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         Holles, Denzil Holles, Baron, 1599-1680.
      
       
         
           1679
        
      
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         99336
         
           
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             A letter of a gentleman to his friend, shewing that the bishops are not to be judges in Parliament in cases capital
             Holles, Denzil Holles, Baron, 1599-1680.
          
           [4], 119 p.
           
             s.n.],
             [London? :
             1679.
          
           
             Attributed to Denzil Hollis Holles. Cf. BLC.
             Page 119 is torn in filmed copy. Pages 100-end photographed from Cambridge University Library copy and inserted at end.
             Reproduction of original in Union Theological Seminary Library, New York.
          
        
      
    
     
       
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         eng
      
       
         
           England and Wales. -- Parliament. -- House of Lords.
           Church of England -- Bishops -- Temporal power.
        
      
    
     
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           A
           LETTER
           OF
           A
           Gentleman
           to
           his
           Friend
           ,
           Shewing
           that
           the
           BISHOPS
           Are
           not
           to
           be
           JUDGES
           IN
           PARLIAMENT
           IN
           CASES
           CAPITAL
           .
        
         
           Printed
           in
           the
           Year
           ,
           1679.
           
        
      
    
     
       
         
         
         
         
         
           
             SIR
             ,
          
        
         
           SInce
           you
           desire
           that
           I
           would
           let
           you
           know
           my
           opinion
           whether
           or
           no
           the
           Bishops
           may
           be
           present
           and
           Vote
           Judicially
           in
           Capital
           Cases
           which
           come
           to
           be
           Judged
           in
           Parliament
           ,
           either
           in
           giving
           the
           Judgment
           itself
           ,
           or
           in
           resolving
           and
           determining
           of
           any
           circumstance
           preparatory
           and
           leading
           to
           that
           Judgment
           ,
           I
           must
           tell
           you
           that
           this
           is
           now
           become
           
             Vexata
             Quaestio
             :
          
           The
           two
           Houses
           of
           Parliament
           having
           therein
           been
           of
           different
           Opinions
           ,
           the
           House
           of
           Peers
           declaring
           ,
           that
           the
           Lords
           Spiritual
           have
           a
           right
           to
           stay
           and
           sit
           in
           Court
           ,
           till
           the
           Court
           proceeds
           to
           the
           Vote
           of
           
             Guilty
          
           or
           
             Not
             Guilty
             ,
          
           and
           the
           House
           of
           Commons
           on
           the
           other
           side
           insisting
           ,
           That
           they
           ought
           not
           to
           have
           any
           Vote
           in
           
           the
           proceedings
           upon
           the
           Impeached
           Lords
           .
        
         
           And
           this
           Difference
           between
           the
           Houses
           having
           been
           the
           unhappy
           occasion
           of
           Proroguing
           the
           Parliament
           ,
           may
           seem
           to
           lay
           an
           obligation
           upon
           every
           good
           English
           man
           ,
           (
           if
           to
           me
           your
           satisfaction
           were
           not
           in
           the
           case
           )
           as
           to
           wish
           and
           pray
           heartily
           ,
           that
           these
           differences
           may
           be
           well
           composed
           ,
           that
           no
           more
           Remora's
           may
           be
           to
           obstruct
           the
           proceedings
           of
           Parliament
           ,
           but
           that
           the
           two
           Houses
           may
           joyn
           with
           His
           Majesty
           to
           settle
           this
           distracted
           Kingdom
           ,
           and
           agree
           upon
           ,
           then
           apply
           ,
           all
           necessary
           remedies
           (
           and
           strong
           ones
           they
           must
           be
           )
           for
           the
           prevention
           of
           those
           mischiefs
           ,
           which
           the
           Enemies
           of
           the
           Protestant
           Religion
           and
           of
           this
           Government
           had
           been
           long
           Contriving
           and
           Plotting
           against
           us
           ,
           and
           were
           now
           well
           nigh
           the
           atchieving
           and
           putting
           in
           Execution
           ,
           if
           God
           of
           his
           infinite
           Mercy
           had
           not
           looked
           upon
           us
           ,
           As
           this
           I
           say
           ought
           to
           be
           every
           mans
           wish
           and
           prayer
           ,
           so
           it
           cannot
           but
           incite
           every
           man
           to
           satisfie
           himself
           
           and
           others
           ,
           where
           the
           Right
           is
           ,
           and
           what
           he
           ought
           to
           have
           in
           his
           wishes
           :
           for
           that
           Right
           may
           prevail
           ,
           is
           the
           natural
           wish
           of
           every
           good
           man
           ,
           but
           good
           men
           many
           times
           differ
           in
           their
           apprehensions
           what
           is
           Right
           .
        
         
           Therefore
           it
           deserves
           a
           strict
           inquiry
           into
           the
           Practice
           of
           the
           Parliaments
           of
           former
           times
           in
           such
           matters
           ,
           and
           well
           to
           consider
           upon
           what
           ground
           the
           Prelates
           were
           prohibited
           having
           Votes
           there
           in
           Cases
           of
           Blood
           :
           For
           that
           is
           the
           Question
           now
           before
           us
           ,
           What
           was
           done
           heretofore
           ,
           and
           what
           is
           now
           to
           be
           done
           in
           Parliament
           ,
           that
           is
           to
           say
           in
           their
           Judicial
           way
           upon
           Tryals
           ,
           not
           in
           their
           Legislative
           capacity
           passing
           Acts
           of
           Attainder
           ,
           in
           which
           I
           know
           that
           Bishops
           have
           born
           a
           part
           ,
           but
           that
           is
           not
           now
           the
           question
           .
        
         
           Nor
           do
           I
           meddle
           with
           the
           General
           Question
           ,
           How
           far
           forth
           Clergy-men
           in
           Orders
           are
           forbidden
           having
           any
           thing
           to
           do
           with
           Secular
           matters
           :
           Nor
           what
           in
           that
           particular
           the
           Imperial
           Law
           requires
           ,
           as
           that
           Rescript
           of
           the
           Emperours
           
             Honorius
          
           and
           
             Theodosius
             ,
          
           
           which
           Enacts
           ,
           That
           Clergy-men
           shall
           have
           no
           communion
           with
           publick
           Functions
           ,
           or
           things
           appertaining
           to
           the
           Court
           ;
           Or
           the
           Decree
           of
           
             Iustinian
             ,
          
           That
           Bishops
           should
           not
           take
           upon
           them
           so
           much
           as
           the
           oversight
           of
           an
           Orphan
           ,
           nor
           the
           Proving
           of
           Wills
           ,
           saying
           it
           was
           a
           filthy
           thing
           crept
           in
           among
           them
           ,
           which
           appertained
           to
           the
           Master
           of
           his
           Revenue
           :
           Nor
           what
           our
           Common
           Law
           of
           
             England
          
           seems
           to
           allow
           or
           disallow
           ,
           having
           provided
           a
           special
           Writ
           in
           the
           Register
           upon
           occasion
           of
           a
           Master
           of
           an
           Hospital
           ,
           being
           it
           seems
           a
           Clergy-man
           ,
           and
           chosen
           an
           Officer
           in
           a
           Mannor
           to
           which
           that
           Hospital
           did
           belong
           ,
           saying
           it
           was
           
             Contra
             Legem
             &
             consuetudinem
             Regni
             ,
             &
             non
             consonum
             ,
             It
             was
             contrary
             to
             the
             Law
             and
             Custom
             of
             the
             Kingdom
             ,
             and
             not
             agreeable
             to
             reason
             ,
          
           That
           he
           who
           had
           Cure
           of
           Souls
           ,
           and
           should
           spend
           his
           time
           in
           Prayer
           and
           Church-Duties
           should
           be
           made
           to
           attend
           upon
           Secular
           Employments
           .
           I
           meddle
           not
           neither
           with
           what
           seems
           to
           be
           the
           Divine
           Law
           ,
           as
           having
           been
           the
           Practice
           of
           
           the
           Apostles
           ,
           and
           by
           them
           declared
           to
           be
           grounded
           upon
           Reason
           ,
           and
           to
           be
           but
           what
           in
           reason
           ought
           to
           be
           ,
           which
           was
           this
           ,
           
             That
             they
             should
             not
             leave
             the
             word
             of
             God
             and
             serve
             Tables
             ,
          
           though
           that
           was
           a
           Church-Office
           :
           and
           yet
           they
           say
           ,
           it
           is
           not
           reason
           we
           should
           do
           that
           ,
           for
           their
           work
           was
           the
           Ministry
           of
           the
           Word
           and
           Prayer
           ,
           much
           less
           then
           were
           they
           to
           be
           employed
           in
           Secular
           affairs
           .
        
         
           None
           of
           this
           I
           say
           is
           my
           business
           ,
           my
           task
           is
           only
           to
           inquire
           ,
           what
           the
           Law
           of
           Parliament
           is
           in
           this
           particular
           ,
           and
           what
           is
           so
           ,
           is
           the
           Law
           of
           the
           Land.
           And
           my
           method
           shall
           be
           ,
           to
           run
           through
           all
           the
           Parliaments
           that
           are
           upon
           the
           Rolls
           in
           the
           Tower
           ,
           and
           take
           notice
           of
           all
           the
           Tryals
           there
           Recorded
           ,
           as
           well
           in
           Cases
           Capital
           as
           in
           those
           that
           were
           not
           so
           ,
           and
           shew
           the
           difference
           in
           the
           Parliamentary
           proceedings
           upon
           them
           ,
           how
           the
           Bishops
           and
           Prelates
           did
           commonly
           joyn
           with
           the
           Temporal
           Lords
           in
           Judging
           such
           as
           were
           not
           Capital
           (
           and
           not
           yet
           always
           so
           ,
           when
           the
           Crimes
           were
           of
           a
           bigger
           
           magnitude
           )
           but
           never
           but
           once
           when
           the
           Accusation
           was
           for
           a
           Capital
           Crime
           ,
           which
           was
           in
           the
           Duke
           of
           
             Suffolks
          
           Case
           ,
           28.
           
           
             H.
          
           6.
           when
           the
           whole
           proceeding
           was
           so
           irregular
           and
           Unparliamentary
           ,
           as
           it
           is
           to
           be
           wondered
           at
           ,
           but
           certainly
           never
           to
           be
           followed
           ,
           it
           is
           like
           the
           Bird
           in
           the
           Poet
           ,
           
             Rara
             avis
             in
             terris
             ,
             nigroque
             simillima
             cygno
             ,
          
           as
           shall
           be
           shewed
           more
           particularly
           ,
           when
           I
           take
           it
           up
           in
           its
           Order
           ,
           as
           it
           is
           mentioned
           upon
           the
           Rolls
           .
           And
           so
           I
           come
           to
           my
           Narrative
           .
        
         
           4.
           
           
             E.
          
           3.
           
           
             Roger
             Mortimer
          
           Earl
           of
           
             March
             ,
          
           Sir
           
             Simon
             Bereford
             ,
          
           and
           others
           were
           Accused
           and
           Tryed
           in
           Parliament
           :
           And
           the
           Roll
           of
           that
           Parliament
           is
           so
           defaced
           ,
           as
           it
           cannot
           be
           read
           ;
           but
           28.
           
           
             E.
          
           3.
           
           
             Roger
          
           of
           
             Wigmore
          
           Cosin
           and
           Heir
           of
           that
           Earl
           of
           
             March
          
           desires
           that
           Attainder
           may
           be
           examined
           ;
           and
           by
           the
           whole
           proceedings
           there
           repeated
           ,
           it
           appears
           ,
           none
           of
           the
           Prelates
           were
           present
           ,
           the
           words
           are
           
             Dont
             le
             dit
             Sr.
             le
             Roi
             vous
             charge
             Countes
             ,
             Barons
             ,
             les
             Piers
             de
             son
             Roialme
             ,
             que
             de
             si
             come
             cestes
             choses
             
             touchent
             principalement
             ,
             a
             lui
             a
             vous
             &
             a
             tout
             le
             people
             de
             son
             Roialme
             que
             vous
             faciez
             au
             dit
             Roger
             droit
             &
             loial
             Iuggement
             come
             affiert
             a
             un
             tiel
             daver
             .
             Therefore
             our
             said
             Lord
             the
             King
             charges
             you
             ,
             who
             are
             Earls
             ,
             Barons
             the
             Peers
             of
             the
             Realm
             ,
             that
             as
             these
             things
             chiefly
             concern
             him
             and
             you
             and
             all
             the
             people
             of
             the
             Kingdom
             ,
             so
             you
             give
             upon
             the
             said
          
           Roger
           
             a
             right
             and
             legal
             Iudgment
             ,
             as
             it
             belongs
             to
             such
             a
             one
             to
             have
             :
          
           Then
           follows
           
             Les
             queux
             Countes
             ,
             Barons
             &
             Piers
             les
             articles
             par
             eux
             examinez
             revindrent
             ,
             &c.
             
             Which
             Earls
             ,
             Barons
             and
             Peers
             ,
             having
             examined
             the
             Articles
             returned
             ,
             &c.
             
          
           And
           gave
           the
           Judgment
           ,
           which
           was
           ,
           that
           they
           should
           suffer
           death
           :
           The
           Bishops
           cannot
           be
           understood
           to
           be
           comprized
           here
           under
           the
           general
           name
           of
           Peers
           ,
           since
           the
           Barons
           are
           first
           in
           rank
           ,
           and
           besides
           they
           cannot
           pretend
           to
           be
           Peers
           of
           the
           Realm
           .
        
         
           5.
           
           
             E.
          
           3.
           
           The
           Parliament
           was
           declared
           to
           be
           called
           for
           the
           redress
           of
           the
           breach
           of
           the
           Laws
           and
           of
           the
           Peace
           of
           the
           
           Kingdom
           .
           
             Et
             pur
             ce
             que
             a
             vis
             feust
             a
             les
             ditz
             Prelatz
             quil
             ne
             attenoit
             pas
             proprement
             a
             eux
             de
             conseiler
             du
             garde
             de
             la
             pees
             ,
             ne
             de
             chastiement
             des
             tielx
             malueis
             ,
             si
             alexent
             mesmes
             les
             Prelatz
             ,
             &c.
             
             And
             because
             the
             Prelates
             were
             of
             opinion
             that
             it
             belonged
             not
             properly
             to
             them
             to
             give
             Counsel
             about
             keeping
             the
             Peace
             nor
             punishing
             such
             evils
             ,
             they
             went
             away
             by
             themselves
             ,
          
           and
           they
           returned
           no
           more
           .
           
             Et
             les
             ditz
             Countes
             ,
             Barones
             &
             autres
             Grantz
             per
             eux
             mesmes
             .
             And
             the
             said
             Earls
             ,
             Barons
             and
             other
             great
             ones
             went
             by
             themselves
             ,
          
           and
           these
           return
           ,
           and
           by
           the
           mouth
           of
           the
           Lord
           
             Beaumont
          
           declare
           their
           opinions
           ,
           what
           was
           to
           be
           done
           ,
           Commissioners
           to
           be
           appointed
           in
           every
           County
           of
           the
           best
           men
           (
           
             des
             plus
             grantz
          
           )
           they
           to
           be
           
             Gardeins
             de
             mesme
             le
             Comte
             ,
             Guardians
             or
             Conservators
             of
             the
             County
             .
          
           These
           Commissions
           afterwards
           brought
           into
           Parliament
           ,
           were
           read
           and
           approved
           by
           
             Nostre
             Sr.
             le
             Roi
             ,
             les
             Countes
             ,
             Barons
             ,
             &
             autres
             Grantz
             ,
             our
             Lord
             the
             King
             ,
             the
             Earls
             ,
             Barons
             ,
             and
             other
             
             great
             ones
             ,
          
           no
           Bishops
           ,
           so
           much
           as
           to
           hear
           the
           Commissions
           read
           ,
           because
           they
           were
           to
           enquire
           into
           all
           Crimes
           ,
           as
           well
           Capital
           as
           other
           ,
           the
           Prelates
           must
           have
           no
           hand
           in
           it
           .
        
         
           In
           the
           same
           Parliament
           Sir
           
             Iohn
             Grey
          
           and
           Sir
           
             Will
             de
             la
             Zouch
          
           had
           quarrelled
           in
           the
           Kings
           presence
           ,
           Sir
           
             Iohn
          
           had
           
             mis
             mein
             au
             cotel
             laid
             his
             hand
             upon
             his
             Sword
             ,
          
           they
           had
           been
           imprisoned
           ,
           and
           the
           business
           brought
           into
           Parliament
           ,
           
             Le
             Roi
             chargea
             de
             par
             la
             bouche
             le
             dit
             Mr.
             Geffrey
             le
             Scrope
             toutzles
             Countes
             ,
             Barons
             &
             autre
             Grantz
             en
             les
             foies
             &
             ligeances
             queulx
             ils
             devoient
             au
             Roi
             de
             lui
             conseiller
             ce
             quil
             devoit
             faire
             de
             si
             grand
             excesse
             fait
             en
             sa
             presance
             .
             The
             King
             by
             the
             mouth
             of
             Sir
          
           Geffrey
           Scrope
           
             charged
             all
             the
             Earls
             ,
             Barons
             ,
             and
             other
             great
             ones
             in
             their
             Faith
             and
             Allegiance
             ,
             which
             they
             ow
             him
             ,
             to
             give
             him
             Counsel
             ,
             what
             he
             ought
             to
             do
             upon
             such
             an
             exorbitancy
             committed
             in
             his
             presence
          
           ;
           they
           go
           and
           consider
           of
           it
           ,
           acquit
           
             Zouch
             ,
          
           judge
           
             Grey
          
           to
           Prison
           :
           here
           were
           no
           Bishops
           neither
           ,
           to
           Judge
           so
           much
           as
           of
           a
           Battery
           .
        
         
         
           25.
           
           
             E.
          
           3.
           
           The
           proceedings
           and
           Judgment
           of
           death
           against
           Sir
           
             Will.
             de
             Thorp
          
           Chief
           Justice
           ,
           for
           Bribery
           ,
           were
           brought
           into
           Parliament
           ,
           which
           the
           King
           caused
           to
           be
           read
           
             Overtement
             devaut
             les
             Grantz
             de
             Parlement
             pur
             saver
             ent
             lour
             avys
             ,
             &
             examine
             sur
             ceo
             chescun
             aprez
             autre
             si
             sembla
             a
             eux
             toutz
             ,
             &c.
             
             To
             be
             read
             openly
             before
             the
             Grantz
             ,
             the
             great
             men
             ,
             of
             Parliament
             to
             have
             their
             advice
             upon
             it
             ,
             and
             being
             all
             asked
             one
             after
             another
             ,
             it
             seemed
             to
             them
             all
             ,
          
           that
           they
           were
           very
           just
           ,
           
             Et
             sur
             ceo
             il
             fut
             accorde
             par
             les
             Grantz
             de
             mesme
             le
             Parlement
             ,
             que
             si
             nul
             autre
             tiel
             cas
             aveigne
             que
             nostre
             Sr.
             Le
             Roi
             preigne
             lui
             des
             Grantz
             que
             lui
             plairra
             ,
             pur
             per
             lour
             bon
             a
             vis
             faire
             ceo
             que
             pleise
             a
             sa
             Roiale
             Seignurie
             ,
             Vpon
             this
             it
             was
             agreed
             by
             those
             Grantz
             ,
             those
             Great
             men
             ,
             of
             the
             Parliament
             ,
             that
             if
             any
             such
             other
             case
             should
             happen
             ,
             our
             Lord
             the
             King
             might
             take
             any
             one
             of
             those
             Grantz
             those
             Great
             men
             ,
             whom
             he
             should
             please
             ,
             to
             do
             by
             their
             good
             advice
             what
             he
             should
             think
             good
             .
          
