







 
   
     
       
         The case stated concerning the judicature of the House of Peers in the point of appeals
         Holles, Denzil Holles, Baron, 1599-1680.
      
       
         
           1675
        
      
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             The case stated concerning the judicature of the House of Peers in the point of appeals
             Holles, Denzil Holles, Baron, 1599-1680.
          
           84, [4] p.
           
             s.n.],
             [London :
             1675.
          
           
             Reproduction of original in the Bodleian Library.
          
        
      
    
     
       
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         eng
      
       
         
           England and Wales. -- Parliament. -- House of Lords -- Rules and practice.
           Appellate procedure -- Great Britain.
        
      
    
     
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           THE
           CASE
           STATED
           Concerning
           the
           JUDICATURE
           OF
           THE
           House
           of
           Peers
           In
           the
           Point
           of
           APPEALS
           .
        
         
           Printed
           in
           the
           Year
           ,
           MDCLXXV
           .
        
      
    
     
       
         
         
         
           The
           Case
           stated
           concerning
           the
           Iudicature
           of
           the
           House
           of
           Peers
           ,
           in
           the
           point
           of
           Appeals
           .
        
         
           ONe
           chief
           end
           of
           Parlaments
           ,
           besides
           that
           of
           making
           good
           and
           wholsome
           Laws
           for
           the
           well
           governing
           of
           the
           Kingdom
           ,
           is
           to
           redress
           and
           reform
           Abuses
           of
           Inferiour
           Courts
           ,
           and
           to
           direct
           them
           in
           Cases
           of
           great
           difficulty
           ,
           when
           by
           reason
           of
           some
           Circumstance
           in
           matter
           of
           Fact
           ,
           the
           Law
           is
           not
           so
           plain
           ,
           as
           that
           they
           can
           proceed
           to
           give
           Relief
           to
           such
           suiters
           as
           stand
           in
           need
           of
           Relief
           and
           demand
           it
           ;
           and
           then
           have
           those
           Courts
           applied
           themselves
           to
           the
           Parliament
           for
           Advice
           and
           Direction
           :
           Whereas
           in
           other
           Cases
           ,
           where
           there
           hath
           been
           either
           a
           Perverting
           of
           Justice
           in
           giving
           
           a
           wrong
           Judgement
           ,
           or
           a
           wilful
           delay
           of
           Justice
           ,
           in
           giving
           no
           Judgement
           at
           all
           ,
           there
           the
           Party
           grieved
           complaining
           to
           the
           Parliament
           ,
           finds
           that
           Remedy
           ,
           which
           his
           Case
           requires
           .
           Therefore
           is
           it
           that
           1.
           
           R.
           2.
           n.
           95.
           the
           Commons
           pray
           ,
           
             That
             a
             Parliament
             be
             yearly
             holden
             to
             redress
             delays
             in
             Suits
             ,
             and
             to
             end
             such
             Cases
             as
             the
             Iudges
             doubt
             of
             .
          
        
         
           Now
           the
           next
           thing
           to
           be
           enquired
           into
           ,
           is
           how
           ,
           and
           in
           what
           manner
           ,
           the
           Parliament
           doth
           exert
           this
           power
           of
           Judicature
           over
           Inferiour
           Courts
           ,
           and
           where
           ,
           and
           in
           what
           part
           of
           the
           Parliament
           this
           Jurisdiction
           is
           lodged
           ,
           which
           I
           think
           will
           be
           easily
           made
           out
           ,
           to
           be
           singly
           and
           solely
           in
           the
           Upper
           House
           ,
           the
           House
           of
           Peers
           ,
           that
           there
           it
           is
           ,
           and
           hath
           ever
           been
           both
           
             De
             facto
             &
             de
             jure
          
           .
        
         
           That
           it
           hath
           been
           Practised
           so
           ,
           you
           have
           multitudes
           of
           Presidents
           ,
           sometimes
           in
           case
           of
           delay
           in
           Justice
           ,
           sometimes
           in
           case
           of
           an
           Erroneous
           proceeding
           in
           the
           Application
           of
           it
           :
           As
           in
           the
           14.
           
           E.
           3.
           in
           the
           Case
           of
           Sir
           Iohn
           and
           Sir
           
             Ieffery
             Stanton
          
           ;
           Sir
           Ieffery
           comes
           and
           complains
           to
           the
           House
           of
           Lords
           ,
           
           of
           delay
           in
           the
           Court
           of
           
             Common
             Pleas
          
           ,
           the
           House
           of
           Lords
           first
           send
           to
           those
           Judges
           to
           proceed
           to
           Judgement
           ,
           by
           a
           Writ
           containing
           the
           whole
           Matter
           as
           it
           was
           represented
           to
           them
           ,
           with
           this
           ;
           that
           in
           case
           the
           Judges
           there
           could
           not
           agree
           in
           regard
           of
           Difficulty
           ,
           or
           any
           other
           Cause
           ,
           they
           should
           then
           come
           into
           Parliament
           ,
           and
           bring
           with
           them
           the
           Record
           of
           the
           whole
           Process
           ,
           which
           Sir
           
             Iohn
             Stonore
          
           the
           Chief
           Justice
           did
           ;
           and
           then
           the
           House
           of
           Peers
           ,
           (
           as
           it
           is
           expressed
           in
           the
           Roll
           )
           :
           
             Les
             Prelats
             Countes
             Barouns
             &
             Autres
             du
             Parliament
             ,
          
           and
           who
           those
           Autres
           were
           ,
           is
           likewise
           expressed
           (
           not
           any
           of
           the
           Lower
           House
           ,
           but
           )
           
             Le
             Chaunceller
             ,
             Tresorer
             ,
             Iustices
             del
             un
             Bank
             &
             del
             autre
             &
             autres
             du
             Conseil
             du
             Roy
          
           (
           that
           is
           ,
           Those
           who
           were
           Assistants
           in
           the
           House
           of
           Peers
           ,
           as
           the
           Attorney
           ,
           and
           others
           of
           the
           Kings
           learned
           Counsel
           ,
           and
           even
           the
           Chancellor
           and
           Treasurer
           ,
           if
           they
           were
           not
           Peers
           )
           they
           declare
           ,
           
             Est
             finalement
             accordez
          
           ,
           the
           Roll
           saith
           ,
           it
           is
           finally
           agreed
           ,
           what
           the
           Judgement
           shall
           be
           ,
           and
           they
           command
           those
           Judges
           ,
           
             Quils
             en
             lour
             Bank
             aillent
             le
             Iugement
             
             rendre
             ,
          
           that
           they
           go
           and
           pronounce
           that
           Judgement
           in
           their
           Bench.
           
        
         
           But
           there
           is
           an
           Act
           of
           Parliament
           in
           that
           14.
           of
           E.
           3.
           c.
           5.
           (
           and
           that
           Act
           is
           still
           in
           force
           )
           which
           shews
           the
           right
           of
           such
           a
           Judicature
           to
           be
           in
           the
           House
           of
           Peers
           :
           It
           ordains
           ,
           
             That
             a
             Prelate
             ,
             two
             Earls
             ,
             and
             two
             Barons
             ,
             shall
             be
             chosen
             every
             Parliament
             ,
             who
             shall
             have
             a
             Commission
             from
             the
             King
             ,
             to
             hear
             the
             Complaints
             of
             those
             that
             will
             complain
             unto
             them
             of
             such
             Delays
             or
             Grievances
             done
             to
             them
             in
             the
             Chancery
             ,
             Kings
             Bench
             ,
             Common
             Bench
             ,
             or
             Exchequer
             ,
             shall
             cause
             the
             Iudges
             of
             the
             Court
             ,
             where
             such
             Delay
             is
             complained
             of
             ,
             to
             come
             before
             them
             with
             the
             whole
             Process
             in
             the
             Cause
             ,
             may
             call
             to
             them
             the
             Chancellor
             ,
             Treasurer
             ,
             Iustices
             of
             either
             Bench
             ,
             and
             Barons
             of
             the
             Exchequer
             ,
             as
             they
             shall
             think
             fit
             ,
             to
             assist
             them
             :
             So
             shall
             proceed
             to
             take
             a
             good
             accord
             ,
             and
             make
             a
             good
             judgement
             ,
             and
             then
             send
             that
             to
             the
             Iustices
             before
             whom
             the
             Plea
             did
             depend
             ,
             with
             order
             that
             they
             hastily
             go
             to
             give
             judgement
             accordingly
             .
             And
             if
             the
             Case
             were
             of
             such
             difficulty
             ,
             as
             that
             they
             could
             not
             well
             determin
             it
             ,
             
             they
             were
             then
             to
             bring
             it
             to
             the
             next
             Parlaement
             ,
             where
             a
             Final
             Accord
             was
             to
             be
             taken
             ,
             what
             judgment
             ought
             to
             be
             given
             ,
             which
             was
             to
             be
             sent
             to
             the
             Iudges
             ,
             and
             they
             commanded
             to
             proceed
             without
             delay
             ,
             and
             give
             that
             judgment
             .
             And
             to
             begin
             to
             do
             Remedy
             upon
             this
             Ordinance
             ,
          
           (
           they
           are
           the
           words
           of
           the
           Act
           )
           
             the
             Lords
             are
             named
          
           ,
           viz.
           
             The
             Arch
             Bishop
             of
          
           Canterbury
           ,
           
             the
             Earls
             of
          
           Arundel
           and
           Huntington
           ,
           
             the
             Lord
             de
          
           Wake
           ,
           
             and
             the
             Lord
          
           Ralph
           Basset
           ,
           
             and
             it
             is
             Enacted
             ,
             that
             a
             Commission
             and
             a
             Power
             should
             be
             granted
             to
             them
             to
             endure
             till
             the
             next
             Parliament
             .
          
           For
           this
           was
           but
           for
           the
           Intervals
           of
           Parlament
           ;
           the
           Parliament
           Sitting
           ,
           the
           Complaint
           was
           to
           be
           made
           to
           the
           House
           ,
           and
           the
           House
           to
           give
           the
           Redress
           .
        
         
           Then
           for
           Erroneous
           Judgements
           and
           Decrees
           ,
           whether
           given
           in
           Courts
           of
           Law
           ,
           or
           Courts
           of
           Equity
           ,
           that
           the
           Remedy
           
             en
             dernier
             ressort
          
           ,
           lies
           likewise
           in
           the
           House
           of
           Peers
           ,
           will
           (
           I
           think
           )
           be
           easily
           proved
           .
           Concerning
           the
           Courts
           of
           Law
           it
           is
           not
           at
           all
           Controverted
           ,
           but
           that
           by
           a
           Writ
           of
           Error
           
           all
           such
           Judgements
           in
           Inferiour
           Courts
           ,
           with
           which
           any
           Body
           shall
           find
           himself
           aggrieved
           ,
           may
           be
           removed
           unto
           ,
           and
           Reversed
           in
           that
           House
           ,
           if
           they
           find
           cause
           for
           it
           .
        
         
           It
           is
           true
           ,
           that
           in
           Rastals
           Collection
           of
           Entries
           ,
           
             Tit.
             Error
             en
             le
             Parlament
             ,
             pag.
          
           302.
           there
           is
           this
           Clause
           inserted
           in
           the
           Writ
           there
           entred
           ,
           
             viz.
             Vobis
             mandamus
             quod
             Record
             .
             &
             Process
             ,
          
           &c.
           
             in
             presens
             Parliament
          
           ,
           &c.
           
             mittatis
             &
             hoc
             Breve
             ,
             ut
             inspect
             .
             Recordo
             &
             Processis
             predicto
             Nos
             de
             Consilio
             &
             advisamento
             Dominorum
             Spiritualium
             &
             Temporalium
             ac
             Communitatum
             in
             Parliamento
             nostro
             predict
             .
             existent
             .
             ulterius
             pro
             errore
             illo
             corrigendo
             fieri
             faciamus
             quod
             dejure
             &
             secundum
             Legem
             &
             consuetudinem
             Regni
             nostri
             Angliae
             fuerit
             faciendum
             .
          
           Here
           one
           would
           think
           is
           a
           clear
           Testimony
           ,
           that
           the
           House
           of
           Commons
           are
           Copartners
           with
           the
           Lords
           ,
           in
           Judging
           those
           Writs
           of
           Error
           :
           But
           I
           may
           say
           ,
           there
           is
           an
           Error
           in
           this
           Entry
           ,
           and
           it
           was
           set
           right
           that
           very
           year
           ,
           in
           the
           1.
           of
           H.
           7.
           by
           a
           Meeting
           and
           Consultation
           of
           all
           the
           Judges
           in
           the
           Exchequer
           
           Chamber
           :
           It
           is
           in
           the
           Year-Book
           Pasc.
           1.
           
           H.
           7.
           p.
           19
           ,
           &
           20.
           in
           Flouredews
           Case
           ,
           the
           words
           are
           these
           :
           
             Et
             postea
             per
             avisament
             .
             omnium
             Iusticiariorum
             in
             Camera
             Scaccarii
             existent
             .
             &
             congregat
             .
             pro
             eadem
             materia
             &
             errore
             illo
             corrigendo
             ,
             sic
             intelligendum
             est
             ,
             si
             Parliament
             .
             sit
             apud
             Westm.
             tunc
             oportet
             partem
             habere
             billam
             de
             Rege
             indorsatam
             ,
          
           &c.
           
           
             Et
             quam
             cito
             Billa
             sic
             indorsata
             fuerit
             ,
             &
             Breve
             de
             Errore
             &
             Transcriptum
             pred
             .
             in
             Parliamento
             deliberentur
             ,
             Clericus
             Parliamentorum
             habebit
             custodiam
             inde
             ;
             Et
             per
             Dominos
             tantum
             ,
          
           &
           non
           per
           Communitatem
           
             assignabitur
             Senescallus
             ,
             qui
             cum
             Dominis
             Spiritualibus
             &
             Temporalibus
             per
             concilium
             Justiciariorum
             procedent
             ad
             Errorem
             corrigendum
             .
          
           Here
           is
           a
           
             Negativa
             praegnans
          
           ,
           to
           the
           House
           of
           Commons
           ,
           
             Et
             non
             per
             Communitatem
          
           ,
           as
           if
           it
           was
           not
           enough
           to
           say
           by
           the
           Lords
           alone
           ,
           there
           is
           added
           ,
           That
           it
           must
           not
           be
           by
           the
           Commons
           .
           Nothing
           can
           be
           clearer
           than
           this
           ,
           and
           the
           Practice
           hath
           been
           according
           to
           it
           in
           all
           times
           ,
           both
           preceding
           and
           following
           .
        
         
         
           Some
           question
           hath
           been
           made
           of
           Appeals
           from
           Courts
           of
           Equity
           ,
           whether
           or
           no
           that
           House
           hath
           Cognisance
           of
           them
           ?
           And
           more
           is
           it
           questioned
           ,
           If
           a
           Member
           of
           the
           House
           of
           Commons
           hath
           been
           concerned
           in
           the
           Appeal
           ,
           which
           hath
           now
           this
           last
           Session
           of
           Parliament
           been
           absolutely
           and
           peremptorily
           denied
           ,
           and
           strongly
           opposed
           by
           the
           House
           of
           Commons
           ?
           But
           I
           no
           wayes
           doubt
           of
           making
           it
           appear
           as
           clear
           as
           the
           Noon-day
           ,
           that
           all
           Appeals
           (
           whoever
           is
           concerned
           in
           them
           )
           are
           regularly
           and
           properly
           within
           the
           Cognisance
           and
           the
           Jurisdiction
           of
           the
           House
           of
           Peers
           ,
           and
           so
           have
           ever
           been
           .
        
         
           And
           to
           speak
           truly
           ,
           There
           was
           Antiently
           no
           difference
           in
           the
           way
           of
           complaining
           of
           Erroneous
           Judgements
           given
           in
           Courts
           of
           Law
           ,
           and
           that
           of
           unjust
           Decrees
           made
           in
           a
           Court
           of
           Equity
           .
           Both
           were
           by
           way
           of
           Petition
           from
           the
           Party
           grieved
           ,
           setting
           forth
           the
           Cause
           of
           his
           Complaint
           ,
           and
           shewing
           wherein
           the
           Court
           had
           Erred
           in
           the
           Adjudging
           and
           Determining
           his
           Cause
           
           before
           them
           :
           In
           the
           Rolls
           of
           Parliament
           from
           the
           beginning
           of
           Edward
           the
           Third
           ,
           to
           the
           end
           of
           Edward
           the
           Fourth
           ,
           (
           which
           are
           all
           that
           are
           in
           the
           Tower
           )
           there
           is
           no
           mention
           of
           any
           Complaint
           of
           an
           Erroneous
           Judgement
           brought
           into
           Parliament
           ,
           (
           that
           is
           to
           the
           House
           of
           Peers
           )
           by
           a
           Writ
           of
           Error
           ,
           (
           as
           it
           is
           now
           the
           Practice
           )
           from
           the
           Courts
           of
           Law
           ,
           but
           all
           were
           by
           Petition
           ,
           as
           the
           Appeals
           are
           now
           from
           Decrees
           in
           Equity
           .
           And
           this
           Change
           is
           crept
           in
           of
           late
           Years
           we
           know
           not
           how
           ,
           nor
           exactly
           when
           ,
           but
           certainly
           in
           those
           times
           of
           which
           the
           Parlament
           Journals
           are
           either
           totally
           lost
           ,
           as
           those
           of
           the
           times
           of
           Richard
           the
           3
           d
           ,
           and
           Henry
           the
           7
           th
           and
           between
           the
           7
           th
           and
           the
           25
           th
           of
           Henry
           the
           8
           th
           ,
           or
           else
           made
           so
           Concise
           and
           Imperfect
           ,
           recording
           nothing
           but
           Bills
           and
           their
           several
           Readings
           ,
           and
           some
           Proceedings
           upon
           them
           ,
           and
           very
           little
           ,
           as
           good
           as
           nothing
           of
           any
           private
           Businesses
           ,
           that
           one
           cannot
           have
           a
           certain
           knowledge
           how
           the
           Judicature
           was
           then
           exercised
           in
           the
           House
           of
           Lords
           ,
           as
           appears
           by
           the
           Journals
           
           extant
           of
           H.
           the
           8
           th
           ,
           and
           all
           since
           ,
           even
           till
           the
           18
           th
           of
           King
           James
           ,
           when
           
             Henry
             Elsing
          
           came
           to
           be
           Clerk
           of
           the
           Parliament
           ,
           who
           first
           took
           care
           to
           enter
           duly
           in
           the
           Journal
           Book
           all
           that
           passed
           in
           the
           House
           .
           But
           however
           ,
           this
           Alteration
           ,
           and
           the
           difference
           that
           seemingly
           is
           between
           complaining
           by
           a
           Petition
           of
           Appeal
           ,
           and
           bringing
           of
           a
           Writ
           of
           Error
           ,
           hath
           given
           occasion
           to
           the
           House
           of
           Commons
           to
           Dispute
           the
           Jurisdiction
           of
           the
           House
           of
           Peers
           ,
           in
           case
           of
           Appeals
           ,
           and
           pass
           some
           Vote
           against
           it
           ,
           and
           more
           Declaredly
           and
           Avowedly
           to
           oppose
           the
           Proceedings
           of
           the
           Peers
           upon
           Appeals
           ,
           when
           any
           Member
           of
           their
           House
           hath
           been
           concerned
           .
        
         
           For
           Appeals
           in
           General
           ,
           They
           have
           declared
           that
           the
           House
           of
           Lords
           hath
           no
           Right
           to
           Receive
           and
           Judge
           of
           any
           from
           Courts
           of
           Equity
           ,
           a
           thing
           was
           never
           Questioned
           in
           any
           preceding
           Parliament
           ,
           though
           it
           hath
           been
           ever
           Practised
           .
           And
           there
           is
           the
           same
           Reason
           for
           it
           ,
           if
           not
           more
           ,
           than
           for
           their
           reversing
           Erroneous
           Judgements
           at
           the
           Common
           
           Law.
           For
           in
           the
           Courts
           of
           Common
           Law
           ,
           there
           are
           Four
           Judges
           ,
           and
           they
           will
           not
           easily
           be
           all
           mistaken
           ,
           and
           all
           concur
           in
           giving
           a
           false
           Judgement
           ;
           and
           a
           Suitor
           there
           ,
           is
           more
           like
           to
           receive
           Justice
           ,
           especially
           in
           regard
           they
           have
           a
           strict
           Rule
           to
           go
           by
           ,
           the
           Rule
           of
           the
           Law
           ,
           which
           is
           a
           known
           Rule
           ,
           than
           where
           there
           is
           but
           one
           Judge
           ,
           as
           in
           Chancery
           ,
           and
           who
           hath
           a
           greater
           Latitude
           to
           proceed
           by
           ,
           varying
           from
           the
           exact
           Rule
           of
           Law
           ,
           and
           guiding
           himself
           much
           by
           his
           own
           Discretion
           :
           It
           is
           easie
           for
           such
           a
           Judge
           to
           err
           ,
           though
           perhaps
           not
           willingly
           ,
           and
           hard
           it
           were
           ,
           that
           there
           should
           then
           be
           no
           Remedy
           .
        
