A plea for the pardoning part of the soveraignty of the kings of England
         Philipps, Fabian, 1601-1690.
      
       
         
           1682
        
      
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             A plea for the pardoning part of the soveraignty of the kings of England
             Philipps, Fabian, 1601-1690.
          
           [2], 68 p.
           
             Printed by H. H. for John Fish ...,
             London :
             1682.
          
           
             Attributed to Fabian Philipps. Cf. BM.
             Reproduction of original in Huntington Library.
          
        
      
    
     
       
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         eng
      
       
         
           Great Britain -- Kings and rulers.
        
      
    
     
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           A
           PLEA
           FOR
           THE
           Pardoning
           Part
           OF
           THE
           SOVERAIGNTY
           OF
           THE
           KINGS
           OF
           ENGLAND
           .
        
         
           LONDON
           ,
           Printed
           by
           
             H.
             H.
          
           for
           
             John
             Fish
          
           ,
           near
           the
           Golden-Tun
           ,
           in
           the
           Strand
           ,
           1682.
           
        
      
    
     
       
         
         
         
           A
           PLEA
           for
           the
           Pardoning
           Part
           of
           the
           Soveraignty
           of
           the
           Kings
           of
           England
           .
        
         
           IF
           Monarchy
           hath
           been
           by
           God
           himself
           ,
           and
           the
           experience
           of
           above
           5000
           years
           and
           the
           longest
           Ages
           of
           the
           World
           approved
           (
           as
           it
           hath
           )
           to
           have
           been
           the
           best
           and
           most
           desirable
           form
           of
           Government
           .
        
         
           And
           the
           Kingdom
           of
           England
           ,
           as
           it
           hath
           been
           ,
           for
           more
           than
           1000
           years
           a
           well
           tempered
           Monarchy
           ,
           and
           the
           Sword
           and
           Power
           thereof
           was
           given
           to
           our
           Kings
           only
           by
           God
           that
           ruleth
           the
           Hearts
           of
           them
           .
        
         
           The
           means
           thereunto
           which
           should
           be
           the
           Power
           of
           Punishment
           and
           Reward
           ,
           can
           no
           way
           permit
           ,
           that
           they
           should
           be
           without
           the
           Liberty
           and
           Prerogative
           of
           Pardoning
           ,
           which
           was
           no
           Stranger
           in
           England
           long
           before
           the
           Conquest
           ,
           in
           the
           Reign
           of
           King
           Athelstane
           ,
           who
           did
           thereby
           free
           the
           Nation
           from
           four-footed
           Wolves
           by
           
           ordaining
           Pardons
           to
           such
           Out-laws
           as
           would
           help
           to
           free
           themselves
           and
           others
           from
           such
           villanous
           Neighbours
           ,
           the
           Laws
           of
           Canutus
           also
           making
           it
           a
           great
           part
           of
           their
           business
           to
           injoyn
           a
           moderation
           in
           punishments
           
             ad
             divinam
             clementiam
             temperata
          
           to
           be
           observed
           in
           Magistracy
           and
           never
           to
           be
           wanting
           in
           the
           most
           Superior
           ,
           
           none
           being
           so
           proper
           to
           acquit
           the
           offence
           as
           they
           that
           by
           our
           Laws
           are
           to
           take
           benefit
           by
           the
           Fines
           and
           Forfeitures
           arising
           thereby
           .
           Edward
           the
           Confessors
           Law
           would
           not
           have
           
             Rex
             regni
             sub
             cujus
             protectione
             &
             pace
             degunt
             universi
             ,
          
           to
           be
           without
           it
           ;
           when
           amongst
           his
           Laws
           which
           the
           People
           of
           England
           held
           so
           sacred
           as
           they
           did
           hide
           them
           under
           his
           Shrine
           ,
           and
           afterwards
           
             precibus
             &
             fletibus
          
           obtained
           of
           the
           Conqueror
           ,
           that
           they
           should
           be
           observed
           ,
           and
           procured
           the
           observation
           of
           them
           especially
           to
           be
           inserted
           in
           the
           Coronation-Oaths
           of
           our
           succeeding
           Kings
           ,
           inviolably
           to
           be
           kept
           .
        
         
           
             And
             it
             is
             under
             the
             Title
             of
          
           misericordia
           Regis
           &
           Pardonatio
           ,
           
             declared
             ,
             That
          
           Si
           quispiam
           forisfactus
           
             (
             which
             the
             Margin
             interpreteth
          
           rei
           Capitalis
           reus
           )
           poposcerit
           Regiam
           misericordiam
           pro
           forisfacto
           suo
           ,
           
           timidus
           mortis
           
           vel
           membrorum
           perdendorum
           ,
           potest
           Rex
           ei
           lege
           suae
           dignitatis
           condonare
           si
           velit
           etiam
           mortem
           promeritam
           ;
           ipse
           tamen
           malefactor
           rectum
           faciat
           in
           quantumcunque
           poterit
           quibus
           forisfecit
           ,
           &
           tradat
           fidejussores
           de
           pace
           &
           legalitate
           tenenda
           si
           vero
           fidejussores
           defecerint
           exulabitur
           a
           Patria
           .
        
         
           For
           the
           pardoning
           of
           Treason
           ,
           
           Murder
           ,
           breach
           of
           the
           Peace
           ,
           &c.
           saith
           King
           Henry
           the
           First
           ,
           in
           his
           Laws
           ,
           so
           much
           esteemed
           by
           the
           Barons
           and
           Contenders
           for
           our
           
             Magna
             Charta
          
           ,
           as
           they
           solemnly
           swore
           they
           would
           live
           and
           die
           in
           the
           defence
           thereof
           ,
           do
           solely
           belong
           unto
           him
           ,
           
             &
             super
             omnes
             homines
             in
             terra
             sua
             .
          
        
         
           In
           the
           fifth
           year
           of
           the
           Reign
           of
           King
           Edward
           the
           Second
           ,
           
           
             Peirce
             Gaveston
          
           Earl
           of
           Cornewall
           ,
           being
           banished
           by
           the
           King
           in
           Parliament
           ,
           and
           all
           his
           Lands
           and
           Estate
           seized
           into
           the
           Kings
           hands
           ,
           the
           King
           granted
           his
           Pardon
           ,
           remitted
           the
           Seizures
           ,
           and
           caused
           the
           Pardon
           and
           Discharges
           to
           be
           written
           and
           Sealed
           in
           His
           Presence
           .
        
         
           And
           howsoever
           he
           was
           shortly
           after
           upon
           his
           return
           into
           England
           ,
           taken
           by
           the
           Earl
           of
           Warwick
           and
           beheaded
           without
           Process
           or
           Judgment
           at
           Law
           ,
           yet
           he
           and
           his
           Complices
           
           thought
           themselves
           not
           to
           be
           in
           any
           safety
           ,
           until
           they
           had
           by
           two
           Acts
           of
           Parliament
           in
           the
           seventh
           year
           of
           that
           Kings
           Reign
           obtained
           a
           Pardon
           ,
           
             Ne
             quis
             occasionetur
             pro
             reditu
             &
             morte
          
           Petri
           de
           Gaveston
           ,
           the
           power
           of
           pardoning
           ,
           being
           always
           so
           annexed
           to
           the
           King
           and
           his
           Crown
           and
           Dignity
           .
        
         
           As
           the
           Acts
           of
           Parliament
           of
           2
           
             E.
             3.
             ca.
             2.
             10
             
             E.
             3.
             ca.
             15.
             13
             
             R.
             2.
             ca.
          
           1.
           and
           16
           
             R.
             2.
             ca.
          
           6.
           seeking
           by
           the
           Kings
           Leave
           and
           Licence
           in
           some
           things
           to
           qualifie
           it
           ,
           are
           in
           that
           of
           13
           
             R.
             2.
             ca.
          
           1.
           content
           to
           allow
           the
           Power
           of
           Pardoning
           to
           belong
           to
           the
           Liberty
           of
           the
           King
           ,
           and
           a
           Regality
           used
           heretofore
           by
           his
           Progenitors
           .
        
         
           
             Hubert
             de
             Burgh
          
           Earl
           of
           Kent
           Chief
           Justiciar
           of
           England
           ,
           in
           the
           Reign
           of
           King
           Henry
           the
           third
           ,
           laden
           with
           envy
           and
           as
           many
           deep
           Accusations
           as
           any
           Minister
           of
           State
           could
           lie
           under
           ,
           in
           two
           several
           Charges
           in
           several
           Parliaments
           ,
           then
           without
           an
           House
           of
           Commons
           ,
           had
           the
           happiness
           ,
           
           notwithstanding
           all
           the
           hate
           and
           extremities
           put
           upon
           him
           by
           an
           incensed
           Party
           ,
           to
           receive
           two
           several
           Pardons
           of
           his
           and
           their
           King
           ,
           and
           dye
           acquitted
           in
           the
           Estate
           which
           he
           had
           gained
           .
        
         
         
           In
           the
           fiftieth
           year
           of
           the
           Reign
           of
           King
           Edward
           the
           third
           ,
           
           the
           Commons
           in
           Parliament
           petitioning
           the
           King
           ,
           that
           no
           Officer
           of
           the
           Kings
           ,
           or
           any
           man
           ,
           high
           or
           low
           ,
           that
           was
           impeached
           by
           them
           ,
           should
           enjoy
           his
           Place
           or
           be
           of
           the
           Kings
           Council
           .
        
         
           The
           King
           only
           answered
           ,
           he
           would
           do
           as
           he
           pleased
           .
        
         
           With
           which
           they
           were
           so
           well
           satisfied
           ;
           
           as
           the
           next
           year
           after
           ,
           in
           Parliament
           ,
           upon
           better
           consideration
           ,
           they
           petitioned
           him
           ,
           that
           
             Richard
             Lyons
             ,
             John
             Pechie
          
           ,
           and
           
             Alice
             Pierce
          
           ,
           whom
           they
           had
           largely
           accused
           and
           believed
           guilty
           ,
           might
           be
           pardoned
           .
        
         
           And
           that
           King
           was
           so
           unwilling
           to
           bereave
           himself
           of
           that
           one
           especial
           Flower
           in
           his
           Crown
           ;
           as
           in
           a
           Grant
           or
           Commission
           made
           in
           the
           same
           year
           to
           
             James
             Botiller
          
           Earl
           of
           Ormond
           of
           the
           Office
           of
           
             Chief
             Justiciar
          
           of
           Ireland
           giving
           him
           power
           under
           the
           Seal
           of
           that
           Kingdom
           to
           pardon
           all
           Trespasses
           Felonies
           ,
           
           Murders
           ,
           Treasons
           ,
           &c.
           he
           did
           especially
           except
           and
           reserve
           to
           himself
           the
           power
           of
           pardoning
           Prelates
           ,
           Earls
           and
           Barons
           .
        
         
           In
           the
           first
           year
           of
           the
           Reign
           of
           King
           Henry
           the
           fourth
           ,
           
           the
           King
           in
           the
           Case
           of
           the
           Duke
           of
           Albemarle
           and
           others
           ,
           declared
           in
           
           Parliament
           that
           Mercy
           and
           Grace
           belongeth
           to
           Him
           and
           his
           Royal
           Estate
           ,
           and
           therefore
           reserved
           it
           to
           himself
           ,
           and
           would
           that
           no
           man
           entitle
           himself
           thereunto
           .
        
         
           And
           many
           have
           been
           since
           granted
           by
           our
           succeeding
           Kings
           in
           Parliament
           ,
           at
           the
           request
           of
           the
           Commons
           (
           the
           People
           of
           England
           in
           Worldly
           and
           Civil
           Affairs
           as
           well
           ever
           since
           ,
           as
           before
           ,
           not
           knowing
           unto
           whom
           else
           to
           apply
           themselves
           for
           it
           .
           )
        
         
           So
           as
           no
           fraud
           or
           indirect
           dealings
           being
           made
           use
           of
           in
           the
           obtaining
           of
           a
           Pardon
           ,
           it
           ought
           not
           to
           be
           shaken
           or
           invalidated
           ,
           whether
           it
           were
           before
           a
           Charge
           or
           Accusation
           in
           Parliament
           or
           after
           ,
           or
           where
           there
           is
           no
           Charge
           or
           Indictment
           antecedent
           .
        
         
           The
           Pardon
           of
           the
           King
           to
           
             Richard
             Lyons
          
           at
           the
           request
           of
           the
           Commons
           in
           Parliament
           ,
           as
           the
           Parliament
           Rolls
           do
           mention
           ,
           although
           it
           was
           not
           inserted
           in
           the
           Pardon
           ,
           was
           declared
           to
           be
           after
           a
           Charge
           against
           him
           by
           the
           Commons
           in
           Parliament
           ,
           and
           in
           the
           perclose
           said
           to
           be
           
             per
             Dominum
             Regem
          
           .
        
         
           And
           a
           second
           of
           the
           same
           date
           and
           tenor
           ,
           with
           a
           perclose
           said
           to
           have
           been
           
             per
             Dominum
             Regem
             &
             magnum
             Concilium
             .
          
        
         
         
           
             John
             Pechies
          
           pardon
           for
           whom
           that
           House
           of
           Commons
           in
           Parliament
           was
           said
           to
           intercede
           ;
           only
           mentioneth
           that
           it
           was
           
             precibus
             aliquorum
             Magnatum
          
           .
        
         
           15
           E.
           3.
           
           The
           
             Archbishop
             of
             Canterbury
          
           before
           the
           King
           ,
           
           Lords
           ,
           and
           Commons
           humbling
           himself
           before
           the
           King
           Lords
           and
           Commons
           ;
           desired
           that
           where
           he
           was
           defamed
           through
           the
           Realm
           he
           might
           be
           larraigned
           before
           his
           Peers
           in
           open
           Parliamenti
           unto
           which
           the
           King
           answered
           ,
           that
           He
           would
           attend
           the
           Common
           affairs
           ,
           and
           afterward
           hear
           others
           .
        
         
           5
           H.
           4.
           
           The
           King
           at
           the
           request
           of
           the
           Commons
           ;
           
           affirmeth
           the
           
             Archbishop
             of
             Canterbury
          
           ,
           the
           
             Duke
             of
             York
          
           ,
           the
           Earl
           of
           Northumberland
           ,
           and
           other
           Lords
           ,
           which
           were
           suspected
           to
           be
           of
           the
           confederacy
           of
           
             Henry
             Percy
          
           ,
           to
           be
           his
           true
           Leige-men
           ,
           and
           that
           they
           nor
           any
           of
           them
           should
           be
           impeached
           therefore
           ,
           by
           the
           King
           or
           his
           Heirs
           in
           any
           time
           ensuing
           .
        
         
           9
           H.
           4.
           
           The
           Speaker
           of
           the
           House
           of
           Commons
           presented
           a
           Bill
           on
           the
           behalf
           of
           
             Thomas
             Brooke
          
           against
           
             VVilliam
             Widecombe
          
           ,
           
           and
           required
           Judgement
           against
           him
           ;
           which
           Bill
           was
           received
           and
           the
           said
           
             William
             Widecombe
          
           
           was
           notwithstanding
           bound
           in
           a
           1000
           pound
           to
           hear
           his
           Judgment
           in
           Chancery
           .
        
         
           And
           the
           many
           restorations
           in
           blood
           and
           estate
           in
           13
           H.
           4
           and
           by
           King
           E.
           4
           and
           of
           many
           of
           our
           Kings
           may
           inform
           us
           how
           necessary
           and
           beneficial
           the
           pardons
           ,
           
           and
           mercy
           of
           our
           Kings
           and
           Princes
           have
           been
           to
           their
           People
           and
           Posterities
           .
        
         
           The
           Commons
           accuse
           the
           Lord
           Stanley
           in
           sundry
           particulars
           ,
           for
           being
           confederate
           with
           the
           
             Duke
             of
             York
          
           ,
           and
           pray
           that
           he
           may
           be
           committed
           to
           prison
           :
           to
           which
           the
           King
           answered
           ,
           he
           will
           be
           advised
           .
        
         
           
             William
             de
             la
             Poole
          
           Duke
           of
           Suffolke
           being
           in
           a
           Parliament
           in
           the
           28
           th
           year
           of
           the
           Reign
           of
           King
           Henry
           the
           6
           th
           deeply
           charged
           by
           the
           Commons
           and
           not
           demanding
           his
           Peerage
           but
           submitting
           himself
           to
           the
           Kings
           grace
           and
           mercy
           was
           only
           banished
           for
           five
           years
           .
           
        
         
           Whereupon
           the
           
             Viscount
             Beaumont
             ▪
          
           in
           the
           behalf
           of
           the
           Bishops
           and
           the
           Lords
           required
           that
           the
           said
           Judgment
           without
           their
           assent
           might
           be
           no
           barr
           to
           their
           priviledge
           of
           Peerage
           ,
           but
           no
           saving
           at
           all
           either
           requested
           or
           granted
           for
           ,
           or
           by
           the
           Commons
           .
        
         
           And
           Pardons
           before
           Indictments
           or
           prosecution
           have
           not
           been
           rejected
           for
           that
           they
           
           did
           anticipate
           any
           troubles
           which
           might
           afterwards
           happen
           .
        
