 proceed
                 in
                 this
                 Cause
                 ,
                 and
                 give
                 Judgment
                 ,
                 the
                 Parliament
                 ,
                 when
                 it
                 Meets
                 ,
                 no
                 doubt
                 ,
                 will
                 set
                 it
                 aside
                 as
                 Erroneous
                 :
                 And
                 no
                 Man
                 does
                 in
                 the
                 least
                 doubt
                 but
                 they
                 have
                 power
                 to
                 do
                 it
                 ,
                 and
                 there
                 is
                 as
                 little
                 doubt
                 but
                 they
                 will
                 do
                 it
                 ;
                 therefore
                 it
                 is
                 wholly
                 in
                 vain
                 for
                 this
                 Court
                 to
                 take
                 Cognizance
                 of
                 it
                 ;
                 and
                 it
                 cannot
                 be
                 revers'd
                 elsewhere
                 ,
                 it
                 being
                 in
                 a
                 matter
                 of
                 Jurisdiction
                 .
                 See
                 the
                 Statute
                 of
                 27
                 Eliz.
                 c.
                 8.
                 
                 The
                 Preamble
                 reciting
                 ,
                 that
                 Erroneous
                 Judgments
                 given
                 in
                 the
                 King's-Bench
                 are
                 only
                 to
                 be
                 reform'd
                 by
                 the
                 
                   High
                   Court
                   of
                   Parliament
                
                 ;
                 
                 which
                 Court
                 of
                 Parliament
                 was
                 not
                 in
                 those
                 days
                 〈◊〉
                 often
                 holden
                 ,
                 as
                 in
                 Ancient
                 time
                 it
                 had
                 been
                 :
                 Neither
                 yet
                 in
                 respect
                 of
                 the
                 greater
                 Affairs
                 of
                 the
                 Realm
                 could
                 they
                 well
                 be
                 consider'd
                 of
                 and
                 determin'd
                 in
                 Parliament
                 ,
                 &c.
                 
              
               
                 There
                 is
                 an
                 Exception
                 of
                 Errors
                 that
                 concern'd
                 the
                 Jurisdiction
                 of
                 the
                 King's-Bench
                 ;
                 those
                 remain
                 as
                 before
                 ;
                 and
                 in
                 the
                 Errors
                 that
                 are
                 referr'd
                 to
                 the
                 Judges
                 of
                 the
                 Common-Pleas
                 and
                 Barons
                 of
                 the
                 Exchequer
                 ,
                 by
                 27
                 Eliz.
                 c.
                 8.
                 the
                 Jurisdiction
                 of
                 the
                 Parliament
                 is
                 to
                 Examine
                 them
                 ,
                 &c.
                 
              
               
                 3.
                 
                 This
                 Court
                 ,
                 as
                 all
                 the
                 Courts
                 of
                 Common-Law
                 ,
                 Judge
                 only
                 by
                 the
                 ordinary
                 Rules
                 of
                 the
                 Common-Law
                 .
                 But
                 ,
                 the
                 proceedings
                 of
                 Parliament
                 are
                 by
                 quite
                 another
                 Rule
                 .
                 The
                 matters
                 in
                 Parliament
                 are
                 to
                 be
                 discuss'd
                 and
                 determin'd
                 by
                 the
                 Custom
                 and
                 Usage
                 of
                 Parliament
                 ,
                 and
                 the
                 Course
                 of
                 Parliament
                 ;
                 and
                 neither
                 by
                 the
                 Civil
                 ,
                 nor
                 the
                 Common-Law
                 ,
                 used
                 in
                 other
                 Courts
                 .
              
               
                 4.
                 
                 The
                 Judges
                 of
                 this
                 ,
                 and
                 of
                 the
                 other
                 Courts
                 of
                 Common-Law
                 in
                 Westminster
                 ,
                 are
                 but
                 Assistants
                 and
                 Attendants
                 to
                 the
                 High
                 Court
                 of
                 Parliament
                 :
                 And
                 shall
                 the
                 Assistants
                 judge
                 of
                 their
                 Superiors
                 ?
              
               
                 5.
                 
                 The
                 High
                 Court
                 of
                 Parliament
                 is
                 the
                 dernier
                 resort
                 ,
                 and
                 this
                 is
                 generally
                 affirm'd
                 and
                 held
                 ;
                 but
                 it
                 is
                 not
                 the
                 last
                 ,
                 if
                 what
                 they
                 do
                 may
                 yet
                 again
                 be
                 examin'd
                 and
                 controll'd
                 .
              
               
                 6.
                 
                 The
                 Parliament
                 is
                 of
                 an
                 absolute
                 and
                 unlimited
                 power
                 in
                 things
                 Temporal
                 within
                 this
                 Nation
                 .
              
               
                 I
                 shall
                 now
                 proceed
                 to
                 Authorities
                 that
                 are
                 full
                 to
                 this
                 Point
                 ▪
                 and
                 do
                 second
                 and
                 back
                 those
                 Reasons
                 that
                 I
                 have
                 offer'd
                 ;
                 wherein
                 I
                 shall
                 not
                 observe
                 any
                 method
                 by
                 reducing
                 or
                 ranking
                 of
                 them
                 under
                 these
                 Reasons
                 that
                 I
                 have
                 offer'd
                 ,
                 because
                 some
                 of
                 the
                 Authorities
                 justifie
                 several
                 of
                 these
                 Reasons
                 ,
                 all
                 at
                 once
                 .
              
               
                 That
                 the
                 Parliament
                 hath
                 the
                 highest
                 and
                 most
                 sacred
                 Authority
                 of
                 any
                 Court
                 ;
                 that
                 it
                 hath
                 an
                 absolute
                 power
                 ;
                 that
                 it
                 is
                 the
                 highest
                 Court
                 in
                 the
                 Realm
                 ,
                 is
                 acknowledged
                 by
                 our
                 most
                 Learned
                 and
                 gravest
                 Writers
                 ,
                 and
                 Historians
                 ;
                 for
                 I
                 would
                 not
                 wholly
                 omit
                 them
                 ,
                 though
                 I
                 do
                 not
                 need
                 them
                 ;
                 but
                 I
                 relie
                 only
                 ,
                 and
                 put
                 all
                 the
                 stress
                 of
                 my
                 proofs
                 and
                 arguments
                 upon
                 my
                 Authorities
                 in
                 Law.
                 
              
               
                 Cambden
                 in
                 his
                 
                   Britannia
                   ▪
                
                 Summam
                 
                   &
                   sacrosanctam
                
                 Authoritatem
                 
                   habet
                   Parliamentum
                
                 .
                 Knighton
                 ,
                 
                   de
                   eventibus
                
                 Angliae
                 l.
                 1.
                 fo
                 .
                 2681.
                 col
                 .
                 1
                 ,
                 2.
                 
                 He
                 calls
                 it
                 the
                 
                   Highest
                   Court
                   of
                   the
                
                 Realm
                 .
                 So
                 it
                 is
                 call'd
                 in
                 Trewinnard's
                 Case
                 in
                 Dier
                 60
                 ,
                 61.
                 
                 Sr.
                 
                   Thomas
                   Smith
                
                 in
                 his
                 
                 Common-Wealth
                 of
                 England
                 l.
                 2.
                 c.
                 2.
                 fo
                 .
                 50
                 ,
                 51.
                 
                 
                   In
                   Comitiis
                   Parliamentariis
                   posita
                   est
                
                 omnis
                 absolutae
                 potestatis
                 vis
                 .
              
               
                 Sir
                 R.
                 Cotton
                 
                   in
                   his
                
                 Posthuma
                 edit
                 .
                 at
                 Lond.
                 
                   pag.
                   345.
                   cited
                   by
                   Mr.
                
                 Pryn
                 
                   in
                   his
                   Preface
                   to
                   Sir
                
                 Robert
                 Cotton
                 '
                 
                   s
                   Abr.
                   The
                   Parliament
                
                 controlls
                 all
                 Inferior
                 Courts
                 ,
                 
                   and
                   all
                   Causes
                   of
                   difficulty
                
                 ;
                 cum
                 aliqua
                 dubitatio
                 emergit
                 ,
                 
                   referr
                   it
                   to
                   the
                   Parliament
                
                 .
              
               
                 To
                 shew
                 their
                 power
                 and
                 jurisdiction
                 upon
                 Erroneous
                 proceedings
                 in
                 other
                 Courts
                 ,
                 by
                 authorities
                 in
                 Law
                 ,
                 which
                 confirms
                 one
                 of
                 my
                 Reasons
                 .
              
               
                 In
                 Trewinnard's
                 case
                 ,
                 it
                 is
                 said
                 ,
                 that
                 though
                 the
                 Parliament
                 erre
                 ,
                 it
                 is
                 not
                 reversible
                 in
                 any
                 other
                 Court
                 :
                 This
                 is
                 spoken
                 in
                 a
                 case
                 where
                 the
                 then
                 occasion
                 was
                 upon
                 a
                 Judgment
                 given
                 ,
                 only
                 by
                 the
                 House
                 of
                 Commons
                 ,
                 in
                 a
                 case
                 of
                 Priviledge
                 .
              
               
                 Agreeable
                 to
                 this
                 is
                 21
                 E.
                 3.
                 fo
                 .
                 46.
                 
                 Br.
                 Abr.
                 tit
                 .
                 Error
                 .
                 plac
                 .
                 65.
                 in
                 the
                 latter
                 end
                 of
                 that
                 case
                 ,
                 and
                 7
                 
                   H.
                   6.
                   
                   Br.
                
                 Abr.
                 tit
                 .
                 Error
                 .
                 plac
                 .
                 68.
                 by
                 Cottesmore
                 ,
                 and
                 1
                 H.
                 7.
                 fo
                 .
                 19.
                 
                 Br.
                 Error
                 .
                 plac
                 .
                 137.
                 
                 Error
                 in
                 Parliament
                 shall
                 be
                 revers'd
                 in
                 Parliament
                 ,
                 
                   &
                   non
                   aliter
                
                 ;
                 for
                 
                   there
                   is
                   not
                   an
                   higher
                   Court.
                   1
                   H.
                
                 7.
                 fo
                 .
                 19
                 ,
                 20.
                 
                 By
                 all
                 the
                 Judges
                 in
                 the
                 Exchequer-Chamber
                 for
                 a
                 Judgment
                 in
                 the
                 King's-Bench
                 ,
                 Error
                 must
                 be
                 sued
                 in
                 Parliament
                 ;
                 and
                 as
                 the
                 Parliament
                 shall
                 correct
                 the
                 Judgments
                 ,
                 so
                 they
                 are
                 to
                 correct
                 the
                 Judges
                 that
                 give
                 corrupt
                 and
                 dishonest
                 Judgments
                 .
                 These
                 are
                 the
                 words
                 and
                 the
                 opinions
                 of
                 the
                 Lord
                 chief
                 Justice
                 Vaughan
                 in
                 his
                 Reports
                 fo
                 .
                 139.
                 in
                 Bushel's
                 case
                 .
                 Such
                 ,
                 says
                 he
                 ,
                 in
                 all
                 ages
                 have
                 been
                 complained
                 of
                 to
                 the
                 
                   King
                   in
                   the
                   Star-Chamber
                
                 ,
                 (
                 which
                 is
                 a
                 Court
                 now
                 dissolv'd
                 by
                 Parliament
                 )
                 
                   or
                   to
                   the
                   Parliament
                
                 .
                 He
                 there
                 mentions
                 many
                 Judges
                 ;
                 those
                 44.
                 that
                 were
                 hang'd
                 in
                 King
                 Alfred's
                 time
                 before
                 the
                 Conquest
                 ,
                 for
                 corrupt
                 judgments
                 ;
                 and
                 those
                 in
                 the
                 time
                 of
                 E.
                 1.
                 
                 E.
                 3.
                 and
                 R.
                 2.
                 for
                 their
                 pernicious
                 resolutions
                 :
                 He
                 vouches
                 the
                 Journals
                 of
                 Parliament
                 ,
                 and
                 instances
                 in
                 the
                 
                   Judgment
                   of
                   Ship-money
                
                 in
                 the
                 last
                 King's
                 time
                 ,
                 and
                 the
                 particular
                 Judges
                 impeach'd
                 .
              
               
                 Sir
                 
                   E.
                   C.
                
                 in
                 his
                 12
                 Rep.
                 fol.
                 64.
                 the
                 words
                 are
                 spoken
                 by
                 Sir
                 
                   E.
                   C.
                
                 but
                 (
                 as
                 that
                 Rep.
                 says
                 )
                 with
                 the
                 clear
                 consent
                 of
                 all
                 the
                 Judges
                 .
                 
                   The
                   King
                   hath
                   his
                   Court
                   ,
                   that
                   is
                   to
                   say
                   ,
                   in
                   the
                   Vpper
                   House
                   of
                   Parliament
                   ,
                   in
                   which
                   he
                   with
                   his
                   Lords
                   is
                   the
                   Supreme
                   Judge
                   over
                   all
                   other
                   Judges
                   .
                   For
                   if
                   Error
                   be
                   in
                   the
                
                 Common-Pleas
                 
                   that
                   may
                   be
                   revers'd
                   in
                   the
                
                 King's-Bench
                 ;
                 
                   and
                   if
                   the
                   Court
                   of
                
                 King's-Bench
                 
                   erre
                   ,
                   that
                   may
                   be
                   revers'd
                   in
                   the
                   Upper
                   House
                   of
                   Parliament
                   ,
                   by
                   the
                   King
                   with
                   the
                   assent
                   of
                   the
                   Lords
                   .
                
              
               
                 Now
                 though
                 this
                 is
                 spoken
                 of
                 the
                 Lords
                 House
                 only
                 ,
                 yet
                 it
                 must
                 be
                 again
                 remembred
                 that
                 the
                 Parliament
                 (
                 as
                 I
                 prov'd
                 before
                 )
                 is
                 one
                 entire
                 Body
                 ,
                 and
                 that
                 their
                 power
                 in
                 the
                 right
                 of
                 it
                 is
                 entire
                 ,
                 though
                 as
                 to
                 the
                 exercise
                 of
                 it
                 ,
                 it
                 is
                 distributed
                 into
                 parts
                 ,
                 and
                 is
                 divided
                 :
                 Not
                 can
                 the
                 House
                 of
                 Lords
                 exercise
                 any
                 power
                 as
                 an
                 House
                 of
                 Parliament
                 ,
                 or
                 as
                 a
                 Court
                 for
                 Errors
                 ,
                 without
                 the
                 House
                 of
                 Commons
                 be
                 in
                 being
                 at
                 the
                 same
                 time
                 .
                 Both
                 Houses
                 must
                 be
                 Prorogu'd
                 together
                 ,
                 and
                 Dissolv'd
                 together
                 ;
                 like
                 the
                 Twins
                 of
                 Hippocrates
                 ,
                 they
                 live
                 and
                 die
                 together
                 ,
                 and
                 the
                 one
                 cannot
                 be
                 in
                 being
                 ,
                 without
                 the
                 other
                 also
                 ,
                 at
                 the
                 same
                 time
                 be
                 ,
                 in
                 being
                 too
                 .
              
               
               
                 2.
                 
                 Inst.
                 408.
                 
                 Matters
                 of
                 difficulty
                 were
                 heretofore
                 usually
                 Adjourn'd
                 to
                 Parliament
                 ;
                 but
                 
                   (
                   says
                   he
                
                 )
                 't
                 is
                 now
                 disused
                 .
              
               
                 And
                 2.
                 
                 Inst.
                 599.
                 
                 Courts
                 at
                 variance
                 ,
                 properly
                 complain
                 to
                 the
                 Parliament
                 .
              
               
                 4.
                 
                 
                 Inst.
                 In
                 the
                 Chapter
                 of
                 the
                 Court
                 of
                 the
                 Kings-Bench
                 ,
                 Errors
                 in
                 the
                 Kings-Bench
                 ,
                 in
                 matters
                 that
                 concern
                 their
                 Jurisdiction
                 ,
                 and
                 other
                 Cases
                 there
                 excepted
                 in
                 the
                 Act
                 of
                 27
                 
                   Eliz.
                   Cap.
                
                 8.
                 cannot
                 be
                 Revers'd
                 but
                 in
                 the
                 High
                 Court
                 of
                 Parliament
                 .
              
               
                 4.
                 
                 Inst.
                 Fol.
                 67.
                 
                 There
                 is
                 a
                 Court
                 Erected
                 by
                 the
                 Statute
                 of
                 14
                 
                   E.
                   3.
                   
                   Cap.
                   5.
                   
                   Stat.
                   2.
                   
                   For
                   redress
                   of
                   delays
                   of
                   Judgments
                   in
                   the
                   Kings
                   great
                   Courts
                   ,
                
                 consisting
                 of
                 a
                 Prelate
                 ,
                 Two
                 Earls
                 ,
                 and
                 Two
                 Barons
                 ,
                 to
                 be
                 chosen
                 in
                 Parliament
                 by
                 that
                 Statute
                 .
                 If
                 the
                 Case
                 before
                 them
                 be
                 so
                 difficult
                 ,
                 that
                 it
                 may
                 not
                 well
                 be
                 determin'd
                 without
                 assent
                 of
                 the
                 Parliament
                 ,
                 (
                 it
                 does
                 not
                 say
                 by
                 the
                 House
                 of
                 Lords
                 only
                 )
                 then
                 shall
                 the
                 tenor
                 of
                 the
                 Record
                 be
                 brought
                 by
                 the
                 said
                 Prelate
                 ,
                 Earls
                 and
                 Barons
                 ,
                 into
                 the
                 next
                 Parliament
                 ,
                 and
                 there
                 a
                 final
                 Judgment
                 shall
                 be
                 given
                 .
              
               
                 Si
                 obscurum
                 &
                 difficile
                 sit
                 Judicium
                 ,
                 ponantur
                 judicia
                 in
                 respectu
                 usque
                 magnam
                 curiam
                 .
                 Rot.
                 Parl.
                 14.
                 
                 
                   E.
                   3.
                   
                   Num.
                   ult
                   .
                   Sir
                
                 Jeffery
                 Stanton's
                 Case
                 .
              
               
                 25.
                 
                 
                   E.
                   3.
                   
                   Cap.
                
                 2.
                 
                 The
                 Chapter
                 of
                 Treason
                 in
                 the
                 2.
                 
                 
                   Inst.
                   Fol.
                
                 21.
                 
                 The
                 Judge
                 or
                 Court
                 in
                 some
                 Cases
                 ,
                 is
                 to
                 forbear
                 going
                 to
                 Judgment
                 till
                 the
                 Cause
                 be
                 shewed
                 before
                 the
                 King
                 and
                 his
                 Parliament
                 ,
                 whether
                 it
                 ought
                 to
                 be
                 judged
                 Treason
                 or
                 not
                 .
              
