A PLEA for the LORDS: OR, A short, yet full and necessary Vindication of the Judiciary and Legislative Power of the House of Peers, And the Hereditary just Right of the LORDS and BARONS of this Realm, to sit, vote and judge in the high Court of PARLIAMENT. Against the late seditious Anti-Parliamentary printed Petitions, Libels and Pamphlets of Anabaptists, Levellers, Agitators, Lilburne, Overton, and their dangerous Confederates, who endeavour the utter subversion both of Parliaments, King and Peers, to set up an Arbitrary Polarchy and Anarchy of their own new-modelling. By WILLIAM PRYNNE Esquire, a Wellwisher to both Houses of Parliament, and the Republic; now exceedingly shaken and endangered in their very Foundations.  Prov. 22. 28. Remove-not the ancient landmark which thy fathers have set. Prov. 22. 21. My son fear thou the Lord and the King, and meddle not with those who are given to change; for their calamity shall rise suddenly, and who knoweth the ruin of them both? 
LONDON, Printed for Michael Spark, at the blue Bible in Green-Arbor. 164●.   

To all truly Honourable, and Heroic Lords and Peers of the Realm of England, who are real Patriots of Religion, and their Country.  
Right Honourable,  
THough true Nobility (always founded in 
a Omnes pari forte nascimur, solâ virtute distinguimur. Minucius Feli● Octo●. p. 123. Nobilitas sola est ac unica virtus. juvenal. satire. 8.  virtue and real piety) needs no other tutelar Deity or Apology, but itself, amongst those 
b Omnes boni semper Nobilitati favemus: & q●ia utile est reipub. Nobiles Homines esse dignos Majoribus suis, & quia valet apud nos clarorum Hominum & bene derepub. meritorum memoria, otiam mortuorum. Ci●ero Orat. pro P. Sex.  ingenious Spirits, who are able to discern or estimate its worth; yet the iniquity of our degenerated Age, and the frenzy of the intoxicated ignorant vulgar is such, that it now requires the assistance of the ablest Advocates to plead its cause, and vindicate the just Rights and Privileges of the House of Peers, against the 
c Lilburne, Overton, and others.  licentious Quills and Tongues of lawless sordid Sectaries, and Mechanic Levellers; who having got the Sword and reins into their hands, plant all their batteries and force against them, crying out like those Babylonian Levellers of old 
d Psal. 137. 7.  against the House of Peers, Raze it, Raze it, even to the foundation thereof, and lay it for ever level with the very dust; beholding all true Honour, worth and Nobleness shining forth in your Honour's heroic Spirits, with a malignant aspect, because they despair of ever enjoying the least spark thereof in themselves, and prosecuting you with a deadly hatred, because better and greater than ever they have hopes to be, unless they can through treachery and violence make themselves the only Grandees, by debasing your highest Dignity, to the lowest Peasantry, and making the meanest Commoners your Compeers.  
This dangerous seditious Design hath engaged me (the unablest of many) out of my great affection to real Nobility, and to the present tottering condition of our Kingdom and Parliament (the very pillars and foundations whereof are now not only shaken, but almost quite subverted) without any Fee at all, to become your Honour's Advocate, and voluntarily to plead your Cause, and vindicate your undoubted right of sitting, voting and judging in our Parliaments, of which they strenuously endeavour to plunder both you and your posterities; and to publish these subitane indigested Collections to the world, to still the 
* Psal. 65. 7.  madness of the seduced vulgar, whom Ignoramus Lilburne, Overton, Walwin, and their Confederates have laboured to mutiny against your Parliamentary jurisdiction, 
* Isa. 4 1. 25.  treading upon Princes as upon mortar, and as the Potter treadeth the clay, in their illiterate seditious Pamphlets, which I have here refuted by Scripture, Histories, Antiquities and Parliament-Rolls; the ignorance whereof, joined with their malice, is the principal occasion of their error in this kind.  
And truly were all our Parliament-Rolls, Pleas & journals, faithfully transcribed, and published in print to the eye of the world, as most of our Statutes are, by authority of both Houses of Parliament (a work as worthy their undertaking, & as beneficial for the Public, as any I can recommend unto their care) it would not only preserve them from imbezelling, and the hazards of fire and war, to which they are now subject, but likewise eternally silence, refute the Sectaries and Levellers ignorant false Allegations against your Honour's Parliamentary jurisdiction and judicature, resolve and clear all or most doubts that can arise concerning the power, jurisdiction and privileges of both, or either House, keep both of them within due bounds (the exceeding whereof is dangerous, and grievous to the People, except in cases of absolute necessity, for the saving of a Kingdom, whiles that necessity continues, and no longer) chalk out the ancient regular way of proceed in all Parliamentary affairs whatsoever, whether of war, or peace, civil or criminal, concerning King or Subject, Natives or Foreigners, overrule and reconcile most of the present differences between the King and Parliament, House and House, Members and Members; clear many doubts, and rectify some gross mistakes in printed Statutes, Law-Books, and our ordinary Historians; add much light, lustre and ornament to our English Annals, and the Common Law; and make all Lawyers, and the Members of both Houses fare more able than now they are, to manage and carry on all businesses in Parliament, when they shall upon every occasion almost have former precedents ready at hand to direct them; there being now very few Members in either House well read or versed in ancient Parliament Rolls, Pleas, or Journals, the ignorance whereof is a great Remora to their proceed, and oft times a cause of dangerous encroachments of new jurisdiction over the Subject's persons and estates, not usual in former Parliaments, and of some great mistakes and deviations from the ancient methodical Rules and Tracts of Parliament (now almost quite forgotten and laid aside by raw unexperienced Parliament-men) to the public prejudice, and injury of posterity.  
Your Lordship's helping hand to the speedy furthering of such a necessary public work, will be a great accession to your Honour, the best vindication of your Parliamentary Jurisdiction, Right, Power and Judicature, against all Opposites, till the accomplishment whereof, I shall humbly recommend this short Plea in your Honour's defence, to your Noble Patronage, who can pitch upon no better or readier means to support your Honour and Authority, and to endear yourselves in the People's affections, then in these distracted, dangerous, stormy times, to engage all your interest, power and activity, speedily to settle and secure God's Glory, Truth, Worship, and the public Safety of the Kingdom, against all open Opposers, and secret Underminers of them; to unburthen the People of their heavy Taxes, the Soldier's insolences and free quarter; to redress all pressing grievances, all oppressing arbitrary Committees, and proceed contrary to the rules of Law and justice; to right all grieved Petitioners (especially such who have waited at least seven year's space at your doors for reparations) relieve poor starved Ireland, and raise up the almost lost honour, power, freedom and reputation of Parliaments, by acting Honourably and heroically like yourselves, without any fear, favour, hatred or selfe-ends, and confining yourselves & the Commons House to the ancient bounds and rules of Parliamentary jurisdiction and proceed, and to excel all others as fare in justice, Goodness and public resolutions, as you do in Greatness and Authority. Which that you may effectually perform, shall be the the prayer of  
Your Lordships in all humble Service, W. PRYNNE.   

A PLEA For the LORDS: OR, A short, yet full and necessary Vindication of the Judiciary and Legislative Power of the House of Peers, and the Hereditary just Right of the Lords and Barons of this Realm, to sit, vote, and judge in the high Court of Parliament.  
THe treasonable and destructive design of divers dangerous Anabaptists, Levellers, Agitators in the Army, City, Country, and of Lilburne, Overton, (their Champions and Ringleaders in this Seditious Plot) to dethrone the King, unlord the Lords, new-model the House of Commons, extirpate Monarchy, suppress the House of Peers, and subvert Parliaments, (the only obstacles to their pretended Polarchy and Anarchy) are now so legible in their many late printed Petitions, Libels, Pamphlets, and visible in their actings, and public proceed, that it rather requires our diligence and expedition to prevent, than hesitancy to doubt or dispute them, they positively protesting against and denying both King and Monarchy, in their 
a A Remonstrance of many thousand a●zens to their own House of Commons, p. 6. the just man's Justification, p. 10. Regal Tyranny Discovered, A Declaration from his Excellency, and the General Counsel of the Army, jan. 11. 1647. p. 7. Speeches, etc. at a Conference newly published by Walker, printed verbatim out of Dolman the jesuit his Book, condemned.  Pamphlets and Remonstrances, with the Power and Judicature of the House of Peers, and their undoubted just Hereditary right to Vote, act, or sit in Parliament, because they are not elected by the people as Knights and Burgesses are, asserting, 
b Lilburnes Just Man in Bonds, p. 1, 2. A Pearl in a Dunghill, The Freeman's Freedom Vindicated, An Anatomy of the Lords Tyranny, his Argument and Plea before the Committee against the Lord's Authority, his Petition to the Commons, his Letters to Henry Martin, overton's Arrow of Defiance shot into the Prerogative Bowels of the House of Lords, his Petition and Appeal. A Defiance against Arbitrary Usurpation. The Agreement of the People and Petitions wherein it was presented to the House of Commons. An Alarm to the House of Lords. See M. Edward's Gangraena, part 3. p. 192. to 204.  That they are no natural issues of our Laws, but the Exorbitances and Mushrooms of Prerogative, the Wenns of just Government, the Sons of Conquest and usurpation, not of choice and election, intruded upon us by power, not made by the people, from whom ALL POWER, PLACE, and OFFICE that is just in this Kingdom OUGHT TO ARISE, mere arbitrary Tyrants, Usurpers, an illegitimate and illegal power and Judicatory, who act and Vote in our affairs but as INTRUDERS, who ought of right not to judge, censure, or imprison any Commoner of England, even for libelling against them, refusing to appear before them, reviling and contemning them and their Authòrity to their faces at their very Bar, (as Lilburne, Overton boast and print they did) or breaking any of their undoubted Privileges. And to accomplish this their design the better, they endeavour by their most impudent flattery to engage the House of Commons against the House of Peers, the better to pull them down, styling and proclaiming them in their 
c overton's Petition and Appeal to the High and mighty States, the Knights and Burgesses in Parliament assembled. England's legal Sovereign Power. The Remonstrance of many thousands to their own House of Commons. A printed Petition (now in agitation) of many Freeborn people to the only Supreme Power of this Realm, the Commons in Parliament assembled. The Anatomy of the Lords Tyranny. An Alarm to the House of Lords. See M. Edward's Gangraena, part 3. p. 154. to 204.  Petitions and Pamphlets, The ONLY Supreme legal Judicatory of the Land, who ought BY RIGHT, to judge the Lords and their proceed, from whom they appeal for right and reparations against the House of Peers, affirming, That in the Commons House alone resides the formal and legal Supreme Power of England, who ONLY are chosen by the people, and THEREFORE IN THEM ONLY is the power of binding the whole Nation, by making, altering, or abolishing Laws without the Kings or Lords concurrent assents, to whom they now absolutely deny any Negative voice, making the Commons a complete Independent Parliament of themselves; and therefore present all their Petitions and addresses to them alone, without any acknowledgement or notice of the House of Peers, to whom they deny any right or title to sit or vote in Parliament, unless they will first divest themselves of their Peerage, and Barons right of Session, and submit to stand for the next Knights and Burgesses place in the House of Commons that shall fall void, where if they may have any voice or influence, the meanest Cobbler, Tinker, Weaver or Waterman shall be elected a Knight, or Burgess sooner than the best and greatest Peer, and John of Leyden preferred before King or Prince Charles, Sic Sceptra ligonibus aequanti, which Petitions and Pamphlets of theirs have so puffed and bladdered up many Novices, and raw Parliament-men in the Commons House, unacquainted with the bounds, proceed, and original Constitution of Parliaments, and the Laws and Customs of England, that they begin to act, vote, and dispose of the Army, Navy, etc. without and against the Lords, not expecting their concurrence, contrary to all former proceed of Parliament, the Lords just Privileges, and their own Solemn League and Covenant to maintain them, which may prove destructive to both Houses, the Parliament, Kingdom, and oppressive to their Representatives the people, (who generally dislike it) if not timely redressed, and breeds such a deadly feud between the Houses as may ruin them both and the Kingdom to boot. The end of these Anabaptists, Levellers and Lilburnians being only to 
* See M. Edward's Gangraena, part 3. where this is fully demonstrated.  destroy the Parliament, by setting both Houses at variance, they inveighing as bitterly against the power, proceed, Ordinances, Votes, Power, Members, undue Elections and unequal Constitutions of the House of Commons, as the Lords, and therefore have so earnestly pressed in their 
d Lilburnes Letter to a friend. Innocency and Truth justified, and his late Letters to Cromwell, Martin, Sir Thomas Fairfax, and others. England's Birthright. England's lamentable Slavery. Another word to the wise. Comparata Comparandis Liberty against Slavery. The Arraignment of Persecution. The Ordinance against Tithes unmounted. See Mr. Edward's Gangrana, part 3. p. 209. to 204.  Pamphlets, and by some late 
e See the several Remonstrances from his Excellency and the Army, from June, till December last. The agreement of the people, the grand Design, Put●ey Projects.  Remonstrances, and Engagements from their Confederates and Agitators in the Army, a speedy period and dissolution of this Parliament, and a new modelling and more equal distribution of Members in the very House of Commons for the future. All which Petitions, Papers, Remonstrances, and Pamphlets of theirs tending to the utter subversion of Parliaments, the fundamental Laws and Government of the Kingdom, and introduction of all arbitrary popular Polarchy and Tyranny, are rather to be ranked among and more agreeable to the Earl of strafford's and Canterbury's Treasons, (which they exceed by many degrees) then to be slighted or countenanced as they are, the keeping up of the honour of Peers, and rights and Privileges of both Houses within their just bounds, without interfeiring or encroachment upon one another, or invading the people's just Liberties and Rights, being the only means of their and our preservation, settlement, security; upon which consideration, I shall endeavour as briefly and fully as I may, to vindicate the undoubted Right of the Lords and Peers of this Realm to sit and vote in Parliament, notwithstanding they are not elected by the people, and make good the right and power of Judicature, as well of Commoners as Peers against all cavils of the anabaptistical Levellers, Lilburnians, Sectaries, Agitators, and I hope so fare to silence and stop their mouths, if not convince their judgements, that they shall never be able to reply again hereto.  
The sum of all they object against the Lords right of sitting, voting and judging, in Parliament is this: 
f overton's Defiance against all arbitrary usurpation of the House of Lords, p. 5. 6 15. 17. 18. his Arrow against all Tyrants, p. 6 10. 11. 12. and others forecited.  That they sit there only by Patent, the Kings will, Tenure or descent, not only by the People's free Election, as the Knights, Citizens', and Burgesses do: That the people never entrusted nor invested them with any power, but the King; they represent themselves only not the Commons, and the Sons only of Conquest, (brought in by the Conqueror,) of Usurpation, not of Choice and Election.  
1. To this I answer: first, That our Earls, Barons, Nobleses (and Archbishops, Bishops, and Abbots too who held by Barony) sat anciently in all our Parliaments, and General Counsels and Assemblies, many hundred years before the Conquest by right of Peerage and Tenure, as now they do, as Modus tenendi Parliamentum, 
g Epist to his 9 Report, Institutes on Litleton, p. 110 4. Institutes, c. 1.  Sir Edward Cook, Vowel 
h M. Seldens Titles of Honour, part 2. ch. 5. where this is abundantly manifested, Spelma●ni Council t●m. 1. Truth triumphing over Falsehood, antiquity over Novelty, p. 36 etc. The Freeholders Grand inquest, p. 4. to 20.  and others writ, and our Historians record; therefore this is a gross mistake, That they are the Sons of Conquest introduced by the Conqueror: the rather, because in all Empires and Kingdoms in the world, though free and never conquered, their Princes, Nobles, Lords, and great Officers of State, have ever sat in all their Parliaments, Senates and General Counsels of State, by reason of their Honours and places only, without any popular Elections, as is clear by these Texts of Scripture, 1 Chron. 13. 1, 2. c. 28. 1, 2. etc. c. 29. 1. 6. 24. 2 Chron. 1, 2, 3. c. 5. 3. 4. etc. c. 23. 2. 3. 20. 21. c. 30. 2. 3. 6. 12. c. 34. 29. 30. c. 35. 7. 8. Neh. 9 38. c. 10. Esther 1. 13. to 22. Dan. 3. 2. 3. 2 Chro. 29. 30. c. 32. 3. Ezra 9 1. c. 10. 8. 1 Sam. 5. 8. c. 29. 3. to 10. Psa. 68 27. Prov. 8. 15, 16. Isa. 19 11. 12. 13. Jer. 17. 25. c. 26. 11. 16. c. 36. 12. 14. c. 37. 14. 15. c. 38. 4. 25. 27. Dan. 6. 1. 6, 7. Jonah, 3. 7. Psa. 2. 2. Isa. 1. 23. 26. compared together, and by all Historians and Politicians testimonies.  
2. Secondly, that they sit there only by the King's Patent is false: for first, many Peers and Nobles have been created in and by 
i See M. Seldens Titles of Honour p. 2. ch. 5. 14. ●, 3. c. 35. 9 R. 2. n. 16. 20. R. 2. n. 80, 1. H. 4. ●. 81. with many more.  Parliament, at the Commons and People's earnest Petitions, and by Patents confirmed in Parliament, of which there are many Precedents. Secondly, though the King's Writ or Patent create others of them Peers and Baron's without the people's consent, yet the Laws and Statutes of the Realm made by the Commons consents, and approved by the people, allow the King this power, and authorise and 
k 5. R. 2. Stat. 2. c. 4 31. H. 8. c. 10.  enjoin Lords and Barons to sit in Parliament, when thus created, if there be no just exceptions taken to them by the Houses; therefore though they are created Lords and Peers, and sit in Parliament by the King's Patent, and Writ only, by way of instrument and conveyance, yet originally and really they are made, and sit there by the Laws and Statutes of the Realm, to which all the people have consented, of which more hereafter. Thirdly, all ancient and new Cities and Burroughs who send Citizens and Burgesses to Parliament, and the Divisions of Counties, were originally created and invested with this power to elect Citizens, Burgesses, and Knights for the Parliament 
l L●e Lit. c. 10. Sect. 162, 164. & Cook Ibidem. 49. Ass. 8.  only by the King's Letters Patents and Charters, not by the people's election and choice, and none of them do or can choose or send Knights, Citizens, and Burgesses to Parliament 
m Cook 4. Instit. c. 1. & Cr●mptons Jurisdiction of Cou●ts. c. 1. 1. R. 1. c 4. 8. H. 4 c. 14 8. H. 5. c. 7. 32. H. 6. c. 15 & 14 H. 5. c 3 l. 1. H. 7 12 2 H. 7. 13. a. 5. H 7. 9 H. 7. 12. 14 H. 6. 12. 7. ●. 4. 14 15. ● 4 15. Coo● 1. 〈◊〉. 250. a.  without the King's Writ, directed to them, but only by power and virtue of it; therefore if the Lords sitting in Parliament be illegal and unwarrantable, because they sit only by Patent and Writs from the King, the sitting of Knights, Citizens and Burgesses must be so too, because they are elected only by the King's Writ, and enabled to elect and choose them only by his Patents, the power of * creating Cities, Burroughs and Knights, being originally in the King, as well as the power of creating Lords and Barons.  
3. Thirdly, that the general election of the people is not absolutely necessary nor essential to the making of a King, Magistrate, Counsellor of State, Peer, or member of Parliament, (nor yet of a Minister) as the Objectors falsely pretend, who take it for granted as an infallible truth and Maxim of State: for than it will follow, that neither 
n Exod 3. & 4. & 7.  Moses 
o Deut. 3. 28. Nu●. 27. 16. 〈◊〉 23. Deut. 31. ●. 〈◊〉. 9 14. 23. c. 34. 9 Iosh●●.  Joshua, 
p Ne● c. 2. etc.  Nehemiah, 
q 1 Sam 9 16. c. 10. 1. 21.  Saul, 
r Psal. 78. 70, 71, 72. 1 Sam. 1●. 2 Sam. 7, 8.  David, 
s 1 Chron. 23. 1. c. 28. 5, 6. 2 Chron. 1. 8.  Solomon, nor any of the 
t 2 Chron. 14 1. c. 17. 1. c. 28. 27. c. 29. 1.  pious Kings of Juda who came to the Crown by God's immediate designation, or by descent & succession, were just & lawful Governors or Kings, which none dare aver, That the 
v Num. 11. 16, 17. 24, 25, 26, 27.  70. Elders, the Princes, 
x 1 Chron. 18. 15, 16, 17. c. 26. 29, 30, 31, 32, c. 27. c. 28. 1. 2 Chron. 19 5. 〈◊〉 7.  Nobles, chief Captains, judges, and Rulers among the Jews under Moses, and their Kings, and other Governors, and the Jewish Sanhedrin, were no lawful Judges, Magistrates, Counsellors of State, or Members of their general Congregations, Parliaments and assemblies, since we read of none of them chosen by the people, but only designed by God himself, or made and created such by Kings and Governors, and by them called and summoned to their general congregations, assemblies and judicatures, as the premised texts and others evidence. That 
y Gen. 40. 40, 41, etc. Exod. 18. 25. Psal. 105. 21. Acts 8. 10.  Joseph, 
z Esther 8. & 10.  Mordecai, 
a Dan. 2. 48, 49.  Daniel, Shadrac, Mesec, & Abednego, were no lawful Rulers or Magistrates, because made such even by Heathen Kings, not by the people's choice. And that none of the Levites, Priests, High Priests or Prophets, under the Law were lawful, because none of them (that we read of) made a Levite, Priest, Highpriest or Prophet by the people's call; but by 
b Exod. 40. Numb. 1, & 3. & 4 1 Chron. c. 23. c. ●5, 29, & 26. 〈◊〉. 2●. 13. Heb. 5. ●.  descent and succession in the selfsame Tribe, or by Gods own immediate call and appointment, as 
* Mat. 3.  john Baptist, 
⁂ Isa 61. 1. c. 65. 1 joh. 20. 21. Heb. 5. 4, 5.  Christ, the 
* Mar 10. Luke 9 10. Mar. 28. 19, 20. john 20. 21. 1 Cor. 1. 17. Gal. 1. 1. Acts 8. 5. 14, 15. ● Case Polit. l. 3. c. 2. Bod●. de Repub. l. 2. c. 2, 3. joan Mariana de Rege & Regum Instit. l. 1. c. 3, 4.  Apostles, the 70. Disciples and others under the Gospel were made and created Ministers, Apostles, Evangelists and preaching Elders, without the people's call; and yet our opposites dare not deny their Ministry and Apostleship to be lawful, being not of men, but of Gods and Christ's own call, without the peoples. Secondly, than it will follow, that all Hereditary Kingdoms, which (g) Politician's and Divines generally hold the best of Governments, all Patents and Commissions in all Empires, Kingdoms and States of the world creating Princes, Dukes, Earls, Lords, and such like Titles of Honour, whereby they are enabled in all Christian Kingdoms to sit in their Parliaments and Assemblies of State, and for creating Privy Counsellors, Judges, Justices and other Magistrates are void, null and illegal, and so all the Laws, Orders, Ordinances made, Acts done and Judgements given by them, 
d See M. Seldens Titles of Honor.  are void and erroneous, because they were not chosen and called to these places and public Counsels and Judicatures by the people, but by the Emperors, Kings, and Supreme Governors of State, and what a confusion such a Paradox as this would breed in all our Kingdoms, and in all States and Kingdoms in the world, let wise men consider, and those fools too who make this Objection.  