         
           For
           so
           was
           the
           
             Earl
             of
             Shrewsbury's
          
           in
           the
           Reign
           of
           Queen
           Elizabeth
           for
           fear
           of
           being
           troubled
           by
           his
           ill
           willers
           for
           a
           sudden
           raising
           of
           men
           without
           a
           warrant
           to
           suppress
           an
           insurrection
           of
           Rebels
           .
        
         
           
             Lionell
             Cranfeild
          
           Earl
           of
           Middlesex
           Lord
           Treasurer
           of
           England
           ,
           being
           about
           the
           18
           th
           year
           of
           King
           James
           ,
           accused
           by
           the
           Lords
           &
           Commons
           in
           Parliament
           ,
           for
           great
           offences
           and
           misdemeanours
           fined
           by
           the
           King
           in
           Parliament
           to
           be
           displaced
           ,
           pay
           50000
           l.
           and
           never
           more
           to
           sit
           in
           Parliament
           ,
           was
           in
           the
           2
           d
           year
           of
           the
           Reign
           of
           King
           Charles
           the
           Martyr
           ,
           upon
           his
           Submission
           to
           the
           King
           and
           payment
           of
           20000
           l.
           only
           ,
           pardoned
           of
           all
           Crimes
           ,
           Offences
           and
           Misdemeanors
           whatsoever
           any
           Sentence
           ,
           Act
           ,
           or
           Order
           of
           Parliament
           ,
           or
           the
           said
           Sentence
           to
           the
           contrary
           notwithstanding
           .
        
         
           For
           whether
           the
           accusation
           be
           for
           Treason
           wherein
           the
           King
           is
           immediately
           and
           most
           especially
           concerned
           ,
           or
           for
           lesser
           Offences
           where
           the
           people
           may
           have
           some
           concernment
           ,
           but
           nothing
           near
           so
           much
           or
           equivalent
           to
           that
           of
           the
           Kings
           being
           the
           supreme
           
           Magistrate
           ,
           the
           King
           may
           certainly
           pardon
           and
           in
           many
           pardons
           as
           of
           Outlaries
           ,
           Felonies
           ,
           &c.
           there
           have
           been
           conditions
           annexed
           .
           
             Ita
             quod
             stent
             recto
             si
             quis
             versus
             eos
             loqui
             voluerit
             .
          
        
         
           So
           the
           
             Lord
             Keeper
          
           Coventry's
           in
           the
           Reign
           of
           King
           Charles
           the
           Martyr
           to
           prevent
           any
           dangerous
           questions
           ,
           touching
           the
           receiving
           of
           Fines
           and
           other
           Proceedings
           in
           Chancery
           ,
           sued
           out
           his
           Pardon
           .
        
         
           The
           many
           Acts
           of
           oblivion
           ,
           or
           general
           pardon
           ;
           granted
           by
           many
           of
           our
           Kings
           and
           Princes
           ,
           to
           the
           great
           comfort
           and
           quiet
           of
           their
           Subjects
           ,
           but
           great
           diminution
           of
           the
           Crown
           revenue
           did
           not
           make
           them
           guilty
           ,
           that
           afterwards
           protected
           themselves
           thereby
           from
           unjust
           and
           malicious
           adversaries
           .
        
         
           And
           where
           there
           is
           not
           such
           a
           clause
           it
           is
           always
           implyed
           by
           Law
           in
           particular
           mens
           cases
           ,
           and
           until
           the
           Sovereignty
           can
           be
           found
           by
           Law
           to
           be
           in
           the
           people
           ,
           neither
           the
           King
           or
           his
           people
           (
           who
           by
           their
           Oaths
           of
           Allegiance
           and
           Supremacy
           are
           to
           be
           subordinate
           unto
           him
           )
           are
           to
           be
           deprived
           of
           his
           
             haute
             et
             basse
             Justice
          
           ,
           and
           are
           not
           to
           be
           locked
           up
           or
           restrained
           by
           any
           Petition
           ,
           Charge
           or
           Surmise
           which
           is
           not
           to
           be
           accompted
           
           infallible
           ,
           or
           a
           truth
           ,
           before
           it
           be
           proved
           to
           the
           King
           and
           his
           Council
           of
           Peers
           in
           Parliament
           ,
           and
           our
           Kings
           that
           gave
           the
           Lords
           of
           Manors
           ,
           Powers
           of
           Soke
           and
           
             Sake
             ,
             Infangtheif
          
           ,
           and
           Outfangtheif
           in
           their
           Court
           Barons
           ,
           and
           sometimes
           as
           large
           as
           
             Fossarum
             &
             Furcarum
          
           ,
           and
           the
           incident
           Power
           of
           Pardons
           and
           Remissions
           of
           Fine
           and
           Forfeitures
           which
           many
           do
           at
           this
           day
           without
           contradiction
           of
           their
           other
           Tenants
           enjoy
           ,
           should
           not
           be
           bereaved
           of
           as
           much
           liberty
           in
           their
           primitive
           and
           supream
           Estates
           as
           they
           gave
           them
           in
           their
           derivatives
           .
        
         
           And
           though
           there
           have
           been
           revocations
           of
           Patents
           during
           pleasure
           ,
           of
           Protections
           and
           Presentations
           ,
           and
           Revocations
           of
           Revocations
           
             quibusdam
             certis
             de
             causis
          
           ,
           yet
           never
           was
           there
           any
           Revocation
           of
           any
           Pardon
           's
           granted
           where
           the
           King
           was
           not
           abused
           or
           deceived
           in
           the
           granting
           thereof
           .
        
         
           For
           in
           Letters
           Patents
           for
           other
           matters
           Reversals
           were
           not
           to
           be
           accounted
           legal
           ,
           where
           they
           were
           not
           upon
           just
           causes
           proved
           upon
           Writs
           of
           
             Scire
             facias
          
           issuing
           out
           of
           the
           Chancery
           ,
           and
           one
           of
           the
           Articles
           for
           
           the
           deposing
           of
           King
           Richard
           the
           2
           d.
           being
           that
           he
           revoked
           some
           of
           his
           Pardons
           .
        
         
           The
           recep's
           of
           Patents
           of
           Pardon
           ,
           or
           other
           things
           were
           ordained
           so
           to
           signifie
           the
           time
           when
           they
           were
           first
           brought
           to
           the
           Chancellour
           ,
           as
           to
           prevent
           controversies
           concerning
           priority
           or
           delays
           ,
           made
           use
           of
           in
           the
           Sealing
           of
           them
           to
           the
           detriment
           of
           those
           that
           first
           obtained
           them
           .
        
         
           
             And
             the
             various
             forms
             in
             the
             drawing
             or
             passing
             of
             Pardons
             as
             long
             ago
          
           His
           testibus
           ,
           afterwards
           per
           manum
           
             of
             the
             Chancellour
             or
          
           per
           Regem
           alone
           ,
           per
           nostre
           Main
           ,
           vel
           per
           manum
           Regis
           ,
           or
           per
           Regem
           &
           Concilium
           ,
           or
           authoritate
           Parliamenti
           ,
           per
           Regem
           &
           Principem
           ,
           per
           Breve
           de
           privat
           .
           sigillo
           ,
           or
           per
           immediate
           Warrant
           
             being
             never
             able
             to
             hinder
             the
          
           energy
           
             and
             true
             meaning
             thereof
          
           .
        
         
           And
           need
           not
           certainly
           be
           pleaded
           in
           any
           subordinate
           Court
           of
           Justice
           without
           an
           occasion
           or
           to
           purchase
           then
           allowance
           who
           are
           not
           to
           controul
           such
           an
           Act
           of
           their
           Sovereign
           .
        
         
           Doctor
           Manwaring
           in
           the
           fourth
           or
           sixth
           Year
           of
           the
           Reign
           of
           King
           Charles
           the
           Martyr
           being
           grievously
           fined
           by
           both
           Houses
           of
           Parliament
           ,
           and
           made
           incapable
           of
           any
           
           place
           or
           Imployment
           ;
           was
           afterwards
           pardoned
           and
           made
           Bishop
           of
           St.
           Asaph
           with
           a
           
             non
             obstante
          
           of
           any
           order
           or
           Act
           of
           Parliament
           ,
        
         
           So
           they
           that
           would
           have
           Attainders
           pass
           by
           Bill
           or
           Act
           of
           Parliament
           to
           make
           that
           to
           be
           Treason
           which
           by
           the
           Law
           and
           antient
           and
           reasonable
           Customs
           of
           England
           ,
           was
           never
           so
           before
           to
           be
           believed
           or
           adjudged
           ,
           or
           to
           Accumulate
           Trespasses
           and
           Misdemeanors
           to
           make
           that
           a
           Treason
           which
           singly
           could
           never
           be
           so
           ,
           either
           in
           truth
           ,
           Law
           ,
           right
           ,
           reason
           or
           Justice
           .
        
         
           May
           be
           pleased
           to
           admit
           and
           take
           into
           their
           serious
           consideration
           ,
           that
           Arguments
           
             a
             posse
             ad
             esse
          
           ,
           or
           
             ab
             uno
             ad
             plures
          
           ,
           are
           neither
           usual
           or
           allowable
           ,
           and
           that
           such
           a
           way
           of
           proceeding
           will
           be
           as
           much
           against
           the
           Rules
           of
           Law
           ,
           Honour
           ,
           and
           Justice
           as
           of
           Equity
           and
           good
           Conscience
           .
        
         
           And
           may
           be
           likewise
           very
           prejudicial
           to
           the
           very
           ancient
           and
           honourable
           House
           of
           Peers
           in
           Parliament
           ,
           for
           these
           and
           many
           more
           to
           be
           added
           Reasons
           ,
           viz.
           
        
         
           For
           former
           Ages
           knew
           no
           Bills
           of
           Attainder
           ,
           by
           Act
           of
           Parliament
           after
           an
           Acquittal
           or
           Judgment
           in
           the
           House
           of
           Peers
           ,
           until
           that
           
           unhappy
           one
           in
           the
           latter
           end
           of
           the
           Reign
           of
           King
           Charles
           the
           Martyr
           ,
           which
           for
           the
           unusalness
           thereof
           had
           a
           special
           Proviso
           inserted
           ,
           That
           it
           should
           not
           hereafter
           be
           drawn
           into
           Examples
           or
           made
           use
           of
           a
           President
           .
        
         
           And
           proved
           to
           be
           so
           fatally
           mischievous
           to
           that
           blessed
           King
           himself
           ,
           and
           His
           three
           Kingdoms
           of
           
             England
             ;
             Scotland
          
           and
           Ireland
           ,
           as
           he
           bewailed
           in
           his
           excellent
           Soliloquies
           ,
           and
           at
           his
           Death
           ,
           his
           consenting
           to
           such
           an
           Act
           ,
           and
           charged
           His
           Majesty
           that
           now
           is
           ,
           never
           to
           make
           Himself
           or
           His
           People
           ,
           to
           be
           partakers
           of
           any
           more
           such
           Mischief
           procuring
           State-Errors
           .
        
         
           The
           House
           of
           Commons
           if
           they
           will
           be
           Accusers
           ,
           wherein
           they
           may
           be
           often
           mistaken
           ,
           when
           they
           take
           it
           from
           others
           ,
           and
           have
           no
           power
           to
           examine
           upon
           Oath
           ,
           wild
           and
           envious
           Informations
           ,
           and
           at
           the
           same
           time
           a
           part
           of
           the
           Parliament
           ,
           subordinate
           to
           the
           King
           ,
           will
           in
           such
           an
           Act
           of
           Attainder
           be
           both
           Judge
           and
           Party
           ,
           which
           all
           the
           Laws
           in
           the
           World
           could
           never
           allow
           to
           be
           just
           .
        
         
           And
           such
           a
           course
           ,
           if
           suffered
           ,
           must
           needs
           be
           derogatory
           and
           prejudicial
           to
           the
           Rights
           
           and
           Priviledges
           ,
           and
           Judicative
           Power
           of
           the
           Peers
           in
           Parliament
           ,
           unparallelled
           ,
           and
           unpresidented
           ,
           when
           any
           Judgments
           given
           by
           them
           ,
           shall
           by
           such
           a
           Bill
           of
           Attainder
           ,
           like
           a
           Writ
           of
           Error
           ,
           or
           as
           an
           Appeal
           from
           them
           to
           the
           House
           of
           Commons
           ,
           be
           en●rvated
           or
           quite
           altered
           by
           an
           Act
           of
           Attainder
           framed
           by
           the
           House
           of
           Commons
           ,
           whereby
           they
           which
           shall
           be
           freed
           or
           absolved
           by
           their
           Peers
           ,
           or
           by
           that
           Honourable
           and
           more
           wise
           Assembly
           ,
           shall
           by
           such
           a
           back
           or
           by-blow
           be
           condemned
           ,
           or
           if
           only
           Fined
           by
           the
           House
           of
           Peers
           ,
           may
           be
           made
           to
           forfeit
           their
           Lives
           ,
           Estates
           and
           Posterities
           by
           the
           House
           of
           Commons
           ;
           or
           if
           condemned
           in
           the
           Upper
           House
           ,
           be
           absolved
           in
           the
           Lower
           ,
           who
           shall
           thereby
           grow
           to
           be
           so
           formidable
           as
           none
           of
           the
           Peerage
           ,
           or
           Kings
           Privy-Council
           shall
           dare
           to
           displease
           them
           ,
           and
           where
           the
           
             dernier
             Ressort
          
           ,
           or
           Appeal
           ,
           was
           before
           and
           ought
           ever
           to
           be
           to
           the
           King
           in
           His
           House
           of
           Peers
           ,
           or
           without
           ,
           will
           thus
           be
           lodged
           in
           the
           House
           of
           Commons
           ,
           and
           of
           little
           avail
           will
           the
           Liberty
           of
           our
           Nobility
           be
           to
           be
           tryed
           by
           their
           own
           Peers
           ,
           when
           it
           shall
           be
           
             contre
             caeur
          
           ,
           and
           under
           the
           Control
           of
           the
           House
           of
           Commons
           .
        
         
         
           Or
           that
           the
           Commons
           disclaiming
           ,
           as
           they
           ought
           ,
           any
           power
           or
           Cognisance
           in
           the
           matters
           of
           War
           and
           Peace
           ,
           should
           by
           a
           Bill
           of
           Attainder
           make
           themselves
           to
           be
           Judges
           and
           Parties
           against
           a
           Peer
           ,
           both
           of
           the
           Kings
           Privy
           Council
           and
           Great
           Council
           in
           Parliament
           ,
           touching
           Matters
           of
           that
           Nature
           .
        
         
           For
           if
           the
           Commons
           in
           Parliament
           had
           never
           after
           their
           own
           Impeachments
           of
           a
           Peer
           or
           Commoner
           ,
           Petitioned
           the
           King
           to
           pardon
           the
           very
           Persons
           which
           they
           had
           Accused
           ,
           as
           they
           did
           in
           the
           Cases
           of
           Lyons
           and
           
             John
             Pechie
          
           ,
           in
           the
           51
           year
           of
           the
           Reign
           of
           King
           Edward
           the
           Third
           ,
           whom
           they
           had
           fiercely
           accused
           in
           Parliament
           but
           the
           year
           before
           ,
           the
           Objection
           that
           a
           Pardon
           ought
           not
           to
           be
           a
           Bar
           against
           an
           Impeachment
           might
           have
           had
           more
           force
           than
           it
           is
           like
           to
           have
           .
        
         
           Neither
           would
           it
           or
           did
           it
           discourage
           the
           exhibiting
           any
           for
           the
           future
           ,
           no
           more
           than
           it
           did
           the
           many
           after
           Impeachments
           ,
           which
           were
           made
           by
           the
           Commons
           in
           several
           Parliaments
           ,
           and
           Kings
           Reigns
           ,
           whereupon
           punishments
           severe
           enough
           ensued
           ;
           For
           if
           the
           very
           many
           Indictments
           and
           Informations
           at
           every
           Assizes
           and
           Quarter-Sessions
           in
           the
           
           Counties
           ,
           and
           in
           the
           Court
           of
           Kings-Bench
           at
           Westminster
           ,
           in
           the
           Term
           time
           ,
           ever
           since
           the
           Usurpation
           and
           Reign
           of
           King
           Stephen
           ,
           and
           the
           Pardon
           's
           granted
           shall
           be
           exactly
           searched
           and
           numbred
           ,
           the
           foot
           of
           the
           Accompt
           will
           plainly
           demonstrate
           ,
           that
           the
           Pardons
           for
           Criminal
           Offences
           have
           not
           been
           above
           or
           so
           many
           as
           one
           in
           every
           hundred
           ,
           or
           a
           much
           smaller
           and
           inconsiderable
           number
           ,
           either
           in
           or
           before
           the
           first
           or
           later
           instance
           ,
           before
           Tryal
           or
           after
           ,
           and
           the
           Pardon
           's
           granted
           by
           our
           Kings
           ,
           so
           few
           and
           seldom
           ,
           as
           it
           ought
           to
           be
           confest
           ,
           that
           that
           Regal
           Power
           only
           proper
           for
           Kings
           ,
           the
           Vicegerents
           of
           God
           Almighty
           ,
           not
           of
           the
           People
           ,
           hath
           been
           modestly
           and
           moderately
           used
           ,
           and
           that
           the
           multitude
           of
           Indictments
           and
           Informations
           ,
           and
           few
           Pardon
           's
           now
           extant
           in
           every
           year
           ,
           will
           be
           no
           good
           Witnesses
           of
           such
           a
           causelesly
           feared
           discouragement
           .
        