               
                 That
                 this
                 Court
                 proceeds
                 by
                 the
                 ordinary
                 Rules
                 of
                 the
                 Common
                 Law
                 ;
                 but
                 that
                 High
                 Court
                 of
                 Parliament
                 proceeds
                 not
                 by
                 that
                 Law
                 ,
                 but
                 by
                 a
                 Law
                 peculiar
                 to
                 that
                 High
                 Court
                 ,
                 which
                 is
                 called
                 
                   Lex
                   &
                   Consuetudo
                   Parliamenti
                
                 ,
                 and
                 consists
                 in
                 the
                 Customs
                 ,
                 Usages
                 ,
                 and
                 Course
                 of
                 Parliament
                 ;
                 and
                 therefore
                 ,
                 this
                 Court
                 ,
                 nor
                 no
                 other
                 inferior
                 Court
                 ,
                 can
                 ,
                 for
                 this
                 very
                 Reason
                 ,
                 judge
                 or
                 determine
                 of
                 what
                 is
                 done
                 in
                 Parliament
                 ,
                 or
                 by
                 the
                 Parliament
                 .
              
               
                 If
                 this
                 Court
                 should
                 take
                 upon
                 it
                 to
                 proceed
                 in
                 such
                 cases
                 ,
                 it
                 would
                 justly
                 be
                 said
                 of
                 it
                 as
                 a
                 thing
                 very
                 irregular
                 .
                 
                   Metiri
                   se
                   quemque
                   suo
                   modulo
                   ,
                   ac
                   pede
                   ,
                   verum
                   est
                   .
                
              
               
                 Sir
                 Rob.
                 Cott.
                 Abr.
                 20.
                 
                 R.
                 2.
                 nu
                 .
                 14
                 ,
                 15.
                 
              
               
                 Sir
                 
                   Tho.
                   Haxey
                
                 delivered
                 a
                 Bill
                 to
                 the
                 Commons
                 in
                 Parliament
                 ,
                 for
                 the
                 honour
                 and
                 profit
                 of
                 the
                 King
                 ,
                 and
                 of
                 all
                 the
                 Realm
                 ,
                 complaining
                 of
                 the
                 outragious
                 Expences
                 of
                 the
                 Kings
                 House
                 ,
                 and
                 namely
                 of
                 Bishops
                 and
                 Ladies
                 .
              
               
                 Here
                 the
                 
                   Camb.
                   Dr.
                
                 I
                 have
                 before
                 mention'd
                 ,
                 would
                 take
                 occasion
                 again
                 to
                 complain
                 of
                 the
                 sauciness
                 of
                 this
                 Bill
                 .
              
               
                 
                   K.
                   R.
                
                 2.
                 was
                 offended
                 with
                 the
                 Commons
                 for
                 preferring
                 this
                 Bill
                 to
                 the
                 King
                 ;
                 for
                 it
                 seems
                 they
                 had
                 entertain'd
                 this
                 Information
                 from
                 a
                 particular
                 hand
                 ,
                 (
                 as
                 was
                 done
                 in
                 our
                 Case
                 from
                 Dangerfield
                 )
                 and
                 they
                 proceeded
                 upon
                 it
                 .
              
               
                 
                   K.
                   R.
                
                 2.
                 said
                 it
                 was
                 an
                 offence
                 against
                 his
                 Dignity
                 and
                 Liberty
                 ,
                 and
                 said
                 he
                 would
                 be
                 free
                 therein
                 .
              
               
                 And
                 Sir
                 
                   John
                   Bussey
                
                 ,
                 the
                 Speaker
                 to
                 the
                 Parliament
                 (
                 as
                 that
                 Roll
                 of
                 Parliament
                 calls
                 him
                 )
                 is
                 charg'd
                 to
                 declare
                 the
                 Name
                 of
                 him
                 who
                 Exhibited
                 that
                 Bill
                 .
              
               
               
                 By
                 this
                 ,
                 it
                 appears
                 the
                 King
                 could
                 not
                 take
                 notice
                 of
                 what
                 was
                 done
                 in
                 the
                 Commons-House
                 ,
                 or
                 deliver'd
                 to
                 them
                 ,
                 but
                 by
                 the
                 House
                 it self
                 ,
                 and
                 that
                 is
                 one
                 of
                 the
                 Laws
                 and
                 Customs
                 of
                 Parliament
                 ;
                 and
                 yet
                 ,
                 no
                 doubt
                 but
                 it
                 was
                 well
                 known
                 to
                 every
                 Member
                 of
                 that
                 House
                 ,
                 and
                 yet
                 it
                 came
                 not
                 to
                 the
                 Kings
                 knowledge
                 .
              
               
                 Nu.
                 16.
                 
                 The
                 Commons
                 deliver'd
                 to
                 the
                 King
                 the
                 Name
                 of
                 the
                 Exhibiter
                 ,
                 which
                 was
                 Sir
                 
                   Tho.
                   Haxey
                
                 .
              
               
                 Nu.
                 17.
                 
                 The
                 Commons
                 afterwards
                 came
                 ,
                 and
                 submitted
                 themselves
                 to
                 the
                 King
                 ,
                 and
                 crav'd
                 Pardon
                 ,
                 and
                 the
                 King
                 excus'd
                 them
                 .
              
               
                 Nu.
                 23.
                 
                 Sir
                 
                   Tho.
                   Haxey
                
                 was
                 adjudg'd
                 by
                 Parliament
                 to
                 die
                 as
                 a
                 Traitor
                 .
                 The
                 King
                 was
                 offended
                 ,
                 the
                 Commons
                 forsook
                 the
                 Exhibiter
                 ,
                 and
                 submitted
                 ,
                 and
                 the
                 Lords
                 adjudge
                 him
                 guilty
                 of
                 Treason
                 .
                 This
                 seems
                 to
                 be
                 a
                 strong
                 Case
                 against
                 the
                 Liberty
                 and
                 the
                 Privilege
                 of
                 the
                 House
                 of
                 Commons
                 ,
                 (
                 but
                 it
                 seems
                 strange
                 how
                 it
                 should
                 be
                 made
                 Treason
                 ;
                 )
                 but
                 it
                 is
                 stranger
                 ;
                 especially
                 ,
                 if
                 it
                 be
                 suppos'd
                 this
                 Sir
                 
                   Tho.
                   Haxey
                
                 was
                 a
                 Member
                 of
                 the
                 House
                 ,
                 one
                 would
                 have
                 thought
                 he
                 should
                 have
                 been
                 under
                 a
                 protection
                 and
                 special
                 privilege
                 .
                 But
                 I
                 take
                 him
                 to
                 be
                 no
                 Member
                 ,
                 for
                 he
                 is
                 afterwards
                 call'd
                 Sir
                 
                   Tho.
                   Haxey
                
                 ,
                 Clerk
                 ;
                 and
                 Graduates
                 in
                 the
                 University
                 ,
                 and
                 those
                 in
                 Orders
                 ,
                 were
                 usually
                 dignified
                 with
                 the
                 addition
                 of
                 Sir
                 ;
                 and
                 it
                 is
                 not
                 yet
                 quite
                 out
                 of
                 use
                 in
                 the
                 University
                 .
              
               
                 I
                 find
                 by
                 Mr.
                 Pryn
                 ,
                 in
                 his
                 Plea
                 for
                 the
                 the
                 Lords
                 ,
                 Fol.
                 345.
                 that
                 in
                 the
                 next
                 Kings
                 Reign
                 ,
                 H.
                 4.
                 the
                 Commons
                 exhibited
                 a
                 Petition
                 on
                 the
                 behalf
                 of
                 Sir
                 
                   Tho.
                   Haxey
                
                 ,
                 (
                 for
                 he
                 was
                 not
                 Executed
                 ,
                 the
                 Archbishop
                 of
                 Canterbury
                 took
                 him
                 into
                 his
                 Protection
                 ,
                 being
                 a
                 Clergy-man
                 ;
                 )
                 and
                 the
                 Commons
                 in
                 their
                 Petition
                 affirm
                 ,
                 that
                 the
                 Judgment
                 against
                 Sir
                 
                   Tho.
                   Haxey
                
                 ,
                 for
                 delivering
                 in
                 this
                 Bill
                 to
                 the
                 Commons
                 in
                 Parliament
                 ,
                 was
                 against
                 Right
                 ,
                 and
                 the
                 Course
                 that
                 had
                 been
                 used
                 before
                 in
                 Parliament
                 ,
                 in
                 destruction
                 of
                 the
                 Customs
                 of
                 the
                 Commons
                 .
              
               
                 Here
                 note
                 ,
                 
                 That
                 the
                 Right
                 and
                 Course
                 of
                 Parliament
                 ,
                 and
                 the
                 Customs
                 of
                 the
                 Commons
                 ,
                 are
                 mention'd
                 as
                 Synonymies
                 .
              
               
                 Upon
                 this
                 Petition
                 of
                 the
                 Commons
                 ,
                 the
                 Judgment
                 is
                 adjudg'd
                 to
                 be
                 null
                 and
                 void
                 .
              
               
                 But
                 this
                 could
                 be
                 adjudg'd
                 no
                 where
                 but
                 in
                 Parliament
                 ,
                 for
                 it
                 concern'd
                 the
                 Right
                 and
                 Privilege
                 ,
                 and
                 the
                 Customs
                 and
                 Course
                 of
                 the
                 Parliament
                 .
              
               
                 1
                 
                   H.
                   4.
                   
                   Nu.
                
                 91.
                 
                 In
                 Sir
                 
                   Rob.
                   Cott.
                   Abr.
                
                 the
                 Record
                 says
                 ,
                 Sir
                 
                   Tho.
                   Haxey
                
                 ,
                 Clerk
                 ,
                 Pardon'd
                 ,
                 and
                 the
                 Judgment
                 revers'd
                 ,
                 and
                 he
                 restor'd
                 to
                 all
                 .
              
               
                 This
                 Case
                 ,
                 in
                 very
                 many
                 Circumstances
                 ,
                 suits
                 with
                 the
                 Case
                 of
                 Dangerfield
                 ,
                 and
                 in
                 many
                 ,
                 with
                 our
                 present
                 Case
                 .
                 Ours
                 is
                 in
                 the
                 Case
                 of
                 an
                 Heir
                 apparent
                 or
                 presumptive
                 .
                 But
                 a
                 greater
                 than
                 the
                 Heir
                 is
                 here
                 ,
                 in
                 this
                 Case
                 of
                 Sir
                 
                   Tho.
                   Haxey
                
                 .
                 namely
                 ,
                 the
                 then
                 King
                 himself
                 .
              
               
                 But
                 I
                 cite
                 it
                 ,
                 principally
                 to
                 prove
                 one
                 of
                 my
                 Reasons
                 and
                 Arguments
                 to
                 the
                 third
                 point
                 ,
                 namely
                 ,
                 that
                 there
                 are
                 Rights
                 and
                 Customs
                 that
                 are
                 peculiar
                 to
                 the
                 High
                 Court
                 of
                 Parliament
                 ;
                 and
                 
                 that
                 there
                 is
                 a
                 Law
                 called
                 the
                 Course
                 of
                 Parliaments
                 ,
                 and
                 it
                 may
                 be
                 observ'd
                 ,
                 that
                 the
                 Customs
                 of
                 the
                 Commons
                 are
                 the
                 Law
                 and
                 Course
                 of
                 Parliament
                 .
              
               
                 Concurring
                 with
                 one
                 observation
                 that
                 I
                 made
                 out
                 of
                 this
                 Case
                 ,
                 that
                 one
                 of
                 the
                 Laws
                 or
                 Customs
                 of
                 Parliament
                 ,
                 is
                 ,
                 That
                 no
                 Member
                 is
                 to
                 publish
                 at
                 the
                 Court
                 ,
                 or
                 elsewhere
                 abroad
                 ,
                 what
                 is
                 done
                 in
                 the
                 House
                 of
                 Commons
                 ,
                 but
                 it
                 ought
                 to
                 proceed
                 from
                 the
                 House
                 it self
                 ,
                 and
                 no
                 other
                 ,
                 (
                 which
                 is
                 another
                 Argument
                 ,
                 to
                 prove
                 that
                 no
                 other
                 inferior
                 Court
                 can
                 enquire
                 into
                 ,
                 or
                 hear
                 or
                 determine
                 of
                 their
                 doings
                 )
                 for
                 no
                 notice
                 can
                 be
                 taken
                 of
                 what
                 they
                 do
                 ,
                 unless
                 it
                 come
                 by
                 their
                 own
                 Relation
                 and
                 Discovery
                 .
              
               
                 That
                 ,
                 I
                 say
                 ,
                 which
                 concurrs
                 with
                 this
                 ,
                 is
                 another
                 Roll
                 of
                 Parliament
                 of
                 that
                 noble
                 King
                 
                   H.
                   4.
                   viz.
                   2
                   H.
                
                 4.
                 
                 Nu.
                 11.
                 
                 The
                 Commons
                 require
                 ,
                 that
                 is
                 ,
                 request
                 the
                 King
                 ,
                 that
                 he
                 would
                 not
                 give
                 an
                 ear
                 to
                 any
                 untrue
                 reports
                 of
                 the
                 Commons-House
                 ,
                 until
                 the
                 time
                 might
                 try
                 the
                 same
                 ;
                 and
                 that
                 time
                 is
                 when
                 the
                 Commons
                 apply
                 to
                 the
                 King
                 in
                 it
                 ,
                 and
                 not
                 before
                 .
                 
                   Whereunto
                   the
                   King
                   granted
                
                 ;
                 which
                 allows
                 it
                 to
                 be
                 the
                 Law
                 and
                 Course
                 of
                 the
                 Parliament
                 .
              
               
                 4.
                 
                 
                   Inst.
                   Fol.
                
                 15.
                 
                 Every
                 Court
                 of
                 Justice
                 (
                 says
                 Sir
                 
                   E.
                   C.
                
                 )
                 hath
                 Rules
                 and
                 Customs
                 for
                 its
                 direction
                 .
                 So
                 the
                 High
                 Court
                 of
                 Parliament
                 ,
                 
                   de
                   suis
                   propriis
                   legibus
                   &
                   consuetudinibus
                   consist
                   it
                   .
                
              
               
                 Again
                 ,
                 Sir
                 
                   E.
                   C.
                
                 in
                 his
                 select
                 Case
                 ,
                 Printed
                 1677.
                 
                 Fol.
                 63.
                 
                 Note
                 (
                 says
                 he
                 )
                 the
                 Privilege
                 ,
                 Order
                 ,
                 or
                 Custom
                 of
                 Parliament
                 ,
                 either
                 of
                 the
                 Upper
                 House
                 ,
                 or
                 of
                 the
                 House
                 of
                 Commons
                 ,
                 belongs
                 to
                 the
                 determination
                 only
                 of
                 the
                 Court
                 of
                 Parliament
                 .
              
               
                 And
                 there
                 he
                 cites
                 two
                 Precedents
                 for
                 it
                 .
              
               
                 The
                 First
                 that
                 of
                 27
                 H.
                 6.
                 in
                 the
                 Controversy
                 between
                 the
                 Earls
                 of
                 Arundel
                 and
                 Devonishire
                 ,
                 for
                 Precedency
                 :
                 The
                 King
                 ,
                 by
                 advice
                 of
                 the
                 Lords
                 ,
                 referr'd
                 it
                 to
                 the
                 Judges
                 to
                 examine
                 and
                 to
                 report
                 ;
                 not
                 finally
                 to
                 determine
                 as
                 Judges
                 of
                 the
                 Case
                 ,
                 but
                 as
                 Assistants
                 to
                 the
                 Lords
                 .
              
               
                 ☞
                 The
                 Judges
                 answer'd
                 ,
                 That
                 it
                 
                   was
                   a
                   matter
                   of
                   Parliament
                
                 ,
                 and
                 belong'd
                 to
                 the
                 King
                 and
                 the
                 Lords
                 to
                 determine
                 .
              
               
                 One
                 would
                 think
                 this
                 were
                 a
                 strange
                 answer
                 of
                 the
                 Judges
                 ,
                 to
                 deny
                 their
                 advice
                 ;
                 Were
                 they
                 not
                 Assistants
                 to
                 the
                 Lords
                 in
                 matters
                 of
                 Law
                 ?
              
               
                 The
                 true
                 reason
                 of
                 their
                 declining
                 to
                 give
                 their
                 Advice
                 ,
                 is
                 ,
                 It
                 was
                 a
                 Case
                 above
                 them
                 ,
                 and
                 not
                 to
                 be
                 determined
                 by
                 the
                 ordinary
                 Rules
                 of
                 Law
                 ,
                 and
                 therefore
                 out
                 of
                 their
                 element
                 .
                 
                   Quae
                   supra
                   nos
                   ,
                   nihil
                   ad
                   nos
                   .
                
                 Therefore
                 their
                 answer
                 was
                 ,
                 That
                 it
                 was
                 a
                 matter
                 of
                 Parliament
                 ,
                 and
                 belong'd
                 to
                 the
                 King
                 and
                 Lords
                 ,
                 but
                 not
                 to
                 the
                 Judges
                 .
              
               
                 This
                 is
                 a
                 Resolution
                 of
                 all
                 the
                 Judges
                 in
                 the
                 very
                 point
                 ;
                 though
                 this
                 particular
                 Case
                 concern'd
                 only
                 the
                 Lords
                 ,
                 
                 being
                 a
                 matter
                 of
                 precedency
                 between
                 Two
                 Lords
                 ;
                 yet
                 ,
                 as
                 I
                 have
                 prov'd
                 ,
                 the
                 Parliament
                 is
                 one
                 entire
                 Body
                 ,
                 and
                 are
                 mutually
                 concerned
                 in
                 their
                 powers
                 and
                 privileges
                 .
              
               
                 The
                 other
                 Case
                 mentioned
                 by
                 Sir
                 
                   E.
                   C.
                
                 is
                 that
                 of
                 
                   Tho.
                   Thorp
                
                 .
                 the
                 Speaker
                 of
                 the
                 Commons
                 ,
                 
                 31
                 H.
                 6.
                 taken
                 in
                 execution
                 at
                 the
                 suit
                 of
                 the
                 Duke
                 of
                 York
                 ,
                 during
                 the
                 recess
                 of
                 the
                 Parliament
                 .
              
               
               
                 We
                 have
                 it
                 at
                 large
                 in
                 the
                 Parliament
                 Roll
                 of
                 31
                 H.
                 6.
                 nu
                 .
                 25
                 ,
                 26
                 ,
                 27
                 ,
                 28.
                 
              
               
                 The
                 Commons
                 ,
                 at
                 the
                 opening
                 of
                 the
                 next
                 Session
                 of
                 Parliament
                 ,
                 request
                 the
                 King
                 and
                 Lords
                 ,
                 to
                 restore
                 their
                 Speaker
                 to
                 them
                 .
              