         
           But
           it
           will
           be
           said
           ,
           The
           King
           may
           then
           grant
           a
           Commission
           to
           certain
           Persons
           ,
           to
           give
           Relief
           to
           such
           as
           shall
           find
           themselves
           aggrieved
           with
           any
           unjust
           Decree
           ,
           as
           was
           done
           by
           Queen
           Eliz.
           in
           the
           43
           d.
           year
           of
           her
           Reign
           ,
           in
           a
           Case
           of
           the
           Countess
           of
           Southampton
           and
           the
           Earl
           of
           Worcester
           ,
           mentioned
           by
           Serjeant
           Rolls
           ,
           in
           the
           Report
           of
           the
           Case
           of
           Vaudrey
           and
           
             Pannel
             ,
             p.
          
           331.
           where
           he
           saith
           it
           was
           resolved
           by
           all
           the
           Judges
           ,
           
           which
           they
           set
           under
           their
           Hands
           ,
           that
           when
           a
           Decree
           is
           made
           in
           Chancery
           ,
           upon
           Petition
           to
           the
           Queen
           ,
           She
           may
           refer
           it
           to
           the
           Judges
           ,
           (
           but
           not
           to
           any
           other
           but
           to
           them
           )
           to
           Examine
           ,
           and
           Reverse
           the
           Decree
           if
           there
           be
           cause
           ,
           and
           accordingly
           by
           such
           a
           Reference
           that
           Decree
           was
           Reversed
           .
           Sir
           
             Edward
             Cook
          
           ,
           also
           in
           his
           4
           
             th
             Institute
             ,
             c.
          
           8.
           treating
           of
           the
           Court
           of
           Chancery
           ,
           gives
           two
           Presidents
           more
           of
           the
           like
           nature
           ,
           one
           of
           the
           same
           43.
           
           Eliz.
           in
           Sir
           
             Moyle
             Finches
          
           Case
           ,
           he
           Defendant
           ,
           the
           Earl
           of
           Worcester
           ,
           and
           others
           Plaintiffs
           ,
           whereupon
           a
           Petition
           to
           the
           Queen
           ,
           a
           Decree
           in
           Chancery
           was
           referred
           to
           the
           Judges
           ,
           and
           their
           Resolutions
           against
           it
           being
           certified
           into
           the
           Chancery
           ,
           the
           Decree
           was
           Reversed
           :
           The
           other
           President
           is
           three
           Years
           before
           ,
           40.
           
           Eliz.
           in
           
           Throgmorton's
           Case
           ,
           the
           same
           Sir
           
             Moyle
             Finch
          
           ,
           there
           likewise
           Defendant
           ,
           where
           a
           Demurrer
           of
           his
           being
           Over-ruled
           by
           the
           Chancellor
           ,
           upon
           a
           Reference
           to
           the
           Judges
           ,
           it
           was
           by
           them
           otherwise
           resolved
           ,
           and
           their
           Resolution
           being
           by
           the
           Chief
           Justice
           
           Popham
           signified
           to
           the
           Chancellor
           ,
           there
           was
           no
           further
           proceeding
           in
           Chancery
           .
           To
           these
           Presidents
           is
           answered
           ,
           First
           ,
           That
           it
           may
           be
           doubted
           ,
           if
           the
           Opinion
           and
           Proceedings
           of
           the
           Judges
           at
           that
           time
           be
           so
           authentick
           ,
           as
           to
           make
           it
           pass
           for
           Law
           ,
           to
           set
           up
           a
           new
           Court
           of
           Equity
           .
           Sir
           
             Edward
             Cook
          
           ,
           in
           the
           same
           Treatise
           ,
           fol.
           87.
           saith
           in
           Perrots
           Case
           ,
           Mich.
           26
           ,
           and
           27.
           
           Eliz.
           That
           it
           was
           resolved
           by
           Sir
           
             Christopher
             Wray
          
           ,
           Chief
           Justice
           ,
           and
           the
           Court
           of
           Kings
           Bench
           ,
           
             That
             the
             Queen
             could
             not
             raise
             a
             Court
             of
             Equity
             by
             Her
             Letters-Patents
             ,
             and
             that
             there
             could
             be
             no
             Court
             of
             Equity
             but
             either
             by
             Act
             of
             Parliament
             ,
             or
             by
             Prescription
             time
             out
             of
             mind
             :
          
           And
           in
           
             Hobberts
             Reports
             fol.
          
           63.
           in
           the
           Case
           of
           Martin
           and
           Marshal
           ,
           it
           is
           said
           ,
           
             That
             this
             Court
             of
             Equity
             is
             a
             special
             Trust
             committed
             to
             the
             King
             ,
             and
             not
             by
             him
             to
             be
             Committed
             to
             any
             other
             but
             his
             Chancellor
             .
          
           How
           then
           can
           King
           or
           Queen
           Commissionate
           any
           or
           her
           Persons
           to
           be
           Judges
           in
           Equity
           of
           any
           Cause
           ?
           For
           what
           is
           it
           but
           a
           Court
           of
           Equity
           ,
           when
           all
           the
           Judges
           are
           
           Commissionated
           to
           assemble
           themselves
           to
           rehear
           a
           Cause
           ,
           formerly
           Decreed
           in
           Chancery
           ,
           which
           they
           do
           Judge
           a-new
           ,
           and
           Determin
           it
           upon
           hearing
           Counsel
           of
           both
           sides
           ,
           for
           or
           against
           the
           Decree
           ,
           
             Secundum
             aequum
             &
             bonum
          
           ,
           according
           to
           the
           Course
           of
           Equity
           ,
           and
           not
           by
           the
           strict
           Rule
           of
           Law.
           This
           is
           certainly
           at
           least
           a
           Temporary
           Court
           of
           Equity
           :
           It
           is
           true
           ,
           that
           for
           Erroneous
           Judgements
           in
           the
           Kings
           Bench
           or
           in
           the
           Exchequer
           ,
           a
           Writ
           of
           Error
           lies
           to
           bring
           them
           before
           the
           Judges
           in
           the
           Exchequer
           Chamber
           ,
           but
           it
           is
           by
           Act
           of
           Parliament
           :
           Several
           Acts
           have
           been
           made
           to
           give
           that
           Relief
           .
           First
           ,
           The
           31.
           
           E.
           3
           c.
           12.
           which
           gives
           Power
           to
           the
           Chancellor
           and
           Treasurer
           to
           call
           the
           Judges
           to
           assist
           them
           ,
           to
           examine
           Errors
           in
           the
           Exchequer
           .
           Then
           the
           27.
           
           
             Eliz.
             c.
          
           8.
           which
           makes
           Judgements
           in
           the
           Kings
           Bench
           examinable
           by
           all
           the
           Judges
           of
           the
           other
           Courts
           in
           the
           Exchequer
           Chamber
           .
           And
           the
           31.
           
           
             Eliz.
             c.
          
           1.
           which
           gives
           some
           further
           Regulation
           in
           the
           proceedings
           upon
           Judgements
           given
           in
           each
           of
           those
           
           Courts
           ,
           as
           well
           the
           Exchequer
           as
           the
           Kings
           Bench
           :
           And
           that
           of
           the
           27
           th
           of
           the
           Queen
           gives
           the
           Reason
           in
           the
           Preamble
           ,
           why
           those
           Laws
           were
           made
           ,
           because
           before
           that
           time
           ,
           Erroneous
           Judgements
           given
           in
           the
           Kings
           Bench
           could
           only
           be
           Reformed
           in
           the
           High
           Court
           of
           Parliament
           ,
           and
           the
           Parliament
           did
           not
           so
           often
           sit
           in
           those
           days
           as
           formerly
           :
           But
           there
           is
           no
           Act
           of
           Parliament
           ,
           nor
           no
           Law
           ,
           which
           gives
           Power
           to
           the
           King
           to
           enable
           either
           the
           Judges
           ,
           or
           any
           Body
           else
           out
           of
           Parliament
           ,
           to
           examine
           a
           Decree
           made
           in
           Chancery
           ,
           though
           it
           be
           never
           so
           Unjust
           and
           Erroneous
           ;
           therefore
           it
           may
           well
           be
           doubted
           ,
           if
           such
           a
           Commission
           were
           according
           to
           Law
           ,
           notwithstanding
           the
           Resolution
           of
           the
           Judges
           at
           that
           time
           .
        
         
           But
           admit
           such
           a
           Commission
           were
           Legal
           ,
           and
           that
           the
           King
           had
           Power
           to
           Appoint
           and
           Authorise
           Persons
           to
           receive
           and
           judge
           of
           Appeals
           from
           the
           Chancery
           ,
           as
           he
           doth
           Delegates
           for
           Appeals
           from
           Ecclesiastical
           Courts
           ,
           (
           which
           Power
           is
           given
           him
           by
           Act
           of
           
           Parliament
           ,
           25.
           
           H.
           8.
           c.
           19.
           )
           yet
           that
           would
           not
           conclude
           the
           House
           of
           Peers
           ,
           but
           that
           they
           might
           receive
           an
           Appeal
           even
           from
           the
           Sentence
           of
           those
           Commissioners
           ,
           seeing
           it
           is
           the
           Kings
           Supream
           Court
           of
           Judicature
           ,
           and
           where
           Henry
           the
           8
           th
           said
           ,
           upon
           occasion
           of
           what
           happened
           in
           Parlament
           in
           the
           Case
           of
           Ferrars
           ,
           that
           he
           was
           Informed
           by
           his
           Judges
           that
           he
           stood
           Highest
           in
           his
           Royal
           Estate
           .
           Therefore
           even
           those
           Acts
           of
           Parliament
           ,
           that
           Erect
           a
           Judicature
           of
           all
           the
           Judges
           in
           the
           Exchequer
           Chamber
           ,
           to
           examine
           and
           reverse
           Erroneous
           Judgements
           given
           in
           the
           Kings
           Bench
           ,
           and
           in
           the
           Exchequer
           ,
           do
           not
           exclude
           an
           Appeal
           ,
           even
           from
           thence
           ,
           to
           the
           Parliament
           :
           The
           words
           of
           the
           Statute
           of
           27.
           
           Eliz.
           are
           these
           :
           
             And
             be
             it
             further
             Enacted
             ,
             that
             such
             Reversal
             or
             Affirmation
             of
             any
             such
             former
             Judgement
             shall
             not
             be
             so
             Final
             ,
             but
             that
             the
             Party
             ,
             who
             findeth
             him
             grieved
             therewith
             ,
             shall
             and
             may
             Sue
             in
             the
             High
             Court
             of
             Parliament
             ,
             for
             the
             further
             and
             due
             Examination
             of
             the
             said
             Judgement
             ,
             in
             such
             sort
             as
             is
             now
             used
             
             upon
             Erroneous
             Judgements
             in
             the
             Kings
             Bench.
             
          
        
         
           And
           it
           doth
           naturally
           and
           necessarily
           follow
           ,
           that
           it
           must
           be
           so
           ,
           if
           the
           House
           of
           Peers
           be
           the
           Supream
           Court
           of
           Judicature
           .
           That
           the
           High
           Court
           of
           Parliament
           is
           so
           ,
           no
           Man
           will
           deny
           .
           It
           rests
           only
           to
           make
           out
           ,
           that
           by
           the
           High
           Court
           of
           Parliament
           in
           matter
           of
           Judicature
           is
           intended
           the
           House
           of
           Peers
           ,
           where
           such
           Jurisdiction
           is
           solely
           Lodged
           .
           And
           that
           it
           is
           so
           ,
           it
           will
           be
           proved
           by
           good
           Authorities
           ,
           and
           by
           right
           Reason
           .
           The
           Authorities
           are
           taken
           out
           of
           the
           Parlament
           Rolls
           ,
           which
           declare
           it
           throughout
           from
           the
           beginning
           to
           the
           end
           ,
           both
           in
           the
           ancient
           Records
           ,
           and
           in
           the
           Modern
           Journal
           Books
           ;
           They
           all
           speak
           the
           House
           of
           Peers
           ,
           that
           is
           King
           and
           Lords
           ,
           to
           be
           the
           sole
           Judges
           both
           of
           Persons
           and
           Things
           ,
           Criminal
           and
           Civil
           ,
           and
           the
           House
           of
           Commons
           to
           have
           no
           part
           in
           it
           at
           all
           .
           The
           first
           Parlament
           Roll
           extant
           is
           4.
           
           E.
           3.
           and
           it
           begins
           with
           a
           Judgement
           given
           by
           the
           Peers
           upon
           
             Roger
             de
             Mortimer
             E.
          
           of
           
             March
             ,
             Per
             
             qoi
             les
             ditz
             .
             Countes
             Barouns
             &
             Piers
             ,
          
           come
           Juges
           du
           Parlement
           ,
           
             per
             assent
             du
             Roi
             en
             mesme
             le
             Parlement
             agarderent
             &
             aiugerent
             que
             le
             dit
          
           Roger
           
             come
             treitor
             &
             enemy
             du
             Roi
             &
             du
             Roialme
             feust
             treyne
             &
             pendu
             .
          
           The
           Earls
           Barons
           and
           Peers
           as
           Judges
           of
           Parlament
           ,
           &c.
           they
           are
           Characterised
           
             Judges
             of
             Parlament
          
           as
           a
           thing
           known
           and
           notorious
           to
           all
           Men.
           They
           at
           the
           same
           time
           exercised
           their
           Judicature
           upon
           Sir
           
             Simon
             de
             Bereford
             ,
             John
             Mautrauers
             ,
             Bogo
             de
             Bayons
             ,
             John
             Deueroil
             ,
             Thomas
             de
             Gurney
             ,
          
           and
           
             William
             de
             Ode
          
           ,
           who
           were
           Commoners
           and
           no
           Peers
           ,
           those
           were
           all
           Condemned
           ,
           but
           only
           Sir
           
             Simon
             de
             Bereford
          
           Executed
           ,
           for
           the
           others
           were
           not
           taken
           ,
           and
           none
           of
           them
           all
           ,
           neither
           the
           Earl
           of
           March
           ,
           nor
           Bereford
           ,
           called
           to
           Answer
           ;
           but
           the
           Lords
           were
           forced
           to
           Condemne
           them
           by
           the
           earnest
           pressing
           of
           the
           King
           ,
           which
           so
           troubled
           their
           Consciences
           ,
           that
           they
           presently
           came
           to
           an
           Agreement
           with
           the
           King
           ,
           not
           to
           be
           hereafter
           compelled
           to
           give
           Judgment
           upon
           any
           but
           their
           Peers
           ;
           which
           is
           that
           of
           
           4.
           
           E.
           3.
           n.
           6.
           which
           is
           hinted
           in
           a
           Paper
           ,
           said
           to
           be
           ,
           
             Reasons
             prepared
             by
             the
             House
             of
             Commons
             for
             a
             Conference
             with
             the
             Lords
             ,
             and
             to
             be
             Read
             to
             their
             Lordships
             ,
          
           as
           a
           Matter
           of
           huge
           Importance
           to
           disprove
           the
           Power
           of
           the
           House
           of
           Peers
           of
           judging
           Commoners
           ,
           when
           it
           was
           only
           an
           Agreement
           ,
           as
           it
           were
           a
           Bargain
           ,
           made
           with
           the
           King
           ,
           that
           he
           should
           not
           force
           them
           to
           Judge
           any
           but
           their
           Peers
           ,
           (
           For
           that
           was
           a
           thing
           they
           were
           tied
           unto
           by
           Law
           ,
           and
           they
           could
           not
           avoid
           it
           )
           
             Ne
             soient
             mes
             tenuz
             ne
             chargez
             a
             rendre
             juggementz
             sur
             autres
             ,
          
           are
           the
           words
           of
           the
           Record
           ;
           I
           see
           not
           what
           great
           Matter
           can
           be
           built
           upon
           this
           President
           to
           dispossess
           them
           of
           their
           Judicature
           ;
           It
           was
           a
           voluntary
           Act
           of
           the
           Lords
           at
           that
           time
           ,
           even
           an
           effect
           of
           their
           Indignation
           against
           themselves
           ,
           for
           having
           yielded
           to
           doe
           an
           unjust
           thing
           ,
           at
           the
           pressing
           Importunity
           of
           the
           King
           ,
           to
           Condemne
           Men
           unheard
           ,
           and
           not
           called
           to
           Answer
           for
           themselves
           ,
           as
           the
           Lords
           themselves
           confessed
           ,
           28.
           
           E.
           3.
           when
           an
           Act
           of
           Parlament
           passed
           to
           reverse
           this
           Judgement
           :
           
           But
           that
           they
           did
           afterwards
           commonly
           judge
           Commoners
           in
           Criminal
           Causes
           is
           very
           apparent
           .
           That
           very
           Parlament
           ,
           notwithstanding
           that
           Agreement
           made
           ,
           Sir
           
             Thomas
             Berkley
          
           was
           tried
           before
           them
           by
           a
           Jury
           ,
           for
           the
           death
           of
           Edward
           the
           2
           d
           ,
           and
           acquitted
           .
           The
           House
           of
           Commons
           themselves
           ,
           1.
           
           R.
           2.
           n.
           30.
           come
           and
           desire
           the
           Lords
           to
           exercise
           this
           Judicature
           upon
           such
           as
           had
           betraied
           Forts
           and
           Towns
           into
           the
           hands
           of
           Enemies
           ,
           the
           words
           are
           ,
           
             Supplie
             est
             per
             les
             Coēs
             que
             touz
             ceux
             qont
             renduz
             &
             perduz
             Chastelz
             on
             Villes
             per
             de
             la
             per
             verray
             desauce
             de
             Capitaine
             puissent
             estre
             a
             response
             a
             ceste
             Parlement
             &
             solonc
             lour
             desert
             forsement
             puniz
             per
             agard
             des
             Srs.
             &
             Baronage
          
           ;
           &c.
           
           That
           they
           may
           by
           the
           Judgement
           of
           the
           Lords
           and
           the
           Baronage
           ,
           be
           severely
           Punished
           according
           to
           their
           deserts
           :
           The
           Lords
           accordingly
           cause
           to
           be
           brought
           before
           them
           
             William
             de
             Weston
          
           ,
           for
           Surrendring
           the
           Castle
           of
           Outhrewick
           ,
           and
           
             John
             de
             Gomeniz
          
           for
           Surrendring
           the
           Town
           and
           Castle
           of
           Arde
           ,
           and
           Adjudged
           them
           
           to
           Death
           .
           The
           same
           Parlament
           
             Alice
             Perrers
          
           ,
           who
           had
           been
           in
           high
           favour
           with
           Edward
           the
           3
           d.
           was
           questioned
           
             Devant
             les
             Prelats
             &
             Seigneurs
          
           ,
           before
           the
           Lords
           Spiritual
           and
           Temporal
           ,
           for
           Maintenance
           and
           medling
           with
           Businesses
           contrary
           to
           an
           Ordinance
           made
           50.
           
           E.
           3.
           n.
           36.
           for
           which
           they
           adjudge
           her
           to
           be
           Banished
           ,
           and
           to
           forfeit
           her
           whole
           Estate
           .
           Sir
           
             Ralph
             de
             Ferrers
          
           ,
           4.
           
           R.
           2.
           was
           brought
           before
           the
           Lords
           by
           the
           Duke
           of
           Lancaster
           ,
           who
           had
           Arrested
           him
           on
           the
           Marches
           of
           Scotland
           upon
           suspicion
           of
           High
           Treason
           ,
           for
           holding
           Correspondence
           with
           and
           Adhering
           to
           the
           French
           ,
           the
           Kings
           Enemies
           ,
           by
           reason
           of
           a
           Packet
           of
           Letters
           taken
           up
           by
           a
           Beggar
           in
           a
           Field
           near
           London
           ,
           some
           from
           him
           to
           the
           King
           of
           France
           and
           to
           some
           French
           Lords
           ,
           and
           some
           from
           them
           to
           him
           ,
           which
           the
           Beggar
           carried
           to
           the
           Lord
           Major
           ,
           and
           the
           Lord
           Major
           to
           the
           Kings
           Councel
           :
           These
           Letters
           were
           produced
           in
           Parlament
           against
           him
           ,
           and
           by
           him
           denied
           .
           Being
           put
           to
           his
           Trial
           ,
           he
           desired
           Counsel
           ,
           which
           was
           denied
           ▪
           
           then
           the
           Business
           coming
           to
           hearing
           ,
           
             I
             l
             semblast
             as
             Srs.
             du
             Parlement
             que
             le
             dit
             Mr.
          