           It
           cannot
           be
           understood
           any
           Bishops
           were
           
           here
           under
           the
           name
           of
           
             Grantz
             ,
          
           and
           to
           be
           of
           the
           number
           of
           those
           whom
           the
           King
           should
           take
           to
           assist
           and
           advise
           him
           in
           such
           other
           Judgments
           of
           death
           for
           the
           time
           to
           come
           ,
           if
           occasion
           were
           ,
           which
           could
           be
           no
           employment
           for
           Bishops
           ,
           being
           to
           give
           Judgments
           of
           death
           .
        
         
           42.
           
           
             E.
          
           3.
           
           Sir
           
             Iohn
             de
             Lee
          
           Steward
           of
           the
           Kings
           House
           charged
           with
           several
           misdemeanors
           ,
           the
           Record
           saith
           ,
           
             Et
             apres
             manger
             vindrent
             les
             Prelats
             ,
             Dues
             ,
             Countes
             ,
             Barons
             ,
             &
             ascuns
             des
             Cōes
             &
             illoeques
             feust
             fait
             venir
             Mr.
             Iohn
             de
             Lee
             ,
          
           &c.
           
           
             And
             after
             they
             had
             eaten
             ,
             the
             Prelats
             ,
             Dukes
             ,
             Earls
             ,
             Barons
             and
             some
             of
             the
             Commons
             came
             ,
             and
             Sir
          
           John
           de
           Lee
           
             was
             fetcht
             thither
             ,
             &c.
             
          
           The
           business
           was
           there
           heard
           ,
           and
           he
           was
           sent
           to
           prison
           .
           Here
           the
           Prelats
           were
           present
           ,
           for
           the
           Crime
           was
           not
           Capital
           .
        
         
           50.
           
           
             E.
          
           3.
           
           Several
           persons
           are
           accused
           even
           by
           the
           Commons
           for
           misdemeanors
           ,
           and
           the
           Bishops
           present
           at
           their
           Trials
           and
           Judgments
           ,
           as
           
             Richard
             Lyons
             ,
          
           who
           had
           been
           Farmer
           of
           the
           Customs
           ;
           the
           Lord
           
             Latimer
             ,
          
           who
           was
           
           the
           Kings
           Chamberlain
           ,
           for
           Oppression
           in
           several
           places
           in
           
             Britain
          
           and
           in
           
             England
             ,
          
           he
           was
           by
           the
           Bishops
           and
           Lords
           adjudged
           to
           be
           imprisoned
           ,
           and
           put
           to
           Fine
           and
           Ransom
           ;
           and
           then
           the
           Commons
           desired
           ,
           
             he
             might
             lose
             all
             his
             Offices
             ,
             and
             no
             longer
             be
             of
             the
             Kings
             Council
             ,
          
           which
           the
           King
           granted
           .
           (
           Yet
           after
           this
           ,
           51.
           
           
             E.
          
           3.
           at
           the
           request
           of
           the
           Commons
           themselves
           ,
           he
           was
           restored
           to
           all
           ,
           and
           declared
           innocent
           ,
           which
           I
           take
           notice
           of
           by
           the
           way
           .
           )
           At
           this
           Parlament
           of
           50.
           
           
             William
             Ellis
          
           of
           
             Yarmouth
             ,
          
           as
           privy
           and
           accessary
           to
           the
           misdemeanors
           of
           
             Lyons
             ;
             Iohn
             Peach
          
           of
           
             London
             ,
          
           for
           getting
           a
           Monopoly
           of
           sweet
           Wines
           ;
           the
           Lord
           
             Iohn
             Nevil
             ,
          
           a
           Privy
           Counsellor
           ,
           for
           buying
           some
           debts
           due
           by
           the
           King
           at
           easie
           prizes
           ,
           to
           make
           advantage
           to
           himself
           :
           At
           all
           these
           Trials
           the
           Bishops
           were
           present
           ,
           and
           no
           body
           says
           but
           they
           might
           .
        
         
           1.
           
           
             R.
          
           2.
           
           
             William
             de
             Weston
          
           and
           
             Iohn
             de
             Gomenitz
          
           were
           tried
           for
           surrendring
           Towns
           and
           Castles
           in
           
             Flanders
          
           to
           the
           Kings
           Enemies
           ;
           they
           had
           put
           in
           their
           
           Answers
           ,
           
             Friday
             Nov.
          
           22.
           
           
             Saturday
          
           they
           are
           brought
           to
           the
           Parlament
           ,
           and
           Sir
           
             Richard
             le
             Scrope
             ,
          
           Steward
           of
           the
           Kings
           House
           ,
           
             A
             commandement
             de
             Seigneurs
             avant-ditz
             ,
             By
             the
             command
             of
             the
             Lords
             aforesaid
             ,
          
           told
           them
           ,
           That
           the
           foresaid
           Lords
           ,
           (
           and
           the
           Record
           tells
           you
           who
           those
           Lords
           were
           ,
           )
           
             cest
             assavoir
             ,
          
           to
           wit
           ,
           the
           Duke
           of
           
             Lancaster
             ,
          
           the
           Earls
           of
           
             Cambridge
             ,
             March
             ,
             Arundel
             ,
             Warwick
             ,
             Stafford
             ,
             Suffolk
             ,
             Salisbury
          
           and
           
             Northumberland
             ,
          
           and
           the
           Lord
           
             Nevil
             ,
          
           Lord
           
             Clifford
             ,
             &
             plusours
             autres
             Seigneurs
             ,
             Barons
             &
             Bannerettes
             esteants
             au
             dit
             Parlement
             savoient
             assemblez
             &
             avisez
             ,
             Many
             other
             Lords
             ,
             Barons
             and
             Bannerets
             being
             in
             the
             said
             Parliament
             had
             met
             and
             advised
             upon
             it
             ,
          
           from
           the
           time
           they
           had
           put
           in
           their
           Answers
           ,
           and
           found
           they
           were
           not
           satisfactory
           ;
           and
           then
           gave
           sentence
           ,
           saying
           ,
           that
           those
           Lords
           had
           adjudged
           them
           to
           death
           :
           first
           
             Weston
          
           was
           called
           ,
           and
           this
           said
           to
           him
           ,
           and
           then
           
             Gomenitz
             :
          
           Here
           was
           none
           of
           the
           Prelats
           named
           ,
           and
           it
           cannot
           be
           imagined
           they
           should
           be
           under
           
           the
           general
           expression
           
             &
             autres
             Seignieurs
             ,
             Barons
             &
             Bannerettes
             ,
             And
             other
             Lords
             ,
             Barons
             and
             Bannerets
             ,
          
           after
           the
           naming
           of
           two
           Barons
           ,
           for
           if
           there
           had
           been
           Bishops
           ,
           they
           would
           have
           been
           named
           before
           them
           .
           Observe
           likewise
           ,
           that
           no
           Bishops
           were
           present
           from
           the
           time
           that
           the
           Prisoners
           Answers
           came
           in
           ,
           to
           have
           Vote
           ,
           and
           determine
           concerning
           any
           part
           of
           their
           Answer
           ,
           Pardon
           or
           whatever
           they
           had
           pleaded
           .
        
         
           In
           the
           same
           Parliament
           ,
           and
           the
           very
           next
           thing
           upon
           the
           Roll
           is
           the
           Case
           of
           
             Alice
             Perrers
             ,
          
           accused
           for
           breach
           of
           an
           Ordinance
           made
           50
           
             E.
          
           3.
           against
           Womens
           medling
           with
           State
           Affairs
           ,
           there
           the
           Record
           saith
           ,
           that
           she
           was
           ,
           
             Fait
             venir
             devant
             les
             Prelats
             &
             les
             Seignieurs
             du
             Parlement
             pour
             y
             respondre
             ,
             Made
             to
             come
             before
             the
             Prelats
             and
             the
             Lords
             of
             the
             Parliament
             to
             make
             answer
          
           ;
           and
           then
           follows
           ,
           
             Et
             sur
             ceo
             par
             commandement
             des
             Prelats
             &
             Seignieurs
             le
             dit
             Mr.
             Richard
             le
             Scrope
             ,
             rehercea
             l'Ordonance
             ,
             And
             then
             by
             the
             command
             of
             
             the
             Prelates
             and
             Lords
             ,
             the
             said
             Sir
          
           Richard
           le
           Scrope
           
             rehearsed
             the
             Ordinance
             .
          
           And
           then
           she
           was
           heard
           to
           the
           particulars
           with
           which
           she
           was
           charged
           ,
           and
           at
           last
           was
           adjudged
           to
           be
           banished
           ,
           and
           forfeit
           her
           Estate
           .
        
         
           Observe
           in
           the
           Trial
           of
           
             Weston
          
           and
           
             Gomenitz
             ,
          
           that
           only
           those
           Temporal
           Lords
           there
           named
           ,
           had
           met
           and
           considered
           of
           the
           Answers
           put
           in
           by
           them
           ,
           as
           preparatory
           for
           the
           Trial
           and
           Judgment
           ,
           and
           no
           Bishop
           present
           there
           :
           And
           here
           in
           the
           Trial
           of
           
             Alice
             Perrers
             ,
          
           which
           followed
           immediately
           after
           ,
           it
           is
           particularly
           expressed
           ,
           that
           they
           were
           present
           ,
           and
           did
           Vote
           and
           Judge
           as
           far
           forth
           as
           the
           Lords
           Temporal
           .
        
         
           3
           
             R.
          
           2.
           
           The
           two
           Merchants
           that
           had
           killed
           
             Iohn
             Imperial
             ,
          
           a
           Publick
           Minister
           sent
           from
           
             Genoa
             ,
          
           an
           Act
           of
           Parliament
           passed
           to
           make
           it
           Treason
           ,
           the
           Bishops
           had
           no
           Vote
           in
           the
           passing
           of
           this
           Act
           ;
           the
           Record
           saith
           ,
           
             Fait
             a
             remembrer
             que
             cest
             darrein
             Ait
             issint
             faite
             si
             fust
             fait
             par
             les
             Iustices
             en
             presence
             du
             Roy
             ,
             &
             des
             Seigneurs
             Temporelz
             en
             ce
             Parlement
             ,
          
           Memorandum
           ,
           
             that
             
             this
             last
             Act
             so
             made
             was
             drawn
             by
             the
             Iudges
             in
             the
             presence
             of
             the
             King
             and
             the
             Lords
             Temporal
             in
             this
             Parliament
             .
          
           They
           were
           not
           so
           much
           as
           present
           when
           the
           Judges
           were
           in
           the
           preparing
           of
           it
           .
        
         
           4
           
             R.
          
           2.
           
           Sir
           
             Ralph
             de
             Ferrers
          
           arrested
           by
           the
           Duke
           of
           
             Lancaster
          
           upon
           suspicion
           of
           Treason
           ,
           for
           holding
           intelligence
           with
           the
           
             French
             ,
          
           brought
           into
           Parliament
           ,
           and
           there
           tried
           ;
           
             Semblast
             as
             Seigneurs
             du
             Parlement
             que
             le
             dit
             Mr.
             Rauf
             estoit
             innocent
             :
             It
             seemed
             to
             the
             Lords
             of
             the
             Parliament
             that
             Sir
          
           Ralph
           
             was
             innocent
             .
          
           Can
           any
           man
           think
           the
           Bishops
           were
           there
           ,
           and
           comprised
           under
           the
           general
           expression
           of
           
             les
             Seigneurs
             du
             Parlement
             ?
          
           When
           they
           were
           present
           ,
           it
           is
           always
           particularly
           expressed
           ,
           as
           in
           
             Alice
             Perrers
          
           Case
           ,
           1
           
             R.
          
           2.
           and
           all
           those
           questioned
           and
           punished
           for
           misdemeanors
           50
           
             E.
          
           3.
           the
           Lord
           
             Latimer
          
           and
           
             Lyosn
             ,
          
           &c.
           
           
             Alice
             Perrers
          
           was
           
             Fait
             venir
             devant
             les
             Prelats
             &
             Seigneurs
             du
             Parlement
             ,
             was
             made
             to
             come
             before
             the
             Prelates
             and
             Lords
             of
             Parliament
          
           ;
           They
           were
           Judged
           by
           the
           Bishops
           and
           Lords
           ,
           the
           Record
           saith
           .
        
         
         
           7
           
             R.
          
           2.
           
           The
           Bishop
           of
           
             Norwich
             ,
          
           who
           had
           undertaken
           an
           expedition
           into
           
             France
          
           and
           not
           performed
           the
           conditions
           ,
           was
           charged
           with
           several
           miscarriages
           and
           misdemeanours
           in
           his
           employment
           ,
           and
           one
           crime
           capital
           ,
           which
           was
           betraying
           
             Graveling
          
           to
           the
           
             French
          
           for
           10000
           Franks
           in
           Gold
           ,
           of
           which
           yet
           he
           cleared
           himself
           :
           Yet
           that
           being
           in
           for
           one
           of
           his
           charges
           ,
           none
           of
           the
           Bishops
           were
           present
           at
           his
           Trial
           ,
           but
           
             Michael
             de
             la
             Pool
          
           gave
           this
           Judgment
           at
           the
           last
           ,
           
             Le
             Roi
             nostre
             Sr.
             a
             bien
             entendu
             ce
             que
             vous
             a
             vez
             dit
             ,
             &
             ent
             a
             eu
             bone
             deliberation
             avec
             les
             Srs.
             Temporalz
             &
             semble
             au
             Roi
             &
             as
             Srs.
             Temporalz
             avant-ditz
             ,
             que
             vos
             responses
             ne
             sont
             rien
             a
             propos
             ,
             Parquoy
             del
             assent
             des
             Countes
             ,
             Barons
             &
             autres
             Srs.
             Temporelz
             en
             cest
             Parlement
             est
             assentuz
             &
             accordez
             que
             vous
             soiez
             en
             la
             merci
             le
             Roy
             ,
             &
             mis
             a
             fin
             &
             a
             raunceon
             ,
             Our
             Lord
             the
             King
             hath
             well
             heard
             what
             you
             have
             said
             ,
             and
             hath
             with
             his
             Lords
             Temporal
             well
             considered
             of
             it
             ,
             and
             it
             seems
             to
             him
             ,
             and
             to
             the
             
             Lords
             Temporal
             aforesaid
             ,
             that
             your
             answers
             are
             nothing
             to
             the
             purpose
             ,
             Therefore
             by
             the
             consent
             of
             the
             Earls
             ,
             Barons
             ,
             and
             other
             Lords
             Temporal
             in
             this
             Parlement
             ,
             it
             is
             agreed
             that
             you
             shall
             be
             at
             the
             Kings
             mercy
             ,
             and
             put
             to
             fine
             and
             ransom
             .
          
        
         
           The
           Chancellor
           likewise
           gave
           judgment
           in
           the
           same
           way
           that
           Parliament
           on
           Sir
           
             William
             de
             Elmham
             ,
          
           Sir
           
             Thomas
             Trivet
             ,
          
           and
           others
           for
           giving
           up
           Holds
           and
           Fortresses
           ,
           and
           taking
           money
           for
           them
           .
        
         
           10
           
             R.
          
           2.
           
           
             Michael
             de
             la
             Pool
          
           Lord
           Chancellor
           was
           accused
           by
           the
           Commons
           for
           several
           misdemeanors
           
             devant
             le
             Roi
             ,
             Prelatz
             &
             Seigneurs
             ,
             Before
             the
             King
             ,
             Prelates
             ,
             and
             Lords
             .
          
           Here
           the
           Prelates
           are
           Judges
           of
           misdemeanors
           together
           with
           the
           other
           Lords
           .
        
         
           11.
           
           
             R.
          
           2.
           
           The
           five
           Lords
           Appellants
           ,
           the
           Duke
           of
           
             Gloucester
             ,
          
           Earls
           of
           
             Derby
             ,
             Arundel
             ,
             Worcester
             ,
          
           and
           Earl
           Marshal
           making
           their
           Protestations
           ,
           that
           what
           they
           attempted
           touching
           their
           Appeals
           was
           for
           the
           honour
           of
           God
           ,
           safety
           of
           the
           King
           ,
           the
           Realm
           ,
           and
           their
           
           own
           Lives
           ,
           The
           Archbishop
           of
           
             Canterbury
          
           for
           himself
           and
           the
           whole
           Clergy
           of
           his
           Province
           entred
           a
           Protestation
           ,
           and
           the
           Bishops
           of
           
             Durham
          
           and
           
             Carlisle
          
           did
           the
           like
           ;
           That
           they
           absented
           themselves
           from
           Parliament
           ,
           in
           regard
           such
           matters
           were
           to
           be
           there
           agitated
           ,
           but
           with
           a
           
             Salvo
          
           to
           their
           right
           :
           Which
           some
           will
           have
           to
           be
           understood
           of
           a
           right
           to
           be
           present
           even
           when
           those
           matters
           were
           in
           agitation
           ,
           and
           that
           it
           was
           only
           upon
           some
           prudential
           consideration
           that
           they
           did
           withdraw
           :
           But
           this
           could
           no
           ways
           be
           their
           meaning
           ,
           but
           they
           protested
           their
           having
           a
           right
           to
           sit
           and
           Vote
           in
           Parliament
           upon
           all
           other
           occasions
           in
           the
           general
           ,
           Though
           upon
           that
           occasion
           they
           might
           not
           be
           present
           .
           The
           words
           of
           their
           Protestation
           make
           it
           evident
           :
           
             Nos
             Willielmus
             Cant.
             Archi-Episcopus
             pro
             nobis
             &
             suffraganeis
             Coepiscopis
             ,
          
           &c.
           
             protestamur
             quod
             intendimus
             &
             intendi
             volumus
             in
             hoc
             presenti
             Parlemento
             &
             aliis
             interesse
             ,
             consulere
             ,
             tractare
             ,
             statuere
             ,
             &
             definire
             ,
          
           &c.
           
           
             ac
             cetera
             exercere
             cum
             ceteris
             jus
             interessendi
             habentibus
             in
             omnibus
             in
             eisdem
             statu
             &
             ordine
             nostro
             semper
             salvis
             :
             Uerum
             quia
             in
             presenti
             Parliamento
             agitur
             de
             nonnullis
             materiis
             in
             quibus
             non
             licet
             nobis
             alicui
             eorum
             juxta
             sacrorum
             Canonum
             instituta
             quomodolibet
             personaliter
             interesse
             ,
             eo
             propter
             potestamur
             quod
             non
             intendimus
             nec
             volumus
             sicuti
             de
             Iure
             non
             possumus
             nec
             debemus
             ,
             dum
             de
             hujusmodi
             materiis
             agitur
             vel
             agetur
             quomodolibet
             interesse
             ,
             sed
             nos
             penitus
             absentare
             ,
          
           &c.
           