               
                 The
                 Judges
                 being
                 demanded
                 of
                 their
                 Counsel
                 therein
                 ;
                 (
                 Note
                 ,
                 it
                 was
                 nothing
                 but
                 their
                 Advice
                 ask'd
                 .
                 )
                 It
                 was
                 after
                 mature
                 deliberation
                 ,
                 they
                 answered
                 ,
                 
                   It
                   was
                   not
                   their
                   part
                   to
                   judge
                   of
                   the
                   Parliament
                   ,
                   which
                   may
                   judge
                   of
                   the
                   Law.
                
                 
                 Note
                 ,
                 the
                 reason
                 to
                 judge
                 of
                 the
                 Law
                 ,
                 signifies
                 they
                 are
                 the
                 Supream
                 Court
                 to
                 judge
                 what
                 is
                 Law
                 ,
                 and
                 what
                 is
                 not
                 .
                 And
                 to
                 judge
                 of
                 the
                 Law
                 ,
                 likewise
                 signifies
                 ,
                 that
                 they
                 can
                 judge
                 whether
                 a
                 Law
                 be
                 good
                 or
                 not
                 ;
                 in
                 order
                 to
                 Approve
                 of
                 it
                 ,
                 and
                 to
                 Enact
                 it
                 ,
                 or
                 to
                 Repeal
                 a
                 Law.
                 
              
               
                 This
                 is
                 in
                 a
                 Case
                 that
                 concern'd
                 the
                 privilege
                 of
                 the
                 Commons
                 and
                 their
                 Speaker
                 ;
                 and
                 yet
                 they
                 say
                 ,
                 that
                 judging
                 in
                 this
                 Case
                 were
                 to
                 judge
                 of
                 the
                 Parliament
                 :
                 This
                 intimates
                 too
                 ,
                 that
                 the
                 Parliament
                 judges
                 by
                 other
                 Rules
                 than
                 those
                 of
                 the
                 Common-Law
                 .
                 And
                 't
                 is
                 the
                 Common-Law
                 is
                 the
                 proper
                 Element
                 of
                 the
                 Judges
                 of
                 the
                 Courts
                 of
                 Westminster-Hall
                 .
              
               
                 This
                 is
                 a
                 second
                 Resolution
                 of
                 all
                 the
                 Judges
                 in
                 the
                 very
                 point
                 .
                 Mr.
                 Hakewel
                 ,
                 
                 in
                 his
                 
                   Treatise
                   of
                   the
                   manner
                   of
                   Enacting
                   Laws
                   in
                   Parliament
                   .
                
                 Fol.
                 125.
                 reports
                 this
                 
                   Case
                   of
                   Thorp
                
                 at
                 large
                 .
              
               
                 It
                 is
                 time
                 now
                 to
                 come
                 to
                 higher
                 Authorities
                 ,
                 that
                 is
                 ,
                 to
                 Resolutions
                 of
                 Parliament
                 in
                 this
                 point
                 .
              
               
                 And
                 first
                 ,
                 the
                 Resolution
                 of
                 the
                 House
                 of
                 Commons
                 in
                 maintenance
                 of
                 their
                 own
                 Right
                 ,
                 or
                 at
                 least
                 a
                 claim
                 of
                 their
                 Right
                 ;
                 I
                 have
                 it
                 out
                 of
                 an
                 Author
                 that
                 is
                 very
                 far
                 from
                 being
                 a
                 friend
                 to
                 the
                 House
                 of
                 Commons
                 ;
                 
                 and
                 't
                 is
                 a
                 Clergy-man
                 too
                 .
                 I
                 mean
                 Dr.
                 Heylin
                 ,
                 in
                 the
                 Life
                 of
                 Archbishop
                 Laud
                 ,
                 Fol.
                 89.
                 
                 He
                 reports
                 ,
                 that
                 
                   the
                   House
                   of
                   Commons
                
                 made
                 a
                 Protestation
                 in
                 1621.
                 against
                 all
                 Impeachments
                 ,
                 
                   other
                   than
                   in
                   the
                   House
                
                 ,
                 for
                 any
                 thing
                 there
                 said
                 or
                 done
                 .
              
               
                 Let
                 me
                 present
                 you
                 with
                 the
                 like
                 claim
                 made
                 by
                 the
                 Lords
                 ,
                 
                 which
                 seems
                 to
                 run
                 something
                 in
                 the
                 form
                 of
                 an
                 old
                 Act
                 of
                 Parliament
                 .
              
               
                 In
                 Sir
                 
                   Rob.
                   Cott.
                
                 Abr.
                 11.
                 
                 
                   R.
                   2.
                   nu
                
                 .
                 7.
                 
                 In
                 that
                 Parliament
                 ,
                 all
                 the
                 Lords
                 ,
                 as
                 well
                 Spiritual
                 as
                 Temporal
                 ;
                 being
                 present
                 ,
                 claimed
                 their
                 Liberties
                 and
                 Franchises
                 ;
                 viz.
                 That
                 all
                 weighty
                 matters
                 in
                 the
                 same
                 Parliament
                 ,
                 which
                 should
                 be
                 afterwards
                 moved
                 ,
                 touching
                 the
                 Peers
                 of
                 the
                 Land
                 ,
                 ought
                 to
                 be
                 determin'd
                 ,
                 judged
                 ,
                 and
                 discussed
                 
                   by
                   the
                   Course
                   of
                   the
                   Parliament
                   ,
                
                 and
                 not
                 by
                 the
                 Civil
                 Law
                 ;
                 
                   nor
                   yet
                   by
                   the
                   common
                   Laws
                   of
                   the
                   Land
                   ,
                   used
                   in
                   other
                   more
                   Courts
                   of
                   the
                   Realm
                   .
                
              
               
                 The
                 which
                 Claim
                 and
                 Liberties
                 the
                 King
                 most
                 willingly
                 allow'd
                 and
                 granted
                 thereto
                 in
                 full
                 Parliament
                 says
                 that
                 Roll.
                 
              
               
                 Now
                 ,
                 as
                 I
                 have
                 before
                 prov'd
                 ,
                 the
                 Liberties
                 and
                 Franchises
                 of
                 the
                 Parliament
                 ,
                 in
                 the
                 right
                 of
                 them
                 ,
                 are
                 entire
                 ,
                 and
                 due
                 to
                 both
                 Houses
                 ,
                 for
                 both
                 make
                 up
                 the
                 Parliament
                 .
              
               
                 Mr.
                 Seld.
                 in
                 his
                 
                   Title
                   of
                   Honour
                   ,
                   Fol.
                
                 says
                 ,
                 That
                 a
                 thing
                 granted
                 in
                 full
                 Parliament
                 ,
                 signifies
                 an
                 Act
                 of
                 Parliament
                 .
              
               
               
                 Now
                 for
                 an
                 Act
                 of
                 Parliament
                 full
                 in
                 the
                 point
                 ,
                 
                 and
                 then
                 I
                 can
                 go
                 no
                 higher
                 .
              
               
                 It
                 was
                 in
                 the
                 Case
                 of
                 
                   Richard
                   Strode
                
                 ,
                 one
                 of
                 the
                 Burgesses
                 for
                 Plympton
                 in
                 Devonshire
                 ,
                 
                 in
                 the
                 Parliament
                 of
                 4
                 H.
                 8.
                 for
                 agreeing
                 with
                 the
                 Commons
                 House
                 ,
                 in
                 putting
                 out
                 Bills
                 (
                 as
                 it
                 is
                 reported
                 there
                 )
                 which
                 seems
                 to
                 resemble
                 the
                 
                   Printing
                   or
                   Publishing
                
                 ,
                 mention'd
                 in
                 our
                 Case
                 .
                 Those
                 Bills
                 so
                 put
                 out
                 were
                 against
                 the
                 Abuses
                 of
                 the
                 Tinners
                 ,
                 who
                 were
                 a
                 great
                 and
                 numerous
                 Body
                 of
                 men
                 ;
                 who
                 by
                 these
                 Bills
                 took
                 themselves
                 to
                 be
                 scandalized
                 and
                 slandered
                 .
              
               
                 After
                 the
                 Parliament
                 was
                 risen
                 ,
                 this
                 
                   Richard
                   Strode
                
                 for
                 
                   what
                   he
                   had
                   so
                   done
                   in
                   Parliament
                   ,
                
                 was
                 presented
                 and
                 found
                 guilty
                 in
                 the
                 Stannary-Courts
                 ,
                 and
                 condemn'd
                 to
                 forfeit
                 40.
                 
                   l.
                   (
                   a
                   moderate
                   fine
                   .
                   )
                
                 He
                 was
                 for
                 this
                 imprison'd
                 in
                 a
                 Dungeon
                 ,
                 within
                 a
                 Castle
                 ,
                 and
                 fed
                 with
                 Bread
                 and
                 Water
                 .
              
               
                 When
                 the
                 Parliament
                 met
                 again
                 ,
                 he
                 Petition'd
                 the
                 Parliament
                 for
                 remedy
                 ,
                 and
                 that
                 the
                 Judgments
                 had
                 against
                 him
                 
                   and
                   the
                   Executions
                
                 might
                 be
                 
                   made
                   void
                
                 ;
                 
                 which
                 was
                 done
                 accordingly
                 
                   by
                   Act
                   of
                   Parliament
                
                 .
              
               
                 And
                 it
                 was
                 further
                 Enacted
                 ,
                 That
                 all
                 Suits
                 ,
                 Accusations
                 ,
                 Condemnations
                 ,
                 Executions
                 ,
                 Fines
                 ,
                 Amerciaments
                 ,
                 Punishments
                 ,
                 pass'd
                 or
                 had
                 ,
                 or
                 thereafter
                 to
                 be
                 pass'd
                 or
                 had
                 ,
                 upon
                 the
                 said
                 Strode
                 ,
                 and
                 to
                 every
                 other
                 person
                 ,
                 that
                 
                   was
                   in
                   that
                   Parliament
                
                 (
                 thus
                 far
                 it
                 is
                 a
                 private
                 and
                 particular
                 Act
                 )
                 but
                 the
                 reason
                 of
                 this
                 ,
                 and
                 the
                 Justice
                 of
                 it
                 extends
                 to
                 all
                 like
                 Cases
                 ;
                 but
                 then
                 it
                 goes
                 farther
                 ,
                 
                   Or
                   that
                   of
                   any
                   Parliament
                   hereafter
                   shall
                   be
                
                 ;
                 for
                 any
                 Bill
                 ,
                 speaking
                 ,
                 reasoning
                 ,
                 or
                 declaring
                 of
                 any
                 matter
                 concerning
                 the
                 Parliament
                 ,
                 to
                 be
                 communed
                 or
                 treated
                 of
                 (
                 these
                 are
                 very
                 large
                 and
                 general
                 words
                 )
                 
                   be
                   utterly
                   void
                
                 ,
                 and
                 of
                 none
                 effect
                 .
                 And
                 it
                 goes
                 farther
                 yet
                 ,
                 And
                 that
                 any
                 person
                 vexed
                 or
                 ,
                 troubled
                 ,
                 or
                 otherwise
                 charged
                 for
                 any
                 Cause
                 ,
                 as
                 aforesaid
                 ;
                 shall
                 have
                 an
                 
                   Action
                   of
                   the
                   Case
                
                 ,
                 against
                 every
                 person
                 so
                 vexing
                 contrary
                 to
                 this
                 Ordinance
                 ,
                 and
                 recover
                 treble
                 damages
                 and
                 costs
                 .
              
               
                 Here
                 now
                 is
                 an
                 Action
                 given
                 against
                 one
                 ,
                 for
                 what
                 they
                 shall
                 do
                 in
                 a
                 course
                 of
                 Justice
                 .
                 But
                 it
                 is
                 because
                 it
                 is
                 suing
                 in
                 an
                 inferior
                 Court
                 that
                 has
                 no
                 jurisdiction
                 in
                 the
                 matter
                 .
                 This
                 Act
                 takes
                 away
                 all
                 jurisdiction
                 in
                 such
                 Parliament
                 Cases
                 ,
                 from
                 all
                 other
                 Courts
                 .
                 
                 I
                 know
                 that
                 in
                 the
                 Case
                 of
                 
                   Denzill
                   Hollis
                
                 (
                 afterwards
                 the
                 Lord
                 Hollis
                 )
                 Mr.
                 Seld.
                 and
                 others
                 ,
                 3
                 Car.
                 I.
                 the
                 Judges
                 being
                 consulted
                 upon
                 some
                 Questions
                 propounded
                 ,
                 Res.
                 That
                 that
                 Act
                 of
                 Strode's
                 ,
                 was
                 a
                 particular
                 Act
                 ,
                 and
                 extended
                 to
                 Strode
                 only
                 ;
                 and
                 no
                 doubt
                 it
                 was
                 a
                 particular
                 Act
                 in
                 a
                 great
                 part
                 of
                 it
                 ,
                 and
                 in
                 that
                 part
                 extended
                 to
                 Strode
                 only
                 .
              
               
                 But
                 if
                 the
                 Judges
                 meant
                 that
                 no
                 part
                 of
                 that
                 Act
                 was
                 a
                 general
                 Law
                 ,
                 then
                 I
                 must
                 crave
                 leave
                 to
                 say
                 ,
                 1.
                 
                 That
                 their
                 opinion
                 was
                 extrajudicial
                 ;
                 it
                 was
                 delivered
                 upon
                 their
                 being
                 consulted
                 with
                 about
                 Questions
                 propounded
                 to
                 them
                 ,
                 and
                 therefore
                 hath
                 not
                 that
                 weight
                 .
                 And
                 I
                 must
                 take
                 the
                 liberty
                 to
                 appeal
                 to
                 the
                 very
                 words
                 of
                 the
                 Statute
                 it self
                 ,
                 and
                 to
                 any
                 man
                 of
                 reason
                 ,
                 and
                 honesty
                 ,
                 to
                 use
                 his
                 reason
                 aright
                 ,
                 that
                 shall
                 read
                 them
                 ;
                 and
                 I
                 must
                 offer
                 some
                 reasons
                 against
                 their
                 opinion
                 ,
                 and
                 cite
                 some
                 good
                 Authority
                 in
                 that
                 point
                 ,
                 and
                 then
                 leave
                 it
                 to
                 this
                 Court
                 to
                 judge
                 of
                 it
                 .
              
               
               
                 The
                 words
                 ,
                 and
                 persons
                 ,
                 and
                 time
                 mention'd
                 in
                 the
                 latter
                 part
                 of
                 that
                 Act
                 ,
                 are
                 general
                 .
              
               
                 It
                 speaks
                 indeed
                 ,
                 first
                 of
                 Strode
                 in
                 particular
                 ;
                 but
                 then
                 it
                 hath
                 these
                 words
                 (
                 every
                 other
                 person
                 .
                 )
              
               
                 It
                 mentions
                 that
                 Parliament
                 in
                 particular
                 ;
                 but
                 then
                 it
                 proceeds
                 to
                 speak
                 of
                 (
                 any
                 Parliament
                 that
                 there-after
                 shall
                 be
                 )
                 Then
                 the
                 things
                 also
                 are
                 general
                 that
                 the
                 Act
                 extends
                 to
                 ,
                 not
                 onely
                 to
                 indemnifie
                 Strode
                 ,
                 for
                 what
                 he
                 had
                 said
                 ,
                 or
                 done
                 in
                 parliament
                 ;
                 but
                 then
                 the
                 Indemnity
                 extends
                 to
                 every
                 other
                 person
                 ,
                 
                   for
                   any
                   Bill
                   ,
                   Speaking
                   ,
                   Reasoning
                   ,
                   or
                   Declaring
                   of
                   any
                   matter
                   concerning
                   the
                   Parliament
                   .
                
              
               
                 The
                 words
                 of
                 the
                 Royal
                 Assent
                 to
                 this
                 Bill
                 ,
                 are
                 such
                 as
                 are
                 constantly
                 used
                 ,
                 only
                 to
                 general
                 Acts
                 ,
                 
                   viz.
                   Le
                   Roy
                   veut
                
                 ;
                 whereas
                 to
                 a
                 particular
                 Act
                 ,
                 the
                 Royal
                 Answer
                 is
                 ,
                 
                   Soit
                   droit
                   fait
                   al
                   parties
                
                 .
              
               
                 And
                 this
                 Act
                 of
                 4
                 H.
                 8.
                 is
                 enrolled
                 as
                 general
                 Acts
                 use
                 to
                 be
                 .
                 But
                 a
                 private
                 or
                 particular
                 Act
                 is
                 always
                 fil'd
                 ,
                 but
                 never
                 enroll'd
                 ;
                 for
                 this
                 latter
                 distinction
                 we
                 shall
                 find
                 it
                 in
                 the
                 Case
                 33
                 H.
                 6.
                 fol.
                 17
                 ,
                 18.
                 for
                 authority
                 in
                 this
                 question
                 ,
                 Sir
                 
                   E.
                   C.
                
                 in
                 his
                 4th
                 .
                 Instit.
                 fol.
                 19.
                 holds
                 this
                 Act
                 of
                 4
                 H.
                 8.
                 in
                 the
                 latter
                 part
                 of
                 it
                 to
                 be
                 a
                 general
                 Act.
                 
              
               
                 It
                 is
                 indeed
                 commonly
                 said
                 
                   Boni
                   Judicis
                   est
                   ampliare
                   jurisdictionem
                
                 .
                 But
                 I
                 take
                 that
                 to
                 be
                 better
                 advice
                 which
                 was
                 given
                 by
                 the
                 Lord
                 Chancellor
                 ,
                 (
                 Sir
                 
                   Francis
                   Bacon
                
                 ,
                 )
                 to
                 Mr.
                 Justice
                 Hutton
                 ,
                 upon
                 the
                 swearing
                 him
                 one
                 of
                 the
                 Judges
                 of
                 the
                 Court
                 of
                 Common-Pleas
                 ;
                 That
                 he
                 would
                 take
                 care
                 to
                 contain
                 the
                 jurisdiction
                 of
                 the
                 Court
                 within
                 the
                 ancient
                 Mere-Stones
                 without
                 removing
                 the
                 mark
                 .
              
               
                 I
                 find
                 but
                 one
                 Resolution
                 in
                 all
                 our
                 Books
                 ,
                 that
                 I
                 can
                 meet
                 with
                 ,
                 that
                 seems
                 to
                 make
                 against
                 us
                 in
                 this
                 point
                 ,
                 and
                 maintains
                 a
                 jurisdiction
                 in
                 this
                 Court
                 ,
                 for
                 a
                 Misdemeanor
                 ,
                 or
                 Conspiracy
                 suppos'd
                 to
                 be
                 done
                 by
                 some
                 particular
                 Members
                 of
                 the
                 House
                 of
                 Commons
                 ,
                 in
                 the
                 House
                 in
                 time
                 of
                 Parliament
                 .
                 It
                 is
                 reported
                 by
                 Mr.
                 Justice
                 Croke
                 in
                 his
                 Reports
                 of
                 the
                 time
                 of
                 King
                 Charles
                 ,
                 fol.
                 181.
                 but
                 it
                 is
                 more
                 fully
                 reported
                 in
                 a
                 late
                 Book
                 ,
                 entitled
                 Memorials
                 of
                 the
                 English
                 Affairs
                 ,
                 set
                 out
                 by
                 a
                 Learned
                 Lawyer
                 ,
                 and
                 the
                 Son
                 of
                 a
                 Judge
                 ;
                 and
                 it
                 is
                 the
                 Case
                 that
                 I
                 lightly
                 touch'd
                 upon
                 but
                 now
                 ,
                 that
                 of
                 Mr.
                 