         
           And
           it
           will
           not
           be
           so
           easily
           proved
           ,
           as
           it
           is
           fancied
           that
           there
           ever
           was
           by
           our
           Laws
           or
           reasonable
           Customs
           any
           Institution
           to
           preserve
           the
           Government
           by
           restraining
           the
           Prince
           ,
           against
           whom
           and
           no
           other
           the
           Contempt
           and
           Injury
           is
           immediately
           committed
           
           from
           pardoning
           offences
           against
           Him
           ,
           and
           in
           Him
           against
           the
           People
           to
           whose
           charge
           they
           are
           by
           God
           intrusted
           .
        
         
           Or
           that
           there
           was
           any
           such
           institution
           (
           which
           would
           be
           worth
           the
           seeing
           if
           it
           could
           be
           found
           or
           heard
           of
           )
           that
           it
           was
           the
           Chief
           ,
           or
           that
           without
           it
           consequently
           the
           Government
           it self
           would
           be
           destroyed
           .
        
         
           To
           prove
           which
           groundless
           Institution
           the
           Author
           of
           those
           Reasons
           is
           necessitated
           (
           without
           resorting
           as
           he
           supposeth
           to
           greater
           Antiquities
           )
           to
           vouch
           to
           Warranty
           the
           Declaration
           of
           that
           excellent
           Prince
           ,
           King
           Charles
           the
           First
           of
           Blessed
           Memory
           ,
           made
           in
           that
           behalf
           (
           when
           there
           was
           no
           Controversie
           or
           Question
           in
           agitation
           or
           debate
           touching
           the
           power
           of
           pardoning
           )
           in
           his
           Answer
           to
           the
           nineteen
           Propositions
           of
           both
           Houses
           of
           Parliament
           ,
           wherein
           stating
           the
           several
           parts
           of
           this
           well
           regulated
           Monarchy
           ,
           he
           saith
           ,
           the
           King
           ,
           the
           House
           of
           Lords
           ,
           and
           the
           House
           of
           Commons
           ,
           have
           each
           particular
           Priviledges
           .
        
         
           Wherein
           amongst
           those
           which
           belong
           to
           the
           King
           ,
           he
           reckons
           the
           power
           of
           pardoning
           ,
           if
           the
           Framer
           of
           those
           Reasons
           might
           have
           been
           fair
           and
           candid
           ,
           and
           added
           the
           
           Words
           immediately
           following
           ,
           viz.
           And
           some
           more
           of
           the
           like
           kind
           are
           placed
           in
           the
           King.
           
        
         
           And
           this
           kind
           of
           excellently
           tempered
           Monarchy
           ,
           having
           the
           power
           to
           preserve
           that
           Authority
           ,
           without
           which
           it
           would
           be
           disabled
           to
           protect
           the
           Laws
           in
           their
           Force
           ,
           and
           the
           Subjects
           in
           their
           Peace
           ,
           Liberties
           ,
           and
           Properties
           ,
           ought
           to
           have
           drawn
           unto
           Him
           such
           a
           respect
           and
           reverence
           from
           the
           Nobility
           and
           Great
           Ones
           ,
           as
           might
           hinder
           the
           Ills
           of
           Division
           and
           Faction
           ;
           and
           cause
           such
           a
           Fear
           and
           Respect
           from
           the
           People
           as
           may
           hinder
           Tumults
           and
           Violence
           .
        
         
           But
           the
           design
           being
           laid
           and
           devised
           to
           tack
           and
           piece
           together
           such
           parcels
           of
           His
           said
           late
           Majesties
           Answer
           ,
           as
           might
           make
           most
           for
           the
           advantage
           of
           the
           Undertaker
           to
           take
           the
           Power
           of
           Pardoning
           from
           the
           Prince
           ,
           and
           lodge
           it
           in
           the
           People
           ,
           and
           do
           what
           they
           can
           to
           create
           a
           Soveraignty
           or
           Superiority
           in
           them
           ,
           which
           cannot
           consist
           with
           his
           antient
           Monarchy
           ,
           and
           the
           Laws
           and
           reasonable
           Customs
           of
           the
           Kingdom
           ,
           the
           Records
           ,
           Annals
           and
           Histories
           ,
           Reason
           ,
           Common
           Sense
           and
           understanding
           thereof
           ,
           the
           long
           and
           very
           long
           approved
           usages
           
           of
           the
           Nation
           ,
           and
           Oaths
           of
           Allegiance
           and
           Supremacy
           of
           those
           that
           would
           now
           not
           only
           deny
           but
           be
           above
           it
           .
        
         
           And
           would
           make
           the
           King
           ,
           by
           some
           scattered
           or
           distorted
           parts
           of
           that
           Answer
           ,
           mangled
           and
           torn
           from
           the
           whole
           context
           and
           purpose
           of
           it
           ,
           to
           give
           away
           those
           undoubted
           Rights
           of
           his
           Crown
           ,
           for
           which
           ,
           and
           the
           preservation
           of
           the
           Liberties
           of
           His
           People
           ,
           he
           died
           a
           Martyr
           ;
           the
           Author
           and
           his
           Party
           endeavouring
           all
           they
           can
           to
           translate
           the
           Assent
           of
           the
           Commons
           required
           in
           the
           levying
           of
           Money
           into
           that
           of
           the
           power
           of
           pardoning
           ,
           and
           jumbling
           the
           Words
           and
           Sense
           of
           that
           Royal
           Answer
           ,
           cements
           and
           puts
           together
           others
           of
           their
           own
           to
           fortifie
           and
           make
           out
           their
           unjust
           purposes
           ,
           omitting
           every
           thing
           that
           might
           be
           understood
           against
           them
           ,
           or
           give
           any
           disturbance
           thereunto
           .
        
         
           And
           with
           this
           resolution
           the
           Author
           proceedeth
           to
           do
           as
           well
           as
           he
           can
           ,
           and
           saith
           :
        
         
           After
           the
           enumeration
           of
           which
           ,
           and
           other
           His
           Prerogatives
           ,
           His
           said
           Majesty
           adds
           thus
           ;
           Again
           (
           as
           if
           it
           related
           to
           the
           matter
           of
           pardoning
           which
           it
           doth
           not
           at
           all
           ,
           but
           only
           and
           properly
           to
           the
           levying
           of
           
           Money
           ,
           
           wherein
           that
           Misinterpreter
           can
           afford
           to
           leave
           out
           His
           said
           Majesties
           Parenthesis
           
             (
             which
             is
             the
             Sinews
             as
             well
             of
             Peace
             as
             War
             )
          
           that
           the
           Prince
           may
           not
           make
           use
           of
           this
           high
           and
           perpetual
           Power
           to
           the
           hurt
           of
           those
           for
           whose
           good
           he
           hath
           it
           ,
           and
           make
           use
           of
           the
           Name
           of
           Publick
           Necessity
           (
           which
           clearly
           evidenceth
           that
           his
           late
           Majesty
           thereby
           only
           intended
           that
           part
           of
           his
           Answer
           to
           relate
           to
           the
           levying
           of
           Money
           )
           for
           the
           gain
           of
           his
           private
           Favorites
           and
           Followers
           to
           the
           detriment
           of
           his
           People
           .
        
         
           Whither
           being
           come
           ,
           our
           Man
           of
           Art
           or
           putter
           of
           his
           Matters
           together
           ,
           finds
           some
           words
           which
           will
           not
           at
           all
           serve
           his
           turn
           inclosed
           in
           a
           Royal
           Parenthesis
           of
           his
           late
           Majesty
           ,
           
             viz.
             (
             An
             excellent
             Conserver
             of
             Liberty
             ,
             but
             never
             intended
             for
             any
             share
             in
             Government
             ,
             or
             the
             choosing
             of
             them
             that
             should
             govern
             )
          
           but
           looked
           like
           a
           deep
           and
           dangerous
           Ditch
           which
           might
           
             Sowse
             him
             over
             head
             and
             ears
             ,
          
           if
           not
           drown
           him
           and
           spoil
           all
           his
           inventions
           ,
           and
           therefore
           well
           bethinks
           himself
           ,
           retires
           a
           little
           ,
           begins
           at
           An
           excellent
           Conserver
           of
           Liberty
           ,
           makes
           that
           plural
           ,
           adds
           ,
           &c.
           which
           is
           not
           in
           the
           Original
           ,
           fetches
           his
           seeze
           and
           leaps
           quite
           
           over
           all
           the
           rest
           of
           the
           Parenthesis
           ,
           as
           being
           a
           
             Noli
             me
             tangere
          
           ,
           dangerous
           words
           and
           of
           evil
           consequence
           ,
           and
           having
           got
           over
           goeth
           on
           until
           he
           came
           to
           some
           just
           and
           considerable
           expostulations
           of
           his
           late
           Majesty
           ,
           and
           then
           as
           if
           he
           had
           been
           in
           some
           Lincolnshire
           Fens
           and
           Marshes
           ,
           is
           again
           enforced
           to
           leap
           until
           he
           come
           to
           ,
           Therefore
           the
           Power
           legally
           placed
           in
           both
           Houses
           ,
           is
           more
           than
           sufficient
           to
           prevent
           and
           restrain
           the
           Power
           of
           Tyranny
           .
        
         
           
             But
             not
             liking
             the
             subsequent
             words
             of
             his
             late
             Majesty
             ,
          
           viz.
           And
           without
           the
           Power
           which
           is
           now
           asked
           from
           Vs
           ,
           we
           shall
           not
           be
           able
           to
           discharge
           that
           Trust
           which
           is
           the
           end
           of
           Monarchy
           ,
           since
           that
           would
           be
           a
           total
           subversion
           of
           the
           Fundamental
           Laws
           ,
           and
           that
           excellent
           Constitution
           of
           this
           Kingdom
           ,
           which
           hath
           made
           this
           Nation
           for
           many
           years
           both
           famous
           and
           happy
           to
           a
           great
           degree
           of
           envy
           ,
           
             is
             glad
             to
             take
             his
             leave
             with
             an
             ,
          
           &c.
           
             and
             meddle
             no
             more
             with
             such
             Edge-Tools
             ,
             wherewith
             that
             Royal
             Answer
             was
             abundantly
             furnished
             .
          
        
         
           But
           looks
           back
           and
           betakes
           himself
           to
           an
           Argument
           framed
           out
           of
           some
           Melancholick
           or
           Feverish
           Fears
           and
           Jealousies
           ,
           that
           until
           the
           Commons
           of
           England
           have
           right
           
           done
           unto
           them
           against
           that
           
             Plea
             of
             Pardon
          
           ,
           they
           may
           justly
           apprehend
           that
           the
           whole
           Justice
           of
           the
           Kingdom
           in
           the
           Case
           of
           the
           
             five
             Lords
          
           ,
           may
           be
           obstructed
           and
           defeated
           by
           Pardons
           of
           a
           like
           nature
           .
        
         
           As
           if
           the
           pardoning
           of
           one
           must
           of
           necessity
           amount
           to
           many
           ,
           or
           all
           ,
           in
           offences
           of
           a
           different
           nature
           committed
           at
           several
           times
           by
           several
           persons
           (
           which
           is
           yet
           to
           be
           learned
           )
           and
           the
           Justice
           of
           the
           Nation
           which
           hath
           been
           safe
           and
           flourished
           for
           many
           Ages
           ,
           notwithstanding
           some
           necessary
           Pardons
           granted
           by
           our
           Princes
           ,
           can
           be
           obstructed
           or
           defeated
           in
           a
           well
           constituted
           Government
           under
           our
           Kings
           and
           Laws
           ;
           so
           it
           may
           everlastingly
           be
           wondred
           upon
           what
           such
           jealousies
           should
           now
           be
           founded
           ,
           or
           by
           what
           Law
           or
           Reason
           to
           be
           satisfied
           ,
           if
           it
           shall
           thus
           be
           suffered
           to
           run
           wild
           or
           mad
           .
        
         
           For
           Canutus
           in
           his
           Laws
           ordained
           that
           there
           should
           be
           in
           all
           Punishments
           a
           
             moderata
             misericordia
          
           ,
           
           and
           that
           there
           should
           be
           a
           
             misericordia
             in
             judicio
             exhibenda
          
           ,
           which
           all
           our
           Laws
           ,
           as
           well
           those
           in
           the
           Saxon
           and
           Danish
           times
           as
           since
           ,
           have
           ever
           intended
           ,
           and
           it
           was
           wont
           to
           be
           a
           parcel
           of
           good
           
           Divinity
           that
           
             Gods
             Mercy
             is
             over
             all
             his
             Works
             ,
          
           who
           not
           seldom
           qualifies
           and
           abates
           the
           rigour
           of
           his
           Justice
           .
        
         
           When
           Trissilian
           Chief
           Justice
           ,
           and
           Brambre
           Major
           of
           London
           ,
           were
           by
           Judgment
           of
           the
           Parliament
           of
           the
           Eleventh
           of
           King
           Richard
           the
           second
           ,
           Hanged
           and
           Executed
           ,
           the
           Duke
           of
           Ireland
           banished
           ,
           some
           others
           not
           so
           much
           punished
           ,
           and
           many
           of
           their
           Complices
           pardoned
           ,
           the
           people
           that
           did
           not
           know
           how
           soon
           they
           might
           want
           Pardons
           for
           themselves
           ,
           did
           not
           afflict
           themselves
           or
           their
           Sovereign
           with
           Complaints
           and
           Murmurings
           that
           all
           were
           not
           Hanged
           and
           put
           to
           the
           extremities
           of
           Punishment
           ;
           nor
           was
           Richard
           Earl
           of
           Arundel
           ,
           one
           of
           the
           fierce
           Appellants
           in
           that
           Matter
           ,
           vexed
           at
           the
           pardoning
           of
           others
           ,
           
           when
           he
           in
           a
           Revolution
           and
           Storm
           of
           State
           was
           within
           ten
           years
           after
           glad
           to
           make
           use
           of
           a
           Pardon
           for
           himself
           .
        
         
           King
           James
           pardoned
           Sir
           
             Walter
             Rawleigh
          
           ,
           the
           Lord
           Cobham
           ,
           Sir
           
             Griffin
             Markham
          
           with
           many
           others
           then
           guilty
           of
           Treason
           ,
           and
           the
           Earl
           of
           Somerset
           and
           his
           Lady
           ,
           for
           the
           Murder
           of
           Sir
           
             Thomas
             Overbury
          
           ,
           without
           any
           commotion
           in
           the
           Brains
           of
           
           the
           rest
           of
           his
           Subjects
           ,
           some
           of
           whom
           were
           much
           disturbed
           that
           he
           after
           caused
           Sir
           
             Walter
             Rawleigh
          
           to
           be
           executed
           for
           a
           second
           offence
           upon
           the
           Score
           of
           the
           former
           ,
           not
           at
           all
           pardoned
           ,
           but
           reprieved
           or
           only
           respited
           .
        
         
           And
           therefore
           whilest
           we
           cry
           out
           and
           wonder
           
             quantum
             mutantur
             tempora
          
           ,
           may
           seek
           and
           never
           find
           what
           ever
           was
           or
           can
           be
           any
           necessary
           cause
           or
           consequence
           that
           the
           
             five
             Lords
          
           accused
           of
           High
           Treason
           ,
           and
           a
           design
           of
           killing
           the
           King
           ,
           will
           be
           sure
           to
           have
           a
           Pardon
           ,
           if
           that
           the
           Pardon
           of
           the
           Earl
           of
           Danby
           ,
           whose
           design
           must
           be
           understood
           by
           all
           men
           rather
           to
           preserve
           him
           ,
           shall
           be
           allowed
           .
        
         
           Nor
           doth
           an
           Impeachment
           of
           the
           House
           of
           Commons
           virtually
           ,
           or
           ever
           can
           from
           the
           first
           Constitution
           of
           it
           be
           proved
           or
           appear
           to
           be
           the
           voice
           of
           every
           particular
           Subject
           of
           the
           Kingdom
           ;
           for
           if
           we
           may
           believe
           Mr.
           
             William
             Pryn
          
           ,
           one
           of
           their
           greatest
           Champions
           ,
           and
           the
           Records
           of
           the
           Nation
           and
           Parliaments
           ,
           the
           Commons
           in
           Parliament
           do
           not
           ,
           or
           ever
           did
           Represent
           ,
           or
           are
           Procurators
           for
           the
           Lords
           Spiritual
           and
           Temporal
           and
           their
           numerous
           Tenants
           
           and
           ancient
           Baronies
           ,
           and
           those
           that
           hold
           or
           do
           now
           hold
           in
           Capite
           ,
           nor
           for
           the
           many
           Tenants
           that
           should
           be
           of
           the
           Kings
           ancient
           Demesne
           and
           Revenues
           ,
           nor
           for
           the
           Clergy
           ,
           the
           multitude
           of
           Copyholders
           heretofore
           ,
           as
           much
           as
           the
           fourth
           part
           of
           the
           Kingdom
           ,
           neither
           the
           great
           number
           of
           Lease-holders
           ,
           Cottagers
           ,
           
           &c.
           that
           are
           not
           Freeholders
           ,
           Citizens
           or
           Trades-men
           ,
           nor
           can
           all
           the
           Members
           of
           the
           Body
           Politick
           be
           equally
           wounded
           in
           their
           Estates
           or
           concernments
           by
           the
           vain
           imaginations
           ,
           causless
           fears
           ,
           and
           jealousies
           and
           bugbears
           of
           other
           seditious
           or
           fanciful
           Mens
           own
           making
           .
        