           Rauf
           estoit
           innocent
           ,
           the
           Lords
           declared
           him
           Innocent
           ,
           and
           committed
           the
           Beggar
           to
           Prison
           .
           The
           7.
           
           R.
           2.
           n.
           17.
           
           
             Peter
             de
             Cressingham
          
           ,
           and
           
             John
             de
             Spikesworth
          
           ,
           were
           Tried
           for
           Surrendring
           the
           Castle
           of
           Drinkham
           in
           
             Flanders
             ,
             Spikesworth
          
           was
           acquitted
           ,
           and
           Cressingham
           committed
           to
           Prison
           :
           The
           same
           Parlament
           ,
           Sir
           
             William
             Elmham
          
           ,
           Sir
           
             Thomas
             Tryuet
          
           ,
           Sir
           
             Henry
             de
             Ferriers
          
           ,
           Sir
           
             William
             de
             Farnedon
          
           ,
           and
           
             Robert
             Fitz-Ralph
          
           ,
           for
           receiving
           Moneys
           of
           the
           French
           ,
           who
           were
           the
           Kings
           Enemies
           ,
           and
           delivering
           up
           Forts
           into
           their
           hands
           ,
           were
           adjudged
           to
           Prison
           ,
           and
           to
           a
           Fine
           and
           Ransome
           at
           the
           Kings
           will
           ;
           Sir
           
             William
             de
             Farndon
          
           ,
           to
           be
           at
           the
           Kings
           mercy
           Body
           and
           Goods
           ,
           so
           as
           the
           King
           might
           take
           his
           Life
           if
           he
           pleased
           .
        
         
           15.
           
           R.
           2.
           n.
           16.
           
           The
           Serjeant
           at
           Arms
           
             John
             de
             Ellingham
          
           ,
           is
           sent
           by
           the
           Lords
           to
           fetch
           up
           some
           Persons
           ,
           that
           had
           committed
           a
           Ryot
           in
           the
           Church
           of
           Whitewyk
           ,
           in
           Lecestershire
           :
           He
           brought
           up
           the
           two
           chief
           Actors
           in
           
           it
           ,
           
             Henry
             Tebb
             de
             Threnguston
          
           ,
           and
           
             Robert
             Grenlowe
          
           ,
           whom
           the
           Lords
           committed
           to
           the
           Fleet
           ,
           there
           to
           remain
           during
           the
           Kings
           pleasure
           ,
           and
           where
           they
           did
           remain
           ,
           till
           they
           paid
           a
           Fine
           to
           the
           King
           ,
           and
           made
           Agreement
           with
           the
           Prior
           of
           Holland
           in
           Lancashire
           ,
           (
           whose
           the
           Church
           was
           ,
           and
           whom
           they
           had
           in
           the
           Church
           abused
           )
           and
           given
           Bond
           for
           their
           good
           Behaivour
           .
        
         
           15.
           
           R.
           2.
           n.
           17.
           
           The
           Abbot
           of
           Saint
           Osithe
           sets
           forth
           in
           his
           Petition
           ,
           how
           the
           Parlament
           before
           upon
           his
           Complaint
           ,
           their
           Lordships
           had
           sent
           
             John
             Rokell
          
           to
           the
           Tower
           for
           Embracery
           and
           Maintenance
           against
           him
           ,
           that
           the
           Duke
           of
           Guien
           and
           Lancaster
           ,
           had
           after
           that
           made
           an
           Award
           between
           them
           ,
           and
           that
           Rokell
           did
           now
           refuse
           to
           stand
           to
           that
           Award
           .
           The
           Lords
           send
           for
           Rokell
           ,
           the
           Duke
           testifies
           the
           Award
           ,
           the
           Lords
           charge
           the
           Chancellor
           to
           see
           that
           Rokell
           perform
           it
           .
           That
           same
           Parlament
           ,
           Sir
           
             William
             Brian
          
           for
           purchasing
           a
           Bull
           from
           the
           Pope
           directed
           to
           the
           Arch-Bishops
           of
           Canterbury
           and
           York
           ,
           and
           the
           Bishop
           of
           London
           ,
           to
           make
           Inquiry
           after
           some
           Persons
           ,
           who
           
           had
           broken
           into
           his
           House
           at
           London
           ,
           and
           had
           taken
           out
           several
           Writings
           ,
           and
           other
           things
           ,
           and
           to
           Excommunicate
           them
           .
           This
           was
           Adjudged
           by
           the
           Lords
           to
           be
           Prejudicial
           to
           the
           King
           and
           his
           Crown
           ,
           in
           Derogation
           to
           the
           Law
           of
           the
           Land
           ,
           a
           great
           Contempt
           to
           the
           King
           ,
           and
           they
           committed
           him
           to
           the
           Tower.
           1.
           
           H.
           4.
           
           The
           Lords
           condemn
           
             John
             Hall
          
           ,
           Servant
           to
           the
           Duke
           of
           Norfolk
           ,
           to
           be
           hanged
           drawn
           and
           quartered
           ,
           and
           his
           Head
           to
           be
           sent
           and
           set
           up
           at
           Calez
           ,
           for
           Murdering
           there
           the
           Duke
           of
           Glocester
           .
        
         
           2.
           
           H.
           4.
           n.
           2.
           
           They
           send
           Sir
           
             Philip
             Courtney
          
           to
           the
           Tower
           ,
           and
           bind
           him
           to
           the
           good
           Behaviour
           ,
           for
           making
           a
           forcible
           entry
           upon
           Lands
           of
           Sir
           
             Thomas
             Pomery
          
           ,
           and
           for
           Imprisoning
           by
           force
           the
           Abbot
           of
           Newenham
           in
           Devonshire
           ,
           and
           two
           of
           his
           Monks
           .
        
         
           11.
           
           H.
           4.
           n.
           36
           ,
           37.
           
           Several
           Rioters
           are
           complained
           of
           ,
           and
           order
           given
           upon
           it
           for
           Writs
           to
           the
           Sheriffs
           ,
           to
           apprehend
           their
           Persons
           ,
           and
           seise
           upon
           their
           Estates
           ,
           and
           they
           to
           answer
           for
           their
           Misdemeanors
           before
           the
           Justices
           of
           the
           Kings
           Bench
           ,
           to
           whom
           Authority
           
           is
           given
           to
           end
           those
           Businesses
           .
           All
           these
           were
           Commoners
           ,
           yet
           they
           with
           many
           others
           ,
           who
           upon
           perusing
           the
           Journals
           will
           be
           easily
           found
           ,
           were
           Adjudged
           by
           the
           House
           of
           Peers
           ,
           some
           to
           Death
           ,
           some
           to
           Prison
           ,
           and
           some
           to
           other
           Punishments
           ,
           as
           Fine
           ,
           and
           Good-behaivour
           ,
           and
           some
           ordered
           to
           be
           proceeded
           against
           in
           the
           Courts
           below
           ,
           and
           power
           given
           to
           those
           Courts
           to
           do
           it
           ,
           which
           is
           all
           one
           ,
           as
           if
           they
           Punished
           them
           themselves
           :
           And
           all
           this
           ,
           notwithstanding
           that
           Agreement
           made
           in
           the
           4
           th
           year
           of
           E.
           the
           3
           d.
           which
           shews
           ,
           that
           their
           Intention
           then
           was
           only
           ,
           that
           they
           should
           not
           be
           put
           upon
           it
           by
           the
           King
           ,
           but
           not
           to
           put
           it
           out
           of
           their
           own
           Power
           .
        
         
           And
           one
           thing
           I
           must
           observe
           by
           the
           way
           ,
           that
           though
           the
           Judgements
           be
           commonly
           given
           in
           the
           Kings
           Name
           ,
           yet
           it
           is
           the
           Act
           of
           the
           House
           ,
           where
           the
           King
           is
           always
           virtually
           present
           ,
           when
           they
           act
           Judicially
           ;
           not
           so
           ,
           when
           they
           act
           in
           their
           Legislative
           capacity
           .
           Therefore
           sometimes
           when
           the
           King
           had
           taken
           upon
           him
           to
           pronounce
           a
           Judgement
           of
           himself
           (
           or
           rather
           something
           
           like
           a
           Judgement
           )
           the
           Lords
           have
           protested
           against
           it
           ,
           as
           28.
           
           H.
           6.
           n.
           50.52
           .
           The
           Duke
           of
           Suffolk
           was
           Impeached
           for
           many
           Treasonable
           Matters
           :
           And
           not
           putting
           himself
           upon
           his
           Peerage
           ,
           but
           referring
           himself
           to
           the
           King
           ,
           and
           to
           his
           Order
           ;
           the
           King
           then
           by
           the
           Mouth
           of
           the
           Chancellor
           declared
           unto
           him
           ,
           that
           he
           should
           be
           Banished
           for
           Five
           years
           ;
           and
           this
           (
           as
           the
           words
           of
           the
           Record
           are
           )
           
             by
             force
             of
             his
             Submission
             ,
             and
             by
             the
             Kings
             own
             Advice
             ,
             and
             not
             Reporting
             him
             to
             the
             Advice
             of
             his
             Lords
             nor
             by
             way
             of
             Judgement
             ;
             for
             the
             King
          
           (
           he
           said
           )
           
             was
             not
             in
             place
             of
             Iudgement
             .
          
           And
           though
           this
           was
           but
           done
           in
           such
           a
           manner
           ,
           the
           King
           even
           excusing
           it
           ,
           that
           it
           was
           not
           by
           way
           of
           Judgement
           ,
           yet
           because
           it
           looked
           like
           one
           ,
           the
           Viscount
           Beaumont
           on
           the
           behalf
           of
           the
           Lords
           ,
           
             and
             by
             their
             advice
             assent
             and
             desire
             ,
          
           protested
           against
           it
           ,
           prayed
           it
           might
           be
           entered
           in
           the
           Parlament
           Roll
           that
           they
           did
           so
           ,
           and
           that
           it
           might
           not
           turn
           to
           the
           Prejudice
           and
           Derogation
           of
           them
           and
           their
           Heirs
           ,
           in
           the
           Liberty
           and
           Freedom
           of
           
           their
           Peerage
           :
           So
           jealous
           were
           they
           then
           of
           their
           Priviledge
           of
           Judicature
           ,
           that
           they
           would
           not
           suffer
           any
           thing
           to
           Pass
           ,
           not
           from
           the
           King
           himself
           ,
           that
           did
           but
           looke
           like
           a
           Violation
           of
           it
           :
           But
           their
           Predecessors
           went
           further
           than
           this
           in
           Henry
           the
           Fourths
           time
           ,
           for
           here
           they
           suffered
           the
           King
           to
           have
           his
           Desire
           only
           with
           a
           Salvo
           to
           themselves
           ,
           but
           5.
           
           H.
           4.
           n.
           12.
           they
           absolutely
           opposed
           the
           King
           in
           what
           he
           would
           have
           done
           ,
           and
           would
           do
           it
           themselves
           in
           another
           way
           :
           For
           the
           Earle
           of
           Northumberland
           coming
           into
           Parlament
           before
           the
           King
           and
           Lords
           ,
           and
           by
           his
           Petition
           acknowledging
           his
           Offence
           ,
           that
           he
           had
           done
           contrary
           to
           his
           Allegience
           in
           raising
           Men
           ,
           and
           giving
           of
           Liveries
           ,
           and
           therefore
           begging
           Pardon
           ,
           and
           the
           rather
           for
           that
           upon
           the
           Kings
           Letters
           ,
           he
           had
           yielded
           himself
           and
           come
           to
           the
           King
           at
           York
           ;
           the
           King
           having
           thereupon
           delivered
           this
           Petition
           to
           the
           Justices
           to
           have
           them
           consider
           of
           it
           ,
           the
           Lords
           protested
           against
           it
           ,
           said
           ,
           
             the
             ordering
             of
             it
             belonged
             to
             them
             :
             And
             that
             therefore
             
             as
             Peers
             of
             Parlament
             ,
             to
             whom
             such
             Iudgement
             belonged
             ,
          
           they
           would
           take
           the
           Business
           into
           Consideration
           themselves
           ,
           and
           then
           examining
           the
           Statutes
           ,
           that
           of
           25.
           
           E.
           3.
           of
           Treason
           ,
           and
           of
           the
           second
           of
           the
           then
           King
           H.
           4.
           against
           Liveries
           ;
           upon
           well
           weighing
           them
           they
           adjudged
           the
           Earle
           of
           Northumberlands
           Fact
           to
           be
           no
           Treason
           ,
           but
           only
           a
           Trespass
           fineable
           to
           the
           King
           :
           Whereupon
           the
           King
           pardoned
           him
           ,
           and
           received
           him
           into
           Favour
           .
        
         
           And
           the
           Lords
           were
           not
           more
           careful
           to
           assert
           and
           maintain
           this
           Jurisdiction
           of
           theirs
           ,
           than
           all
           English-Men
           were
           to
           acknowledge
           it
           ,
           the
           Judges
           both
           in
           and
           out
           of
           Parlament
           have
           ever
           had
           a
           Deference
           to
           it
           ;
           In
           the
           Year-Book
           of
           40
           E.
           3.
           
           
             Termino
             Michaelis
             ,
             pag.
          
           39.
           
           An
           Action
           being
           brought
           upon
           the
           Writ
           
             de
             Rationabili
             parte
             bonorum
          
           ,
           and
           some
           difference
           being
           of
           Opinions
           ,
           if
           the
           Action
           was
           good
           ,
           that
           learned
           Judge
           Moubray
           delivered
           his
           ,
           
             Qe
             les
             Seignours
             en
             Parlement
             ne
             graunteront
             my
             que
             cest
             accion
             est
             maintenable
             per
             
             ascun
             comune
             custome
             ou
             ley
             de
             ce
             Realme
             .
          
           The
           Lords
           in
           Parlament
           will
           not
           yield
           this
           Action
           to
           be
           maintainable
           ,
           he
           meant
           ,
           they
           had
           Judged
           it
           otherwise
           :
           And
           to
           that
           Judgement
           of
           the
           Lords
           ,
           Sir
           
             Edward
             Cook
          
           ,
           hath
           Reference
           in
           his
           Comment
           upon
           
             Littleton
             ,
             Sect.
          
           267.
           where
           he
           saith
           ,
           that
           it
           hath
           been
           resolved
           in
           Parlament
           ,
           that
           a
           Custome
           must
           be
           alledged
           in
           some
           County
           ,
           &c.
           to
           enable
           the
           Wife
           and
           Children
           to
           the
           Writ
           
             de
             Rationabili
             parte
             bonorum
          
           .
           It
           would
           be
           but
           Labour
           lost
           ,
           to
           heap
           up
           more
           Proofs
           ,
           and
           more
           Presidents
           for
           the
           asserting
           and
           maintaining
           of
           the
           Judicature
           of
           the
           House
           of
           Peers
           ;
           Yet
           I
           shall
           add
           one
           more
           ,
           which
           is
           in
           truth
           
             Instar
             omnium
          
           ,
           for
           it
           is
           a
           Law
           having
           the
           Concurrence
           of
           King
           ,
           Lords
           ,
           and
           Commons
           ,
           not
           a
           Constituting-Law
           ,
           but
           a
           Declaratory-Law
           ,
           (
           which
           is
           the
           strongest
           asserting
           and
           confirmation
           of
           any
           Law
           or
           Custome
           already
           established
           ,
           that
           can
           be
           )
           .
           It
           is
           that
           of
           the
           1.
           
           H.
           4
           ,
           n.
           79.
           the
           Record
           saith
           ,
           That
           the
           Commons
           come
           and
           shew
           to
           the
           King
           ,
           
             That
             as
             Iudgements
             in
             Parlament
             
             belong
             only
             to
             the
             King
             and
             Lords
             ,
             and
             not
             to
             the
             Commons
             ,
             except
             in
             case
             it
             please
             the
             King
             out
             of
             his
             special
             Grace
             to
             acquaint
             them
             with
             those
             Iudgements
             in
             favour
             to
             them
             ;
             so
             that
             no
             Entry
             ought
             to
             be
             made
             Prejudicial
             to
             them
             ,
             to
             make
             them
             Parties
             now
             or
             hereafter
             ,
             to
             any
             Judgements
             given
             or
             hereafter
             to
             be
             given
             in
             Parlament
             :
             To
             which
             the
             Arch-Bishop
             of
          
           Canterbury
           
             answered
             by
             the
             Kings
             Command
             ,
             that
             the
             Commons
             are
             but
             even
             Petitioners
             and
             Suitors
             ,
             and
             that
             the
             King
             and
             Lords
             have
             ever
             had
             and
             ever
             shall
             have
             Right
             to
             the
             Judicature
             of
             Parlament
             ,
             as
             the
             Commons
             do
             themselves
             set
             forth
             ;
             saving
             that
             the
             King
             will
             have
             their
             Advice
             and
             Assent
             in
             making
             of
             Laws
             and
             granting
             of
             Subsidies
             ,
             and
             doing
             such
             things
             for
             the
             Publick
             Good
             :
             This
             Order
             to
             be
             observed
             and
             kept
             in
             all
             times
             to
             come
             .
          
           Here
           is
           a
           cleare
           Renunciation
           of
           all
           Pretence
           to
           Judicature
           by
           the
           Commons
           themselves
           ,
           and
           a
           full
           Declaration
           and
           Acknowledgement
           of
           it
           to
           be
           only
           in
           the
           King
           and
           Lords
           ,
           that
           it
           hath
           been
           ever
           so
           for
           the
           time
           past
           ,
           and
           must
           be
           so
           
           for
           ever
           in
           time
           to
           come
           :
           And
           this
           declared
           by
           King
           ,
           Lords
           and
           Commons
           ,
           as
           a
           thing
           Notorious
           ,
           known
           to
           all
           Men
           ,
           and
           not
           disputed
           or
           doubted
           of
           by
           any
           .
           What
           can
           be
           said
           against
           this
           ?
           Yes
           ,
           that
           Paper
           which
           goes
           about
           from
           Hand
           to
           Hand
           ,
           that
           I
           mentioned
           before
           ,
           of
           
             Reasons
             prepared
             for
             a
             Conference
          
           ,
           saith
           ,
           that
           this
           Record
           was
           made
           upon
           occasion
           of
           Judgements
           given
           by
           the
           Lords
           ,
           to
           Depose
           and
           Imprison
           their
           Lawful
           King
           ,
           to
           which
           the
           Commons
           were
           unwilling
           to
           be
           made
           Parties
           :
           Admit
           it
           were
           so
           ,
           yet
           no
           Man
           would
           think
           that
           the
           House
           of
           Commons
           would
           ,
           to
           avoid
           that
           present
           Inconvenience
           ,
           divest
           themselves
           to
           all
           intents
           and
           purposes
           of
           so
           great
           a
           Priviledge
           ,
           if
           in
           other
           things
           and
           before
           that
           time
           they
           had
           ever
           had
           right
           to
           such
           a
           Priviledge
           ;
           nay
           more
           ,
           that
           they
           would
           say
           against
           themselves
           a
           thing
           in
           it self
           untrue
           ,
           if
           it
           were
           untrue
           ,
           as
           in
           truth
           it
           is
           not
           ,
           but
           is
           most
           true
           ,
           
             viz.
             That
             Judgements
             in
             Parlament
             belong
             only
             to
             the
             King
             and
             Lords
             ,
             and
             not
             to
             the
             Commons
             .
          