                   Hollis
                   ,
                   Selden
                
                 ,
                 &c.
                 
              
               
                 The
                 offence
                 charg'd
                 upon
                 Mr.
                 
                   Denzill
                   Hollis
                
                 (
                 who
                 was
                 afterwards
                 the
                 Lord
                 Hollis
                 ,
                 )
                 
                 Mr.
                 Selden
                 ,
                 Sir
                 
                   John
                   Elliot
                
                 ,
                 Sir
                 
                   John
                   Hobart
                
                 and
                 divers
                 other
                 Parliament-men
                 ,
                 
                 was
                 for
                 a
                 force
                 used
                 upon
                 the
                 then
                 Speaker
                 ,
                 Sir
                 
                   John
                   Finch
                
                 (
                 afterwards
                 Lord
                 Keeper
                 )
                 in
                 keeping
                 him
                 in
                 the
                 Speaker's
                 Chair
                 against
                 his
                 will
                 ,
                 when
                 he
                 would
                 have
                 left
                 it
                 ;
                 and
                 pressing
                 him
                 to
                 put
                 a
                 question
                 ,
                 which
                 the
                 King
                 had
                 forbidden
                 him
                 to
                 put
                 .
              
               
                 For
                 this
                 supposed
                 offence
                 ,
                 after
                 the
                 Parliament
                 was
                 Dissolv'd
                 ,
                 these
                 Parliament-men
                 were
                 first
                 convened
                 before
                 the
                 Council
                 ,
                 where
                 they
                 refus'd
                 to
                 answer
                 the
                 Charge
                 ,
                 it
                 being
                 for
                 matters
                 done
                 in
                 Parliament
                 .
              
               
                 Then
                 the
                 Judges
                 had
                 Questions
                 propounded
                 to
                 them
                 ,
                 to
                 which
                 they
                 gave
                 their
                 resolution
                 ,
                 
                   that
                   for
                   things
                   done
                
                 ,
                 not
                 in
                 a
                 Parliamentary
                 way
                 ,
                 a
                 Parliament-man
                 may
                 be
                 punished
                 after
                 the
                 Parliament
                 
                 is
                 ended
                 ,
                 if
                 he
                 be
                 not
                 punished
                 in
                 Parliament
                 ;
                 otherwise
                 as
                 J.
                 Croke
                 ,
                 said
                 ,
                 
                   There
                   would
                   be
                   a
                   failure
                   of
                   Justice
                   ,
                   but
                   ,
                   that
                   regularly
                   he
                   cannot
                   be
                   compell'd
                   out
                   of
                   Parliament
                   to
                   answer
                   things
                   done
                   in
                   a
                   Parliament
                   in
                   a
                   Parliamentary
                   course
                   .
                
              
               
                 This
                 Answer
                 seems
                 to
                 be
                 very
                 oracular
                 ,
                 for
                 it
                 resolves
                 that
                 a
                 Parliament-man
                 shall
                 not
                 Answer
                 for
                 things
                 done
                 in
                 Parliament
                 in
                 a
                 Parliamentary
                 course
                 .
                 If
                 it
                 be
                 done
                 in
                 a
                 Parliamentary
                 course
                 ,
                 what
                 occasion
                 can
                 there
                 be
                 to
                 answer
                 for
                 it
                 ?
                 But
                 who
                 shall
                 judge
                 what
                 is
                 a
                 Parliamentary
                 course
                 ,
                 but
                 a
                 Parliament
                 ?
                 not
                 Judges
                 of
                 the
                 Common-Law
                 ;
                 for
                 the
                 Parliamentary
                 course
                 differs
                 from
                 the
                 Rules
                 of
                 the
                 Common-Law
                 .
              
               
                 But
                 they
                 refusing
                 to
                 answer
                 at
                 the
                 Council-Board
                 ,
                 were
                 committed
                 close
                 Prisoners
                 to
                 the
                 Tower.
                 
              
               
                 After
                 this
                 Sir
                 
                   Robert
                   Heath
                
                 ,
                 the
                 King's
                 Attorney
                 ,
                 preferr'd
                 an
                 Information
                 in
                 the
                 Star-Chamber
                 against
                 them
                 ,
                 that
                 was
                 not
                 proceeded
                 in
                 .
                 The
                 Lord
                 Keeper
                 was
                 under
                 difficulties
                 about
                 it
                 ,
                 says
                 ,
                 the
                 Author
                 .
                 The
                 Judges
                 of
                 the
                 King's-Bench
                 were
                 to
                 consult
                 with
                 the
                 rest
                 of
                 the
                 Judges
                 in
                 granting
                 a
                 
                   Habeas
                   Corpus
                
                 for
                 bailing
                 the
                 Prisoners
                 .
                 The
                 rest
                 of
                 the
                 Judges
                 would
                 hear
                 arguments
                 ,
                 so
                 it
                 was
                 put
                 off
                 ,
                 and
                 delay'd
                 ,
                 (
                 as
                 our
                 Author
                 reports
                 it
                 .
                 )
                 At
                 last
                 an
                 Information
                 was
                 exhibited
                 against
                 
                   them
                   in
                   the
                   King's-Bench
                
                 .
                 The
                 Defendants
                 pleaded
                 to
                 the
                 jurisdiction
                 of
                 the
                 Court
                 ;
                 their
                 plea
                 was
                 over-rul'd
                 ,
                 and
                 they
                 refusing
                 to
                 plead
                 over
                 ,
                 judgment
                 was
                 entred
                 by
                 
                   nihil
                   dicit
                
                 ,
                 and
                 they
                 fined
                 and
                 imprison'd
                 .
              
               
                 Mr.
                 J.
                 Croke
                 ,
                 at
                 the
                 latter
                 end
                 of
                 those
                 Reports
                 gives
                 this
                 further
                 account
                 of
                 that
                 Case
                 ,
                 
                 that
                 afterwards
                 in
                 the
                 Parliament
                 17
                 Car.
                 1.
                 
                 It
                 was
                 
                   Resolv'd
                   by
                   the
                   House
                   of
                   Commons
                   ,
                
                 that
                 those
                 Parliament-men
                 should
                 have
                 a
                 recompence
                 for
                 their
                 damages
                 sustain'd
                 for
                 the
                 services
                 to
                 the
                 Commonwealth
                 in
                 the
                 Parliament
                 ,
                 3
                 Car.
                 1.
                 
                 If
                 a
                 Judge
                 hath
                 thought
                 fit
                 to
                 report
                 this
                 ,
                 it
                 may
                 be
                 as
                 fit
                 for
                 me
                 to
                 mention
                 it
                 .
                 I
                 take
                 that
                 to
                 be
                 the
                 first
                 precedent
                 or
                 resolution
                 given
                 in
                 any
                 case
                 for
                 what
                 was
                 done
                 in
                 Parliament
                 ,
                 and
                 it
                 stands
                 alone
                 ;
                 I
                 have
                 heard
                 of
                 none
                 since
                 that
                 neither
                 .
                 It
                 seems
                 to
                 be
                 directly
                 against
                 the
                 provision
                 made
                 by
                 it
                 ;
                 it
                 is
                 clearly
                 within
                 the
                 Equity
                 and
                 Reason
                 of
                 it
                 ,
                 Strode's
                 Act.
                 I
                 wish
                 I
                 could
                 not
                 say
                 that
                 even
                 those
                 times
                 of
                 3
                 Car.
                 1.
                 were
                 not
                 full
                 of
                 trouble
                 .
                 It
                 appears
                 much
                 by
                 the
                 
                   difficulty
                   the
                   Judges
                   seem'd
                
                 to
                 be
                 at
                 in
                 the
                 proceedings
                 of
                 that
                 Case
                 ;
                 this
                 detracts
                 much
                 from
                 that
                 veneration
                 ,
                 that
                 otherwise
                 is
                 justly
                 due
                 to
                 a
                 Resolution
                 so
                 solemn
                 as
                 that
                 of
                 all
                 the
                 Judges
                 .
              
               
                 The
                 Lord
                 Chancellor
                 Bacon
                 in
                 his
                 profound
                 Book
                 of
                 the
                 Advancement
                 of
                 Learning
                 ,
                 dislikes
                 all
                 Precedents
                 that
                 
                   taste
                   of
                   the
                   times
                
                 ;
                 and
                 advises
                 that
                 Precedents
                 should
                 be
                 deriv'd
                 from
                 good
                 and
                 moderate
                 Times
                 .
              
               
                 The
                 only
                 reason
                 that
                 I
                 find
                 given
                 for
                 that
                 proceeding
                 in
                 the
                 case
                 of
                 
                   Denzill
                   Hollis
                
                 ,
                 is
                 that
                 given
                 by
                 Mr.
                 J.
                 Croke
                 ,
                 viz.
                 
                   That
                   otherwise
                   there
                   would
                   be
                   a
                   failure
                   of
                   Justice
                   .
                
              
               
                 This
                 reason
                 must
                 be
                 grounded
                 either
                 upon
                 the
                 Infrequenecy
                 of
                 Parliaments
                 ,
                 or
                 upon
                 an
                 opinion
                 that
                 
                   Parliaments
                   will
                   be
                   partial
                
                 in
                 cases
                 of
                 their
                 own
                 Members
                 .
              
               
               
                 As
                 to
                 the
                 first
                 of
                 these
                 (
                 the
                 long
                 intervals
                 between
                 Parliaments
                 ,
                 )
                 This
                 under
                 favour
                 ought
                 to
                 be
                 no
                 reason
                 ,
                 especially
                 to
                 come
                 from
                 a
                 Judges's
                 mouth
                 ,
                 (
                 I
                 have
                 a
                 great
                 honour
                 for
                 the
                 memory
                 of
                 that
                 Reverend
                 Judge
                 )
                 who
                 must
                 needs
                 know
                 ,
                 and
                 ought
                 to
                 assert
                 it
                 ,
                 That
                 by
                 the
                 Law
                 ,
                 Parliaments
                 ought
                 to
                 be
                 very
                 frequent
                 ,
                 and
                 Judges
                 ought
                 to
                 take
                 part
                 with
                 the
                 Law
                 ,
                 and
                 to
                 maintain
                 it
                 .
              
               
                 Before
                 the
                 Conquest
                 (
                 as
                 't
                 is
                 untruly
                 call'd
                 )
                 by
                 the
                 Law
                 ,
                 Parliaments
                 were
                 to
                 be
                 held
                 twice
                 a
                 year
                 ,
                 as
                 appears
                 by
                 King
                 Edgar's
                 Laws
                 ,
                 c.
                 5.
                 in
                 
                   Lamb.
                   de
                   priscis
                
                 .
                 &c.
                 
              
               
                 And
                 the
                 Mirror
                 of
                 Justice
                 c.
                 1.
                 
                 Sect.
                 3.
                 tells
                 us
                 that
                 King
                 Alfred
                 ordain'd
                 for
                 a
                 perpetual
                 Usage
                 ;
                 that
                 twice
                 in
                 the
                 year
                 ,
                 (
                 and
                 if
                 need
                 were
                 )
                 oftner
                 .
                 The
                 Seniors
                 or
                 Earls
                 should
                 assemble
                 themselves
                 at
                 London
                 ,
                 to
                 speak
                 their
                 minds
                 .
              
               
                 And
                 't
                 is
                 reckon'd
                 among
                 the
                 Abusions
                 (
                 as
                 they
                 are
                 there
                 term'd
                 )
                 
                   of
                   the
                   Common-Law
                
                 ;
                 That
                 whereas
                 Parliaments
                 ought
                 to
                 be
                 twice
                 in
                 the
                 year
                 for
                 the
                 salvation
                 of
                 the
                 Souls
                 of
                 Trespassers
                 (
                 and
                 at
                 London
                 too
                 )
                 that
                 they
                 are
                 there
                 but
                 very
                 seldom
                 ,
                 and
                 at
                 the
                 pleasure
                 of
                 the
                 King
                 ,
                 for
                 Subsidies
                 and
                 Collections
                 of
                 treasure
                 .
              
               
                 And
                 by
                 the
                 Statute
                 of
                 4
                 E.
                 3.
                 c.
                 14.
                 
                 Parliaments
                 ought
                 to
                 be
                 once
                 a
                 year
                 ,
                 and
                 oftner
                 (
                 if
                 need
                 be
                 )
                 I
                 have
                 heard
                 a
                 Civilian
                 in
                 the
                 House
                 of
                 Commons
                 give
                 this
                 construction
                 to
                 that
                 short
                 Act
                 ,
                 that
                 the
                 words
                 (
                 If
                 need
                 be
                 )
                 should
                 referr
                 to
                 the
                 Parliaments
                 being
                 (
                 once
                 a
                 year
                 )
                 aswell
                 as
                 to
                 the
                 words
                 (
                 and
                 oftner
                 )
                 and
                 I
                 never
                 heard
                 that
                 any
                 man
                 was
                 of
                 that
                 opinion
                 but
                 himself
                 ;
                 but
                 I
                 remember
                 he
                 himself
                 laught
                 when
                 he
                 spoke
                 it
                 ,
                 but
                 he
                 was
                 more
                 laught
                 at
                 for
                 that
                 ridiculous
                 exposition
                 .
                 And
                 should
                 that
                 sense
                 be
                 put
                 upon
                 it
                 ,
                 it
                 would
                 make
                 the
                 Law
                 a
                 very
                 ridiculous
                 thing
                 indeed
                 ,
                 for
                 then
                 the
                 short
                 of
                 it
                 would
                 be
                 this
                 ;
                 
                   That
                   we
                   should
                   have
                   a
                   Parliament
                   when
                   there
                   is
                   need
                   .
                
              
               
                 But
                 to
                 refute
                 that
                 fancy
                 ,
                 there
                 is
                 another
                 Statute
                 of
                 the
                 same
                 King's
                 time
                 ,
                 namely
                 ,
                 36
                 E.
                 3.
                 c.
                 10.
                 which
                 says
                 ,
                 that
                 for
                 redress
                 of
                 divers
                 mischiefs
                 and
                 grievances
                 ,
                 which
                 daily
                 happen
                 ,
                 it
                 s
                 accorded
                 that
                 a
                 Parliament
                 shall
                 be
                 holden
                 every
                 year
                 without
                 any
                 such
                 restriction
                 (
                 If
                 need
                 be
                 .
                 )
              
               
                 And
                 by
                 the
                 Act
                 of
                 16
                 Car.
                 2.
                 c.
                 1.
                 
                 These
                 Acts
                 are
                 declared
                 to
                 be
                 in
                 force
                 .
                 And
                 farther
                 ,
                 it
                 is
                 Declared
                 and
                 Enacted
                 ,
                 That
                 the
                 holding
                 of
                 Parliaments
                 shall
                 not
                 be
                 discontinued
                 above
                 three
                 years
                 at
                 the
                 most
                 .
              
               
                 Now
                 how
                 can
                 any
                 man
                 say
                 in
                 Defiance
                 of
                 these
                 Laws
                 ,
                 That
                 there
                 can
                 be
                 any
                 long
                 discontinuance
                 of
                 Parliaments
                 ?
                 
                 His
                 now
                 Majesty
                 has
                 been
                 pleased
                 graciously
                 to
                 declare
                 his
                 Resolution
                 often
                 to
                 meet
                 his
                 People
                 in
                 Parliaments
                 ,
                 and
                 in
                 the
                 word
                 of
                 a
                 King
                 there
                 is
                 power
                 .
                 Nay
                 ,
                 we
                 have
                 the
                 King's
                 Oath
                 for
                 it
                 ,
                 for
                 he
                 is
                 sworn
                 to
                 observe
                 the
                 Law
                 ;
                 And
                 
                   eadem
                   praesumitur
                   esse
                   mens
                   Regis
                   quae
                   legis
                
                 ;
                 And
                 it
                 is
                 an
                 high
                 presumption
                 for
                 any
                 man
                 to
                 think
                 ,
                 or
                 say
                 otherwise
                 .
              
               
                 For
                 that
                 other
                 ground
                 of
                 that
                 reason
                 given
                 by
                 Mr.
                 Justice
                 Croke
                 ,
                 viz.
                 That
                 there
                 would
                 be
                 a
                 failure
                 of
                 Justice
                 ,
                 if
                 offences
                 committed
                 in
                 Parliament
                 ,
                 were
                 not
                 punishable
                 in
                 the
                 Kings-Bench
                 ;
                 
                 namely
                 ,
                 because
                 Parliaments
                 will
                 be
                 partial
                 in
                 Cases
                 of
                 their
                 own
                 Members
                 .
                 This
                 carries
                 with
                 it
                 a
                 very
                 high
                 reflection
                 upon
                 that
                 great
                 and
                 solemn
                 Assembly
                 ,
                 to
                 entertain
                 a
                 thought
                 so
                 mean
                 ,
                 and
                 so
                 dishonourable
                 of
                 the
                 Supreme
                 Court
                 of
                 the
                 Nation
                 ,
                 that
                 the
                 Court
                 which
                 is
                 to
                 Correct
                 the
                 Errors
                 of
                 all
                 other
                 Courts
                 ,
                 and
                 is
                 the
                 last
                 resort
                 of
                 the
                 Nation
                 ,
                 that
                 they
                 should
                 be
                 guilty
                 of
                 Injustice
                 and
                 Partiality
                 .
              
               
                 No
                 Man
                 that
                 is
                 a
                 lover
                 of
                 his
                 Country
                 ,
                 or
                 a
                 friend
                 to
                 his
                 own
                 true
                 and
                 honest
                 Interest
                 ,
                 will
                 harbour
                 a
                 dishonourable
                 thought
                 of
                 that
                 great
                 Assembly
                 .
              
               
                 I
                 am
                 apter
                 to
                 think
                 ,
                 that
                 the
                 reporter
                 of
                 that
                 Case
                 did
                 mistake
                 ,
                 when
                 he
                 charg'd
                 that
                 worthy
                 and
                 reverend
                 Judge
                 ,
                 Mr.
                 Just.
                 Croke
                 ,
                 with
                 the
                 offering
                 of
                 that
                 for
                 a
                 Reason
                 .
              