4. Fourthly, if there be no lawful Authority in any State, but from the People's immediate election, than it will necessarily follow, that Sir Thomas Fair●ax is no lawful General, his Officers and Council of War no lawful Officers or Council; and Colonel, and Lieutenant-colonell Lilburne no lawful Colonel or Lieutenant Colonel, and ought not to use or retain these titles, as they do, because none of them were called and chosen to those places by the People, but made such by Commission from the Parliament.  
5. Fifthly, This paradox of theirs, touching the people's choice and call to enable Peers to sit in Parliament, or bear any office of Magistracy or Judicature, is warranted by no law of God, in old or new Testament, both which contradict it: by no Laws or Statutes of these Kingdoms or Nations, which absolutely disclaim it, and enact the contrary: by no prescription, custom or usage, which are all against it; by no Original Law of Nature, which as all 
e Arist. Polit. l. 1. Bodin. de Repub. l. 1. c. 2. 3, 4, 5. D. F●eld of the Church. l. 1. c. 1, 2.  Politicians and Divines assert, and the Scripture manifests, gives every Father a Magisteriall and Judicial rule and power over his children, progeny, Family; and makes him a King, Prince, Lord over them, without either their choice or call; the Father and firstborn of the family, being both the King, Prince and Lord over it, and Priest to it from the Creation till the Law was given, as is generally acknowledged by all Divines.  
6. Sixthly, I answer, that a particular, explicit actual choice and election by the people, of any to be Kings, Magistrates, Judges, Ministers, Peers or Members of Parliament, is neither necessary nor convenient to make them just and lawful, except only when the Laws of God, of Nature, of Nations, or the Kingdom expressly require it; but only a general implicit or tacit consent; especially when the ancient Laws of the Land continuing still in full force, and the custom of the Kingdom time out of mind, requires no such ceremony of the people's particular election or call; in which case the people's dissent is of no validity, till that Law & custom be repealed by general consent of the King, Lords and Commons in Parliament. 
* Seldens Titles of Honour, part 2. Cook 4. Instit. c. ●. Cambdens ●●it.  Now the ancient Laws, Statutes & Customs of the Kingdom enable all Lords who are Peers & Barons of the Realm to sit in Parliament when ever summoned to it by the King's Writ, without any election of the people; and if the Laws and Customs of the Realm were, that the King himself might call two Knights, Citizens and Burgesses to Parliament, such as himself should nominate in his writ out of every County, City and Burrow, without the Freeholders, Citizens, and Burgesses election of them by a common agreement and consent to such a Law and usage made by their Ancestors, and submitted and consented to for some ages without repeal, this Law and Custom were sufficient to make such Knights, Citizens and Burgesses lawful Members of Parliament, and to represent the Commons of England without any election of the people, the Laws made by our Ancestors in Parliament, 
See Littleton, Fitz-Herbert, Brut. & Ashly. Tit. Warranty. Obligat. Covenant, etc.  obliging their posterity whiles unrepealed; as well as their Warranties, Obligations, Statutes, Feofements, Mortgages and alienations of their Lands, as the Objectors must acknowledge, therefore they must of necessity grant, their present sitting, voting and judging too in Parliament to be lawful, because thus warranted by the Laws and Customs of the Realm.  
4. If all Power in Government, and right of sitting, judging, and making Laws or Ordinances in Parliament, be founded upon the immediate free election of all those that are to be Governed; and of necessity that all those who are to be subject and they ought to be represented by those who have power in Government, the Sum of 
f See M. Edward's his Gangraena. part. 3. p. 142. to 162.  Lilburnes overton's, and the Levellers reasons against the Lord's jurisdiction, than it will of necessity follow; that the orders, Votes, Ordinances and Laws made by or consented to by the Knights, Citizens and Burgesses in Parliament, ought not to bind any Ministers, Women, Children, Infants, Servants, Strangers, Freeholders, Citizens, Burgesses, Artificers, or others, (who cannot well or properly be represented but by persons of their own sex, degrees, trades and callings, and so every sex, trade, calling in each County and Corporation in England should send Members of their own to Parliament to represent them) but only such Freeholders, and Burgesses who had voices in and gave free consent to their Elections, not any who have no voices by Law, or dissented from those elected and returned; yea than it will necessarily follow; that those Counties, Cities and Burroughs whose Members have been injuriously impeached, suspended, driven away, or thrust out of the House of Commons by the objectors and the Armies practise and violence (contrary to all former precedents) are absolutely free, exempted and not bound by any Votes or Ordinances made, or taxes imposed by the Commons House, because they have no Members to represent them residing in Parliament; and that those Counties and Burroughs whose Knights and Burgesses are dead or absent are no ways obliged by any Votes, Ordinances, or Grants in Parliament: And then how few in the Kingdom will or aught to yield obedience to any the Acts, Ordinances, or Votes of this present Parliament, or to any Mayors, Sheriff's Aldermen, or Heads of Houses made by their Votes and Authority, (usually made by election heretofore) or to any judges, Justices, Governors, Generals, Captains, or other Military Officers made by their Commission or appointment, without the generality of the people's Votes, or consent, especially when above half, or three full parts of the Members were absent or driven from both Houses, by the Objectors violence and menaces.  
These Answers premised, I shall now proceed to the proof of the Lords undeniable Right and Authority to sit, Vote, and give Judgement in Parliament, though not actually elected and called by the people, as Knights and Burgesses are.  
1. It is evident, by the Histories, Republikes of most ancient and modern Kingdoms and Republikes in the world, that their Princes, Nobles, Peers and great Officers of State, have by the Original Fundamental Laws and Institutions, by right of their very 
g 31. H. 8 c. 10 See M. Seldens Titles of Honour, Cassanaeus Catalogus Gloriae Mundi: Alanso Lopez in Nobiliario, and others who writ of Nobility. Cambd. Brit. of the Nobility and Courts of justice in England  Nobility, Peerage, and great Offices, without any particular election of the people, a just right and title to sit, consult, Vote, enact Laws, and give judgement in all their General Assemblies of State, Parliaments, Senates, Diets, Counsels; as might be mainfested by particular instances in the Kingdom's Republikes, Parliaments, Diets, and General Assemblies of the jews, Egyptians, Grecians, Romans, Persians, Ethiopians, Germans, French, Goths, Vandals, Hungarians, Bohemians, Polonians, Russians, Swedes, Scythians, Tartars, Moors, Indians, Spaniards, portugals, Danes, Saxons, Scots, Irish, and many others: And to deny the like privilege to our English Peers and Nobles, which all Nobles, Peers in all other Kingdoms, Nations, Republikes anciently have done, and yet do constantly enjoy, without exceptions or dispute, is a gross unjury, injustice and oversight, yea a great dishonour both to our Nobility and Nation.  
Secondly, By, and in the very primitive constitution of our English Parliaments, it was unanimously agreed by the Kingdoms and people's general consents, that our Parliaments should be constituted and made up, not of Knights and Burgisses only, elected by 
* E. H 6. c. 7. 10. H. 6. c. 2. 32 H. 6 c. 15. Crumpton. Jurisdict. p. 1. 2. 3. Cook 4 Instit. c. 1.  Freeholders and Burgesses (not by the generality of the vulgar people, who would now claim and usurp this right of election) but likewise of the King, the Supreme Member, by whose 
h Cook Instit. c. 1. n. 1. 10. Modus Tenendi Parliamentum. Crompton Jurisdiction of Courts, Tit. Parliament. M. Seldens Tit. of Honour. par. 2. c. 5.  writs the Parliaments were to be summoned, and by the Lords, Peers, Barons, (ecclesiastical and civil) and great Officers of the Realm, who ought of right to sit, vote, make Laws, and give Judgement in Parliament by virtue of their Peerage; Baronries and Offices, without any election of the people: the Commons themselves being no Parliament, judicatory, or Lawgivers alone, without the King and Lords as Modus tenendi Parliamentorum; Sir Edward Cook in his 4. Institutes. ch. 1. Mr. Seldens Titles of Honour. part. 2. ch. 5. Vowel, Camden, Sir. Thomas Smith, cowel, Minshaw, Crompton with others who have written of our English Parliaments, assert, and all our Parliament Rolls, Statutes, and 
i 33. H. 6. 16. Br. Parliam. 4. 39 E 3. 7. 35. 11. H. 7 27. Br Parl. 107. 4. H. 7. 18. 7 H. 7. 14 Crumptons' Iurisd f. 9 Co. 4. Institutes. n 15 35. Fit f. 20. Dyer. 92. judge Hutton's Argument of Mr. Hamdens' case. p 32. 33.  Law-bookes, resolve, without whose threefold concurrent assents there is or can be no Act of Parliament made.  
Thirdly, This right of theirs is confirmed by prescription and custom from the very first beginning of Parliaments in this Kingdom till this present, their being no one precedent to be found in History or Record of any one Parliament held in this Island since it was a Kingdom without the King personally or representatively present (by a Protector, Custos or Regni, Commissioners) as he ought to be, or without Lords and Peers; anciently styled Aldermen, Heretockes, Senators, Wisemen, Nobles, Princes, Earls, Counts, Dukes, etc. by our Historians; who make mention of their resorting to, fitting, voting and judging in our Parliaments General Assemblies and Counsels, under those Titles, without the people's Election, long before the Conqueror's time; in the anciented Parliaments and Counsels we read of, witness Ingulph, Beda, Huntingdon, Matthew Westminster, Florent●us, Wigorniensis, Malmesbury, Hector Boetius, Speed, and other in their Histories, Antiquitates Ecclesiae Britanicae, Spelmanni Concilia. Tom 1. Sir Edward Cook in his Preface to the 9 Report, and fourth Institut. c. 1. and above all others Mr. Seldens Titles of Honor. part. 2. c. 5. Truth triumphing over falsehood, Antiquity over Novelty. p. 56. to. 90. and Mr. Lambert in his Archaion: there being little or no mention at all of any Knights of Sbires Citizens, or Burgesses in any of our Parliaments and Counsels, before the Conquest, or in the Conqueror's time, and his next Successors, but of Earls, Barons, Nobles, Archbishops, and Bishops only for the most part; whom Sir Edward Cook and others conceive were comprehended under the names of Sapientum, or wise men, Seniores populi, (extending to Peers too, as they confess) or at least wise under these phrases; 
k Spelman C. p. 194.  praesentibus omnibus Ordinibus illius Gentis, cum utris quibusdam Militaribus (rather Soldiers than Knights,) of which we find mention in the Council of Be●henceld. 
l Spelman Ibid p. 21●.  An. 697. or, omnium Sapientum Seniorum, & POPULORUM totius Regni; coupled with these pre-eminent Titles of Omnium Aldermannorum, Principum, Procerum, Comitum, who met together in a general Council under King Jue. An. 713. Or 
m Spelman. p. 318.  cujuscunque Ordinis viros, in the Conncell of Cloveskro. An. 800. which expressions we find are now and then mentioned in some ancient Counsels and Parliaments, though rarely: And if that of 
n Hist. p. 870.  Ingulph and other our Historians and some Lawyers be true, (which 
o First institut. f. 108.  Sir Edward Cook, and 
p Titles of Honour. part 2. ●. 5. sec. 3. p. 614 615. etc.  Mr. Selden deny) (that King Alfred first divided the Realm into Counties, as all grant he did into Hundreds and Tithings, and erected Hundred Courts wherein Knights of the Shire were always, & yet are, & aught to be elected) there could be no Knights of Shires at least (if any Citizens or Burgesses) to serve in Parliament, before this division, though there were Earls, Dukes, and Barons before his reign (who were present by the King's summons, not people's elections, at our Parliaments, and General Counsels) as 
q Titles of Honour 2. chap. 5. sec. 2. 3. 4. 5.  Mr. Selden, and 
r Glossarium. Tit. Comitis & Comitatus.  Sir Henry Spelman undeniably manifest.  
Their sitting, voting, and judging therefore in Parliament, being so ancient, clear and unquestionable ever since their first beginning till now; and the sitting of Knights, Citizens, and Burgesses by the people's election in our ancientest Parliaments and Counsels not so clear and evident by History or Records as theirs: we must needs acknowledge and subscribe to their Right and Title, or else deny the Knights, Citizens and Burgesses rights in Parliament rather than theirs, who have not so ancient nor clear a Title or right as they.  
Fourthly, This Right and Privilege of theirs is vested legally in them by the very Common-Law and Custom of the Realm, which binds all men; & the unanimous consent of all our Ancestors, & all the Commons of England from age to age assembled in Parliament, since we had any Parliaments, who always consented to, desired, and never once opposed the Lords sitting, voting, power or Judicature in Parliament, and by Magna Charta itself wherein they are first mentioned and provided for. Hereupon King Henry the third (not long after Magna Charta was granted, and at the same time it was proclaimed and confirmed with a most solemn Excommunication in the presence of all the Lords, and Commons by all the Bishops of England, against the infringers thereof) summoning a Parliament at London in the year 1255. to aid him in his wars in Apulia; the Earls and Barons, absolutely refused to give him any assistance at all, not only because he had undertaken that war without their advice, but also for this reason; 
s Math. Paris An. 1255. p. 884 885. Daniel. p. 172  That ALL THE BARONS were not summoned by him to this Parliament, AS THEY OUGHT TO BE ACCORDING TO THE TENOR OF MAGNA CHARTA; whereupon they departing in discontent, and refusing to sit longer, the Parliament was dissolved. 
t Mr. St. John's Speech concerning Shipmoney p. 33. 1. H. 4. n. 21. 22 25. 36.  And upon this very ground, among others, the Parliament of 21 R. 2. with all the Acts and proceed therein were repealed and nulled by the Parliament of 1. H. 4. because the Lords who adhered to their King were summoned by him to the Parliament, and some of the opposite party imprisoned, impeached, and omitted, and many Knights of the shire were only elected by the King's nomination & Letters to the Sheriffs; And the Parliament itself kept by force, viris armatis & sagittarijs minensis, brought out of Cheshire as an extraordinary guard, quartered in the King's Court at Westminster, and about Charing Cross and the Muse; of which 
u Chron p 389. 390.  Grafton, and other Historians writes thus. That they fell suddenly into so great pride of the King's favour, that THEY ACCOUNTED THE KING TO BE AS THEIR FELLOW, and THEY SET THE LORDS AT NAUGHT; yet few or none of them were Gentlemen, but taken from the plough, and Cart, and other Crafts. And after these rustical people had a while courted, they entered into so great a boldness, that they would not let, neither within nor without the Court, to beat and slay the King's good subjects; to take from them their victuals, and pay for them little or nothing at their pleasure: (as our free-quarterers do now) falling at last to ravish men's wives and daughters: And if any man fortuned to complain of them to the King, he was soon rid out of the way no man knew how, or by whom, so as they did what they listed; the King not caring to do justice upon them, but favouring them, in their misdoings, confiding in them and their guards against any others of the Kingdom, which gave Liege's of his Kingdom great matter of commotion and discontent. The bringing up of which guard to Westminster to force, and overawe the Parliament to effect his own designs is one principle Article exhibited against him by the Parliament, for which he was deposed. I pray God our New armed Guard and Courtiers at Whithall and the Muse (of as mean condition as those) fall not by degrees to the selfsame exorbitances, contempt of the King, Lords, Parliament, and oppression of the people, to their general mutining and discontent. In the Parliament of 6 E. 3, N 1. & Parl. 2. N. 5. 6. 8. 9 and most of the ensuing Parliaments in this King's reign, and in divers Parliaments in Ric. 2. Henry 4. c. 5. 6. was found in the Parliament Rolls that the Parliaments have been prorogued and adjourned from the days they were summoned to meet, and have not sat, nor acted at all; because some of the Lords were not come by reason of foul weather, shortness of warning or other public employments; all their personal presence in Parliament being reputed necessary and expedient. And 20. R. 2. N. 8. The Commons themselves in Parliament required the King to SEND FOR SUCH BISHOPS and LORDS WHO WERE ABSENT, to come to the Parliament, before they would consult of what the Chancellor propounded to them in the King's name and behalf to consider of. To recite no more ancient Precedents in the Parliament of 2. Caroli, the Earl of Arundel sitting in the Parliament being committed by the King to the Tower of London about his son's marriage May 25 1626. without the Houses privity and consent, whereby their Privileges were infringed, and the House deprived of one of their Members presence thereupon the Houses of Peers adjourned themselves on the 25 and 26. of May without doing any thing; and upon the King's refusal to release him, they adjourned from May 26. till June 2. refusing to sit, and so that Parliament dissolved in discontent, his imprisonment in this case being a breach of Privilege, contrary to Magna Charta. And not long after the beginning of this Parliament, upon the King's accusation and impeachment of the Lord Kimbolton and the five Members of the Commons House 
* An Exact collection part 1.  both Houses adjourned and sat not as Houses, till they had received satisfaction and restitution of those Members, as the Journals of both Houses manifest; it being an high breach of their Privileges, contrary to the Great Charter. If then the Kings bore not summoning, of some Pears to Parliament, who ought to sit there by their right of Perage; or impeaching or imprisoning any Peer unjustly, to disable them to sit personally in Parliament, be a breach of the fundamental Laws of the Realm, and of Magna Charta itself (confirmed in above 40. succeeding Parliaments,) then the Lords right to sit, vote and Judge in Parliament, is as firm and indisputable as Magna Charta can make it; and consented to and confirmed by all the Commons, people and Parliaments of England, that ever consented to Magna Charta though they be not eligiable every Parliament by the freeholders, people, as Knights and Burgesses ought to be: and to deny this birthright and Privilege of theirs, is to deny Magna Charta itself, and this present Parliaments Declarations, and proceed in the case of the Lord Kimbolton, a member of the House of Peers.  
Fifthly, The ancient Treatise (entitled. 
* See Cook ● Justit. p. 12. for the Antiquity, and for the Authority of this Treatise.  The manner of holding Parliaments in England in Edward the Confessors time (before the Conquest) rehearsed (afterwards) before William the Conqueror by the discreet men of the Kingdom, and by himself approved and used in his time, and in the times of his Successors Kings of England; if the Title be true, and the Treatise so ancient as many now take it to be) determines thus of the Kings and Lords right to be personally present in all Parliaments. The King IS Bound by all means possible TO BE PRESENT AT THE PARLIAMENT, unless he be detained or let there from by BODILY SICKNESS; and then he may keep his Chamber, yet so THAT HELYE NOT WITHOUT THE MANOR OR TOWN WHERE THE PARLIAMENT IS HELD: and then he ougth to send for twelve persons, of the greatest and best of them that are summoned to the Parliament; that is, two Bishops, two EARLS, two BARONS, two Knights of the Shire, two Burgesses▪ and two Citizens to look upon his person to testify and witness his estate; and in their presence he ought to make a Commission and give Authority to the Archbishops of the Peace, the steward of England, and Chief Justice, that they jointly and severally should begin the Parliament and continue the same in his name, express mention being made in that Commission of the cause of his absence then, which ought to suffice and admonish the OTHER NOBLES, chief men in the Parliament, together with the evident testimony of the twelve Peers of theirs. The reason is, BECAVSE THERE WAS WANT TO BE A CRY OR MURMUR IN THE PARLIAMENT FOR THE KING'S ABSENCE, BECAUSE HIS ABSENCE IS HURTFUL and DANGEROUS TO THE WHOLE COMMONALTY OF THE PARLIAMENT and KINGDOM, WHEN THE KING SHALL BE ABSENT FROM HIS PARLIAMENT. Neither indeed OUGHT OR MAY HE BE ABSENT BUT ONLY IN THE CASE AFORESAID. After which it follows. The Archbishops, Bishops and other chief of the Clergy ought to be summoned to come to the Parliament; and Also EVERY EARL and BARON, and their PEERS OUGHT TO BE SUMMONED and COME TO THE PARLIAMENT, etc. Touching the beginning of the Parliament. The Lord the King, shall sit in the midst of the great bench, and is bound to be present in the first and last day of Parliament. And the Chancellors, Treasurer and Barons of the Exchequer, and justices were wont to record the defaults made in Parliament according to the order following. In the third day of the Parliament, the Barons of the Cinqueports shall be called, and after wards the BARONS of England; after them the EARLS, Whereupon if the Barons of the Cinqueports be not come, the Barony from whence they are shall be amerced at an hundred marks; and an Earl at one hundred pounds: After the same manner it must be done to those who are Peers to Earls and Barons. After which it relates the manner, of place of the Earls, Barons and Peers in Parliament, Then adds. The Parliament may be held, and AUGHT every day to begin at one of the clock in the afternoon: at which time THE KING IS TO BE PRESENT AT THE PARLIAMENT and ALL THE PEERS OF THE KINGDOM. None of all the Peers of the Parliament MAY OR OUGHT TO DEPART alone from the Parliament, unless he have obtained (and that in full Parliament) leave from the KING and of ALL HIS PEERS so to do; and that with all there be a remembrance kept in the Parliament roll of such leave and Liberty granted. And if any of the Peers during the term of the Parliament shallbe sick or weak, so as he is not able to come to the Parliament, than he ought three days together send such as may excuse him to the Parliament, or else two Peers must go and view him: and if they find him sick, than he may make a Proxy. Of the Parliament, the King is the Head, the beginning and ending. So this ancient Treatise, The Statute of 5. R. 2. Parl. 2. ch. 4. enacts by COMMAND of the King, and ASSENT of the Prelates, LORDS and COMMONS in Parliament; That all and singular persons and Commonalties, which from henceforth shall have the Summons of the Parliament, shall come from henceforth to the Parliament in the manner AS THEY BE Bound TO do, and hath been ACCUSTOMED within the Realm of England OF OLD TIME. And every person of the said Realm which from henceforth shall have the said Summons, (be he Archbishop, Bishop, Abbot, Prior, DUKE, LORD, BARON, Baronet, Knight of the Shire, Citizen of City, Burgess of Burgh, or other singular person or Commonalty) do absent himself, or come not at the said Summons, (except he may reasonably or honestly excuse himself to our Sovereign Lord THE KING) HE SHALL BE AMERCED and OTHERWAYS PUNISHED ACCORDING AS OF OLD TIME HATH BEEN USED TO BE DONE, within the said Realm in the SAID CASE: Which relates unto and agrees expressly with that forecited out of Modus tenendi Parliamentum. If then all the Judges and Pears in Parliament are bound to attend the Parliament, & not to departed without the Kings and Houses leave under pain of Amercement and other punishment as this Statute resolves, and 3. Ed. 3. 19 Fit. 2. C●ron. 161. Stamford. l 3. c. 1. f. 153. Cook Instit. p. 15. 16. 17. 43 18. E. 3. Mo. 1. 2 8. and 31. H. 6. n. 46. (What fine were imposed on absent Lords) manifest then questionless they ought of right to sit in Parliament, else it were the height of Injustice thus to fine them. In the tenth year of King's ●. 