           
             We
          
           William
           
             Archbishop
             of
          
           Canterbury
           
             for
             our selves
             ,
             our
             Suffragans
             and
             fellow
             Bishops
             protest
             ,
             that
             we
             do
             intend
             ,
             and
             will
             be
             thought
             so
             to
             do
             ,
             to
             be
             present
             in
             this
             and
             other
             Parliaments
             to
             consult
             ,
             treat
             of
             ,
             and
             determine
             ,
          
           &c.
           
             and
             do
             other
             things
             together
             with
             others
             ,
             who
             have
             right
             to
             be
             here
             ,
             in
             all
             matters
             ,
             our
             state
             and
             order
             always
             saved
             unto
             us
             entire
             in
             the
             same
             .
             But
             because
             in
             this
             Parliament
             some
             matters
             will
             be
             agitated
             ,
             at
             any
             one
             of
             which
             by
             the
             institutions
             of
             the
             holy
             
             Canon
             Law
             we
             cannot
             be
             personally
             present
             ,
             we
             do
             therefore
             protest
             ,
             that
             we
             intend
             not
             ,
             nor
             will
             not
             ,
             as
             by
             the
             Law
             we
             ought
             not
             ,
             nor
             can
             we
             in
             in
             any
             sort
             be
             present
             ,
             whilst
             any
             of
             those
             matters
             are
             in
             debate
             ,
             or
             coming
             into
             debate
             :
             but
             we
             will
             absent
             our selves
             altogether
             ,
          
           &c.
           
           It
           is
           plain
           by
           the
           Record
           ,
           that
           what
           they
           will
           have
           to
           be
           
             Salvum
          
           to
           them
           is
           their
           sitting
           and
           acting
           
             consulere
             ,
             &
             tractare
             ,
             &
             statuere
             ,
             To
             consult
             ,
             treat
             of
             ,
             and
             determine
          
           in
           that
           and
           all
           other
           Parliaments
           ,
           when
           such
           matters
           are
           not
           in
           question
           :
           But
           for
           such
           matters
           they
           say
           ,
           
             Non
             licet
             alicui
             eorum
             personaliter
             interesse
             ,
          
           And
           
             de
             jure
             non
             possumus
             nec
             debemus
             interesse
             ▪
             It
             is
             not
             lawful
             to
             be
             present
             in
             person
             at
             any
             of
             them
             ,
             and
             rightly
             we
             cannot
             ,
             nor
             ought
             not
             to
             be
             present
             .
          
           Can
           it
           then
           be
           thought
           they
           should
           lay
           claim
           to
           any
           right
           ,
           to
           what
           they
           say
           
             Non
             licet
             de
             jure
             non
             possumus
             nec
             debemus
             ,
             It
             is
             not
             lawful
             ,
             and
             by
             right
             we
             cannot
             ,
             nor
             ought
             not
             ?
          
           And
           to
           say
           ,
           their
           meaning
           was
           ,
           that
           by
           the
           Law
           of
           the
           Land
           or
           Custom
           of
           Parliament
           they
           might
           ,
           and
           that
           it
           was
           
           only
           the
           Canon
           Law
           which
           hindred
           them
           ,
           can
           have
           little
           colour
           ,
           for
           the
           Canon
           Law
           was
           to
           them
           above
           all
           Laws
           ,
           and
           what
           was
           forbidden
           by
           that
           Law
           they
           could
           not
           have
           a
           thought
           ,
           that
           it
           could
           in
           any
           sort
           be
           lawful
           for
           them
           to
           challenge
           ,
           as
           their
           right
           ,
           upon
           any
           account
           .
        
         
           It
           is
           further
           observable
           here
           ,
           that
           they
           profess
           
             Quod
             de
             jure
             non
             possumus
             nec
             debemus
             ,
             dum
             de
             hujusmodi
             materiis
             agitur
             vel
             agetur
             quomodolibet
             interesse
             ,
          
           that
           is
           ,
           
             all
             the
             time
             that
             such
             matters
             are
             in
             agitation
          
           ;
           there
           is
           no
           exception
           of
           Preliminaries
           ,
           and
           Preparatories
           ,
           and
           of
           being
           present
           and
           having
           vote
           during
           all
           the
           debate
           ,
           till
           the
           pronouncing
           of
           Sentence
           ,
           for
           it
           is
           
             Dum
             de
             hujusmodi
             materiis
             agitur
             vel
             agetur
             ,
          
           the
           whole
           time
           from
           the
           beginning
           to
           the
           ending
           ,
           and
           when
           such
           businesses
           are
           to
           come
           on
           ,
           that
           is
           ,
           when
           they
           are
           going
           upon
           them
           ,
           and
           when
           they
           begin
           .
           And
           then
           consider
           the
           close
           of
           this
           Record
           ,
           
             Quelle
             Protestation
             leve
             en
             plein
             Parlement
             ,
             al
             instance
             &
             
             priere
             du
             dit
             Ercevesque
             &
             les
             autres
             Prelatz
             susditz
             ,
             est
             enrolle
             ,
             ycy
             en
             Rolle
             du
             Parlement
             per
             commandement
             du
             Roy
             ,
             &
             assent
             des
             Seigneurs
             Temporelz
             &
             Comunes
             ,
             Which
             Protestation
             being
             read
             in
             full
             Parliament
             ,
             at
             the
             instant
             desire
             of
             the
             Archbishop
             and
             other
             the
             Prelates
             aforesaid
             ,
             is
             entred
             upon
             the
             Parliament
             Roll
             ,
             by
             the
             Kings
             command
             ,
             with
             the
             assent
             of
             the
             Lords
             Temporal
             and
             Commons
             .
          
           Which
           is
           all
           the
           formality
           of
           passing
           Laws
           in
           Parliament
           ,
           that
           was
           used
           in
           those
           times
           ,
           Which
           was
           only
           to
           have
           it
           entred
           in
           the
           Roll
           or
           Journal
           Book
           ,
           that
           such
           a
           thing
           was
           agreed
           upon
           by
           the
           King
           and
           the
           two
           Houses
           ,
           then
           it
           was
           drawn
           into
           the
           form
           of
           a
           Law
           afterwards
           by
           the
           Justices
           and
           Kings
           Council
           ,
           when
           the
           Parliament
           was
           risen
           .
           So
           as
           whatever
           was
           the
           Law
           before
           ,
           if
           it
           were
           only
           the
           Canon
           Law
           ,
           it
           is
           now
           come
           to
           be
           the
           Law
           and
           rule
           of
           Parliament
           ,
           and
           the
           Law
           of
           the
           Land
           ;
           but
           in
           truth
           it
           was
           so
           before
           ,
           and
           was
           always
           so
           .
        
         
         
           20.
           
           
             R.
          
           2.
           
           
             Thomas
             Haxey
          
           Clerk
           had
           preferred
           a
           Bill
           in
           the
           House
           of
           Commons
           for
           regulating
           the
           outragious
           expences
           of
           the
           Kings
           House
           ,
           particularly
           of
           Bishops
           and
           Ladies
           ,
           
             De
             la
             multitude
             d'
             Evesques
             &
             lour
             meignee
             &
             aussi
             de
             plusours
             Dames
             &
             lour
             meignee
             qui
             demeurnt
             en
             l
             hostel
             du
             Roy
             ,
             &
             sont
             a
             ses
             coustages
             ,
             Of
             the
             many
             Bishops
             ,
             and
             their
             company
             ,
             and
             also
             of
             many
             Ladies
             and
             their
             company
             ,
             that
             live
             in
             the
             Kings
             House
             ,
             and
             at
             his
             charge
             .
          
           The
           King
           being
           exceedingly
           moved
           at
           this
           ,
           some
           Bishops
           and
           Lords
           were
           sent
           to
           the
           Commons
           to
           let
           them
           know
           it
           ,
           and
           to
           enquire
           who
           had
           made
           that
           complaint
           ;
           the
           Commons
           delivered
           the
           Bill
           ,
           and
           his
           name
           who
           had
           exhibited
           it
           .
           
             Haxey
          
           was
           for
           this
           tried
           and
           adjudged
           a
           Traitor
           ,
           and
           condemned
           to
           death
           for
           it
           .
           Which
           Judgment
           by
           the
           way
           was
           most
           unjust
           ,
           and
           would
           not
           only
           have
           shaken
           ,
           but
           wholly
           destroyed
           the
           very
           foundation
           of
           Parliament
           ,
           deterring
           all
           men
           from
           representing
           there
           ,
           and
           seeking
           redress
           of
           any
           
           grievance
           publick
           or
           private
           ,
           had
           it
           continued
           in
           force
           and
           unquestioned
           ,
           but
           1.
           
           
             H.
          
           4.
           it
           was
           complained
           of
           as
           erroneous
           and
           
             Encontre
             droit
             ,
             &
             la
             course
             qui
             avoit
             este
             devant
             en
             Parlementz
             ,
             Against
             right
             ,
             and
             the
             course
             of
             Parliaments
          
           ;
           and
           therefore
           
             Nostre
             Sr.
             le
             Roi
             del
             a
             viz
             ,
             &
             assent
             de
             toutz
             les
             Srs.
             Spirituelx
             &
             Temporelx
             ad
             ordeignez
             &
             adjuggez
             ,
             que
             le
             dit
             Iuggement
             soit
             du
             tout
             cassez
             ,
             reversez
             ,
             repellez
             ,
             adnullez
             &
             tenuz
             de
             nul
             force
             n'effect
             ,
             Our
             Lord
             the
             King
             by
             the
             advice
             and
             consent
             of
             all
             the
             Lords
             Spiritual
             and
             Temporal
             hath
             ordained
             and
             adjudged
             that
             the
             said
             Iudgment
             be
             wholly
             quashed
             ,
             reversed
             ,
             repealed
             ,
             made
             null
             ,
             and
             held
             to
             be
             of
             no
             force
             nor
             effect
             .
          
           So
           this
           Judgment
           is
           damned
           with
           Bell
           ,
           Book
           and
           Candle
           (
           one
           may
           say
           )
           and
           at
           this
           the
           Lords
           Spiritual
           were
           present
           ,
           and
           had
           vote
           ,
           but
           not
           at
           the
           trial
           and
           condemnation
           of
           
             Haxey
             ,
          
           as
           appears
           by
           the
           Record
           ,
           which
           saith
           ,
           
             Fait
             a
             remembrer
             que
             mosquerdi
             aprez
             la
             Chandelure
             maintenant
             aprez
             le
             Iugement
             rendu
             devers
          
           Thomas
           Haxey
           
           
             Clere●que
             fust
             ajuggez
             eu
             Parlement
             a
             la
             mort
             come
             Traitour
             vindrent
             devant
             le
             Roy
             en
             Parlement
             ovek
             grand
             humilite
             l'
             Ercevesque
             de
             Cantirbirs
             &
             toutz
             les
             autres
             Preiatz
             ▪
             &
             luy
             prierent
             de
             sa
             grace
             avoir
             pitie
             &
             merci
             du
             dit
          
           Thomas
           
             &
             de
             remitter
             l'
             execution
             ,
          
           Memorandum
           ,
           
             that
             the
             Wednesday
             after
          
           Candlemas
           
             day
             immediately
             after
             that
             Iudgment
             was
             given
             upon
          
           Thomas
           Haxey
           
             Clerk
             ,
             who
             was
             in
             Parliament
             judged
             to
             die
             as
             a
             Traitor
             ,
             the
             Archbishop
             of
          
           Canterbury
           
             and
             all
             the
             other
             Prelates
             came
             with
             great
             humility
             before
             the
             King
             in
             the
             Parliament
             ,
             and
             besought
             his
             Grace
             to
             have
             pity
             and
             compassion
             on
             the
             said
          
           Thomas
           ,
           
             and
             to
             remit
             his
             execution
             ,
             which
             the
             King
             granted
             .
          
           So
           we
           see
           ,
           that
           after
           the
           Judgment
           given
           in
           Parliament
           ,
           the
           Bishops
           immediately
           came
           into
           the
           Parliament
           ,
           to
           beg
           for
           his
           pardon
           ,
           which
           shews
           they
           were
           not
           there
           before
           .
        
         
           21.
           
           
             R.
          
           2.
           
           The
           Commons
           impeached
           
             Thomas
             Arundel
          
           Archbishop
           of
           
             Canterbury
          
           of
           high
           Treason
           ,
           and
           desired
           he
           
           should
           be
           put
           into
           safe
           custody
           ;
           it
           was
           answered
           ,
           that
           because
           it
           touched
           
             si
             haut
             personne
             ,
             so
             high
             a
             person
             ,
          
           the
           King
           would
           be
           advised
           .
           Afterwards
           they
           come
           and
           pray
           that
           Judgment
           may
           be
           given
           according
           to
           their
           Impeachment
           and
           accusation
           of
           him
           ,
           
             Sur
             quoy
             nostre
             dit
             Sr.
             le
             Roy
             ,
             &
             toutz
             le
             Srs.
             Temporelz
             ,
             &
             Mr.
          
           Thomas
           le
           Percy
           
             eiant
             poair
             sufficient
             de
             les
             Prelatz
             &
             Clergie
             du
             Roialme
             d'
             Engleterre
             come
             piert
             de
             record
             en
             le
             dit
             Parlement
             adjuggerent
             &
             declarerent
             cest
             Article
             conuz
             per
             le
             dit
             Ercevesque
             pur
             Traison
             ,
             &
             le
             dit
             Ercevesque
             pur
             Traitour
             ,
             &
             sur
             ce
             est
             agarde
             quil
             soit
             banni
             &
             ses
             Temporaltees
             seisis
             en
             main
             le
             Roy
             ,
             Whereupon
             our
             said
             Lord
             the
             King
             ,
             and
             all
             the
             Temporal
             Lords
             ,
             and
             Sir
          
           Thomas
           le
           Percy
           
             being
             sufficiently
             empowered
             from
             the
             Prelates
             and
             Clergy
             of
             the
             Kingdom
             of
          
           England
           
             as
             appears
             upon
             Record
             in
             Parliament
             ,
             judged
             and
             declared
             this
             Article
             acknowledged
             by
             the
             said
             Archbishop
             to
             be
             Treason
             ,
             and
             the
             said
             Archbishop
             to
             be
             a
             Traitor
             ,
             and
             thereupon
             
             awarded
             him
             to
             be
             banished
             and
             his
             Temporalties
             to
             be
             seised
             into
             the
             Kings
             hands
             :
          
           Here
           the
           Bishops
           were
           not
           present
           in
           person
           ,
           but
           Sir
           
             Thomas
             le
             Percy
             ,
          
           as
           their
           Procurator
           and
           Proctor
           authorised
           by
           them
           ,
           may
           be
           said
           to
           represent
           them
           ;
           and
           so
           he
           did
           ,
           but
           yet
           it
           shews
           that
           the
           Bishops
           as
           Bishops
           and
           Clergy
           men
           could
           not
           be
           there
           in
           their
           persons
           ,
           and
           that
           rather
           than
           they
           should
           be
           there
           present
           such
           an
           unusual
           thing
           should
           be
           admitted
           ,
           as
           that
           one
           Layman
           ,
           who
           else
           was
           no
           Peer
           nor
           had
           place
           in
           the
           House
           of
           Peers
           to
           vote
           there
           ,
           should
           be
           chosen
           by
           them
           ,
           to
           have
           all
           their
           Proxies
           put
           together
           and
           united
           in
           him
           ;
           to
           be
           disposed
           of
           by
           him
           as
           he
           should
           think
           good
           .
           For
           it
           was
           never
           done
           ,
           but
           in
           this
           one
           Parliament
           ,
           there
           never
           was
           in
           no
           Parliament
           before
           or
           after
           such
           a
           Procuratorship
           or
           Proxy
           given
           .
           And
           in
           this
           Parliament
           of
           21.
           
           
             R.
          
           2.
           it
           was
           thrice
           done
           ,
           first
           here
           to
           Sir
           
             Thomas
             Percy
             ,
          
           then
           the
           Parliament
           being
           adjourned
           to
           
             Shrewsbury
             ,
          
           it
           was
           there
           given
           ,
           it
           seems
           by
           vote
           only
           ,
           to
           
             William
             
             le
             Scrope
          
           Earl
           of
           
             Wilts
             ,
          
           for
           the
           words
           are
           
             Sur
             ce
             les
             ditz
             Prelatz
             &
             Clergie
             nomerent
             &
             ordenerent
             en
             Parlement
             per
             bouche
          
           William
           le
           Scrope
           
             Conte
             de
          
           Wilts
           ,
           
             commettant
             &
             donant
             a
             luy
             pleine
             poair
             aussi
             avant
             &
             en
             manere
             come
             feust
             comys
             a
             Mr.
          
           Thomas
           le
           Percy
           
             per
             devant
             ,
             Hereupon
             the
             said
             Prelates
             and
             Clergy
             named
             and
             appointed
             in
             Parliament
             by
             word
             of
             mouth
          
           William
           le
           Scrope
           
             Earl
             of
          
           Wilts
           ,
           
             and
             gave
             him
             the
             same
             power
             ,
             as
             full
             and
             in
             the
             same
             manner
             ,
             as
             before
             had
             been
             granted
             unto
             Sir
          
           Thomas
           le
           Percy
           .
           Now
           ,
           
             Percy
          
           had
           it
           by
           Commission
           enrolled
           ;
           which
           happily
           was
           to
           make
           it
           more
           authentick
           ,
           because
           he
           was
           but
           a
           Commoner
           .
           The
           third
           time
           it
           was
           done
           ,
           was
           in
           the
           business
           between
           the
           two
           Dukes
           of
           
             Hereford
          
           and
           
             Norfolk
             ,
          
           when
           by
           this
           Parliament
           sitting
           then
           at
           
             Shrewsbury
             ,
          
           that
           whole
           matter
           was
           referred
           to
           the
           King
           ,
           to
           be
           by
           him
           determined
           by
           the
           advice
           of
           certain
           Lords
           and
           Commoners
           there
           named
           ,
           and
           to
           them
           were
           joyned
           the
           Earls
           of
           
             Worcester
          
           and
           
             Wilts
          
           Procurators
           
           for
           the
           Clergy
           .
           This
           I
           must
           say
           argues
           a
           great
           unanimity
           in
           the
           voting
           of
           the
           Prelates
           ,
           which
           it
           seems
           hath
           ever
           been
           ,
           but
           I
           must
           say
           it
           was
           most
           Unparliamentary
           ,
           never
           practiced
           ,
           but
           in
           that
           one
           Parliament
           of
           the
           21.
           
           
             R.
          
           2.
           which
           whole
           Parliament
           is
           repealed
           ,
           and
           all
           it
           did
           Nulled
           ,
           and
           made
           Void
           by
           Act
           of
           Parliament
           1.
           