           This
           is
           not
           
           to
           be
           believed
           ,
           being
           against
           the
           general
           Practice
           of
           all
           Judges
           of
           Courts
           ,
           that
           will
           
             Ampliare
             Jurisdictionem
          
           ,
           rather
           than
           deliver
           it
           up
           or
           diminish
           it
           ,
           and
           very
           contrary
           to
           their
           Practice
           in
           particular
           ,
           who
           have
           been
           far
           from
           suffering
           any
           of
           their
           Power
           of
           Judgeing
           and
           Imprisoning
           any
           Body
           ,
           to
           grow
           less
           and
           weaker
           since
           the
           34.
           of
           H.
           8.
           in
           Ferrers
           Case
           ,
           which
           is
           the
           first
           time
           that
           ever
           they
           Judged
           or
           Imprisoned
           any
           Body
           ,
           even
           of
           their
           own
           Members
           ,
           much
           less
           any
           other
           Body
           for
           what
           Offence
           soever
           ,
           though
           never
           so
           much
           in
           Violation
           of
           their
           Priviledges
           :
           And
           that
           was
           when
           Ferrers
           a
           Member
           of
           their
           House
           sitting
           the
           Parlament
           ,
           was
           Arrested
           and
           Imprisoned
           in
           the
           Counter
           ,
           and
           their
           Serjeant
           sent
           by
           them
           ,
           only
           to
           demand
           their
           Member
           to
           come
           and
           attend
           the
           House
           ,
           (
           not
           to
           bring
           those
           who
           had
           Arrested
           him
           as
           Delinquents
           to
           their
           Bar
           ,
           or
           any
           wayes
           to
           Punish
           them
           )
           yet
           he
           was
           Beaten
           ,
           his
           Mace
           broken
           ,
           glad
           to
           return
           himself
           ,
           and
           leave
           the
           Member
           behind
           .
           Then
           could
           they
           with
           their
           
           Speaker
           come
           up
           the
           whole
           House
           to
           the
           Lords
           Bar
           to
           complain
           ,
           and
           pray
           them
           to
           do
           them
           Justice
           :
           And
           the
           Lords
           upon
           hearing
           this
           Complaint
           ,
           judged
           the
           Contempt
           to
           be
           very
           great
           ,
           and
           referred
           the
           Punishment
           to
           them
           ,
           being
           themselves
           it
           seems
           upon
           other
           Business
           ,
           and
           not
           at
           leasure
           for
           that
           .
           Here
           was
           the
           beginning
           of
           the
           House
           of
           Commons
           Punishing
           any
           Body
           ,
           they
           were
           permitted
           to
           Inflict
           the
           punishment
           ,
           when
           the
           House
           of
           Lords
           had
           Judged
           the
           Offence
           .
        
         
           For
           before
           that
           time
           they
           could
           but
           complain
           of
           any
           Wrong
           received
           ,
           the
           Lords
           were
           to
           Judge
           of
           it
           ,
           and
           punish
           the
           Offender
           .
           If
           a
           Sheriff
           had
           not
           carried
           himself
           well
           in
           an
           Election
           of
           a
           Knight
           of
           the
           Shire
           ,
           the
           Lords
           took
           Course
           in
           it
           .
        
         
           5.
           
           H.
           4.
           n.
           38.
           
           The
           Sheriff
           of
           Rutlandshire
           had
           returned
           Onby
           instead
           of
           Thorp
           ,
           who
           was
           duly
           chosen
           ,
           the
           Lords
           upon
           Complaint
           to
           them
           ,
           command
           him
           to
           amend
           his
           Return
           ,
           and
           commit
           him
           to
           the
           Fleet
           ,
           and
           put
           him
           to
           Fine
           and
           Ransome
           at
           the
           Kings
           pleasure
           .
        
         
         
           18.
           
           H.
           6.
           n.
           18.
           
           The
           Sheriff
           of
           Cambridgeshire
           had
           made
           no
           Return
           at
           all
           :
           The
           King
           by
           Advice
           of
           the
           Lords
           Spiritual
           and
           Temporal
           orders
           a
           new
           Election
           ,
           and
           the
           Sheriff
           to
           make
           Proclamation
           ,
           that
           no
           Person
           come
           thither
           with
           Arms
           in
           disturbance
           of
           the
           Peace
           .
        
         
           38.
           
           H.
           6.
           n.
           35.
           
           Many
           Knights
           of
           Counties
           and
           other
           Members
           had
           been
           unduly
           returned
           ,
           yet
           were
           received
           to
           sit
           ,
           the
           Commons
           come
           ,
           and
           desire
           they
           may
           be
           allowed
           for
           good
           ,
           and
           no
           Sheriff
           incur
           for
           it
           the
           penalty
           of
           the
           Statute
           23.
           
           H.
           6.
           which
           the
           King
           and
           Lords
           assented
           to
           at
           their
           Request
           .
        
         
           If
           any
           of
           the
           Members
           or
           their
           Servants
           were
           Beaten
           or
           Wounded
           ,
           or
           Arrested
           ,
           the
           House
           of
           Commons
           could
           not
           themselves
           punish
           them
           by
           their
           own
           Authority
           ,
           but
           must
           come
           to
           the
           King
           and
           Lords
           ,
           and
           pray
           in
           their
           Aid
           ,
           sometimes
           to
           punish
           them
           judicially
           ,
           sometimes
           to
           make
           an
           Act
           〈◊〉
           Parlament
           for
           it
           ,
           as
           was
           done
           5.
           
           H.
           〈◊〉
           the
           Case
           of
           
             Rich.
             Chedder
          
           ,
           Servant
           〈◊〉
           
             Tho.
             Brooke
          
           Knight
           for
           Sommerset●●●●e
           ;
           who
           was
           Assaulted
           and
           Beaten
           
           by
           one
           
             Iohn
             Savage
          
           :
           The
           King
           by
           the
           Advice
           and
           Assent
           of
           the
           Lords
           at
           the
           Request
           of
           the
           Commons
           ordained
           that
           Savage
           should
           appeare
           and
           yield
           himself
           in
           the
           Kings
           Bench
           ,
           within
           a
           Quarter
           of
           a
           Year
           after
           Proclamation
           made
           for
           that
           purpose
           ,
           and
           appearing
           or
           not
           appearing
           (
           if
           attainted
           of
           the
           Fact
           )
           should
           pay
           double
           Damages
           to
           the
           Party
           ,
           and
           make
           Fine
           and
           Ransome
           at
           the
           Kings
           will
           ;
           and
           so
           to
           be
           done
           in
           time
           to
           come
           in
           like
           Cases
           .
           And
           n.
           74.
           of
           the
           same
           Parlament
           ,
           the
           Commons
           pray
           ,
           That
           all
           such
           Persons
           as
           shall
           Arrest
           any
           Knight
           ,
           or
           Burgess
           ,
           or
           their
           Servants
           ,
           
             As
             Parlementz
             venantz
             ,
             illeoques
             demurrantz
             ,
             &
             a
             lour
             propres
             restournantz
             ,
          
           coming
           ,
           staying
           ,
           and
           returning
           (
           not
           Forty
           dayes
           before
           the
           Sitting
           ,
           and
           Forty
           dayes
           after
           ,
           as
           now
           )
           should
           pay
           Trebble
           damages
           to
           the
           Party
           grieved
           ,
           and
           make
           Fine
           and
           Ransome
           at
           the
           Kings
           will.
           
        
         
           31.
           
           H.
           6.
           n.
           25
           ,
           26.
           
           
             Tho.
             Thorp
          
           their
           Speaker
           ,
           and
           
             Walter
             Raile
          
           a
           Member
           ,
           during
           a
           Prorogation
           ,
           had
           been
           taken
           in
           Execution
           ,
           and
           laid
           up
           in
           Prison
           :
           when
           
           the
           Parlament
           came
           ,
           they
           wanted
           their
           Speaker
           and
           one
           of
           their
           Members
           ,
           and
           there-upon
           sent
           up
           some
           of
           their
           Number
           to
           the
           Lords
           to
           complain
           ,
           and
           desire
           them
           to
           set
           them
           at
           Liberty
           ,
           (
           far
           from
           going
           about
           to
           do
           it
           themselves
           ;
           )
           the
           Lords
           advise
           with
           the
           Judges
           ,
           and
           after
           Consultation
           think
           not
           fit
           to
           deliver
           them
           ,
           because
           they
           were
           imprisoned
           upon
           a
           Condemnation
           before
           Parlament
           ,
           when
           there
           was
           no
           Priviledge
           ,
           which
           they
           signifie
           to
           the
           Commons
           ,
           and
           charge
           them
           in
           the
           Kings
           Name
           to
           chuse
           another
           Speaker
           ,
           which
           they
           did
           ,
           one
           Sir
           
             Thomas
             Charlton
          
           .
           Yet
           if
           any
           of
           the
           Members
           or
           their
           Servants
           ,
           were
           arrested
           within
           time
           of
           Priviledge
           ,
           then
           upon
           complaint
           the
           Lords
           did
           use
           to
           set
           them
           at
           Liberty
           ,
           as
           they
           did
           ,
           8.
           
           H.
           6.
           n.
           57.
           
           
             William
             Lake
          
           Servant
           to
           
             William
             Mildred
          
           Burgess
           for
           London
           .
           39.
           
           H.
           6.
           n.
           9.
           
           
             Walter
             Clerk
          
           Burgess
           for
           Chippenham
           .
           14.
           
           E.
           4.
           n.
           55.
           
           
             Walter
             Hyde
          
           ,
           Burgess
           for
           the
           same
           place
           .
           17.
           
           E.
           4.
           n.
           55.
           
           
             Iohn
             Atwell
          
           Burgess
           for
           Exeter
           .
        
         
         
           But
           the
           House
           of
           Commons
           never
           pretended
           either
           to
           Discharge
           any
           body
           out
           of
           Prison
           ,
           or
           to
           Commit
           any
           body
           to
           Prison
           ,
           or
           impose
           a
           Fine
           in
           any
           Case
           whatsoever
           ,
           till
           that
           34
           th
           of
           H.
           8.
           when
           it
           was
           in
           one
           particular
           Case
           permitted
           ,
           and
           referred
           to
           them
           by
           the
           House
           of
           Peers
           :
           Nor
           indeed
           can
           it
           stand
           with
           Reason
           and
           the
           Rules
           of
           Justice
           ,
           they
           should
           have
           such
           a
           Jurisdiction
           ,
           in
           regard
           they
           cannot
           give
           an
           Oath
           .
           And
           is
           it
           rational
           or
           any
           wayes
           just
           ,
           that
           any
           Man
           should
           either
           be
           disseised
           of
           Property
           or
           deprived
           of
           Liberty
           ,
           without
           there
           be
           Testimony
           upon
           Oath
           ,
           that
           he
           hath
           done
           some
           thing
           to
           deserve
           it
           ?
           This
           seem
           to
           be
           against
           the
           Fundamental
           Laws
           of
           the
           Kingdome
           .
        
         
           All
           this
           considered
           ,
           it
           is
           not
           probable
           ,
           (
           were
           it
           true
           ,
           that
           the
           House
           of
           Commons
           did
           dislike
           that
           Acting
           of
           the
           Lords
           in
           the
           Case
           of
           Rich
           the
           Second
           ,
           to
           Unthrone
           and
           Imprison
           their
           Lawful
           King
           )
           that
           yet
           out
           of
           that
           dislike
           ,
           and
           to
           avoid
           the
           present
           evil
           of
           being
           
           made
           joynt
           Actors
           in
           ,
           and
           Parties
           to
           that
           particular
           Judgement
           ,
           they
           would
           renounce
           being
           Parties
           to
           any
           ,
           and
           for
           ever
           debar
           themselves
           of
           a
           Power
           and
           Priviledge
           ,
           which
           did
           justly
           belong
           to
           them
           ;
           Nay
           more
           ,
           say
           ,
           they
           never
           had
           such
           a
           Power
           ,
           that
           it
           belonged
           onely
           to
           the
           King
           and
           Lords
           ,
           and
           that
           their
           part
           was
           but
           to
           sue
           and
           to
           petition
           :
           This
           is
           hardly
           to
           be
           believed
           .
        
         
           But
           who
           reades
           the
           Story
           ,
           will
           see
           that
           the
           Inference
           is
           not
           true
           ,
           and
           will
           find
           that
           at
           that
           time
           the
           Common
           People
           ,
           and
           even
           that
           House
           of
           Commons
           were
           full
           as
           much
           ,
           if
           not
           more
           than
           the
           Lords
           ,
           displeased
           with
           King
           Richard
           ,
           and
           favourers
           of
           Henry
           the
           4
           th
           ,
           who
           did
           so
           much
           rely
           upon
           the
           affection
           of
           the
           People
           ,
           that
           he
           brought
           no
           Military
           force
           with
           him
           out
           of
           France
           ,
           where
           he
           had
           remained
           in
           Banishment
           ,
           and
           that
           he
           landed
           at
           Rauenspurre
           in
           Holderness
           only
           with
           fifteen
           Lances
           ,
           but
           soon
           encreased
           to
           an
           Army
           of
           threescore
           thousand
           Men
           ,
           for
           (
           as
           Historians
           say
           )
           his
           strength
           was
           in
           the
           
           Hearts
           of
           the
           People
           ,
           where
           King
           Richards
           should
           have
           been
           ,
           who
           had
           so
           little
           of
           their
           Good-wills
           ,
           that
           when
           he
           was
           sent
           from
           Chester
           to
           London
           ,
           certaine
           Citizens
           had
           conspired
           to
           way-laye
           him
           and
           kill
           him
           ,
           if
           the
           Lord
           Major
           having
           intelligence
           of
           it
           ,
           had
           not
           prevented
           it
           ,
           himself
           riding
           forth
           with
           convenient
           company
           to
           guard
           him
           to
           the
           Tower.
           And
           when
           the
           Parlament
           came
           ,
           which
           Henry
           the
           fourth
           then
           Duke
           of
           Lancaster
           called
           by
           Wri●●s
           of
           Summons
           in
           King
           Richards
           name
           ,
           the
           House
           of
           Commons
           was
           as
           forward
           as
           the
           Lords
           in
           every
           point
           ,
           for
           Decrying
           ,
           Condemning
           ,
           and
           Deposing
           of
           King
           Richard
           ;
           When
           his
           Resignation
           was
           declared
           unto
           them
           by
           the
           Arch-Bishop
           of
           Yorke
           and
           Bishop
           of
           Hereford
           ,
           whom
           King
           Richard
           had
           made
           his
           Atturneys
           for
           that
           purpose
           ,
           and
           they
           were
           demanded
           ,
           if
           they
           would
           assent
           and
           agree
           to
           it
           ,
           they
           with
           one
           general
           Voice
           did
           expresly
           accept
           and
           admit
           the
           same
           .
           When
           the
           Articles
           of
           his
           Charge
           were
           read
           unto
           them
           ,
           they
           all
           agreed
           that
           his
           Crimes
           
           were
           notorious
           ,
           and
           he
           worthy
           for
           the
           same
           to
           be
           deposed
           of
           his
           Princely
           Dignity
           ,
           and
           joyned
           in
           appointing
           Commissioners
           ,
           two
           Knights
           ,
           Sir
           
             Thomas
             Erpinghan
          
           and
           Sir
           
             Tho.
             Grey
          
           for
           them
           ,
           to
           goe
           with
           two
           Prelates
           and
           two
           Temporal
           Lords
           for
           the
           Peers
           ,
           to
           the
           Tower
           ,
           to
           pronounce
           unto
           King
           Richard
           the
           Sentence
           of
           his
           Deposition
           :
           And
           they
           promoted
           several
           things
           that
           Parlament
           in
           favour
           of
           Henry
           the
           4
           th
           and
           his
           Friends
           ,
           and
           to
           the
           Depression
           and
           Reproach
           of
           Richard
           the
           second
           ,
           and
           his
           Friends
           ,
           which
           they
           inserted
           among
           their
           Petitions
           ,
           which
           according
           to
           usage
           they
           presented
           at
           the
           end
           of
           the
           Parlament
           ,
           which
           being
           granted
           at
           their
           request
           were
           established
           for
           Acts
           of
           Parlament
           .
           So
           as
           the
           Penner
           of
           that
           
             Paper
             of
             Reasons
             for
             a
             Conference
          
           was
           much
           mistaken
           in
           what
           he
           there
           said
           of
           the
           Commons
           being
           then
           unwilling
           to
           be
           made
           Parties
           to
           that
           Judgement
           because
           it
           was
           to
           Depose
           their
           Lawful
           King
           ,
           and
           sure
           he
           either
           never
           had
           read
           the
           Story
           of
           those
           times
           ,
           or
           had
           forgotten
           it
           ;
           otherwise
           he
           would
           
           have
           knowen
           ,
           that
           they
           were
           as
           busie
           Actors
           as
           the
           Lords
           in
           that
           Deposing
           ,
           I
           mean
           in
           the
           Prosecution
           of
           it
           ,
           though
           not
           in
           the
           Judgement
           given
           upon
           it
           ;
           to
           which
           as
           to
           all
           other
           Judgements
           they
           disclaimed
           to
           have
           any
           right
           or
           Interest
           .
           And
           it
           is
           in
           my
           Opinion
           rather
           an
           unanswerable
           Argument
           ,
           that
           they
           had
           no
           Interest
           ,
           nor
           could
           have
           none
           ,
           in
           any
           Judgement
           ,
           their
           Disclaiming
           it
           at
           this
           time
           and
           upon
           this
           occasion
           ,
           when
           they
           knew
           ,
           that
           nothing
           would
           be
           done
           to
           displease
           them
           ,
           and
           they
           were
           sure
           to
           obtain
           almost
           any
           thing
           they
           would
           ask
           with
           reason
           ,
           and
           with
           any
           colour
           ,
           of
           a
           new
           King
           so
           much
           beholding
           to
           them
           ,
           whose
           best
           Title
           to
           ,
           and
           strongest
           Hold
           of
           his
           New-gotten
           Crowne
           ,
           was
           their
           Affection
           and
           Good-will
           towards
           him
           :
           Therefore
           the
           Lords
           may
           very
           well
           owne
           the
           citing
           of
           that
           Record
           ,
           and
           not
           account
           it
           any
           Dishonour
           to
           them
           ,
           notwithstanding
           the
           gentle
           admonition
           given
           them
           to
           the
           contrary
           by
           the
           Writer
           of
           that
           
             Paper
             of
             Reasons
          
           .
        
         
           And
           so
           ,
           I
           hope
           ,
           I
           have
           sufficiently
           evinced
           this
           truth
           ,
           that
           the
           sole
           J●dicature
           
           of
           Parlament
           is
           lodged
           in
           the
           House
           of
           Peers
           ,
           and
           that
           all
           who
           come
           for
           relief
           to
           Parlament
           must
           have
           it
           there
           .
        
         
           It
           now
           rests
           to
           shew
           ,
           that
           it
           extends
           to
           the
           Relieving
           of
           such
           as
           have
           suffered
           wrong
           in
           Courts
           of
           Equity
           ,
           and
           receiving
           of
           Appeales
           from
           those
           Courts
           ;
           We
           have
           already
           seen
           ,
           that
           in
           case
           of
           Delay
           of
           Justice
           ,
           the
           House
           of
           Lords
           doth
           give
           Relief
           ,
           and
           by
           the
           same
           reason
           they
           may
           do
           it
           in
           case
           of
           Deniall
           of
           Justice
           ,
           and
           of
           doing
           Injustice
           :
           And
           in
           truth
           ,
           there
           is
           greater
           Reason
           for
           it
           ,
           for
           when
           Justice
           is
           but
           delayed
           ,
           a
           little
           waiting
           and
           patience
           may
           happily
           bring
           a
           Remedy
           ;
           but
           when
           an
           unjust
           Decree
           is
           given
           ,
           there
           is
           a
           
             Ne
             plus
             ultra
          
           in
           that
           Court
           ,
           no
           help
           is
           to
           be
           there
           expected
           ,
           and
           without
           such
           an
           Appeal
           the
           Party
           grieved
           must
           be
           without
           Remedy
           .
        
         
           Then
           ,
           why
           not
           as
           well
           receive
           an
           Appeal
           from
           a
           Court
           of
           Equity
           ,
           and
           give
           Relief
           upon
           it
           ,
           if
           there
           be
           cause
           ,
           as
           to
           reverse
           an
           Erroneous
           Judgement
           upon
           a
           Writ
           of
           Error
           from
           a
           Court
           of
           Common
           Law
           ?
           as
           hath
           been
           said
           already
           ,
           
           there
           is
           more
           danger
           from
           a
           Court
           of
           Equity
           ,
           where
           ones
           Doome
           depends
           upon
           the
           will
           of
           one
           Man
           ,
           that
           is
           not
           tied
           to
           the
           strict
           Rule
           of
           Law
           ,
           than
           where
           there
           are
           four
           Judges
           ,
           who
           have
           that
           strict
           Rule
           to
           goe
           by
           :
           And
           can
           it
           be
           believed
           ,
           that
           in
           a
           Government
           so
           well
           modelled
           and
           established
           by
           the
           Wisdom
           of
           our
           Ancestors
           ,
           as
           this
           is
           ,
           there
           should
           be
           a
           standing
           known
           Remedy
           appointed
           for
           the
           lesser
           evil
           ,
           which
           apparently
           will
           more
           rarely
           happen
           ,
           and
           none
           for
           the
           greater
           ,
           which
           probably
           may
           befall
           us
           much
           more
           frequently
           ?
        
         
           In
           the
           third
           place
           ,
           one
           may
           argue
           thus
           ,
           By
           the
           constitution
           of
           this
           Government
           generally
           from
           all
           Inferiour
           Courts
           ,
           where
           any
           Body
           is
           grieved
           ,
           he
           may
           appeale
           to
           a
           Superiour
           ,
           and
           so
           Gradatim
           ,
           till
           he
           come
           to
           the
           highest
           of
           all
           ,
           the
           Supreame
           Judicature
           in
           Parlament
           ,
           as
           50.
           