* Graf●o●● Cron. p. ●. 〈◊〉. 350.  2. this King absented himself from his Parliament then sitting at Westminster, residing at Eltham about forty days, and refusing to come to the Parliament, and yet demanding from them four fifteen for maintenance of his Estate and outward Wars. Whereupon the whole body of the Parliament made this answer, THAT UNLESS THE KING WERE PRESENT THEY WOULD MAKE THEREIN NO ALLOWANCE. Soon after they sent the Duke of Gloucester and Bishop of Ely, Commissioners to the King to Eltham, who declared to him among other things in the Lords and Commons behalf; how that by AN OLD ORDINANCE THEY HAVE AN ACT if the King absent himself 40. days not being sick, but of his own mind, (not heeding the charge of his people, nor their great pains) and will not resort to the Parliament, they may then lawfully return to their Houses. And now sir (said they) you have been absent a longer time, and yet refuse to come amongst us, which is greatly to our discontent. To which the King answered; Well, we do consider, that our own people and Commons go about to rise against us, wherefore we think we can do no better, then to ask aid of our Cousin the French King, and rather to submit us to him, then unto our own subjects. The Lords answered. Sir, that Counsel is not best, but a way rather to bring you into danger etc. By whose good persuasions, the King was appeased, and Promised to come to the Parliament, and condescend to their Petitions, and according to his appointment he came, and so the Parliament proceeded, which else had dissolved by the Lord's departure thence in discontent, and the King's wilful absence.  
Andrew Horn in his Mirror of Justices, in the reign of King Edward the first, writeth, That our Saxon Kings divided the Realm into 38 Counties, over which they set so many Counts or Earls, and though the King ought to have no Peers in his land, but PARLIAMENTS, all Writs and Plaints of the Moneys of the King, Queen, and their Children, and of those especially, who otherwise could not have common right of their wrongs. These Companions are now called Counts after the latin word Comites. For to the Estates of the Realm King Alfred assembled the COUNT'S or Earls, and ordained by a Perpetual Law, that twice a year or oftener, they should assemble at London in Parliament to consult of the Government of the people of God.  
Fleta. l. 2. c. 2. p. 66. writes thus in the same King's reign. Habet enim Rex curiam suam in concilio suo in Parliamentis suis, PRAESENTIBUS Praelatis, COMITIBUS, BARONIBUS, PROCERIBUS, & alijs viris peritis ubi terminatae sunt dubitationes, judiciorum, & moris injuriis eversis, nova constituuntur remedia. And l. 17. c. 17. he writes thus. Rex in populo regendo superiores habet, Vidilicet legem perfactus est Rex; & Curiam suam, (to wit of Parliament.) videlicet, COMITES & BARONES. Comites enim a Comitia dicuntur, qui cum viderint Regem sine froeno, Froenum sibi apponere TENENTUR, ne clament sabditi: Domine Jesus Christ in Chamo & froeno maxillas eorum constringe. Sir Thomas Smith in his Commonwealth of England. 
* Bracton l. 2. c. 〈◊〉. l. 3. c 9 〈◊〉 the like in the same words in Henry the 3. his reign.  l. 2. c. 1. John Vowel, and Ralph Hollinshed, vol. 1. c. 6. p. 173. Mr. Cambden in his Britania. p. 177. John Minshew in his Dictionary vuell in his Interpreter Title Parliament; powel in his Attorneys Academy, and others, unanimously conclude. That the Parliament consisteth of the KING, the LORDS SPIRITVALL and TEMPORAL and the Commons; which STATES represent the body of all England, which make but one assembly or Court called the Parliament, and is of all other the Highest and greatest Authority, and hath the most high and absolute power of the Realm: And that no Parliament is or can be holden without the King and Lords, Mr. Crompton in his Jurisdiction of Courts, affirms, particularly of the High Court of Parliament. f. 1. etc. This Court is the highest Court of England, in which the King himself fits in person, and comes there at the beginning and end of the Parliament, and AT ANY OTHER TIME WHEN HE PLEASETH ORDERING THE PARLIAMENT. To this Court come ALL THE LORDS OF PARLIAMENT, as well spiritual a● temporal, and are severally summoned by the Kings writ at a certain day and place assigned; The Chancellor of England and other great officers or Judges are there likewise present; together with the Knights, Citizens and Burgesses; who all aught to be personally present, or else to be amerced, and otherwise punished if they come not being summoned, unless good cause be showed, or in case they depart without the Houses or Kings special licence after their appearance before the Sessions ended: And he resolves that the King, Lords and Commons do all jointly make up the Parliament, and that no Law nor Act of Parliament can be made to bind the subject, without all their concurrent assents.  
Sir Edward Cook not only in his Epistle before his ninth Report and Institutes on Littleton. p. 109. 110. But likewise in his 4. Institutes (published by Order of this present Parliament. c. 1. p. 1. 2 &c) writes thus of the high & Honourable Court of Parliament. This Court consisteth OF THE KING'S MAJESTY, sitting there, as in his royal politic capacity, and of the three Estates of the Realm, viz. Of the Lords Spiritual, Archbishops and Bishops, being in number 24. who sit there in respect of their Counties or Baronies, parcel of their Bishoprics, which they hold also in their politic capacity; and every one of these when the Parliament is to be holden, aught exdebito Justitiae, to have a writ of summons. The LORDS TEMPORAL, Dukes, Marquesses, Earls, Viscounts and Barons, who sit there by reason of their dignities which they hold by descent or creation: And likewise EVERY ONE OF THESE being of full age OUGHT TO HAVE a writ of summons EX DEBITO JUSTITIAE. The third estate are the Commons of the Realm, whereof there be Knights of Shires or Counties, Citizens of Cities & Burgesses of Burro. All which are respectively by the Shires or Counties, Cities & Buroughs by force of the Kings writ, Ex debito Justitiae; and none of them ought to be omitted: and these represent all the Commons of the whole Realm, and trusted for them, and are in number at this time 493. Headed. And it is observed that when there is best appearance, there is the best succession in Parliament. At the Parliament holden in the 7. year of H. 5. holden before the Duke of Bedford Guardian of England, of the Lords Spiritual & Temporal there appeared but 30. in all: at which Parliament there was but one Act of Parliament passed and that of no great weight. In An. 50. H. 3. ALL THE LORDS APPEARED IN PERSON, and not one by Proxy: at which Parliament as appeareth by the Parliament Roll, so many excellent things were sped and done, that it was called Bonum Parliamentum. And the King and these three estates are the great Corporation or the body of the Kingdom, & do sit in two Houses, & of this Court of Parliament the King is Caput, Principium, & Finis. The Parliament cannot begin but by the Royal Presence of the King either in person or representation, by a Guardian of England, or Commissioners, both of them appointed under the great Seal of England, etc. And 42. E. 3. Rot. Parl. num. 7. It is declared by the Lords and Commons in full Parliament, upon demand made of them, on the behalf of the King, That they could not assent to any thing in Parliament, that tended to the disinherison of the King and his Crown whereunto they were sworn. And p. 35. he hath this special observation; That it is observed by ancient Parliament men out of Record that Parliaments have not succeeded well in five cases. First, when the King hath been in difference with his Lords and with his Commons. Secondly, When any of the great Lords were at variance between themselves. Thirdly, When there was no good correspondence between the Lords and Commons. Fourthly, When there was no unity between the Commons themselves (in all which our present Parliament is now most unhappy, and so like to miscarry and succeed very ill.) Fiftly, When there was no preparation for the Parliament before it began: every of which he manifests by particular instances.  
From all these and sundry 
z Judge H●●rons Argument of Mr. Hampdens' case. p. 32. 33. Daltons' office of Sherriffs  other Authorities, it is most evident & transparent, That both the King himself and Lords, aught of right to be present in Parliament, and ever have been so, as well as the Commons: and neither of them to be excluded, since they all make up but one Parliament ought of right and duty to be present at, and no Lords and Commons to departed from it without special leave, under pain of amercement and other penalties, because no binding Law can be passed without their joint consents. And that the Commons alone are no more a Parliament of themselves without the King and Lords, than the Common Council of London are an entire Corporation without the Lord Major, Aldermen; or the Covent without the Abbot; the Chapter without the Dean, or the legs or belly a perfect man without the head, or neck.  
Sixtly, The ancient and constant form of endorsing Bills in Parliament begun in the Commons House in all Parliaments since the Houses first divided, 
33. H. 6. 17. Brooke Parliament. 4 Cromptons' jurisdiction of Courts. f. 8. Mr. Hackuel of the manner of passing Bills in Parliament.  unanswerably demonstrates the Commons of England's acknowledgement of the Lords right to fit, vote, assent or disassent to Bills in Parliament. viz. SOIT'BAYLE A SIGNIOR: let it be delivered or sent up to the Lords. Yea, the Commons constant sending up of their own Members, with Messages to the Lords, and receiving Messages from them, and entertaining frequent conferences with them in matters where their opinions differ, in which conferences the Lords usually adhere to their dissents, unless the Commons giveth emsatisfaction and convince them, and the Lords oft times convince the Commons, so fare as to consent to their alterations of Bills, Ordinances, Votes, and oft to lay them quite afide; is an unquestionable argument of their Right to sit and vote in Parliament; and of their Negative Voice too: All which would prove but a mere absurdity and superfluity if the Commons in all ages and now too, were not convinced, that the Lords had as good right to sit and vote in Parliament, and a Negative and dissenting voice, as well as they, never once questioned or doubted till within this year or two, by some seditious Disciples of Lilburnes and overton's entering, who endeavoured to evade their justice on them.  
Seventhly, This just Right of the Lords is expressly and notably confirmed by all the Commons of England in the Parliament of 31. H. 8. c. 10. concerning the placing and sitting of the Lords and Great Officers of State in the Parliament House; made by the Commons consent, It being in vain to make such a Law, (continuing still till this very day both in force and use) if they had no lawful right to fit and vote in Parliament, because they are not elective, as Knights, and Burgesses are. And by the Statute of 39 H. 6. c. 1. made at the Commons own Petition to repeal the Parliament and all proceed of it held at Coventry the year before, by practice of some seditious persons, of purpose to destroy some of the great Nobles, faithful and Lawful Lords and Estates, merely out of malice, and greedy and unsatiable covetousness to possess themselves of their lands, possessions, Offices and goods, whereby many great Injuries, Enormities, and Inconveniences, well nigh to the ruin, decay, and universal subvertion of the Kingdom, ensued. The very design of our Lilburnists, Sectaries, and Levellers now; out of particular malice and covetousness, to share the Lords and all rich Commoners lands and estates between them, being poor and indigent covetous people for the most part, scarce forty of them worth one groat, at least before these times.  
This apparent Right of theirs, is undeniably ratified and acknowledged not only by the very words of the writs by which the Lords themselves are summoned to the Parliament, but even of the writs for election of Knights and Burgesses, the form and substance whereof are ancient, and can receive NO ALTERATION NOR ADDITION but by Act of Parliament, as 
b Institutes. 4 p. 10.  Sir Edward Cook resolves, By this writ the Prelates, Nobles and others of the Realm are summoned to the Parliament there to treat and confer with the King, of the arduous and ●rgent affairs of the Realm and Church of England: as the first clause of the writ. Carolus etc. quia, etc. pro quibusdam arduis & 〈◊〉 negotiis Nos, Statum & defensionem Regni nostri Angliae, & ●●●l●siae Anglicanae concernent: quiddam Parliamentum nostrum & teneri ●●●●●avimus; & ibidem, cum Praelatis, MAGNATIBUS & PROCERIBUS dicti Regni nostri COLLOQUIUM HABERIET TRACTARE, Tibi praecipimus, And the Commons are summoned, to perform and consent to those things which shall there happen to be ordained by this Com. Coun. of the Kingdom, etc. And if they are thus summoned, not to treat amongst themselves as an independent and entire Parliament, but to confirm and consent to what the King, Prelates, Great men, and Peers, the Common Council, of the Realm shall ordain about such affairs, as they must of necessity admit the King, Lords and Peers to be altogether as essential (yea more principal eminent Members) of Parliament though not elective, as the Knights & Burgesses, who are but summoned to consent to & perform what shall happen there by common advice to ordain, or at least to consult and advise with them, as their inferiors; not to overrule them, as their superiors, and the only Supreme power in the Kingdom; and if they will totally exclude either King or Lords from Parliament, who are distinct & essential Members of it as well as the Commons, and have always been so reputed until now, the Commons may sit alone as Ciphers, but not as a Parliament, to vote or act any thing that is binding to the people; since though in extraordinary cases for the saving of the Kingdom, they may securely use extraordinary means & proceed, yet regularly they are no more a Parliament without the King, & Lords, then the King or Lords alone are a Parliament without the Commons; or the trunk of a man, a perfect man without a head or shoulders. If 
* Dyer. 61. 62. Cook. 5 Report f. 90. 91. 94. 120. 121. v. 1. Rep. 111. 173 19 R. 8. 9 Br. executors 3. 15 11. 7. 12.  3. be jointly empowered or commissioned to do any act by Commission Deed, or Warrant, any one or two of them can do nothing without the 3d. If many be in Commission of the Peace, Sewers or the like and three of the Quorum jointly, & act there jointly, if any one of the three be absent all the rest can do nothing, In Parliament itself, If either House appoint a Committee of 3. 5. or 7. to examine act or execute any thing, if but one of this number be absent or put out, the rest can do nothing, that is legal or valid even by course of Parliament, neither can either House sit and vote as a House unless there be so many Members present, as by the Law and custom of Parliament will make up an House as every man's experience can inform him. If these Levellers than will absolutely cut off or exclude the King or Lords from the Parliament, they absolutely null and dissolve it: and the Act ●or continuing this Parliament cannot make nor continue the Commons alone together as a Parliament, no more than the Lords or King alone without the Commons; the King or either House alone being no Parliament, but both conjoined and enlivened with the King's personal or representative presence. The cutting of the head alone, or of the head and shoulders, altogether destroys and kills the body Politic and Parliament, as well as the body natural, If the King dies or resigns his Crown, or be deposed, the Parliament thereby is actually dissolved, as it was resolved in the Parliament of 1. H. 4. n. 1. 2. 3. and 4. F. 4. 44. And so if the Lords or Commons dissolve and leave their House, without any adjournment, the Parliament is thereby dissolved, as the forecited precedents, and the latter clause of the writ for the election of Knights and Burgesses manifests. And a new kind of Parliament consisting only of Commoners, when the old one (only within the Act for continuing this Parliament made up both of King, Lords, and Commons) is dissolved; neither will or can be supported or warranted by the letter or intention of this Law.  
Ninthly, All the Petitions of the Commons in all Parliaments since the Conquest to the King, or Peers for their redress of grivances recorded in many ancient Parliament Rolls: All Acts of Parliament extant usually run in this form 
* Cook 4. Instit. c. 1.  The King with the assent of the Lords Spiritual and Temporal in Parliament hath ordained, and be it enacted by the Kings most Excellent Majesty, the Lords Spiritual and temporal in this present Parliament assembled. The famous Petition of Right. 3. Car. so much insisted on, beginning thus, Humbly show unto our Sovereign Lord the King, the Lords spiritual and Temporal and Commons in Parliament assembled; thus answered by the King; Let right be done as is desired. The Act of continuing this Parliament made by the King and Lords, as well as by the Commons, (who never intended to exclude themselves out of this Parliament by that Act, or that it should continue if either of them were quite dismembered from it,) with all Acts and Ordinances since. Yea the Protestation, Solemn League and Covenant, taken by the Commons and Lords, & prescribed by them to all others throughout the three Kingdoms, which couple the Lords and Commons always together, (neither of them alone being able to make any binding Ordinance to the subjects unless they both concur, no more than one Member alone of either House can make a House) and rank the Lords always before the Commons, and the King before them both; so firmly hold forth, establish the Lords and Kings undoubted Right to sit, and Vote in Parliament, and decry this new mounted Monopoly of a sole Parliament, of Commons without King or Lords, & that absolute Sovereign Power these new Lights have spied out and set up for them in Utopia, that impudence itself would blush to vent such mad, absurd, irrational Frenzies and Paradoxes as these crackbrained persons dare to publish, and they may with as much truth & reason argue, that one man is three, & that the Legs and trunk of a man are a perfect man without head, neck, arms and shoulders; or that the Legs and Body are and aught to be placed above the head, neck and shoulders; as that the House of Commons are or aught to be an entire Parliament; the sole Legislative Power, the only Supreme Authority paramount both King & Lords, who must not have now so much as a Negative voice to deny or contradict any of the Commons Votes, or Ordinances, though never so rash, unjust, dishonourable, prejudicial or dangerous to the whole Kingdom.  
Tenthly, These very Sectaries and Levellers themselves have acknowledged and asserted this Right of Power of the Lords all along this Parliament till of late, 
ᶜ See innocency and truth justified. p. 74. 75. Mr. Edward's Gangraena▪ part. 3. p. 156 157. where his words & contradictions in this kind are receited at large.  as appears by their several Petitions and Complaints to them upon sundry occasions heretofore; by their resorting to them for Justice against Strafford, Canterbury, and others; Yea John Liburne himself, till his late quarrel with them, not only acknowledged their very power of Judicature, but highly applauded their Justice, in his own cause, Petitioning and suing to them not only for reversal of the sentence against him in Starchamber, but likewise for damages and reparations against his Prosecutors, ●leading his cause by his Counsel before them, as his proper Judges; who thereupon by Judgement of the House vacated the Decree against him, as illegal; voted him Damages, and passed him an Ordinance for the recovery and levying thereof; all which he himself both published in sundry of his printed Pamphlets, wherein he acknowledgeth and extolleth their Justice. Take but one passage for all in his Innocency and Truth justified p. 74. 75. If I be transmitted up to the Lords, and confidently believe I shall get forward, out of the former experiences of that Justice that I have found there, and I will instance two particulars. First, when I was a Prisoner in the Fleet, and secondly May the fourth, one thousand six hundred forty one. The King accused me of High Treason, and before the Lords bar was I brought for my life, where although one Littleton, servant to the Prince, swore point blank against me, yet had I free liberty to 
* He did not then demur to their Jurisdiction.  speak for myself in the open House; And upon my desire that Master Andrew's also might declare upon his Oath what he knew about my business, it was done; And his Oath being absolutely contradictory to Master Littleton's, I was both freed from Littleton's malice, and the King's accusation at the Bar of the whole House: And for my part 
* Nota.  I AM RESOLVED TO SPEAK WELL OF THOSE THAT HAVE DONE ME JUSTICE; and not to doubt THEY WILL DENY IT ME, till such time as by experience I find they do it.  
And at that time he was so much for the Lords, that he writes most disgracefully, derogatorily of the Commons (and other his Confederates by his example) and of their want of power, injustice, and proceed, 
d His ●etter to a friend-Innocency and truth justified. His ●etters to the General Hen. Martin, & L. G. Cromwell England's Birthright See Mr. Edw. Gangraena. part 3. p. 146. to 228.  quarrels only with them, and their Committees for their delays and injustice towards him: telling them to their faces in many of his former, and late printed Libels: That they have no power at all to commit or examine him, or any other Commoner of England without the Lords: nor yet to give or take an Oath: That they are but a piece and lowest part of the Parliament, not a Parliament alone, That they can make no binding Votes, Ordinances or Laws, nor commit, nor command any Commoner, without the Lords, and in one or two Pamphlets he endeavours to prove them to be now no lawful House of Commons at all, nor would he ever acknowledge them to be so, and that he would make no more conscience of cutting theirs and the Lords throats, (the Tyrants and Oppressors, at Westminster) then of killing so many Weasels and Polecats; with many other like scurrilous and mutinous expressions. His own printed Papers, Petitions and Actions therefore are an unanswerable confutation of his malicious contradictions of their Authority and judicature since, for their exemplary justice on him: and he must either now reacknowledge their right of sitting, voting, and judging in Parliament to be lawful, or else renounce his own former Petitions and addresses to them for justice, retract all his former printed Papers asserting their Power and judicature, and extolling their justice; yea disclaim their judgement for vacating his own Sentence, in the Starchamber, their awarding him Damages, and passing an Ordinance to recover them, as merely null and void, being made before no lawful or competent Judges, as now he writes, since not elected, by the people's Votes. And let those his followers who admire him for his Law, observe these his palpable and invincible contradictions, and be ashamed and afraid to follow such an ignorant and erroneous guide, who writes only out of malice, and faction, not of judgement, as his contradictions evidence. 11ly. The Acts for preventing the inconveniences happening by the long intermission of Parliaments. And to prevent the inconveniences which may happen by the untimely adjourning proroging, or dissolving the Parliament, made this Parliament, and assented to by the King at the Commons importunity, confirm the Lords interest and right to sit and Vote in Parliament beyond all dispute, and give them anew power to summon a Parliament themselves in some cases.  
●● ly. The ancient form still continued till this day of dismissing Parliaments and dissolving them, by the King's licensive, THE LORDS and COMMONS TO DEPARTED HOME and TAKE THEIR EASE. 37. E. 3. n. 34. 38. E. 3. n. 18. 40. E. 3. n. 16. 43. E. 3. n. 34. 45. E. 3. n. 8. 13. 47. E. 3. n. 7. and all Parliaments since) proves their right of sitting in, and attending the service of the Parliament in person (without special licence of the King) during its continuance, in despite of all ignorant cavils to the contrary.  
Having thus impregnably evinced the Lords undoubted right to sit and vote in Parliament, though they be not elective by the people's voices as Knights and Burgesses are; I shall next discover unto our illiterate Ignoramusses, who oppose this their right, the justice and good grounds and reasons of our Ancestors, why they instituted the Lords and Peers to sit and vote in Parliament by right of their Nobility and Peerage; which will abundantly satisfy rational men, and much confirm their right.  