         
           And
           to
           men
           that
           have
           not
           yet
           proceeded
           so
           far
           in
           the
           School
           of
           Revelation
           as
           to
           be
           sure
           of
           the
           Spirit
           of
           Prophesie
           ,
           it
           may
           prove
           a
           matter
           of
           ill
           consequence
           that
           the
           universality
           of
           the
           People
           should
           have
           occasion
           ministred
           and
           continued
           to
           them
           to
           be
           apprehensive
           of
           utmost
           dangers
           from
           the
           Crown
           ,
           from
           whence
           they
           of
           right
           expect
           Protection
           .
        
         
           And
           a
           Wonder
           next
           a
           Miracle
           ,
           from
           whence
           the
           Premisses
           to
           such
           a
           trembling
           and
           timorous
           conclusion
           can
           be
           fetched
           ,
           or
           how
           a
           People
           ,
           whose
           valiant
           and
           wiser
           Forefathers
           
           were
           never
           heretofore
           scared
           with
           such
           
             panick
             fears
          
           ,
           nor
           wont
           to
           be
           affrighted
           with
           such
           Phantasmes
           ,
           should
           now
           suspect
           they
           can
           have
           no
           Protection
           from
           the
           Crown
           ,
           when
           some
           of
           them
           do
           at
           the
           same
           time
           labour
           all
           they
           can
           to
           hinder
           it
           .
        
         
           Or
           how
           it
           should
           happen
           in
           the
           long
           Rebellious
           Parliament
           that
           after
           Mr.
           Chaloner
           a
           Linnen
           Draper
           of
           London
           ,
           was
           hanged
           for
           Plotting
           a
           Surprize
           of
           the
           City
           of
           London
           and
           reducing
           it
           to
           the
           Kings
           obedience
           ,
           honest
           Mr.
           Abbot
           the
           Scrivener
           should
           be
           pardoned
           without
           any
           such
           discontent
           and
           murmuring
           of
           the
           People
           ,
           or
           that
           
             Oliver
             Cromwell
          
           should
           not
           be
           debarred
           of
           his
           Power
           of
           Pardoning
           in
           his
           
             Instrument
             of
             Government
          
           ,
           and
           be
           allowed
           to
           Pardon
           the
           Lord
           Mordant
           for
           a
           supposed
           Treason
           against
           his
           usurped
           Authority
           ;
           and
           our
           King
           deriving
           his
           Authority
           ,
           legally
           vested
           in
           Him
           and
           His
           Royal
           Ancestors
           ,
           for
           more
           than
           one
           thousand
           years
           before
           ,
           may
           not
           adventure
           to
           do
           it
           without
           the
           utter
           undoing
           and
           ruine
           of
           his
           Subjects
           in
           their
           Properties
           ,
           Lives
           and
           Estates
           ,
           by
           His
           pardoning
           of
           some
           Capital
           Offenders
           :
           Or
           why
           it
           should
           not
           be
           as
           lawful
           and
           convenient
           for
           
           the
           King
           to
           grant
           Pardons
           to
           some
           other
           Men
           ,
           as
           to
           Doctor
           Oates
           or
           Mr.
           Bedlow
           .
        
         
           When
           no
           Histories
           
             Jewish
             ,
             Pagan
          
           or
           Christian
           ,
           can
           shew
           us
           a
           People
           Petitioning
           their
           Kings
           ,
           that
           they
           would
           not
           Pardon
           ,
           when
           all
           are
           not
           like
           to
           be
           Saints
           or
           Faultless
           ,
           and
           it
           will
           ever
           be
           better
           to
           leave
           it
           to
           the
           Hearts
           of
           Kings
           ,
           and
           God
           that
           directs
           them
           ,
           than
           to
           believe
           Tyranny
           to
           be
           a
           Blessing
           ,
           and
           Petition
           for
           it
           .
        
         
           And
           the
           most
           exact
           search
           that
           can
           be
           made
           ,
           when
           it
           findeth
           the
           Commons
           petitioning
           in
           Parliament
           to
           the
           King
           or
           House
           of
           Peers
           ,
           that
           they
           may
           be
           present
           at
           some
           Tryals
           there
           ,
           upon
           their
           Impeachments
           ,
           cannot
           meet
           with
           any
           one
           President
           where
           they
           ever
           desired
           ,
           or
           were
           granted
           such
           a
           reasonless
           Request
           ,
           pursued
           and
           set
           on
           by
           other
           Mens
           Designs
           to
           have
           one
           Mans
           Tryal
           had
           before
           another
           ,
           and
           by
           strugling
           and
           wrestling
           for
           it
           ,
           expose
           the
           King
           and
           Kingdom
           to
           an
           utter
           destruction
           .
        
         
           And
           therefore
           in
           those
           their
           fond
           importunities
           might
           do
           well
           to
           tarry
           until
           they
           can
           find
           some
           Reason
           why
           the
           Lords
           Spiritual
           may
           not
           Vote
           or
           Sit
           as
           Judges
           or
           Peers
           in
           Parliament
           ,
           in
           the
           Case
           of
           the
           five-Lords
           ,
           as
           well
           as
           of
           the
           Earl
           of
           Danby
           .
        
         
         
           Or
           any
           President
           that
           it
           is
           or
           hath
           been
           according
           to
           Parliamentary
           proceedings
           to
           have
           any
           such
           Vote
           or
           Request
           made
           by
           the
           Commons
           in
           Parliament
           .
        
         
           Who
           neither
           were
           or
           should
           be
           so
           omnipotent
           in
           the
           opinion
           of
           Hobart
           and
           Hutton
           and
           other
           the
           learned
           Judges
           of
           England
           ,
           as
           to
           make
           a
           Punishment
           before
           a
           Law
           ,
           or
           Laws
           with
           a
           Retrospect
           ,
           which
           God
           himself
           did
           never
           allow
           ,
           but
           should
           rather
           believe
           that
           Laws
           enacted
           contrary
           to
           the
           
             Laws
             of
             God
          
           and
           Morality
           ,
           or
           that
           no
           Aids
           or
           Help
           are
           to
           be
           given
           to
           the
           King
           
             pro
             bono
             publico
          
           ,
           or
           that
           there
           should
           be
           no
           Customs
           or
           Prescription
           ,
           or
           that
           the
           King
           should
           be
           governed
           by
           His
           People
           ,
           would
           be
           so
           far
           from
           gaining
           an
           Obedience
           to
           such
           Laws
           or
           Acts
           of
           Parliament
           as
           to
           render
           them
           ,
           to
           be
           
             ipso
             facto
          
           null
           and
           of
           none
           effect
           .
        
         
           When
           the
           King
           hath
           been
           as
           careful
           to
           distribute
           Justice
           as
           his
           Mercy
           ,
           without
           violence
           to
           his
           Laws
           and
           well-inform'd
           Conscience
           hath
           sometimes
           perswaded
           him
           to
           Pardon
           ,
           to
           do
           Justice
           ,
           or
           to
           cause
           it
           to
           be
           done
           in
           a
           legal
           and
           due
           manner
           ,
           and
           is
           so
           appropriate
           to
           the
           Office
           and
           Power
           of
           a
           King
           ,
           so
           annext
           ,
           appendant
           and
           a
           part
           of
           
           it
           ,
           as
           none
           but
           His
           Delegates
           are
           to
           intermeddle
           or
           put
           any
           limits
           thereunto
           ,
           and
           if
           it
           should
           not
           be
           so
           solely
           inherent
           in
           Him
           would
           be
           either
           in
           abeyance
           or
           no
           where
           .
        
         
           For
           the
           House
           of
           Commons
           are
           neither
           a
           Judicature
           or
           sworn
           to
           do
           Justice
           ,
           
           and
           if
           they
           were
           ,
           would
           be
           both
           Judges
           and
           Parties
           ,
           and
           the
           Lords
           Spiritual
           and
           Temporal
           are
           not
           as
           to
           particular
           proceedings
           sworn
           but
           meerly
           consultive
           ;
           So
           as
           Justice
           can
           vest
           in
           none
           but
           the
           King
           ,
           who
           is
           by
           his
           Coronation-Oath
           only
           sworn
           to
           do
           it
           ,
           if
           His
           Right
           of
           Inheritance
           and
           greater
           Concernments
           than
           any
           of
           His
           Subjects
           ,
           did
           not
           abundantly
           ingage
           and
           prompt
           Him
           thereunto
           ;
           and
           is
           therefore
           so
           every
           way
           ,
           and
           at
           all
           times
           obliged
           to
           do
           Justice
           and
           Protect
           the
           Lives
           ,
           Estates
           ,
           Peace
           and
           Liberty
           of
           His
           Subjects
           ,
           as
           he
           is
           with
           all
           convenient
           speed
           and
           hast
           to
           Try
           or
           bring
           to
           Judgment
           ,
           a
           Subject
           accused
           of
           Treason
           by
           the
           Houses
           of
           Lords
           and
           Commons
           ,
           both
           or
           either
           of
           them
           in
           His
           Court
           of
           Kings-Bench
           before
           the
           Justices
           thereof
           ,
           or
           by
           special
           Commission
           by
           a
           Lord
           High
           Steward
           in
           or
           without
           the
           time
           of
           Parliament
           .
        
         
         
           And
           the
           King
           may
           acquit
           (
           which
           amounteth
           to
           a
           Remission
           or
           Pardon
           )
           by
           a
           more
           Supreme
           Authority
           than
           any
           of
           His
           Judges
           (
           some
           particular
           Cases
           wherein
           Appeals
           are
           ,
           or
           may
           be
           brought
           ,
           only
           excepted
           )
           do
           ordinarily
           by
           an
           authority
           derived
           from
           no
           other
           ,
           not
           to
           be
           debarred
           by
           probabilities
           ,
           or
           possibilities
           ,
           or
           by
           consequences
           ,
           not
           always
           to
           be
           foreseen
           or
           avoided
           .
        
         
           For
           a
           Man
           pardoned
           for
           Man-slaughter
           ,
           may
           be
           so
           unhappy
           as
           in
           the
           like
           manner
           afterwards
           to
           be
           the
           death
           of
           five
           or
           ten
           more
           ;
           20000.
           
           Rebells
           pardoned
           at
           a
           time
           as
           in
           the
           Insurrections
           of
           
             Wat
             Tyler
             ,
             Jack
             Cade
             ,
             &c.
          
           may
           be
           guilty
           of
           the
           like
           Offence
           ,
           twenty
           or
           forty
           years
           after
           :
           The
           Lord
           Mayor
           of
           London
           that
           hath
           an
           allowance
           of
           Tolls
           and
           Profits
           to
           take
           a
           care
           of
           the
           City
           and
           wholsomness
           of
           Food
           ,
           might
           be
           ,
           as
           they
           are
           ,
           too
           much
           careless
           and
           undo
           them
           in
           their
           Health
           and
           well
           being
           .
        
         
           The
           Judges
           may
           as
           those
           in
           the
           Reign
           of
           King
           Edward
           the
           First
           ,
           and
           Thorp
           in
           the
           Reign
           of
           King
           Edward
           the
           Third
           ,
           be
           guilty
           of
           Misdemeanours
           ,
           yet
           that
           is
           not
           to
           bereave
           us
           of
           that
           good
           which
           better
           Men
           
           may
           do
           us
           in
           their
           administration
           of
           Justice
           ,
           our
           Kings
           have
           granted
           Priviledges
           ,
           to
           certain
           Cities
           and
           Towns
           not
           to
           pay
           Subsidies
           ,
           and
           granted
           Pardons
           as
           their
           Mercies
           and
           right
           reason
           inclined
           them
           ,
           in
           the
           course
           of
           their
           several
           Reigns
           for
           many
           Ages
           last
           past
           ,
           yet
           have
           not
           acquitted
           or
           left
           unpunished
           all
           the
           Offenders
           ever
           since
           ,
           there
           being
           a
           greater
           likelyhood
           that
           they
           would
           not
           be
           so
           easie
           in
           pardoning
           ,
           where
           they
           were
           to
           gain
           so
           much
           by
           Attainders
           ,
           Fines
           and
           Forfeitures
           .
        
         
           And
           therefore
           panick
           &
           vain
           Fears
           ,
           such
           as
           
             in
             constantem
             virum
             cadere
             non
             possunt
             ,
          
           should
           not
           be
           permitted
           to
           affright
           our
           better
           to
           be
           imployed
           Imaginations
           ,
           unless
           we
           had
           a
           mind
           to
           be
           as
           wise
           as
           a
           small
           and
           pleasant
           Courtier
           of
           King
           Henry
           the
           Eighths
           who
           would
           never
           endure
           to
           pass
           in
           a
           Boat
           under
           
           London-Bridge
           lest
           it
           should
           fall
           upon
           his
           Head
           ,
           because
           it
           might
           once
           happen
           to
           do
           so
           .
        
         
           Our
           Magna
           Charta's
           and
           all
           our
           Laws
           which
           ordain
           
             no
             man
             to
             be
             condemned
             or
             punished
             without
             Tryal
             by
             his
             Peers
             ,
          
           do
           allow
           it
           where
           it
           is
           by
           Confession
           ,
           Outlawry
           ,
           &c.
           and
           no
           Verdict
           .
        
         
         
           Did
           never
           think
           it
           fit
           that
           Publick
           Dangers
           ,
           such
           as
           Treason
           should
           tarry
           ,
           where
           Justice
           may
           as
           well
           be
           done
           otherwise
           without
           any
           precise
           Formalities
           to
           be
           used
           therein
           .
        
         
           For
           although
           it
           may
           be
           best
           done
           by
           the
           advice
           of
           the
           Kings
           greatest
           Council
           the
           Parliament
           ,
           there
           is
           no
           Law
           or
           reasonable
           Custom
           of
           England
           either
           by
           Act
           of
           Parliament
           ,
           or
           without
           ,
           that
           restrains
           the
           King
           to
           do
           it
           only
           in
           the
           time
           of
           Parliament
           .
        
         
           When
           the
           Returns
           ,
           Law-Days
           and
           Terms
           appointed
           and
           fixt
           ,
           have
           ever
           given
           place
           to
           our
           Kings
           Commissions
           of
           Oyer
           and
           Terminer
           ,
           Inquiries
           ,
           &c.
           upon
           special
           and
           emergent
           occasions
           .
        
         
           And
           notwithstanding
           it
           will
           be
           always
           adviseable
           that
           Kings
           should
           be
           assisted
           by
           their
           greatest
           Council
           ,
           when
           it
           may
           be
           had
           yet
           there
           is
           no
           Law
           or
           Act
           of
           Parliament
           extant
           ,
           or
           any
           right
           reason
           or
           consideration
           to
           bind
           Him
           from
           making
           use
           of
           His
           ordinary
           Council
           in
           a
           Case
           of
           great
           and
           importunate
           necessity
           for
           the
           Tryal
           of
           Peers
           by
           their
           Peers
           ,
           before
           a
           
             Lord
             High
             Steward
          
           ,
           attended
           by
           the
           Kings
           learned
           Judges
           of
           the
           Law.
           
        
         
         
           For
           Cases
           of
           Treason
           ,
           Felony
           and
           Trespass
           ,
           being
           excepted
           out
           of
           Parliament
           ,
           first
           and
           last
           granted
           and
           indulged
           Priviledges
           by
           our
           and
           their
           Kings
           and
           Princes
           ,
           there
           can
           be
           no
           solid
           Reason
           or
           cogent
           Argument
           to
           perswade
           any
           man
           that
           the
           King
           cannot
           for
           the
           preservation
           of
           Himself
           and
           His
           People
           ,
           in
           the
           absence
           or
           interval
           of
           Parliaments
           ,
           punish
           and
           try
           Offenders
           in
           Cases
           of
           Treason
           ,
           without
           which
           there
           can
           be
           no
           Justice
           ,
           Protection
           or
           Government
           ,
           if
           the
           Power
           of
           the
           King
           and
           Supreme
           Magistrate
           shall
           be
           tyed
           up
           by
           such
           ,
           or
           the
           like
           as
           may
           happen
           ,
           Obstructions
           .
        