           
             H.
          
           4.
           so
           as
           it
           cannot
           be
           urged
           as
           a
           Precedent
           to
           infer
           any
           thing
           upon
           it
           ,
           nor
           can
           it
           make
           any
           thing
           to
           prove
           a
           right
           in
           the
           Bishops
           of
           being
           personally
           present
           in
           matters
           of
           that
           nature
           ,
           but
           rather
           in
           my
           opinion
           strongly
           the
           contrary
           :
           And
           one
           thing
           more
           would
           be
           observed
           ,
           which
           is
           ,
           that
           it
           seems
           by
           the
           Record
           ,
           that
           the
           whole
           Clergy
           of
           
             England
          
           joyned
           in
           making
           this
           Proctor
           ,
           and
           not
           only
           the
           Prelates
           ,
           who
           were
           Members
           of
           the
           House
           of
           Peers
           ,
           which
           seems
           very
           strange
           .
           But
           more
           than
           all
           this
           ,
           whatever
           was
           done
           this
           Parliament
           signifies
           nothing
           ,
           the
           whole
           Parliament
           stands
           repealed
           by
           1.
           
           
             H.
          
           4.
           and
           all
           done
           in
           it
           declared
           Null
           and
           Void
           .
        
         
           1.
           
           
             H.
          
           4.
           
           The
           Commons
           had
           desired
           
           that
           Sir
           
             William
             Rikhill
             ,
          
           (
           who
           had
           been
           a
           Judge
           in
           the
           
             Common
             Pleas
             ,
          
           and
           had
           been
           sent
           by
           
             R.
          
           2.
           to
           
             Calais
          
           to
           take
           the
           Confession
           of
           the
           Duke
           of
           
             Glocester
             ,
          
           who
           soon
           after
           was
           there
           murthered
           )
           might
           be
           put
           to
           answer
           upon
           what
           account
           he
           did
           it
           :
           He
           was
           under
           arrest
           for
           it
           ;
           and
           was
           brought
           into
           Parliament
           before
           the
           King
           and
           the
           two
           Houses
           ,
           the
           Lords
           Spiritual
           and
           Temporal
           ,
           and
           the
           Commons
           then
           assembled
           together
           :
           The
           whole
           matter
           was
           examined
           ,
           the
           conclusion
           was
           ,
           saith
           the
           Record
           ,
           
             Sur
             ceo
             chascun
             Sr
             Temporel
             esteant
             en
             plein
             Parlement
             examine
             severalment
             sur
             la
             response
             du
             dit
          
           William
           ,
           
             dit
             quil
             avoit
             fait
             loyalnent
             &
             quil
             ny
             avoit
             en
             luy
             aucun
             coupe
             ,
             Hereupon
             every
             Lord
             Temporal
             being
             in
             full
             Parliament
             severally
             asked
             concerning
             the
             answer
             of
             the
             said
          
           William
           ,
           
             said
             he
             had
             carried
             himself
             Loyally
             ,
             and
             that
             he
             had
             committed
             no
             fault
             .
          
           There
           was
           no
           charge
           ,
           no
           impeachment
           against
           him
           ,
           so
           the
           Bishops
           might
           be
           ,
           and
           were
           present
           at
           his
           examination
           ,
           as
           the
           Commons
           also
           were
           ,
           
           but
           they
           must
           have
           no
           hand
           in
           giving
           any
           Judgment
           upon
           it
           ,
           because
           it
           might
           have
           been
           a
           preparatory
           to
           an
           Accusation
           and
           an
           Impeachment
           ,
           if
           he
           had
           not
           given
           so
           good
           satisfaction
           ,
           as
           it
           seems
           he
           did
           in
           the
           account
           he
           gave
           of
           his
           employment
           .
        
         
           That
           Parliament
           
             Iohn
             Hall
          
           a
           Servant
           of
           the
           Duke
           of
           
             Norfolk's
             ,
          
           who
           had
           helped
           to
           murther
           the
           Duke
           of
           
             Glocester
          
           at
           
             Calais
          
           was
           tried
           before
           the
           King
           and
           the
           Lords
           Temporal
           :
           The
           Record
           saith
           ,
           
             Il
             sembla
             au
             Roy
             &
             a
             toutz
             les
             Srs.
             Temporels
             quil
             avoit
             deservi
             davoir
             si
             dure
             mort
             come
             la
             Ley
             luy
             pourroit
             donner
             ,
             Et
             sur
             ceo
             toutz
             les
             Srs.
             Temporelz
             per
             assent
             du
             Roy
             adjuggerent
             quil
             seroit
             treinez
             del
          
           Tower-hill
           
             jusques
             a
             les
             fourkes
             de
          
           Tyburn
           ,
           &c.
           
           
             It
             seemed
             to
             the
             King
             and
             to
             all
             the
             Temporal
             Lords
             that
             he
             deserved
             as
             cruel
             a
             death
             as
             the
             Law
             could
             inflict
             :
             And
             hereupon
             all
             the
             Temporal
             Lords
             with
             the
             assent
             of
             the
             King
             gave
             Iudgment
             that
             he
             should
             be
             drawn
             from
          
           Tower-hill
           
             to
             the
             Gallows
             at
          
           Tyburn
           ,
           &c.
           
             there
             to
             be
             hanged
             ,
          
           &c.
           
        
         
         
           2
           
             H
          
           4.
           
           The
           first
           Writ
           
             de
             Haeretico
             comburendo
          
           was
           agreed
           upon
           only
           by
           the
           Lords
           Temporal
           ,
           it
           was
           in
           the
           Case
           of
           
             William
             Santre
             ,
          
           (
           our
           St.
           
             Stephen
             ,
          
           the
           Protomartyr
           of
           
             England
             ,
          
           )
           the
           Record
           is
           ,
           
             Item
             cest
             Mesquerdy
             un
             Brief
             fust
             fait
             as
             Meir
             &
             Uiscountz
             de
          
           Londres
           
             per
             advis
             des
             Srs.
             Temporelx
             en
             Parlement
             de
             faire
             execution
             de
          
           William
           Sautre
           ,
           
             Item
             this
             Wednesday
             a
             Writ
             was
             framed
             ,
             by
             the
             advice
             of
             the
             Lords
             Temporal
             in
             Parliament
             ,
             directed
             to
             the
             Mayor
             and
             Sheriffs
             of
          
           London
           
             for
             the
             execution
             of
          
           William
           Sautre
           .
           I
           doubt
           not
           but
           the
           Bishops
           and
           Clergy
           of
           those
           times
           were
           the
           chief
           promoters
           of
           this
           ,
           though
           not
           appearing
           to
           be
           Actors
           in
           it
           :
           Which
           yet
           would
           not
           have
           been
           a
           direct
           condemnation
           of
           him
           ,
           as
           his
           Judges
           ,
           nor
           any
           thing
           to
           be
           determined
           by
           them
           tending
           to
           his
           conviction
           ,
           but
           only
           an
           advice
           given
           to
           the
           King
           to
           make
           it
           his
           Act
           under
           the
           Broad
           Seal
           to
           order
           his
           execution
           ;
           yet
           they
           then
           were
           not
           to
           have
           a
           hand
           even
           in
           a
           matter
           of
           this
           nature
           .
        
         
         
           The
           same
           Parliament
           the
           Earls
           of
           
             Kent
             ,
             Huntington
             ,
          
           and
           
             Salisbury
             ,
          
           the
           Lord
           
             le
             Despencer
             ,
          
           and
           Sir
           
             Ralph
             Lumley
             ,
          
           who
           for
           levying
           War
           against
           the
           King
           had
           been
           taken
           and
           executed
           ,
           were
           by
           the
           Lords
           Temporal
           declared
           and
           adjudged
           Traitors
           ,
           and
           their
           Estates
           to
           be
           forfeited
           ,
           the
           names
           of
           the
           Lords
           that
           made
           this
           Declaration
           ,
           and
           gave
           this
           Judgment
           are
           there
           set
           down
           ,
           the
           Prince
           of
           
             Wales
          
           the
           first
           ,
           and
           the
           Lord
           
             le
             Scroope
          
           the
           last
           ,
           five
           and
           twenty
           in
           all
           ;
           Not
           a
           Bishop
           amongst
           them
           ,
           so
           much
           as
           to
           declare
           and
           judge
           it
           a
           Treason
           ,
           though
           the
           persons
           who
           had
           committed
           it
           were
           dead
           before
           :
           So
           as
           it
           seems
           they
           must
           not
           have
           a
           hand
           neither
           in
           the
           Antecedent
           ,
           what
           is
           Preliminary
           and
           Preparatory
           to
           the
           death
           of
           a
           Man
           ,
           nor
           in
           the
           Consequent
           ,
           what
           is
           to
           be
           done
           after
           ,
           so
           far
           from
           being
           the
           Judges
           to
           try
           or
           condemn
           him
           .
        
         
           5.
           
           
             H.
          
           4.
           
           The
           Earl
           of
           
             Northumberland
          
           had
           Petitioned
           the
           King
           for
           his
           Pardon
           for
           having
           ,
           contrary
           to
           his
           Allegiance
           ,
           gathered
           Forces
           ,
           and
           given
           Liveries
           :
           The
           King
           gave
           this
           Petition
           
           to
           the
           Judges
           ,
           to
           have
           their
           opinion
           of
           it
           ;
           the
           Lords
           Protested
           against
           it
           ,
           and
           said
           ,
           that
           the
           Judgment
           belonged
           to
           them
           ,
           and
           retained
           the
           business
           ,
           
             Et
             puis
             leve
             &
             entendue
             la
             Petition
             les
             Srs.
             come
             Piers
             du
             Parlement
             ,
             a
             queux
             tielz
             Iugement
             .
             apperteinnent
             de
             droit
             ,
             adjuggerent
             ,
             que
             ceo
             que
             fust
             fait
             per
             le
             Conte
             nestoit
             pas
             trahison
             mes
             trespas
             tant
             seulement
             .
             Sur
             quoy
             le
             dit
             Conte
             molt
             humblement
             remercia
             le
             Roy
             &
             les
             ditz
             Srs.
             ses
             Piers
             de
             lour
             droiturel
             Iugement
             .
             And
             then
             the
             Petition
             being
             read
             and
             understood
             ,
             the
             Lords
             as
             Peers
             of
             Parliament
             ,
             to
             whom
             such
             Iudgments
             do
             of
             right
             appertain
             ,
             did
             give
             their
             Iudgment
             ,
             that
             what
             the
             Earl
             had
             done
             ,
             was
             no
             Treason
             ,
             but
             only
             a
             Trespass
             ,
             whereupon
             the
             said
             Earl
             did
             most
             humbly
             thank
             the
             King
             and
             the
             said
             Lords
             his
             Peers
             for
             their
             righteous
             Iudgment
             .
          
           Now
           the
           Bishops
           could
           not
           be
           said
           to
           be
           his
           Peers
           ,
           which
           shews
           they
           were
           not
           there
           .
        
         
         
           7
           
             H.
          
           4.
           
           A
           Judgment
           was
           given
           much
           like
           to
           that
           in
           the
           2
           
             H.
          
           4.
           
           The
           King
           commanded
           the
           Lords
           Temporal
           to
           deliver
           their
           advice
           concerning
           the
           Earl
           of
           
             Northumberland
          
           and
           the
           Lord
           
             Bardolph
             ,
          
           who
           had
           been
           killed
           at
           
             Bramham
             More
          
           in
           
             Yorkshire
          
           by
           the
           Sheriff
           of
           the
           County
           ,
           who
           therewith
           the
           
             Posse
             Comitatus
          
           encountred
           them
           in
           the
           field
           ;
           There
           were
           proceedings
           against
           them
           in
           the
           Court
           of
           Chivalry
           after
           their
           deaths
           ,
           upon
           certain
           Articles
           of
           Treason
           there
           exhibited
           against
           them
           .
           These
           Articles
           were
           brought
           into
           Parliament
           ,
           upon
           reading
           of
           which
           those
           Lords
           Temporal
           adjudged
           their
           Crime
           to
           be
           Treason
           .
        
         
           5
           
             H.
          
           5.
           
           The
           Commons
           ,
           
             Baillerent
             une
             Petition
             ,
          
           delivered
           a
           Petition
           ,
           directed
           
             Al
             honorable
             Prince
             le
             Duc
             de
          
           Bedford
           
             Gardein
             d'
             Engleterre
             ,
             &
             as
             tres
             sages
             Srs.
             de
             cest
             present
             Parlement
             ,
             To
             the
             honourable
             Prince
             the
             Duke
             of
          
           Bedford
           
             Gardian
             of
          
           England
           ,
           
             and
             to
             the
             most
             wise
             Lords
             of
             this
             present
             Parliament
             ,
          
           that
           Sir
           
             Iohn
             Oldcastle
          
           might
           be
           brought
           before
           them
           ,
           
           who
           was
           indicted
           and
           outlawed
           in
           the
           Kings
           Bench
           for
           Treason
           ,
           and
           excommunicated
           by
           the
           Archbishop
           of
           
             Canterbury
          
           for
           Heresie
           ;
           and
           that
           due
           execution
           might
           be
           done
           upon
           him
           according
           to
           their
           discretion
           by
           authority
           of
           Parliament
           .
           
             Pur
             quoy
             agarde
             est
             per
             les
             Srs.
             avant
             ditz
             del
             assent
             de
             le
             dit
             Gardein
             &
             a
             la
             priere
             susdit
             ,
             que
             le
             dit
          
           John
           
             come
             Traitor
             au
             Roy
             &
             a
             son
             Royalme
             so
             it
             amesnez
             a
             la
             Tour
             de
             Londres
             &
             dilloeques
             soit
             treinez
             parmi
             la
             cite
             de
             Londres
             as
             novelles
             Fourches
             en
             la
             paroche
             de
             St.
             Giles
             &
             illoeques
             soit
             penduz
             &
             ars
             pendant
             ,
             Wherefore
             it
             is
             adjudged
             by
             the
             Lords
             aforesaid
             ,
             with
             the
             assent
             of
             the
             said
             Gardian
             upon
             the
             foresaid
             Request
             ,
             that
             the
             said
          
           John
           ,
           
             as
             a
             Traitor
             to
             the
             King
             and
             his
             Realm
             ,
             be
             carried
             to
             the
             Tower
             of
          
           London
           ,
           
             and
             thence
             drawn
             through
             the
             City
             of
          
           London
           
             to
             the
             new
             Gallows
             in
             St.
          
           Giles
           
             Parish
             ,
             and
             there
             to
             be
             hanged
             ,
             and
             burnt
             hanging
             .
          
           The
           question
           is
           now
           ,
           if
           it
           shall
           be
           understood
           ,
           that
           under
           the
           general
           expression
           of
           
             Les
             Srs.
             de
             cest
             
             present
             Parlement
          
           the
           Bishops
           were
           comprized
           ;
           and
           so
           to
           have
           been
           parties
           in
           this
           Judgment
           ,
           and
           I
           conceive
           not
           ,
           first
           ,
           because
           I
           observe
           that
           generally
           throughout
           all
           the
           Records
           and
           Journals
           of
           Parliament
           almost
           in
           all
           transactions
           ,
           but
           especially
           and
           constantly
           I
           find
           it
           so
           in
           matters
           of
           Judicature
           ,
           where
           they
           were
           present
           ,
           it
           is
           always
           mentioned
           and
           expressed
           so
           ,
           at
           
             That
             the
             Lords
             Spiritual
             and
             Temporal
             ,
          
           or
           
             That
             the
             Prelats
             ,
             and
             Earls
             ,
             and
             Barons
          
           did
           so
           and
           so
           ,
           as
           it
           was
           in
           the
           Cases
           before
           mention
           ed
           of
           Sir
           
             Iohn
             Lee
             ,
             Richard
             Lyons
             ,
          
           the
           Lord
           
             Latimer
             ,
          
           and
           the
           rest
           ,
           accused
           of
           misdemeanours
           ;
           And
           my
           other
           reason
           is
           ,
           that
           in
           this
           particular
           Case
           of
           Sir
           
             Iohn
             Oldcastle
          
           I
           find
           the
           Clergy
           had
           done
           their
           parts
           with
           him
           before
           ,
           declaring
           him
           an
           Heretick
           ,
           and
           turning
           him
           over
           to
           the
           Secular
           power
           ,
           as
           the
           words
           of
           the
           Excommunication
           run
           ,
           where
           after
           having
           expressed
           a
           great
           tenderness
           of
           the
           desperate
           condition
           of
           his
           Soul
           ,
           and
           much
           bewailed
           his
           obdurateness
           ,
           they
           do
           condemn
           him
           for
           a
           Heretick
           ,
           
           
             Relinquentes
             eum
             ex
             nunc
             tanquam
             Hereticum
             Iudicio
             Seculari
             ,
             Leaving
             him
             from
             thence
             forward
             as
             an
             Heretick
             to
             the
             Secular
             Iudgment
             .
          
           So
           certainly
           those
           good
           men
           ,
           I
           mean
           those
           Popish
           Bishops
           ,
           would
           have
           no
           more
           to
           do
           with
           him
           as
           to
           his
           farther
           Execution
           ,
           that
           the
           world
           might
           see
           they
           were
           not
           Men
           of
           bloud
           .
        
         
           2.
           
           
             H.
          
           6.
           
           Sir
           
             Iohn
             Mortimer
          
           had
           been
           committed
           to
           the
           Tower
           upon
           suspicion
           of
           Treason
           against
           
             Henry
          
           the
           Fifth
           ,
           and
           made
           an
           escape
           out
           of
           prison
           ,
           being
           taken
           again
           he
           was
           indicted
           of
           Treason
           at
           
             Guild-Hall
             :
          
           The
           Indictment
           by
           the
           Kings
           command
           was
           returned
           into
           Chancery
           ,
           then
           brought
           into
           Parliament
           by
           the
           Bishop
           of
           
             Durham
          
           Lord
           Chancellour
           ,
           and
           by
           him
           ,
           
             Coram
             Humfrido
             Duce
             Gloucestriae
          
           (
           who
           in
           the
           Kings
           absence
           was
           commissionated
           to
           call
           and
           hold
           that
           Parliament
           )
           
             ac
             aliis
             Dominis
             Temporalibus
             in
             eodem
             Parliamento
             tune
             existentibus
             fuit
             liberatum
             ,
             Was
             delivered
             to
          
           Humfry
           
             Duke
             of
          
           Glocester
           ,
           
             and
             other
             the
             Lords
             Temporal
             being
             then
             in
             
             Parliament
          
           to
           be
           by
           them
           affirmed
           ,
           as
           it
           was
           ,
           and
           Sir
           
             Iohn
             Mortimer
          
           then
           brought
           before
           them
           ,
           and
           adjudged
           by
           them
           to
           be
           drawn
           ,
           hanged
           ,
           and
           quartered
           :
           
             Et
             super
             hoc
             viso
             &
             plenius
             intellecto
             Indictamento
             per
             dictum
             Ducem
             de
             avisamento
             dictorum
             Dominorum
             Temporalium
             ,
             ac
             ad
             requisitionem
             totius
             Communitatis
             in
             presenti
             Parliamento
             existentium
             auctoritate
             istius
             Parliamenti
             ordinatum
             est
             &
             statutum
             ,
          
           &c.
           
             quod
             ipse
             usque
             ad
             Turrim
             ducatur
             ,
          
           &c.
           