               
                 I
                 find
                 the
                 most
                 Reverend
                 of
                 our
                 Judges
                 speaking
                 with
                 the
                 greatest
                 Reverence
                 of
                 that
                 Supreme
                 Court.
                 
              
               
                 Besides
                 ,
                 the
                 Learned
                 Lord
                 Chief
                 Justice
                 Sir
                 
                   Edw.
                   Coke
                
                 ,
                 who
                 often
                 expresses
                 his
                 great
                 veneration
                 for
                 them
                 ,
              
               
                 Hear
                 what
                 the
                 Ch.
                 Just.
                 Brook
                 ,
                 and
                 Just.
                 Saunders
                 ,
                 say
                 of
                 that
                 Assembly
                 in
                 
                   Plowd
                   .
                   Comment
                
                 .
                 in
                 the
                 Case
                 of
                 Hill
                 and
                 
                   Grange
                   ,
                   Fo.
                
                 175.
                 a.
                 towards
                 the
                 lower
                 end
                 of
                 that
                 
                   Folio
                   ,
                   Injustice
                
                 (
                 say
                 they
                 )
                 
                   may
                   not
                   be
                   presum'd
                   of
                   a
                   Parliament
                   .
                
                 And
                 in
                 the
                 Earl
                 of
                 Leicester's
                 Case
                 ,
                 in
                 the
                 same
                 Comment
                 ,
                 Fol.
                 398.
                 towards
                 the
                 end
                 of
                 the
                 Folio
                 ,
                 
                   The
                   Parliament
                   is
                   a
                   Court
                   of
                   very
                   high
                   Honour
                   and
                   Justice
                   ,
                   of
                   which
                   no
                   man
                   ought
                   to
                   imagine
                   a
                   thing
                   dishonourable
                   .
                
              
               
                 I
                 do
                 agree
                 ,
                 that
                 an
                 offence
                 committed
                 in
                 Parliament
                 ,
                 is
                 a
                 very
                 high
                 offence
                 ;
                 but
                 the
                 higher
                 it
                 is
                 ,
                 the
                 more
                 proper
                 it
                 is
                 for
                 their
                 Judicature
                 ;
                 and
                 that
                 Court
                 is
                 arm'd
                 with
                 a
                 power
                 to
                 punish
                 the
                 highest
                 offences
                 ,
                 and
                 the
                 highest
                 offenders
                 .
              
               
                 But
                 to
                 take
                 it
                 out
                 of
                 their
                 hands
                 ,
                 and
                 to
                 make
                 it
                 determinable
                 in
                 any
                 other
                 Court
                 ,
                 is
                 a
                 disparagement
                 to
                 that
                 Grave
                 and
                 Supreme
                 Court.
                 
              
               
                 We
                 easily
                 agree
                 that
                 a
                 Parliament
                 may
                 Erre
                 ,
                 for
                 they
                 are
                 not
                 Infallible
                 ;
                 but
                 the
                 Law
                 hath
                 provided
                 a
                 Remedy
                 against
                 those
                 Errors
                 ,
                 and
                 a
                 way
                 to
                 Reform
                 them
                 .
                 A
                 subsequent
                 Parliament
                 may
                 Reform
                 the
                 Errors
                 of
                 a
                 preceding
                 Parliament
                 ,
                 as
                 I
                 have
                 prov'd
                 by
                 several
                 Authorities
                 .
              
               
                 But
                 to
                 say
                 they
                 will
                 be
                 partial
                 or
                 unjust
                 ,
                 or
                 corrupt
                 ,
                 or
                 do
                 any
                 thing
                 out
                 of
                 malice
                 ,
                 is
                 to
                 raise
                 a
                 scandal
                 upon
                 the
                 whole
                 Nation
                 ,
                 whose
                 Representative
                 they
                 are
                 .
              
               
                 I
                 will
                 make
                 no
                 difficulty
                 to
                 affirm
                 ,
                 That
                 if
                 any
                 offence
                 whatever
                 be
                 committed
                 in
                 the
                 Parliament
                 ,
                 by
                 any
                 particular
                 Members
                 ,
                 (
                 as
                 this
                 was
                 accounted
                 a
                 Force
                 or
                 Riot
                 in
                 the
                 Case
                 of
                 
                   Denzill
                   Hollis
                
                 and
                 Selden
                 ,
                 and
                 others
                 committed
                 upon
                 the
                 Speaker
                 )
                 it
                 is
                 an
                 high
                 infringement
                 of
                 the
                 right
                 and
                 privilege
                 of
                 Parliament
                 ,
                 for
                 any
                 Person
                 or
                 Court
                 to
                 take
                 the
                 least
                 notice
                 of
                 it
                 ,
                 till
                 the
                 House
                 it self
                 either
                 has
                 punish'd
                 the
                 Offender
                 ,
                 or
                 referr'd
                 them
                 to
                 a
                 due
                 or
                 proper
                 course
                 of
                 punishment
                 .
                 To
                 do
                 otherwise
                 ,
                 would
                 be
                 to
                 make
                 the
                 highest
                 Court
                 an
                 Offender
                 ,
                 and
                 to
                 charge
                 them
                 with
                 Injustice
                 .
              
               
               
                 Nay
                 ,
                 their
                 right
                 and
                 privilege
                 so
                 far
                 extends
                 ,
                 that
                 not
                 only
                 what
                 is
                 done
                 in
                 the
                 very
                 House
                 sitting
                 the
                 Parliament
                 ,
                 but
                 whatever
                 is
                 done
                 relating
                 to
                 them
                 ,
                 or
                 in
                 pursuance
                 of
                 their
                 Order
                 ,
                 during
                 the
                 Parliament
                 ,
                 and
                 sitting
                 the
                 Parliament
                 ,
                 is
                 no
                 where
                 else
                 to
                 be
                 punish'd
                 ,
                 but
                 by
                 themselves
                 or
                 a
                 succeeding
                 Parliament
                 ,
                 although
                 done
                 out
                 of
                 the
                 House
                 ,
                 as
                 in
                 the
                 case
                 of
                 Ferrers
                 .
              
               
                 It
                 any
                 shall
                 imagine
                 ,
                 as
                 Mr.
                 Pryn
                 does
                 ,
                 and
                 others
                 ,
                 that
                 of
                 later
                 times
                 the
                 Parliament
                 have
                 encroach'd
                 more
                 power
                 than
                 anciently
                 belong'd
                 to
                 them
                 ,
                 I
                 have
                 already
                 answer'd
                 this
                 objection
                 ,
                 by
                 shewing
                 how
                 large
                 a
                 power
                 they
                 exercis'd
                 of
                 old
                 ,
                 and
                 see
                 what
                 is
                 further
                 mentioned
                 in
                 
                   Lamb.
                   Archion
                   57.
                   viz.
                
                 That
                 King
                 H.
                 3.
                 was
                 told
                 by
                 his
                 Lords
                 Spiritual
                 and
                 Temporal
                 ,
                 that
                 of
                 ancient
                 time
                 the
                 Creating
                 and
                 Deposing
                 of
                 all
                 the
                 Judges
                 and
                 great
                 Officers
                 belong'd
                 to
                 the
                 Parliament
                 .
              
               
                 I
                 do
                 not
                 deny
                 ,
                 but
                 some
                 sort
                 of
                 Orders
                 by
                 them
                 made
                 ,
                 are
                 no
                 longer
                 in
                 force
                 ,
                 than
                 while
                 the
                 Parliament
                 sits
                 ;
                 but
                 then
                 ,
                 what
                 is
                 done
                 after
                 the
                 Parliament
                 is
                 risen
                 ,
                 is
                 not
                 to
                 be
                 said
                 to
                 be
                 done
                 by
                 their
                 Order
                 ,
                 for
                 then
                 it
                 ceases
                 to
                 be
                 their
                 Order
                 :
                 This
                 must
                 be
                 understood
                 of
                 matters
                 Executory
                 ,
                 not
                 as
                 to
                 things
                 executed
                 by
                 their
                 Order
                 during
                 Parliament
                 .
              
               
                 However
                 ,
                 this
                 Case
                 of
                 
                   Denzill
                   Hollis
                
                 comes
                 not
                 home
                 to
                 our
                 present
                 Case
                 ,
                 but
                 't
                 is
                 wonderfully
                 short
                 of
                 it
                 :
                 This
                 was
                 an
                 Offence
                 charg'd
                 only
                 upon
                 some
                 Particular
                 Members
                 ;
                 and
                 it
                 cannot
                 be
                 denied
                 ,
                 but
                 particular
                 persons
                 ,
                 even
                 in
                 the
                 Parliament
                 ,
                 may
                 misdemean
                 themselves
                 ,
                 and
                 they
                 are
                 to
                 be
                 punish'd
                 by
                 the
                 Parliament
                 ,
                 but
                 no
                 where
                 else
                 .
              
               
                 But
                 in
                 our
                 Case
                 ,
                 that
                 which
                 makes
                 the
                 Offence
                 ,
                 and
                 for
                 which
                 the
                 Information
                 is
                 brought
                 by
                 the
                 Kings
                 Attorney
                 ,
                 is
                 what
                 is
                 done
                 by
                 the
                 whole
                 House
                 of
                 Commons
                 ,
                 and
                 by
                 virtue
                 of
                 their
                 express
                 Order
                 .
                 Although
                 ,
                 as
                 I
                 have
                 already
                 observ'd
                 ,
                 the
                 Information
                 it self
                 does
                 not
                 expresly
                 own
                 it
                 ,
                 yet
                 the
                 demurrer
                 to
                 the
                 Defendant's
                 Plea
                 (
                 which
                 sets
                 it
                 all
                 forth
                 )
                 does
                 most
                 plainly
                 avow
                 it
                 .
                 And
                 this
                 I
                 am
                 sure
                 is
                 without
                 any
                 colour
                 of
                 precedent
                 ,
                 and
                 never
                 was
                 attempted
                 till
                 this
                 time
                 .
              
               
                 If
                 any
                 Man
                 will
                 extenuate
                 or
                 justify
                 this
                 way
                 of
                 proceeding
                 ,
                 by
                 saying
                 ,
                 that
                 this
                 was
                 not
                 for
                 any
                 thing
                 done
                 in
                 the
                 House
                 ,
                 but
                 a
                 matter
                 done
                 out
                 of
                 the
                 House
                 ;
                 viz.
                 the
                 Printing
                 and
                 Publishing
                 was
                 abroad
                 in
                 the
                 Printing-House
                 ,
                 and
                 in
                 the
                 Streets
                 ,
                 and
                 spreading
                 them
                 abroad
                 throughout
                 the
                 Kingdom
                 :
                 Yet
                 this
                 will
                 not
                 salve
                 it
                 ,
                 for
                 the
                 Defendant
                 did
                 what
                 he
                 did
                 as
                 Speaker
                 ,
                 and
                 not
                 in
                 his
                 private
                 Capacity
                 .
                 And
                 it
                 was
                 done
                 by
                 order
                 of
                 the
                 whole
                 House
                 and
                 sitting
                 the
                 Parliament
                 ;
                 so
                 that
                 this
                 Information
                 does
                 directly
                 question
                 the
                 Parliament
                 it self
                 ,
                 and
                 Arraigns
                 their
                 power
                 and
                 actings
                 ;
                 for
                 I
                 have
                 fully
                 prov'd
                 ,
                 that
                 what
                 the
                 Defendant
                 has
                 done
                 ,
                 is
                 not
                 his
                 Act
                 ,
                 but
                 indeed
                 the
                 Acting
                 of
                 the
                 whole
                 House
                 of
                 Commons
                 .
                 And
                 I
                 have
                 also
                 prov'd
                 ,
                 that
                 the
                 Two
                 Houses
                 ,
                 as
                 to
                 the
                 right
                 of
                 the
                 power
                 that
                 they
                 claim
                 ,
                 and
                 use
                 ,
                 is
                 but
                 one
                 ,
                 and
                 they
                 are
                 intire
                 ,
                 though
                 they
                 may
                 divide
                 in
                 the
                 exercise
                 of
                 that
                 power
                 .
                 So
                 that
                 it
                 is
                 a
                 matter
                 of
                 the
                 highest
                 concernment
                 to
                 the
                 Nation
                 that
                 possibly
                 can
                 be
                 .
              
               
               
                 Sir
                 
                   E.
                   C.
                
                 
                 in
                 his
                 Fourth
                 Inst.
                 in
                 his
                 Chapter
                 of
                 the
                 High
                 Court
                 of
                 Parliament
                 ,
                 mentions
                 Two
                 Cases
                 only
                 ,
                 and
                 some
                 other
                 beginnings
                 of
                 a
                 Prosecution
                 against
                 such
                 as
                 absented
                 themselves
                 from
                 Parliament
                 ,
                 and
                 departed
                 from
                 it
                 without
                 Licence
                 ;
                 but
                 they
                 had
                 no
                 effect
                 ,
                 as
                 he
                 affirms
                 ,
                 but
                 only
                 against
                 Six
                 timorous
                 Burgesses
                 ,
                 (
                 where
                 Thirty
                 nine
                 Members
                 were
                 inform'd
                 against
                 )
                 who
                 
                   ad
                   redimendam
                   vexationem
                
                 ,
                 submitted
                 to
                 Fines
                 ;
                 but
                 he
                 could
                 not
                 find
                 that
                 ever
                 they
                 paid
                 any
                 .
              
               
                 The
                 first
                 of
                 the
                 Two
                 Cases
                 is
                 that
                 of
                 the
                 Bishop
                 of
                 Winchester
                 ,
                 it
                 is
                 in
                 the
                 Year-Book
                 of
                 3
                 
                   E.
                   3.
                   
                   Fol.
                
                 18
                 ,
                 and
                 19.
                 
                 
                   Fitz.
                   H.
                   Abr.
                   tit
                   .
                   Coron
                   .
                   plac
                   .
                
                 161.
                 
              
               
                 And
                 he
                 affirms
                 that
                 those
                 are
                 all
                 the
                 Cases
                 that
                 he
                 can
                 find
                 concerning
                 this
                 matter
                 .
              
               
                 The
                 suit
                 against
                 the
                 Bishop
                 was
                 by
                 original
                 Writ
                 in
                 the
                 Kings-Bench
                 ,
                 and
                 it
                 charges
                 him
                 with
                 a
                 Trespass
                 and
                 Contempt
                 in
                 departing
                 from
                 the
                 Parliament
                 without
                 the
                 Kings
                 Licence
                 .
              
               
                 
                   The
                   Bishop
                   there
                   pleads
                   (
                   as
                   the
                   Defendant
                   does
                   in
                   this
                   Case
                   )
                   to
                   the
                   jurisdiction
                   of
                   the
                   Court.
                
                 Et
                 dicit
                 quod
                 si
                 quis
                 eorum
                 (
                 
                   speaking
                   of
                   the
                   Lords
                   of
                   Parliament
                   ,
                
                 )
                 deliquerit
                 erga
                 Dominum
                 Regem
                 in
                 Parliamento
                 aliquo
                 ,
                 in
                 parliamento
                 debet
                 corrigi
                 &
                 emendari
                 ,
                 &
                 non
                 alibi
                 in
                 minori
                 curia
                 quam
                 in
                 Parliamento
                 .
                 Vnde
                 non
                 intendit
                 quod
                 Dominus
                 Rex
                 velit
                 in
                 curia
                 hic
                 de
                 bujusmodi
                 transgressione
                 &
                 contemptu
                 factis
                 in
                 Parliamento
                 responderi
                 .
              
               
                 Note
                 the
                 Plea
                 ,
                 as
                 to
                 the
                 offence
                 ,
                 is
                 very
                 general
                 ,
                 not
                 only
                 restrain'd
                 to
                 the
                 offence
                 of
                 absenting
                 from
                 the
                 Parliament
                 ,
                 but
                 to
                 any
                 trespass
                 or
                 offence
                 in
                 Parliament
                 .
                 
                   Si
                   quis
                   deliquerit
                
                 .
              
               
                 And
                 it
                 would
                 be
                 a
                 little
                 improper
                 to
                 call
                 absence
                 from
                 Parliament
                 offence
                 committed
                 in
                 Parliament
                 ,
                 for
                 it
                 looks
                 like
                 the
                 quite
                 contrary
                 :
                 But
                 in
                 a
                 just
                 sence
                 ,
                 any
                 offence
                 committed
                 by
                 a
                 Member
                 relating
                 to
                 the
                 Parliament
                 ,
                 though
                 done
                 out
                 of
                 the
                 House
                 ,
                 is
                 termed
                 an
                 Offence
                 in
                 Parliament
                 .
                 So
                 Printing
                 any
                 thing
                 by
                 Order
                 of
                 Parliament
                 ,
                 though
                 it
                 be
                 done
                 and
                 executed
                 in
                 another
                 place
                 ,
                 yet
                 it
                 may
                 be
                 said
                 to
                 be
                 done
                 by
                 the
                 Parliament
                 ,
                 and
                 in
                 Parliament
                 ,
                 if
                 it
                 be
                 by
                 their
                 Order
                 ,
                 and
                 in
                 time
                 of
                 Parliament
                 .
              
               
                 We
                 may
                 note
                 further
                 that
                 this
                 is
                 a
                 prosecution
                 only
                 against
                 one
                 particular
                 Person
                 ,
                 for
                 a
                 particular
                 Offence
                 and
                 Contempt
                 charg'd
                 upon
                 him
                 .
                 But
                 in
                 our
                 Case
                 ,
                 the
                 prosecution
                 is
                 against
                 the
                 very
                 Speaker
                 of
                 the
                 Parliament
                 ,
                 and
                 is
                 in
                 effect
                 a
                 prosecution
                 against
                 the
                 Parliament
                 ;
                 for
                 it
                 is
                 against
                 him
                 ,
                 for
                 what
                 he
                 did
                 by
                 command
                 and
                 order
                 of
                 Parliament
                 ,
                 and
                 sitting
                 the
                 Parliament
                 .
              
               
                 And
                 though
                 the
                 Attorney-General
                 ,
                 reply'd
                 to
                 the
                 Bishops
                 Plea
                 that
                 the
                 King
                 might
                 sue
                 in
                 what
                 Court
                 he
                 would
                 ,
                 yet
                 the
                 Bishop
                 rejoins
                 upon
                 him
                 and
                 maintains
                 his
                 former
                 Plea
                 ,
                 and
                 there
                 it
                 rests
                 ;
                 so
                 that
                 as
                 Sir
                 
                   E.
                   C.
                
                 observes
                 that
                 the
                 Bishops
                 Plea
                 did
                 stand
                 and
                 was
                 never
                 over-rul'd
                 ,
                 agreeable
                 to
                 the
                 resolutions
                 of
                 former
                 times
                 .
                 So
                 this
                 I.
                 may
                 claim
                 as
                 an
                 authority
                 on
                 our
                 side
                 .
              