           E.
           3.
           n.
           38.
           was
           said
           to
           the
           Bishop
           of
           Norwich
           ,
           that
           
             Errors
             in
             the
             Common
             Pleas
             were
             to
             be
             corrected
             in
             the
             Kings
             Bench
             ,
             and
             of
             the
             Kings
             Bench
             in
             the
             Parlament
             .
          
           So
           from
           particular
           
           Courts
           ,
           that
           are
           in
           several
           Counties
           ,
           and
           from
           Judges
           of
           Assize
           ,
           yea
           from
           Ireland
           ,
           the
           Party
           grieved
           resorts
           to
           the
           Courts
           of
           Westminster
           ,
           and
           from
           them
           to
           the
           Parlament
           ,
           This
           is
           the
           ordinary
           Tract
           ,
           but
           where
           it
           is
           otherwise
           provided
           by
           Act
           of
           Parlament
           in
           special
           Cases
           to
           make
           some
           Judgements
           in
           some
           Judicatories
           finall
           ;
           Else
           the
           last
           resort
           ,
           where
           all
           appealing
           terminates
           ,
           is
           the
           supreame
           Court
           of
           Parlament
           ,
           whither
           they
           have
           still
           come
           from
           all
           the
           Courts
           in
           England
           ,
           sometimes
           Gradatim
           by
           steps
           going
           first
           to
           other
           Courts
           ,
           sometimes
           immediately
           
             Per
             saltum
          
           from
           the
           Court
           it self
           ,
           where
           the
           Judgement
           complained
           of
           was
           first
           given
           .
        
         
           And
           so
           have
           they
           received
           Complaints
           ,
           and
           given
           Relief
           from
           Sentences
           in
           the
           Star-Chamber
           ,
           as
           in
           1641.
           
           April
           2.
           to
           Mr.
           
             Lambert
             Osbolston
          
           ;
           In
           the
           High
           Commission
           to
           
             Nicholas
             Bloxam
          
           ,
           1640.
           
           Febr.
           9.
           and
           to
           Sir
           
             Robert
             Howard
             ,
             December
          
           22.
           the
           same
           Parlament
           ,
           and
           to
           
             Iohn
             Turner
             ,
             December
          
           30.
           who
           had
           laine
           fourteen
           years
           in
           Prison
           ,
           by
           a
           Sentence
           of
           the
           High
           
           Commission
           :
           So
           from
           an
           Order
           of
           the
           Counsel
           Table
           ,
           to
           
             William
             Waters
          
           ,
           and
           
             Thomas
             Waters
             ,
             Ianuary
          
           25.
           who
           had
           been
           committed
           thence
           for
           refusing
           to
           pay
           Ship-Money
           ,
           and
           they
           made
           Dr.
           Clerk
           ,
           and
           Dr.
           Sibthorp
           reimburse
           their
           charges
           ,
           and
           pay
           them
           100
           l.
           damages
           for
           procuring
           them
           that
           trouble
           by
           a
           false
           Certificate
           .
           The
           9
           th
           .
           of
           February
           ,
           from
           a
           Sentence
           in
           the
           Ecclesiastical
           Court
           at
           Glocester
           ,
           by
           which
           
             Iohn
             Radway
             ,
             William
             Newark
          
           ,
           and
           
             Walter
             Coates
          
           ,
           had
           been
           committed
           to
           Prison
           and
           Excommunicated
           .
           And
           February
           23.
           
           The
           Lords
           gave
           Relief
           to
           
             Abraham
             Hill
          
           ,
           who
           had
           been
           committed
           to
           Prison
           by
           the
           Major
           of
           Colchester
           .
           Multitudes
           of
           such
           Presidents
           may
           be
           produced
           ,
           who
           will
           take
           the
           pains
           to
           look
           over
           the
           Journals
           ;
           but
           these
           are
           sufficient
           to
           shew
           ,
           that
           upon
           complaint
           the
           House
           of
           Peers
           hath
           still
           given
           Redress
           to
           what
           ever
           hath
           been
           done
           amiss
           by
           any
           other
           Court
           ,
           Ecclesiastical
           or
           Civil
           ,
           Court
           of
           Law
           ,
           or
           Court
           of
           Equity
           ,
           and
           was
           never
           found
           fault
           with
           till
           now
           .
        
         
         
           But
           now
           they
           must
           not
           meddle
           with
           Appeals
           from
           Decrees
           in
           Chancery
           ,
           and
           if
           a
           Member
           of
           the
           House
           of
           Commons
           be
           concerned
           ,
           it
           is
           then
           a
           Breach
           of
           their
           Priviledge
           ,
           and
           that
           House
           will
           punish
           any
           Counsel
           that
           shall
           appear
           at
           the
           Lords
           Barr
           to
           plead
           against
           a
           Member
           ,
           together
           with
           the
           Party
           himself
           that
           brings
           the
           Appeal
           ,
           and
           all
           others
           employed
           by
           him
           in
           the
           solliciting
           and
           following
           his
           business
           .
        
         
           So
           then
           a
           Person
           that
           cannot
           obtaine
           Justice
           in
           Chancery
           ,
           who
           perhaps
           hath
           been
           brought
           thither
           against
           his
           will
           ,
           and
           is
           barred
           by
           an
           Injunction
           there
           from
           pursuing
           his
           Right
           in
           any
           other
           of
           the
           Kings
           Courts
           of
           Westminster
           ,
           and
           that
           wrongfully
           (
           as
           Injunctions
           are
           some
           times
           laid
           on
           in
           Chancery
           )
           :
           There
           he
           cannot
           have
           Right
           ,
           but
           is
           opprest
           with
           an
           unjust
           Decree
           ,
           and
           he
           hath
           no
           Remedy
           ,
           but
           must
           lie
           under
           that
           Oppression
           ,
           and
           the
           Supreame
           Court
           of
           Judicature
           in
           the
           Kingdome
           ,
           which
           receives
           Complaints
           and
           gives
           Relief
           against
           the
           Erroneous
           Proceeding
           of
           all
           other
           Courts
           ,
           must
           be
           Impotent
           
           in
           this
           behalf
           ;
           This
           is
           not
           only
           a
           Derogation
           to
           the
           High
           Court
           of
           Parlament
           ,
           but
           it
           would
           be
           a
           great
           Defect
           in
           the
           general
           Administration
           of
           Justice
           in
           this
           Kingdome
           .
        
         
           To
           this
           is
           answered
           ,
           Yes
           ,
           there
           is
           a
           Remedy
           proposed
           to
           prevent
           a
           Failer
           of
           Justice
           ,
           The
           King
           may
           grant
           a
           special
           Commission
           whensoever
           there
           is
           occasion
           to
           certain
           Persons
           (
           to
           the
           Judges
           ,
           as
           it
           was
           43.
           
           Eliz.
           )
           to
           reheare
           the
           Cause
           and
           give
           relief
           to
           the
           Party
           grieved
           :
           But
           it
           is
           replied
           ,
           First
           ,
           That
           it
           may
           be
           doubted
           ,
           if
           this
           can
           be
           done
           without
           an
           Act
           of
           Parliament
           .
           Secondly
           ,
           Admit
           it
           may
           ,
           yet
           as
           the
           King
           may
           grant
           it
           ,
           so
           he
           may
           refuse
           it
           ,
           for
           there
           is
           no
           Law
           to
           make
           him
           do
           it
           
             Ex
             debito
             Iustitiae
          
           ,
           therefore
           if
           he
           doth
           it
           ,
           it
           will
           be
           but
           
             Ex
             gratia
             &
             ex
             mero
             motu
             ,
          
           which
           doth
           not
           salve
           the
           Objection
           ,
           that
           there
           would
           be
           a
           defect
           in
           the
           established
           Rule
           for
           the
           Administration
           of
           Justice
           ,
           which
           ought
           to
           make
           the
           doeing
           of
           Justice
           a
           necessary
           Duty
           incumbent
           on
           the
           Magistrate
           (
           be
           he
           Supreame
           or
           be
           he
           subordinate
           )
           and
           not
           leave
           it
           
           voluntary
           to
           himself
           ,
           to
           be
           
             Ad
             libitum
          
           .
           It
           cannot
           be
           believed
           ,
           that
           the
           Wisdome
           of
           our
           Ancestors
           would
           leave
           the
           Administration
           of
           Justice
           so
           loose
           and
           uncertaine
           .
           We
           see
           how
           in
           the
           time
           of
           Henry
           the
           Eight
           ,
           when
           they
           annexed
           all
           Ecclesiastical
           Jurisdiction
           to
           the
           Crown
           ,
           they
           by
           Act
           of
           Parlament
           25.
           
           H.
           8.
           c.
           19.
           gave
           the
           King
           power
           by
           Commission
           under
           the
           Great
           Seal
           to
           appoint
           such
           Persons
           ,
           as
           he
           shall
           Name
           ,
           to
           reheare
           any
           Cause
           judged
           in
           Ecclesiastical
           Courts
           ,
           whereof
           any
           Person
           is
           grieved
           and
           will
           appeal
           ,
           and
           it
           cannot
           be
           denied
           him
           :
           So
           in
           Queen
           Elizabeths
           time
           they
           provide
           for
           those
           who
           are
           grieved
           with
           Judgements
           given
           in
           the
           Kings
           Bench
           or
           Exchequer
           ,
           and
           because
           Parlaments
           were
           not
           so
           frequent
           as
           formerly
           ,
           that
           Men
           should
           not
           stay
           long
           for
           Relief
           ,
           27
           ,
           &
           31.
           
           Eliz.
           they
           appoint
           a
           rehearing
           by
           all
           the
           Judges
           ,
           meeting
           in
           the
           Exchequer
           Chamber
           ,
           from
           whence
           they
           might
           afterwards
           have
           their
           Recourse
           to
           Parlament
           :
           But
           still
           the
           Statute
           leaves
           it
           to
           their
           Election
           to
           sue
           in
           Parlament
           ,
           and
           
           not
           go
           to
           the
           Judges
           at
           all
           except
           they
           please
           :
           Now
           ,
           can
           we
           imagine
           they
           would
           take
           no
           care
           to
           give
           relief
           from
           unjust
           Decrees
           in
           Chancery
           ,
           but
           that
           the
           Current
           of
           Justice
           must
           there
           be
           at
           a
           dead
           stand
           ?
           A
           Man
           perhaps
           be
           Ruined
           against
           all
           Law
           and
           Equity
           ,
           and
           no
           help
           for
           him
           ,
           no
           remedy
           ,
           for
           so
           it
           must
           have
           been
           ,
           if
           a
           Parlament
           could
           not
           relieve
           him
           :
           For
           that
           way
           of
           having
           a
           Commission
           under
           the
           Broad
           Seale
           directed
           to
           the
           Judges
           ,
           was
           never
           thought
           on
           till
           about
           the
           43.
           of
           the
           Queen
           in
           those
           few
           Cases
           ,
           nor
           hath
           it
           ever
           been
           Practised
           since
           that
           wee
           know
           ,
           so
           as
           wee
           may
           be
           bold
           to
           affirme
           ,
           that
           our
           Ancestors
           knowing
           the
           Parlament
           ,
           to
           be
           the
           Supreame
           Court
           ,
           to
           which
           all
           Persons
           aggrieved
           with
           the
           proceedings
           of
           Inferior
           Courts
           ,
           did
           apply
           themselves
           for
           Relief
           ,
           and
           there
           had
           it
           ,
           thought
           it
           not
           needful
           to
           make
           any
           other
           Provision
           for
           those
           who
           should
           receive
           wrong
           in
           Chancery
           ;
           where
           heretofore
           they
           did
           not
           often
           doe
           wrong
           ,
           because
           in
           those
           dayes
           they
           had
           little
           worke
           ,
           not
           meddling
           with
           many
           
           Causes
           ,
           and
           the
           Chancellors
           were
           commonly
           Church-Men
           .
        
         
           Sir
           
             Edward
             Cook
          
           saith
           ,
           That
           the
           first
           Decree
           in
           Chancery
           that
           ever
           he
           observed
           was
           17.
           
           R.
           2.
           and
           that
           an
           Act
           of
           Parlament
           had
           passed
           that
           same
           Year
           ,
           which
           gave
           the
           first
           ground
           for
           those
           Proceedings
           ,
           giving
           the
           Chancellor
           power
           to
           award
           Dammages
           according
           to
           his
           discretion
           to
           such
           as
           were
           vexed
           in
           that
           Court
           upon
           untrue
           Suggestions
           ,
           such
           Suggestions
           being
           duely
           found
           and
           proved
           untrue
           .
           Certain
           it
           is
           ,
           they
           were
           in
           those
           times
           very
           rare
           ,
           the
           same
           Sir
           
             Edward
             Cook
          
           saith
           ,
           That
           none
           are
           found
           reported
           in
           their
           Law-Books
           before
           the
           Reigne
           of
           Henry
           the
           6
           th
           .
           And
           this
           is
           one
           Reason
           ,
           why
           we
           find
           no
           Appeales
           in
           the
           antient
           Journals
           :
           Besides
           (
           as
           we
           have
           said
           before
           )
           that
           the
           Journals
           are
           many
           of
           them
           lost
           ,
           and
           those
           that
           remaine
           are
           very
           imperfect
           .
           Yet
           some
           there
           are
           :
           That
           very
           first
           Decree
           before
           mentioned
           of
           the
           17.
           
           R
           2.
           n.
           10.
           came
           to
           be
           examined
           〈◊〉
           the
           House
           of
           Lords
           .
           The
           Case
           was
           t●●s
           ,
           
             Iohn
             de
             Windsor
          
           being
           put
           out
           of
           Fossession
           of
           three
           Mannors
           
           in
           Cambridgeshire
           ,
           by
           Sir
           
             Robert
             de
             Lisle
          
           ,
           they
           referr
           themselves
           to
           the
           Arbitration
           of
           the
           King
           and
           Privy
           Councel
           ,
           who
           find
           it
           reasonable
           that
           Sir
           
             Robert
             de
             Lisle
          
           should
           restore
           them
           to
           Windsor
           ,
           and
           a
           Decree
           is
           made
           in
           Chancery
           to
           put
           this
           in
           Execution
           :
           Lisle
           then
           petitions
           that
           he
           may
           be
           left
           to
           the
           Common
           Law
           :
           The
           King
           grants
           it
           ,
           sends
           a
           Privy
           Seal
           to
           the
           Bishop
           of
           Winchester
           ,
           who
           was
           then
           Lord
           Chancellor
           (
           and
           not
           
             William
             Courtney
          
           Arch-Bishop
           of
           Canterbury
           ,
           as
           Sir
           
             Edward
             Cook
          
           hath
           it
           )
           to
           remand
           the
           whole
           Matter
           to
           be
           tried
           at
           Law
           :
           The
           Chancellor
           doth
           it
           by
           a
           Writ
           
             de
             Procedendo
          
           under
           the
           Broad
           Seale
           .
           Sir
           
             Robert
             de
             Lisle
          
           in
           the
           Interim
           sells
           these
           Lands
           to
           Sir
           
             Richard
             le
             Scroope
             .
             Iohn
             de
             Windsor
          
           sets
           forth
           all
           this
           in
           a
           Petition
           to
           the
           King
           and
           Lords
           in
           Parlament
           ,
           and
           accuses
           Sir
           
             Richard
             le
             Scroope
          
           of
           Champerty
           .
           The
           Lords
           order
           all
           the
           Proceedings
           to
           be
           brought
           into
           the
           House
           ,
           what
           passed
           in
           Chancery
           ,
           and
           what
           at
           the
           Privy
           Seal
           .
           All
           which
           was
           viewed
           and
           examined
           by
           them
           ,
           and
           upon
           the
           whole
           
           Matter
           they
           gave
           this
           Judgement
           ,
           
             Quod
             non
             fuit
             nec
             habebatur
             aliqua
             Cambipartia
             ,
             Quod
             predictus
          
           Johannes
           
             nihil
             capiat
             per
             Petitionem
             suam
             ,
             Quod
             predi●lus
          
           Ricardus
           
             eat
             inde
             quietus
             ,
             ac
             Quod
             predictus
          
           Johannes
           
             pro●equatur
             ad
             Communem
             Legem
             in
             hac
             parte
             si
             sibi
             viderit
             expedire
             .
          
           The
           Lords
           here
           doe
           examine
           ,
           and
           Judge
           of
           what
           was
           done
           in
           Chancery
           ,
           which
           shews
           their
           Jurisdiction
           to
           extend
           thither
           .
        
         
           And
           even
           their
           taking
           notice
           of
           any
           delay
           there
           ,
           is
           Argument
           sufficient
           of
           this
           Jurisdiction
           ,
           which
           Jurisdiction
           the
           Statute
           14.
           
           E.
           3.
           c.
           5.
           doth
           fully
           prove
           to
           have
           been
           in
           them
           before
           the
           making
           of
           that
           Statute
           ;
           for
           that
           Statute
           doth
           onely
           provide
           for
           the
           placing
           it
           in
           some
           Lords
           named
           by
           the
           House
           to
           be
           exercised
           by
           them
           after
           the
           Parlament
           is
           Risen
           ,
           until
           it
           meet
           again
           ,
           and
           for
           that
           Interval
           of
           time
           :
           Which
           shews
           that
           during
           the
           Parlaments
           〈◊〉
           such
           an
           expedient
           needs
           not
           for
           the
           relief
           of
           those
           ,
           who
           are
           de●ayed
           in
           Chancery
           ,
           because
           then
           the
           House
           doth
           it
           by
           a
           Power
           inherent
           in
           them
           ,
           and
           which
           so
           
           hath
           been
           time
           out
           of
           mind
           :
           For
           there
           is
           no
           Record
           ,
           when
           that
           Power
           began
           ,
           no
           more
           then
           for
           their
           Power
           of
           rectifying
           Erroneous
           Judgments
           at
           the
           Common
           Law
           ,
           (
           So
           that
           ,
           if
           the
           Lords
           be
           asked
           ,
           when
           that
           Power
           was
           given
           them
           ,
           and
           where
           it
           is
           Recorded
           ?
           They
           may
           answer
           as
           the
           House
           of
           Commons
           answered
           them
           in
           another
           Case
           ,
           about
           
             Imposing
             upon
             Merchandize
          
           ,
           that
           it
           will
           be
           found
           on
           the
           back-side
           of
           the
           Record
           ,
           by
           which
           they
           are
           Authorised
           for
           Erroneous
           Judgements
           :
           For
           in
           truth
           there
           is
           no
           more
           a
           Record
           for
           the
           one
           then
           for
           the
           other
           )
           .
           Both
           those
           Powers
           are
           naturally
           of
           the
           Ess●nce
           of
           a
           Parlament
           ,
           not
           conferred
           upon
           it
           by
           any
           Law
           extant
           ;
           But
           as
           the
           Common
           Law
           of
           the
           Land
           ,
           it
           is
           by
           Prescription
           ,
           time
           out
           of
           mind
           ,
           which
           is
           the
           difference
           between
           the
           Common
           Law
           and
           Statute
           Law
           :
           The
           Common
           Law
           is
           by
           an●ient
           Usage
           and
           Custome
           ,
           of
           which
           no
           Man
           knowes
           the
           beginning
           :
           Statute
           Lawes
           have
           a
           knowen
           time
           of
           beginning
           ,
           when
           first
           they
           were
           made
           and
           established
           by
           King
           Lords
           and
           Commons
           
           in
           Parlament
           ,
           before
           which
           time
           they
           were
           not
           in
           being
           .
        
         
           Now
           we
           may
           say
           that
           the
           Power
           to
           correct
           the
           Errors
           of
           Inferior
           Courts
           ,
           as
           well
           of
           Law
           as
           of
           Equity
           ,
           and
           so
           of
           the
           Chancery
           is
           lodged
           in
           Parlament
           ,
           as
           a
           part
           of
           their
           Judicature
           ,
           by
           the
           Common
           Law
           of
           the
           Land
           ;
           I
           say
           of
           the
           Chancery
           ,
           both
           as
           it
           is
           a
           Court
           of
           Equity
           ,
           and
           as
           it
           is
           a
           Court
           of
           Common
           Law
           ;
           For
           both
           those
           Courts
           are
           in
           Chancery
           ,
           that
           of
           Common
           Law
           
             Coram
             domino
             Rege
             in
             Cancellaria
          
           is
           of
           all
           Antiquity
           ,
           and
           upon
           a
           Judgment
           given
           in
           this
           Court
           lies
           a
           Writ
           of
           Error
           returnable
           in
           the
           Kings
           Bench
           ,
           and
           consequently
           from
           thence
           to
           Parlament
           :
           that
           of
           Equity
           is
           not
           so
           antient
           ,
           it
           is
           a
           Power
           growen
           up
           by
           degrees
           ;
           Sir
           
             Edward
             Cook
          
           saith
           ,
           That
           some
           are
           of
           Opinion
           that
           a
           Statute
           made
           36.
           