First, the Nobles and Great Officers in all Kingdoms, and in our Kingdom too, in respect of their education, birth, experience and employment in State-affairs, have always been generally reputed the wisest and best experienced Commonwealths men, best able to advise and Council the King and Kingdom in all matters of Government, Peace, or War; as our Historians, Antiquaries, Politicians and Records, acknowledge and attest; whence they were anciently styled 
e Mr. Selden● Titles of honour part 3. ch. 5. Sir Edward Cook's Epistle to the 9 Report: and ● Instit. p. 120. 4. Instit. p. 2. Cambdens Brit. p. 177. Spelmanni Concil. Tom. 1.  Aeldermen, Wisemen; Magnates, Optimates, Sapientes, Sapientissimi, & Clarissimi viri: Conspicui Clarique viri, Primates, Nobiles, etc. in our Historians and Records: and our Parliaments in that respect are frequently styled in ancient times Consilium SAPIENTUM: upon which Grounds our Kings (and 
* 1. E. 3. n. 36. 55, 56. 45 E. 3. n. 15, 16. 50 E. 3. n. 10. to 14. 1 R. 2. n. 10. to 27 47 50, 51. 112, 113. 17 R. 2. c. 1 2. 13 R. 2. n. 6, 7. 17 R. 2. n. 17 18. 8 H. 4. n. 31. to 92. 11 H. 4. n. 14. 28. 39 44. 13 H. 4. n. 11.  Commons too, when ever they recommended Councillors of State to the King in Parliament) made choice of 
f See the Sovereign Power of Parliaments part 1. and 2.  Lords and other Peers for their Privy Councillors) and therefore it was thought fit, just and equal the King should ever summon them to the Parliament by his Writ, without any election of the people, 
Mr. pryn's Truth Triumphing over falsehood. p. 56. to 70. Stat. de 4 E. 1. c. 2. Lambert Archaion.  for their own inherent wisdom, excellency and worth, the Original cause of advancing and ennobling them at first, as is expressed in their Patents: and evident by these Scripture texts. Esth. 1. 13, 14. Isay 59 11, 12, 13. Jer. 5. 5. c. 10. 7. c. 51. 57 Dan. 2. 48. c. 6. 1, 2, 3. Gen. 41. 39, 40. Psal. 101. 21, 22. compared together. This ground of calling the Nobles to the Parliament, is intimated in the very words of the summons: Et ibidem VOBIS CUM Coloquium habere & tractare de arduis & urgentibus Regni & Ecclesiae Anglicanae negociis VESTRUM QUE CONSILIUM IMPENSUR: etc. Et hoc nullatenus omittatis; which implies them to be men of wisdom and experience able to counsel and advise the King in all his weighty and arduous affairs both of the Kingdom and Church: I could give many instances wherein the Commons in Parliament have extraordinarily applauded the Lords and Peers for their great wisdom, and especially desired their wholesome Counsel, as persons of greater wisdom and experience then themselves: but for brevity sake, I shall cite only two Records; one of them most suitable to the present deplorable condition of our State, and worthy imitation: In the Parliament of 21 Edw. 3. no. 45. William de Thorpe in the presence of the King, Prelates, Earls, Barons and Commons declared, that the Parliament was called for two causes: The first concerning the Wars which the King had undertaken by the consent of the Lords and Commons against His Enemies of France. The second, how the Peace of England may be kept. Whereupon▪ the King would the Commons should consult together, and that within four days they should give answer to the King and His Counsel what they think therein. On the fourth day the Commons declare, THAT THEY ARE NOT ABLE TO COUNSEL ANY THING TOUCHING THE POINT OF WAR; wherefore they desire in that behalf to be excused: And that the King will thereof ADVISE WITH HIS NOBLES AND COUNCIL; and what shall be so amongst them determined they the Commons will thereto assent, confirm and establish. By which it is evident the Commons then reputed the Nobles more wise and able to advise the King in matters of War than themselves, who confessed their inability herein, and therefore submitted to assent to whatever the Nobles and Council should therein advise Him. 28 Edw. 3. n. 55. The Commons submit the whole business of the Treaty of Peace with France, TO THE ORDER OF THE KING, AND OF HIS NOBLES. And ●6 Edw. 3. n. 6. The LORDS only advise the King touching Truce or War with Scotland. In the first Parliament of 15 Edw. 3. n. 11. the Commons having delivered in divers Articles concerning the redress of grievances and public affairs to the King, prayed, that unto the Wednesday ensuing their Articles may be committed to certain BISHOPS, BARONS, AND OTHER WISE MEN there named, BY THEM TO BE AMENDED: which the King granted: whereas the Lords exhibited their Articles 〈◊〉 to the King, and the Bishops their Articles apart in this Parliament, and protested that they ought not to answer but in open Parliament BY AND WITH THEIR PEERS; without joining with the Commons, num. 6, 7, 18, etc. 26, 27, 35, 37. which course they held in most following Parliaments.  
I shall conclude with one Precedent more most suitable to the present deplorable condition of our State, and worthy imitation.  
In the Parliament of 5 Hen. 4. Rot. Parl. num. 9 10. The Commons having presented to the King in Parliament divers grievances, in the ill managing of His Revenues, the decay of His Castles, Houses, and Parks; the great poverty and pressures of His Subjects, and danger of the Enemies: thereupon they most entirely and cordially prayed the King to consider the eminent perils of all parts of the Realm by reason of the Enemies and Rebels, of which they had news from day to day, and that as the case then stood, if such mischiefs were not speedily and graciously remedied and reform in this Parliament, it might fall out upon sudden arrival of Enemies, or by some other means this Parliament must of necessity be departed from by all and dissolved, so as the Lords and Commons should never re-assemble again to redress the said Mischiefs and others, which God defend. And therefore that it would please the King considering the HIGH WISDOMS AND DISCRETIONS OF THE LORDS, and that THEY HAD KNOWLEDGE OF MANY PERILS AND MATTERS which could not be so clearly known to the King, that he would now in this present Parliament charge ALL HIS LORDS Spiritual and Temporal, upon the faith they principally own to God, and the faith, Homage and Allegiance which they own to our Lord the King himself, for the aid and salvation of themselves, and of all the Realm, that the said Lords WOULD COUNSEL and show Him their advice and WHOLESOME COUNSEL IN THIS BEHALF SEVERALLY & ENTIRELY without dissimulation, or adulation, having regard to the great mischiefs and necessity aforesaid. And thereupon our Lord the King most graciously, with His own mouth in full Parliament, charged and commanded as well the Lords, as the said Commons, that they should do their diligence, and show unto Him their good and wholesome Counsels in this behalf, for the aid of Him and all His Realm. And after the said Commons in the same Parliament, made request to the said Lords, that seeing the King had given them such a charge and command, and that in so high a manner of Record, that they would do their diligence well and loyally, to persever the same without any courtesy made between them in any manner, as they would answer before the most High, and before our Lord the King, and to all the Realm in time to come; and that the Commons themselves thereupon would do the like on their party. Which if both Lords and Commons would now cordially and sincerely promise and engage to do, without self-ends or interests, we might see our Church and Kingdom speedily settled in a peaceable and happy condition. In brief, the Lords in the very Writ touching Knights and Burgesses, are styled, The Common Council of the Kingdom, and the Knights, Citizens, and Burgesses, are called, to inform and assent to that which they and their King shall Ordain, and 5 Ric. 2. Parl. 2. n. 3. 6 R. 2. n. 8, 9, 11, 26. and Parl. 2. R. 2. n. 7, 9 they are called the GREAT COUNCIL OF LORDS by waging of their extraordinary wisdom and abilities. And therefore most fit to sit, vote, and judge in Parliament.  
Secondly, The Lords and great Officers of the Realm, as such were ever reputed persons of greatest Valour, Courage, Power, (in regard of their great interests, Estates, allies, and retainers) and so best able to withstand, and redress all public grievances, and enchroachments, of the King upon their own and the people's Liberties, in defence whereof they have in ancient times been always most ready and active to spend not only their estates, but blood and lives for, wherewith they have redeemed and preserved those Liberties and Freedoms we now enjoy and contend for. And in this regard our ancestors in point of wisdom, policy and right, thought meet, that they should always be summoned to, and bear chief sway in our Parliaments, in respect of their Peerage, Power and Nobility only without the people's election. This reason of their sitting in Parliament, we find expressly recorded in Bracton, l. 2. c. 16. fol. 34. and in Fleta, l. 1. c. 17. The King (say they) hath a Superior, namely, God; also the Law, by which He is made a King; likewise His Count, to wit, THE EARLS & BARONS, because they are called Counts as being the KING'S FELLOWS, and he who hath a Fellow, hath A MASTER. And therefore if the King shall be without a bridle, that is, without a Law; debent ei fraenum imponere, THEY OUGHT TO IMPOSE A BRIDLE ON HIM, etc. which the Commons being persons of less power and interest were unable to do. Andrew Horn in his Mirror of Justice, ch. 1. §. 2, 3. renders the like reason. In all the contest and Wars between K. John, Hen. 3. Edw. 2. & Rich. 2. concerning Magna Charta, and the Liberties of the Subjects, the Lords & Barons were the Ringleaders and chief Opposers of these King's Usurpations and Encroachments on the people, as all our 
g See Mat. Paris, Matthew Westminster, Walsingham, Huntingdon, Holings head, Polythronicon, Coxton, Grims●on, Stow, Speed, Trussell, Baker, Martin, Daniel, How, and the Sovereign Power of Parliaments & Kingdoms, part. 1, 2. & 3. 10 R. 2. c. 1, 2. 11 R. 2. c. 1. to 7. 21 R. 4. c. 7. to 13. ● H. 4. c. 2. for proof hereof.  Histories and Records relate; whence they style the Wars in their times, THE BARON'S WARS: and before this, the Nobles were the principal Actors in resisting the Tyranny of K. Sigebert, and K. Bernard, and disthroning them for their misdemeanours, as is clear by Mat. Westminster in his Flores Historiarum, an. 756. & 758. To give some brief hints to clear this truth.  
An. Dom. 1214. In the 16. year of 
h Mat. Paris: Hist. Angl. p. 233. to 282. Daniel p. 140. to 144. Speed p. 558. to 567.  K. John a Parliament held at Paul's, July 16. the Charter of Liberties granted to the people by K. Hen. 1. being read and confirmed, THE BARONS swore in the Archbishops presence, that if need were, they would spend their blood. And afterwards at St. edmond's Bury, the BARONS swore upon the High Altar, That if K. John refused to confirm and restore to them those Liberties (the Rights of the Kingdom) they would make War upon Him, and withdraw themselves from His allegiance, till he had ratified them all by His Charter under Seal. Which they accordingly performed. Tota Angliae Nobilitas in unum collecta, all the NOBILITY OF ENGLAND COLLECTED INTO ONE appeared in this defence of their own and the people's Rights and Liberties against the King: whereupon it was afterwards enacted, That there should be 25 BARONS chosen by the LORDS (not Commons) who should, to their utmost power, cause the Great Charter confirmed by K. John, to be duly observed; That if either the King or His Justicier should transgress the same, or offend in any one Article, 4. of the said BARONS should immediately repair to Him, and require redress of the same without delay: which if not done within forty days after, that then the said 4. BARONS and the rest should distrain and seize upon the King's Castles, Lands and Goods, till amends was made according to their arbitration: Such confidence and power was then reposed in the BARONS alone.  

i Hist. Angl. p. 233.  Mat. Paris, speaking of the death of Geoffry Fitz-Peeter, one of the greatest Peers of that age, writes thus of him, This year (an. 1214.) Geoffry Fitz-Peeter Justiciary of all England, a man of great power and authority, TO THE GREATEST DETRIMENT OF THE KINGDOM, ended his days the 2 day of Octob. ERAT autem FIRMISSIMA REGNI COLUMNA, for he was the most firm pillar of the Kingdom, as being a Nobleman, expert in the Laws, furnished with treasures, rents, and all sort of goods, and confederated to all the great men of England by blood or friendship: whence the King without love did fear him above all men, for he governed the reins of the Kingdom. Whereupon after his death, England was become like a ship in a storm without an helm. The beginning of which tempest was the death of Herbert Archbishop of Canterbury, a magnificent and faithful man, neither could England breathe again after the death of these two. When K. John heard of Fitz-Peeters death, turning to those who sat about him, He said, By God's feet▪ now am I first King and Lord of England. He had therefore from thenceforth more free power to break His Oaths and Covenants which He had made with the said Geoffry for the people's Liberty and Kingdom's peace. Such Pillars and Stays are great and stout Peers to a Kingdom, & Curb to tyrannical Kings; and therefore of mee● Right aught to have a place and voice in Parliaments, for the very Kingdoms safety and welfare, without the people's election.  
In the 43 year of K. Hen. 3. his reign. 
k Mat. Paris p. 952. 953. Speed, p. 636. Daniel, p. 178.  The Barons of England entered into a solemn Oath of Association upon the Evangelist, to be faithful and diligent to reform the Kingdom of England, hitherto by the counsel of wicked persons overmuch disordered, and eff ectually to expel the Rebels and disturbers of the same; which Oath they made Richard Earl of Cornwall to take, as well as others. In these Baron's wars for the Subject's Liberties, many hundred Lords and Barons spent both their blood, lives, and estates: and among others Simon Mulford Earl of Leicester, the greatest Pillar of the Barons, slain in the battle of Eusham; of who● 
l In his Continuation of Mat. Paris, p. 968. & Daniel, p. 178.  R●shing ●r thus writes, Thus this magnificent Earl Simon ended his days, who not only bestowed his estate but his person and life also, for relief of oppression of the poor, for the asserting of Justice and the Right of the Realm.  
In the 3, 4, 14, & 15. of K. Edw. 2. his reign, the Barons were the chief Sticklers against Gaveston, and the Spencers, who seduced the King, and oppressed the people: and principal Pillars of our Laws & Liberties, as our 
m Walsingham, Holingshed, Daniel, Speed, Stow, Grafton, Fabian, Baker.  Historians relate at large, & procured th●se ill Counselors to be removed from the King even by force of Arms.  
In 10, 11, & 22. of K. Rich. 2. the Lords were the principal opposers of the King's ill Counselors, and Tyranny and protectors of the Laws and people's Liberties, to the loss of some of their lives, h●ads and estates, as our Statutes and Rolls of Parliament in those years, and 
n Walsingham, Trussle, Fabian, Holingshed, Grafton, Speed, Stow.  Historians witness: whence Walsingham writing of the Duke of Gloucester's death, murdered by the King's command at Calais, who was the principal Anti-royalist and head of all the Barons, useth this expression, Thus died this ●●st of men, the Son (and Earl) of a King, in quo posita fuere spes & solatium TOTIUS REGNI COMMUNITATIS, in whom the hope and solace of the Commonwealth, of the whole Kingdom were placed: who resented his death so highly, that in the Parl: of 1 H. 4. Hall, who had a hand in his murder, was condemned and executed for a Traitor, and his Head and Quarters hung up in several places, and K. Richard among other Articles deposed, for causing him to be murdered.  
Since than our Pe●trs and Nobles have been always persons of greatest valour, power, estate, interest, most able and forwards to preserve the Laws and people's Liberties, which they have upon all occasions defended with the hazard and loss of their Lives, Liberties, and Estates, and upon this ground were thought meet by the wisdom of our Ancestors, to enjoy this privilege of sitting, voting and judging in Parliament by virtue of their Peerage and Baronnies: And since we must all acknowledge, that the Lords were the chief instruments of calling this present Parliament, and were therefore in the Act for Triennial Parliaments, principally entrusted to summon and hold all future Parliaments in the Kings, and Lord Chancellors, or Lord Keeper's defaul●●: and were very active in suppressing the Star-chamber, High-Commission, Councel-Table, Prelates, and other grievances, and those who first appeared in the Wars against the King and his party, to the great encouragement of others, (witness the deceased Lord General Essex, Brooke, Bedford, Stamford, Will●ngh by, Lincoln, 〈◊〉, Manchester, Roberts, and others) it would be the extremity of folly, ingratitude and injustice to deny our Peers this Privilege and Honour now, which their Ancestors have purchased at so dear a rate; and a means to disengage them for ever from the Commons, and Republic, for such an high dishonour and affront.  
Thirdly, our 
o See Master S●ld●us Titles of Honour, Part 2 chap. 5. and Coke 4. instit. p. 1.  Nobles are persons of greater Estates Families & Fortunes than others, and have more to keep and lose then other ordinary Commoners; and therefore have greater interest in the Commonwealth and State-affairs than they. And therefore our Ancestors thought it meet and just that they should have this privilege among others above ordinary Commoners, to be present in all our Parliaments, by Writ only, and that of right ex debit● justitiae; and not by election, as Knights, Citizens, and Burgesses are, being persons of meaner estate and quality; and present in Parliament only in the right of others who elect them, not in their own right, as the Lords are, whose estates anciently were far more worth than many whole Burroughes put together; and their families, retainers and followers far more in number. And so their engagements to maintain the Laws, Liberties and Properties of the Subject, greater than inferior men's.  
Fourthly, It is one principal property of Members of Parliament to be 
p Coke 4. Inst. p. 3.  constant, stout, inflexible, and not to be bowed or turned from the right and public good, by fear, favour, promises, rewards. Now Peers of noble birth and education, and more generous heroic spirits than the vulgar sort of men, are not so apt to be overawed with regal threats, terrified with menaces, tempted with honours, preferments, and wealth, (which they already enjoy in a higher proportion than others) nor seduced with rewards and private ends from the common good and interest, wherein their honour, wealth and safety are embarked; as ordinary Commoners, and men of meaner rank and fortunes, as experience of former Ages, and this present manifests. Therefore it was thought just and reasonable by our Ancestors, these Nobles in this regard should sit in Parliament in their own rights, 
* Modus tenendi Parliam Vowel. Coke 4 Inst. c. 1.  without the people's election; and to leave the people to elect such other persons to represent and vote for them in Parliament in whom they most confided.  
Fiftly, our Peers in Parliament 
* 12 R. 2. c. 1●. 23 H. 6. c. 11. 9 H. 6. c. 16. 31 H. 8. c. 11. 50 E. 3. n. 209. 1 R. 2. n. ● 37.  (though they serve for the common good of the whole Kingdom, which have always trusted in them, in matters of counsel, Judicature, and making Laws) yet they represent up persons but themselves only, and bear their own expenses: Wherefore there is no shadow of reason why the people should elect them, since they do not represent them, nor pay them wages, as they do to their Knights, Citizens' and Burgesses, who serve for, and represent them, and therefore ought in reason, right and justice to be elected by them. And therefore they may as well argue. That our Nobles ought to be elected by the people to their Lands and Estates, which descend unto them from their Ancestors, not from the common people, as to sit in Parliament by the people's election, only to represent themselves in their own right, not the people in theirs. And that the Knights of the Shire ought to be elected to their dignity of Knighthood (which the King only confers on them) and to their Lands and Freeholds, which they enjoy in their own right, because they are elected by the Freeholders' to sit in Parliament in their right who elected them, not their own alone, which Barons do not.  
By all which premises it is most apparent, That our Lords and Barons sitting and voting in Parliament, (who if you take them poll by poll, have in all ages been more able Parliament men, and Statesmen in all respects, than the Commons, though chosen by the people, who always make choice of the best and wisest men, as experience manifests) is not only just and lawful in respect of Right and Title, but originally instituted upon such grounds of Reason and Policy, as no rational nor understanding man can dislike or contradict, but must subscribe to as necessary and convenient, and so still to be continued & supported in this their Right and Honour, to moderate the Excesses and Encroachments both of King and Commons one upon the other & keep both of them within their just and ancient bounds, for the Kingdom's peace & safety. The rather for that the very Act made this Parliament for the preventing of inconveniences happening through the long intermission of Parliaments, not only enacts, but requires all the Lords and Barons of this Realm, to meet and sit in every Parliament, under a penalty, but likewise prescribes an Oath to the Lord Keeper and Commissioners of the Great Seal under severe penalties to send forth Writs of Summons to Parliament, to them all, and in his default, enabled and enjoined the Peers of the Realm, or any twelve or more of them, to issue forth Writs of Summons to Parliament under the Great Seal of England, for the electing of Knights, Citizens and Burgesses: which Act will be merely void and nugatory, if their Votes and Right of sit in Parliament be denied, or the House of Peers reduced to the House of Commons, which this very Statute doth distinguish.  
The Kings and Lords sole right of Judicature in Parliament, without Commons clearly evidenced.  
The Lord's Jurisdiction and undoubted Right to sit and Vote in Parliament, being clearly evicted, and undeniably manifested by the Premises; I shall next proceed to make good their Jurisdiction and lawful Right of Judicature, (never questioned nor disputed till of late) without the Commons concurrence. To avoid mistakes, and clear all scruples, you must take notice, that there is a twofold proceeding in Parliament, by way of Judicature and Censure. First by Bill of Attainder; and therein the King, Lords and Commons must all concur; because such Judgement is given extrajudicially, only by the Legislative power; wherein the Commons have of Right, a Vote and consent, as well as the King and Lords; and in this course of proceed, the King and Lords alone can do nothing judicially without the Commons, no more than make an Act of Parliament without them: Of this kind● of Judgement and Attainder by Bill, wherein the King, Lords, and Commons jointly concur, there are sundry precedents, both in cases, Trespass, Felony, Treason, and the like, in our printed Statutes: 1 H. 4. c. 6. compared with 9 H. 4. Exilium Hugonis de Spencer. 15 E. 2. 1 E. 3. prologue and c. 2. 11 R. 2. c. 1, 2, 3. 5, 6, 7. 21 R. 2. c. 10, 11, 12. 9 H. 6. c. 3. 19 H. 6. c. 1. 3● H. 6. c. 1. 25 H. 8. c. 12. 28 H. ●. c. ●8. 33. H. ● c. 21. 32 H. 8. c. 25. 2 and 3 E. ●. c. 17, 18. 1 Mar. c. 1. 16. ●● Eliz. c. 1. 3. 3 Jac. c. 2. to which the Attaindors of the Earl of Strafford by Bill, and Archbishop of Canterbury this very Parliament may be added: Besides other precedents in the 
q See Plac. Coronae in Parl. 33 E. 1. Rot. 17. 22 John de Segraves case, Plac. Corenae in Parl. 21 R. 2. n. 1. to 27 31 H. 6. n. 45. 64. 38 H 6. n. 9 to 26.  Parliament Rolls, many of which are cited by Sir Edward Cook, in his 3 Institutes, c. 1. ●. and M. S. John in his Argument as Law, concerning the Bill of Attainder of High Treason of Thomas Earl of Strafford; printed by Order of the Commons House, Anno 1641. The like Precedents are extant in the Statutes of Ireland 28 H. 8. c. 1. for the Attainder of the Earl of Kildare and others, 11 Eliz. c. 1. For the Attainder of Shan● 〈◊〉, and others, ●3 Eliz. c. 6▪ and 7. For the Attainders of John 〈◊〉- Gerald and others. An. 27 Eliz c. 1. For the attainder of James Eustuce, and others. 28 Eliz. c. 8, 9 For the Attainders of the E. of Resmond, John Brown, and others. 11 Jac. c. 4. For the Attainder of the Earl of Tyro●● and others.  