           
             And
             hereupon
             the
             said
             Indictment
             being
             seen
             and
             well
             understood
             ,
             it
             was
             by
             the
             said
             Duke
             ,
             by
             the
             advice
             of
             the
             said
             Lords
             Temporal
             ,
             at
             the
             prayer
             of
             the
             whole
             Commonalty
             in
             this
             present
             Parliament
             ,
             and
             by
             the
             Authority
             thereof
             Ordered
             and
             Decreed
             ,
          
           &c.
           
             that
             he
             should
             be
             led
             to
             the
             Tower
             ,
             and
             from
             thence
             drawn
             to
          
           Tyburn
           ,
           
             and
             there
             executed
             .
          
           We
           see
           here
           the
           Bishops
           did
           not
           offer
           to
           advise
           so
           much
           as
           concerning
           the
           Indictment
           ,
           if
           it
           should
           be
           admitted
           of
           and
           received
           by
           the
           Parliament
           ,
           though
           a
           Bishop
           ,
           being
           Lord
           
           Chancellor
           was
           by
           vertue
           of
           his
           Office
           to
           bring
           it
           out
           of
           the
           Chancery
           ,
           and
           present
           it
           to
           the
           House
           ,
           as
           he
           did
           ,
           and
           there
           left
           it
           .
        
         
           28
           
             H.
          
           6.
           is
           the
           sole
           single
           President
           of
           Bishops
           being
           present
           ,
           and
           not
           only
           so
           ,
           but
           acting
           and
           bearing
           a
           principal
           part
           in
           a
           Judicial
           proceeding
           in
           Parliament
           in
           a
           Case
           that
           was
           in
           it self
           Capital
           ,
           though
           strangely
           shuffled
           off
           ,
           and
           Justice
           wholly
           eluded
           .
        
         
           
             Ianuary
          
           22.
           
           
             William
             de
             la
             Pole
          
           Duke
           of
           
             Suffolk
          
           preferred
           a
           Petition
           to
           the
           King
           ,
           complaining
           
             how
             he
             was
             defamed
             ,
             as
             if
             he
             were
             other
             than
             a
             true
             man
             to
             the
             King
             and
             the
             Realm
             ,
          
           and
           desiring
           that
           any
           man
           would
           say
           wherein
           ,
           that
           he
           might
           give
           his
           Answer
           thereunto
           .
           
             Munday
          
           26.
           the
           Commons
           sent
           some
           of
           their
           Fellows
           to
           the
           Chancellour
           ,
           who
           was
           Archbishop
           of
           
             York
          
           and
           a
           Cardinal
           ,
           praying
           him
           ,
           that
           whereas
           the
           Duke
           of
           
             Suffolk
          
           had
           that
           same
           day
           in
           his
           own
           declaration
           confessed
           ,
           
             that
             there
             was
             a
             very
             heavy
             rumour
             and
             noise
             of
             infamy
             upon
             him
             ,
          
           he
           would
           let
           the
           King
           know
           it
           ,
           that
           he
           might
           be
           
           committed
           to
           ward
           
             after
             the
             course
             of
             Law
             in
             eschewing
             of
             inconveniencies
             that
             may
             sue
             thereupon
             hereafter
          
           (
           they
           are
           the
           words
           of
           the
           Record
           .
           )
           The
           next
           day
           
             Tuesday
             ,
          
           the
           Chancellour
           acquainted
           the
           King
           and
           the
           Lords
           with
           it
           ,
           and
           asked
           the
           Lords
           what
           should
           be
           done
           upon
           the
           Commons
           request
           .
           The
           Judges
           were
           asked
           what
           the
           Law
           was
           in
           this
           matter
           ;
           the
           Chief
           Justice
           answered
           for
           the
           rest
           ,
           that
           in
           these
           general
           Terms
           of
           Slander
           and
           Infamy
           many
           things
           may
           be
           understood
           which
           deserve
           not
           imprisonment
           ,
           but
           he
           desired
           more
           time
           to
           consider
           of
           it
           with
           his
           Fellows
           :
           The
           Lords
           staid
           not
           for
           their
           return
           ,
           but
           all
           of
           them
           from
           the
           lowest
           to
           the
           highest
           were
           of
           one
           opinioa
           ,
           that
           he
           should
           not
           be
           committed
           to
           ward
           till
           the
           Specialty
           of
           the
           matter
           were
           declared
           .
           
             Wednesday
          
           the
           28.
           the
           Chancellour
           and
           other
           Lords
           were
           sent
           down
           by
           the
           Kings
           commandment
           to
           the
           House
           of
           Commons
           ,
           and
           the
           Speaker
           declared
           unto
           them
           ,
           That
           seeing
           special
           matter
           was
           required
           ,
           they
           had
           daily
           information
           from
           several
           
           parts
           of
           
             England
             ,
          
           that
           the
           Realm
           was
           sold
           to
           the
           Kings
           Adversary
           of
           
             France
          
           by
           the
           Duke
           of
           
             Suffolk
             ,
          
           and
           that
           he
           had
           fortified
           
             Wallingford
          
           Castle
           to
           be
           a
           place
           of
           refuge
           unto
           them
           ,
           and
           this
           the
           Commons
           do
           think
           is
           special
           matter
           of
           suspicion
           of
           Treason
           laid
           to
           his
           charge
           ,
           for
           which
           he
           ought
           to
           be
           committed
           ,
           and
           therefore
           it
           was
           the
           desire
           of
           the
           Commons
           that
           he
           might
           be
           so
           ,
           upon
           which
           desire
           he
           was
           sent
           to
           the
           Tower.
           The
           seventh
           of
           
             February
          
           the
           Chancellour
           again
           and
           several
           Lords
           both
           Spiritual
           and
           Temporal
           were
           by
           the
           Kings
           command
           sent
           again
           to
           the
           House
           of
           Commons
           ,
           and
           the
           Speaker
           
             William
             Tresham
          
           gave
           them
           a
           Bill
           containing
           several
           Articles
           of
           High
           Treason
           against
           the
           said
           Duke
           ,
           which
           Bill
           he
           in
           their
           names
           desired
           ,
           
             Ut
             in
             presenti
             Parliamento
             inactitaretur
             ,
             to
             be
             inrolled
             in
             Parliament
             ,
          
           and
           the
           Duke
           upon
           it
           to
           be
           proceeded
           against
           .
           The
           twelfth
           of
           
             February
          
           this
           Bill
           was
           read
           in
           the
           House
           of
           Lords
           ,
           and
           it
           was
           thought
           fit
           by
           all
           the
           Lords
           ,
           that
           the
           Justices
           should
           have
           a
           Copy
           of
           it
           ,
           
           and
           report
           their
           advice
           what
           should
           be
           done
           ,
           but
           the
           King
           would
           have
           it
           respited
           ,
           till
           he
           was
           otherwise
           advised
           .
           The
           seventh
           of
           
             March
          
           next
           following
           it
           was
           thought
           fit
           by
           the
           most
           part
           of
           the
           Lords
           ,
           that
           the
           Duke
           should
           then
           come
           to
           his
           Answer
           .
           The
           ninth
           of
           
             March
          
           the
           Lords
           were
           again
           sent
           down
           to
           the
           Commons
           at
           their
           request
           ,
           and
           another
           Bill
           was
           delivered
           to
           them
           containing
           certain
           Articles
           of
           misprisions
           and
           horrible
           offences
           committed
           by
           the
           Duke
           ,
           which
           they
           desired
           might
           be
           
             Enacted
             in
             this
             High
             Court
             of
             Parliament
             ,
          
           (
           so
           is
           the
           expression
           )
           and
           he
           to
           be
           proceeded
           against
           .
           The
           same
           day
           the
           Duke
           of
           
             Suffolk
          
           was
           brought
           from
           the
           Tower
           ,
           by
           vertue
           of
           the
           Kings
           Writ
           ,
           into
           the
           presence
           of
           the
           King
           and
           the
           Lords
           Spiritual
           and
           Temporal
           in
           the
           Parliament
           Chamber
           ,
           both
           the
           Bills
           of
           the
           Articles
           were
           read
           unto
           him
           ,
           of
           which
           he
           desired
           Copies
           ;
           which
           was
           granted
           :
           and
           to
           be
           nearer
           at
           hand
           to
           give
           in
           his
           Answer
           ,
           and
           come
           to
           his
           Trial
           ,
           the
           King
           by
           the
           advice
           of
           the
           Lords
           committed
           him
           to
           
           the
           ward
           of
           three
           persons
           ,
           Esquires
           ,
           to
           be
           kept
           in
           a
           Tower
           within
           the
           Kings
           Palace
           of
           
             Westminster
             .
          
           The
           thirteenth
           of
           
             March
          
           he
           was
           sent
           for
           to
           come
           before
           the
           King
           and
           the
           Lords
           Spiritual
           and
           Temporal
           ,
           to
           answer
           to
           his
           Charge
           ,
           which
           he
           did
           ,
           denying
           all
           of
           Treason
           laid
           unto
           him
           ,
           and
           excusing
           the
           rest
           .
           The
           fourteenth
           the
           Chief
           Justice
           rehearsed
           to
           the
           Lords
           by
           the
           Kings
           commandment
           ,
           what
           had
           passed
           the
           day
           before
           ,
           and
           asked
           them
           what
           advice
           they
           would
           give
           ,
           which
           they
           put
           off
           till
           
             Munday
          
           the
           sixteenth
           ,
           and
           that
           day
           nothing
           was
           done
           .
           Then
           
             Tuesday
          
           the
           seventeenth
           the
           King
           sent
           for
           all
           the
           Lords
           Spiritual
           and
           Temporal
           ,
           who
           were
           in
           Town
           ,
           into
           his
           
             innest
             Chamber
             with
             a
             Gabel
             Window
             over
             a
             Cloyster
          
           within
           the
           Palace
           of
           
             Westminster
             :
          
           The
           Lords
           are
           all
           named
           ,
           
             viz.
          
           the
           two
           Archbishops
           ,
           the
           Duke
           of
           
             Buckingham
             ,
          
           thirteen
           Bishops
           ,
           six
           Earls
           ,
           two
           Viscounts
           ,
           two
           Abbots
           ,
           the
           Prior
           of
           St.
           
             Iohn
             ,
          
           and
           nineteen
           Barons
           ,
           who
           being
           assembled
           ,
           the
           King
           sent
           for
           the
           Duke
           of
           
             Suffolk
             ,
          
           who
           came
           ,
           and
           was
           
           upon
           his
           knees
           all
           the
           time
           the
           Chancellour
           spake
           unto
           him
           ,
           who
           by
           the
           Kings
           commandment
           remembred
           what
           passed
           at
           his
           Trial
           ,
           and
           particularly
           ,
           that
           he
           had
           not
           then
           put
           himself
           upon
           his
           Peerage
           ,
           and
           asked
           him
           now
           what
           he
           had
           more
           to
           say
           .
           The
           Duke
           said
           ,
           that
           ,
           not
           departing
           from
           his
           Answers
           and
           Declarations
           ,
           he
           did
           wholly
           submit
           himself
           to
           the
           Kings
           rule
           and
           governance
           to
           do
           with
           him
           as
           he
           list
           .
           Whereupon
           the
           Chancellour
           (
           who
           ,
           as
           I
           said
           before
           ,
           was
           Archbishop
           of
           
             York
             ,
          
           and
           a
           Cardinal
           )
           by
           the
           Kings
           commandment
           said
           unto
           him
           ,
           
             Sir
             ,
             I
             conceive
             that
             you
             ▪
             not
             departing
             from
             your
             Answers
             and
             Declarations
             in
             the
             matters
             aforesaid
             ,
             not
             putting
             you
             upon
             your
             Peerage
             submit
             you
             wholly
             to
             the
             Kings
             rule
             and
             governance
             ,
             wherefore
             the
             King
             commandeth
             me
             to
             say
             to
             you
             ,
             that
             as
             touching
             the
             great
             and
             horrible
             things
             in
             the
             first
             Bill
             comprised
             ,
             the
             King
             boldeth
             you
             neither
             declared
             nor
             changed
             ;
             And
             as
             touching
             the
             second
             Bill
             touching
             misprisions
             ,
             which
             be
             not
             Criminal
             ,
             the
             King
             by
             force
             of
             your
             submission
             ,
             by
             his
             own
             
             advice
             ,
             and
             not
             reporting
             him
             to
             the
             advice
             of
             his
             Lords
             ,
             nor
             by
             way
             of
             Iudgment
             ,
             for
             he
             is
             not
             in
             place
             of
             Iudgment
             ,
             putteth
             you
             to
             his
             rule
             and
             governance
             ,
             that
             is
             to
             say
             ,
             that
             you
             before
             the
             first
             of
          
           May
           
             shall
             absent
             your self
             out
             of
             the
             Realm
             of
          
           England
           
             unto
             the
             end
             of
             five
             years
             ,
             but
             you
             may
             abide
             in
             the
             Realm
             of
          
           France
           ,
           
             or
             in
             any
             other
             Lordships
             or
             places
             being
             under
             his
             obeissance
             ,
             and
             you
             shall
             not
             bear
             malice
             to
             any
             man
             for
             any
             thing
             done
             to
             you
             in
             this
             Parliamont
             .
          
           And
           forthwith
           the
           Viscount
           
             Beaument
          
           on
           the
           behalf
           of
           the
           said
           Lords
           Spiritual
           and
           Temporal
           ,
           and
           by
           their
           advice
           ,
           assent
           ,
           and
           desire
           ,
           recited
           ,
           said
           ,
           and
           declared
           to
           the
           Kings
           Highness
           .
           
             That
             this
             that
             was
             so
             decreed
             and
             done
             by
             his
             Excellency
             concerning
             the
             person
             of
             the
             said
             Duke
             ,
             proceeded
             not
             by
             their
             advice
             and
             counsel
             ,
             but
             was
             done
             by
             the
             Kings
             own
             demeanance
             and
             rule
             ,
             therefore
             they
             besought
             the
             King
             that
             this
             their
             Saying
             might
             be
             enacted
             in
             the
             Parliament
             Roll
             ,
             for
             their
             more
             declaration
             hereafter
             ,
             with
             this
             Pretestation
             that
             it
             should
             not
             be
             ,
             nor
             turn
             in
             prejudice
             nor
             
             derogation
             of
             them
             ,
             their
             Heirs
             ,
             ne
             of
             their
             Successors
             in
             time
             coming
             ,
             but
             that
             they
             may
             have
             and
             enjoy
             their
             Liberties
             and
             Freedom
             as
             largely
             as
             ever
             their
             Ancestors
             or
             Predecessors
             had
             and
             enjoyed
             before
             this
             time
             .
          
        
         
           I
           have
           been
           the
           more
           large
           in
           this
           account
           ,
           which
           I
           have
           given
           of
           this
           Trial
           ,
           marking
           out
           every
           step
           of
           the
           proceedings
           in
           it
           ,
           that
           whosoever
           reads
           it
           may
           see
           how
           irregular
           and
           extravagant
           it
           was
           from
           the
           beginning
           to
           the
           end
           ,
           from
           the
           Commons
           first
           desiring
           that
           the
           Duke
           of
           
             Suffolk
          
           should
           be
           committed
           upon
           so
           sleight
           a
           ground
           as
           his
           complaining
           in
           the
           House
           of
           Lords
           ,
           that
           he
           was
           ill
           spoken
           of
           ,
           and
           defamed
           ,
           to
           the
           close
           of
           all
           ,
           the
           Judgment
           given
           by
           the
           King
           by
           the
           mouth
           of
           the
           Chancellour
           for
           his
           banishment
           ,
           in
           regard
           he
           had
           not
           put
           himself
           upon
           his
           Peerage
           ,
           which
           yet
           the
           Chancellour
           said
           the
           King
           did
           not
           do
           as
           his
           Judge
           ,
           for
           that
           he
           was
           not
           in
           the
           place
           of
           Judgment
           .
           And
           it
           was
           an
           odd
           thing
           and
           unusual
           ,
           that
           some
           Prelates
           and
           some
           Lords
           should
           be
           sent
           down
           
           to
           the
           House
           of
           Commons
           to
           receive
           the
           Articles
           of
           this
           Impeachment
           .
           All
           this
           was
           such
           a
           Hodge-podge
           of
           a
           Trial
           ,
           as
           no
           man
           can
           tell
           what
           to
           make
           of
           it
           ,
           nor
           can
           it
           be
           of
           any
           signification
           to
           be
           a
           president
           and
           a
           rule
           of
           proceeding
           in
           matters
           of
           that
           nature
           in
           Parliament
           .
        
         
           But
           admit
           it
           had
           been
           never
           so
           regular
           ,
           it
           is
           but
           one
           single
           president
           of
           Bishops
           and
           Prelates
           acting
           in
           a
           Judicial
           capacity
           in
           a
           Capital
           cause
           in
           Parliament
           ,
           against
           multitudes
           excluding
           them
           ;
           it
           was
           once
           so
           ,
           and
           never
           but
           once
           :
           And
           can
           that
           be
           thought
           sufficient
           to
           alter
           and
           change
           the
           constant
           course
           and
           practice
           of
           Parliaments
           ,
           which
           hath
           been
           otherwise
           ?
           Had
           it
           been
           questioned
           then
           ,
           and
           upon
           a
           debate
           and
           mature
           consideration
           ,
           been
           so
           resolved
           at
           that
           time
           ,
           this
           had
           signified
           something
           :
           but
           it
           was
           done
           and
           no
           exception
           taken
           ,
           which
           they
           call
           a
           passing
           
             Sub
             silentio
             ,
          
           and
           more
           ,
           it
           was
           never
           done
           but
           once
           .
           But
           Sir
           
             Edward
             Coke
          
           goes
           further
           ,
           and
           saith
           ,
           that
           two
           or
           three
           presidents
           are
           nothing
           ,
           if
           forty
           be
           contrary
           ,
           and
           it
           is
           so
           here
           ;
           he
           tells
           
           you
           too
           ,
           when
           it
           is
           that
           they
           signifie
           nothing
           ;
           that
           is
           ,
           
             Quand
             les
             Presidents
             passe
             sans
             challenge
             del
             partie
             ou
             debate
             des
             Iustices
             ,
             When
             they
             be
             not
             challenged
             by
             the
             party
             concerned
             ,
             or
             not
             considered
             of
             ,
             and
             debated
             by
             the
             Iudges
             ,
          
           as
           neither
           of
           them
           was
           here
           done
           ,
           it
           is
           in
           
             Slades
          
           case
           in
           the
           4.
           
           Reports
           .
           It
           is
           a
           rule
           in
           Law
           ,
           
             A
             facto
             ad
             jus
             non
             valet
             argumentum
             ,
          
           but
           it
           may
           withal
           be
           said
           ,
           and
           truly
           ,
           
             A
             saepe
             facto
             ad
             jus
             contra
             semel
             factum
             valet
             argumentum
             .
          