           E.
           3.
           did
           first
           give
           the
           Chancellor
           this
           Authority
           ,
           which
           Opinion
           he
           confutes
           ,
           and
           refers
           it
           rather
           to
           another
           Statute
           of
           17.
           
           R.
           2.
           as
           hath
           been
           said
           before
           ;
           however
           it
           is
           certain
           that
           
             In
             principio
             non
             fuit
             sic
          
           ,
           in
           the
           beginning
           it
           was
           not
           so
           ;
           And
           when
           
           ever
           ,
           or
           how
           ever
           it
           began
           ,
           when
           once
           it
           was
           begun
           and
           had
           a
           being
           ,
           it
           became
           subordinate
           to
           the
           Jurisdiction
           of
           Parlament
           :
           which
           one
           may
           boldly
           conclude
           both
           upon
           the
           general
           Reason
           ,
           of
           all
           Inferior
           Courts
           being
           subordinate
           to
           the
           Supreame
           Court
           ,
           and
           particularly
           from
           the
           Constitution
           of
           the
           Court
           of
           Chancery
           ,
           which
           in
           it's
           antient
           Legal
           capacity
           ,
           as
           it
           acts
           
             Secundum
             Legem
             &
             consuctudinem
             Angliae
          
           ,
           is
           in
           such
           a
           subordination
           ,
           and
           
             A
             fortiore
          
           then
           ought
           it
           to
           be
           so
           ,
           acting
           in
           a
           capacity
           of
           a
           later
           Acquisition
           ,
           and
           in
           a
           more
           arbitrary
           and
           irregular
           way
           .
        
         
           In
           latter
           times
           ,
           that
           is
           from
           12.
           
           Iac.
           all
           the
           last
           Kings
           Reigne
           ,
           and
           so
           much
           as
           is
           past
           of
           the
           Kings
           Reigne
           that
           now
           is
           ,
           Presidents
           are
           frequent
           of
           Appeals
           in
           Parlament
           from
           Decrees
           in
           Chancery
           ,
           (
           which
           yet
           is
           five
           and
           fifty
           yeares
           )
           And
           it
           hath
           formerly
           been
           the
           Opinion
           of
           the
           House
           of
           Commons
           ,
           that
           moderne
           Presidents
           were
           best
           ;
           and
           strongly
           was
           it
           urged
           by
           them
           in
           the
           Case
           of
           the
           Earle
           of
           Clarendon
           ,
           to
           induce
           the
           Lords
           to
           commit
           him
           to
           Prison
           
           upon
           a
           general
           Impeachment
           of
           Treason
           without
           special
           Matter
           shewen
           ,
           from
           one
           single
           President
           of
           that
           being
           done
           in
           the
           Case
           of
           the
           late
           Earle
           of
           Strafford
           ,
           against
           multitudes
           of
           Presidents
           produced
           to
           the
           contrary
           .
        
         
           But
           now
           they
           are
           of
           another
           Mind
           .
           And
           because
           we
           find
           not
           in
           the
           antient
           Rolls
           of
           Parlament
           Presidents
           full
           in
           the
           Point
           of
           Appeals
           from
           unjust
           Decrees
           in
           Chancery
           ,
           they
           doe
           deny
           ,
           that
           the
           Parlament
           hath
           now
           such
           a
           Power
           of
           receiving
           Appeals
           .
           To
           which
           it
           hath
           been
           already
           said
           ,
           That
           the
           antient
           Rolls
           since
           the
           time
           that
           the
           Chancery
           hath
           Acted
           as
           a
           Court
           of
           Equity
           in
           17.
           
           R.
           2.
           are
           many
           of
           them
           lost
           ,
           those
           that
           remaine
           are
           very
           general
           ,
           especially
           since
           Henry
           the
           sevenths
           time
           mentioning
           onely
           publick
           Bills
           ,
           scarce
           any
           thing
           of
           particular
           Businesses
           ,
           sometimes
           naming
           the
           Parties
           that
           had
           Sutes
           depending
           in
           the
           House
           of
           Peers
           ,
           but
           not
           expressing
           the
           Matter
           in
           difference
           ,
           that
           one
           cannot
           tell
           whether
           they
           were
           Appeals
           or
           Original
           Causes
           ;
           Let
           any
           body
           peruse
           the
           Journals
           of
           Parlament
           
           of
           H.
           8.
           
           E.
           6.
           
           Q.
           Mary
           and
           Q.
           Elizabeth
           ,
           and
           he
           shall
           find
           it
           so
           .
        
         
           But
           goe
           to
           the
           times
           before
           ,
           and
           you
           will
           see
           that
           the
           House
           of
           Peers
           did
           exercise
           their
           Jurisdiction
           over
           the
           Chancery
           ,
           as
           well
           as
           over
           all
           the
           other
           Courts
           of
           Westminster
           ;
           And
           this
           they
           have
           done
           in
           all
           times
           .
           The
           Statute
           of
           14.
           
           E.
           3.
           shews
           they
           did
           it
           in
           case
           of
           delay
           of
           Justice
           .
           And
           they
           have
           sometimes
           stopped
           a
           Proceeding
           in
           Chancery
           ,
           and
           ordered
           the
           Businesse
           to
           be
           proceeded
           in
           in
           another
           Court.
           
        
         
           3.
           
           R.
           2.
           n.
           22.
           
           Sir
           
             Philip
             Darey
          
           complained
           that
           the
           Prior
           of
           St.
           
           Iohn's
           of
           
           Hierusalem
           ●ued
           him
           in
           Chancery
           for
           two
           Mannors
           ,
           which
           he
           said
           that
           Edward
           the
           3
           d
           had
           granted
           to
           his
           Father
           ,
           and
           produced
           a
           Deed
           ,
           shewing
           that
           the
           Priors
           Predecessor
           had
           passed
           away
           the
           Fee
           of
           those
           Mannors
           to
           Edward
           the
           2
           d.
           The
           Lords
           order
           that
           Deed
           to
           be
           carried
           to
           the
           Barons
           of
           the
           Exchequer
           ,
           they
           to
           examine
           the
           King's
           Title
           ,
           and
           the
           Proceedings
           in
           Chancery
           to
           be
           stopped
           .
           The
           same
           Parlament
           the
           Earle
           of
           Pembrook
           and
           
             William
             de
             
             Zouch
          
           complaine
           that
           Sir
           
             Robert
             Roes
          
           ,
           and
           Thomas
           his
           Son
           Sued
           them
           in
           Chancery
           for
           certain
           Lands
           in
           Yorke-shire
           that
           had
           been
           formerly
           belonging
           to
           
             William
             Cantloe
          
           ,
           pretending
           certaine
           Feoffments
           to
           have
           been
           made
           by
           Cantloe
           to
           their
           advantage
           ,
           and
           that
           they
           endeavoured
           likewise
           to
           get
           an
           Order
           for
           a
           Tryal
           in
           the
           Countrey
           where
           they
           were
           powerful
           ;
           The
           Lords
           take
           the
           Matter
           into
           their
           own
           hands
           ,
           and
           refer
           the
           Examination
           to
           three
           of
           the
           Judges
           ,
           
             Kneuet
             ,
             Cavendish
          
           ,
           and
           Belknap
           to
           examine
           and
           report
           ,
           who
           doe
           report
           those
           Feoffments
           to
           be
           otherwise
           then
           Sir
           Robert
           and
           his
           Son
           pretended
           .
           The
           Chancellors
           have
           themselves
           sometimes
           Repaired
           to
           the
           Lords
           for
           direction
           in
           Businesses
           of
           Difficulty
           and
           of
           Consequence
           as
           9.
           
           H.
           5.
           
           The
           Abbot
           of
           Ramsey
           Sueing
           in
           Chancery
           for
           a
           Prohibition
           to
           stop
           Proceedings
           in
           the
           execution
           of
           a
           Sentence
           given
           in
           the
           Arches
           against
           his
           Tenants
           in
           a
           Case
           of
           Tythes
           ,
           the
           Bishop
           of
           Durham
           Lord
           Chancellor
           ,
           brought
           the
           business
           into
           the
           House
           of
           Peers
           to
           have
           their
           direction
           
           in
           it
           ,
           declaring
           all
           that
           had
           passed
           before
           him
           ;
           and
           Counsel
           then
           being
           heard
           on
           both
           sides
           ,
           the
           Duke
           of
           Bedford
           (
           who
           was
           Guardian
           of
           the
           Realme
           in
           the
           absence
           of
           the
           King
           )
           and
           the
           Lords
           asked
           the
           opinion
           of
           the
           Judges
           who
           were
           there
           present
           ,
           the
           Judges
           of
           ei
           -
           Bench
           and
           the
           Chief
           Baron
           ,
           charging
           them
           to
           give
           
             Lour
             bon
             advis
             selone
             l'exigence
             de
             la
             ley
             pur
             de
             pluis
             seure
             exhibition
             de
             Iustice
             celle
             part
             ,
          
           to
           give
           their
           Advice
           what
           was
           required
           by
           Law
           for
           the
           more
           certain
           rendring
           of
           Justice
           in
           that
           particular
           ,
           which
           they
           did
           :
           And
           after
           mature
           deliberation
           
             Sentu
             suit
             per
             le
             dit
             Gardein
             &
             Seignors
             selone
             l'advis
             de
             le
             dits
             Iustices
             &
             Baron
             ,
          
           &c.
           
           It
           was
           resolved
           by
           the
           said
           Gaurdian
           and
           Lords
           according
           to
           the
           Advice
           of
           the
           Judges
           that
           no
           Prohibition
           should
           be
           granted
           .
        
         
           We
           see
           by
           these
           antient
           Presidents
           the
           Power
           that
           the
           House
           of
           Peers
           did
           heretofore
           exercise
           over
           the
           Court
           of
           Chancery
           ;
           It
           is
           true
           that
           we
           have
           not
           such
           frequent
           Examples
           of
           it
           in
           those
           times
           as
           we
           have
           of
           latter
           dayes
           within
           some
           fifty
           or
           threescore
           years
           ,
           since
           the
           
           work
           of
           that
           Court
           hath
           swelled
           to
           that
           bigness
           as
           now
           it
           is
           ,
           which
           hath
           furnished
           much
           Matter
           for
           Appeals
           ;
           and
           was
           never
           questioned
           till
           now
           .
           In
           so
           much
           as
           in
           the
           Year
           1666
           when
           the
           Case
           of
           Skinner
           the
           Merchant
           complaining
           of
           Wrongs
           done
           him
           by
           the
           
             East
             India-Company
          
           was
           before
           the
           Lords
           ,
           the
           House
           of
           Commons
           interposing
           ,
           and
           declaring
           against
           the
           Lords
           meddling
           with
           an
           Original
           Cause
           ,
           and
           denying
           them
           that
           Jurisdiction
           (
           to
           which
           notwithstanding
           their
           Lordships
           had
           an
           undoubted
           Right
           ,
           and
           maintained
           it
           to
           the
           last
           both
           by
           Reason
           and
           Presidents
           )
           yet
           the
           House
           of
           Commons
           in
           all
           those
           Debates
           and
           Conferences
           upon
           that
           Subject
           ,
           alwayes
           allowed
           them
           their
           Judicature
           in
           Appeals
           and
           Writs
           of
           Error
           ,
           which
           they
           said
           they
           did
           not
           at
           all
           question
           ;
           but
           now
           they
           are
           come
           to
           question
           Appeals
           ,
           one
           step
           further
           ;
           and
           upon
           the
           same
           Ground
           ,
           and
           with
           as
           much
           Reason
           they
           may
           take
           away
           Writs
           of
           Error
           next
           ,
           and
           so
           put
           an
           end
           to
           all
           Judicature
           in
           the
           Supreame
           Court
           of
           Judicature
           .
           But
           I
           hope
           I
           
           have
           made
           it
           clear
           ,
           that
           both
           those
           parts
           of
           Judicature
           are
           and
           must
           be
           Essentiall
           parts
           of
           the
           Supreame
           Judicature
           ,
           and
           the
           Matters
           they
           concern
           to
           be
           wholly
           within
           the
           Cognisance
           of
           it
           .
        
         
           That
           which
           I
           heare
           sticks
           with
           many
           ,
           is
           the
           present
           Constitution
           of
           the
           House
           of
           Peers
           ,
           Composed
           of
           so
           many
           young
           Lords
           ,
           who
           have
           not
           Experience
           in
           Business
           ,
           and
           may
           be
           thought
           to
           mind
           Modes
           and
           Fashions
           ,
           more
           then
           serious
           things
           ;
           And
           perhaps
           the
           Prospect
           of
           what
           is
           coming
           on
           ,
           may
           in
           their
           Opinion
           not
           give
           better
           hopes
           ;
           However
           Right
           is
           Right
           :
           If
           it
           be
           a
           Right
           belonging
           to
           them
           ,
           till
           there
           be
           a
           Law
           to
           dispose
           of
           it
           otherwise
           ,
           it
           ought
           not
           upon
           any
           prudential
           Ground
           to
           be
           taken
           from
           them
           ,
           that
           were
           to
           set
           the
           House
           of
           Peers
           ,
           very
           loose
           ,
           for
           by
           the
           same
           reason
           one
           may
           as
           well
           take
           away
           all
           their
           other
           Rights
           and
           Priviledges
           .
        
         
           But
           let
           us
           take
           the
           House
           of
           Lords
           as
           it
           is
           ,
           though
           there
           be
           many
           young
           Men
           ,
           there
           are
           some
           more
           Elderly
           ,
           and
           it
           is
           they
           commonly
           that
           sit
           out
           hearing
           Causes
           ,
           and
           even
           amongst
           the
           
           young
           Lords
           there
           be
           some
           that
           apply
           themselves
           to
           Business
           :
           In
           the
           general
           ,
           it
           may
           be
           said
           of
           that
           House
           ,
           that
           many
           among
           them
           are
           Persons
           of
           Honour
           and
           of
           Integrity
           ,
           that
           will
           not
           be
           Byassed
           ,
           and
           of
           experience
           to
           Understand
           and
           Judge
           aright
           of
           such
           Matters
           as
           are
           brought
           before
           them
           :
           The
           great
           Officers
           of
           the
           Kingdome
           are
           part
           of
           that
           Body
           ,
           who
           in
           all
           reason
           should
           be
           knowing
           Men
           ;
           the
           Chancellor
           of
           England
           is
           alwayes
           their
           Speaker
           ,
           who
           is
           commonly
           a
           Person
           skilled
           in
           the
           Law
           ;
           and
           they
           have
           all
           the
           Judges
           of
           the
           Land
           ,
           to
           be
           their
           Assistants
           ,
           with
           whom
           they
           advice
           ,
           and
           by
           whose
           advice
           they
           are
           guided
           in
           difficult
           Points
           of
           Law
           ,
           as
           it
           is
           said
           in
           Flouredew's
           Case
           1
           H.
           7.
           
           
             Ter.
             Pasc.
             f.
          
           20.
           
           
             Senescallus
             cum
             Dominis
             Spiritualibus
             &
             Temporalibus
             per
             Consilium
             Iusticiariorum
             procedent
             ad
             Errorem
             corrigendum
          
           ;
           by
           the
           Counsel
           and
           Advice
           of
           the
           Judges
           they
           shall
           correct
           the
           Errors
           ,
           viz.
           of
           the
           Judgement
           complained
           of
           .
           So
           it
           is
           probable
           ,
           and
           there
           is
           Ground
           to
           hope
           and
           expect
           ,
           one
           may
           find
           Justice
           here
           ,
           as
           soon
           as
           ●n
           
           any
           other
           Judicatory
           ;
           Nay
           perhaps
           sooner
           here
           .
           For
           when
           a
           Lord
           Chancellor
           or
           a
           Lord
           Keeper
           is
           concerned
           ,
           as
           he
           is
           in
           all
           Appeals
           from
           Decrees
           in
           Chancery
           (
           which
           is
           the
           proper
           Question
           at
           this
           time
           before
           us
           )
           a
           Commission
           to
           the
           Judges
           ,
           or
           to
           any
           other
           Sett
           of
           Men
           ,
           is
           not
           so
           likely
           to
           relieve
           a
           poor
           Man
           ,
           that
           is
           opprest
           by
           an
           unjust
           Decree
           ,
           (
           whereby
           those
           Commissioners
           may
           incurre
           the
           displeasure
           of
           so
           great
           a
           Person
           ,
           by
           censuring
           and
           vacating
           his
           Act
           )
           as
           the
           House
           of
           Peers
           ,
           who
           are
           not
           in
           that
           Awe
           of
           him
           and
           Subjection
           to
           him
           ,
           as
           all
           particular
           Persons
           are
           .
           Which
           consideration
           alone
           hath
           heretofore
           been
           sufficient
           to
           justifie
           the
           Lords
           interposing
           even
           in
           the
           ordinary
           Judicature
           of
           the
           Kingdome
           ,
           in
           Causes
           between
           Party
           and
           Party
           :
           And
           the
           Commons
           themselves
           did
           then
           so
           farr
           approve
           of
           this
           ,
           as
           they
           made
           it
           their
           desire
           to
           the
           King
           ,
           that
           it
           might
           be
           so
           :
           So
           as
           it
           passed
           into
           a
           Law
           ,
           to
           be
           an
           Act
           of
           Parlament
           ,
           and
           a
           Statute
           ,
           according
           to
           the
           Formality
           of
           making
           Lawes
           in
           those
           times
           .
           1
           R.
           2.
           m.
           11.
           
           
           They
           pray
           
             Que
             querele
             entre
             parties
             ne
             soit
             attemptez
             ne
             terminez
             deuaunt
             Srs.
             ne
             Officiers
             du
             Conseil
             mes
             que
             la
             commune
             ley
             courge
             sans
             estre
             tarie
             es
             lieux
             on
             ils
             soloient
             dancien
             temps
             estre
             terminez
             sil
             ne
             soit
             ticle
             querele
             &
             encontre
             si
             grande
             personne
             que
             home
             ne
             suppose
             aillours
             dauoir
             droit
             .
          
           The
           Answer
           is
           ,
           
             Le
             Roy
             le
             voet
          
           .
           They
           pray
           ,
           That
           Sutes
           between
           Party
           and
           Party
           may
           not
           be
           retained
           and
           determined
           before
           the
           Lords
           nor
           before
           the
           Councel
           ▪
           but
           that
           the
           Law
           may
           have
           its
           Course
           ,
           and
           no
           Obstruction
           of
           it
           b●
           there
           where
           such
           Businesses
           did
           antiently
           use
           to
           be
           determined
           ,
           except
           it
           be
           in
           such
           a
           Sute
           ,
           and
           against
           so
           great
           a
           Person
           ,
           as
           one
           cannot
           otherwise
           hope
           to
           have
           Justice
           ;
           and
           the
           King
           grants
           it
           .
           And
           1.
           
           H.
           4.
           n.
           160.
           this
           Statute
           is
           again
           Confirmed
           .
           Now
           I
           know
           not
           what
           S●●●e
           nor
           what
           Business
           can
           be
           fitter
           to
           be
           within
           this
           Exception
           ,
           then
           where
           a
           Lord
           Chancellor
           or
           a
           Lord
           Keeper
           is
           concerned
           for
           the
           maintenance
           of
           a
           Decree
           which
           himself
           hath
           made
           .
           Besides
           we
           know
           what
           Influence
           that
           great
           Officer
           hath
           in
           all
           Commissions
           ,
           
           that
           Issue
           under
           the
           Great
           Seal
           ,
           for
           naming
           and
           appointing
           the
           Persons
           that
           shall
           be
           Commissionated
           by
           them
           :
           And
           certainly
           one
           that
           complaines
           of
           Injustice
           done
           by
           so
           great
           a
           Person
           would
           not
           willingly
           ,
           that
           he
           should
           have
           hand
           in
           appointing
           the
           Persons
           that
           must
           Examine
           and
           Redress
           it
           .
           So
           as
           all
           things
           considered
           ,
           I
           do
           not
           see
           where
           such
           a
           Power
           as
           this
           could
           better
           be
           lodged
           ,
           then
           in
           the
           House
           of
           Peers
           ;
           if
           it
           were
           not
           already
           there
           ;
           and
           that
           we
           were
           now
           to
           chuse
           where
           it
           should
           be
           placed
           .
        