Secondly, there is a formal Judgement given in Parliament in Causes, civil and criminal, upon Writs, Petitions● Indictments, informations, or Impeachments, and that either against or between Peers themselves, or against or between Commons who are ●● Peers, in both which the Lords have a proper Judiciary power without the Commons. That they have such a legal and sole Judicatory, in the case of Peers, is 
* Cooks Instit. on Magna Charta. c. 14. 29. & 3 Instit. c. 1, 2. 1 H. 4. 1. Stamf. l. 3. c. 1. 10. E. 4. 6. Bro. Trial, 142. Treason, 33. 29. 13 H. 8. 11.  acknowledged by all; who neither may nor aught by Law, to be cried or judge for any Treason or criminal cause (unless in cases of 
† 10 E. 4. 6. Coronae, 34. Cook, 2. Instit. p. 49. Trial. Bro. 142.  Appeal at the suit of the subject) but only by the lawful judgement of their Peers by the express provision of 
r Ch. 14. 29. 20 H. 6. c. 9 26 H. 8. c. 12. 1 El. c. 1. 5. 5 El. c. 11. and divers other Statutes: See Ashes Tables. Co●onae. 84. Challenge, 65. and 8.  Magna Charta with sundry other Statutes, and by the very Common Law. This right of theirs, in case of Peers is clearly evident by the Judgement given in against Earl Goodwin in a Parliament under K. Edward the Confessor, before the Conquest, An. 1052. recited at large in M. Seldens Titles of Honour, Part 2. c. 5. p. 634, 635. in the Trial of Roger Earl of Hereford, in the 8. year of William the Conqueror, who was sued and found guilty of Treason by his Peers. Cook. 2. Institut. p. 50. by the Judgement given in the Parliament of Northampton against Becket, Archbishop of Canterbury, which you may read at large in Stephanides, & * M. Selden; by the answer of Will. du Breose to K. John's Ministers: Paratus sum & ero Domino meo, & sine obsedibus satisfacere, secundum Judicium Curiae suae & BARONUM, Parium meorum. Which right of theirs is asserted by Sir E. Cook himself, and proved at large in his 2 Institutes on Magna Charta. c. 14. 29. & in his 3 Institutes, c. 2. where p. 31. he writes thus. A Peer of the Parl: being indicted of Treason or Felony, or of misprision, and duly transmitted to the Lords, may be arraigned thereof in the upper House of Parl. As FREQUENTLY IN PARL: 
† Titles of Honour, Part 2. c. 5. p. 705. 706, 707.  ROLLS IT DOTH APPEAR. As Rot. Parl. 21 R. 2 Plac. Cor. nu. 2 to 7. the Earl of Arundels' case. Rot. Parl. 5 H. 4. nu. 11, 12. 13. H. 6. nu. 49. Earl of Dovers case. 28 H. 6. nu. 19 50, 51, 52. Duke of Suffolk's case. To which might be added, 7 R. 2. nu. 22, etc. The Bishop of Norwich case, for delivering Gravelin to the Enemy. Placita Corona in Parl. 21 R. 2. num. 1 to 26. Rot. Parl. 50 E. 3. nu. 27. The Lord latymer's case. 2 H. 6. Rot. Parl. nu. 18. The Impeachments of the Commons this Parliament against the E. of Strafford, and Archbishop of Canterbury who were prosecuted by the Commons, not tried only by and before the Lords as their proper Judges and Peers. See 4 E. 3. nu. 14. 15 E. 3. nu. 6. 8. 44, 45. 51. 17 E. 3. nu. 22. 23 E. 3. nu. 7. to. 17.  
The sole question men will be; Whether the House of Peers have any lawful power of Judicature, in, or ●ver the causes and Persons of the Commoners of England, in matter civil or criminal, so fare as to judge their Causes, or censure, fine, imprison, or condemn their persons in any case without the Commons? This the ignorant sottish sectaries, Levellers, seduced by their blind guides, Lilburne and Overton peremptorily deny, without the least shadow of truth or reason; the contrary whereof I shall infallibly make good to their perpetual shame, and refutation.  
First our Histories, Law-books and Records agree, that in ancient times, our Earls, who were called Comites, or Counts from the word County, had the chief Government and Rule of most of the Counties of this Realmne under the King, and that they, and the Barons were the proper Judges of the common people's Causes in the Turns, County-Courts, County Barons; even by virtue of their Dignities and Offices, as our Sheriffs have now; in which Courts they did instruct the people in the Laws of the Land; and administer Justice to them in all ordinary and criminal causes. For proof whereof you may peruse at leisure, M. Seldens Titles of Honour, Part 2. c. 5. Sect. 5. Sir. Edw. Cooks Institutes on Magna Charta, c. 35. His 4. Institutes, c. 53 Spelmanni Glossarium. Tit. Comites, M. Lambert's Archaion, Horn's Mirror of Justices, c. 1. Sect. 2, 3. If then they were Judges of the Commons and People in the Country, by reason of their Honours & Dignities, even in ancientest times, in ordinary Causes; there was great right and reason too, they should be so, their Judges also in all their extraordinary causes, as well criminal as civil.  
Secondly, The Lords, Peers, and great Officers of State, in respect of their education, learning and experience in all proceed of Justice and State affairs, are better able, and more fit to be Judges of Parl then ordinary Citizens and Burgesses for the most part (especially if chosen out of the Cities and Burrougheses themselves for which they serve, as anciently they were, and still ought to be by the Statutes of 1 H. 
† 7 R. 2. Parl. 2. n. 19, 20. 17 R. 2. n. 17.  5. c. 1. 32 H. 6. c. 15. and the very purport of the writs for their election at the very day: & de qualibet Civitare Com. predict. DVOS CIVES, & de quolibet Burg●, DVOS BURGENSES, imports) who have better knowledge and skill in Merchandise, & their several Trades then in matters of Judicature, Law, or State. Therefore the Right of Judicature was thought meet, even by the Commons themselves, to be lodged & vested in the House of Peers, who are the 〈◊〉 and fittest of the two, rather than in the Commons House, as I shall prove anon.  
Thirdly, since the division of the Houses one from another (which is very ancient, and not certainly known, when first made) the House of Peers hath been ever furnished with the ablest Temporal and Spiritual persons for their Assistants in judgement and advice, to wit, all the Judges 
s See Modus tenendi Parliamentum, Vowel, cowel, Crompton, Sir Thomas Smith, Coke, and others, 17 E. 3. n. 23. 21 E. 3. n. 7. 7. R. 2. n. 30, 31. 9 R. 2, n. 13. 2 R. 2. part. 2. n. 27. 31 H. 6. n. 26, 27, 28. 28 H. 6. n. 6.  of the Realm, Barons of the Exchequer, of the Coyse, the King's learned Council, the Masters of the Chancery that are Courtiers or Lawyers, the Master of the Rolls, the Principal Secretaries of State, and other eminent persons for parts and learning, and the Procuratores Cleri; all which are called by Writ to assist, and give their attendance in the upper House of Parliament, where they have no voices, and are to give their counsel and advice only to the Lords when they require their assistance. For proof whereof you may consult the Statutes of 31 H. 8. c. 10 Register 261. Fitz. Nat: Bre: 229. a. b. M. Seldens Titles of Honour, p. 2. c. 5. Sir Edw. Coke 4. Instit. p. 4, 5, 6, 44, 45, 46. and the Parl: Rolls and Authorities there cited by them, seconded by our present experience. Now the House of Peers being thus assisted with the advice of all the judges of England, the King's learned Council, and other ablest to advise them in all Civil or Ecclesiastical matters: were and are in this regard thought fittest by our Ancestors, and the Commons themselves in Parl: 
1 H. 4. n. 79  who have no such assistants, to have the principal and sole power of Judicature, in all or most civil or criminal causes between Commoner and Commoner, that proper for the Parliaments judicature by way of relief, redress or censure.  
Fourthly, there can be no judgement given in any of the King's Courts, 
S●e The Preeholders Grand Inquest, p. 2 5.  but when the King is personally or representatively present, sitting upon the Tribunal, and where the proceed are CORAM REGE: But the King sits personally and representatively present in the House of Peers, not in the House of Commons, where nothing is said to be done Coram Rege. And therefore in the end of most ancient Parl: Rolls, we find the Title, Placita Corona CORAM DOMINO REGE IN PARLIAMENTO SVO, etc. Therefore the House of Peers only, not the Commons, are the true and proper judicatory; whence the King the supreme Judge sits usually in Person.  
Fiftly, there can be no legal trial or Judgement given in Parl: without examination of witnesses upon oath, as in all other Courts of justice. But the House of Peers alone have power to give, and examine witnesses upon 
* 7 R. 2. par. 2● n. 16.  Oath; and the whole House of Commons no such power, but to take Informations without Oath, which they nor their Committees cannot administer, unless by Order and Commission from the Lords: Therefore the power of judicature in Parl is inherent only in the House of Poers, and not in the Commons House.  
Sixtly, it is a rule both of Law and common Justice, 
* Littleton, sect. 212. Coke, ibid. 4 E. 3, 7. 2 H. 6. 10. 14 H. 4. 8. 2 R. 2. 29. 5 H. 7. 8. Bur. Challenge. 23, 42, 71  that no man be an informer, prosecutor, and judge too of the persons prosecuted, and informed against, it being against all grounds of justice. But the Commons in all ancient, and in this present Parl: have been informers and prosecutors (in nature of a 
t Coke 4. Instit. p. 24.  Grand Inquest▪ to which some compare them) summoned from all parts of the Kingdom to present public grievances and Delinquents to the King and Peers for their redress) witness their many impeachments, accusations and complaints sent up and prosecuted by them in 
* 50 E. 3. n. 5. to 37. 21 R. 2. n. 14, 15, 16. 28 H. 6. n. 14, to 52 31 H. 6. n. 45, 64. 38 H. 6. n. 38.  former parl.: & this to the Lords not only against Peers, but Commoners, of which there are hundreds of precedents this very Parl: Therefore the House of Lords hath the proper right of judicatory vested in them, not the Commons; who are rather informers, prosecutors and Grand-Jury men, to inform and impeach, than Judges to hear, censure, or determine.  
Seventhly, those who are proper Judges in any Court of justice, whiles the cause is judging sit in their 
* 25 E. 3. c. 2. 20 R 2. c. 3. 6 R. 2. c. 5. 14 H. 6. c. 3. ● R. 2. c. 3. 2 R. 2. c. 10.  Robes, covered on the bench; not stand bare at the bar; swear & examine the witnesses in the cause, not produce them or manage the evidence, & when the cause is fully heard, argue and debate the business between themselves and give the definitive sentence. But in cases that are to be tried & judged in Parl: the Lords only sit covered and in their Robes upon the Bench, but the Commons stand bare at the Bar: the Lords only swear and examine the witnesses and judge of their testimony: the Commons only 
u Coke 4. Instit. p. 24.  produce the witnesses, or press and manage the evidence; and when the business is fully heard, the Lords only debate the business among themselves and give the final Sentence and Judgement without the Commons; and that both in cases of Commoners and Peers. Therefore the Lords, or house of Peers, are sole Judges in Parl: not the Commons.  
And that they are and always have been so de facto (unless by way of Bill of Attainder or in such extraordinary cases when their concurrence hath been desired) I shall prove by most clear and infallible evidence. To pretermit the 
* Mr. Seldens Titles of Honour, part. 7. c. 5, p. 632, 633, 705, 706.  judgement of the Earls & Barons in Parl: in the case of Earl Goodwin for the murder of Alfred in K. Edw. Conf. reign before the Conquest, and the judgement of the Barons the Lords in Parl: against Tho: Becket Archb. of Can. in K. Hen. 2. reign, cited by M. Selden, of which you may choose the same, with the punctual authority of Andr. Horn in his Mirror of Justices, c. 1. § 2. forecited.  
First, in Pleas of the Crown, and other Common Pleas plainly ●●able in Parl: as well between Commoners as Peers; the Pleas have been exhibited, heard, and judgement given upon them by the King and Lords jointly, or the King alone, by which the Lords assent, or by the Lords themselves, without the Commons; as is evident by the Parli: Rolls and Pleas in Parl: in K. Ed. 1. 2. 3. 4. Ric. 2. Hen. 4. 5. 6. where there are hundreds of instances to confirm it: some of them printed in Sir Edw. Coke, 3 Instit: c. 1, 2. and M. Saint John's Argument in Law upon the Bill of Attainder against the Earl of Strafford.  
Secondly, in all 
* 18 E. 1. rot. Parl. t. 4 E. 3. n. 13. 21 E. 3. n. 65. 28 E. 3. n. 11, 12. 50 E. 3. n. 48. 1 R. 2. n. 28, 29, 104. 2 R. 2. n. 36, 37, 31, 32, 33. Parl. 2. n. 21, to 27. 3 R. 2. n. 19, 20, 21. 7 R. 2. Parl. 2. n. 23, 24. 8 R. 2. n. 14, 15. 13 R. 2. n. 15, 16. 15 R. 2. 22, 23. 17 R. 2. n. 13, 14, 15, 19 18 R. 2. n. 11, 10 16. 21 R. 2. n. 25, 55, to 66. 1 H. 4. n. 91. 2 H. 4 n. 47, 48. 5 H. 4. n. 40. 6 H. 4. n. 31, 61, 62. 3 H. 5. n. 19 10 H. 6. n. 51.  Writs of Error brought in Parl: by Peers or Commoners to reverse any erroneous judgements touching their real or personal Estates, lives, or attainders, The KING & LORDS ONLY ARE JUDGES, and the proceed upon such Writs, are ONLY BEFORE THE LORDS IN THE UPPER House, secundum Legem & co●suetudinem Parliamenti. So Sir Ed. Coke in direct terms, in his 4. Instit. p. 21, 22, 23. where he produceth divers precedents of such writs of Error out of the Parl: Rolls, and present experience manifests as much in all the the writs of Error brought this Parl: adjudged and determined by the King and Lords alone, without the privity of interposition of the Commons. A truth so clear that Lilburne himself in his Argument against the Lord's Jurisidiction confesseth it, and the Parl: Rolls quoted in the Margin, with sundry others resolve past all dispute. If then the Lords be the sole Judges in all writs of Error concerning the goods, estates, free-holds, inheritances, lives, and attainders of the Commoners of England, notwithstanding the statute of Magna Charta, c. 29. No Freeman shall be taken, or imprisoned, or disseised of his Freeholder Liberties, of Free-customs, nor outlawed, nor exiled, neither will we pass upon him, nor condemn him, but by THE LAWFUL JUDGEMENT OF HIS PEERS, etc. (the grand and principal objection against their judicature) then by the selfsame reason they are and may lawfully proceed against them in all other civil or criminal causes, (especially breaches of their own privileges of which themselves are the sole and only judges, the cases of Lilburne and Overton) properly triable in Parliament.  
Thirdly, in all Petitions and complaints against Commoners for redress of grievances, the King and Lords are the sole and proper Tuns and Judges, not the Commoners, as appears by all the Parl: Rolls in former times; wherein we find in the beginning of every Parl: some Assistants of the Lords house appointed by them to be receivers of the Petitions of England, Ireland, Wales & Scotland; others appointed receivers of the Petitions of Gascoigne, & other parts beyond the Seas, and the Isles of Jersy and Gernsey, etc. And some Lords appointed tryers of those Petitions, who had power given them to call the Ld Chancellor, Treasurer, Steward, Chamberlain, the Judges, King's Sergeants and others to their assistance; prescribing also by what day the Petitions should all be exhibited, and the place where they should be examined. All particular persons usually presenting all their grievances and petitions immediately to the King & Lords (without any address to the Commons by Petitions, as now of late) there being no Petitions of record in the Parl: Rolls addressed immediately and originally to the Commons, that I can find. And towards the end of the Parl: Rolls, there is this Title usually. The Petitions of the Commoners (containing all Petitions of the Commons house for redress of public or particular injuries and grievances) presented to the King in the Lord's house, and answered by the King alone, with the consent of the Prelates Counts & Barons: with which answers the Commons rested satisfied, whether granted or denied, as ofttimes they were. Of which you may read something in Sr E. Coke 4. Instit. p. 16. & more in the Records themselves.  
Fourthly, in all criminal causes in Parl: by way of accusation, impeachment or indictment, the King & Lords were the proper Judges; as is evident by Placita Coronae coram Domino Rege in Parliament sue, at the end of each Parliam: Roll; wherein the King and Lords, or only the King and Lords alone generally gave judgement of imprisonment, fine, banishment and death itself, even against Commoners themselves without the Commons; the thing now principally controverted and denied: for proof whereof I shall cite some few punctual precedents and records, in stead of many which might be insisted on.  
In the famous Parl: held at Claredon 
x Mat. Paris p. 6 97. M. Seldens Titles of Honour, part. 2. c 5 p. 703. 705  under K. Hen. 2. 〈◊〉. D. 1164. there was a recognition made of all the ancient Customs of the Realm, which all the Prelates, Abbots, Earls, Barons and Nobles swore firmly to observe to the King and his Successors, whereof this was one, That the Archb. Bishops, and other Clergy men who held of the King in Capite by Barony; Sicut caeteri Barones debent interesse JUDCIIS CURIAE REGIS CUM BARONIBUS, 
* Petrus Bles●sis, De Instit. Episcopi, Bibl: Patrum; tom. 12. par. 2. p. 447  quousque perveniatur AD DIMINUTIONEM MEMBRORUM, VEL AD MORTEM: which proves the power and right of judicature even in those times and long before, to be settled in the Barons as well in Parliament, as in the Sheriffs Turn, and that in case of Commoners as Peers.  
In the Parliament of 4. E. 3. num. 1. 2. 3. 4. 5. Roger Mortimer, Earl of March, a Peer, Sir Simon Bereford, Knight, of Council and assistant to the said Earl John Mautravers Bose de Bayous, and john Deverall, for being guilty of the death of Edward Earl of Kent, Thomas Gournay, William of Ocle, for murdering King Edward the second, after his deposition, were attainted and condemned of High treason, and some of them then in custody accordingly executed by judgement of the Lords and Peers alone; who AS JUDGES OF THE LAW by the King's consent gave judgement of death against them; as the Parliament Rolls more largely relate.  
It is true indeed, that after these Judgements given the LORDS the same Parliament, num. 6. entered this Protestation; 
* See Cook, 2. Instit. p. 50.  That alboit the Lords, and Peers of the Realm, AS JUDGES OF THE PARLIAMENT, in the presence of the King had taken upon them to give Judgement of such who were NO PEERS OF THE REALM, that he eafter NO PEERS should be compelled to give Judgement ON ANY OTHERS WHO WERE NOT THEIR PEERS, according to the Law.  
From this Protestation of the Lord (which Lilburne principally insists on) he and 
* Cook, 2. Instit. p. 50.  some others conolude; that the Peers in Parliament have no right at all to imprison, fine, judge, or pass sentence of death against any Commoner for any offence, no, not for breach of their own Privileges) but only the Commons.  
To which objection I answer; First, that this is no Act of Parliament, as Sir Edward's Cook mistakes, but a bare Protestation of the Lords, without Kings or Common● assent and that neither the House of Commons nor the Commoners then attainted of Treason and judged to death by the Lords, ever demurred or excepted against their Jurisdiction, as Lilburne and Overton do, but acknowledged and submitted to it. Secondly, That in this very Protestation the Lords profess and justify their right of BEING JUDGES in Parliament without admitting or acknowledging any joint or sole right of Judicature with them in Parliament in the Commons. Thirdly, That this Protestation was merely voluntary, not in derogation, but preservation of their own Honour and Peerage, and the Parliaments too; and the substance of it no more, than this; That the Lords in Parliament should not be constrained against their wills by the King's command, and in his presence, to give judgement of death in ordinary cases of treason or Felony in the high Court of Parliament, against such who were no Peers, who in such case● 
* Magn. Ch. c. 29. 25. E. 3. c. 2. 4. 28. E. 3. c. 3. 37. E. 3. c. 8. 42. E. 3. c. 3. Cook 2. Instit. p. 50, 51.  by the Law might, and aught to be tried in the King's Courts at Westminster, or before the justices of Oyer and Terminer by a jury of their equals; but only in such cases which could not well be tried elsewhere, and were proper for their Judgement in Parliament, This is the whole sum and sense of their protestation. To argue therefore from hence, That they cannot pass sentence, or judgement against any Commoners in any case proper for their Judicature in Parliament, because they protested only against being COMPELLED to g●ve Judgement against such as were no Peers, in cases triable elsewhere, and not proper for their tribunal (as the Objectors hence conclude) is quite to mistake their meaning, and to speak rather nonsense, than reason or Law. Fourthly, This Protestation was made only against the Lords giving sentence in Felony and Treason, and that in the Kings own presence in Parliament (who usually pronounced the Judgement himself, with the Lords assent and did not charge the Lords to pronounce it, as here he did) not against sentencing, fining and imprisoning any Commoner for railing and Lybelling against their Persons. Jurisdiction, and proceed; refusing to answer, and contemning their Authority to their faces at the Bar; and appealing from their Judicature in case of breach of Privilege of which themselves alone and no others are or can be Judges; the case of Lilburne and Overton; whose commitments are warranted by hundreds of Precedents, in this and former Parliaments. Therefore for them to apply this Protestation to their cases with which it hath no Analogy, is a manifestation of their injudiciousness and folly rather than a justification of their Libellous Invectives against the Lord's injustice. Lastly, this Protestation did not foreclose the Lords in this or future Parliaments to give Judgement against Commoners in other cases of Felony and Treason, even without the Commons: To prove this by some instances.  
In the Parliament of 1. H. 4. Placita Coronae, num. 11. to 17. john Hall being in custody of the Marshal of England, and brought by him before the Lords in Parliament and there charged by him, by Walter Cl●pton, Lord chief Justice, by the King's command, with having a hand in the murder of the Duke of Gloucester who was smothered to death with a featherbed at Calayes by King Richard the seconds command, the whole relation whereof he confessed at large, and put in writing before James Billing ford, Clerk of the Crown, which was read before the Lords, upon reading whereof, the King and ALL THE TEMPORAL LORDS IN PARLIAMENT resolved that the said john Hall by his own confession deserved to have as hard a death as they could adjudge him to, because the Duke of Gloucester was so high a Person, and thereupon TOUTE LES SEIGNEIURS TEMPORELZ per assent du ROY ADJVGGER●N● all the temporal Lords by assent of the King AJUDGED that the said Joh. Hall should be drawn from Tower hill unto the Gallows at Tyburn, & there kenelled; & his bowels laid before him; and after he should be hanged, beheaded, and quartered, and his head sent to Calayes where the murder was committed, and his quarters sent to other places where the King should please; and thereupon command was given to the Marshal of England to make execution accordingly; and it was so done the same day.  
Lo here the Lords in Parliament g●ve judgement against a Commoner in case of a murder done at Calayes, (and so not triable at the King's Bench, but in Parliament) and pass a judgement of High treason on him, for murdering of a great Peer only.  
And which is most remarkable, all the Commons In this very Parliaments of 1 H. 4. nu. 70. Nov 3. made their Protestation, and further remonstrated to the King, 
Nota.  Com: LES JUGGEMENTS DV PARLIAMENT APEIRTEIGNENT SOVLEMENT AV ROY ET AS SEIGNEIURS, ET NIENT AS COMMUNES: how the judgement of the Parl. appertained ONLY TO THE KING and TO THE LORDS, and NOT UNTO THE COMMONS; except in case it should please the King OF HIS SPECIAL GRACE to show unto them the said JUDGEMENTS: purcase de eux, que null record soit fait in Parliament, encoutreles ditz Communes quill soit ou serront parties ascunes juggements donez ouadoues en Apres in Parliament. Whereunto it was answered by the Archbish. of Canterbury by the King's command, how the said Commoners are petitioners, and demanders, and that THE KING & THE LORDS de tont temps ont eves et averont DE DROIT LES JVGGEMENT EN PARLIAMENT, en manere come me me les communes ount monsters. HAVE ALWAYS HAD AND SHALL HAVE OF RIGHT THE JUDGEMENTS IN PARLIAMENT, in manner as the Commons themselves have declared, except in making Statutes or in making Grants and Subsidies, or such things for the common profit of the Realm, wherein the King will have especially their advice, and assent; and that this order of proceeding shall be held and kept IN ALL TIMES TO COME.  