           Upon
           the
           whole
           matter
           ,
           one
           may
           boldly
           affirm
           ,
           that
           this
           President
           of
           28
           
             H.
          
           6.
           is
           no
           ground
           for
           the
           Bishops
           to
           build
           their
           claim
           upon
           ,
           of
           having
           a
           right
           to
           sit
           and
           vote
           in
           Parliament
           in
           Capital
           Causes
           .
        
         
           31
           
             H.
          
           6.
           is
           the
           Earl
           of
           
           Devonshire's
           Case
           ,
           the
           Record
           runs
           thus
           .
           
             Be
             hit
             remembred
             that
             where
             the
          
           14.
           
             day
             of
          
           March
           
             the
             said
          
           31
           
             year
             of
             this
             present
             Parliament
             ,
          
           Thomas
           
             Earl
             of
          
           Devonshire
           
             upon
             an
             Indictment
             of
             High
             Treason
             ,
             by
             him
             supposed
             to
             be
             done
             against
             the
             Kings
             honourable
             estate
             and
             person
             ,
             afore
          
           Humfrey
           
             Duke
             of
          
           Bucks
           ,
           
             Steward
             of
          
           England
           
             for
             
             that
             time
             assigned
             ,
             and
             of
             the
             same
             Treason
             by
             his
             Peers
             the
             noble
             Lords
             of
             this
             Royaume
             of
          
           England
           
             being
             in
             this
             said
             present
             Parliament
             ,
             was
             acquitted
             of
             all
             things
             contained
             in
             the
             same
             Indictment
             .
          
           Now
           I
           suppose
           no
           man
           will
           say
           ,
           That
           the
           Bishops
           were
           either
           his
           Peers
           ,
           or
           Lords
           of
           the
           Realm
           .
        
         
           38
           
             H.
          
           6.
           
           The
           Lord
           
             Stanley
          
           was
           accused
           by
           the
           Commons
           for
           being
           in
           confederacy
           with
           the
           Duke
           of
           
             York
             ,
          
           and
           they
           desire
           he
           may
           be
           committed
           to
           prison
           ;
           the
           Answer
           is
           ,
           The
           King
           will
           be
           advised
           ;
           which
           is
           all
           was
           done
           :
           And
           this
           is
           the
           last
           president
           of
           any
           Impeachment
           ,
           or
           of
           any
           person
           questioned
           in
           Parliament
           in
           a
           Judicial
           way
           ,
           that
           is
           upon
           the
           Rolls
           in
           the
           Tower.
           
        
         
           And
           I
           do
           not
           remember
           that
           I
           have
           read
           or
           heard
           of
           any
           Trial
           in
           Parliament
           in
           a
           Judicial
           way
           since
           that
           time
           till
           the
           E.
           of
           
             Straffords
          
           in
           our
           memory
           ,
           whose
           Trial
           was
           compleated
           in
           that
           way
           ,
           but
           he
           was
           attainted
           and
           condemned
           by
           the
           Legislative
           power
           ;
           During
           all
           the
           Trial
           ,
           from
           the
           beginning
           to
           the
           end
           ,
           the
           Bishops
           were
           never
           present
           
           at
           any
           part
           of
           it
           :
           And
           it
           yet
           appears
           upon
           the
           Journal
           Book
           of
           the
           House
           of
           Peers
           ,
           though
           many
           passages
           be
           razed
           ,
           but
           this
           is
           not
           ,
           
             That
             upon
             the
          
           9.
           
             of
          
           March
           1640.
           
             upon
             a
             Report
             brought
             in
             by
             the
             Lord
             Privy
             Seal
             of
             something
             concerning
             that
             business
             ,
             and
             a
             debate
             arising
             upon
             it
             ,
             the
             Bishops
             withdrew
             ,
             it
             being
             In
             agitatione
             cause
             sanguinis
             .
          
        
         
           It
           is
           true
           ,
           there
           was
           in
           that
           same
           Parliament
           the
           
             February
          
           before
           an
           Impeachment
           of
           High
           Treason
           brought
           up
           from
           the
           House
           of
           Commons
           against
           the
           Lord
           Keeper
           
             Finch
             ,
          
           but
           it
           never
           came
           to
           Trial
           ,
           for
           he
           fairly
           ran
           away
           ,
           and
           got
           beyond
           Sea
           ,
           whereupon
           by
           the
           Order
           of
           the
           Lords
           Temporal
           ,
           a
           Proclamation
           was
           issued
           forth
           for
           him
           to
           appear
           the
           10.
           of
           
             March
          
           following
           :
           the
           words
           of
           the
           Proclamation
           are
           ,
           
             Rex
             ,
             Uice-comiti
             ,
             &c.
             
             Cum
             Communitas
             Regni
             nostri
             Anglie
             in
             presenti
             Parliament
             .
             Iohannem
             Dominum
             Finch
             de
             Fordich
             nuper
             Custodem
             Magni
             Sigilli
             Anglie
             de
             Alta
             Proditione
             accusaverit
             &
             
             impetierit
             ,
             Cumque
             per
             Dominos
             Temporales
             in
             eodem
             Parliamento
             de
             assensu
             &
             advisamento
             nostris
             Ordinatum
             existit
             ,
             quod
             Proclamatio
             per
             totum
             regnum
             nostrum
             Anglie
             publice
             fiat
             ,
             qd
             .
             idem
             Iohannes
             Dominus
             Finch
             in
             propria
             persona
             sua
             compareat
             ,
             &
             se
             reddat
             coram
             nobis
             &
             prefatis
             Dominis
             ,
             decimo
             die
             Martii
             proxime
             futuro
             ad
             respondendum
             &
             standum
             recto
             coram
             nobis
             &
             prefatis
             Dominis
             ex
             hoc
             parte
             :
             Nos
             volentes
             &c.
             The
             King
             to
             the
             Sheriff
             ,
             &c.
             
             Whereas
             our
             Commons
             of
             this
             our
             Kingdom
             of
          
           England
           
             have
             in
             this
             Parliament
             accused
             and
             impeached
          
           John
           
             Lord
          
           Finch
           
             of
          
           Fordich
           ,
           
             late
             Lord
             Keeper
             of
             the
             Great
             Seal
             of
          
           England
           ,
           
             of
             High
             Treason
             ,
             And
             whereas
             the
             Lords
             Temporal
             have
             in
             the
             same
             Parliament
             with
             our
             consent
             and
             advice
             Ordered
             a
             Proclamation
             to
             be
             published
             throughout
             our
             whole
             Kingdom
             of
          
           England
           ,
           
             that
          
           John
           
             Lord
          
           Finch
           
             do
             personally
             appear
             and
             yield
             up
             himself
             to
             us
             and
             the
             foresaid
             Lords
             ,
             upon
             the
          
           10.
           
             of
          
           March
           
             next
             following
             ,
             to
             answer
             for
             his
             
             Treason
             ,
             and
             stand
             to
             the
             Iudgment
             of
             us
             ,
             and
             the
             foresaid
             Lords
             in
             that
             behalf
             ;
             We
             willing
             that
             the
             Order
             have
             its
             due
             effect
             ,
             do
             command
             and
             strictly
             enjoyn
             you
             ,
             that
             upon
             the
             receipt
             of
             these
             presents
             ,
             you
             do
             in
             all
             Cities
             ,
             Market
             Towns
             ,
             and
             such
             other
             places
             within
             your
             Bayliwick
             ,
             as
             to
             you
             shall
             seem
             expedient
             ,
             cause
             in
             our
             name
             to
             be
             publickly
             proclaimed
             ,
             That
          
           John
           
             Lord
          
           Finch
           
             do
             appear
             in
             person
             and
             render
             himself
             before
             us
             ,
             and
             the
             foresaid
             Lords
             in
             this
             present
             Parliament
             ,
             upon
             the
          
           10.
           
             of
          
           March
           
             aforesaid
             ,
             to
             answer
             for
             the
             Treason
             aforesaid
             ,
             and
             stand
             to
             the
             Iudgment
             of
             us
             and
             the
             foresaid
             Lords
             in
             that
             behalf
             ,
             according
             to
             the
             tenor
             of
             the
             foresaid
             Order
             .
          
           This
           was
           the
           Proclamation
           ,
           Ordered
           to
           be
           made
           onely
           by
           the
           Temporal
           Lords
           ,
           and
           no
           Bishops
           present
           ,
           yet
           was
           it
           no
           part
           of
           the
           Trial
           ,
           but
           meerly
           a
           course
           taken
           to
           have
           him
           in
           Court
           ,
           that
           he
           might
           be
           tried
           .
           But
           because
           it
           looked
           towards
           a
           Trial
           ,
           the
           Bishops
           must
           have
           no
           hand
           in
           it
           .
        
         
           And
           it
           is
           further
           observable
           in
           this
           president
           ,
           that
           the
           Kings
           learned
           Counsel
           
           was
           ordered
           to
           draw
           up
           this
           Proclamation
           according
           to
           the
           antient
           Parliamentary
           way
           ,
           which
           shews
           that
           it
           was
           the
           ancient
           Parliamentary
           way
           ,
           That
           only
           the
           Lords
           Temporal
           should
           be
           interested
           in
           such
           Proceedings
           ,
           and
           have
           the
           ordering
           of
           them
           ,
           and
           not
           at
           all
           the
           Bishops
           .
        
         
           And
           I
           can
           give
           you
           an
           ancient
           President
           out
           of
           the
           
             Placita
             Parliamentaria
          
           in
           the
           33
           of
           
             Ed.
          
           1.
           
           
             Nicolas
             de
             Segrave
          
           being
           with
           the
           King
           in
           an
           Expedition
           into
           
             Scotland
             ,
          
           had
           a
           quarrel
           with
           
             Iohn
             de
             Crumbwell
             ,
          
           left
           the
           Kings
           Army
           ,
           and
           went
           to
           fight
           with
           
             Crumbwell
          
           in
           
             France
             :
          
           He
           was
           for
           this
           by
           the
           Kings
           command
           at
           his
           return
           summoned
           to
           appear
           in
           Parliament
           ,
           which
           he
           did
           ,
           
             Uenit
             in
             pleno
             Parliamento
             in
             presentia
             ipsius
             Domini
             Regis
             ,
             Archiepiscopi
             Cantuariensis
             &
             plurimorum
             Episcoporum
             ,
             Comitum
             ,
             Baronum
             &
             aliorum
             de
             Consilio
             Domini
             Regis
             tunc
             ibidem
             existentium
             ,
             He
             came
             into
             the
             Parliament
             before
             the
             King
             ,
             the
             Archbishop
             of
          
           Canterbury
           ,
           
             and
             many
             other
             Bishops
             ,
             
             Earls
             ,
             Barons
             ,
             and
             others
             of
             the
             Kings
             Counsel
             there
             present
             .
          
           The
           business
           is
           opened
           before
           them
           by
           
             Nicolas
             de
             Warwick
             ,
          
           who
           charged
           him
           with
           leaving
           the
           King
           amongst
           his
           Enemies
           ,
           and
           doing
           what
           in
           him
           lay
           to
           expose
           him
           unto
           their
           power
           ;
           whether
           the
           Bishops
           continued
           in
           Parliament
           to
           hear
           this
           ,
           appears
           not
           by
           the
           Record
           ,
           but
           it
           appears
           clearly
           ,
           that
           they
           were
           not
           to
           meddle
           in
           it
           ,
           not
           so
           much
           as
           to
           advise
           upon
           it
           ,
           for
           it
           follows
           ,
           
             Et
             super
             hoc
             Dominus
             Rex
             volens
             habere
             avisiamentum
             Comitum
             ▪
             Baronum
             ,
             Magnatum
             &
             aliorum
             de
             Consilio
             suo
             ,
             injunxit
             eisdem
             in
             homagio
             ,
             fidelitate
             &
             ligiancia
             quibus
             ei
             tenentur
             ,
             quod
             ipsum
             fideliter
             consulerent
             qualis
             poena
             ,
             pro
             tali
             facto
             sic
             cognito
             fuerit
             infligenda
             .
             Qui
             omnes
             habito
             super
             hoc
             diligenti
             tractatu
             &
             avisiamento
             consideratis
             &
             intellectis
             omnibus
             in
             dicto
             facto
             contentis
             ,
             &
             per
             predictum
             Nicolaum
             plene
             &
             expresse
             cognitis
             dicunt
             ,
             Quod
             hujusmodi
             meretur
             penam
             amissionis
             vite
             ,
             
             The
             King
             willing
             to
             have
             the
             advice
             of
             the
             Earls
             ,
             Barons
             ,
             and
             other
             great
             men
             of
             his
             Counsel
             ,
             injoyned
             them
             upon
             the
             Homage
             ,
             Fidelity
             ,
             and
             Allegeance
             which
             they
             owe
             him
             ,
             to
             give
             him
             faithful
             Counsel
             ,
             what
             punishment
             was
             to
             be
             inflicted
             upon
             such
             a
             crime
             so
             confessed
             ,
             who
             all
             upon
             a
             serious
             debate
             and
             advising
             upon
             the
             matter
             ,
             and
             well
             weighing
             all
             the
             particulars
             of
             it
             ,
             and
             what
             was
             by
             the
             said
          
           Nicolas
           
             expresly
             acknowledged
             ,
             do
             say
             ,
             That
             such
             a
             man
             deserved
             to
             lose
             his
             life
             ,
          
           but
           the
           King
           pardoned
           him
           afterwards
           .
           Still
           you
           see
           Bishops
           are
           not
           so
           much
           as
           advised
           withal
           in
           a
           Case
           of
           Life
           and
           Death
           .
        
         
           This
           we
           see
           hath
           been
           the
           usage
           in
           Parliament
           all
           along
           ,
           since
           the
           Journals
           and
           Records
           can
           give
           us
           any
           light
           of
           what
           was
           there
           done
           .
           And
           out
           of
           History
           I
           can
           go
           further
           ,
           and
           cite
           you
           an
           ancienter
           President
           than
           all
           these
           :
           In
           
             Edward
          
           the
           Confessors
           time
           ,
           who
           in
           a
           Parliament
           convened
           in
           
             London
             ,
          
           as
           
             Brompton
          
           relates
           it
           in
           his
           Chronicle
           ,
           
             Col.
          
           937.
           upon
           Earl
           
             Godwin's
          
           appearing
           there
           ,
           who
           was
           said
           to
           have
           formerly
           
           murthered
           
             Alfred
          
           the
           Kings
           Brother
           ,
           presently
           cried
           out
           ,
           
             Proditor
          
           Godwine
           
             ego
             te
             appello
             de
             morte
          
           Alfredi
           
             fratis
             mei
             ,
             quem
             proditionaliter
             occidisti
             ,
             cui
          
           Godwinus
           
             se
             excusando
             respondit
             ,
             Domine
             mi
             Rex
             salva
             reverentia
             &
             gratia
             vestra
             ,
             pace
             &
             dominatione
             ,
             fratrem
             vestrum
             nunquam
             prodidi
             nec
             occidi
             ,
             unde
             super
             hoc
             pono
             me
             in
             consideratione
             Curie
             vestre
             .
             Tunc
             dixit
             Rex
             ,
             Carissimi
             Domini
             Comites
             &
             Barones
             terre
             qui
             estis
             homines
             mei
             legii
             hic
             congregati
             ,
             &
             appellum
             meum
             responsumque
          
           Godwini
           
             audistis
             ,
             volo
             quod
             inter
             nos
             rectum
             judicium
             decernatis
             ,
             &
             debitam
             justiciam
             faciatis
             ,
             Comitibus
             vero
             &
             Baronibus
             super
             hoc
             ad
             invicem
             tractantibus
             ,
          
           &c.
           
           
             Thou
             Traitor
          
           Godwin
           ,
           
             I
             do
             accuse
             thee
             of
             the
             death
             of
             my
             Brother
          
           Alfred
           ,
           
             whom
             thou
             didst
             treacherously
             kill
             ;
             whom
          
           Godwin
           
             answered
             ,
             excusing
             himself
             ,
             My
             King
             ,
             with
             reverence
             to
             your
             Grace
             ,
             and
             to
             your
             Government
             ,
             and
             with
             your
             good
             leave
             I
             have
             not
             used
             treachery
             to
             your
             Brother
             ,
             
             nor
             have
             I
             killed
             him
             ,
             and
             of
             this
             I
             refer
             my self
             to
             the
             Iudgment
             of
             your
             Court.
             Then
             the
             King
             said
             ,
             Dear
             Lords
             ,
             Earls
             ,
             and
             Barons
             of
             the
             Land
             ,
             who
             are
             my
             Liege
             People
             here
             assembled
             ,
             you
             have
             heard
             my
             Appeal
             ,
             and
          
           Godwins
           
             Answer
             ,
             I
             will
             have
             you
             to
             decree
             righteous
             Iudgment
             betwixt
             us
             ,
             and
             to
             do
             that
             Iustice
             which
             ought
             to
             be
             done
             .
             And
             the
             Earls
             and
             Barons
             debating
             this
             among
             themselves
             ,
          
           some
           were
           of
           one
           opinion
           ,
           some
           of
           another
           ,
           and
           at
           last
           they
           agreed
           to
           offer
           the
           King
           a
           great
           sum
           of
           money
           ,
           and
           to
           beseech
           him
           that
           he
           would
           take
           off
           his
           displeasure
           from
           Earl
           
             Godwin
             ,
          
           and
           pardon
           him
           .
           The
           Historian
           adds
           ,
           
             Quorum
             considerationi
             Rex
             contradicere
             nolens
             ,
             quicquid
             judicaverant
             per
             omnia
             ratificavit
             ,
             Whose
             opinion
             the
             King
             not
             willing
             to
             contradict
             ,
             agreed
             to
             ,
             and
             ratified
             all
             that
             they
             had
             done
             :
          
           Here
           we
           see
           it
           was
           only
           
             Ad
             Comites
             &
             Barones
          
           that
           he
           appealed
           ,
           and
           they
           were
           only
           to
           Judge
           of
           it
           ,
           and
           no
           Bishops
           nor
           Prelates
           .
        
         
           But
           some
           I
           hear
           alledge
           a
           President
           in
           11
           
             H.
          
           2.
           of
           Archbishop
           
             Becket
             ,
          
           who
           
           was
           at
           a
           great
           Council
           
             Solemne
             Consilium
          
           at
           
             Northampton
          
           accused
           of
           Treason
           ,
           and
           other
           misdemeanors
           ,
           where
           Bishops
           were
           his
           Judges
           ,
           as
           well
           as
           Temporal
           Lords
           .
           This
           they
           fetch
           out
           of
           Mr.
           