               
                 And
                 though
                 Mr.
                 Plowden
                 the
                 Lawyer
                 ,
                 
                 to
                 the
                 like
                 Information
                 put
                 in
                 against
                 him
                 and
                 others
                 ,
                 1
                 and
                 2
                 Philip
                 and
                 Mary
                 ,
                 
                 pleaded
                 that
                 he
                 remain'd
                 continually
                 from
                 the
                 beginning
                 to
                 the
                 end
                 of
                 the
                 Parliament
                 ,
                 and
                 travers'd
                 the
                 absence
                 whereby
                 he
                 passes
                 by
                 the
                 advantage
                 of
                 the
                 Plea
                 to
                 the
                 jurisdiction
                 ,
                 yet
                 this
                 is
                 no
                 Authority
                 against
                 us
                 ,
                 for
                 he
                 might
                 think
                 fit
                 ,
                 
                   Renunciare
                   juri
                   pro
                   se
                   introducto
                
                 ,
                 having
                 so
                 true
                 an
                 occasions
                 of
                 clearing
                 himself
                 from
                 that
                 scandalous
                 imputation
                 of
                 being
                 absent
                 from
                 doing
                 his
                 duty
                 in
                 Parliament
                 ,
                 which
                 certainly
                 is
                 a
                 very
                 high
                 breach
                 of
                 Trust
                 ;
                 and
                 he
                 might
                 be
                 impatient
                 of
                 lying
                 under
                 it
                 ,
                 and
                 therefore
                 thought
                 it
                 best
                 to
                 traverse
                 it
                 to
                 clear
                 his
                 Reputation
                 in
                 that
                 point
                 ;
                 yet
                 I
                 must
                 confess
                 I
                 should
                 never
                 have
                 advis'd
                 it
                 ,
                 nor
                 was
                 there
                 any
                 further
                 prosecution
                 against
                 him
                 .
              
               
                 I
                 will
                 mention
                 but
                 one
                 most
                 excellent
                 Record
                 more
                 ,
                 and
                 it
                 is
                 a
                 Record
                 out
                 of
                 the
                 Parliament
                 Rolls
                 ,
                 27
                 E.
                 3.
                 
                 Num.
                 9.
                 
                 Sir
                 Cotton's
                 Abridgem
                 .
                 and
                 with
                 that
                 I
                 will
                 Conclude
                 .
                 I
                 take
                 it
                 to
                 be
                 very
                 pertinent
                 ,
                 and
                 I
                 am
                 sure
                 it
                 is
                 very
                 seasonable
                 .
              
               
                 Among
                 the
                 Petitions
                 of
                 the
                 Commons
                 ,
                 One
                 is
                 ;
              
               
                 They
                 pray
                 the
                 King
                 ,
                 that
                 he
                 will
                 require
                 the
                 Archbishop
                 ,
                 and
                 all
                 other
                 of
                 the
                 Clergy
                 ,
                 to
                 Pray
                 for
                 the
                 Peace
                 and
                 good
                 Government
                 of
                 the
                 Land.
                 
              
               
                 And
                 for
                 the
                 King
                 's
                 good
                 will
                 towards
                 the
                 Commons
                 .
              
               
                 The
                 King's
                 Answer
                 ,
                 is
                 ,
              
               
                 The
                 same
                 prayseth
                 the
                 King.
                 
              
               
                 And
                 I
                 wish
                 with
                 all
                 my
                 heart
                 ,
                 it
                 were
                 the
                 Common-Prayer
                 .
              
               
                 I
                 have
                 but
                 one
                 Prayer
                 more
                 to
                 make
                 ,
                 and
                 that
                 is
                 ,
                 That
                 this
                 Court
                 will
                 allow
                 the
                 Defendant's
                 Plea.
                 
              
            
          
        
      
       
         
           
             
             
             
               A
               DISCOURSE
               Concerning
               the
               
                 Ecclesiastical
                 Jurisdiction
              
               IN
               THE
               Realm
               of
               England
               :
            
             
               Occasioned
               by
               the
               Late
               COMMISSION
               IN
               Ecclesiastical
               Causes
               .
            
             
               By
               Sir
               
                 Robert
                 Atkyns
              
               Kt.
               of
               the
               
                 Honourable
                 Order
              
               of
               the
               Bath
               ,
               and
               late
               One
               of
               the
               Judges
               of
               the
               Court
               of
               Common-Pleas
               .
            
             
               LONDON
               ,
               Printed
               for
               
                 Tim.
                 Goodwin
              
               at
               the
               Maiden-Head
               against
               St.
               Dunstans
               Church
               in
               Fleet-street
               ,
               MDCLXXXIX
               .
            
          
        
         
           
             
             
             
               A
               DISCOURSE
               Concerning
               the
               Ecclesiastical
               Jurisdiction
               IN
               THE
               Realm
               of
               England
               :
               Occasioned
               by
               the
               Late
               COMMISSION
               IN
               Ecclesiastical
               Causes
               .
            
             
               THE
               Preamble
               acknowledges
               ,
               
               That
               the
               King
               justly
               and
               rightfully
               is
               ,
               and
               ought
               to
               be
               ,
               Supream
               Head
               of
               the
               Church
               of
               England
               ,
               and
               is
               so
               recognised
               by
               the
               Clergy
               in
               their
               Convocations
               .
               And
               it
               is
               Enacted
               ,
               That
               the
               King
               and
               his
               Successors
               shall
               be
               taken
               ,
               &c.
               the
               only
               Supream
               Head
               in
               Earth
               of
               the
               Church
               of
               England
               .
               And
               shall
               have
               and
               enjoy
               annexed
               to
               the
               Imperial
               Crown
               all
               Jurisdiction
               ,
               &c.
               
               Authorities
               ,
               &c.
               to
               the
               said
               Dignity
               of
               Supream
               Head
               of
               the
               same
               Church
               belonging
               .
               And
               that
               the
               King
               and
               his
               Heirs
               and
               Successors
               ,
               Kings
               of
               this
               Realm
               ,
               shall
               have
               full
               Power
               and
               Authority
               from
               time
               to
               time
               to
               visit
               ,
               repress
               ,
               redress
               ,
               reform
               ,
               order
               ,
               correct
               ,
               restrain
               and
               amend
               all
               such
               Errors
               ,
               Heresies
               ,
               Abuses
               ,
               Offences
               ,
               Contempts
               and
               Enormities
               whatsoever
               they
               be
               ,
               which
               by
               any
               manner
               of
               Spiritual
               Authority
               or
               Jurisdiction
               ought
               ,
               or
               may
               ,
               lawfully
               be
               reformed
               ,
               
               repressed
               ,
               ordered
               ,
               redressed
               ,
               &c.
               
               Any
               Usage
               ,
               Custom
               ,
               foreign
               Laws
               ,
               foreign
               Authority
               ,
               Prescription
               or
               any
               thing
               to
               the
               contrary
               notwithstanding
               .
            
             
               Note
               ,
               This
               Act
               doth
               not
               make
               the
               King
               to
               be
               the
               Supream
               Head
               of
               the
               Church
               of
               England
               ,
               but
               acknowledges
               ,
               that
               he
               ever
               hath
               been
               so
               (
               as
               it
               is
               recited
               by
               the
               Statute
               made
               in
               the
               same
               Parliament
               of
               26
               
                 H.
                 8.
                 c.
              
               3.
               the
               Act
               for
               the
               First-Fruits
               .
               See
               the
               Preamble
               towards
               the
               latter
               Part
               ,
               being
               the
               first
               Paragraph
               .
               )
               See
               also
               the
               Oath
               prescribed
               by
               the
               Statute
               of
               35
               H.
               8.
               cap.
               1.
               for
               the
               Succession
               ,
               Paragraph
               the
               11th
               in
               Mr.
               Keeble's
               Edition
               of
               the
               Statutes
               at
               large
               ,
               very
               full
               to
               this
               purpose
               ,
               to
               shew
               that
               the
               Act
               of
               26
               
                 H.
                 8.
                 cap.
              
               1.
               gave
               the
               King
               no
               new
               Title
               ,
               but
               only
               acknowledged
               ,
               that
               he
               ever
               had
               a
               Right
               to
               it
               ,
               and
               that
               the
               Bishop
               of
               Rome
               had
               but
               usurped
               it
               .
            
             
               And
               as
               the
               Act
               of
               26
               H.
               8.
               cap.
               1.
               gave
               the
               King
               no
               new
               Title
               ,
               so
               it
               gave
               him
               no
               new
               ,
               nor
               further
               Authority
               in
               Spiritual
               and
               Ecclesiastical
               things
               ,
               nor
               over
               Spiritual
               and
               Ecclesiastical
               Persons
               ,
               than
               what
               he
               had
               before
               .
            
             
               Therefore
               it
               is
               to
               be
               enquir'd
               what
               jurisdiction
               or
               Authority
               the
               King
               had
               before
               the
               making
               of
               that
               Act
               ,
               and
               how
               the
               Ecclesiastical
               Jurisdiction
               was
               of
               right
               and
               duly
               before
               exercis'd
               and
               administred
               .
               viz.
               in
               what
               Courts
               ,
               by
               what
               Rules
               ,
               Laws
               or
               Canons
               ,
               and
               by
               what
               Persons
               .
            
             
               It
               is
               clear
               in
               Law
               ,
               that
               the
               King
               himself
               merely
               in
               his
               own
               Royal
               Person
               could
               never
               take
               to
               himself
               the
               Hearing
               of
               any
               Cause
               Ecclesiastical
               or
               Temporal
               ,
               and
               adjudg
               and
               determine
               the
               Cause
               himself
               :
               For
               by
               the
               Law
               and
               Constitution
               of
               the
               Realm
               ,
               the
               King
               hath
               committed
               all
               his
               Power
               Judicial
               to
               divers
               *
               Courts
               ,
               some
               in
               one
               Court
               ,
               some
               in
               another
               ,
               as
               is
               held
               in
               Sir
               
                 Ed.
                 Cokes
                 2d
                 .
                 Institutes
                 fol.
              
               186.
               at
               the
               lower
               end
               of
               that
               folio
               ,
               and
               in
               the
               middle
               of
               fol.
               187.
               
               All
               Matters
               of
               Judicature
               and
               Proceedings
               in
               Law
               are
               distributed
               to
               the
               Courts
               of
               Justice
               ,
               and
               the
               King
               doth
               judg
               by
               his
               Justices
               .
               See
               the
               Reports
               that
               pass
               by
               the
               Name
               of
               Sir
               
                 Ed.
                 Cokes
                 12th
                 .
                 Reports
                 ,
                 fol.
              
               63.
               the
               Case
               of
               Prohibitions
               :
               Which
               is
               true
               as
               to
               *
               Ecclesiastical
               Causes
               as
               well
               as
               Temporal
               ;
               for
               every
               Man
               knows
               ,
               that
               there
               have
               been
               from
               the
               first
               Constitution
               of
               the
               Kingdom
               certain
               Courts
               and
               Jurisdictions
               erected
               within
               this
               Realm
               for
               deciding
               and
               determining
               of
               Spiritual
               and
               Ecclesiastical
               Causes
               .
               Selden's
               History
               of
               
                 Tithes
                 ,
                 fol.
              
               412.
               
            
             
               All
               this
               is
               excellently
               well
               set
               forth
               by
               the
               Preamble
               of
               the
               Statute
               of
               24
               H.
               8.
               
                 cap.
                 12.
                 concerning
                 Appeals
              
               .
               That
               as
               the
               King
               hath
               ever
               been
               the
               Supream
               Head
               of
               the
               Realm
               (
               which
               Word
               Head
               is
               by
               way
               of
               Metaphor
               ,
               and
               must
               have
               relation
               to
               some
               (
               
                 Body
                 ;
              
               )
               
               therefore
               the
               Statute
               in
               the
               Preamble
               proceeds
               to
               tell
               you
               ,
               what
               the
               Body
               is
               to
               which
               the
               Head
               relates
               ,
               viz.
               The
               Body
               Politick
               of
               the
               Realm
               consists
               of
               all
               sorts
               and
               degrees
               of
               People
               (
               within
               this
               Realm
               )
               divided
               by
               Names
               of
               Spiritualty
               and
               Temporalty
               .
               The
               Statute
               proceeds
               to
               mention
               the
               plenary
               Power
               ,
               Authority
               and
               Jurisdiction
               the
               King
               hath
               within
               this
               Realm
               in
               all
               Causes
               .
               It
               shews
               us
               how
               that
               Power
               is
               distributed
               ,
               and
               by
               whom
               to
               be
               exercised
               .
               Not
               by
               the
               King
               in
               Person
               ,
               nor
               at
               his
               Will
               and
               Pleasure
               in
               any
               arbitrary
               Way
               ;
               but
               as
               that
               Preamble
               further
               iustructs
               us
               ,
               *
               The
               Body
               Spiritual
               hath
               Power
               in
               all
               Causes
               Divine
               and
               Spiritual
               to
               determin
               and
               to
               administer
               all
               such
               Offices
               and
               Duties
               as
               to
               their
               rooms
               Spiritual
               doth
               appertain
               ;
               the
               like
               is
               declared
               as
               to
               Temporal
               Causes
               to
               be
               in
               the
               other
               Part
               of
               the
               said
               Body
               Politick
               ,
               call'd
               the
               Temporalty
               .
               And
               both
               their
               Authorities
               and
               Jurisdictions
               do
               concur
               in
               the
               due
               Administration
               of
               Justice
               ,
               the
               one
               to
               help
               the
               other
               .
            
             
               The
               Preamble
               of
               this
               
                 Stat.
                 of
              
               24
               H.
               8.
               c.
               12.
               of
               Appeals
               further
               shews
               ,
               how
               that
               this
               Ecclesiastical
               and
               Spiritual
               Jurisdiction
               ,
               had
               been
               confirmed
               and
               defended
               by
               several
               antient
               Acts
               of
               Parliament
               against
               the
               Usurpations
               of
               the
               Bishop
               of
               Rome
               (
               and
               that
               long
               before
               the
               Reformation
               of
               Religion
               .
               )
               Then
               comes
               the
               Enacting
               Part
               ,
               which
               does
               Ordain
               ,
               That
               all
               Causes
               determinable
               by
               any
               Spiritual
               Jurisdiction
               ,
               whether
               they
               concern
               the
               King
               himself
               (
               as
               the
               Case
               of
               the
               King's
               Divorce
               )
               or
               any
               of
               the
               Subjects
               ,
               shall
               be
               heard
               ,
               examined
               discussed
               ,
               clearly
               ,
               finally
               and
               definitively
               adjudged
               and
               determined
               ,
               within
               the
               Kings
               Jurisdiction
               and
               Authority
               ,
               and
               not
               elsewhere
               
                 in
                 such
              
               *
               
                 Courts
                 Spiritual
              
               and
               Temporal
               of
               the
               same
               ,
               as
               the
               nature
               of
               the
               Cases
               shall
               require
               .
            
             
               Then
               the
               same
               Statute
               shews
               us
               in
               what
               Courts
               ,
               and
               by
               what
               Steps
               and
               Method
               ,
               Suits
               and
               Proceedings
               concerning
               Spiritual
               and
               Ecclesiastical
               Matters
               ought
               to
               be
               handled
               ,
               
                 See
                 Paragraph
              
               5
               ,
               6
               ,
               7
               ,
               8
               ,
               9
               ,
               10.
               
               It
               begins
               with
               the
               Arch
               Deacon's
               Court
               ,
               which
               is
               
                 infimi
                 gradus
              
               ,
               and
               proceeds
               gradually
               from
               the
               Arch-Deacon
               to
               the
               Diocesan
               ,
               from
               him
               to
               the
               Metropolitan
               ,
               and
               at
               last
               it
               mentions
               the
               Convocation
               ,
               as
               the
               Supreamest
               .
            
             
               Note
               ,
               That
               further
               Appeals
               have
               been
               given
               by
               several
               Acts
               of
               Parliament
               ,
               as
               by
               25
               
                 H.
                 8
                 c
              
               19.
               from
               the
               Arch-Bishop
               or
               Metropolitan
               to
               the
               King
               in
               Chancery
               ,
               which
               is
               by
               Commission
               of
               
                 Delegates
                 ,
                 &c.
              
               
               And
               it
               hath
               been
               Resolved
               ,
               That
               though
               the
               Acts
               of
               24
               H.
               8.
               cap.
               12.
               and
               of
               25.
               
               
                 H.
                 8
                 cap.
              
               19.
               do
               upon
               certain
               Appeals
               ,
               make
               the
               Sentence
               definitive
               as
               to
               any
               further
               Appeal
               ,
               yet
               the
               King
               (
               as
               
                 Supream
                 Head
              
               )
               may
               grant
               a
               Commission
               of
               Review
               :
               See
               the
               Case
               of
               Halliwell
               against
               Jervois
               ,
               Sir
               
                 Francis
                 Moores
              
               Reports
               ,
               fol.
               462.
               and
               in
               the
               same
               Reports
               ,
               fol.
               782.
               in
               the
               Case
               of
               Bird
               against
               Smith
               ,
               and
               in
               Sir
               
                 Edw.
                 Cokes
                 4th
                 .
                 Institutes
                 ,
                 fol.
              
               341.
               
            
             
             
               And
               as
               the
               Kings
               Ecclesiastical
               Power
               and
               Jurisdiction
               are
               by
               the
               Fundamental
               Laws
               of
               the
               Realm
               distributed
               into
               several
               Courts
               ,
               which
               are
               mentioned
               and
               confirmed
               by
               the
               said
               several
               Acts
               of
               Parliament
               ,
               and
               may
               not
               therefore
               be
               exercised
               by
               any
               other
               ,
               but
               by
               such
               Courts
               ,
               and
               in
               such
               Method
               and
               Manner
               as
               by
               Law
               ,
               and
               the
               said
               Acts
               of
               Parliament
               it
               is
               provided
               :
               So
               also
               those
               Courts
               cannot
               proceed
               Arbitrarily
               ,
               but
               by
               the
               known
               and
               setled
               Ecclesiastical
               Laws
               ,
               Constitutions
               and
               Canons
               that
               are
               in
               force
               .
            
             
               By
               the
               Act
               of
               1.
               
               
                 Eliz.
                 cap.
              
               1.
               
               Entituled
               ,
               
                 An
                 Act
                 for
                 restoring
                 to
                 the
                 Crown
                 the
                 Antient
                 Jurisdiction
                 over
                 the
                 Estate
                 Ecclesiastical
                 and
                 Spiritual
                 ,
              
               &c.
               the
               seventeenth
               Paragraph
               in
               Keeble's
               Book
               of
               Statutes
               ,
               It
               is
               Enacted
               ,
               That
               such
               Jurisdictions
               ,
               &c.
               