By which record in Parliament it is apparent, by the House of Commons own confession, First that the Judgements in Parliament even in cases of Commoners appertain ONLY TO THE KING and LORDS, in the affirmative. Secondly, that they appertain NOT TO THE COMMONS in the negative. Thirdly that the King and LORDS HAVE ALWAYS HAD and ENJOYED THE RIGHT of Judgements in Parliament. Fourthly, that they should always hold and enjoy this Right, IN ALL TIMES TO COME. Fifthly that the Commons special advice and assent was and is required by the King in Parliament, only in making of Statutes, Grants and Subsidies, and such like things for the common profit of the Realm.  
So full and punctual a Parliamentary decision of the present controversy, as is uncapable of any answer or evasion.  
In the Parliament Roll of 17. 
y See Cook 3. Instit. c. 2. p. 22.  R. 2. num. 20. 21. John Duke of Gayen and of Lancaster, Steward of England, and Thomas Duke of Gloucester, Constable of England, the King's Uncles, complained to the King, that Thomas Talbot Knight, (a Commoner and no Peer) with other his adherents, conspired the death of the said Duke in divers parts of Cheshire, as the same was confessed and well known, and prayed that the Parliament might judge of the faul●, (to wit, whether it were treason according to the clause of the Statute of 25, E. 3. c. 2. It is accorded that if any other case supposed Treason which is not above specified, doth happen before any Justices, the Justices shall tarry without any going to judgement of the Treason till the cause be showed and declared before the King and His Parliament, whether it ought to be judged Treason or Felony) whereupon the KING and THE LORDS IN THE PARLIAMENT (without the Commons though in case of a Commoner) ADJUDGED THE SAME FACT TO BE OPEN and HIGH TREASON; and thereupon they award two writs, the one to the Sheriffs of Derby, to take the body of the said Sir Thomas, retornable in the King's Bench, in the month of Easter than next following; and open Proclamation was made in Westminster Hall, upon the Sheriff's return, and the next coming in of the said Sir Thomas that the same Thomas SHOULD BE CONVICTED OF TREASON, and incur the loss and pain of the same; and that all such as should receive him after the same Proclamation, should incur the same loss and pain. Sir 
z 3. Instit. p. 22.  Edward Cook; relating this Judgement, adds his own opinion at the end: That this judgement wanting the assent of the Commons was no Declaration, (of Treason, within the Act of 25. E. ●. because it was not by the King and his Parliament according to this Act, but by the King and Lords ONLY.  
But the record of Parliament, and the Judges and Commons then admitted it to be good; and process issued out, and judgement was given accordingly: the parties concerned taking no such exceptions to it. 
See 21. R. 2. n. 15. 16.  So that this Record is a pregnant evidence. That the King and Lords are the sole Judges in Parliament, in the case of Commoners, even in declaring and judging, what is or what is not treason, within the Statute of 25. E. 3. because the Commons are no judges in Parliament, and so cannot judge or declare (unless in a legislative way by Act of Parliament) what is Treason or Pelony, but the King and Lords alone.  
To put this out of question, I shall cite one notable record more to this purpose. 
(a) Cook. 3. Instit. p. 22. etc. 1. p. 10.  In the Parliament of 5. H. 4. 11. 12. on the 8. of February the Earl of Northumberland came before the King Lords and Commons in Parliament, and by his Petition to the King acknowledged that he had done against his Laws and allegiance, and especially for gather of power and giving of Liveries, for which he put himself upon the King's grace and prayed pardon; the rather, for that upon the King's Letters, he yielded himself, and came to the King at York; whereas he might have kept himself away. Which Petition by the King's command was delivered to the Justices to be examined, and to have their counsel and advice therein: Whereupon the LORDS made a Protestation que le Juggement appertient aeux tout soulement THAT THE JUDGEMENT APPERTAINED ONLY TO THEM. And after the said Petition being read and considered before the King and the said Lords as Peers of Parliament, a queux tells ●uggementz apperteignent DE DROIT. TO WHOM SUCH JUDGEMENT APPERTAINED OF RIGHT, having had by the King's command, competent deliberation thereupon: and having also heard and considered as well the Statute made in the 25. year of King Edward the King's Grandfather that now is, concerning the Declaration of treason, as the Statutes of Liveries made in this King's reign, ADJUDGED, that that which was done by the said Earl contained within his Petition, was neither Treason, nor Felony, but Trespass; for which the said Earl ought to make fine and ransom at the will of the King. Whereupon the said Earl most humbly thanked our Lord the King, and the said Lords his Peers of Parliament FOR THEIR RIGHTFUL JUDGEMENT, and the Commoners for their good affectious and diligence used and shown in this behalf; And the said Earl further prayed the King, that in assurance of these matters, to remove all jealousies and evil suspicions, that he might be sworn a new in the presence of the King, the Lords and Commons in Parliament; and the said Earl took an Oath upon the Crosier of the Archbishop of Canterbury, to be a faithful and loyal lige to our Lord the King, the Prince his son, and to the heirs of his body inheritable to the Crown according to the Laws of England: Whereupon the King out of his grace pardoned him his fine and rausome for the trespass aforesaid. After which num. 17. the Lords spiritual and temporal, humbly thanked the King sitting in his royal Throne in the white Chamber, for his grace and pardon to the said Earl of his fine and ransom: and likewise the Commons thanked THE LORDS SPIRITUAL and TEMPORAL FOR THE GOOD and JUST JUDGEMENT THEY HAD GIVEN AS PEERS OF PARLIAMENT TO THE SAID EARL.  
From this memorable record I shall observe, First that though this Declaration of this Earl's case was made by his Petition in the presence of the King, Lords and Commons in Parliament according to the Statnte of 25. E. 3. yet the Lords only by Protestation in presence of the King and Commons, claimed to be THE SOLE JUDGES OF IT as Peers of Parliament, and belonging to them OF RIGHT. S●condly, That this claim of theirs in this case was acknowledged and submitted to both by the King and Commons: and thereupon the Lords only, after serious consideration of the case and Statutes, whereon it depended gave the definitive sentence and judgement in this case, that it was neither Treason nor Felony, but Trespass only etc. Thirdly, That the Earl thanked the King, only for his grace, the Lords FOR THEIR JUST JUDGEMENT and the Commons only for their good hearts and diligence, having no share in the judgement though given by the Lords both in the Kings and their presence; and that the Commons themselves returned special thanks to the Lords spiritual and temporal on Parliament for their good and just judgement. Fourthly, That this judgement of the Lords only, was final and conclusive, both to the King and Commons, who aquiesced in it.  
All that can be objected to evade this Precedent, 
Object.  is that this Judgement was given in case of a Peer, wherein the Lords only are the Judges, by Magna Charta, c. 29. but not of a Commoner, which is the question.  
I answer, 
Answ.  that though this judgement of theirs was in case only of an Earl, who was a Peer, & triable 
* See Cook 2. Inslit on Ma●na Charta, c. 29.  only by his Peers, yet the King & Lords in this Parliament, the very same day gave Judgement of High Treason against Henry and Thomw Peircy (one of them no Peer) and OTHERS who were in their company (who were but Commoners and no Peers) for levying war against the King, and that without the Commons, as is evident by the Parliament Roll of 5. H. 4. nu. 15. Et anxy mesme le vendreay AIUGGES PAR LE ROY ET SEIGNEIURS EN PARLIAMENT, que levier de guerre fait per les ditz Mounsieur Henry, & Mounsieur Thomas▪ furont tenuz pur treason: & ceo si bien de eux mesmes come DE AUTERS qui fueront en lour compaigne, au temps de dit lever; which quite takes off this Objection. 
Se● Mr. Prynnes Doom of Cowardice and Treachery. p. 2. 3. 4. 5. etc. where these records are cited at large verbatim.   
To put all out of question, I shall instance in some few ancient prefidents more, which are full and punctual.  
In the Parliament of 1. R. 2. num. 38. 39 40. The Commons prayed, that all those Captains who had rendered or lost Castles or Towns through default might be put to answer it in this Parliament, and severely punished according to their deserts BY AWARD (or Judgement) OF THE LORDS and BARONS, to eschew the evil examples they had given to other Governors of Towns and Castles. Whereupon Sir Alexander de Buxton, Constable of the Tower, was commanded to bring BEFORE THE LORDS IN PARLIAMENT, William de Weston, and Lord of Gomynes, (both of them Commoners) on Friday the 27. of November, to answer such Articles as should be surmised against them on the King's behalf. Being brought BEFORE THE LORDS in full Parliament, they were severally articled against, at the command of THE LORDS, by Sir Richard le Scrop, Knight, Steward of the King's House, and their several Articles, and answers to them in writing, being read before THE LORDS; Which done, the Constable was commanded to bring them again before THE LORDS on Saturday next ensuing, being the 20. of November; on which day, it was showed unto them severally by the said Steward, by THE LORDS COMMAND, That THE LORDS OF THE PARLIAMENT (whose names are particularly mentioned in the Roll) had met together, and considered of their respective answers, and that IT SEEMED TO THE LORDS AFORESAID, that the said William had delivered up the Castle of Outherwycke to the King's enemies without any duresse▪ or want of victuals, contrary to his allegiance, and undertaking safely to keep it; and therefore THE LORDS ABOVE NAMED SITTING IN FULL PARLIAMENT ADJUDGE you TO DEATH, & THAT you SHALL BE DRAWN and HANGED. But because our Lord the King is not informed of the manner of the Judgement the execution of it shall be respited till the King be thereof informed.  
A●ter which Judgement given it was showed to the said John Lord of Gomynes by the 〈◊〉 Steward how the said LORDS had assembled and considered of his answer: and THAT ●●●●●EEMED TO THE LORD sitting in full Parliament, that without duresse or default of victuals or other necessaries for the defence of the Town or Castle of Arde, and without the King's command, he had evilly delivered and surrendered them to the King's Enemies by his own default against all appearance of right or reason, against his undertaking safely to keep the same. Wherefore THE LORDS aforesaid here in full Parliament ADJUDE YOU TO DEATH. And because you are a Gentleman and a Baronet, and have served the King's Grandfather in his Wars, and are no Leige●man of our Lord the King▪ you shall be beheaded without having OTHER JUDGEMENT. And because that our Lord the King is not yet informed of the manner of this Judgement, the execution thereof shall be put in respite, until our Lord the King be informed thereof.  
Lo here two express Judgements given in Parliament by the Lords alone, without King or Commons, in case of Treason, even against Commoners themselves. And an express acknowledgement of the Commons of the Lords right to award Judgement in these cases, without the King or them; than which a fuller and clearer proof cannot be desired.  
In the selfsame Parliament, 1. R. ●. num. 41 42, 43. Dame Alice Piers was brought before THE LORDS, and charged by Sir Richard le Scrope, with sundry misdemeanours which she denied; hereupon divers Witnesses were examined against her: Whereupon JUDGEMENT WAS GIVEN BY THE LORDS AGAINST HER, that she should be banished, and forfeit all her lands, goods, and tenements whatsoeuèr. To this Judgement, neither King nor Commons were parties, but the Lords only.  
To these I might add the cases of 
c See the doom of 〈◊〉 and treachery. 〈◊〉 14 15. where the record is transcribed.  Sir William de Eleuham, Sir Thomas Trivet, Sir Henry de Ferriers, and Sir William Farnden, Knights; and Robert Fitz Ralph, Esquire; Rot. Parl. 7. R. 2. num. 24. sentenced and condemned by judgement of the Lords in Parliament, pronounced by the Chancellor, for selling the Castle of Burbugh, with the arms and ammunition in it, to the King's enemies without the King's licence. 21. R. 2. Parl. Rot. Plac. Coronae num. 27. where Sir Robert Pleasington is adjudged a Traitor after his death, by the King, by ASSENT OF THE LORDS, and num. 15. 16. Sir Thomas Mortimer's case, num. 17. Sir John Cobham's case, 
* 31. H. 6. n. 45. 64. 65. ●. 3. n. 16. to ●8.  and numb. 28. Henry Bonoits case, condemned in like manner of treason by the Lords, with hundreds of Precedents more.  
I shall only cite three more at large which are punctual.  
In the Parliament of 8. R. 2. n. 12. Walter Sibyl of London was arrested and brought into the Parliament before the Lords, at the suit of Robert de Veer Earl of Oxford, for slandering him to the Duke of Lancaster, and other Nobles, for maintenance: Walter denied not but that he said that certain there named, recovered against him the said Walter, and that by maintenance of the said Earl as he thought. The Earl there present protested himself to be innocent, and put himself upon the trial. Walter thereupon was committed to Prison by the Lords, and the next day he submitted himself, and desired the Lords to be a mean for him, saying, he could not accuse him: whereupon THE LORDS CONVICTED and FINED HIM FIVE HVNDRED MARKS TO THE SAID EARL; for the which, and for his fine and ransom, he was committed to prison BY THE LORDS. A direct case in point.  
In the second Parliament in 7. R. 2. num. 13. to 19 john Cavendish a Fishmonger of London accused Michael de la Pool Knight, Lord Chancellor of England, first before the Commons, and afterward before the Lords, for bribery and injustice; and that he entere●●●nto a Bond of x. l. to john Ottard, a Clerk to the said Chancellor, which he was to give for his good success in the business, in part of payment whereof, he br●ught Herring and Sturgeon to Ottard and ye was delayed a●d could have no justice at the Chancellors h●nds, and upon hearing he cause and examining wi●● o●fes upon Oath before THE LORDS, the Chancellor was cleared; The Chancellor thereupon required reparation for so great a slander: the Lords being then troubled with other weighty matters, let the Fish-monger to Bail, and referred the matter to be ordered by the Judges; who upon hearing the whole matter, condemned Cavendish in three thousand marks for his slanderous complaint against the said Chancellor, and adjudged him to prison till he had paid the same to the Chancellor, and made fine and ransom to the King also: which the Lords confirmed.  
In the Parliament of 15. R. 2. nu. 21. john Stradwell of Begsteed in the County of Sussex, was committed to the fleet by JUDGEMENT OF THE LORDS, there to remain during the King's pleasure, for that he informed the Parliament, that the Archbishop of Canterbury had excommunicated him and his neighbours wrongfully for a temporal cause appertaining to the Crown and Common Law, wh●ch was ADJUDGED BY THE LORDS upon examination and hearing to BE VNTRVE.  
These three eminent Precedents (to which many more might be added) of the Lords fining and imprisoning mere Commons, only for slandering Peers of Parliament, even by false accusations against them in Parliament by way of complaint, will ●●stify the Lords proceed against Lilburn and Ov●rton for their professed Libels both against their Persons and Jurisdictions too.  
To proceed to latter times in Parliaments of 18. and 21. Jacobi, and 3. Car. not only the Lord 
* Cook 4. Instit. p. 23.  Chancellor Bacon, and the Earl of Middlesex, Lord Treasurer▪ upon complaint of the Commons, were censured and judged by the Lords alone, but likewise Sir Giles Mompesson, Sir john Michael, and Dr Manwering, (all Commoners) JUDICIALLY SENTENCED & Doctor Pocklinton, and Doctor Bray, even for erroneous Books and Sermons, were sentenced this Parliament by the Lords alone; since these Master Clement Walker Esquire was imprisoned in the Tower, and fined by the Lords, for some words pretended to be spoken against the Lord Say; and within these few month's on● Morrice, and four or five more of his confederates, were censured, fined and imprisoned, by the Lords alone, for forging an Act of Parliament upon Sir Adam Littleton's complaint, with all the Commons privity or consents; and above one hundred Commoner: more have been imprisoned by them or fined this very Session of Parliament for breach of Privilege, contempts or misdemeanours, by the Lords alone, without the Commons; yet no demurrer nor exceptions were taken by them or the Commons to their jurisdiction, who applauded this their Justice in some of these cases.  
From all these clear confessions of the Commons themselves in Parliament, and punctual precedents in print in former, late Parliaments, and in this now sitting, it is undeniable, That the King and Lords jointly, and the Lords severally without the King, have an indubitable right of Judicature, without the Common●, vested in them, not only of Peers themselves, but likewise of Commoners, in all extraordinary cases of Treason, Felony, Trespass, and other Misdemeanours▪ triable only in Parliament, which hath been constantly acknowledged, practised, and submitted to, without dispute: much more than have they such a just and rightful power, in case of breach of their own privileges, of 
d Cook, 4 Instit. p. 15.  which none are, or can be Judges but themselves alone. And to deny them such a power, is to make the Highest Court of judicature in the Realm inferior to the King's Bench, and all other Courts of Justice▪ who have power to judge and try the persons and causes of Commoners, and to commit and fine them for contempts and breaches of Privileges as our 
e See Brooke and Ashes Tables, Tit. Contempts; Fines pur Contempt & Imprisonment.  Law books resolve, and every man's experience can testify.  
The Lords right of Judicature being thus fully evicted against the false and ignorant pretences of illiterate Sectaries, altogether unacquainted with our Histories and Records of Parliament, which they never yet read nor understood, there remains nothing but to answer some Precedents and Objections.  
The Principal precedent insisted on by Lilburne, 
Object. 1.  is the Protestation of the Lords, in the case of 
* Cook, 2. Instit. p. 50.  Sir Simon Beresford, 4. E. 3. nu. 6. which I have already fully answered, retorted, and shall therefore here pretermit.  
The second is Sir Edward Cook's Authority, 
Object. 2.  and the precedents cited by him, in his 4. Institutes, p. 23. 24. of Judicature in Parliament, where thus he writes; It is to be known, THAT THE LORDS IN THEIR HOUSE HAVE POWER OF JUDICATURE; And, the Commons in their House have power of Judicature▪ and both Houses together have power of Judicature. But the handling thereof according to the weight and worth of the matter would require a whole Treatise of itself▪ and to say the truth, it is best understood by reading the Judgements and Records of Parliament at large, and the Journals of the House of the Lords, and the Book of the Clerk of the House of Commons, which is a Record, as it is affirmed by Act of Parliament in An. 6. H. 8. c. 16. To which he adds these marginal Notes Vide Placita in Parlians Anno 33. E. 1. rot. 33. Nicholas Seagrave adjudge. Par Praelatos, COMITES, BARONES ET ALIOS DE CONCILIO. At the Parliament at York, Ap. 12. E. 3. Consideratum est per Praelatos, Comites, BARONES, ET COMMUNITATEM ANGLIAE; the Lord Audley's care. At the Parliament at Westm. 15. E. 2 Hugh le pier adjuge per les SEIGNIEURS, & COMMONS. Rot. Parl. 50. E. 3. n. 34. Lord Nevil's case. Then he andes. See Rot. Claus. 1 R. 2. n. 5. 8. 38. ●0. A tresage Council le Roy Les SIGNORS, & COMMONS, etc. Rot. Parl. 2. H. 5. nu. 1●. Err●ra sinned, THAT THE LORDS gave Judgement WITHOUT PETITION OR AS●●NT OF THE COMMONS, Rot. Parl. 28. H. 6. nu. 10. and many others in the Reign of King H. 6. and Kin, E. 4. And of later times see divers notable Judgements, at the prosecution of the Commons, By THE LORDS, at the Parliaments ●●●den 18. and 21. jac. Regis, against Sir Giles Mompesson Sir john Michael, Viscount St. Albon, Lord Chancellor of England, the Earl of Middlesex, Lord Treasurer of England, whereby the due proceed of judicature in such Caces doth appear. Then he citys the cases of 
* 8. Eliz.  Thomas Long, 
* 23 Eliz.  Arthur Hall, 
* 2. A●●●l, 1. Ma●●●.  and Muncton, censured by the House of Commons only and by them fined and imprisoned, without the Lords; A●d concludes thus; If any Lord of Parliament, spiritual or temporal, have committed any Oppression, Bribery, extortion, or the like, the HOUSE OF COMMONS, BEING THE GENERAL INQUISITORS OF THE REALM, (coming out of all parts thereof) may examine the same, and if they find by the Vote of the House, the charge to be true, than they TRANSMIT THE SAME TO THE LORDS WITH THE WITNESSES and PROOFS. From which passages of his some ignorantly have concluded. That the Lords have no power of Judicature without, but only jointly with the Commons: That all Commoners ought to be judged only by the Commons, not by the Lords: and That the Commons have a sole power of Judicature in cases of Commoners; and the Lords no power but jointly with them, or upon their preceding Petitions and impeachments, neither in case of Commoners; nor Peers.  
I answer, that Sir Edward Cooks words are much mistaken▪ and rightly understood warrant no such inferences, but the contrary. For first, he clearly confesseth in direct terms, That the Lords in their House have a power of judicature, even without the Commons; ha' he deemed particularly in whose, and in what cases out of the Judgements Records and Journals of Parliament at large (to which he refers the Reader a being best understood by reading them; which warrant the Lords judging, fining imprisoning and condemning to death not only of Peers, but of Commoners themselves without the Commons; as I have fully manifested; their could no such inference have been made. Secondly, ●e adde●, That the Commons in their House have a power of Judicature. From whence Lilburne and others infer. That they are and aught to be the sole Judges of all Commoners, and not the Lords, in all cases triable in Parliament. But this is a most gross mistake, Sir Edward Cook confining this Judicature of theirs, only to these three c●ses. First, to matters and abuse concerning elections of Knights, Citizens and Burgesses, being Members of the Commons House, the judgement and determination whereof the Commons alone (of late times only) have usually taken upon them without the Lords, which he proves by Thomas Longs case, 8. Eliz. and no greater antiquities, of which elections the King and Lords in former times have been sole Judges: for which I shall cite some memorable records worthy the Lords and ●●mmons consideration, who now take upon them to suspend eject & Judge their own Members elections without the Kings or Lords concurrence or privity, a practice not heard of in former ages and of late original. In the Parliament holden at Westminster. 5. H. 4. Rot. Parl. num. 38. Thomas Thorpe his case. Item, because that the writ of summons of Parliament returned by the Sheriff of Roteland was not sufficiently nor duly returned as the Commons conceived; the said Commons prayed our Lord THE KING, and THE LORDS IN PARLIAMENT that this matter might be duly examined in Parliament, and that in case their shall be default found in this matter that such a punishment might be inflicted, which might become exemplary to others to offend again in the like manner: Whereupon our said Lord the King IN FULL PARLIAMENT, commanded THE LORDS IN PARLIAMENT TO EXAMINE THE SAID MATTER, and to do therein AS TO THEM SHOULD SEEM BEST IN THEIR DISCRETIONS. And thereupon the SAID LORDS caused to come BEFORE THEM IN PARLIAMENT, as well the said Sheriff, as William One by who was returned by the said Sheriff for one of the Knights of the said County, and Thomas Thorpe, who was elected in full County to be one of the Knights of the said Shire, for the said Parliament and not returned by the said Sheriff. And the said parties being duly examined, and their reasons well considered, in the said Parliament, IT WAS AGREED BY THE SAID LORDS, that because the said Sheriff had not made a sufficient return of the said writ THAT HE SHALL AMEND THE SAID RETURN, and THAT HE SHALL RETURN THE SAID THOMAS FOR ONE OF THE SAID KNIGHTS, as he was elected in the said County for the Parliament: and moreover that the said Sheriff for this default SHALL BE DISCHARGED OF HIS OFFICE, and COMMITTED PRISONER TO THE FLEET, and that he should MAKE FINE and RANSOM AT THE KING'S PLEASURE. Lo here the Lords in Parliament at the Commons request, and by the King's command, examining and giving judgement in case of undue election, even without the Commons. An attendent on Sir Tho. Brooke chosen one of the Knights to serve in Parliament for the County of Somerset, being grievously beaten by one john Savage, was upon a petition of the Commons relieved against this breach of Privilege by * Ordinance or Act of Parliament, 
8. H. 4. 23. 14.  made by consent of the King and Lords, which is printed in 5. H. 4. c. 6. And in like manner Richard Strode Burgess of Plimton was relieved against breaches of his privileges as a Parliament man, by a special act of Parliament assented unto by the King and Lords upon the Commons petition, An. 4. H. 8. c. 6. the Commons alone being then unable to relieve them, or punish these breaches, by their own authority, as of late they presume to do without King or Lords; Quo Jure (having not the power of Judicature vested in them) I am yet to learn, being contrary to the practice and precedents of all ancient Parliaments before our present age; and the Statute of 11. H. 6. c. 11. provided for this very purpose, which presents another remedy out of Parliament, and not in only the Commons house.  