         
           Yet
           all
           Men
           are
           fallible
           ,
           and
           Parlaments
           may
           erre
           ,
           and
           do
           erre
           many
           times
           ;
           and
           therefore
           as
           commonly
           second
           Notions
           and
           second
           Thoughts
           are
           better
           ,
           and
           consequently
           second
           Judgements
           ,
           so
           there
           lies
           even
           an
           Appeale
           from
           the
           first
           Judgement
           in
           Parlament
           ,
           but
           it
           must
           be
           still
           to
           the
           Parlament
           ,
           as
           the
           Law
           Books
           say
           ,
           
             Error
             in
             Parliament
             convient
             estre
             reverse
             per
             Parlament
             ,
          
           that
           is
           in
           another
           Parlament
           ,
           or
           another
           Session
           ,
           not
           in
           the
           same
           .
        
         
         
           All
           this
           tends
           to
           shew
           ,
           that
           not
           onely
           the
           Right
           of
           Appeales
           is
           in
           the
           House
           of
           Lords
           ,
           but
           that
           neither
           can
           it
           be
           better
           any
           where
           else
           :
           Yet
           there
           is
           still
           one
           Point
           behind
           ,
           not
           yet
           treated
           of
           ,
           which
           must
           be
           cleared
           before
           I
           make
           an
           end
           ;
           and
           that
           is
           ,
           Whether
           the
           Lords
           may
           proceed
           upon
           an
           Appeale
           ,
           if
           a
           Member
           of
           the
           House
           of
           Commons
           be
           concerned
           :
           And
           the
           same
           question
           then
           may
           be
           moved
           concerning
           Writs
           of
           Error
           ,
           for
           if
           the
           Priviledge
           of
           that
           House
           extends
           to
           the
           one
           ,
           it
           must
           extend
           to
           the
           other
           ,
           the
           same
           reason
           being
           for
           both
           ,
           as
           likewise
           for
           the
           Lords
           not
           medling
           with
           any
           Business
           ,
           wherein
           any
           of
           their
           House
           is
           concerned
           .
        
         
           In
           the
           first
           place
           let
           us
           consider
           what
           the
           Usage
           hath
           been
           heretofore
           ,
           and
           what
           the
           Judicature
           of
           the
           House
           of
           Peers
           hath
           been
           ,
           and
           how
           exercised
           in
           relation
           to
           the
           House
           of
           Commons
           .
           That
           heretofore
           in
           the
           Antient
           times
           even
           till
           Henry
           the
           8
           th
           .
           when
           the
           House
           of
           Commons
           did
           need
           any
           thing
           ,
           either
           for
           repelling
           any
           Injury
           
           done
           to
           them
           ,
           and
           punishing
           those
           who
           had
           done
           it
           ;
           or
           for
           supplying
           them
           with
           any
           thing
           they
           wanted
           and
           desired
           for
           their
           advantage
           and
           well
           being
           ,
           they
           did
           then
           come
           and
           pray
           in
           the
           Aide
           of
           the
           Lords
           ,
           who
           did
           examine
           the
           particular
           Businesses
           ,
           and
           apply
           the
           necessary
           Remedies
           ,
           (
           they
           being
           altogether
           unable
           to
           help
           themselves
           )
           hath
           I
           think
           been
           sufficiently
           proved
           already
           in
           the
           former
           part
           of
           this
           Discourse
           .
        
         
           The
           Question
           is
           now
           ,
           as
           that
           was
           when
           they
           complained
           ,
           and
           when
           it
           was
           at
           their
           desire
           ,
           so
           if
           when
           others
           complained
           of
           them
           ,
           and
           sought
           remedy
           against
           them
           ,
           the
           Lords
           had
           then
           power
           to
           receive
           the
           Complaint
           ,
           and
           relieve
           the
           Party
           grieved
           ;
           Which
           questionless
           they
           had
           :
           Nor
           was
           it
           ever
           knowen
           that
           ever
           the
           House
           of
           Commons
           did
           before
           pretend
           to
           such
           a
           Priviledge
           ,
           as
           that
           their
           Members
           should
           be
           exempt
           from
           being
           put
           to
           answer
           in
           the
           House
           of
           Lords
           ,
           when
           any
           Sute
           was
           there
           commenced
           against
           them
           .
           16.
           
           R.
           2.
           n.
           6.
           
           Sir
           
             Philip
             Courtney
          
           being
           Knight
           for
           Devonshire
           ,
           presents
           himself
           
           to
           the
           House
           of
           Peers
           
             Disant
             coment
             il
             auoit
             entend●z
             que
             certeins
             gentz
             lui
             avoient
             accusez
             &
             esclandrez
             au
             Roi
             &
             as
             Seig
             rs
             .
             &c.
          
           Saying
           ,
           he
           heard
           he
           had
           been
           accused
           and
           slandered
           to
           the
           King
           and
           Lords
           of
           doeing
           great
           wrongs
           ,
           and
           prayed
           he
           might
           be
           discharged
           from
           serving
           in
           Parlament
           untill
           he
           was
           purged
           and
           cleared
           of
           them
           ,
           and
           the
           Record
           saith
           ,
           
             A
             cause
             que
             sa
             priere
             sembla
             au
             Roi
             &
             as
             Seig
             rs
             .
             honeste
             le
             Roi
             luy
             ottroya
             sa
             requeste
             &
             lui
             en
             dischargea
             ,
          
           because
           his
           Prayer
           seemed
           reasonable
           to
           the
           King
           and
           Lords
           ,
           the
           King
           did
           grant
           him
           his
           desire
           ,
           and
           discharged
           him
           of
           his
           attendance
           :
           This
           was
           upon
           the
           Wednesday
           ,
           the
           Monday
           after
           at
           the
           request
           of
           the
           Commons
           he
           was
           restored
           to
           his
           Place
           and
           good
           Name
           .
           That
           very
           Parlament
           he
           was
           again
           Petitioned
           against
           by
           
             Nicolas
             de
             Pontingdon
          
           for
           dispossessing
           him
           of
           the
           Mannor
           of
           Bygelegh
           ,
           upon
           pretence
           that
           Thomas
           his
           Father
           was
           a
           Bastard
           ;
           and
           by
           
             Richard
             Somestre
          
           likewise
           ,
           for
           dispossessing
           him
           of
           some
           Land
           in
           Thurverton
           ;
           he
           appears
           upon
           it
           ,
           and
           those
           Differences
           
           are
           referred
           to
           some
           Person
           there
           named
           to
           end
           them
           by
           a
           certaine
           time
           ,
           which
           it
           seems
           they
           could
           not
           doe
           ;
           for
           in
           4.
           
           H.
           4.
           
           I
           find
           Pontingdon
           petitioning
           still
           against
           him
           ,
           and
           making
           the
           same
           complaint
           of
           the
           same
           unjust
           act
           ,
           and
           then
           the
           Lords
           referre
           the
           Matter
           to
           be
           tried
           at
           Law
           ,
           but
           determine
           and
           appoint
           first
           what
           shall
           not
           be
           the
           Point
           in
           Issue
           ,
           (
           to
           wit
           a
           pretence
           of
           Sir
           
             Philip
             Courtneys
          
           of
           a
           Release
           made
           unto
           him
           by
           one
           
             Thomas
             Pontingdon
          
           a
           Parson
           ,
           )
           then
           they
           appoint
           what
           shall
           be
           in
           Issue
           ;
           to
           wit
           ,
           the
           Bastardy
           of
           Thomas
           the
           Father
           .
           The
           House
           of
           Commons
           it
           seems
           did
           not
           in
           those
           dayes
           find
           fault
           ,
           that
           a
           Business
           concerning
           a
           Member
           was
           by
           the
           Lords
           entertained
           ,
           and
           a
           Determination
           made
           in
           it
           ;
           and
           more
           ,
           that
           a
           Member
           should
           think
           himself
           unworthy
           and
           unfit
           to
           sit
           in
           the
           House
           of
           Commons
           ,
           because
           there
           was
           an
           Accusation
           brought
           into
           the
           Lords
           House
           against
           him
           ,
           and
           to
           make
           it
           his
           sute
           to
           the
           King
           and
           Lords
           to
           dispence
           with
           him
           from
           sitting
           ,
           till
           he
           was
           cleared
           ,
           and
           till
           that
           he
           stood
           
           right
           again
           in
           their
           good
           Opinions
           :
           The
           House
           of
           Commons
           did
           not
           then
           send
           him
           to
           the
           Tower
           for
           shewing
           his
           respect
           and
           deference
           to
           the
           House
           of
           Lords
           :
           So
           far
           from
           it
           ,
           that
           they
           come
           themselves
           ,
           Sutors
           to
           the
           King
           and
           Lords
           in
           his
           behalf
           ,
           and
           pray
           that
           he
           may
           be
           restored
           to
           his
           place
           in
           their
           House
           ,
           as
           likewise
           to
           his
           good
           Name
           ,
           and
           at
           their
           request
           the
           King
           and
           Lords
           doe
           it
           .
           There
           was
           not
           in
           those
           dayes
           the
           least
           question
           made
           ,
           nor
           the
           least
           difference
           between
           the
           two
           Houses
           upon
           on
           this
           score
           :
           Now
           ,
           Counsel
           has
           been
           pulled
           from
           the
           Bar
           in
           Westminster
           Hall
           ,
           and
           sent
           to
           the
           Tower
           for
           having
           but
           pleaded
           at
           the
           Lords
           Bar
           in
           a
           Cause
           ,
           wherein
           a
           Member
           of
           the
           House
           of
           Commons
           hath
           been
           concerned
           ,
           &
           the
           so
           doeing
           voted
           a
           Breach
           of
           their
           Priviledge
           ;
           which
           would
           not
           have
           been
           so
           thought
           heretofore
           ,
           as
           appears
           by
           this
           President
           .
           And
           there
           are
           other
           Presidents
           both
           Old
           and
           New
           ,
           which
           demonstrate
           the
           truth
           of
           what
           I
           say
           .
           3.
           
           R.
           2.24
           ,
           25.
           
           Iohn
           Earle
           of
           Pembrook
           ,
           and
           
             William
             le
             Zouch
          
           complaine
           in
           their
           
           Petition
           ,
           
             A
             lour
             tres
             redoute
             Seignor
             le
             Roy
             &
             as
             Seig
             rs
             .
             du
             Parlement
             ,
          
           that
           Sir
           
             Robert
             de
             Roos
          
           of
           Ingmarthorp
           ,
           and
           Thomas
           his
           Sonne
           sued
           them
           in
           Chancery
           ,
           and
           endeavoured
           to
           get
           a
           Tryall
           at
           the
           Assizes
           in
           the
           Countrey
           ,
           for
           some
           Lands
           settled
           upon
           them
           by
           their
           Kinsman
           
             William
             de
             Cantlow
          
           ,
           which
           Settlement
           Sir
           
             Robert
             Roos
          
           (
           they
           say
           )
           maintained
           to
           be
           otherwise
           then
           in
           truth
           it
           was
           ,
           and
           to
           be
           for
           the
           advantage
           of
           his
           Son
           ,
           by
           which
           means
           he
           would
           recover
           those
           Lands
           from
           them
           .
           The
           Lords
           refer
           the
           Business
           to
           three
           of
           the
           Judges
           ,
           who
           are
           to
           call
           all
           Parties
           before
           them
           ,
           to
           examine
           the
           Matter
           ;
           and
           to
           report
           it
           to
           the
           House
           :
           which
           they
           did
           ,
           and
           then
           delivered
           the
           Examinations
           and
           the
           Accompt
           of
           their
           proceedings
           in
           Writing
           to
           the
           Clerk
           of
           the
           Parlament
           .
           Sir
           
             Robert
             Roos
          
           was
           then
           Knight
           of
           the
           Shire
           for
           Yorkshire
           ,
           yet
           being
           Summoned
           appearred
           before
           those
           Judges
           ,
           who
           had
           order
           to
           Examine
           him
           ,
           and
           the
           Business
           which
           concerned
           him
           .
           5.
           
           R.
           2.
           n.
           61.
           
           Sir
           
             William
             de
             Eurcester
          
           and
           Margaret
           
           his
           Wife
           set
           forth
           in
           their
           Petition
           ,
           several
           eomplaints
           of
           the
           miscarriages
           and
           deceitful
           dealings
           of
           Sir
           
             Thomas
             Hungerford
          
           entrusted
           by
           them
           in
           many
           Businesses
           ;
           who
           had
           warning
           to
           put
           in
           his
           Answer
           ,
           
             Luy
             quiel
             Monsieur
             Thomas
          
           (
           saith
           the
           Record
           )
           
             vint
             en
             Parlement
             &
             en
             sa
             persone
             faisant
             primerment
             sa
             protestation
             de
             adjouster
             corriger
             &
             amender
             si
             embusoigneroit
             ,
             y
             fist
             sa
             responce
             &
             le
             mist
             avant
             en
             Parlement
             en
             escript
             en
             la
             forme
             que
             sensuyt
             ,
             La
             responce
             de
          
           Thomas
           Hungerford
           Chevalier
           ,
           &c.
           
           That
           is
           ,
           the
           said
           Sir
           Thomas
           came
           into
           Parlament
           in
           Person
           ,
           making
           first
           protestation
           ,
           to
           adde
           ,
           correct
           and
           amend
           as
           there
           would
           be
           need
           ,
           then
           put
           in
           his
           Answer
           in
           Writing
           in
           the
           forme
           following
           ,
           viz.
           The
           Answer
           of
           Sir
           
             Thomas
             Hungerford
          
           ,
           &c.
           
           He
           was
           then
           Knight
           for
           Sommersetshire
           .
           And
           this
           appears
           ,
           as
           well
           for
           him
           as
           for
           Sir
           
             Robert
             Roos
          
           ,
           (
           that
           they
           respectively
           served
           for
           those
           Counties
           )
           by
           the
           Writts
           
             de
             Expensis
             Militum
          
           ,
           which
           are
           in
           the
           Clause
           Rolls
           in
           the
           Tower
           for
           those
           Parlaments
           :
           The
           Journalls
           of
           Parlament
           say
           nothing
           of
           
           it
           ,
           nor
           can
           it
           be
           expected
           they
           should
           ,
           for
           the
           Names
           onely
           of
           the
           Persons
           and
           of
           their
           Business
           are
           there
           Recorded
           ,
           whether
           or
           no
           they
           were
           Members
           of
           Parlament
           is
           not
           mentioned
           ,
           nor
           taken
           notice
           of
           ,
           as
           not
           materiall
           ,
           nor
           no
           wayes
           altering
           the
           Case
           :
           Sir
           
             Philip
             Courtney
          
           indeed
           is
           in
           the
           Journal
           expressed
           to
           be
           Knight
           for
           Devon
           ,
           upon
           that
           special
           occasion
           of
           his
           coming
           up
           to
           the
           Lords
           House
           and
           desiring
           to
           be
           discharged
           his
           attendance
           till
           he
           was
           purged
           ,
           else
           neither
           had
           he
           been
           knowen
           to
           be
           so
           by
           the
           Record
           of
           the
           Journall
           .
        
         
           We
           may
           see
           that
           by
           the
           Journals
           now
           ;
           Where
           Mens
           Names
           are
           entred
           as
           there
           is
           occasion
           for
           it
           of
           Businesses
           in
           which
           they
           are
           concerned
           ,
           but
           never
           of
           their
           being
           or
           not
           being
           Parlament
           Men
           :
           Yet
           ,
           it
           being
           within
           our
           Memory
           ,
           we
           remember
           some
           ,
           as
           Sir
           
             Arthur
             Ingram
          
           21.
           
           
             Jac.
             May
          
           28.
           he
           was
           then
           a
           Member
           of
           the
           House
           of
           Commons
           ,
           yet
           one
           Mrs.
           
             Grizil
             Rogers
          
           petitions
           the
           House
           of
           Lords
           ,
           complaining
           how
           she
           was
           sued
           and
           vexed
           in
           several
           Courts
           by
           
           him
           and
           others
           there
           named
           for
           some
           Lands
           in
           Sommersetshire
           ,
           and
           she
           desires
           their
           Lordships
           to
           end
           those
           differences
           and
           to
           settle
           her
           Title
           ;
           Upon
           which
           there
           is
           a
           long
           Order
           made
           for
           that
           purpose
           ;
           every
           particular
           thing
           in
           question
           between
           them
           is
           determined
           ,
           and
           all
           Sutes
           are
           ordered
           to
           cease
           in
           those
           other
           Courts
           .
           In
           the
           Parlament
           of
           16.
           
           Car.
           1.
           
           Apr.
           6.
           
           Sir
           
             Robert
             Pye
          
           was
           a
           Member
           of
           the
           House
           of
           Commons
           ,
           and
           yet
           the
           Lady
           Dyer
           sets
           forth
           in
           her
           Petition
           to
           the
           Lords
           ,
           how
           he
           and
           one
           Mr.
           Button
           had
           extended
           Lands
           belonging
           to
           Sir
           
             Richard
             Tichburne
          
           at
           a
           far
           under-value
           ,
           so
           as
           she
           who
           had
           likewise
           a
           Judgement
           after
           theirs
           upon
           those
           Lands
           for
           a
           Debt
           oweing
           to
           her
           ,
           was
           in
           danger
           to
           lose
           it
           :
           The
           Lords
           order
           Counsell
           on
           both
           sides
           to
           agree
           upon
           drawing
           up
           Assurances
           for
           the
           satisfying
           of
           all
           Parties
           ,
           the
           Parties
           themselves
           to
           signe
           and
           seale
           them
           ,
           and
           so
           the
           Lady
           Dyer
           to
           be
           paid
           her
           Money
           .
        
         
           The
           House
           of
           Commons
           then
           found
           no
           fault
           with
           these
           Proceedings
           ,
           there
           was
           no
           Quarelling
           with
           the
           Lords
           ,
           nor
           
           questioning
           of
           their
           Jurisdiction
           ,
           no
           Vote
           for
           committing
           of
           those
           ,
           who
           petitioned
           for
           relief
           in
           a
           Cause
           against
           a
           Member
           ,
           no
           sending
           of
           Counsell
           to
           the
           Tower
           for
           pleading
           for
           their
           Clients
           at
           the
           Lords
           Bar
           ,
           no
           stop
           of
           the
           Current
           of
           Justice
           :
           It
           was
           then
           observed
           ,
           what
           the
           Wisdome
           of
           our
           Fore-Fathers
           had
           enjoyned
           Westminster
           the
           2
           
             d.
             Nemo
             recedat
             a
             Curia
             Regis
             sine
             remedio
          
           ;
           But
           ,
           if
           that
           should
           be
           allowed
           ,
           which
           is
           pretended
           ,
           and
           challenged
           by
           the
           House
           of
           Commons
           ,
           as
           their
           Priviledge
           ,
           if
           a
           Member
           of
           theirs
           be
           concerned
           ,
           though
           a
           Man
           have
           received
           never
           so
           hard
           measure
           ,
           though
           never
           so
           erroneous
           and
           unjust
           a
           Judgement
           have
           been
           given
           against
           him
           in
           any
           of
           the
           Courts
           of
           Westminster
           Hall
           ,
           (
           for
           there
           is
           the
           same
           reason
           for
           both
           ,
           for
           Writs
           of
           Error
           from
           a
           Court
           of
           Law
           ,
           as
           from
           Appeals
           from
           a
           Court
           of
           Equity
           ,
           if
           Priviledge
           of
           the
           Commons
           House
           ,
           exempts
           from
           the
           one
           ,
           it
           must
           exempt
           from
           the
           other
           )
           there
           is
           no
           help
           for
           him
           ,
           he
           must
           sit
           down
           ,
           and
           lay
           his
           hand
           upon
           his
           Mouth
           ,
           and
           not
           once
           whisper
           ,
           but
           must
           
           
             Recedere
             a
             Curia
             Regis
          
           and
           that
           the
           chief
           Court
           ,
           the
           supreame
           Court
           ,
           
             sine
             Remedio
          
           .
           So
           here
           is
           an
           absolute
           failer
           of
           Justice
           ,
           which
           as
           Sir
           
             Edward
             Cook
          
           saith
           ,
           the
           Law
           abhors
           .
        