         
           So
           until
           the
           Honourable
           House
           of
           Commons
           can
           produce
           some
           or
           any
           Law
           ,
           Agreement
           ,
           Pact
           ,
           Concession
           ,
           Liberty
           or
           Priviledge
           to
           Sit
           and
           Counsel
           the
           King
           ,
           whether
           he
           will
           or
           no
           ,
           as
           long
           as
           any
           of
           their
           Petitions
           remain
           unanswered
           (
           which
           they
           never
           yet
           could
           or
           can
           )
           (
           those
           grand
           Impostures
           and
           Figments
           of
           the
           
             Modus
             tenendi
             Parliamenta
          
           and
           the
           supposed
           
             Mirror
             of
             Justice
          
           ,
           being
           as
           they
           ought
           to
           be
           rejected
           )
           when
           the
           Parliament
           Records
           will
           witness
           that
           many
           Petitions
           have
           ,
           for
           want
           of
           time
           (
           most
           of
           the
           ancient
           Parliaments
           not
           
           expending
           much
           of
           it
           )
           been
           adjourned
           to
           be
           determined
           in
           other
           Courts
           ,
           as
           in
           the
           Case
           of
           Staunton
           in
           14
           E.
           3.
           and
           days
           have
           been
           limited
           to
           the
           Commons
           for
           the
           exhibiting
           of
           their
           Petitions
           ;
           the
           Petitions
           of
           the
           Corbers
           depended
           all
           the
           Reigns
           of
           King
           Edward
           the
           First
           and
           Second
           ,
           until
           the
           eleventh
           year
           of
           Edward
           the
           Third
           ,
           which
           was
           about
           sixty
           six
           years
           ,
           and
           divers
           Petitions
           not
           dispatched
           ,
           have
           in
           the
           Reign
           of
           King
           Richard
           the
           Second
           ,
           been
           by
           the
           King
           referred
           to
           the
           Chancellor
           and
           sometimes
           with
           a
           direction
           to
           call
           to
           his
           assistance
           the
           Justices
           and
           the
           
             Kings
             Serjeants
          
           at
           Law
           ,
           and
           the
           Commons
           themselves
           have
           at
           other
           times
           prayed
           
             to
             have
             their
             Petitions
             determined
             by
             the
             Councel
             of
             the
             King
          
           or
           by
           the
           
             Lord
             Chancellor
          
           .
           And
           there
           will
           be
           reason
           to
           believe
           that
           in
           Cases
           of
           urgent
           necessity
           for
           publick
           safety
           ,
           the
           King
           is
           &
           ought
           to
           be
           at
           liberty
           to
           try
           &
           punish
           great
           and
           dangerous
           Offenders
           without
           His
           Great
           Council
           of
           Parliament
           .
        
         
           The
           Petitions
           in
           Parliament
           touching
           the
           pardoning
           of
           
             Richard
             Lyons
             ,
             John
             Peachie
             ,
             Alice
             Peirce
             ,
             &c.
          
           and
           a
           long
           process
           of
           
             William
             Montacute
          
           Earl
           of
           Salisbury
           were
           renewed
           and
           repeated
           again
           in
           the
           Parliament
           
           of
           the
           first
           of
           Richard
           the
           Second
           ,
           because
           the
           Parliament
           was
           ended
           before
           they
           could
           be
           answered
           .
        
         
           Anno
           1.
           of
           King
           Richard
           the
           Second
           ,
           John
           Lord
           of
           Gomenez
           formerly
           committed
           to
           the
           Tower
           for
           delivering
           up
           of
           the
           Town
           of
           Ardes
           in
           that
           Kings
           time
           ,
           of
           which
           he
           took
           upon
           him
           the
           safe
           keeping
           in
           the
           time
           of
           King
           Edward
           the
           Third
           ,
           and
           his
           excuse
           being
           disproved
           ,
           
           the
           Lords
           gave
           Judgment
           that
           he
           should
           dye
           ,
           but
           in
           regard
           he
           was
           a
           Gentleman
           and
           a
           Baronet
           and
           had
           otherwise
           well
           served
           ,
           should
           be
           beheaded
           and
           Judgment
           respited
           until
           the
           King
           should
           be
           thereof
           fully
           informed
           ,
           and
           was
           thereupon
           returned
           again
           to
           the
           Tower.
           
        
         
           King
           Henry
           the
           Second
           ,
           did
           not
           tarry
           for
           the
           assembling
           a
           Parliament
           to
           try
           
             Henry
             de
             Essex
          
           ,
           his
           Standard-bearer
           ,
           whom
           he
           disherited
           for
           throwing
           it
           down
           and
           affrighting
           his
           Host
           or
           disheartning
           it
           .
        
         
           16
           
             E.
             2.
             
             Henry
             de
             bello
             monte
          
           a
           Baron
           refusing
           to
           come
           to
           Parliament
           upon
           Summons
           was
           by
           the
           King
           ,
           Lords
           and
           Council
           ,
           and
           the
           Judges
           ,
           and
           Barons
           of
           the
           Exchequer
           then
           assisting
           committed
           for
           his
           contempt
           to
           Prison
           .
        
         
         
           
             Anno
             3
             E.
          
           3.
           the
           Bishop
           of
           Winchester
           was
           indicted
           in
           the
           Kings-Bench
           for
           departing
           from
           the
           Parliament
           at
           Salisbury
           .
        
         
           Neither
           did
           Henry
           the
           Eight
           forbear
           the
           beheading
           of
           His
           great
           Vicar-General
           Cromwell
           ,
           upon
           none
           or
           a
           very
           small
           evidenced
           Treason
           ,
           until
           a
           Parliament
           should
           be
           Assembled
           .
        
         
           The
           Duke
           of
           Somerset
           was
           Indicted
           of
           Treason
           and
           Felony
           ,
           the
           second
           of
           
             December
             ,
             Anno
             3
             &
             4
             Edwardi
          
           6.
           sitting
           the
           Parliament
           ,
           which
           began
           the
           fourth
           day
           of
           November
           ,
           in
           the
           third
           year
           of
           His
           Reign
           ,
           and
           ended
           the
           first
           day
           of
           February
           in
           the
           fourth
           ,
           was
           acquitted
           by
           his
           Peers
           for
           Treason
           ,
           but
           found
           guilty
           of
           Felony
           ,
           for
           which
           neglecting
           to
           demand
           his
           Clergy
           he
           was
           put
           to
           Death
           .
        
         
           In
           the
           Reign
           of
           King
           Philip
           and
           Queen
           Mary
           ,
           
           thirty
           nine
           of
           the
           House
           of
           Commons
           in
           Parliament
           (
           whereof
           the
           famous
           Lawyer
           
             Edmond
             Plowden
          
           was
           one
           )
           were
           Indicted
           in
           the
           Court
           of
           Kings-Bench
           ,
           for
           being
           absent
           without
           License
           from
           the
           Parliament
           .
        
         
           Queen
           Elizabeth
           Charged
           and
           Tryed
           for
           Treason
           ,
           and
           Executed
           Mary
           Queen
           of
           Scots
           
           her
           Feudatory
           ,
           without
           the
           Advice
           of
           Parliament
           ,
           and
           did
           the
           like
           with
           Robert
           Earl
           of
           Essex
           her
           special
           Favourite
           ,
           for
           in
           such
           Cases
           of
           publick
           and
           general
           Dangers
           ,
           the
           shortest
           delays
           have
           not
           seldom
           proved
           to
           be
           fatally
           mischievous
           .
        
         
           And
           howsoever
           it
           was
           in
           the
           Case
           of
           Stratford
           ,
           Archbishop
           of
           Canterbury
           in
           the
           fifteenth
           year
           of
           the
           Reign
           of
           King
           Edward
           the
           Third
           ,
           declared
           that
           the
           Peers
           
             de
             la
             terre
             ne
             doivent
             estre
             arestez
             ne
             mesnez
             en
             Jugement
             ,
             Si
             non
             en
             Parlement
             &
             par
             leur
             Pairres
             ,
          
           yet
           when
           there
           is
           no
           Parliament
           ,
           though
           by
           the
           Common-Law
           their
           Persons
           may
           not
           then
           also
           be
           Arrested
           at
           a
           common
           persons
           Suit
           ,
           they
           may
           by
           other
           ways
           be
           brought
           to
           Judgment
           in
           any
           other
           Court.
           
        
         
           And
           Charges
           put
           in
           by
           the
           Commons
           in
           the
           House
           of
           Peers
           ,
           against
           any
           of
           the
           Peers
           have
           been
           dissolved
           with
           it
           .
        
         
           For
           Sir
           
             Edward
             Coke
          
           hath
           declared
           it
           to
           be
           according
           to
           the
           Law
           and
           reasonable
           Customs
           of
           England
           ,
           
           followed
           by
           the
           modern
           practice
           ,
           that
           the
           giving
           any
           Judgment
           in
           Parliament
           doth
           not
           make
           is
           a
           Session
           ,
           and
           that
           such
           Bills
           as
           passed
           in
           either
           or
           both
           Houses
           ,
           and
           had
           no
           Royal
           Assent
           
           unto
           them
           ,
           must
           at
           the
           next
           Assembly
           begin
           again
           ;
           for
           every
           Session
           of
           Parliament
           is
           in
           Law
           (
           where
           any
           Bill
           hath
           gained
           the
           Royal
           Assent
           ,
           or
           any
           Record
           upon
           a
           Writ
           of
           Error
           brought
           in
           the
           House
           of
           Peers
           hath
           been
           certified
           )
           is
           and
           hath
           been
           accompted
           to
           have
           been
           a
           Session
           .
        
         
           And
           although
           some
           of
           this
           later
           quarrelling
           Age
           have
           Espoused
           an
           Opinion
           ,
           too
           much
           insisted
           upon
           ,
           that
           an
           Impeachment
           brought
           by
           the
           House
           of
           Commons
           against
           any
           one
           makes
           the
           supposed
           Offence
           ,
           until
           it
           be
           Tryed
           ,
           unpardonable
           .
        
         
           A
           Reason
           whereof
           is
           undertaken
           to
           be
           given
           ,
           because
           that
           in
           all
           Ages
           it
           hath
           been
           an
           undoubted
           Right
           of
           the
           Commons
           to
           Impeach
           before
           the
           Lords
           any
           Subject
           for
           Treason
           or
           any
           Crime
           whatsoever
           .
        
         
           And
           the
           Reason
           of
           that
           Reason
           is
           (
           supposed
           to
           be
           )
           because
           great
           Offences
           complained
           of
           in
           Parliament
           ,
           are
           most
           effectually
           determined
           in
           Parliament
           .
        
         
           Wherein
           they
           that
           are
           of
           that
           Opinion
           may
           be
           intreated
           to
           take
           into
           their
           more
           serious
           consideration
           ;
        
         
           That
           there
           neither
           is
           ,
           nor
           ever
           was
           ,
           any
           House
           
           or
           Members
           of
           Commons
           in
           Parliament
           ,
           before
           the
           Imprisonment
           of
           King
           H.
           3.
           by
           a
           Rebellious
           part
           of
           his
           Subjects
           ,
           in
           the
           Forty
           ninth
           year
           of
           his
           Reign
           ,
           or
           any
           kind
           of
           fair
           or
           just
           evidence
           for
           it
           .
        
         
           Factious
           designing
           and
           fond
           conjectures
           being
           not
           amongst
           good
           Patriots
           ,
           or
           the
           Sons
           of
           Wisdom
           ever
           accompted
           to
           be
           a
           sufficient
           ,
           or
           any
           evidence
           .
        
         
           Nor
           was
           the
           House
           of
           Lords
           from
           its
           first
           and
           more
           ancient
           original
           ,
           intituled
           under
           their
           King
           to
           a
           Judicative
           Power
           to
           their
           Kings
           ,
           in
           common
           or
           ordinary
           Affairs
           ,
           but
           in
           arduis
           ,
           and
           not
           in
           all
           things
           of
           that
           nature
           ,
           but
           in
           quibusdam
           ,
           as
           the
           King
           should
           propose
           and
           desire
           their
           advice
           ,
           concerning
           the
           Kingdom
           and
           Church
           ,
           in
           matters
           of
           Treason
           or
           publick
           concernments
           ,
           and
           did
           understand
           themselves
           ,
           and
           that
           high
           and
           honourable
           Court
           ,
           to
           be
           so
           much
           forbid
           by
           Law
           ,
           ancient
           usage
           and
           custom
           to
           intermeddle
           with
           petty
           or
           small
           Crimes
           or
           Matters
           ,
           as
           our
           Kings
           have
           ever
           since
           the
           sixth
           year
           of
           the
           Reign
           of
           King
           Edward
           the
           first
           ,
           
           ordained
           some
           part
           of
           the
           Honourable
           House
           of
           Peers
           ,
           to
           be
           Receivers
           and
           Tryers
           of
           Petitions
           of
           the
           Members
           of
           the
           House
           
           of
           Commons
           themselves
           and
           others
           ,
           directed
           to
           the
           King
           ,
           to
           admit
           what
           they
           found
           could
           have
           no
           remedy
           in
           the
           ordinary
           Courts
           of
           Justice
           ,
           and
           reject
           such
           as
           were
           properly
           elsewhere
           to
           be
           determined
           ,
           with
           an
           Indorsement
           of
           
             non
             est
             Petitio
             Parliamenti
          
           .
        
         
           Which
           may
           well
           be
           believed
           to
           have
           taken
           much
           of
           its
           reason
           and
           ground
           from
           a
           Law
           made
           by
           King
           Canutus
           who
           began
           his
           Reign
           about
           the
           year
           of
           our
           Lord
           ,
           
           1016.
           
           
             Nemo
             de
             injuriis
             alterius
             Regi
             queratur
             nisi
             quidem
             in
             Centuria
             Justitiam
             consequi
             &
             impetrare
             non
             poterit
             .
          
        
         
           For
           certainly
           ,
           if
           it
           should
           be
           otherwise
           ,
           the
           reason
           and
           foundation
           of
           that
           highest
           Court
           would
           not
           be
           as
           it
           hath
           been
           hitherto
           ,
           always
           understood
           to
           be
           with
           a
           Cognisance
           only
           
             de
             quibusdam
             arduis
          
           ,
           matters
           of
           a
           very
           high
           nature
           concerning
           the
           King
           and
           the
           Church
           .
        
         
           But
           it
           must
           have
           silenced
           all
           other
           Courts
           and
           Jurisdictions
           ,
           and
           have
           been
           a
           continual
           Parliament
           ,
           a
           Goal-delivery
           or
           an
           intermedler
           in
           Matters
           as
           low
           as
           Court
           Leets
           ,
           or
           Baron
           and
           County
           Courts
           ,
           and
           a
           
             Pye-Powder
             Court.
          
           
        
         
           And
           the
           words
           of
           any
           Crime
           whatsoever
           
           do
           not
           properly
           signifie
           great
           Offences
           ,
           and
           that
           all
           great
           Offences
           do
           concern
           the
           Parliament
           ,
           is
           without
           a
           Key
           to
           unlock
           the
           Secret
           not
           at
           all
           intelligible
           ,
           when
           it
           was
           never
           instituted
           or
           made
           to
           be
           a
           Court
           for
           common
           or
           ordinary
           Criminals
           .
        
         
           For
           the
           House
           of
           Commons
           were
           never
           wont
           to
           take
           more
           upon
           them
           than
           to
           be
           Petitioners
           and
           Assenters
           unto
           such
           things
           as
           the
           King
           by
           the
           advice
           of
           His
           Lords
           Spiritual
           and
           Temporal
           should
           ordain
           ,
           and
           obey
           ,
           and
           endeavour
           to
           perform
           them
           .
        
         
           And
           an
           Impeachment
           of
           the
           House
           of
           Commons
           cannot
           be
           said
           to
           be
           in
           the
           Name
           ,
           or
           on
           the
           behalf
           of
           all
           the
           People
           of
           England
           ,
           for
           that
           they
           never
           did
           or
           can
           represent
           the
           one
           half
           of
           them
           ,
           and
           if
           they
           will
           be
           pleased
           to
           examine
           the
           Writs
           and
           Commissions
           granted
           by
           our
           Kings
           for
           their
           Election
           ,
           and
           the
           purpose
           of
           the
           Peoples
           Election
           of
           them
           to
           be
           their
           Representatives
           ,
           Substitutes
           or
           Procurators
           ,
           it
           will
           not
           extend
           to
           accuse
           Criminals
           ,
           for
           that
           appertained
           to
           the
           King
           himself
           and
           His
           Laws
           ,
           care
           of
           Justice
           and
           the
           Publick
           ;
           the
           Common
           People
           had
           their
           Inferiour
           Courts
           and
           Grand
           Juries
           ,
           Assises
           and
           Goal-Deliveries
           to
           
           dispatch
           such
           Affairs
           without
           immediately
           troubling
           Him
           or
           His
           Parliament
           ,
           and
           the
           tenour
           and
           purpose
           of
           their
           Commissions
           and
           Elections
           to
           Parliament
           ,
           is
           no
           more
           than
           
             ad
             faciendum
             &
             consentiendum
             iis
          
           to
           obey
           and
           perform
           such
           things
           as
           the
           King
           ,
           by
           the
           advice
           of
           His
           Lords
           Spiritual
           and
           Temporal
           ,
           should
           in
           Parliament
           ordain
           .
        
         
           For
           although
           where
           the
           Wife
           or
           Children
           of
           a
           Man
           murdered
           shall
           bring
           an
           Appeal
           ,
           the
           King
           is
           debarred
           from
           giving
           a
           Pardon
           ,
           
           because
           by
           our
           Saxon
           Laws
           derived
           from
           the
           Laws
           of
           God
           ,
           they
           are
           not
           to
           be
           disturbed
           in
           that
           satisfaction
           which
           they
           ought
           to
           have
           by
           the
           loss
           or
           death
           of
           the
           Man
           murdered
           .
        