In the Parliament of 16. R. 2. n. 6. The Wednesday after the Parliament began Sir Philip Courtenay returned by the Sheriff of Devon for one of the Knights for that County▪ came before the King in full Parliament and said, that he understood how certain people had accused and slandered him to the King and Lords, as well by Bill as by mouth, of heinous matters; and therefore prayed TO BE DISCHARGED OF THE SAID EMPLOYMENT, until the said accusations and complaints were tried, and found true, or not true: and because his said prayer seemed honest TO THE KING and THE LORDS, THE KING GRANTED HIM HIS REQUEST, and DISCHARGED HIM IN FULL PARLIAMENT. AND the Monday following, at the instance and prayer of the COMMONS the KING GRANTED THAT HE SHOULD BE RESTORED and REMITTED TO HIS PLACE according to the return of the said Sheriff, for to counsel and do that which belonged unto his office; and after because he had been good and treatable with those who had complained upon him, and condescended to a good treaty, he was restored in full Parliament to his good same. The charge against him is expressed in the same Parliament rol. num. 13. 14. where two Petitions preferred against him to THE KING and LORDS IN PARLIAMENT, for putting Thomas Peutyngdon forcibly out of possession of the Manor of Bygelog● without just cause, & Richard Somestre out of other lands & detaining them from them, he being so powerful in the County, that no poor man durst to sue him. Which Petitions were referred by consent in Parliament to certain Arbitrators to determine.  
From which record it is evident, First, that Members of the Commons house may be complained and petitioned against for misdeameanours, and put to answer before the King and Lords in Parliament, and there fined and judged (not before the Commons house) and that this was the ancient way of proceeding. Secondly, that the Commons cannot suspend or discharge any of their fellow-Commoners or Knights from sitting in Parliament, but only the King and Lords in full Parliament, in whom the power of Judicature rests: much less than can they expel or eject any of their members by their own authority without the Kings and Lords concurrence and consents. Thirdly, that the power of restoring and readmitting a suspended Member of the Commons house belongs not to the Commons themselves, but to the King and Lords, to whom the Commons themselves in this case addressed themselves by petitinn for Courtneys' readmission unto his office, after his submission of the complaints against him to the arbitrament of those Members to whom the King and Lords referred the same.  
In the Parliament of 17. R. 2. n. 23. It was accorded by the King and Lords at the request of the Commons, that Roger Swinerton who was indicted of the death of one of their companions, John de Ipstones, Knight of the said Parliament for the County of Stafford, slain in coming towards the said Parliament by the said Roger, should not be delivered out of prison wherein he was detained for this cause, by bail mainprize, or any other manner, until he had made answer thereunto, and should be delivered by the Law, the Commons alone by their own power having no authority to make such an order even for the murder of one of their own Members, without the King and Lords who made this order at their request.  
In the Parliament of 35. Eliz. when Sir Edward Cook was Speaker of the Commons House, there fell out some questions in the Commons House about the Amendment of a mistake in the return of the Burgess of Southwark, 
* 5. R. 2. c. 4 8. H. 4. c. 14. 11. H. 4. c. 16. H. 6 c. 4. 8. H. 6. c. 7. 32. H. 6. c. 15 Ploud. tol. 11. 8 etc.  and after long debate it was resolved that the House could not amend it, but the Lord Keeper in Chancery, where the return was of Record, if he thought it amendable by Law; and that Masten Speaker should wait upon the Lord Keeper about it, which he did; who advised with the judges concerning it, as appears by the Journal. And the Statutes made for redress of abuse of Elections of Knights and Burgesses were made by the King and Lords upon the Commons petitions, as appears by 8. H. 4. n 83 1 9 11. H. 4. n. 54. Neither of all which statutes gives the House of Commons alone any power of judicature to judge the right of Elections, or punish abuses committed in them, but leaves them to the Lords judicature as at first, and gives the party injured an action at Law against the Sheriff and ●others for false returns.  
Secondly, Sir Edmund Cooks words extend only matters of misdemeanour of any Members of the House of Commons committed in or against the House itself, of which the● now, though not anciently, are the sole judges; without the Lords: which he proves by Arthur, Hall's case. Thirdly to breaches of Privileges of the Commons House alone, in striking or arresting any of the Members, or their privileged servants, which he proves by Munctons' case, and 11. H. 6. c. 11. 5. H. 4. c. 6. the two latter proving the contrary.  
Yet in this case of breach of privilege even in arresting the Commons Members and servants, the Commons house were no● anciently the sole Judges, as now. In the Parliament of H. 6. n. 25. 26. 27. 28. Thomas Thorp chief Baron was chosen Speaker of the Parliament, and after his election, and before the Parliament, (which was prorogued) he was arrested and taken in execution at the suit of the Duke of York: whereupon some of the Commons were sent up by the House to the King, and Lords spiritual and temporal sitting in Parliament, desiring that they might enjoy all their ancient and accustomed Privileges in being free from arrests, and propounded the case of Thomas Thorp th●●r Speaker to them, desiring his enlargement, whereupon the said Lords spiritual and temporal, not intending to hurt or impeach the privilege of the Commons but equally after the Courts of law to administer Justice, and to have knowledge what the Law will weigh in that behalf, declared to the Justices, the premises, and asked of them, whether the said Thomas ought to be delivered from prison by force and virtue of the said privilege of Parliament or not? To the which question the chief Justices in the name of all the Justice's aforesaid communication and mature deliberation had among them, answered and said, that they ought not to answer to that question, for it hath not been used aforetime that the justices should in any wise determine the privilege of this high Court of Parliam. for it is so high and mighty in his nature that it may make that law which is not and that that is law, it may make no law, and the determination and knowledge of that privilege belongeth to the Lords of the Parliament, and not to the justices; but as for declaration of proceed in the lower Courts in such cases as writs of Supersedeas of Privilege of Parliament be brought and delivered, the said chief justice said, that there be many and divers Supersedeas of privileges of Parliament brought into the Courts, but there is no general Supersedeas ●rought to surcease all Processes, for if there should be, it should seem that this High Court of Parliament, that ministereth all Justice and equitity should let the process of the common Laws, and so it should put the party plainant without remedy, for so much as 
* Upon this ground 1. R. 2. n. 20. 87. 114. 2. R. 2. n. 8. 49. 5. R. 2. n. 44. 13 R. 2. n. 10. 30. 33. 15. R. 2. n. 9 17. R. 2. n. 10 We find the Commons and Parliament very zealous to maintain the Common Law; and referring causes and petitions to it when proper for it, and unproper for the Parliament.  actions at Common Law be not determined in this High Court of Parliament. And if any Person that is a Member of this High Court of Parliament, be arrested in such cases as be not for Treason or Felony or surety of the Peace, or for condemnation before the Parliament, it is used that all such persons should be released of all such arrests, and make an Attorney, so that they may have the freedom and Liberty freely to attend upon the Parliament. After which answer and Declaration it was throughly agreed, assentted and concluded by the Lords spiritual and temporal, that the said Thomas, according to the law, should remain still in Prison for the causes abovesaid, the privilege of the Parliament, or that the same Sir Thomas was Speaker of the Parliament, notwithstanding, And that the premises should be opened and declared to them that were com●● for the Commons of this land, and they should be charged and commanded in the King's name that they with all goodly haste and speed proceed to the election of another Speaker. The which premises, for as much as they were matters of Law, by the commandments of the Lords, were opened and declared to the Commons, by the mouth of Walter M●yle one of the King's Sergeants at Law, in the presence of the Bishop of Ely, accompanied with other Lords in notable number: and there it was commanded and charged to the said Commons by the said Bishop of Ely in the King's name, that they should proceed to the election of another Speaker with all goodly haste and speed, so that the matters for which the King called this his Parliament might be proceeded in: and this Parliament took good and effectual conclusion and end. Whereupon th● Commons accordingly elected Thomas Charlton Knight, for their Speaker the next day, and acquainted the Lords therewith, and desired the King's approbation of their choice, which was accorded unto by the King.  
In the Parliament of 39 H. 6. n. 9 Walter Clerk, one of the Burgesses of Parliament for Chippenham, was arrested and imprisoned in the Fleet for divers debts to the King and others, upon a Capias U●lagat●m; whereupon the Commons complained thereof to the King and Lords, and desired his release, and tendered them an Act of Parliament ready drawn for that purpose to which Petition and Bi●● of theirs, the King by the ASSENT OF THE LORDS SPIRITUAL and TEMPORAL assented; And thereupon he was freed. In like manner, Richard Chedder.  
In the Parliament of 35. Eliz. Thomas Fitz-Herbert of Staffordshire was elected a Burgess of Parliament, and two hours after, before the Indenture returned, the Sheriff took him in upon a Capi●● Utlagatum; Whereupon he petitioned the House, that he might have a Writ of Privilege and be enlarged. After many day's debate and Argument of this case in the House by sundry Lawyers, and Sir Edward Cook, than Speaker, it was agreed; That no Writ of Privilege could in this case be returned into the House of Commons, being but a Member of Parliament, and no Court of Record, but only into the Chancery or House of Peers; And that this being a point of Law it was meet the judges should be advised with, and determine it, not the House: And at last he was outed of his Privilege by the Houses resolution. In 28. H. 8. Dyer 60. The case of Trewinnerd a Commoner, in point of Privilege of Parliament concerning an arrest, was argued and debated before the Judges in the King's Bench: And so was Chedders case in 8. H. 4. 12. 13. So as the Commons only are not the sole Judges of such Privilege (as many now conserve) but the House of Peers, and King's Council, and Judges as well as they. In these three cases only, and no other that I find, Sir Edward Cook admits the Commons to be sole judges now (though not anciently) without the Lords. Therefore to extend it generally to all, or any other cases of Commoners, but these is to pervert his words, and extend them fare beyond his meaning. Now Lilburnes & overton's Cases are none of these, but directly under the Lords sole judicature, because infringements of their Privileges, of which the Lords only are the judges, as the Commons pretend they are of their Privileges; as his following passages manifest. Thirdly▪ he adds; that both Houses together have power of Indicature, but determines not in what cases, nor in what way of Judicature, which hath caused the Object●rs mistake. But the Judgements, Records and journals of Parliament to which he refers, and the cases he citys in the Margin, will affoyle this doubt, and clear his meaning, which is this.  
First, That in attainders and judgements of High Treason, Felony, or other Misdemeanours in Parliament, where the proceed are not by way of trial and ordinary Judicature, but by 
* See 31. H 6. n. 45. 64. 38. H. 6. n. 9 to 36.  Bill or Act of Parliament, there both Houses together (and the King too jointly with them) have the power of judicature: and this is all which is proved by 15. E. 2. Hugh Spencer's case, who was judged and banished by an Act of Parliament, entitled Exilium Hugonis le Spencer (printed in old Magna Chartaes') as Sir Edward Cook himself reports in calvin's case, 7. Report, f. 11. b. and the Lord Audlyes' case, 12. E. 2. is the same: the Commons having no right to judge them being Peers by the very 
* See Cook 2. Instit. f. 49. 50. 51.  Statute of Magna Charta, c. 29. but only the Peer, except in a Legislative way, by Act or Bill.  
Secondly, That in all cases of difficulty where the King shall please to demand the advice and opinions of both Houses of Parliament jointly, there both of them may, and aught to join in delivering their opinions and Judgements of the case or thing propounded: and this is all that 
* Cook, 3. I●q●. p 7. where is Case of ●●grave is cited at large.  Sir Nicholas de Seagraves case proves 31. E. 1. rot. 33. Who being charged in Parliament in presence of the King, Earles, Barons and OTHERS OF THE KING'S COUNCIL, (not the Commons or Burgesses, but the judges, and Kings learned Council at Law 
* See the Freeholders' Grand Inquest. 2. 39 40. 41. 42.  and Privy Council, who were assistants to the Lords, as I conceive, and others of his Privy Council, which Sir Edward Cook would have to express the Commons in Parliament) then and there present; that the King in the wars of Scotland, being among his enemies, Nicholas Seagrave, his leigman, who held of the King by Homage and fealty, and served him for his aid in that war, did maliciously move discord and contention without cause with John de Crombewell, charging him with many enormous crimes, and offered to prove it upon his body. To whom the said John answered, that he would answer him in the King's Court, etc. and thereupon gave him his faith. After which Nicholas withdrew himself from the King's host and aid, leaving the King in danger of his enemies and adjourned the said John to defend himself in the Court of the King of France, and prefixed him a certain day: and so as much as in him was, subjected, and submitted the Dominion of the King and Kingdom, to the subjection of the King of France: and to effect this he took his journey towards Dover to pass over into France. All which he confessed and submitted himself therein de alto et basso to the King's pleasure. And hereupon the King willing HABERE AVISAMENIUM to have the advise of the EARLS, BARONS, LORDS (magnatum) and OTHERS OF HIS COUNCIL enjoined them upon the Homage, fealty and allegiance wherewith they were obliged to him, quod ipsi fideliter CONSULERENT, they should faithfully ADVISE HIM, what punishment should be inflicted for such a fact thus confessed: Qui omnes, habito super hoc diligenti tractatu, & avisamento, etc. Who all having had thereupon diligent debate and advise, having considered and understood all things contained in the said fact, DICUNT (not by way of judgement judicially pronounced but of answer to the Kings question propounded, and as their opinion of the cause) Said, that this fact DESERVES loss of life and members, etc. So as this offence (notes Sir Edward Cook) was then adjudged in Parliament to be High Treason. But under his favour, First, here was no Judgement at all given against the party himself, but only an opinion and advise touching his case (not pending judicially in Parliament by way of Indictment or Impeachment, but voluntarily proposed by the King) in answer to the King's question; and so it can be no proof of any actual proper Judicature vested in both Houses. Secondly, For aught appears, this question was only propounded to the Earls, Lords, Barons, and the King's Council that assisted them; and so only to the House of Peers, not to the commons: and answered, resolved only by them; 
* See the Freeholders grand Inquest. p. 39 40. 41. 42.  aliorum de Concilio suo; not expressing nor including the Commons, as I apprehend, being never so entitled in any Parliament Records for aught I can find. And then it follows, that the LORDS ONLY IN THAT AGE were the Judges even of Commoners cases. Thirdly, Admit the Commons were included yet it proves only a right of advising and delivering their opinions with the Lords, when required by the King, not of judging or pronouncing sentence. Fourthly, Sir Edward Cook citing this precedent, to prove That both Houses together have power of judicature; must grant that even in 33. E. 1. there were two distinct Houses of Parliament, who upon special occasions (as now at conferences, etc.) met and advised together; and therefore the division of the Houses was before Edward the third his reign, and very probable as ancient as this summoning of Knights, Citizens, and Burgesses of the Parliament, which some make no ancienter than King Henry the first, or King Henry the third, In the 40. year of his reign, Father to King Edward the first. So as this precedent makes quite against the Levellers and Lilburnians designs, 
The Freeholders Garnd Inquest. p. 13. 14. 15.  and opinions.  
Fourthly, Sir john at Lees case 42. E. 3. num. 20. (said to be adjudged by the Lords and Commons) is somewhat mistaken. For the record only mentions, That the 21 day of May, the King gave thanks to the Lords and Commons for their coming and aid granted; on which day ALL THE LORDS & SUNDRY OF THE COMMONS dined with the ●ing. After which dinner Sir john at Lee, was brought before the King, LORDS & COMMONS next aforesaid (who dined with the King) to answer certain objections made against him by William Latymer, about the wardship of Robert Latymer, that Sir John being of power had sent for him to London, where by duresse of imprisonment he enforced the said William to surrender his estate unto him; which done, some other Articles were ob●ected against the said Sir john, Of which for that he could not sufficiently purge himself, HE was committed to the Tower of London, there to remain till he had made fine and ransom at the King's pleasure, and command given to the Constable of the Tower to keep him accordingly. And then the said Lords and Commons departed: After which he was brought before the King's Council at Westminster, which COUNSELL ORDERED the said ward to be released into the King's hands: So as this record proves not this judgement was given in the Parliament house, nor that the Lords and Commons adjudged Sir john, but rather the King and his Council in the presence of the Lords and Commons.  
Fifthly, The judgement given against the Lord Latymer 15. E. 3. Parl. rot. num. 27. (which was for his default in government against the profit of the King and Realm, procuring of grants to the destruction of the Staple and Town of Calayes, and levying Impositions upon wools) was given in full Parliament BY THE BISHOPS and LORDS who awarded him to the custody of the Marshal, and to make fine and ransom at the King's pleasure: Whereupon the Commons REQUIRED (by way of petition) that he might lose all his Offices, and no longer be of the King's Council, which the King granted. The Commons not joining at all with the Lords in his judgement, neither could they so join, he being a Peer.  
And for the Lord Nevil in that Parliament: num. 33. he was only accused, not judged by the Commons.  
Sixthly, The case of 2. H. 5. rot. Parl. num. 15. that Error is there assigned that the Lords gave judgement without Petition or assent of the Commons, is a gross mistake: For the record only recites, That Thomas Montague Earl of Salisbury, Son and Heir of john Montague Earl of Salisbury, exhibited his petition in Parliament to reverse a judgement given against his said father in the Parliament at Westminster in the second year of King Henry the fourth. Whereupon he exhibited certain reversals of Judgements given in Parliament, as making on his behalf, to the Lords consideration, reversed for some errors assigned in those jadgements; to wit one judgement given against Thomas heretofore Earl of Lancaster, before King Edward the second at Pomfract, the monday before the feast of the Annunciation, in the fifteenth year of his reign; and another Judgement against Roger de Mortymer, late Earl of March, in the Parliament of King Edward the third, the Monday after the Feast of St. Katherine, in the fourth year of his reign, at Westminster. Which judgements being distinctly and openly read, and fully understood; Jo seemed TO THE KING and LORDS that the case of the death and execution of the said John late Earl of Sarum, and of the judgement aforesaid against him given, is not, nor was like to the case of the executing of the said Thomas heretofore Earl of Lancaster, nor to the case of the kill of Roger Earl of March, nor to any judgement given against the said Thomas and Roger, as aforesaid; but that the judgement and declaration had and given against the said john late Earl of Sarum WERE A GOOD JUST and LEGAL DECLARATION and JUDGEMENT. Per quod CONSIDERATUM FUIT in praesenti Parliamento PER PRAEDICTOS DOMINOS tunc ibidem existentes, DE ASSINSU dicti Domini nostri Regis, quod praefatus nunc COMES Sarum. NIHIL CAPIAT PER PETITIONEM aut prosecutionem suam praedictam, Et ulterius TAM DOMINI SPIRITUALES QUAM TEMPORALE supradicti, JUDICIUMET DECLARATIONEM praedicta versus dictum joannem quondam Comitem Sarum, ut praem●ttitur habita five reddita DE ASSENSU IPSIUS DOMINI REGIS AFFIRMARUNT FORE ET ESSE BONA, JUSTA ET REGALIA, et ea pro hujusmodi EX ABUNDANTI DISCREVERUNT, & ADJUDICARUNT TUNC IBIDEM. This is all that is mentioned in this Parliament Roll concerning this business.  
It appears by the Parliament Roll of 2 H. 4. num. 30. That Thomas Holland Earl of Kent, john Holland Earl of huntingdon, john Mountagne Earl of Sarum Thomas Lord de Dispenser and Ralph omely Knight were impeached of high treason, before the King and Lords in Parliament, for levying actual War against the King to destroy the King, and his Subjects, and for this taken and behead and hereupon ALL ●●E LORDS TEMPORAL BEING IN PARLIAMENT BY ASSENT OF THE KING DECLARED AND ADJUDGED all the said persons TRAITORS for levying War against the King▪ and that as Traitors they should forfeit all the lands they had in fee simple the 5 day of Jannary the first year of the reign of the King or after according to the Law of the Land, with all their goods and chattels, notwithstanding they were slain upon the said levying of War without process of Law. So this Record. To reverse this judgement was this Petition of Thomas Earl o● Sarisbury in 2. H. 5. exhibited, without the error assigned, as appears by the Parliament roll: but if it were, that the Lords only gave Judgement without Petition or assent of the Commons (as Sir Edward Cook imagines▪) 〈◊〉 the King and Lords, who upon solemned bate overruled the error abuses and Petitions, and found this judgement and Declaration of 2. H. 4. given by the Lords alone with the King's assent without the Commons TO BE GOOD JUST and LEGAL, as they did, ex abund●nti, is a most undeniable proof of the King and Lords sole right of JUDGEING and DECLARING HIGH TREASON in Parliament without the Commons, as well in case of Commoners as Lords. Ralph Lomely being but a Commoner and Knight, though the rest were Peers; and yet all jointly adjudged Traitors, and declared such only by the King and Lords without the Commons: and the Judgement assured to be good by the Commons who in the Parliament of 13. H. 4. num. 19 Petitioned, the john Lomley might be restored by act of Parliament, and made capable to inherit his father's lands thus attainted, to which the King by ASSENT OF THE LORDS SPIRITVALL and TEMPORAL, consented.  