             Seldens
          
           Titles
           of
           Honour
           ,
           who
           cites
           for
           it
           a
           Manuscript
           made
           by
           a
           Monk
           ,
           called
           
             Stephanides
             ,
          
           or
           
             Fitz-Stephen
             ,
          
           and
           there
           it
           is
           said
           ,
           that
           the
           Archbishop
           was
           accused
           
             Lese
             Majestatis
             Regie
             Corone
             ,
             quia
             est
             a
             Rege
             citatus
             in
             causa
          
           Johannis
           
             neque
             venerat
             ,
             neque
             idonee
             se
             excusasset
             ,
             Accused
             of
             Treason
             because
             being
             summoned
             by
             the
             King
             in
             the
             Cause
             of
             one
          
           John
           le
           Mareschal
           ,
           
             and
             he
             neither
             came
             himself
             ,
             nor
             sent
             a
             sufficient
             excuse
             ,
          
           and
           that
           for
           it
           he
           was
           sentenced
           to
           forfeit
           all
           his
           Movables
           ,
           and
           that
           the
           Lords
           and
           the
           Bishops
           could
           not
           agree
           upon
           pronouncing
           the
           Judgment
           ,
           they
           putting
           it
           off
           from
           one
           to
           the
           other
           ,
           and
           that
           at
           last
           the
           King
           commanded
           the
           Bishop
           of
           
             Winchester
          
           to
           do
           it
           :
           This
           is
           what
           that
           Manuscript
           saith
           .
           But
           none
           of
           the
           ancient
           Historians
           of
           those
           times
           say
           any
           thing
           of
           his
           being
           accused
           of
           
           Treason
           .
           And
           which
           makes
           it
           the
           more
           unlikely
           ,
           is
           ,
           that
           it
           was
           soon
           after
           that
           solemn
           ratification
           of
           the
           Constitutions
           of
           
             Clarendon
             ,
          
           which
           all
           both
           Bishops
           and
           Lords
           ,
           had
           sworn
           to
           observe
           for
           ever
           ,
           declaring
           them
           then
           to
           be
           the
           Law
           of
           the
           Land
           ,
           and
           to
           be
           
             Consuetudines
             &
             Libertates
             antecessorum
             suorum
             ,
             The
             Customs
             and
             Priviledges
             of
             their
             Ancestors
             ,
          
           (
           which
           makes
           me
           say
           ,
           it
           was
           rather
           a
           Declaring
           what
           was
           the
           Law
           before
           ,
           than
           making
           a
           new
           Law
           ;
           though
           what
           was
           then
           done
           ,
           was
           sufficient
           to
           make
           it
           a
           Law
           ,
           if
           it
           had
           not
           been
           so
           before
           :
           )
           And
           one
           of
           these
           Constitutions
           was
           ,
           that
           the
           Prelates
           of
           the
           Church
           should
           not
           
             Interesse
             judiciis
             Curie
             Regis
             ,
             Be
             present
             at
             the
             Iudgments
             given
             in
             the
             Kings
             Courts
             ,
          
           when
           loss
           of
           Members
           or
           Life
           was
           in
           question
           .
           This
           great
           Council
           or
           Parliament
           was
           in
           
             February
          
           at
           
             Clarendon
             ,
          
           and
           the
           other
           at
           
             Northampton
          
           was
           in
           
             October
          
           following
           ;
           so
           it
           is
           not
           likely
           they
           should
           so
           soon
           forget
           ,
           and
           do
           contrary
           to
           what
           they
           had
           bound
           themselves
           to
           so
           lately
           by
           
           a
           solemn
           Oath
           publickly
           in
           open
           Parliament
           :
           And
           I
           think
           one
           may
           modestly
           affirm
           ,
           that
           it
           was
           a
           mistake
           in
           the
           Writer
           of
           that
           Manuscript
           to
           say
           ,
           that
           the
           Archbishop
           was
           then
           charged
           with
           Treason
           :
           
             Gervasius
             Dorobernensis
          
           saith
           ,
           he
           was
           charged
           with
           two
           things
           ;
           one
           ,
           not
           doing
           Justice
           in
           his
           Ecclesiastical
           Court
           to
           one
           
             Iohn
             ,
          
           (
           who
           was
           
             Iohn
          
           the
           
             Mareschal
             ,
          
           that
           complained
           of
           the
           Archbishops
           detaining
           some
           Land
           from
           him
           ;
           )
           the
           other
           ,
           that
           being
           sent
           for
           by
           the
           King
           upon
           occasion
           of
           
             Mareschals
          
           complaint
           ,
           he
           came
           not
           :
           The
           first
           he
           excused
           ,
           laying
           the
           fault
           upon
           
             Mareschal
          
           himself
           for
           abusing
           the
           Court
           ,
           bringing
           
             veterum
             cantuum
             codicillum
             ,
             and
             old
             Song-Book
             ,
          
           to
           swear
           upon
           ,
           and
           refusing
           to
           swear
           
             super
             Evangelium
             ,
             ut
             moris
             est
             ,
             upon
             the
             Evangelists
             ,
             as
             the
             Custom
             is
             ,
          
           whereby
           he
           said
           he
           did
           
             Curiam
             suam
             infamare
             ,
             Defame
             his
             Court.
          
           The
           other
           he
           answered
           ,
           proving
           by
           two
           sufficient
           Witnesses
           ,
           
             Per
             duos
             legales
             viros
             ,
          
           that
           it
           was
           sickness
           hindred
           him
           ,
           and
           not
           any
           contempt
           .
           This
           is
           the
           
           account
           which
           
             Gervasius
          
           gives
           ,
           and
           saith
           not
           a
           word
           of
           any
           Treason
           ;
           neither
           doth
           
             Matthew
             Paris
             ,
          
           nor
           
             Roger
             Hoveden
             ,
          
           who
           both
           of
           them
           give
           a
           relation
           of
           that
           proceeding
           at
           
             Northampton
          
           against
           the
           Archbishop
           .
           And
           to
           say
           the
           truth
           ,
           it
           would
           be
           a
           strange
           High
           Treason
           ,
           only
           not
           to
           come
           being
           sent
           for
           by
           the
           King
           ,
           though
           there
           had
           been
           no
           sickness
           in
           the
           case
           ,
           at
           most
           it
           could
           have
           been
           but
           a
           High
           Contempt
           ,
           and
           punishable
           by
           Fine
           and
           Imprisonment
           ,
           or
           the
           like
           ;
           and
           probable
           it
           is
           ,
           that
           
             Fitz-Stephen
             ,
          
           who
           was
           a
           Creature
           of
           the
           Archbishops
           ,
           might
           represent
           it
           so
           ,
           only
           to
           draw
           more
           
             Odium
          
           upon
           the
           King
           for
           his
           severity
           against
           the
           Bishop
           ,
           even
           to
           an
           injustice
           ,
           when
           in
           truth
           there
           was
           no
           such
           thing
           .
           However
           we
           may
           look
           upon
           it
           ,
           as
           but
           a
           weak
           President
           for
           the
           Bishops
           to
           lay
           any
           weight
           upon
           to
           prove
           their
           right
           to
           sit
           ,
           and
           vote
           ,
           and
           judge
           in
           a
           Capital
           cause
           ,
           
             Causa
             sanguinis
             ,
          
           being
           at
           the
           best
           but
           out
           of
           a
           blind
           Manuscript
           of
           an
           Author
           justly
           suspected
           of
           great
           partiality
           ,
           against
           the
           
           tenour
           of
           all
           the
           ancient
           Writers
           that
           give
           an
           account
           of
           the
           same
           business
           .
        
         
           But
           we
           must
           go
           a
           step
           further
           to
           clear
           this
           matter
           in
           question
           ,
           for
           it
           seems
           some
           of
           the
           Bishops
           do
           say
           ,
           that
           though
           they
           will
           have
           no
           part
           in
           the
           Condemnation
           and
           pronouncing
           Judgment
           upon
           a
           Criminal
           person
           ,
           as
           to
           loss
           of
           Life
           or
           Member
           ,
           yet
           they
           may
           and
           will
           vote
           and
           Judge
           in
           such
           things
           as
           are
           but
           Preliminary
           and
           Preparatory
           to
           that
           condemnation
           ,
           and
           yet
           think
           they
           have
           no
           hand
           in
           bloud
           ,
           though
           they
           have
           a
           hand
           in
           doing
           that
           ,
           which
           will
           infallibly
           cause
           the
           taking
           away
           of
           of
           a
           mans
           Life
           ,
           and
           shedding
           of
           his
           Blood
           ,
           so
           they
           would
           divide
           two
           things
           which
           in
           truth
           have
           so
           near
           a
           relation
           and
           dependency
           the
           one
           upon
           the
           other
           ,
           as
           they
           are
           only
           separated
           by
           a
           little
           time
           coming
           between
           ;
           one
           thing
           to
           be
           done
           first
           ,
           and
           that
           being
           done
           ,
           the
           other
           must
           necessarily
           follow
           ,
           and
           be
           done
           presently
           after
           :
           And
           they
           doing
           the
           former
           ,
           may
           be
           well
           said
           to
           do
           the
           latter
           ;
           and
           if
           any
           
           Law
           prohibit
           them
           from
           having
           to
           do
           with
           the
           latter
           ,
           the
           same
           Law
           doth
           and
           must
           prohibit
           them
           medling
           with
           the
           former
           .
           It
           is
           a
           rule
           in
           Logick
           ,
           
             Causa
             causae
             est
             causa
             causati
             .
          
           If
           the
           Judgments
           of
           the
           Bishops
           determine
           one
           thing
           ,
           which
           is
           the
           necessary
           cause
           of
           any
           other
           thing
           ,
           their
           Judgment
           may
           be
           said
           ,
           and
           really
           it
           doth
           determine
           the
           other
           thing
           .
        
         
           As
           take
           for
           example
           the
           particular
           case
           upon
           which
           this
           Question
           hath
           been
           moved
           ,
           the
           Earl
           of
           
             Danbyes
          
           Pardon
           ,
           of
           the
           validity
           or
           invalidity
           whereof
           they
           will
           be
           Judges
           :
           It
           is
           hoped
           they
           will
           be
           just
           Judges
           ,
           and
           incline
           neither
           way
           ,
           but
           according
           to
           the
           merits
           of
           the
           Cause
           before
           them
           ,
           so
           what
           their
           Judgment
           will
           be
           till
           they
           have
           heard
           all
           ,
           themselves
           cannot
           tell
           .
           Now
           ,
           if
           by
           their
           Judgment
           the
           Pardon
           be
           determined
           to
           be
           invalid
           and
           illegal
           ,
           and
           that
           carry
           with
           it
           a
           conviction
           of
           the
           Crime
           of
           which
           he
           stands
           impeached
           (
           as
           some
           will
           have
           it
           to
           do
           ,
           saying
           ,
           that
           the
           taking
           of
           a
           Pardon
           implies
           a
           guilt
           ,
           and
           is
           in
           Law
           a
           
           confession
           of
           the
           Crime
           pardoned
           )
           and
           so
           his
           condemnation
           must
           necessarily
           follow
           even
           for
           Treason
           ,
           the
           impeachment
           being
           so
           ,
           doth
           not
           their
           Judgment
           subject
           him
           to
           that
           condemnation
           ?
           How
           then
           can
           they
           say
           ,
           we
           will
           have
           no
           part
           in
           condemning
           him
           ?
           Is
           not
           this
           something
           like
           the
           Frier
           in
           
             Chaucer
             ,
          
           that
           would
           have
           ,
           
             of
             a
             Capon
             the
             Liver
             ,
             of
             a
             Pig
             the
             Head
             ,
             yet
             would
             that
             nothing
             for
             him
             should
             be
             dead
             :
          
           So
           they
           forsooth
           will
           take
           upon
           them
           to
           Judge
           his
           Pardon
           to
           be
           no
           Pardon
           ,
           which
           brings
           on
           infallibly
           his
           condemnation
           ,
           and
           yet
           say
           with
           that
           Frier
           ,
           God
           forbid
           he
           should
           die
           for
           us
           ,
           That
           we
           should
           have
           any
           hand
           in
           his
           bloud
           :
           But
           certainly
           this
           will
           not
           pass
           for
           currant
           either
           in
           
             Foro
             Iudicii
             ,
          
           or
           
             Foro
             Conscientiae
             ,
          
           to
           excuse
           them
           from
           being
           Actors
           in
           his
           Condemnation
           .
        
         
           To
           evade
           this
           ,
           some
           say
           the
           Bishops
           may
           be
           present
           ,
           and
           hear
           what
           will
           be
           said
           
             Pro
          
           and
           
             Con
          
           concerning
           this
           Pardon
           ,
           and
           those
           only
           shall
           deliver
           their
           opinions
           and
           judgments
           of
           it
           ,
           who
           are
           satisfied
           of
           the
           Validity
           and
           Legality
           
           of
           it
           ,
           but
           those
           amongst
           them
           who
           are
           of
           another
           mind
           ,
           shall
           withdraw
           and
           give
           no
           vote
           ,
           and
           then
           it
           cannot
           be
           said
           that
           any
           of
           them
           have
           a
           hand
           in
           condemning
           him
           .
           But
           how
           this
           will
           sute
           with
           the
           Office
           of
           a
           Judge
           let
           any
           man
           judge
           ,
           whose
           duty
           it
           is
           to
           condemn
           the
           Guilty
           ,
           as
           well
           as
           to
           acquit
           the
           Innocent
           ,
           and
           who
           ought
           to
           do
           the
           one
           or
           the
           other
           in
           every
           business
           that
           comes
           before
           him
           ,
           as
           he
           finds
           ground
           for
           it
           upon
           hearing
           the
           Allegations
           ,
           and
           Proofs
           :
           And
           besides
           ,
           it
           is
           most
           Unparliamentary
           ,
           for
           in
           Parliament
           all
           who
           are
           at
           the
           debate
           of
           a
           business
           ,
           ought
           to
           give
           their
           vote
           to
           the
           Question
           one
           way
           or
           other
           ,
           according
           to
           their
           sense
           of
           it
           ,
           and
           as
           they
           in
           their
           consciences
           think
           it
           just
           .
        
         
           But
           to
           break
           thorough
           all
           at
           once
           they
           will
           have
           it
           ,
           That
           it
           is
           only
           by
           the
           Canon
           Law
           that
           this
           restraint
           is
           upon
           them
           ,
           and
           that
           the
           forbearance
           of
           their
           Predecessors
           being
           Papists
           ,
           and
           so
           subject
           to
           that
           Law
           ,
           was
           only
           in
           that
           respect
           ;
           which
           Law
           being
           of
           
           no
           force
           at
           present
           ,
           and
           taken
           away
           by
           Act
           of
           Parliament
           ,
           they
           are
           now
           at
           Liberty
           ,
           though
           in
           modesty
           they
           think
           sit
           sometimes
           to
           withdraw
           ,
           but
           have
           a
           right
           to
           continue
           sitting
           ,
           if
           they
           please
           .
        
         
           To
           which
           in
           answer
           I
           shall
           say
           ,
           that
           I
           will
           not
           deny
           but
           that
           the
           Canon
           Law
           might
           give
           the
           first
           rise
           ,
           and
           a
           beginning
           to
           such
           an
           usage
           ,
           and
           no
           Law
           could
           be
           of
           greater
           force
           to
           introduce
           and
           establish
           such
           a
           thing
           ,
           as
           being
           that
           to
           which
           only
           the
           Clergy
           of
           those
           times
           would
           be
           subject
           ,
           conceiving
           themselves
           to
           be
           above
           ,
           and
           not
           bound
           by
           any
           other
           :
           But
           it
           is
           most
           clear
           ,
           that
           it
           came
           afterwards
           to
           receive
           a
           Civil
           Sanction
           ,
           and
           to
           have
           not
           only
           the
           stamp
           of
           the
           Authority
           of
           Parliament
           set
           upon
           it
           by
           the
           continual
           practice
           there
           ,
           and
           we
           know
           that
           
             Consuetudo
             Parliamenti
             est
             Lex
             Parliamenti
             ,
             The
             Custom
             of
             Parliament
             is
             the
             Law
             of
             Parliament
             :
          
           But
           that
           two
           several
           times
           there
           have
           been
           particular
           and
           express
           Confirmations
           ,
           and
           Ratifications
           of
           it
           in
           Parliament
           ,
           which
           makes
           
           it
           a
           Statute
           Law
           of
           the
           Land
           ,
           as
           much
           as
           any
           other
           can
           be
           ,
           which
           we
           have
           in
           our
           printed
           Statute
           Books
           .
        
         
           The
           first
           time
           was
           at
           a
           Great
           Council
           ,
           which
           was
           then
           their
           Parliament
           ,
           at
           
             Clarendon
          
           about
           the
           10
           of
           
             H.
          
           2.
           where
           were
           made
           that
           which
           they
           call
           the
           
             Constitutions
             of
             Clarendon
             ,
          
           which
           were
           not
           new
           things
           then
           first
           made
           ,
           but
           a
           recapitulation
           of
           some
           things
           that
           had
           been
           in
           use
           and
           practice
           in
           former
           times
           .
           
             Matthew
             Paris
          
           and
           
             Gervasius
             Dorobornensis
          
           recite
           them
           at
           large
           ,
           other
           ancient
           Historians
           more
           succinctly
           :
           There
           were
           of
           them
           sixteen
           in
           number
           :
           
             Matthew
             Paris
          
           gives
           the
           best
           account
           of
           them
           ,
           and
           of
           the
           whole
           proceeding
           in
           that
           affair
           .
           He
           tells
           you
           ,
           how
           the
           Archbishops
           ,
           Bishops
           ,
           Abbots
           ,
           Priors
           ,
           Earls
           ,
           Barons
           ,
           and
           other
           great
           ones
           
             Aliis
             Proceribus
          
           being
           present
           ,
           
             Facta
             est
             Recognitio
             ,
             sive
             Recordatio
             partis
             Consuetudinum
             &
             Libertatum
             antecessorum
             suorum
             ,
             A
             Recapitulation
             or
             a
             Rehearsal
             was
             made
             of
             the
             Liberties
             and
             Customs
             of
             their
             Ancestors
          
           in
           the
           time
           of
           
             H.
          