         
           And
           as
           it
           seemes
           to
           me
           ,
           it
           is
           upon
           an
           irrational
           ground
           ;
           For
           here
           is
           Priviledge
           of
           Parlament
           against
           the
           Parlament
           it self
           ;
           which
           makes
           a
           Parlament
           
             Felo
             de
             se
          
           to
           give
           a
           Priviledge
           ,
           which
           enervates
           it's
           Power
           ,
           a
           Power
           which
           is
           proper
           and
           peculiar
           to
           Parlaments
           ,
           
             the
             Dernier
             Ressort
          
           ,
           by
           which
           it
           helps
           ,
           when
           no
           other
           Court
           can
           help
           ▪
           This
           is
           taken
           away
           ,
           and
           cannot
           exert
           it self
           ,
           when
           a
           Member
           of
           the
           House
           of
           Commons
           is
           concerned
           :
           Against
           the
           Rule
           of
           all
           Courts
           ,
           for
           in
           other
           Courts
           as
           Chancery
           ,
           Kings
           Bench
           ,
           Exchequer
           ,
           the
           Officers
           that
           belong
           to
           those
           Courts
           claime
           a
           Priviledge
           to
           be
           sued
           no
           where
           else
           ,
           but
           no
           Priviledge
           to
           free
           them
           ,
           that
           they
           shall
           not
           be
           sued
           in
           their
           own
           Courts
           :
           Now
           the
           House
           of
           Peers
           is
           a
           Court
           of
           Judicature
           ,
           as
           it
           is
           a
           Part
           of
           the
           Parlament
           ,
           
             Pars
             constituens
          
           of
           a
           Parlament
           ,
           and
           the
           Members
           of
           the
           
           House
           of
           Commons
           have
           Priviledge
           ,
           as
           they
           are
           Members
           of
           Parlament
           ,
           and
           as
           their
           House
           is
           the
           other
           
             Pars
             constituens
          
           of
           a
           Parlament
           ,
           for
           both
           together
           are
           
             Partes
             constituentes
             Parliamentum
          
           ,
           and
           both
           make
           but
           one
           Parlament
           ,
           though
           they
           be
           two
           several
           constituting
           Parts
           .
           And
           it
           is
           not
           rational
           to
           think
           that
           either
           of
           those
           Parts
           can
           be
           entituled
           to
           a
           Priviledge
           ,
           which
           shall
           abridge
           the
           other
           Part
           from
           doeing
           those
           Functions
           ,
           which
           are
           proper
           and
           natural
           to
           it
           .
           As
           if
           the
           House
           of
           Peers
           should
           assume
           to
           themselves
           a
           Priviledge
           ,
           that
           the
           House
           of
           Commons
           could
           not
           without
           their
           leave
           and
           consent
           first
           had
           ,
           propose
           the
           Raising
           of
           Moneys
           by
           way
           of
           Tax
           or
           Subsidy
           :
           This
           is
           against
           the
           nature
           and
           constitution
           of
           our
           Parlaments
           ,
           and
           therefore
           it
           cannot
           be
           imagined
           ,
           to
           be
           true
           ,
           that
           such
           a
           Priviledge
           can
           belong
           to
           the
           Lords
           ,
           by
           one
           that
           understands
           any
           thing
           of
           the
           Nature
           of
           Parlaments
           :
           And
           truely
           it
           is
           even
           as
           great
           an
           Absurdity
           to
           say
           ,
           that
           the
           House
           of
           Commons
           hath
           a
           Priviledge
           to
           give
           a
           stopp
           to
           the
           Lords
           proceeding
           
           in
           the
           hearing
           of
           a
           Cause
           ,
           as
           a
           Court
           of
           Judicature
           ,
           if
           one
           of
           their
           Members
           is
           concerned
           in
           it
           :
           For
           the
           hearing
           of
           Causes
           by
           way
           of
           Appeale
           or
           of
           Writ
           of
           Error
           ,
           is
           as
           proper
           and
           as
           natural
           to
           the
           House
           of
           Lords
           ,
           as
           a
           Bill
           of
           Subsidy
           to
           begin
           in
           the
           House
           of
           Commons
           ,
           is
           proper
           to
           that
           House
           .
        
         
           But
           I
           have
           heard
           it
           said
           ,
           that
           this
           would
           be
           destructive
           to
           the
           House
           of
           Commons
           ,
           if
           the
           Lords
           could
           compell
           their
           Members
           to
           appeare
           at
           their
           Barr
           ,
           and
           attend
           their
           Causes
           there
           ;
           and
           if
           they
           would
           not
           appear
           ,
           commit
           them
           ,
           as
           is
           the
           use
           of
           other
           Courts
           ;
           For
           ,
           say
           they
           ,
           as
           they
           commit
           one
           ,
           they
           may
           commit
           more
           ,
           and
           even
           fetch
           them
           all
           out
           of
           the
           House
           ,
           to
           leave
           none
           or
           not
           a
           number
           to
           attend
           the
           Service
           there
           .
           But
           first
           ,
           this
           is
           a
           mischief
           so
           unlike
           ever
           to
           happen
           ,
           that
           one
           need
           almost
           as
           little
           fear
           it
           ,
           as
           the
           Skie
           falling
           to
           kill
           all
           the
           Larks
           ,
           if
           it
           were
           so
           ,
           that
           they
           should
           take
           upon
           them
           to
           commit
           those
           that
           would
           not
           appeare
           and
           answer
           ;
           
           For
           it
           is
           not
           to
           be
           imagined
           ,
           that
           so
           many
           would
           be
           concerned
           in
           Appeals
           or
           Writs
           of
           Error
           at
           one
           time
           ,
           as
           that
           there
           would
           not
           be
           enough
           left
           to
           carry
           on
           the
           Business
           of
           the
           House
           ,
           since
           at
           most
           perhaps
           two
           or
           three
           in
           a
           whole
           Session
           may
           be
           concerned
           .
        
         
           And
           if
           so
           small
           a
           number
           should
           ,
           for
           their
           particular
           occasions
           ,
           which
           they
           cannot
           avoid
           ,
           being
           sued
           by
           others
           ,
           be
           kept
           for
           some
           few
           dayes
           from
           attending
           the
           Publick
           Service
           ,
           the
           Matter
           seems
           not
           so
           great
           ,
           since
           all
           along
           this
           Parlament
           for
           twelve
           or
           thirteen
           years
           together
           ,
           this
           House
           hath
           had
           the
           goodness
           to
           dispense
           still
           with
           the
           attendance
           of
           at
           least
           two
           hundred
           of
           their
           Members
           ,
           who
           have
           remained
           at
           their
           several
           Homes
           ,
           for
           their
           pleasure
           many
           ,
           all
           for
           their
           private
           occasions
           ,
           without
           coming
           at
           all
           to
           beare
           their
           parts
           of
           the
           Houses
           Service
           :
           This
           is
           more
           like
           to
           be
           an
           Inconvenience
           to
           that
           Service
           ,
           then
           if
           the
           Lords
           should
           commit
           two
           or
           three
           single
           Persons
           amongst
           them
           for
           not
           appearing
           
           upon
           Summons
           ,
           when
           they
           are
           sued
           before
           them
           .
        
         
           But
           none
           of
           this
           need
           be
           feared
           :
           For
           the
           House
           of
           Lords
           doth
           not
           pretend
           to
           a
           power
           of
           committing
           any
           Member
           of
           the
           House
           of
           Commons
           ,
           if
           they
           will
           not
           appear
           ,
           nor
           any
           Body
           else
           for
           not
           appearing
           ,
           or
           not
           answering
           being
           sued
           before
           them
           in
           a
           Civil
           Cause
           :
           If
           they
           will
           not
           appeare
           by
           themselves
           or
           by
           their
           Atturney
           ,
           and
           put
           in
           their
           Answer
           ,
           being
           lawfully
           Summoned
           ,
           and
           having
           no
           lawful
           Excuse
           for
           not
           doeing
           what
           is
           required
           of
           them
           ,
           and
           what
           they
           ought
           to
           do
           ,
           but
           will
           stand
           out
           in
           contempt
           of
           their
           Jurisdiction
           ,
           they
           will
           proceede
           to
           hear
           the
           Cause
           
             Ex
             parte
          
           ,
           and
           determine
           it
           ,
           as
           they
           did
           in
           the
           Case
           of
           the
           Deane
           and
           Chapter
           of
           St.
           Cedde
           in
           Lichfield
           ,
           and
           the
           Prior
           of
           Newport-Pannel
           upon
           a
           Writt
           of
           Error
           18.
           
           R.
           2.
           n.
           11
           ,
           12.
           &c.
           The
           Deane
           and
           Chapter
           had
           the
           Parlament
           before
           preferred
           a
           Petition
           ,
           
             An̄re
             S
             r.
             tres
             redoute
             le
             Roi
             &
             a
             les
             nobles
             S
             rs
             .
             de
             cest
             Parlement
             ,
          
           &c.
           complaining
           of
           a
           Judgement
           in
           the
           Kings
           
           Bench
           by
           which
           an
           Annuity
           of
           20
           Mark
           
             per
             ann
          
           .
           and
           an
           Arreare
           of
           an
           hundred
           ,
           which
           they
           had
           recovered
           in
           the
           Common
           Pleas
           ,
           was
           judged
           against
           them
           in
           the
           Kings
           Bench
           ,
           and
           had
           prayed
           a
           
             Scire
             facias
          
           for
           the
           Prior
           to
           appeare
           returnable
           this
           Parlament
           ,
           which
           was
           granted
           :
           And
           the
           Prior
           now
           
             Solempniter
             vocatus
             ,
             non
             venit
          
           ,
           being
           solemnly
           called
           appeared
           not
           :
           Whereupon
           the
           Record
           saith
           ,
           
             Decanus
             &
             Capitulum
             petierunt
             Iudicium
             Parliamenti
             ,
             &
             quod
             ob
             defaltam
             nunc
             Prioris
             procedatur
             ad
             examinationem
             Recordi
             &
             Processus
             praedicti
             Brevis
             de
             Errore
             ,
             Quod
             in
             Parliamento
             concessum
             est
             .
          
           The
           Dean
           and
           Chapter
           demand
           Judgement
           ,
           and
           that
           upon
           the
           Default
           of
           the
           Prior
           ,
           they
           will
           goe
           on
           to
           examine
           the
           Business
           ,
           which
           the
           Parlament
           granted
           .
           They
           do
           so
           ,
           and
           then
           give
           Judgement
           for
           the
           Dean
           and
           Chapter
           .
        
         
           And
           in
           truth
           there
           is
           all
           the
           Reason
           in
           the
           World
           it
           should
           be
           so
           ,
           that
           a
           Man
           ,
           who
           wilfully
           and
           contemptuously
           will
           refuse
           to
           appeare
           ,
           and
           will
           not
           stand
           
           to
           the
           Law
           ,
           should
           at
           least
           not
           receive
           benefit
           and
           advantage
           by
           his
           contempt
           and
           by
           his
           own
           default
           :
           Otherwise
           ,
           it
           is
           but
           not
           appearing
           ,
           and
           one
           is
           sure
           never
           to
           have
           any
           thing
           judged
           against
           him
           ;
           but
           he
           shall
           keep
           what
           ever
           he
           is
           once
           possest
           of
           ,
           right
           or
           wrong
           .
        
         
           Therefore
           the
           House
           of
           Commons
           need
           not
           fear
           being
           deprived
           of
           any
           of
           their
           Members
           for
           their
           being
           sued
           in
           the
           House
           of
           Peers
           ;
           their
           Persons
           are
           safe
           whether
           they
           appeare
           or
           no
           ;
           but
           that
           must
           not
           hinder
           the
           Lords
           doeing
           right
           to
           others
           ,
           who
           have
           to
           doe
           with
           those
           Members
           ,
           and
           have
           Cause
           to
           complaine
           of
           some
           Judgement
           given
           in
           their
           behalves
           in
           an
           Inferiour
           Court
           :
           so
           that
           Objection
           falls
           to
           the
           ground
           .
        
         
           Nor
           in
           truth
           have
           I
           heard
           any
           that
           is
           of
           weight
           ,
           to
           make
           me
           so
           much
           as
           hesitate
           in
           my
           Opinion
           of
           the
           truth
           of
           those
           Positions
           ,
           which
           I
           have
           ever
           believed
           to
           be
           most
           true
           ,
           and
           which
           I
           laid
           down
           at
           first
           to
           be
           the
           
           ground
           of
           which
           Discourse
           ,
           and
           this
           I
           have
           endeavoured
           to
           make
           out
           to
           the
           satisfaction
           of
           others
           ;
           As
           first
           ,
           That
           the
           Parlament
           is
           the
           Supreame
           Court
           of
           Judicature
           ,
           to
           Reforme
           and
           Redresse
           the
           failings
           of
           Inferiour
           Courts
           ,
           when
           either
           they
           delay
           Justice
           ,
           or
           give
           wrong
           Judgements
           .
           Secondly
           ,
           That
           this
           Jurisdiction
           is
           solely
           and
           singly
           in
           the
           House
           of
           Peers
           .
           Thirdly
           ,
           That
           the
           House
           of
           Peers
           exerciseth
           this
           Jurisdiction
           ,
           to
           the
           Reliefe
           of
           those
           who
           are
           Aggrieved
           and
           Complaine
           ,
           be
           it
           a
           Court
           of
           Law
           or
           a
           Court
           of
           Equity
           they
           complaine
           of
           .
           Fourthly
           ,
           That
           Members
           of
           the
           House
           of
           Commons
           are
           not
           more
           Exempt
           then
           others
           from
           this
           Jurisdiction
           ,
           when
           they
           are
           concerned
           in
           any
           Case
           that
           is
           complained
           of
           .
           Now
           whether
           or
           no
           I
           have
           performed
           what
           I
           undertooke
           ,
           and
           said
           that
           which
           will
           satisfie
           those
           who
           will
           be
           satisfied
           ,
           others
           must
           Judge
           :
           This
           onely
           I
           will
           be
           bold
           to
           affirme
           ,
           that
           in
           all
           I
           have
           said
           ,
           I
           have
           delivered
           the
           Truth
           ,
           and
           nothing
           but
           
           the
           Truth
           ,
           but
           perhaps
           not
           all
           that
           is
           Truth
           upon
           this
           Subject
           ;
           For
           I
           doubt
           not
           but
           much
           more
           may
           be
           said
           by
           those
           that
           know
           more
           then
           I
           doe
           ,
           and
           who
           are
           better
           skilled
           in
           the
           Antient
           Records
           of
           Parlament
           then
           I
           am
           ;
           yet
           I
           have
           said
           so
           much
           ,
           and
           am
           so
           much
           more
           confirmed
           in
           my
           former
           Opinion
           and
           Belief
           of
           this
           truth
           ,
           by
           looking
           a
           little
           further
           into
           it
           ,
           and
           examining
           it
           more
           narrowly
           ,
           then
           otherwise
           I
           should
           have
           done
           ,
           if
           it
           had
           not
           of
           late
           been
           questioned
           and
           strongly
           opposed
           ,
           that
           I
           shall
           be
           glad
           to
           heare
           what
           can
           be
           said
           against
           it
           ,
           and
           what
           reason
           can
           be
           alledged
           in
           maintenance
           of
           that
           Opposition
           ;
           Till
           when
           I
           shall
           rest
           ,
           heartily
           wishing
           Truth
           may
           prevaile
           ,
           and
           that
           to
           stand
           and
           be
           submitted
           unto
           ,
           which
           is
           agreeable
           to
           Justice
           ,
           Equity
           ,
           and
           the
           antient
           Usage
           and
           Custome
           of
           this
           Kingdome
           .
        
         
           FINIS
           .
        
      
    
     
       
         
           ERRATA
           .
        
         
           Page
           ,
           20.
           
           Line
           15.
           for
           defauce
           ,
           Read
           defaute
           ,
           and
           l.
           17.
           for
           forsement
           .
           1.
           fortement
           .
        
      
       
         
         
           Postscript
           .
        
         
           IN
           the
           citing
           of
           the
           Record
           of
           the
           Agreement
           between
           the
           King
           and
           Lords
           4.
           of
           E.
           3.
           mentioned
           pag.
           19.
           one
           passage
           in
           it
           may
           be
           thought
           to
           have
           been
           purposely
           omitted
           ,
           which
           truly
           was
           meer
           Inadvertency
           :
           and
           it
           seeming
           to
           restrain
           the
           Judicial
           Power
           of
           the
           Lords
           ,
           that
           it
           should
           not
           extend
           to
           the
           Judging
           of
           Commoners
           ,
           I
           have
           thought
           fit
           to
           insert
           it
           here
           .
           The
           words
           are
           these
           ;
           after
           saying
           ,
           That
           it
           was
           agreed
           between
           the
           King
           and
           Lords
           ,
           
             Qe
             les
             Pieres
             qores
             sont
             ,
             ou
             les
             Pieres
             que
             seront
             en
             temps
             auenir
             ne
             soient
             mes
             tenuz
             ne
             chargez
             a
             rendre
             jugements
             sur
             autres
             qe
             sur
             lur
             Pieres
             ,
          
           there
           is
           added
           ,
           
             Ne
             a
             ce
             faire
             mes
             eient
             les
             Pieres
             de
             la
             Terre
             poer
             ,
             eins
             de
             ce
             pur
             touz
             iours
             soient
             deschargez
             ,
             &
             quitez
             .
          
           That
           the
           Peeres
           of
           the
           Land
           may
           not
           have
           Power
           to
           
           doe
           this
           ,
           but
           that
           for
           ever
           they
           may
           be
           discharged
           and
           freed
           of
           it
           ,
           that
           was
           ,
           of
           Judging
           any
           but
           their
           Peeres
           .
           And
           if
           this
           had
           been
           an
           Act
           of
           Parlament
           ,
           which
           had
           passed
           both
           Houses
           ,
           and
           becomed
           a
           Law
           by
           having
           the
           Kings
           Assent
           to
           it
           ,
           no
           question
           the
           Lords
           had
           been
           bound
           up
           ;
           and
           without
           another
           Act
           of
           Parlament
           to
           Repeale
           this
           ,
           they
           could
           not
           have
           exercised
           that
           Jurisdiction
           ,
           which
           they
           have
           exercised
           ever
           since
           in
           all
           Parlaments
           ,
           and
           which
           those
           Lords
           themselves
           ,
           who
           made
           that
           Agreement
           and
           Bargaine
           with
           the
           King
           ,
           did
           afterwards
           exercise
           in
           that
           very
           Parlament
           ,
           in
           the
           Case
           of
           Sir
           
             Thomas
             de
             Bercley
          
           ,
           whom
           they
           Tried
           for
           the
           Murther
           of
           King
           Edward
           the
           2
           d.
           The
           truth
           is
           (
           as
           is
           before
           said
           in
           this
           Treatise
           )
           it
           was
           but
           a
           sudden
           effect
           of
           Passion
           ,
           and
           of
           an
           Indignation
           which
           they
           had
           conceived
           against
           themselves
           ,
           for
           what
           they
           had
           been
           forced
           by
           the
           King
           to
           do
           most
           unjustly
           ,
           in
           condemning
           the
           Earle
           of
           March
           ,
           and
           Sir
           
             Simon
             de
             Beresford
          
           to
           death
           without
           calling
           them
           to
           answer
           .
           Nor
           yet
           do
           they
           say
           ,
           they
           
           had
           not
           Power
           ,
           clean
           contrary
           ,
           it
           appears
           they
           had
           it
           ,
           for
           they
           desire
           that
           Power
           may
           be
           taken
           from
           them
           ,
           that
           neither
           they
           nor
           their
           Successors
           may
           have
           it
           for
           the
           future
           ,
           but
           then
           having
           it
           ,
           they
           could
           not
           by
           this
           act
           of
           theirs
           divest
           themselves
           of
           it
           .
           For
           nothing
           but
           a
           Law
           could
           doe
           that
           ,
           and
           it
           is
           cleare
           that
           this
           was
           none
           ,
           but
           meerely
           an
           Order
           of
           that
           House
           ,
           of
           which
           themselves
           were
           Masters
           ,
           (
           as
           the
           House
           is
           still
           of
           all
           it's
           Orders
           ,
           and
           may
           alter
           or
           revoke
           them
           as
           it
           pleaseth
           )
           and
           themselves
           it
           seems
           did
           revoke
           this
           Order
           ,
           for
           they
           afterwards
           in
           that
           very
           Parlament
           did
           the
           contrary
           in
           the
           Case
           of
           Sir
           
             Thomas
             de
             Barcley
          
           .
           But
           admit
           they
           had
           done
           so
           ,
           and
           that
           their
           Order
           had
           still
           continued
           in
           force
           as
           to
           them
           ,
           it
           could
           have
           no
           operation
           upon
           succeeding
           Parlaments
           to
           bind
           them
           .
           So
           as
           this
           Record
           cannot
           be
           said
           to
           be
           of
           any
           signification
           to
           impeach
           the
           Power
           of
           Judicature
           which
           is
           in
           the
           House
           of
           Lords
           ,
           no
           not
           in
           the
           least
           degree
           .
           But
           I
           was
           willing
           not
           to
           conceal
           any
           thing
           ,
           which
           hath
           but
           a
           semblance
           the
           other
           way
           :
           And
           indeed
           
           indeed
           the
           Truth
           will
           the
           better
           appear
           ,
           and
           be
           made
           the
           more
           clear
           and
           perspicuous
           ,
           by
           shewing
           the
           weakness
           of
           all
           that
           can
           be
           said
           against
           it
           .
        
         
           FINIS
           .
        
         
      
    
  