         
           Yet
           the
           publick
           Justice
           will
           not
           be
           satisfied
           without
           the
           party
           offending
           be
           Arraigned
           and
           brought
           to
           Judgment
           for
           it
           ,
           if
           the
           party
           that
           hath
           right
           to
           Appeal
           should
           surcease
           or
           be
           bought
           off
           ,
           so
           as
           an
           Appeal
           may
           be
           brought
           after
           or
           before
           the
           King
           hath
           Indicted
           ,
           and
           an
           
             auter
             foitz
             acquit
          
           in
           the
           one
           case
           will
           not
           prejudice
           in
           the
           other
           ,
           and
           where
           the
           Matter
           of
           Fact
           comes
           to
           be
           afterwards
           fully
           proved
           ,
           and
           the
           Appeal
           of
           a
           Wife
           or
           Children
           of
           a
           Bastard
           called
           
             filius
             
             populi
             ,
             quia
             nullius
             filius
             ,
          
           where
           only
           the
           King
           is
           Heir
           ,
           cannot
           vacate
           or
           supersede
           an
           Indictment
           of
           the
           Kings
           .
        
         
           
             Neither
             is
             an
             Appeal
             upon
             a
             Crime
             or
             in
             criminal
             Matters
             ,
             in
             the
             first
             instance
             to
             be
             at
             all
             pursued
             in
             Parliament
             ,
             by
             the
             Statute
             made
             in
             the
             First
             year
             of
             the
             Reign
             of
             King
          
           H.
           4.
           
             the
             words
             whereof
             are
          
           ,
           
           Item
           for
           many
           great
           inconveniencies
           and
           mischiefs
           that
           often
           have
           happened
           by
           many
           Appeals
           made
           within
           the
           Realm
           of
           
             England
             (
             to
             the
             great
             afflictions
             and
             calamities
             of
             the
             Nation
             ,
             as
             it
             afterwards
             happened
             by
             the
          
           Lancastrian
           
             Plots
             and
             Designs
             in
             that
             mischievous
             Appeal
             in
          
           Anno
           11
           
             of
             King
          
           Richard
           
             the
             Second
          
           )
           before
           this
           time
           ;
           
             It
             is
             ordained
             and
             stablished
             from
             henceforth
             ,
          
           That
           all
           the
           Appeals
           to
           be
           made
           of
           things
           done
           out
           of
           the
           Realm
           ,
           shall
           be
           tryed
           and
           determined
           before
           the
           Constable
           and
           Marshal
           of
           England
           for
           the
           time
           being
           ;
           And
           moreover
           it
           is
           accorded
           and
           assented
           ,
           That
           no
           Appeals
           be
           from
           henceforth
           made
           ,
           or
           in
           any
           wise
           pursued
           in
           Parliament
           in
           any
           time
           to
           come
           .
        
         
           And
           therefore
           that
           allegation
           that
           the
           House
           of
           Peers
           cannot
           reject
           the
           Impeachment
           of
           the
           Commons
           ,
           because
           that
           Suit
           or
           Complaint
           of
           the
           Commons
           can
           be
           determined
           
           no
           where
           else
           ,
           will
           want
           a
           better
           foundation
           (
           an
           Impeachment
           of
           the
           House
           of
           Commons
           ,
           in
           the
           Name
           of
           all
           the
           People
           being
           no
           other
           than
           an
           Appeal
           to
           the
           King
           in
           Parliament
           .
           )
        
         
           And
           the
           Suit
           of
           such
           as
           might
           be
           Appellants
           in
           another
           place
           (
           being
           there
           expresly
           prohibited
           )
           cannot
           be
           supposed
           to
           be
           the
           concern
           or
           interest
           of
           all
           the
           People
           deserving
           or
           requiring
           satisfaction
           ,
           or
           especially
           provided
           for
           by
           Law
           to
           have
           satisfaction
           ,
           unless
           it
           could
           by
           any
           probability
           or
           soundness
           of
           Judgment
           be
           concluded
           that
           all
           the
           People
           of
           England
           ,
           besides
           Wives
           ,
           Children
           or
           near
           Kindred
           and
           Relations
           (
           the
           necessity
           of
           publick
           Justice
           and
           deterring
           Examples
           )
           are
           or
           should
           be
           concerned
           in
           such
           a
           never
           to
           be
           fancied
           Appeal
           of
           the
           People
           .
           And
           it
           will
           be
           very
           hard
           to
           prove
           that
           one
           or
           a
           few
           are
           all
           the
           People
           of
           England
           ,
           or
           if
           they
           could
           be
           so
           imagined
           ,
           are
           to
           be
           more
           concerned
           than
           the
           King
           ,
           who
           is
           sworn
           to
           do
           Justice
           ,
           unless
           they
           would
           claim
           and
           prove
           a
           Sovereignty
           and
           to
           be
           sworn
           to
           do
           Justice
           ,
           which
           though
           they
           had
           once
           by
           a
           villanous
           Rebellion
           attacked
           ,
           until
           
             Oliver
             Cromwel
          
           their
           
           
             Man
             of
             Sin
          
           ,
           cheated
           them
           of
           it
           ;
           for
           God
           would
           never
           allow
           them
           any
           such
           power
           or
           priviledge
           ,
           or
           any
           Title
           to
           the
           Jesuits
           Doctrine
           ,
           which
           some
           of
           our
           Protestant
           Dissenters
           ,
           their
           modern
           Proselites
           ,
           have
           learned
           of
           them
           ,
           that
           the
           King
           although
           he
           be
           
             singulis
             major
          
           ,
           is
           
             minor
             universis
          
           .
        
         
           And
           it
           is
           no
           denial
           of
           Justice
           in
           the
           House
           of
           Peers
           to
           deny
           the
           receiving
           of
           an
           Impeachment
           from
           the
           House
           of
           Commons
           ,
           when
           they
           cannot
           understand
           any
           just
           cause
           or
           reason
           to
           receive
           it
           ,
           and
           the
           Records
           ,
           Rolls
           ,
           Petitions
           and
           Orders
           of
           Parliament
           will
           inform
           those
           that
           will
           be
           at
           the
           pains
           to
           be
           rightly
           and
           truly
           directed
           by
           them
           ,
           that
           Petitions
           in
           Parliament
           have
           been
           adjourned
           ,
           modified
           or
           denied
           ;
           and
           that
           in
           the
           Common
           or
           Inferior
           Courts
           of
           Justice
           ,
           Writs
           and
           Process
           may
           sometimes
           be
           denied
           ,
           superseded
           or
           altered
           according
           to
           the
           Rules
           of
           Justice
           ,
           or
           the
           circumstances
           thereof
           .
           And
           our
           Records
           can
           witness
           ,
           that
           Plaintiffs
           have
           petitioned
           Courts
           of
           Justice
           
             recedere
             a
             brevi
             &
             impetrare
             aliud
             .
          
        
         
           And
           it
           cannot
           be
           said
           that
           the
           King
           doth
           
             denegare
             Justitiam
          
           ,
           when
           he
           would
           bind
           them
           unto
           their
           ancient
           ,
           legal
           ,
           well
           experimented
           
           forms
           of
           seeking
           it
           in
           the
           pursuing
           their
           Rights
           and
           Remedies
           ,
           and
           hinders
           them
           in
           nothing
           but
           seeking
           to
           hurt
           others
           and
           destroy
           themselves
           .
        
         
           For
           Justice
           no
           otherwise
           denied
           should
           not
           be
           termed
           Arbitrary
           ,
           until
           there
           can
           be
           some
           solid
           reason
           ,
           proof
           or
           evidence
           for
           it
           .
        
         
           When
           it
           is
           rather
           to
           be
           believed
           ,
           that
           if
           the
           Factious
           Vulgar
           Rabble
           might
           have
           their
           Wills
           ,
           they
           would
           never
           be
           content
           or
           leave
           their
           fooling
           until
           they
           may
           obtain
           an
           unbounded
           liberty
           of
           tumbling
           and
           tossing
           the
           Government
           into
           as
           many
           several
           Forms
           and
           Methods
           ,
           as
           there
           be
           days
           in
           the
           year
           ,
           and
           no
           smaller
           variety
           of
           Religions
           .
        
         
           And
           they
           must
           be
           little
           conversant
           with
           our
           Records
           ,
           that
           have
           not
           understood
           that
           the
           Commons
           have
           many
           times
           received
           just
           denials
           to
           their
           Petitions
           ,
           and
           that
           some
           have
           not
           seldom
           wanted
           the
           foundations
           of
           Reason
           or
           Justice
           .
        
         
           That
           many
           of
           their
           Petitions
           have
           adopted
           the
           Concerns
           and
           Interests
           of
           others
           ,
           that
           were
           either
           Strangers
           unto
           them
           ,
           or
           the
           Designs
           of
           some
           of
           the
           grand
           Nobility
           who
           
           thought
           them
           as
           necessary
           to
           their
           purposes
           as
           Wind
           ,
           Tide
           ,
           and
           Sails
           are
           to
           the
           speeding
           of
           a
           Ship
           into
           the
           Port
           or
           Landing-places
           of
           their
           Designs
           .
        
         
           For
           upon
           their
           exhibiting
           in
           a
           Parliament
           in
           the
           28
           year
           of
           the
           Reign
           of
           King
           Henry
           the
           Sixth
           ,
           
           abundance
           of
           Articles
           of
           High
           Treason
           ,
           and
           Misdemeanours
           ,
           against
           
             William
             de
             la
             Poole
          
           ,
           Duke
           of
           Suffolk
           ;
           one
           whereof
           was
           that
           he
           had
           sold
           the
           Realm
           of
           England
           to
           the
           French
           King
           ,
           who
           was
           preparing
           to
           invade
           it
           .
        
         
           When
           they
           did
           require
           the
           King
           and
           House
           of
           Lords
           that
           the
           Duke
           (
           whom
           not
           long
           before
           they
           had
           recommended
           to
           the
           King
           to
           be
           rewarded
           for
           special
           services
           )
           might
           be
           committed
           Prisoner
           to
           the
           Tower
           of
           London
           ,
           the
           Lords
           and
           Justices
           upon
           consultation
           ,
           thought
           it
           not
           reasonable
           unless
           some
           special
           Matter
           was
           objected
           against
           him
           .
        
         
           Whereupon
           the
           said
           Duke
           not
           putting
           himself
           upon
           his
           Peerage
           ,
           but
           with
           protestation
           of
           his
           innocency
           ,
           only
           submitting
           himself
           to
           the
           Kings
           mercy
           ,
           who
           acquitting
           him
           from
           the
           Treason
           and
           many
           of
           the
           Misdemeanours
           ▪
           and
           for
           some
           or
           them
           by
           the
           advice
           of
           the
           Lords
           ,
           only
           banished
           him
           
           for
           five
           years
           .
           And
           that
           thereupon
           when
           the
           Viscount
           Beaumont
           in
           the
           behalf
           of
           the
           Lords
           Spiritual
           and
           Temporal
           required
           that
           it
           might
           be
           Inrolled
           that
           the
           Judgment
           was
           by
           the
           Kings
           own
           Rule
           ,
           &
           not
           by
           their
           Assent
           ,
           and
           that
           neither
           they
           nor
           their
           Heirs
           should
           by
           this
           Example
           be
           barred
           of
           their
           Peerage
           .
        
         
           No
           Protestation
           appears
           to
           have
           been
           made
           by
           any
           of
           the
           Lords
           Spiritual
           or
           Temporal
           for
           or
           on
           the
           behalf
           of
           the
           Commons
           .
        
         
           Or
           by
           the
           Commons
           for
           themselves
           .
        
         
           So
           as
           a
           different
           manner
           of
           doing
           Justice
           can
           neither
           truly
           or
           rationally
           be
           said
           to
           be
           an
           absolute
           denial
           of
           Justice
           ,
           and
           was
           never
           believed
           to
           be
           so
           by
           the
           Predecessors
           of
           the
           House
           of
           Commons
           in
           Parliament
           in
           our
           former
           Kings
           Reigns
           ,
           when
           some
           hundreds
           of
           their
           Petitions
           in
           Parliament
           have
           been
           answered
           by
           ,
           There
           is
           a
           Law
           already
           provided
           ,
           or
           let
           the
           old
           Law
           stand
           ,
           or
           the
           King
           will
           provide
           a
           convenable
           or
           fitting
           remedy
           .
        
         
           And
           is
           not
           likely
           if
           it
           were
           ,
           as
           it
           is
           not
           to
           be
           ,
           any
           Arbitrary
           Power
           ,
           or
           any
           temptation
           or
           inducement
           thereunto
           ,
           to
           produce
           any
           Rule
           or
           incouragement
           to
           the
           exercise
           of
           an
           Arbitrary
           Power
           in
           the
           Inferiour
           Courts
           ,
           when
           there
           is
           none
           so
           weak
           in
           his
           Intellect
           ,
           
           but
           may
           understand
           that
           different
           Courts
           have
           several
           Boundaries
           ,
           Methods
           and
           Forms
           of
           Proceedings
           ,
           and
           that
           the
           Kings
           extraordinary
           great
           Court
           and
           Councel
           in
           His
           House
           of
           Peers
           although
           very
           just
           and
           unarbitrary
           in
           their
           procedures
           ,
           is
           so
           always
           ready
           to
           succour
           the
           Complaints
           of
           People
           ,
           as
           it
           never
           willingly
           makes
           it self
           to
           be
           the
           cause
           of
           it
           .
        
         
           And
           cannot
           misrepresent
           the
           House
           of
           Peers
           to
           the
           King
           and
           his
           People
           ,
           in
           the
           Case
           of
           Mr.
           Fitz-Harris
           ,
           or
           any
           others
           ,
           when
           that
           honourable
           Assembly
           takes
           so
           much
           care
           as
           it
           doth
           to
           repress
           Arbitrary
           Power
           ,
           and
           doth
           all
           it
           can
           to
           protect
           the
           whole
           Nation
           from
           it
           ,
           and
           many
           of
           the
           House
           of
           Commons
           Impeachments
           have
           been
           disallowed
           by
           the
           King
           and
           his
           House
           of
           Peers
           in
           Parliament
           without
           any
           ground
           or
           cause
           of
           fear
           of
           Arbitrary
           Power
           ,
           which
           can
           no
           where
           be
           so
           mischievously
           placed
           ,
           as
           in
           the
           
             giddy
             multitude
          
           whose
           Impeachments
           would
           be
           worse
           than
           the
           Ostracisme
           at
           Athens
           ,
           and
           so
           often
           overturn
           and
           tire
           all
           the
           wise
           men
           and
           good
           men
           in
           the
           Nation
           as
           there
           would
           be
           none
           but
           such
           as
           deserve
           not
           to
           be
           so
           stiled
           ,
           to
           manage
           the
           
           Affairs
           of
           the
           Government
           ,
           subordinate
           to
           their
           King
           and
           Sovereign
           .
        
         
           To
           all
           which
           may
           be
           added
           ,
           if
           the
           former
           Presidents
           cited
           to
           assert
           the
           Kings
           Power
           of
           Pardoning
           aswell
           after
           an
           Impeachment
           made
           by
           the
           Commons
           in
           Parliament
           ,
           as
           before
           and
           after
           an
           Impeachment
           received
           by
           the
           Lords
           in
           Parliament
           ,
           or
           made
           both
           by
           the
           Lords
           and
           Commons
           in
           Parliament
           ,
           and
           after
           an
           Impeachment
           received
           by
           the
           Lords
           in
           Parliament
           ,
           or
           made
           both
           by
           the
           Lords
           and
           Commons
           in
           Parliament
           be
           not
           sufficient
           that
           of
           
             Hugh
             le
             Despenser
          
           ,
           Son
           of
           
             Hugh
             le
             Despenser
          
           ,
           the
           younger
           ,
           a
           Lord
           of
           a
           great
           Estate
           ,
           which
           is
           thus
           entred
           in
           the
           Parliament
           Roll
           of
           the
           fifth
           year
           of
           the
           Reign
           of
           King
           Edward
           the
           Third
           ,
           ought
           surely
           to
           satisfie
           ,
           that
           the
           Laws
           and
           reasonable
           Customs
           of
           England
           will
           warrant
           it
           .
        
         
           Anno
           5
           E.
           3.
           
           Sir
           Eubule
           le
           Strange
           
             and
             eleven
             other
             Mainprisers
          
           ,
           
           
             being
             to
             bring
             forth
             the
             Body
             of
          
           Hugh
           
             the
             Son
             of
          
           Hugh
           le
           Despenser
           
             the
             younger
             ,
             saith
             the
             Record
             ,
          
           A
           respondre
           au
           prochein
           Parlement
           &
           de
           ester
           an
           droit
           &
           affaire
           ce
           &
           de
           liu
           en
           conseil
           soit
           ordine
           &
           mesuerent
           le
           Corps
           le
           dit
           Hugh
           devant
           nostre
           Seigneur
           le
           Roi
           Countes
           Barons
           &
           autres
           
           Grantz
           en
           mesme
           le
           Parlement
           &
           monstrent
           les
           L'res
           Patents
           du
           Roi
           de
           Pardon
           al
           dit
           Hugh
           forisfacturam
           vite
           &
           membrorum
           sectam
           pacis
           homicidia
           roborias
           Felonias
           &
           omnes
           transgressiones
           ,
           
             &c.
             