               Spiritual
               and
               Ecclesiastical
               ,
               as
               by
               any
               Spiritual
               or
               Ecclesiastical
               Power
               or
               Authority
               hath
               heretofore
               been
               ,
               or
               may
               lawfully
               be
               ,
               exercised
               or
               used
               for
               the
               Visitation
               of
               the
               Ecclesiastical
               State
               and
               Persons
               ,
               and
               for
               Reformation
               ,
               Order
               and
               Correction
               of
               the
               same
               ,
               and
               of
               all
               manner
               of
               Errors
               ,
               &c.
               
               Abuses
               ,
               Offences
               ,
               Contempts
               and
               Enormities
               shall
               for
               ever
               by
               Authority
               of
               this
               Present
               Parliament
               be
               united
               to
               the
               Crown
               .
            
             
               By
               the
               
                 18th
                 .
                 Paragraph
              
               of
               that
               Act
               the
               Queen
               and
               her
               Successors
               have
               Power
               
                 by
                 vertue
                 of
                 this
                 Act
              
               ,
               
               by
               Letters
               Patents
               under
               the
               Great
               Seal
               ,
               to
               assign
               ,
               &c.
               (
               as
               often
               as
               they
               shall
               think
               meet
               and
               for
               such
               time
               )
               such
               Person
               or
               Persons
               ,
               as
               the
               Queen
               ,
               &c.
               shall
               think
               meet
               to
               exercise
               all
               manner
               of
               Jurisdictions
               Ecclesiastical
               or
               Spiritual
               ;
               and
               to
               Visit
               ,
               Reform
               ,
               Redress
               ,
               Order
               ,
               Correct
               and
               Amend
               all
               such
               Errors
               ,
               &c.
               
               Abuses
               ,
               Offences
               ,
               Contempts
               and
               Anormities
               whatsoever
               ,
               which
               by
               any
               manner
               of
               Spiritual
               or
               Ecclesiastical
               Power
               ,
               Authority
               or
               Jurisdiction
               can
               ,
               or
               lawfully
               may
               be
               ,
               Reformed
               ,
               Ordered
               ,
               Redressed
               ,
               Corrected
               ,
               Restrained
               or
               Amended
               ;
               and
               such
               Person
               or
               Persons
               so
               to
               be
               named
               ,
               &c.
               shall
               have
               full
               Power
               by
               vertue
               of
               this
               Act
               ,
               and
               of
               the
               said
               Letters
               Patents
               ,
               to
               exercise
               ,
               use
               and
               execute
               all
               the
               Premises
               according
               to
               the
               Tenor
               and
               Effect
               of
               the
               said
               Letters
               Patents
               .
            
             
               See
               Sir
               Edw.
               Cokes
               4.
               
               Inst.
               
                 in
                 his
                 Chapter
                 of
                 Ecclesiastical
                 Courts
                 ,
              
               fol.
               324
               ,
               325.
               
                 and
                 see
                 the
              
               3d.
               Observ.
               fol.
               326.
               
                 observe
                 the
                 Words
              
               ,
               viz.
               It
               was
               Enacted
               out
               of
               necessity
               ,
               
                 &c.
                 and
                 ibid.
              
               Necessity
               did
               cause
               this
               Commission
               ,
               and
               it
               was
               not
               to
               be
               Exercis'd
               ,
               but
               upon
               necessity
               ;
               for
               it
               was
               never
               intended
               ,
               That
               it
               should
               be
               a
               continual
               standing
               Commission
               ,
               &c.
               
            
             
               That
               the
               main
               Object
               of
               that
               Act
               was
               to
               deprive
               the
               Popish
               Clergy
               .
               Almere's
               Case
               ,
               and
               Taylor
               and
               Massie's
               Case
               ,
               left
               to
               the
               proper
               Diocesan
               .
            
             
             
               Upon
               the
               last
               recited
               Clause
               in
               that
               of
               1.
               
               Eliz.
               was
               grounded
               the
               late
               Court
               call'd
               ,
               
                 The
                 High
                 Commission
                 Court
              
               :
               From
               which
               Act
               it
               may
               be
               observed
               and
               collected
               ,
               That
               it
               needed
               an
               Act
               of
               Parliament
               to
               give
               such
               Authority
               to
               the
               Queen
               to
               grant
               such
               Letters
               Patents
               ,
               or
               Commission
               ;
               and
               that
               without
               an
               Act
               of
               Parliament
               such
               Commission
               could
               not
               have
               been
               granted
               :
               For
               if
               the
               Queen
               by
               her
               meer
               Prerogative
               and
               Supream
               Power
               in
               Ecclesiastical
               Causes
               could
               have
               granted
               such
               Commission
               an
               Act
               of
               Parliament
               had
               been
               unnecessary
               .
               And
               the
               express
               Words
               of
               the
               Act
               are
               ,
               That
               the
               Queen
               ,
               &c.
               shall
               have
               power
               ,
               
                 (
                 by
                 vertue
                 of
                 this
                 Act
                 )
              
               and
               the
               Law
               had
               (
               as
               hath
               been
               before
               observ'd
               )
               distributed
               the
               Kings
               Ecclesiastical
               Power
               and
               Jurisdiction
               into
               several
               Courts
               :
               So
               that
               ,
               
                 without
                 a
                 new
                 Law
              
               ,
               the
               like
               Power
               could
               not
               be
               put
               into
               any
               other
               hands
               in
               Derogation
               of
               those
               ordinary
               Ecclesiastical
               Courts
               .
            
             
               
                 Secondly
                 ,
                 Note
              
               ,
               This
               Act
               makes
               no
               new
               Crimes
               nor
               Offences
               ,
               but
               gives
               the
               Commissioners
               or
               Patentees
               Power
               to
               Visit
               ,
               Reform
               ,
               Redress
               ,
               &c.
               all
               such
               Errors
               ,
               &c.
               
               Abuses
               ,
               Offences
               ,
               Contempts
               and
               Enormities
               ,
               which
               by
               any
               manner
               of
               Spiritual
               or
               Ecclesiastical
               Power
               can
               ,
               or
               lawfully
               may
               be
               ,
               Reformed
               ,
               Redressed
               ,
               Corrected
               ,
               &c.
               
            
             
               In
               Sir
               
                 Edw.
                 Cokes
                 12
                 Rep.
                 fol.
              
               49
               :
               It
               was
               Resolved
               ,
               
                 Trin.
                 6.
                 
                 Jae
                 .
                 Per
                 totam
                 Curiam
                 ,
              
               in
               the
               Court
               of
               Common-Pleas
               (
               there
               being
               then
               Five
               Judges
               of
               that
               Court
               ,
               Coke
               being
               Chief
               Justice
               )
               That
               the
               High
               Commissioners
               by
               vertue
               of
               their
               Commission
               ,
               and
               that
               Act
               of
               Parliament
               ,
               ought
               to
               proceed
               according
               to
               Ecclesiastical
               Law.
               Secondly
               ,
               If
               their
               Commission
               gave
               them
               any
               Power
               ,
               which
               was
               not
               allowed
               or
               warranted
               by
               that
               Act
               of
               Parliament
               ,
               it
               was
               not
               Legal
               (
               which
               proves
               that
               such
               Power
               cannot
               be
               exercis'd
               by
               a
               Commission
               under
               the
               Great
               Seal
               merely
               ,
               without
               an
               Act
               of
               Parliament
               )
               See
               Drakes
               Case
               in
               Justice
               Croke's
               Reports
               of
               the
               time
               of
               King
               
                 Charles
                 ,
                 fol.
              
               220.
               
            
             
               There
               it
               is
               also
               Resolv'd
               ,
               That
               the
               King
               by
               his
               Commissioners
               cannot
               alter
               the
               Ecclesiastical
               Law
               ,
               
                 nor
                 the
                 Proceedings
                 of
                 ☞
                 it
                 .
              
            
             
               And
               if
               the
               Word
               
                 (
                 Lawfully
              
               )
               had
               not
               been
               in
               that
               Act
               of
               1.
               
               Eliz.
               yet
               it
               must
               have
               been
               so
               intended
               ,
               and
               the
               Judges
               of
               the
               Common
               Law
               (
               who
               are
               proper
               Judges
               ,
               Expositors
               and
               Interpreters
               of
               Acts
               of
               Parliament
               )
               would
               have
               so
               understood
               it
               ;
               as
               appears
               by
               the
               Resolution
               of
               the
               Judges
               in
               the
               Case
               in
               the
               same
               12.
               
               Rep.
               of
               the
               Lord
               
                 Coke
                 ,
                 fol.
              
               84
               ,
               85.
               and
               little
               regard
               therefore
               was
               given
               by
               the
               Judges
               to
               Commissions
               under
               the
               Great
               Seal
               ,
               which
               the
               Arch
               Bishop
               of
               
                 Canterbury
                 (
                 Abbot
              
               )
               said
               ,
               had
               been
               made
               in
               like
               Cases
               in
               the
               Times
               of
               King
               Hen.
               VIII
               .
               and
               Ed.
               VI.
               
            
             
             
               In
               the
               last
               Case
               ,
               
                 ibidem
                 fol.
              
               85.
               the
               Chief
               Justice
               Coke
               says
               ,
               He
               had
               seen
               the
               Commission
               made
               to
               Cromwell
               (
               by
               King
               Hen.
               VIII
               .
               )
               to
               be
               Vice-gerent
               ,
               and
               other
               Commissions
               to
               others
               (
               by
               his
               appointment
               )
               and
               he
               refers
               to
               the
               Commission
               at
               large
               inserted
               in
               his
               Book
               of
               Precedents
               .
            
             
               See
               in
               the
               same
               12.
               
               Rep.
               of
               Sir
               
                 Edw.
                 Coke
                 ,
                 f.
              
               88.
               
               Excellent
               Rules
               to
               be
               observ'd
               upon
               such
               extraordinary
               Commissions
               ,
               viz.
               They
               ought
               to
               be
               solemnly
               read
               ;
               for
               they
               may
               possibly
               contain
               many
               things
               against
               the
               Law
               (
               as
               the
               Commission
               in
               that
               Case
               mentioned
               did
               .
               )
               The
               Commissioners
               may
               every
               one
               of
               them
               require
               Copies
               of
               the
               Commission
               :
               The
               Commissioners
               ought
               to
               Sit
               in
               an
               open
               Place
               ,
               and
               at
               certain
               Days
               .
            
             
               Note
               also
               ,
               That
               such
               Commissions
               ought
               not
               to
               be
               kept
               secret
               ,
               but
               they
               ought
               to
               be
               Enrolled
               in
               the
               Chancery
               ,
               That
               the
               Subjects
               may
               be
               under
               a
               known
               Authority
               .
               See
               Sir
               Coke's
               4.
               
               
                 Instit.
                 fol.
              
               332.
               the
               middle
               of
               that
               fol.
               And
               upon
               irregular
               and
               illegal
               Commissions
               in
               Ecclesiastical
               Causes
               ,
               the
               Remedy
               is
               by
               Prohibition
               out
               of
               the
               Courts
               at
               Westminster
               .
            
             
               In
               the
               same
               4
               
                 Instit.
                 fol.
              
               340.
               the
               Author
               hath
               this
               Note
               .
               Nota
               ,
               
               
                 Stephen
                 Gardiner
              
               Bishop
               of
               Winchester
               was
               depriv'd
               at
               Lambeth
               by
               Commission
               from
               King
               Edward
               the
               VI.
               made
               to
               Ten
               Persons
               ,
               proceeding
               upon
               it
               ,
               
                 ex
                 Officio
                 mero
                 mixto
                 vel
                 promoto
                 omni
                 appellatione
                 remotâ
                 ,
                 summarie
                 de
                 plano
                 ,
                 absque
                 omni
                 forma
                 &
                 figura
                 Judicii
                 sola
                 Facti
                 Veritate
                 inspecta
                 :
              
               The
               Author
               passes
               no
               Opinion
               upon
               it
               .
               Quaere
               ,
               by
               what
               Law
               this
               was
               warranted
               .
               It
               must
               be
               rare
               and
               extraordinary
               ,
               otherwise
               Sir
               
                 Edw.
                 Coke
              
               would
               not
               have
               so
               specially
               mention'd
               it
               ,
               but
               
                 a
                 Facto
                 ad
                 Jus
                 non
                 valet
                 Argumentum
                 .
              
            
             
               Note
               ,
               That
               part
               of
               the
               Act
               of
               1
               
                 Eliz.
                 viz.
              
               the
               
                 18th
                 .
                 Paragraph
              
               (
               before
               verbatim
               transcribed
               )
               viz.
               of
               the
               Queen
               Eliz.
               and
               her
               Successors
               granting
               such
               Letters
               Patents
               or
               Commissions
               in
               Ecclesiastical
               Causes
               ,
               is
               repealed
               by
               the
               Act
               made
               16
               
                 Car.
                 1.
                 cap.
              
               11.
               
               See
               it
               in
               Mr.
               Keeble's
               Book
               of
               Statutes
               at
               large
               .
               See
               the
               last
               Paragr
               .
               or
               Clause
               in
               that
               Act
               of
               Repeal
               of
               16
               Car.
               1.
               
               It
               is
               Enacted
               ,
               That
               
                 no
                 new
                 Court
                 shall
                 be
                 erected
                 or
                 appointed
                 ,
              
               which
               shall
               have
               
                 The
                 like
                 Power
              
               or
               Jurisdiction
               ,
               as
               the
               High
               Commissioners
               had
               or
               pretended
               to
               have
               ;
               but
               that
               all
               such
               
                 Letters
                 Patents
                 ,
                 Commissions
              
               and
               Grants
               ,
               and
               all
               Powers
               and
               Authorities
               thereby
               granted
               ,
               and
               all
               Acts
               ,
               Sentences
               and
               Decrees
               to
               be
               made
               by
               vertue
               or
               colour
               of
               them
               shall
               be
               Void
               .
            
             
               Note
               ,
               The
               late
               Act
               of
               13
               
                 Car.
                 2.
                 cap.
              
               12.
               in
               Mr.
               Keeble's
               Book
               of
               Statutes
               ,
               does
               declare
               that
               the
               Ordinary
               Power
               of
               Arch-Bishops
               and
               Bishops
               was
               not
               taken
               away
               by
               that
               Repealing
               Act
               of
               17
               
                 Car.
                 1.
                 cap.
              
               11.
               (
               as
               this
               last
               Act
               dates
               it
               .
               )
            
             
             
               But
               by
               this
               Act
               of
               13
               
                 Car.
                 2.
                 cap.
              
               12.
               in
               the
               second
               Paragraph
               .
               The
               aforesaid
               Repealing
               Act
               of
               17
               Car.
               1.
               and
               all
               the
               Matters
               and
               Clauses
               therein
               contained
               (
               excepting
               what
               concerns
               the
               High
               Commission
               Court
               ;
               or
               ,
               
                 the
                 new
                 Erection
                 of
                 some
                 such
                 like
                 Court
                 by
                 Commission
                 )
              
               are
               Repealed
               .
               See
               the
               third
               Paragraph
               also
               of
               the
               Act
               of
               13.
               
               Car.
               2.
               
               That
               the
               
                 High
                 Commission
                 Court
              
               shall
               not
               be
               Revived
               .
            
             
               So
               that
               I
               conceive
               ,
               no
               such
               Commission
               nor
               Letters
               Patents
               can
               now
               be
               granted
               ,
               but
               the
               Repealing
               Act
               of
               16
               ,
               or
               17
               Car.
               1.
               stands
               in
               force
               against
               it
               .
            
             
               By
               what
               Law
               or
               Rules
               Cromwell
               in
               the
               Time
               of
               King
               Henry
               VIII
               .
               and
               by
               what
               Instructions
               he
               acted
               ,
               does
               not
               appear
               ;
               the
               Commissions
               to
               make
               him
               
                 Vicar
                 General
              
               (
               which
               was
               surely
               in
               Imitation
               of
               what
               had
               been
               used
               by
               the
               Pope
               in
               the
               time
               of
               his
               Usurpation
               )
               or
               that
               of
               Vice-gerent
               in
               Ecclesiastical
               Matters
               (
               which
               seems
               to
               be
               new
               and
               
                 prime
                 Impressionis
              
               )
               are
               not
               now
               to
               be
               found
               ,
               of
               which
               Dr.
               Burnet
               in
               the
               History
               of
               the
               
                 Reformation
                 of
                 the
                 Church
                 of
                 England
                 ,
              
               
               makes
               some
               probable
               conjectures
               ,
               fol.
               181.
               and
               wherein
               consisted
               the
               difference
               between
               those
               two
               Authorities
               and
               Titles
               ,
               and
               the
               Commissions
               for
               the
               exercise
               of
               them
               is
               not
               easy
               to
               find
               out
               :
               But
               the
               thing
               then
               principally
               design'd
               was
               to
               suppress
               the
               religious
               Houses
               belonging
               to
               the
               regular
               Clergy
               ,
               which
               were
               great
               Supports
               to
               the
               Popish
               Hierarchy
               ,
               not
               at
               all
               to
               impeach
               the
               Lawful
               Power
               and
               Jurisdiction
               of
               Episcopacy
               ;
               for
               we
               find
               at
               the
               same
               time
               as
               Cromwell's
               Commissions
               were
               in
               force
               ,
               and
               had
               been
               then
               but
               newly
               passed
               ,
               That
               Cranmer
               Arch-Bishop
               of
               ▪
               Canterbury
               ,
               made
               his
               Metropolitical
               Visitation
               ;
               under
               which
               (
               as
               I
               conceive
               )
               most
               properly
               falls
               the
               Conusance
               of
               any
               contempt
               or
               abuse
               committed
               by
               any
               of
               his
               Suffragan
               Bishops
               ;
               if
               not
               in
               a
               *
               Provincial
               Synod
               ,
               
                 Archiepiscopi
                 Jurisdictioni
                 subsunt
                 immediate
                 suffraganti
              
               .
               See
               
                 Lind.
                 Provin
              
               .
            
             
               The
               exclusion
               of
               the
               Pope
               in
               the
               Time
               of
               King
               Hen.
               VIII
               .
               made
               no
               diminution
               of
               the
               Power
               or
               Jurisdiction
               of
               the
               Clergy
               ,
               as
               to
               determining
               of
               Ecclesiastical
               Causes
               ,
               or
               making
               Canons
               ,
               Constitutions
               and
               other
               Synodical
               Acts
               ,
               as
               is
               rightly
               observ'd
               by
               Dr.
               Heylin
               in
               his
               Introduction
               to
               the
               History
               of
               Laud
               late
               Arch-Bishop
               of
               Canterbury
               ;
               upon
               this
               ground
               it
               is
               ,
               that
               to
               this
               day
               they
               exercise
               all
               manner
               of
               Ecclesiastical
               Jurisdiction
               in
               their
               own
               Names
               ,
               and
               under
               the
               distinct
               Seals
               of
               their
               Offices
               ,
               the
               Statutes
               that
               made
               some
               Alteration
               in
               the
               matter
               being
               all
               repealed
               :
               See
               Dr.
               Heylin's
               Introduct
               .
               aforesaid
               ,
               
                 ibid.
                 fol.
              