Seventhly, the Parliament Roll of 28. H. 6. num. 18. etc. contains only an Impeachment of High Treason against the King, and other great misdemeanours against the Kingdom, and wrongs to particular persons comprised by way of Articles in two distinct Bills brought up by the Commons, and presented by William Tresham their Speaker, to the King in the Lord's House, the 7. day of February, against William de la Pole, Duke of Suffolk, to which they desired the Duke might give in his Answer by a certain day, which he did, absolutely denying the Treason against the King, and denying and excusing himself of the rest, without putting himself upon the Trial of his Peers. The Chief justice thereupon, the 14. day of March by the King's command, asked this Question of the LORDS WHAT ADVISE THEY WOULD GIVE THE KING, what is to do futrher in this matter; which advice was deferred till Monday than next following; whereon nothing was done in that matter. On Tuesday the 17. of March, the King sent for all the Lords Spiritual and Temporal then being in Town (being 42. in all into his Inner Chamber within his Palace of Westminster, where when they were all assembled▪ he then sent for the Duke thither, who coming into the King's presence, kneeled down, and continued kneeling till the Chancellor of England had delivered the King's command to him; and demanded of him, what he said to the Commons Articles, not having put himself upon his Peerage? Whereupon the Duke denied all the Articles touching the King's Person and state of the Realm, as false and scandalous. And so not departing from his said Answers, submitted himself wholly to the King's Rule and Governance, without putting himself upon his Peerage. Where thus the Chancellor told him That as touching the great and horrible things contained in the first Bill, the King holdeth him neither declared nor charged. And as touching the second Bill, containing misprisons which are not criminal, the King by force of his submission, by his own advice, and not reporting him to the advice of the Lords, nor by way of judgement, for he is not in place of judgement, putteth you to his rule and governance, that before the first of May next coming, he should absent himself out of the Kingdom of England, and all other his Dominions, in France or elsewhere, for five year's space; and that he, nor no man for him, should show or wait any malice, nor hate, to any person of what degree soever of the Commons in the Parliament, in no manner of wise, for any thing done to him in this Parliament or elsewhere. And forthwith Viscount Peamont in behalf of the said LORDS both Spiritual and Temporal, and BY THEIR ADVICE, ASSENT AND DESIRE, said and declared to the King's Highness, that this that so was decreed and done by his Excellency, concerning the person of the said Duke PROCEEDED NOT BY TH●IR ADVICE AND COUNSELS, but was done by the Kings own demeanour and rule. Wherefore they besought the King that this their saying MIGHT BE ENACTED IN THE PARLIAMENT ROLL FOR THEIR MORE DECLARATION HEREAFTER, WITH THIS PROTESTATION, THAT IT SHOULD NOT BE, NOR TURN IN PREJUDICE NOR DEROGATION OF THEM, THEIR HEIRS, NE OF THEIR SUCCESSORS IN TIME COMING, but that they may HAVE AND ENJOY THEIR LIBERTY, AS THEY OR ANY OF THEIR ANCESTORS, PREDECESSORS HAD AND ENJOYED BEFORE THIS TIME. This is the sum of this large record, which makes nothing to the purpose for which it is cited; that it is error when both Houses join not in ●udgement. For first, here is nothing but an impeachment only by the Commons of a Peer, who ought to be tried, judged by his Peerage, not by Commoners Secondly, there was no judgement given in Parliament in this case, but only a private Award made by the King, out of the Parliament House in his own Chamber in presence of the Lords. Thirdly, the Lords entered a special protestation against it, as not made by their advice or consent. Fourthly, they en●er a special claim in the Parliament Roll, for the preservation of their Right and Freedom of Peerage for hereafter, both of being tried and judged only by their Peers in Parliament; and so an express resolution, that they in Parliament are and aught to be judges, not the Commons. The last Records I have cited at large, lest Sir Edward Cooks brief quotation and misrecital of them should deceive the credulous or ignorant Reader.  
Eighthly, the cases of Sir Giles Monpesson, Sir John Michael, Viscount S. Alban, and the Earl of Middlesex, whom the Commons only impeached; and the Lords alone (without the Commons votes or presence) judged and sentenced, are direct proofs that the power of judicature and Censure as well of impeached Commoners as Lords, resides only in the Lord's House; the Commons being but general Inquisitors, to search out and present both Lords and Commoners public offences to the Lords, to whom they transmit the charge and witnesses; the Lords the only judges, to hear and determine the charge, examine the witnesses upon oath, and pass and record the sentence, and see it executed; and no more judges in the Parliament, than the grand inquest are judges at the Assizes or Sessions.  
The second and principal objection insisted upon by that Ignoramu●, 
Object. 2.  Lilburne, and his disciples the Levellers, is the Statute of Magna Charta, chap. 29. That no Free man shall be imprisoned, outlawed, exiled, or any other way destroyed; Nor we shall not pass upon him, nor condemn him, but BY THE LAWFUL JUDGEMENT OF HIS PEERS, or BY THE LAW OF THE LAND. Whence thus they argue: The Lords in Parliament are not Commoners Peers, but the Commons only, therefore they cannot be judged in Parliament by the Lords, but by the Commons alone; and if Peers there judge Commoners, it is a tyranny and usurpation even against Magna Charta itself, though it be in case of privilege.  
To take away this grand seeming objection, 
Answ.  and give it a satisfactory answer, I say: First, in general, that there is scarce one Parliament ever since Magna Charta was first confirmed, but the Lords have sentenced and given judgement against some Commoners capitally or penally in body or purse, or both, without the Commons (and did so doubtless before Magna Charta was made, as I have already manifested) yet never did the Commons in any one of those Parliaments till this present, complain of it, as a violation of Magna Charta, or a tyrannical usurpation, as Lilburne and Overton style it; but acknowledged it as a just right in the Lords, even in 3. Caroli itself when the Petition of Right was passed, in the Lord's judgement and Sentence against Doctor Manwaring a Commoner, impeached by the Commons. And therefore for this one Ignoramus alone, against the judgements of all the Commons in Parliament, in all ages, to aver this a breach of Magna Charta, for imprisoning and fining him for the highest affront and breach of privilege over offered to any Parliament, is the extremity of ignorance, malice and singularity.  
Secondly, I answer, that the Statute of Magna Charta extendeth not to, nor was ever intended of the high Court of Parliaments judgements and Proceed, but only to the proceed and judgements in the King's great Courts of justice at Westminster Hall, the Exchequer, his Privy Council, and other inferior Courts held before Judges, justices of Assize, and other Officers, as is evident by comparing this objected Chapter with c. 11, 12, 13, 14, 18. 28, ●0, 3●, 37. by the Statutes of 25. E. 3. Stat. 5. c. 4. 28. E. 3. c. 3. 37. E. 3. ●. 18. 38. E. 3. c. 9 42. E. 3. c. 3. 17. ●2. c. 6. and the Petition of Right itself, 3. Caroli, which so expound it; there being never any complaint against the Parliament itself or House of Peers in any age, for breach of Magna Charta, in censuring or imprisoning Commoners till now. Therefore this misapplying of this Law to the Parliament and House of Peers, is a gross oversight.  
Thirdly, the very literal sense of this Law is much mistaken by the Objectors; For that any Freeman of England is a Peer to another Freeman, quatenus such a one, within this Law, though of an higher degree in point of honour, dignity, office, and estate; and this clause 
* 〈…〉  No Freeman shall be imprisoned, and but by the lawful judgement of his Peers, extends only to exclude villains and those who are not Freeholders from being judges of Freemen and Freeholders in trials by jury, (whence the Writs to the Sheriffs to summon jurors, require them always to return Liberos & Legales homines) not to exclude Lords or Peers (who are Freemen in the higest degree) to be judges of Commoners who are Freemen. So as the Argument from the true meaning of this Law can be but this, villains and those who are no Freemen are not to be judges, or impanelled in juries to condemn Freemen, because they are not their Peers, nor Freemen as well as they: Therefore Lords who are Freemen of the higest degree, may not give judgement against Commoners who are Freemen, very learned nonsense, we all know that the Lord Chancellor of England, Lord Keeper, Lord Treasurer, Master of the Court of Wards, and some of the judges of the King's Courts in Westminster Hall in former times, with the Chief justiciar, and justices in Eyre were anciently and of late too (as the Earl of Holland and others) Peers of the Realm, not Commoners; and that all the Peers of the Realm are in Commissions of Oyer and Terminer, and of the Peace, yet did we never hear of any Commoner demurring or pleading thus to any of their Jurisdictions in Chancery, King's Be●ch, the Exchequer Chamber, Eyres, Assizes or Sessions; Sir, I am a Commoner, and you are a Peer of the Realm, but no Commoner as I am; besides, you sit here only in the King's right, doing all in his name, and representing his person, who is not any Peer, but Sovereign. Therefore you ought not to judge my cause not condemn my person nor give any sentence for or against me, it being contrary to Magna Charta, which enacts, That no freeman should be judged or pressed upon or condemned, but by the lawful judgement of his Peers. Certainly no person was ever yet so mad or sottish, to make such a Plea before Ignoramus Lilburne; And if Lords and Peers may judge the persons and causes of Commoners in the Cancery, King's Bench, Exchequer, Court of Wards, Eyre, and at Assizes and Session's, without any violation of this clause in Magna Charta; much more may the House of Peers in Parliament do it, who are certainly Peers to Commoners, though Commoners be not Peers to them, within the meaning of Magna Charta, ch. 29.  
fourth, If the Lords in Parliament cannot meddle with or give judgement in Commoners cause, without breach of this clause in Magna Charta, then why did 
b See his Innocency and truth justified.  Lilburne himself sue and petition to the Lords as the only competent judges to reverse his sentence in Star-Chamber, and give him damages, because it was against this very Chapter of Magna Charta: If Lords cannot give judgement in the case of Commoners as now he holds without express violation of this Law; then h●mselfe in petitioning the Lords to relieve him against the Star Chamber Sentence, because contrary to this very Law and Chapter of Magna Charta, was as great a violation of it as his Starr-Chamber censure, and his sentence in Star-chamber remains still unreversed, because the Lords examining and reversing of it, they being no Commoners as he is, but Peers, was Coram non judice, and merely void, by the Statute of 25. E. 3. St●t. 5. ●. 4. because contrary to Magna Charta itself, as he now expounds it. Let him therefore unriddle and assoil thi● his own Dilemma, or for ever hold his tongue and pen, from publishing such absurdities to seduce poor people, as he hath don●; and exasperated them to clamour against the Lords, for being more favourable in their censure of him, than his transcendent Libels and contempts against them deserved.  
Fifthly, This Statute is in the dis-junctive, by the Lawful of his Peers, OR BY THE LAW OF THE LAND, which this Ignoramus observes not. 
〈…〉  Now by the● Law of the Land, every Inferior Court of justice may fine and imprison men for contempts and misdemeanours against them and their authority: therefore the Lords in Parliament being the highest and supreamed Tribunal, may much more do it, and have ever done it, even by this expr●●●e clause of Magna Charta; the Law and Custom of Parliament, as well as they may give 
c 〈…〉  judgements in writs of Error againster for Commons, without the Commons consent, as himself ●oth grant.  
Fifthly, It is granted by Lilburne, that by this express Law, ●o f●eeman of England ought to be judged or censured but only by his Peers, and that Commoners are no Peers to Noblemen, nor Noblemen Peer● to Commoners; Then by what Law of reason dared he to publish to the world, 
d 〈…〉  That the House of Commons are the Supreme Power within this Realm and THAT BY RIGHT THEY ARE THE LORDS JUDGES, certainly this is a Note beyond Ela, a direct contradiction to Magna Charta in this very clause wherein he placeth his strength, and subverts his very ground work against the Lord's jurisdiction in their censure of him. For if the House of Commons be by right the Lords ●udges, then by Magna Charta, c. 29. they are and aught to be their Peers; and if the Commons be the Lords Peers, than the Lords must be the Commons Peers too; and if so, than they may lawfully be his judges even by Magna Charta, because here he grants them to be no other than his Peers; Lo the head of this great Goliath of the Philistin Levellers, cut off with his own sword; and Magna Charta for ever vindicated from his ignorant and ●●ttish contradictory Glosses on it; and to convict him of his Error in affirming the House of Commons to be by right the Lords judges. I might inform him▪ that Magna Charta itself ●. 1. & 20 and Sir Edward Cook, (his chief Author) in his commentary on them are express against him, that in the Parliament of 15. c. 3. ch. 2. in print, it was enacted. That whereas before this time the Peers of the Land have been arrested and imprisoned and their Temporalities Lands and Tenements, Goods and 〈◊〉 seized in the King's hards, and some put to death, WITHOUT JUDGEMENT OF THEIR PEERS, that NO PEER OF THE LAND, Officer or other by reason of his office, nor of things touching his office, nor by other cause shall be brought in judgement, to lose his Temporalities, Lands, Tenements, Goods, Chattels, nor to be arrested or imprisoned, outlawed, exiled, nor forejudged, nor put to answer, NOR TO BE JUDGED BUT BY AWARD OF THE SAID PEERS IN PARLIAMENT. which Privilege of theirs was both enjoyed and claimed in Parliament, 4. E. 3. n. 14. 15. E. 3. n. 6. 8. 44. 49. 51. 17. E. 3. n. 22. 28. F. 3. n. 7. ●0. 16. 10 R. 2. n. 7. 8. etc. and sundry other Parliament Rolls 
e See Cook. 4. Instit. p. 15. ●7. E. 3. 19  And in 11. R. 2. n. 7. All the Lords in this Parliament as well Spiritual as Temporal, claimed this their liberty and franchise that all weighty matters in the same Parliament to be after moved TOUCHING THE PEERS OF THE LAND, aught to be determined, and judged and discussed BY THE COURSE OF THE PARLIAMENT, and not by the Civil Law, nor BY THE COMMON LAW used in other inferior Courts of the Relame. The which claim and liberty the King most willingly allowed, and granted thereto IN FULL PARLIAMENT. And hereupon in the Parliament of 14. R. 2. n. 13. The King and LORDS (without the Commons) ADJUDGED the Earldom and Seignory of Richmond to be forfeited, by reason that john Duke of Br●●tany than Earl of Richmond adhered to the French against his Allegiance. This Paradox therefore of his, is against all Statutes, Law-Books, and Precedents whatsoever, and Magna Charta itself.  
There is only one objection more of moment remaining, 
Object. 3.  which is this, If the House of Peers may without the Commons fine and imprison Commoners; then if their fine and imprisonment be unjust and illegal, they shall be remediless, there being no superior Courr to appeal unto, which will be an intolerable slavery and grievance not to be endured among freeborn people.  
I answer, 
Answ.  first, that no injustice shall or aught to be presumed in the highest Court of justice, till it be apparently manifested. Secondly, If any such censure be given, the party (as in Chancery) upon just grounds showed may Petition the House of Peers for a reveiw and new-hearing of the cause, which they in justice neither will nor can deny; and if they do, than the party grieved may petition the House of Commons to interceded in his behalf to the Peers for a rehearing; but to discharge or free any Commoner judicially censured by the Lords, I have hitherto met with no Precedent in former Parliaments, nor power in the House of Commons to do it, who cannot reverse Euro●ous judgements in any inferior Courts by writ of Error, but the Lords alone; much less than the judgements of the Higher House of Peers which is paramount them, Though I conceive the House of Peers, being the Superior Authority, and only judicatory in Parliament, may relieve or release any Commoners unjustly imprisoned or censured by the Commons house, or any of their Committees, and aught in justice to do it; or else there will be the same mischief or a greater, in admitting the House of Commons to be judges of Commoners; if there be no appeal from them to the Lords, in case their sentences be illegal or unjust. Thirdly, This mischief is but rare, 
Cook 4. instit p. 21, 22. 4. ● 3. n. 14. Brook and C●nmptons jurisdiction, and all Statutes for repealing former Parliaments Acts, judgements, or Attaindors.  and you may object the same against a sentence given, or Law made in Parliament, by the King and both Houses, because there is no appeal from it, or redress of it, but only in the next Parliament that shall be summoned by petition. And there is a greater greevance in ill public Acts which concern many, then in ●● judgements which concern but one or two particular persons; which yet cannot be repealed but by another Parliament; as the Errors and decrees of one general Counsel cannot be rectified or reversed but by and till another General Counsel meets to do it. The same mischief was and is in Errors, judgements, and Decrees given in the King's Bench, Chancery, and illegal commitments there; for which there is no relief out of Parliament, but towait till a Parliament be called.  
Finally, He that suffers by and under an unjust censure will have the comfort of a good Conscience to support him till he be relieved; and therefore he 
e Luk. ●1. 19 1 Pet 3. 14. Herald ●0, 32, 33, 34.  must possess his soul with Patience, and rejoice under his cross, and not rail, murmur, and play the Bedlam as Lilburne and his Companions, Overton, Larner, and other Sectaries do, against our 
f ● Pet. 2. 15. to 21 c. 4. ●6. I●●●. 53.  Saviour's own precept and example, & then God in his due season will 
g Psal. 3●. & 37. & 46.  relieve & right them in a legal way; whereas their impatience, raving, and libellous railing Pamphlets and Petitions (not savouring of a Christian, meek and humble spirit) will but create them new troubles, expose them unto just and heavy censures, and rob them both of the comfort and glory of all their former sufferings against Law and Right.  
Having answered these Objections I shall now earnestly desire all Lilburnes and overton's seduced Disciples, whether Members or others, seriously to weigh and consider the premises, that so they may see how grossly they have been deluded, abused, and misled by these two Ignes fatui, or New-lights of the Law, and Circumscribers of the Lords and Parliaments jurisdictions, which (God knows) they no more know nor understand then balam's Ass, as the premises demonstrate; and I shall seriously adjure them, (if they have any grace, shame, or remainder of ingenuity left in them) ingeniously to recant, and publicly to retract all their seditious railing Libels, and Scurrilous Invectives against the Lords undoubted Privileges, jurisdiction, and judicature, which I have here unanswerably made good, by undeniable Testimonies, Histories, Records, and the grounds of policy, and right reason, (which they are unable to gain say) to undeceive the many ignorant over-credulous poor souls they have corrupted and misled to the public destrubance of our Kingdom's Peace; 
Isay. 9 16.  and let all their followers consider well of our Saviour's caution, Mat. 15. 14. If the blind lead the blind (as these blinde-guides do you) both of them shall fall into the ditch, and there perish together: O consider therefore what I have here written to undeceive your judgements, and reform your practice; consider that Dominion, Principality, Regality, Magistracy, and Nobility are founded in the very Law of Nature, and Gods own institution, who subjected not only all beasts, and living creatures to the sovereign Lordship of man, to whom he gave Dominion over them, Gen. 1. 28, 29. c. 9 2, 3, 5. by virtue whereof men enjoy fare greater Privileges than beasts; but likewise one man unto another, as 
i Gen. 3. 16. Exod. 20. 12. Ephes. 5. 22. to 30. c. 6. 1. to 10. Rom. 13. 1, 2, 3. Tit. 3. 1. Col. 3. 20, 22. 1 Pet. ●. 13, 14, 18 c. 3. 15. Heb. 13. 17. Iosh. 1. 16, 17, 18. Matth. 8 9  children to their Parents, Wives to their Husbands, Servants to their Masters; Subjects to their Kings, Princes, Magistrates, Soldiers to their Captains, Mariners to their Ship-Masters, Scholars to their Tutors, People to their Ministers; which order, if denied or disturbed, will bring absolute and speedy confusion in all Families, Corporations, States, Kingdoms, Armies, Garrisons, Schools, Churches, and dissolve all humane Societies, which subsist by order and subordination only to one another; and seeing Monarchy, Royalty, Principality, Nobility, yea Titles of Honour and Nobility (as Kings, Princes, Dukes, Lords, etc.) are as ancient almost, as the world itself, universally received, approved among all Nations whatsoever under heaven, 
See M●st●r Seldens Titles of honour, Dr. Hu●●●●es and others of Nobility. Catane●s C●ologus gloriae mundi.  and honoured with special Privileges, as not only all k● eminent Authors, and experience manitest, but these ensuing Scripture Texts, Gen. 12. 15. c. 14. 1. to 10. c. 17. 6. 16. c. 20. 2. c. 21, 22, 23. c. 25. 16. c. 26. 1. 8. 26. c. 36. 15, 16, 17, 18, 29, 30, 31, to ●3. c. 9 1, 2. c. 41. 40, to 47. c. 47. 2●, 26. Exod. 1. 8. Numb. 20. 14, etc. c 21, 1, 1●, 21, 33. c. 22. 7, 10, 14, 15, 40. c. 23. 17. c. 7. 2, 3, 10. c. 16. 2. c. 27. 2. c. 32. 2. Dent. 17. 14, 15, 16. Iosh. 1. 16, 17, 18. c. 5. 1. c. 8. 9, 10 11, 12. judg. 9 6, 18. 1 Sam. 8. 5, 6. 2 same 11. 2. 1 Kin. 4. 34. c. 10 15, 28, 29. c. 20. 16. c. 23. 22. job. 3. 14. c. 36. 7. Psal. 2. 2. 10. Ps. 62. 12, 14, 29. Ps. 72. 10. Ps. 102. 15. Ps. 136. 17, 18. Ps. 138. 4. Prov. 8. 15, 16. Prov. 30. 31. Eccles. 10, 16, 17. judg. 3. 5. c. 16. 8, 1 Sam. 5. 11. c. 29. 2, 6, 7. Dan. 4. 36. c. 5. 9, 10, 23. c. 6. 27. Mat. 8. 9, Mar. 6. 21. c. 10. 42. 1 Cor. 8. 5. Rom. 61. 1, 2, 3, 4. 1 Tim. 2. 1, 2. Tit. 3. 1, 2. 1 Pet. 2. 13, 14, 15. Acts 9 27. (which I wish our Sectaries, Lovellers and Lilburnists to consider and study, with the others forecited; it will be a mere desperate folly and madness in any man to prove Antipodes to this instituiion of God, Nature, Nations; to run quite contrary to all meu, and to level the head, neck, shoulders to the feet; the tallect Cedars to the lowest Shru●s; the roof of every building to the foundation stones, the Su●ne, Moon, Stars, Heavens, to the very Earth and centre, and even men themselves to the meanest beasts. I shall therefore conclude with Saint Paul's serious admonition, which these refractory persons have quite forgotten, Rom. 13. 1, 2, 3. Let every soul be subject to the higher Power for there is no po●er but of God the powers that be are ordained of God; whosoever therefore resisteth (much more oppugneth, abolisheth) the Power, resisteth (oppugneth, abolisheth) THE ORDINANCE OF GOD, and t●ey that resist (oppugn or endeavour to abolish these powers) shall receive to themselves DAMNATION; for Rulers are not a terror to good works, but to the evil, and wherefore YE MU NEEDS BE SUBJECT, NOT ONLY FOR WRATH, but also FOR CONSCIENCE SAKE. And for this cause pay you tribute also, for they are Gods Ministers, attending continually on this very thing. Render therefore to all (such higher Powers) their deuce, tribute to whom ribute, custom to whom custom, fear to whom fear, HONOUR to whom HONOUR IS DUE, (which Saint Peter likewise seconds almost in the selfsame words, which you may do well to peruse and study, 1 Pet. 2. 12. to 20.) and then you will never dare to question or dispute any more the Power, judicatory, Privileges of the Right Honourable House of Peers, much less to Revile and Libel against their persons as now you do, to the infinite Scandal of your Schismatical faction, and Religion itself, which you profess only in show, but deny in deed and practice.  
FINIS.