             Dated
          
           20
           Martii
           
             anno
             primo
             Regni
             sui
          
           Et
           priant
           a
           n're
           Seigneur
           le
           Roi
           quil
           le
           vousist
           delivrer
           de
           las
           Mainprise
           &
           faire
           audit
           Hugh
           sa
           grace
           &
           n're
           Seigneur
           le
           Roi
           eiant
           regard
           a
           ses
           dites
           L'res
           &
           voilant
           uttroier
           a
           la
           Priere
           le
           dit
           Mons'r
           Eble
           &
           autres
           Mainpernors
           avant
           dit
           &
           auxint
           de
           les
           Prelatz
           qui
           prierent
           molt
           especialment
           pur
           lui
           si
           ad
           comande
           de
           sa
           grace
           sa
           delivrance
           .
           Et
           voet
           que
           ses
           Menpernors
           avant
           ditz
           &
           chescun
           d'
           eux
           soient
           dischargez
           de
           leur
           Mainprise
           &
           auxint
           &
           le
           dit
           Hugh
           soit
           quit
           &
           delivrers
           de
           Prisone
           &
           de
           garde
           yssint
           &
           si
           ho'me
           trove
           cause
           devers
           lui
           autre
           &
           nest
           uncore
           trove
           quil
           estoise
           au
           droit
           .
        
         
           And
           the
           English
           Translator
           ,
           or
           Abridger
           of
           the
           Parliament
           Records
           ,
           hath
           observed
           that
           the
           old
           usage
           was
           ,
           that
           when
           any
           person
           being
           in
           the
           Kings
           displeasure
           ,
           was
           thereof
           acquitted
           by
           Tryal
           or
           Pardon
           ,
           yet
           notwithstanding
           he
           was
           to
           put
           in
           twelve
           of
           his
           Peers
           to
           be
           his
           Sureties
           for
           his
           good
           Behaviour
           at
           the
           Kings
           pleasure
           .
        
         
         
           And
           may
           be
           accompanied
           by
           the
           Case
           of
           Richard
           Earl
           of
           Arundel
           in
           the
           22
           year
           of
           the
           Reign
           of
           King
           Richard
           the
           Second
           ,
           
           being
           Appealed
           by
           the
           Lords
           Appellant
           ,
           and
           they
           requiring
           the
           King
           ,
           that
           such
           persons
           Appealed
           ,
           that
           were
           under
           Arrest
           ,
           might
           come
           to
           their
           Tryal
           ,
           it
           was
           commanded
           to
           Ralph
           ,
           Lord
           Nevil
           ,
           Constable
           of
           the
           Tower
           of
           London
           to
           bring
           forth
           the
           said
           Richard
           Earl
           of
           Arundel
           ,
           then
           in
           his
           custody
           ,
           whom
           the
           said
           Constable
           brought
           into
           the
           Parliament
           ,
           at
           which
           time
           the
           Lords
           Appellants
           came
           also
           in
           their
           proper
           Persons
           .
           To
           the
           which
           Earl
           the
           Duke
           of
           Lancaster
           (
           who
           was
           then
           hatching
           the
           Treason
           which
           afterwards
           in
           Storms
           of
           State
           and
           Blood
           came
           to
           effect
           against
           the
           King
           )
           by
           the
           Kings
           Commandment
           and
           Assent
           of
           the
           Lords
           declared
           the
           whole
           circumstances
           ;
           after
           the
           reading
           and
           declaring
           whereof
           the
           Earl
           of
           Arundel
           ,
           who
           in
           Anno
           11
           of
           that
           Kings
           Reign
           ,
           had
           been
           one
           of
           the
           Appellants
           ,
           together
           with
           Henry
           Earl
           of
           Derby
           son
           of
           the
           said
           Duke
           of
           Lancaster
           ,
           and
           afterwards
           the
           usurping
           King
           Henry
           the
           Fourth
           against
           
             Robert
             de
             Vere
          
           ,
           Duke
           of
           Ireland
           and
           Earl
           of
           Oxford
           ,
           and
           some
           other
           Ministers
           of
           State
           ,
           under
           King
           
           Richard
           the
           Second
           ,
           alledged
           that
           he
           had
           one
           Pardon
           granted
           in
           the
           Eleventh
           year
           of
           the
           Reign
           of
           King
           Richard
           the
           Second
           ,
           and
           another
           Pardon
           granted
           but
           six
           years
           before
           that
           present
           time
           .
           And
           prays
           that
           they
           might
           be
           allowed
           .
        
         
           To
           which
           the
           Duke
           answered
           ,
           that
           for
           as
           much
           as
           they
           were
           unlawfully
           made
           ,
           the
           present
           Parliament
           had
           revoked
           them
           .
        
         
           And
           the
           said
           Earl
           therefore
           was
           willed
           to
           say
           further
           for
           himself
           at
           his
           peril
           ;
           whereupon
           Sir
           
             Walter
             Clopton
          
           ,
           Chief
           Justice
           ,
           by
           the
           Kings
           Commandment
           declared
           to
           the
           said
           Earl
           ,
           that
           if
           he
           said
           no
           other
           thing
           ,
           the
           Law
           would
           adjudge
           him
           guilty
           of
           all
           the
           Actions
           against
           him
           .
        
         
           The
           which
           Earl
           notwithstanding
           would
           say
           no
           other
           thing
           ,
           but
           required
           allowance
           of
           his
           Pardons
           .
        
         
           And
           thereupon
           the
           Lords
           Appellant
           in
           their
           proper
           Persons
           ,
           desired
           that
           Judgment
           might
           be
           given
           against
           the
           said
           Earl
           as
           Convict
           of
           the
           Treason
           aforesaid
           .
        
         
           Whereupon
           the
           Duke
           of
           Lancaster
           ,
           by
           the
           Assent
           of
           the
           King
           ,
           Bishops
           and
           Lords
           ,
           adjudged
           the
           said
           Earl
           to
           be
           Convict
           of
           all
           the
           Articles
           aforesaid
           ,
           and
           thereby
           a
           Traytor
           
           to
           the
           King
           and
           Realm
           ,
           and
           that
           he
           should
           be
           hanged
           ,
           drawn
           and
           quartered
           ,
           and
           forfeit
           all
           his
           Lands
           in
           Fee
           or
           Fee-tail
           ,
           as
           he
           had
           the
           nineteenth
           day
           of
           September
           ,
           in
           the
           tenth
           year
           of
           the
           Kings
           Reign
           ,
           together
           with
           all
           his
           Goods
           and
           Chattels
           .
           But
           for
           that
           the
           said
           Earl
           was
           come
           of
           noble
           Blood
           and
           House
           ,
           the
           King
           pardoned
           the
           hanging
           ,
           drawing
           and
           quartering
           ,
           and
           granted
           that
           he
           should
           be
           beheaded
           ;
           which
           was
           done
           accordingly
           .
        
         
           But
           
             Anno
             1
             Hen.
          
           4.
           the
           Commons
           do
           pray
           the
           reversal
           of
           that
           Judgment
           given
           against
           him
           ,
           
           and
           restoration
           of
           Thomas
           the
           Son
           and
           Heir
           of
           the
           said
           Richard
           Earl
           of
           Arundel
           .
        
         
           Unto
           which
           the
           King
           answered
           ,
           he
           hath
           shewed
           favour
           to
           Thomas
           now
           Earl
           ,
           and
           to
           others
           ,
           as
           doth
           appear
           .
        
         
           The
           Commons
           do
           notwithstanding
           pray
           ,
           that
           the
           Records
           touching
           the
           Inheritance
           of
           the
           said
           Richard
           Earl
           of
           Arundel
           ,
           late
           imbezelled
           ,
           may
           be
           searched
           for
           and
           restored
           .
        
         
         
           Unto
           which
           was
           answered
           ,
           
             the
             King
             willeth
          
           .
        
         
           And
           their
           noble
           Predecessors
           in
           that
           Honourable
           House
           of
           Peers
           ,
           the
           Lords
           Spiritual
           and
           Temporal
           in
           Parliament
           long
           before
           that
           ,
           videlicet
           ,
           in
           the
           fifth
           year
           of
           the
           Reign
           of
           King
           Edward
           the
           Third
           ,
           made
           no
           scruple
           or
           meet
           point
           or
           question
           in
           Law
           ,
           whether
           the
           power
           of
           pardoning
           was
           valid
           and
           solely
           in
           the
           King
           after
           an
           Impeachment
           of
           the
           Lords
           in
           Parliament
           ,
           when
           in
           the
           Case
           of
           
             Edmond
             Mortimer
          
           ,
           the
           Son
           of
           
             Roger
             Mortimer
          
           Earl
           of
           March
           a
           Peer
           of
           great
           Nobility
           and
           Estate
           ,
           the
           Prelats
           ,
           Counts
           ,
           Barons
           ,
           
             &
             autres
             gentz
             du
             Parlement
          
           ,
           did
           in
           full
           Parliament
           ,
           as
           the
           Record
           it self
           will
           evidence
           ,
           Petition
           the
           King
           to
           restore
           the
           said
           
             Edmond
             Mortimer
          
           to
           his
           Blood
           and
           Estate
           which
           were
           to
           remain
           unto
           him
           after
           the
           death
           of
           his
           said
           Father
           ,
           
           to
           whom
           it
           was
           answered
           by
           the
           King
           in
           these
           words
           ;
           
             Et
             sur
             ce
             nostre
             Seigneur
             le
             Roi
             chargea
             les
             ditz
             Prelats
             ,
             Countes
             ▪
             &
             Barons
             en
             leur
             foies
             &
             ligeance
             queux
             ils
             lui
             devoient
             &
             de
             puis
             ce
             que
             le
             Piere
             nostre
             Seigneur
             le
             Roi
             que
             ore
             est
             
             estoit
             murdre
             per
             le
             dit
             Counte
             de
             la
          
           Marche
           
             &
             person
             procurement
             a
             ce
             quil
             avoit
             mesmes
             comdevant
             sa
             mort
             que
             eux
             eant
             regarda
             le
             Roi
             en
             tiel
             cas
             lui
             consilassent
             ce
             quil
             devoit
             faire
             de
             reson
             audit
             Esmon
             filz
             le
             dit
             Counte
             les
             queux
             Prelats
             ,
             Countes
             ,
             Barons
             &
             autres
             
               _____
            
             avys
             &
             trete
             entre
             eux
             respondirent
             a
             nostre
             Seigneur
             
               _____
            
             le
             Roi
             de
             Common
             assent
             que
             en
             regard
             a
             si
             horrible
             fait
             comme
             de
             murdre
             
               _____
            
             de
             terre
             &
             lour
             Seigneur
             lige
             quen
             faist
             unques
             me
             avoient
             devant
             en
             leur
             temps
             ne
             nes
             devant
             venir
             en
             le
             eyde
             de
             dieu
             quils
             ne
             scavoient
             uncore
             Juger
             ne
             conseiller
             ceque
             serroit
             affaire
             en
             tiel
             cas
             .
          
        
         
           Et
           sur
           ce
           prierent
           a
           nostre
           Seigneur
           le
           Roi
           quils
           poierent
           ent
           aver
           avisement
           tanque
           au
           prochein
           Parlement
           la
           quelle
           priere
           le
           Roi
           ottroia
           &
           sur
           ce
           prierent
           outre
           que
           nostre
           Seigneur
           le
           Roi
           feist
           au
           dit
           Esmon
           sa
           bone
           grace
           a
           quoi
           il
           respond
           quil
           lui
           voloit
           faire
           mes
           cella
           grace
           vendroit
           de
           lui
           mesmes
           .
        
         
           Sir
           
             Thomas
             de
             Berkeley
          
           (
           who
           Sir
           
             William
             Dugdale
          
           in
           his
           Book
           of
           the
           Baronage
           of
           England
           ,
           
           found
           and
           believes
           to
           have
           been
           
           a
           Baron
           )
           being
           called
           to
           account
           by
           the
           King
           ,
           for
           the
           murder
           of
           his
           Father
           King
           Edward
           the
           Second
           ,
           to
           whose
           custody
           at
           his
           Castle
           of
           Barkeley
           ,
           he
           was
           committed
           ,
           not
           claiming
           his
           Peerage
           ,
           but
           pleading
           that
           he
           was
           at
           the
           same
           time
           sick
           almost
           to
           death
           at
           Bradely
           ,
           some
           miles
           distant
           ,
           and
           had
           committed
           the
           custody
           and
           care
           of
           the
           King
           unto
           
             Thomas
             de
             Gourney
             &
             William
             de
             Ocle
             ad
             eum
             salvo
             custodiendi
             ,
          
           and
           was
           not
           guilty
           of
           the
           murder
           of
           the
           King
           or
           any
           ways
           assenting
           thereunto
           
             Et
             de
             illo
             posuit
             se
             super
             Patriam
             ,
          
           had
           a
           Jury
           of
           twelve
           Knights
           sworn
           and
           impannelled
           in
           Parliament
           who
           acquitted
           him
           thereof
           ,
           but
           finding
           that
           he
           had
           committed
           the
           custody
           of
           the
           King
           to
           the
           aforesaid
           
             Thomas
             de
             Gournay
             &
             William
             de
             Ocle
             ,
          
           and
           that
           the
           King
           
             extitit
             murderatus
          
           ,
           a
           further
           day
           was
           given
           to
           the
           said
           Sir
           
             Thomas
             de
             Berkeley
             de
             audiendo
             Judicio
             suo
             in
             prox
             .
             Parliamento
             ,
          
           and
           he
           was
           in
           the
           interim
           committed
           to
           the
           custody
           of
           
             Ralph
             de
             Nevil
          
           Steward
           of
           the
           Kings
           Houshold
           .
        
         
           At
           which
           next
           Parliament
           
             Prierent
             les
             Prelatz
             ▪
          
           
           
             Countes
             &
             Barons
             a
             nostre
             Seigneur
             
             le
             Roi
          
           on
           the
           behalf
           of
           the
           said
           Sir
           
             Thomas
             de
             Berkeley
          
           ,
           that
           he
           would
           free
           him
           of
           his
           Bayl
           or
           Mainprize
           ,
           whereupon
           the
           King
           charging
           the
           said
           Prelats
           ,
           Counts
           and
           Barons
           to
           give
           him
           their
           advice
           therein
           :
           
             Le
             quel
             priere
             fust
             ottroia
             &
             puis
             granta
             nostre
             Seigneur
             le
             Roi
             de
             rechef
             a
             leur
             requeste
             que
             le
             dit
             Mons'r
          
           Thomas
           
             &
             ses
             Mainpernors
             fusseient
             delivres
             &
             discharges
             de
             lure
             mainprise
             &
             si
             estoit
             Jour
             donne
             a
             dit
          
           Thomas
           
             de
             estre
             en
             prochein
             Parlement
          
           ,
           which
           proved
           to
           be
           a
           clear
           Dismission
           ,
           for
           no
           more
           afterwards
           appeareth
           of
           that
           matter
           .
        
         
           Neither
           after
           a
           fierce
           Impeachment
           in
           the
           said
           Parliament
           of
           21
           R.
           2.
           against
           
             Thomas
             Arundel
          
           Archbishop
           of
           Canterbury
           and
           Chancellor
           of
           England
           ,
           of
           High
           Treason
           ,
           upon
           which
           he
           was
           by
           that
           injuried
           Prince
           condemned
           and
           banished
           ,
           when
           as
           the
           Record
           saith
           ,
           
             Les
             dits
             Countz
             prierent
             ,
             au
             Roi
             ordenir
             tiel
             Jugement
             vers
             le
             dit
             Ercevesque
             come
             le
             cas
             demande
             &
             le
             Roi
             sur
             ceo
             Recorda
             en
             le
             dit
             Parlement
             que
             le
             dit
             Ercevesque
             avoit
             este
             devant
             lui
             en
             presence
             de
             certeines
             Seigneurs
             &
             confessor
             que
             en
             la
             use
             de
             la
             dite
             Commission
             
             il
             sey
             mesprise
             &
             lui
             mist
             en
             la
             grace
             du
             Roi
             surquoi
             ,
          
           the
           Judgment
           was
           given
           against
           the
           said
           Archbishop
           ,
           that
           he
           should
           be
           banished
           and
           forfeit
           all
           his
           Lands
           ,
           Goods
           and
           Estate
           ,
           when
           in
           the
           first
           year
           of
           the
           Reign
           of
           the
           usurping
           King
           H.
           4.
           that
           Archbishop
           not
           tarrying
           long
           in
           Exile
           ,
           the
           minds
           of
           the
           Commons
           became
           so
           setled
           on
           the
           prevailing
           side
           ,
           there
           was
           so
           small
           or
           no
           opposition
           made
           by
           them
           against
           him
           ,
           as
           the
           Duke
           of
           York
           and
           Earl
           of
           Northumberland
           ,
           and
           others
           of
           the
           Blood
           of
           the
           said
           Archbishop
           of
           Canterbury
           did
           in
           Parliament
           pray
           the
           King
           that
           the
           
             said
             Archbishop
             might
             have
             his
             recovery
             against
          
           Roger
           Walden
           ,
           
             for
             sundry
             Wasts
             and
             Spoils
             done
             by
             him
             in
             the
             Lands
             of
             the
             said
             Archbishoprick
             ,
          
           which
           the
           
             King
             granted
             ,
             and
             thanked
             them
             for
             their
             motion
             .
          