               341.
               
            
             
               The
               Legislative
               Power
               in
               Matters
               Ecclesiastical
               continues
               in
               the
               Convocation
               for
               making
               Canons
               and
               Constitutions
               confirmed
               by
               the
               King
               and
               Parliament
               ;
               Discipline
               and
               the
               Admonition
               still
               resides
               in
               the
               Bishops
               and
               those
               under
               them
               .
            
             
             
               In
               Case
               of
               any
               Irregularity
               in
               the
               Metropolitan
               ,
               Resort
               must
               doubtless
               be
               to
               the
               Head
               of
               the
               Church
               upon
               Earth
               (
               the
               King
               )
               as
               it
               was
               in
               the
               Case
               of
               Arch-Bishop
               Abbot
               ,
               who
               shooting
               at
               a
               Deer
               unfortunately
               kill'd
               the
               Keeper
               ;
               and
               his
               Jurisdiction
               (
               he
               being
               suspended
               )
               was
               supplyed
               by
               Commission
               ,
               as
               you
               may
               read
               in
               Dr.
               Heylin
               of
               the
               Life
               of
               Arch-Bishop
               Laud
               ,
               in
               the
               
                 87th
                 fol.
              
               of
               the
               Book
               it self
               ,
               but
               more
               fully
               ,
               fol.
               170.
               
            
             
               The
               Bishop
               of
               London
               is
               next
               in
               Place
               and
               Dignity
               to
               the
               Metropolitans
               ,
               see
               his
               Priviledges
               ,
               ibid.
               185.
               
            
             
               See
               Dr.
               Heylin's
               Judgment
               in
               the
               Work
               of
               Reforming
               the
               Church
               ,
               either
               in
               Doctrine
               or
               Exercise
               of
               the
               Discipline
               ,
               pertinent
               to
               the
               Matter
               now
               in
               hand
               ,
               but
               in
               Point
               of
               Law
               it
               would
               be
               no
               very
               difficult
               thing
               to
               discover
               him
               to
               be
               mistaken
               ,
               fol.
               327.
               
            
             
               See
               the
               Power
               of
               the
               Metropolitan
               ,
               and
               of
               the
               Appeal
               from
               him
               to
               a
               Provincial
               Synod
               ,
               and
               a
               Stop
               put
               there
               ,
               and
               a
               
                 ne
                 ultra
              
               ,
               and
               that
               there
               is
               no
               Vicar
               upon
               Earth
               appointed
               to
               be
               the
               Supream
               Judge
               in
               
                 Ecclesiastical
                 Matters
              
               in
               the
               Opinion
               of
               the
               Council
               of
               Nice
               ,
               discours'd
               of
               by
               Dr.
               
                 Stilling
                 fleet
              
               in
               his
               Antiquities
               of
               the
               
                 British
                 Churches
                 ,
                 fol.
              
               100.
               but
               still
               it
               must
               be
               understood
               ,
               that
               this
               fixed
               Power
               in
               the
               
                 Ecclesiastical
                 Judges
              
               and
               Courts
               in
               England
               ,
               is
               deriv'd
               from
               the
               Crown
               ;
               but
               now
               under
               the
               Crown
               setled
               in
               this
               Method
               not
               to
               be
               interrupted
               ;
               this
               is
               quoad
               *
               
                 Potestatem
                 Jurisdictionis
                 non
                 Ordinis
              
               .
            
             
               FINIS
               .
            
             
          
        
      
    
     
       
         Notes, typically marginal, from the original text
         
           Notes for div A26144-e1160
           
             Introduction
             .
          
           
             Time
             and
             Place
             not
             material
             ,
             unless
             the
             Defendant
             make
             them
             so
             ,
             by
             his
             Plea
             ,
             (
             as
             here
             .
             )
          
           
             Plea.
             
          
           
             Conclusion
             of
             the
             Plea.
             
          
           
             Three
             Points
             
          
           
             First
             Point
             .
          
           
             First
             Proposition
             .
          
           
             Reason
             
          
           
             Authority
             .
          
           
             The
             Town-Clerk
             of
             Athens
             .
          
           
             The
             Party
             to
             a
             Suit.
             
          
           
             Lord
             Beauch
             .
             Case
             .
          
           
             A
             Difference
             .
          
           
             Councellor
             .
          
           
             Attorney
             .
          
           
             Witness
             ,
          
           
             Juror
             .
          
           
             Justa
             occasio
             lequendi
             .
          
           
             The
             Minor
             Proposition
             .
          
           
             The
             Commons
             ,
             as
             now
             elected
             ,
             have
             ever
             been
             a
             part
             of
             the
             Parliament
             .
          
           
             
               Dr.
               Heylin
            
             in
             the
             Life
             of
             Archbishop
             Laud.
             
          
           
             Sir
             Rob.
             Filmer
             .
          
           
             Dugd.
             in
             his
             Orig.
             Juridic
             .
             Mr.
             Pryn
             in
             his
             Preface
             to
             Sir
             Rob.
             
          
           
             Cotton's
             Abr.
             (
             as
             he
             conjectures
             )
             .
          
           
             Dr.
             Manwaring
             .
          
           
             Pryns
             Plea
             for
             the
             Lords
             ●5●
             .
          
           
             King
             Charles
             the
             Second
             .
          
           
             Fol.
             32.
             
          
           
             Fol.
             223.
             of
             his
             Works
             .
          
           
             The
             Commons
             as
             now
             constituted
             ,
             began
             before
             49
             H.
             3.
             
          
           
             Rushw.
             Hist.
             Collec
             .
             
               Part
               1.
               fol.
            
             52.
             
          
           
             Proof
             that
             the
             House
             of
             Commons
             have
             ever
             been
             a
             part
             of
             the
             Parl.
             
          
           
             In
             his
             Pref.
             to
             his
             10th
             .
             Rep.
             
          
           
             Proof
             by
             Records
             of
             Parliament
             .
          
           
             51
             E.
             3.
             
          
           
             5
             H.
             4.
             nu
             .
             71.
             
          
           
             5
             
               H.
               4.
               na
            
             .
             74.
             
          
           
             Mr.
             
               Pryn
               ,
               ut
               supra
            
             ,
             fo
             .
             771.
             
          
           
             Addresses
             to
             the
             King
             ought
             to
             be
             with
             Reverence
             .
          
           
             ●1
             H.
             6.
             
             Thorpes
             Case
             .
          
           
             Ex●hequor
             Records
             .
          
           
             H.
             12.
             
             E.
             4.
             
               in
               the
            
             Exchequer
             .
          
           
             E.
             2.
             
             S.
             Albans
             .
          
           
             11
             H.
             4.
             num
             .
             59.
             
          
           
             Proof
             by
             Acts
             of
             Parliament
             .
             5
             
               R.
               2.
               
               Parl.
               2.
               
               C.
            
             4.
             
          
           
             2
             H.
             5.
             pars
             2da
             .
             Numb
             .
             10.
             
          
           
             Historians
             and
             Antiquaries
             .
          
           
             Et
             Populi
             Conventus
             .
          
           
             
               Seld.
               Tit.
               of
               Hon.
               pag.
            
             702.
             in
             a
             Case
             between
             the
             Arch-Bishop
             of
             York
             ,
             and
             the
             Bishop
             of
             
               Worc.
               Mag.
               Char.
               9
               H.
            
             3.
             
          
           
             Object
             .
             1.
             
          
           
             Fol.
             709.
             
          
           
             The
             Ancientest
             Writ
             of
             Summons
             ,
             that
             Mr.
             Selden
             had
             seen
             for
             a
             Peer
             ,
             was
             but
             6
             
               Johannis
               .
               Tit.
               of
               Hon.
            
             707
             ,
             708.
             
          
           
             Mr.
             Pryn's
             Plea
             for
             the
             Lords
             ,
             fol.
             113.
             but
             mis-paged
             .
          
           
             2.
             
             Object
             .
          
           
             49
             H.
             3.
             
          
           
             28
             E.
             1.
             
          
           
             35
             E.
             1.
             
          
           
             15
             E.
             2.
             
          
           
             31
             E.
             3.
             
          
           
             18
             E.
             2.
             
          
           
             18
             E.
             3.
             
          
           
             26
             E.
             3.
             
          
           
             1
             H.
             5.
             the
             Indenture
             return'd
             by
             the
             Sheriff
             of
             Wiltshire
             ,
             recites
             their
             trust
             in
             the
             same
             words
             ,
             and
             pursues
             the
             words
             of
             the
             Writ
             .
          
           
             2
             H.
             4.
             25
             
             H.
             6.
             16
             
             E.
             2.
             27
             
             H.
             6.
             
          
           
             Object
             .
          
           
             Pennings
             of
             Ancient
             Acts
             of
             Parliament
             .
          
           
             Petitions
             for
             Freedom
             of
             Speech
             ,
             &c.
             
          
           
             Tit.
             of
             Honout
             Fol.
             603
             ,
             604.
             
          
           
             Fol.
             603.
             
          
           
             Fol.
             176.
             
          
           
             The
             Freeholders
             grand
             Enquest
             .
             fol.
             40.
             
             &
             41.
             
          
           
             28
             E.
             1.
             c.
             8.
             
             &
             13.
             
             Elect.
             of
             Sheriffs
             .
          
           
             The
             late
             E.
             of
             Clarend
             .
             in
             his
             Answ.
             to
             Hobs.
             
          
           
             Petition
             of
             Right
             3
             Car.
             1.
             
          
           
             Stat.
             of
             Provisors
             25
             E.
             3.
             
          
           
             Mr.
             Pryn's
             Plea
             for
             the
             Lords
             ,
             389
             ,
             390.
             
          
           
             All
             three
             Estates
             one
             entire
             Body
             and
             Corporation
             .
          
           
             14
             H.
             8
             ,
             3.
             
             
               Fineux
               Ch.
               Just.
            
             
          
           
             Ferrer
             '
             
               s
               Case
            
             ,
             Crompt
             .
             Jurisd
             .
          
           
             Sir
             
               Pierce
               de
               la
               Mare
            
             .
          
           
             This
             is
             contradicted
             by
             Mr.
             Pryn
             ,
             in
             his
             Preface
             to
             Sir
             Cotton's
             
               Abr.
               fol.
            
             5
             ,
             6.
             
          
           
             The
             Powers
             of
             Parliament
             .
          
           
             Of
             the
             Power
             and
             Jurisdiiction
             of
             the
             Parliament
             .
          
           
             Nothing
             acted
             in
             this
             present
             Case
             ,
             but
             what
             is
             within
             their
             Power
             .
          
           
             The
             House
             of
             Commons
             the
             Grand
             Inquest
             of
             the
             Nation
             .
          
           
             The
             printing
             Dangerfield's
             Information
             .
          
           
             46
             
               E.
               3.
               
               C.
            
             Search
             of
             Records
             must
             be
             Free.
             
          
           
             See
             the
             1
             
               st
               .
               St.
            
             in
             such
             Cases
             of
             Reporting
             false
             News
             ,
             
               viz.
               W.
               1.
               
               C.
            
             34.
             the
             Reporter
             is
             only
             to
             be
             imprison'd
             till
             he
             have
             found
             out
             him
             of
             whom
             the
             word
             was
             moved
             .
             So
             is
             2
             
               R.
               2.
               
               C.
            
             5.
             the
             Stat.
             
               de
               Scandalis
               Magnatum
            
             .
             So
             is
             12
             
               R.
               2.
               c.
               11.
               
               Dier
            
             155.
             
          
           
             The
             Lady
             Morirsons
             Case
             
               Crok
               ..
            
             162.
             but
             more
             fully
             in
             Marshes
             Actions
             of
             Slander
             .
             fol.
             19.
             20.
             
             If
             an
             action
             of
             Slander
             be
             brought
             for
             Reporting
             what
             another
             had
             said
             Slanderously
             ,
             the
             Pl.
             in
             his
             Declaration
             must
             aver
             that
             A.
             did
             never
             so
             report
             :
             the
             Defendant
             may
             Plead
             that
             in
             truth
             A.
             did
             so
             report
             ,
             and
             it
             is
             a
             good
             Plea
             ,
             by
             
               Tanfield
               .
               Leonards
               Rep.
               1.
               
               P.
            
             287.
             in
             an
             Indictment
             upon
             the
             Stat.
             of
             
               W.
               1.
               
               C.
            
             33.
             and
             2
             
               R.
               2.
               c.
            
             5.
             for
             reporting
             false
             News
             ,
             it
             was
             found
             
               billa
               vera
            
             as
             to
             the
             Defendant's
             reporting
             the
             false
             News
             ,
             but
             as
             to
             the
             
               maliciose
               &
               seditiose
               ,
               Ignoramus
            
             ,
             and
             the
             Defendant
             therefore
             ,
             discharg'd
             .
          
           
             The
             Persons
             too
             great
             to
             be
             so
             used
             .
          
           
             John
             ,
             
               Earl
               of
            
             Moreton
             .
          
           
             So
             called
             1
             
               Eliz
               C.
               3.
               4.
               
               H.
               8.
               c.
            
             8.
             the
             House
             of
             Commons
             call'd
             the
             
               Honourable
               House
            
             in
             the
             Petit.
             of
             
               Rich.
               Strode
            
             ,
             which
             is
             part
             of
             the
             Act.
             
          
           
             2d
             .
             Point
             .
          
           
             Mr.
             
               Pryn
               E
               Contra
            
             in
             his
             Preface
             to
             Sir
             
               Rob.
               Cot.
               Abr.
            
             but
             nothing
             clear
             .
          
           
             1
             ●ac
             .
             c.
             1.
             
             
               The
               like
               words
            
             .
          
           
             Fol.
             72.
             
             Med.
             
          
           
             Mr.
             Pryn.
             ibid.
             388.
             
          
           
             A
             Resolve
             of
             all
             the
             Judges
             in
             the
             point
             .
          
           
             Sir
             Rob.
             Cott.
             
               Abr.
               pag.
            
             651.
             
          
           
             Mr.
             Pryn
             ,
             in
             his
             Plea
             for
             the
             Lords
             ,
             calls
             this
             a
             famous
             ,
             memorable
             Case
             ,
             and
             says
             he
             was
             then
             ch
             .
             Baron
             .
          
           
             A
             second
             Resolution
             of
             all
             the
             Judges
             in
             the
             point
             .
          
           
             A
             Protestation
             of
             the
             Commons
             against
             Impeachments
             ,
             other
             than
             in
             the
             House
             ,
             &c.
             
          
           
             The
             like
             Claim
             of
             the
             Lords
             ,
             and
             confirm'd
             by
             Act.
             
          
           
             An
             Act
             of
             Parliament
             in
             the
             point
             .
          
           
             Pryn's
             Plea
             for
             the
             Lords
             ,
             fol.
             401
             at
             large
             .
          
           
             4
             H.
             8.
             c.
             8.
             
          
           
             Memorials
             of
             the
             English
             Affairs
             ,
             fol.
             12.
             
          
           
             See
             Rushw.
             Collect.
             
          
           
             1
             part
             pag.
             672.
             
             Appendix
             to
             it
             pag.
             44.
             
          
           
             The
             Resolution
             of
             the
             Commons
             in
             Irewinnard's
             Case
             is
             called
             the
             Judgment
             of
             the
             most
             high
             Court
             of
             Parliament
             .
             If
             it
             had
             been
             clear
             that
             the
             King's-Bench
             could
             have
             punished
             it
             ,
             they
             would
             have
             begun
             with
             it
             there
             ,
             but
             they
             try'd
             the
             Council
             and
             the
             Star-Chamber
             first
             .
          
           
             King
             Charles
             the
             Second
             .
          
           
             Fol.
             15.
             
          
           
             ●
             Iust.
             fol.
             17.
             
          
        
         
           Notes for div A26144-e22910
           
             26
             H.
             8.
             c.
             1.
             
          
           
             *
             Sir
             Hen.
             Heb●i
             '
             
               s
               Reports
            
             f.
             63.
             
             
               It
               is
               said
               by
               the
               Judges
               of
               the
            
             Common-Pleas
             ,
             That
             the
             Power
             of
             Justice
             is
             in
             the
             King
             as
             Sovereign
             originally
             ,
             but
             afterwards
             setled
             in
             several
             Courts
             ,
             as
             the
             Light
             being
             first
             made
             by
             God
             ,
             was
             after
             setled
             in
             the
             great
             Bodies
             of
             the
             Sun
             and
             Moon
             .
             
               And
               Sir
            
             E.
             〈◊〉
             4
             Inst.
             f.
             70.
             
               in
               the
            
             Chapter
             
               of
               the
            
             Court
             of
             Kings-Bench
             ,
             
               to
               the
               same
               effect
            
             .
          
           
             *
             See
             the
             Original
             of
             Bishops
             Courts
             and
             Jurisdictions
             severed
             from
             the
             Hundred
             Court
             distinct
             from
             Provincial
             and
             national
             Synods
             ,
             and
             that
             there
             were
             then
             Ecclesiastical
             Laws
             ,
             the
             Chartter
             of
             K.
             William
             he
             1st
             .
             to
             Remigius
             then
             Bishop
             of
             Linc.
             Mr.
             Selden's
             Notes
             
               ad
               Eadmerum
            
             f.
             167.
             
          
           
             *
             Sir
             
               Ed.
               Cokes
            
             5.
             
             Rep.
             The
             Case
             of
             the
             Kings
             Ecclesiastical
             Law
             ,
             f.
             40.
             
          
           
             *
             Not
             by
             extraordinary
             Commissions
             at
             the
             first
             instance
             ,
             but
             only
             gradually
             
               upon
               Appeales
            
             Sir
             
               John
               Davies
            
             Reports
             fol.
             91.
             the
             Case
             of
             
               Premunire
               4.
               
               Inst.
            
             339.
             of
             Appeals
             .
          
           
             This
             Statute
             was
             the
             ground
             for
             Commissions
             to
             hear
             and
             determine
             Spiritual
             Causes
             
               ad
               primam
               Instanti●m
            
             .
          
           
             ☞
             4.
             
             Inst.
             340.
             
          
           
             Dr.
             Burnet's
             Hist.
             of
             the
             Reformation
             ,
             183.
             
               med
               .
               folii
            
             .
          
           
             *
             See
             Dr.
             Field
             of
             the
             Church
             ,
             fol.
             511
             ,
             512.
             
             The
             antient
             Canon
             requires
             the
             consent
             of
             12
             ,
             Bishops
             to
             censure
             ,
             judge
             and
             depose
             a
             Bishop
             .
          
           
             *
             See
             Mr.
             Bagshaw's
             Arguments
             in
             Parliament
             against
             the
             Canons
             made
             by
             the
             Convocation
             ,
             1640
             fol.
             19.