        
         
           
             The
             Bishop
             of
          
           Exeter
           
             Chancellor
             of
          
           England
           
             at
             the
             assembling
             of
             the
             Parliament
             ,
          
           
           
             taking
             his
             Text
             out
             of
             the
             Prophecy
             of
          
           Ezekiel
           ,
           Rexerit
           unus
           omnibus
           ,
           
             alledging
             the
             power
             that
             ought
             to
             be
             in
             Soveraign
             Kings
             and
             Princes
             whereby
             to
             govern
             ,
             and
             the
             Obedience
             in
             Subjects
             to
             obey
             ,
             and
             that
             all
             
             alienations
             of
             his
             Kingly
             Priviledges
             and
             Prerogatives
             were
             reassumable
             and
             to
             be
             Repealed
             by
             his
             Coronation-Oath
             ,
          
           Pour
           quoi
           le
           Roi
           ad
           fut
           assembler
           le
           Estatz
           de
           Parlement
           a
           cest
           faire
           pour
           estre
           enformer
           si
           ascun
           droitz
           de
           sa
           Corone
           soient
           sustretz
           ou
           amemuser
           a
           fin
           que
           par
           leur
           bon
           advis
           &
           discretion
           tiel
           remedie
           puisse
           estre
           mis
           que
           le
           Roi
           puisse
           esteer
           en
           sa
           libertie
           ou
           poir
           Comme
           ses
           Progenitors
           ont
           este
           devant
           lui
           &
           duissent
           de
           droit
           non
           obstante
           ascun
           ordinance
           au
           contraire
           &
           ainsi
           le
           Roi
           as
           Tener
           ,
           Et
           les
           governera
           ,
           
             whereupon
             the
             Commons
             made
             their
             Protestation
             ,
             and
             prayed
             the
             King
             that
             it
             might
             be
             Inrolled
             ,
             that
             it
          
           was
           not
           their
           
             intente
             ou
             volunte
          
           to
           Impeach
           or
           Accuse
           any
           Person
           in
           that
           Parliament
           
             sans
             congie
             du
             Roi
             ,
             And
             thereupon
             the
             Chancellor
             by
             the
             Kings
             command
             ,
             likewise
             declared
             ,
             That
          
           Nostre
           Seigneur
           le
           Roi
           considerant
           coment
           plusieurs
           hautes
           offenses
           &
           mesfaits
           on
           t
           estre
           faitz
           par
           le
           People
           de
           son
           Roialme
           en
           contre
           leur
           ligeance
           &
           l'
           Estat
           nostre
           Seigneur
           le
           Roi
           &
           la
           loie
           de
           la
           terre
           devant
           ces
           heures
           dont
           son
           People
           estiet
           en
           grant
           perill
           &
           danger
           de
           leie
           &
           leur
           corps
           &
           biens
           &
           voullant
           sur
           ce
           de
           sa
           royalle
           benignite
           monstre
           &
           faire
           grace
           a
           son
           dit
           People
           a
           fyn
           quilz
           
           ayent
           le
           greindre
           corage
           &
           volonte
           de
           bien
           faire
           &
           de
           leure
           mieux
           porter
           devots
           le
           Roi
           en
           temps
           avenir
           si
           voet
           &
           grante
           de
           faire
           &
           ease
           &
           quiete
           &
           salvation
           de
           son
           dit
           People
           une
           generalle
           Pardon
           a
           ces
           liges
           forspries
           certaines
           pointz
           limitez
           par
           le
           samant
           la
           suite
           al
           partie
           forspris
           cyn
           quont
           persones
           queux
           plaira
           au
           Roi
           nomer
           &
           tour
           ceux
           qui
           serront
           Empecher
           en
           ce
           present
           Parlement
           &
           dit
           austre
           que
           le
           dit
           Roi
           voet
           que
           plein
           droit
           &
           Justice
           soyent
           faitz
           a
           Chascun
           de
           ses
           liges
           qui
           en
           violent
           complandre
           en
           cest
           Parlement
           &
           ad
           ordiner
           &
           assigner
           Receivers
           &
           Triers
           des
           Petitions
           en
           cest
           Parlement
           .
        
         
           And
           did
           in
           pursuance
           thereof
           in
           full
           Parliament
           excuse
           ,
           the
           Duke
           of
           York
           ,
           the
           Bishop
           of
           Worcester
           ,
           Sir
           
             Richard
             le
             Scroop
          
           then
           living
           ,
           William
           late
           Archbishop
           of
           
             Canterbury
             ,
             Alexander
          
           late
           Archbishop
           of
           
             York
             ,
             Thomas
          
           late
           Bishop
           of
           Exeter
           ,
           and
           Michael
           late
           Abbot
           of
           Walton
           then
           being
           dead
           ,
           of
           the
           Execution
           and
           intent
           of
           the
           Commission
           made
           in
           the
           Tenth
           year
           of
           his
           Reign
           ,
           as
           being
           assured
           of
           their
           Loyalty
           ,
           and
           therefore
           by
           Parliament
           restored
           them
           to
           their
           good
           Name
           .
        
         
         
           And
           it
           is
           more
           than
           a
           little
           probable
           that
           the
           Prelates
           ,
           Counts
           and
           Barons
           in
           that
           Honourable
           House
           of
           Peers
           in
           Parliament
           ,
           did
           well
           understand
           that
           the
           King
           was
           a
           fit
           ,
           and
           the
           only
           person
           to
           Petition
           unto
           for
           that
           Pardon
           ,
           Discharge
           or
           Dismission
           amounting
           to
           a
           Pardon
           ,
           and
           did
           not
           think
           it
           to
           be
           either
           legal
           or
           rational
           to
           Petition
           the
           People
           and
           their
           Fellow
           Subjects
           ,
           upon
           a
           supposed
           incredible
           and
           invisible
           Soveraignty
           ,
           no
           man
           knows
           when
           or
           how
           radicated
           and
           inherent
           in
           them
           .
        
         
           The
           Decree
           of
           the
           great
           Ahashuerus
           that
           Reigned
           from
           India
           to
           Ethiopia
           ,
           
           over
           one
           hundred
           twenty
           seven
           Provinces
           ,
           whose
           Laws
           were
           holden
           to
           be
           irrevocable
           ,
           was
           reversed
           for
           the
           preservation
           of
           the
           Jewish
           Nation
           upon
           the
           Petition
           of
           Queen
           Esther
           ,
           and
           his
           holding
           
             out
             his
             Golden
             Scepter
             unto
             her
             .
          
        
         
           The
           unquiet
           People
           of
           Athens
           now
           come
           enough
           under
           a
           Mahometan
           Slavery
           ,
           would
           not
           again
           wish
           for
           
           Draco's
           bloody
           repealed
           Laws
           ,
           without
           the
           mercy
           of
           a
           Prince
           to
           
           moderate
           them
           according
           to
           the
           Rules
           of
           a
           prudent
           and
           discerning
           mercy
           .
        
         
           Which
           made
           the
           Goodness
           and
           Wisdom
           of
           Solomon
           ,
           
           so
           extraordinarily
           eminent
           in
           his
           determination
           in
           the
           Case
           betwixt
           the
           two
           Mothers
           claiming
           one
           Child
           .
        
         
           Neither
           can
           a
           People
           ever
           be
           ,
           or
           so
           much
           as
           think
           themselves
           to
           be
           in
           any
           condition
           of
           happiness
           when
           their
           Laws
           shall
           be
           inflexible
           and
           hard
           hearted
           ,
           and
           there
           shall
           be
           no
           Superior
           Power
           to
           allay
           the
           rigidness
           or
           severity
           of
           them
           .
        
         
           No
           Cities
           of
           Refuge
           or
           Asylums
           to
           fly
           unto
           ,
           upon
           occasion
           of
           Misfortunes
           ,
           which
           God
           himself
           ordained
           for
           his
           Chosen
           People
           of
           Israel
           .
        
         
           And
           therefore
           when
           Juries
           may
           erre
           or
           play
           the
           Knaves
           ,
           be
           Corrupt
           ,
           Malicious
           or
           Perjured
           ,
           and
           Judges
           mistaken
           ,
           our
           Judges
           have
           in
           their
           doubtings
           stayed
           the
           Execution
           until
           they
           could
           attend
           the
           King
           for
           his
           determination
           .
        
         
         
           Whereupon
           his
           Pardons
           did
           not
           seldom
           ensue
           ,
           or
           a
           long
           Lease
           for
           Life
           was
           granted
           to
           the
           penitent
           Offender
           ,
           it
           being
           not
           amiss
           said
           by
           our
           old
           Bracton
           ,
           
           That
           
             Tutius
             est
             reddere
             rationem
             misericordiae
             quam
             Judicii
             ,
          
           the
           Saxons
           in
           doubtful
           Cases
           appealed
           to
           God
           for
           discovery
           ,
           by
           Kemp
           or
           Camp
           ,
           Fight
           ,
           Fire
           or
           Water
           Ordeal
           ,
           which
           being
           now
           abolished
           and
           out
           of
           use
           ,
           requires
           a
           greater
           necessity
           of
           the
           right
           use
           of
           pardoning
           ;
           
           for
           Sir
           
             Edward
             Coke
          
           saith
           ,
           
             Lex
             Angliae
             est
             Lex
             misericordiae
          
           ,
           like
           the
           Laws
           of
           Scripture
           wherein
           Mercy
           is
           not
           opposite
           unto
           Justice
           but
           a
           part
           of
           it
           ,
           as
           1
           
             John
             19.
             
             Psalm
             71.
             2.
             
             Jer.
             18.
             7
             ,
             8
             ,
             9
             ,
             10.
             
             Ezek.
             33.
             13
             ,
          
           14.
           and
           it
           hath
           not
           been
           ill
           said
           ,
           that
           
             Justitia
             semper
             mitiorem
             sequitur
             partem
          
           ,
           for
           it
           is
           known
           that
           a
           Judge
           since
           his
           Majesties
           happy
           Restoration
           ,
           who
           were
           he
           now
           living
           ,
           would
           wish
           he
           had
           made
           a
           greater
           pause
           than
           he
           did
           in
           a
           Case
           near
           Brodway-Hills
           ,
           in
           the
           County
           of
           Worcester
           or
           Glocester
           ,
           where
           a
           Mother
           and
           a
           Son
           were
           ,
           upon
           a
           seeming
           full
           evidence
           ,
           Hanged
           for
           the
           Murther
           of
           a
           Father
           ,
           who
           afterwards
           
           when
           it
           was
           too
           late
           ,
           appeared
           to
           be
           living
           .
        
         
           And
           Posterity
           by
           the
           remembrance
           of
           Matters
           and
           Transactions
           in
           Times
           past
           ,
           may
           bewail
           the
           Fate
           of
           some
           Ministers
           of
           State
           ,
           who
           have
           been
           ruined
           by
           being
           exposed
           to
           the
           Fury
           of
           the
           People
           ,
           (
           who
           did
           not
           know
           how
           or
           for
           what
           they
           accuse
           them
           )
           and
           left
           to
           the
           never
           to
           be
           found
           Piety
           or
           Wisdom
           of
           a
           Giddy
           ,
           Incensed
           and
           Inconsiderate
           accusing
           Multitude
           ,
           and
           Hurrying
           on
           the
           reasonless
           or
           little
           Wit
           of
           one
           another
           .
        
         
           And
           consider
           how
           necessary
           it
           had
           been
           for
           the
           pious
           good
           Duke
           of
           Somerset
           ,
           in
           the
           Reign
           of
           King
           Edward
           the
           Sixth
           to
           have
           had
           his
           Pardon
           ,
           when
           at
           his
           Tryal
           neither
           his
           Judges
           ,
           nor
           the
           prevalency
           of
           the
           faction
           that
           would
           have
           rather
           his
           Room
           than
           his
           Company
           ,
           nor
           himself
           could
           remember
           to
           put
           him
           in
           mind
           to
           demand
           the
           benefit
           of
           his
           Clergy
           .
        
         
           Or
           how
           far
           it
           would
           have
           gone
           towards
           
           the
           prevention
           of
           that
           ever
           to
           be
           wailed
           National
           Blood-shedding
           miseries
           and
           devastions
           ,
           which
           followed
           the
           Murthers
           of
           the
           Earl
           of
           Strafford
           ,
           and
           Archbishop
           Laud
           ,
           if
           their
           Innocencies
           had
           but
           demanded
           and
           made
           use
           of
           his
           late
           Majesties
           Pardon
           .
        
         
           Or
           what
           reason
           can
           be
           found
           why
           a
           Pardon
           after
           an
           Impeachment
           of
           a
           particular
           Person
           by
           an
           House
           of
           Commons
           in
           Parliament
           ,
           or
           an
           House
           of
           Peers
           joyning
           or
           consenting
           therewith
           ,
           should
           not
           be
           as
           valid
           and
           effectual
           in
           Law
           ,
           Reason
           and
           good
           Conscience
           .
        
         
           As
           the
           very
           many
           General
           Pardons
           and
           Acts
           of
           Oblivion
           ,
           which
           have
           been
           granted
           by
           our
           Kings
           and
           Princes
           to
           their
           People
           for
           Extortions
           of
           Sheriffs
           Bayliffs
           ,
           &c.
           together
           with
           many
           other
           Misdemeanours
           ,
           Grievances
           and
           Offences
           ,
           often
           complained
           of
           in
           many
           of
           our
           Parliaments
           ,
           as
           the
           Records
           thereof
           will
           witness
           ,
           whereby
           they
           have
           acquitted
           and
           given
           away
           as
           much
           of
           their
           own
           just
           Rights
           and
           Regal
           Revenues
           
           to
           their
           Subjects
           ,
           than
           the
           Aids
           and
           Subsidies
           ,
           which
           they
           have
           Contributed
           towards
           his
           Preservation
           ,
           and
           in
           His
           their
           own
           ,
           when
           they
           have
           not
           had
           a
           King
           or
           Prince
           but
           hath
           been
           ,
           as
           more
           especially
           this
           our
           present
           Sovereign
           ,
           
             Piger
             ad
             poenas
             ad
             praemia
             velox
             .
          
        
         
           FINIS
           .
        
         
      
    
     
       
         Notes, typically marginal, from the original text
         
           Notes for div A54690-e90
           
             Ll.
             Canuti
             .
          
           
             Ll.
             Edwardi
             Confessor
             ▪
             p.
             19.
             
          
           
             Ll.
             H.
             1.
             
          
           
             Rot.
             Claus.
             5
             E.
             2.
             indorso
             ,
             m.
             15.
             
          
           
             Mat.
             Paris
             .
          
           
             Rot.
             part
             .
             50
             E.
             3.
             
          
           
             Rot.
             part
             .
             51
             E.
             3.
             
          
           
             Rot.
             Claus.
             51
             E.
             3.
             
          
           
             Rot.
             part
             .
             1
             H.
             4.
             
          
           
             Rot.
             part
             .
             15
             E.
             3.
             
          
           
             Rot.
             part
             .
             5
             H.
             4.
             
          
           
             Rot.
             part
             .
             9.
             
             H.
             4.
             
          
           
             Rot.
             part
             .
             38
             H.
             6.
             
          
           
             Rot.
             part
             .
             28
             H.
             6.
             
          
           
             Exact
             Collection
             of
             Remonstrances
             ,
             Declarations
             and
             Messages
             betwixt
             his
             late
             Majesty
             and
             the
             Parliament
             ,
             Printed
             by
             Order
             of
             the
             Commons
             in
             Parliament
             ,
             24.
             
             March
             ,
             1642.
             
          
           
             Ll.
             Canusi
             .
          
           
             Rot
             parl
             .
             21
             R.
             2.
             
          
           
             Pryns
             4
             part
             of
             his
             Register
             of
             Parliament
             Writs
             .
          
           
             Prins
             Animad
             .
             upon
             Cokes
             4
             Instit.
             
          
           
             Rot.
             parl
             .
          
           
             Cokes
             4
             part
             of
             the
             Institutes
             .
          
           
             Cokes
             4
             part
             of
             the
             Institutes
             Tit.
             Parliament
             .
          
           
             Rot.
             parl
             .
             7
             E.
             1.
             
          
           
             Ll.
             Canuti
             ,
             16.
             
          
           
             Ll.
             Inae
             ,
             6
             
          
           
             1
             H.
             4.
             ca.
             14.
             
          
           
             Rot.
             parl
             .
             28
             H.
             6.
             n.
             16
             ,
             17.
             
          
           
             Rot.
             parl
             .
             5
             E.
             3.
             n.
             8.
             
          
           
             22
             R.
             2.
             
             In
             the
             Abridgment
             of
             the
             Parliament
             Records
             in
             English
             said
             to
             be
             done
             by
             Sir
             
               Robert
               Cotton
            
             .
          
           
             Rot.
             parl
             .
             1
             H.
             4.
             n.
             109.
             111.
             
          
           
             Rot.
             parl
             .
             5
             E.
             3.
             n.
             16.
             
          
           
             Rot.
             parl
             .
             4
             E.
             3.
             n.
             16.
             
          
           
             Rot.
             parl
             .
             5
             
               E
               ▪
            
             3.
             
          
           
             Rot.
             parl
             .
             21
             R.
             2.
             
          
           
             Esthe●
             ca.
             1
             ,
             3
             ,
             5
             ,
             8.
             
          
           
             1
             Reg.
             3.
             
          
           
             Bracton
             .
          
           
             Cokes
             Instit.
             2.
             315.