           1.
           and
           of
           other
           Kings
           ;
           so
           
           it
           was
           not
           a
           new
           Law
           ,
           and
           but
           then
           enacted
           ,
           but
           it
           was
           indeed
           a
           Declaration
           of
           what
           was
           the
           Law
           before
           ,
           yet
           then
           more
           solemnly
           enjoyned
           ,
           
             In
             regno
             observari
             &
             ab
             omnibus
             teneri
             ,
             To
             be
             in
             the
             Kingdom
             observed
             and
             kept
             by
             all
             men
             :
          
           and
           this
           in
           regard
           of
           differences
           oft
           times
           arising
           between
           the
           Kings
           Justices
           and
           the
           Clergy
           ,
           
             Propter
             dissensiones
             &
             discordias
             saepe
             emergentes
             inter
             Clerum
             ,
             &
             Iusticiarios
             Domini
             Regis
             ,
          
           that
           Popish
           Clergy
           being
           still
           apt
           enough
           to
           encroach
           upon
           the
           Civil
           power
           ,
           which
           made
           it
           the
           more
           necessary
           to
           revive
           and
           re-establish
           the
           old
           Law
           and
           Custom
           of
           the
           Kingdom
           .
           Sixteen
           Articles
           were
           then
           agreed
           upon
           ,
           one
           of
           which
           ,
           the
           eleventh
           ,
           runs
           thus
           ,
           
             Archiepiscopi
             ,
             Episcopi
             ,
             &
             universe
             Persone
             Regni
             ,
             qui
             de
             Rege
             tenent
             in
             Capite
             habeant
             possessiones
             suas
             de
             Rege
             ,
             sicut
             Baroniam
             ,
             &
             inde
             respondeant
             Iusticiariis
             &
             Ministris
             Regis
             ,
             &
             sequantur
             ,
             &
             faciant
             omnes
             Consuetudines
             Regias
             .
             Et
             sicut
             ceteri
             Barones
             ,
             debent
             interesse
             Iudiciis
             Curie
             Regis
             ,
             quousque
             
             perveniatur
             ad
             diminutionem
             membrorum
             vel
             ad
             mortem
             ;
             The
             Archbishops
             ,
             Bishops
             ,
             and
             all
             the
             dignified
             Clergy
             of
             the
             Land
             ,
             that
             hold
             of
             the
             King
          
           in
           Capite
           ,
           
             shall
             hold
             their
             possessions
             from
             the
             King
             ,
             as
             a
             Barony
             ,
             and
             answer
             for
             their
             Estates
             unto
             the
             Kings
             Iustices
             and
             Ministers
             ,
             and
             shall
             observe
             and
             obey
             all
             the
             Kings
             Laws
             .
             And
             together
             with
             the
             other
             Barons
             they
             are
             to
             be
             present
             at
             all
             Iudgments
             in
             the
             Kings
             Courts
             ,
             till
             it
             come
             to
             require
             either
             loss
             of
             member
             or
             life
             .
          
           And
           this
           Article
           as
           well
           as
           the
           rest
           they
           are
           sworn
           to
           observe
           .
           See
           how
           the
           Author
           expresseth
           it
           ,
           
             Hanc
             Recognitionem
             sive
             Recordationem
             de
             consuetudinibus
             &
             libertatibus
             iniquis
             Archiepiscopi
             ,
             Episcopi
             ,
             Abbates
             ,
             Priores
             ,
             &
             Clerus
             cum
             Comitibus
             ,
             Baronibus
             ,
             &
             Proceribus
             ,
             cunctis
             juraverunt
             ,
             &
             firmiter
             in
             verbo
             veritatis
             promiserunt
             viva
             voce
             tenendas
             &
             observandas
             Domino
             Regi
             &
             heredibus
             suis
             ,
             bona
             fide
             ,
             &
             absque
             malo
             ingenio
             in
             perpetuum
             ,
             This
             Recognition
             or
             Recordation
             of
             these
             wicked
             Customs
             
             and
             Liberties
             did
             the
             Archbishops
             ,
             Bishops
             ,
             Abbots
             ,
             Priors
             ,
             and
             the
             whole
             Clergy
             ,
             together
             with
             the
             Earls
             ,
             Barons
             ,
             and
             all
             the
             Great
             men
             swear
             to
             ,
             and
             firmly
             promise
             upon
             the
             word
             of
             truth
             ,
             by
             word
             of
             mouth
             ,
             that
             they
             should
             be
             kept
             and
             observed
             to
             the
             King
             and
             his
             Heirs
             in
             true
             faith
             without
             any
             evil
             meaning
             for
             ever
             .
          
        
         
           Now
           ,
           can
           there
           be
           a
           more
           solemn
           establishing
           ,
           and
           a
           stronger
           confirmation
           of
           any
           Law
           to
           have
           it
           inviolably
           observed
           and
           obeyed
           by
           the
           whole
           Nation
           that
           this
           we
           find
           here
           ?
           where
           besides
           the
           authority
           of
           the
           Parliament
           ,
           (
           for
           these
           great
           Councils
           were
           the
           Parliaments
           of
           those
           times
           )
           there
           is
           an
           Oath
           ,
           which
           is
           the
           greatest
           Obligation
           that
           mankind
           is
           capable
           of
           ,
           making
           even
           God
           a
           party
           to
           it
           ,
           to
           see
           it
           obeyed
           ,
           and
           punish
           the
           transgressors
           .
           And
           from
           whom
           have
           we
           the
           testimony
           of
           these
           transactions
           to
           assure
           us
           of
           the
           matter
           of
           Fact
           ?
           From
           
             Matthew
             Paris
          
           a
           Monk
           ,
           one
           that
           would
           not
           be
           partial
           for
           the
           Lords
           Temporal
           in
           relating
           matters
           to
           give
           them
           more
           power
           in
           Judicature
           ,
           and
           less
           to
           the
           
           Lords
           Spiritual
           ,
           than
           of
           right
           belonged
           to
           each
           ,
           and
           looking
           upon
           this
           exclusion
           of
           the
           Prelats
           from
           the
           power
           of
           Judging
           in
           such
           cases
           ,
           to
           be
           some
           diminution
           of
           their
           Omnipotency
           ,
           which
           they
           were
           so
           ambitious
           of
           ,
           he
           therefore
           ranks
           it
           amongst
           the
           
             Consuetudines
             iniquas
             the
             wicked
             Customs
          
           of
           the
           former
           times
           .
           So
           we
           have
           here
           
             Testimonium
             irrefragabile
             an
             irrefragable
             and
             invincible
             testimony
             ,
          
           upon
           which
           we
           may
           build
           our
           faith
           ,
           and
           have
           a
           certain
           assurance
           that
           there
           was
           really
           such
           an
           usage
           in
           ancient
           times
           ,
           and
           that
           it
           was
           then
           in
           that
           10.
           year
           of
           
             H.
          
           2.
           again
           ratified
           and
           confirmed
           ,
           since
           these
           Monks
           have
           so
           recorded
           it
           ,
           and
           transmitted
           it
           to
           posterity
           .
        
         
           The
           second
           time
           time
           that
           this
           received
           a
           Confirmation
           in
           Parliament
           was
           the
           11
           of
           
             R.
          
           2.
           which
           I
           mentioned
           before
           ,
           when
           the
           Arch-bishop
           of
           
             Canterbury
          
           and
           the
           other
           Bishops
           upon
           their
           withdrawing
           then
           from
           the
           Parliament
           in
           regard
           matters
           of
           Bloud
           were
           to
           be
           there
           agitated
           ,
           and
           determined
           ,
           
             In
             quibus
             non
             licet
             alicui
             eorum
             personaliter
             interesse
             ,
          
           
           as
           they
           say
           ,
           
             In
             which
             it
             was
             not
             lawful
             for
             any
             of
             them
             to
             be
             present
             in
             person
             ,
          
           did
           therefore
           enter
           a
           Protestation
           with
           a
           
             Salvo
          
           to
           their
           right
           of
           Sitting
           and
           Voting
           in
           that
           and
           all
           other
           Parliaments
           ,
           when
           such
           matters
           were
           not
           in
           question
           :
           which
           Protestation
           of
           theirs
           was
           at
           their
           desire
           enrolled
           in
           full
           Parliament
           (
           as
           the
           Record
           saith
           )
           
             Par
             commandment
             du
             Roy
             ,
             &
             assent
             des
             Seigneurs
             Temporelz
             &
             Communes
             ,
             By
             the
             Kings
             command
             with
             the
             assent
             of
             the
             Lords
             Temporal
             and
             Commons
             .
          
           So
           indeed
           it
           was
           here
           a
           perfect
           and
           compleat
           Act
           of
           Parliament
           ,
           and
           if
           it
           had
           not
           been
           a
           Law
           be-before
           ,
           would
           than
           have
           been
           made
           one
           .
        
         
           But
           it
           was
           a
           Law
           before
           ,
           and
           this
           needed
           not
           ,
           to
           make
           it
           more
           a
           Law
           than
           it
           was
           before
           ;
           yet
           certainly
           what
           was
           here
           done
           must
           be
           of
           some
           signification
           ,
           and
           add
           some
           weight
           ,
           that
           it
           may
           be
           said
           at
           least
           ,
           that
           it
           seems
           to
           enforce
           some
           greater
           compliance
           with
           it
           ,
           and
           to
           heighten
           the
           offence
           of
           such
           as
           will
           not
           conform
           to
           it
           .
        
         
         
           And
           by
           the
           way
           ,
           let
           me
           desire
           to
           be
           well
           understood
           what
           I
           mean
           by
           saying
           ,
           This
           would
           make
           it
           a
           Law
           if
           it
           was
           not
           one
           before
           ,
           I
           do
           not
           mean
           the
           Protestation
           would
           be
           a
           Law
           ,
           for
           a
           Protestation
           
             Modo
             &
             Forma
          
           cannot
           be
           a
           Law
           ,
           but
           the
           subject
           matter
           of
           it
           was
           then
           enacted
           ;
           which
           did
           consist
           of
           two
           Particulars
           ,
           the
           one
           ,
           That
           the
           Prelates
           had
           a
           right
           and
           a
           Priviledge
           to
           sit
           and
           vote
           in
           Parliament
           in
           all
           other
           businesses
           ;
           the
           other
           ,
           That
           they
           had
           no
           Right
           ,
           nor
           was
           it
           lawful
           for
           them
           to
           be
           present
           in
           Parliament
           when
           such
           businesses
           were
           in
           question
           :
           Which
           one
           would
           think
           they
           might
           look
           upon
           as
           a
           Right
           and
           Priviledge
           ,
           to
           be
           exempt
           from
           being
           obliged
           to
           attend
           in
           such
           Cases
           ,
           Cases
           of
           Bloud
           :
           As
           the
           Lords
           Temporal
           ,
           who
           are
           Peers
           of
           the
           Realm
           ,
           challenge
           it
           to
           be
           their
           Right
           and
           Priviledge
           not
           to
           be
           returned
           in
           Juries
           upon
           the
           Trial
           of
           Commoners
           .
           Though
           ,
           to
           speak
           the
           truth
           ,
           I
           doubt
           those
           Prelates
           did
           not
           much
           desire
           this
           Priviledge
           ,
           but
           the
           
             Salvo
          
           to
           their
           Right
           of
           sitting
           in
           all
           
           Parliaments
           to
           have
           been
           what
           they
           aimed
           at
           most
           in
           their
           Protestation
           ,
           and
           which
           they
           would
           have
           to
           be
           enrolled
           ,
           but
           the
           one
           could
           not
           be
           without
           the
           other
           ;
           and
           upon
           no
           terms
           would
           they
           admit
           the
           least
           scruple
           should
           be
           of
           their
           right
           to
           sit
           in
           Parliament
           ,
           which
           their
           withdrawing
           at
           that
           time
           might
           seem
           else
           to
           call
           in
           some
           question
           as
           they
           thought
           ,
           and
           therefore
           they
           would
           make
           that
           Protestation
           ;
           For
           that
           Popish
           Clergy
           was
           very
           ambitious
           ,
           and
           loved
           to
           have
           the
           rule
           over
           all
           persons
           and
           things
           ;
           we
           see
           it
           by
           
             Matthew
             Paris
          
           how
           he
           branded
           those
           Constitutions
           of
           
             Clarendon
          
           with
           terming
           them
           
             Consuetudines
             iniquas
             ,
          
           and
           the
           Archbishop
           
             Becket
          
           himself
           after
           he
           had
           sworn
           to
           them
           ,
           repented
           him
           of
           it
           ,
           and
           enjoyned
           a
           severe
           Penance
           to
           himself
           ,
           and
           suspended
           himself
           from
           the
           Office
           of
           the
           Altar
           for
           several
           months
           ,
           till
           he
           had
           the
           Popes
           Absolution
           .
           This
           makes
           me
           doubt
           if
           the
           Clergy
           was
           of
           another
           mind
           in
           
             Richard
          
           the
           Seconds
           time
           ,
           and
           if
           they
           could
           not
           have
           been
           well
           enough
           contented
           to
           have
           continued
           
           sitting
           as
           Judges
           in
           all
           Cases
           ,
           if
           the
           Canon
           Law
           had
           not
           debarred
           them
           ,
           but
           that
           being
           they
           would
           make
           that
           Protestation
           ,
           consisting
           ,
           as
           I
           say
           ,
           of
           those
           two
           parts
           ,
           both
           which
           being
           so
           approved
           of
           by
           the
           Parliament
           ,
           and
           there
           enrolled
           ,
           became
           then
           ,
           and
           so
           continue
           to
           be
           ,
           the
           Law
           of
           the
           Kingdom
           :
           For
           in
           those
           times
           all
           Laws
           were
           so
           made
           :
           Only
           the
           substance
           of
           the
           Law
           was
           agreed
           upon
           in
           Parliament
           by
           King
           ,
           Lords
           ,
           and
           Commons
           ,
           and
           entred
           in
           the
           Journal
           Book
           ;
           And
           the
           Kings
           Justices
           did
           afterwards
           draw
           it
           up
           into
           form
           ,
           and
           then
           publish
           it
           to
           be
           the
           known
           standing
           Law
           of
           the
           Kingdom
           .
           But
           that
           was
           not
           needful
           here
           ,
           because
           it
           was
           not
           a
           new
           thing
           ,
           that
           did
           then
           receive
           its
           first
           being
           .
           Neither
           ,
           I
           say
           ,
           was
           it
           new
           before
           in
           
             Henry
          
           the
           Seconds
           time
           ,
           it
           appearing
           by
           what
           was
           then
           transacted
           ,
           that
           it
           was
           in
           usage
           in
           
             Henry
          
           the
           Firsts
           time
           ,
           only
           it
           was
           ratified
           in
           that
           Great
           Council
           of
           
             Clarendon
          
           under
           
             Henry
          
           the
           Second
           with
           a
           little
           more
           solemnity
           ,
           and
           the
           addition
           of
           an
           Oath
           for
           the
           better
           observance
           of
           it
           .
           And
           
           we
           may
           carry
           it
           yet
           a
           little
           higher
           to
           
             Edward
          
           the
           Confessors
           days
           ,
           as
           appears
           by
           his
           Appeal
           against
           Earl
           
             Godwin
          
           in
           a
           Great
           Council
           ,
           which
           was
           their
           Parliament
           ,
           and
           how
           long
           it
           had
           been
           the
           use
           and
           practice
           before
           that
           ,
           God
           knows
           .
        
         
           In
           
             E.
          
           4
           
             th
          
           .
           time
           it
           was
           the
           declared
           Law
           of
           the
           Land
           ,
           you
           have
           it
           in
           the
           Year-Book
           of
           10
           
             E.
          
           4.
           
           
             Term.
             Pas.
          
           n.
           35.
           the
           words
           are
           ,
           
             Quant
             un
             Sr.
             est
             endite
             ceo
             serra
             maunde
             en
             le
             Parliament
             &
             la
             le
             Seneschal
             d'
             Engleterre
             le
             mettra
             a
             respondre
             &
             il
             dira
             De
             rien
             culpable
             ,
             &
             se
             sera
             trie
             per
             Pares
             suos
             ,
             donque
             les
             Seigniors
             Espirituelx
             ,
             que
             ne
             poient
             consent
             al
             mort
             de
             home
             ,
             ferront
             un
             Procurator
             en
             le
             Parliament
             &
             donque
             le
             Seneschal
             doit
             examiner
             primes
             le
             pluis
             puisne
             Seignior
             que
             est
             ,
             sil
             soit
             culpable
             ,
             &
             issint
             separatim
             a
             toues
             les
             Seigniors
             queux
             sont
             la
             ,
             &c.
             
             When
             a
             Lord
             is
             indicted
             it
             shall
             be
             returned
             into
             Parliament
             ,
             and
             there
             the
             Steward
             of
          
           England
           
             shall
             put
             him
             to
             answer
             ,
             and
             he
             shall
             say
             ,
             Not
             guilty
             ,
             and
             this
             shall
             be
             tried
             by
             his
             Peers
             ,
             and
             then
             the
             
             Lords
             Spiritual
             ,
             who
             may
             not
             consent
             to
             the
             death
             of
             any
             man
             ,
             shall
             make
             their
             Procurator
             in
             Parliament
             ,
             and
             then
             the
             Lord
             Steward
             shall
             ask
             the
             youngest
             Lord
             ,
             if
             he
             be
             Guilty
             ,
             and
             so
             severally
             all
             the
             Lords
             that
             are
             there
             ,
             &c.
             
          
           This
           I
           alledge
           to
           shew
           that
           even
           by
           the
           Law
           of
           the
           Land
           ,
           the
           Bishops
           cannot
           be
           Judges
           in
           a
           Case
           Capital
           ;
           it
           is
           true
           here
           is
           mention
           made
           of
           their
           making
           a
           Proctor
           ,
           which
           was
           
             Error
             Temporis
             ,
             the
             Errour
             of
             those
             times
             ,
          
           grounded
           upon
           what
           was
           so
           lately
           done
           ,
           (
           as
           they
           looked
           upon
           it
           )
           though
           irregularly
           done
           in
           the
           last
           Parliament
           of
           
             R.
          
           2.
           whom
           they
           considered
           as
           their
           last
           lawful
           King
           ;
           and
           in
           truth
           he
           was
           so
           ,
           the
           three
           
             Henries
          
           that
           came
           between
           being
           but
           Usurpers
           ;
           and
           therefore
           they
           had
           ,
           it
           seems
           ,
           a
           deference
           for
           what
           was
           then
           done
           ,
           though
           as
           I
           have
           already
           said
           ,
           it
           was
           never
           done
           before
           ,
           nor
           is
           it
           in
           truth
           a
           thing
           very
           practicable
           and
           not
           at
           all
           Parliamentary
           ,
           to
           have
           one
           man
           ,
           or
           two
           men
           (
           as
           we
           see
           it
           was
           also
           done
           that
           Parliament
           ,
           )
           represent
           the
           whole
           Bench
           of
           Bishops
           .
           And
           more
           than
           all
           
           this
           (
           as
           I
           have
           already
           observed
           ,
           which
           it
           seems
           ,
           was
           not
           then
           thought
           of
           )
           that
           whole
           Parliament
           of
           
             R.
          
           2.
           stands
           repealed
           ,
           and
           all
           that
           was
           done
           in
           it
           declared
           by
           a
           subsequent
           Act
           of
           Parliament
           to
           be
           Null
           and
           Void
           .
           But
           this
           is
           but
           by
           the
           way
           ;
           my
           intent
           in
           quoting
           this
           Book
           Case
           ,
           is
           onely
           to
           shew
           that
           the
           Bishops
           were
           not
           excluded
           Judging
           in
           Capital
           Cases
           by
           the
           Canon
           Law
           alone
           ,
           but
           that
           the
           Law
           of
           the
           Land
           did
           likewise
           confirm
           it
           ,
           and
           the
           Courts
           of
           
             Westminster
          
           did
           so
           conceive
           of
           it
           .
        
         
           So
           I
           think
           I
           may
           well
           conclude
           ,
           and
           with
           some
           confidence
           affirm
           ,
           that
           Bishops
           now
           are
           not
           to
           be
           Judges
           to
           Sit
           and
           Vote
           in
           Parliament
           in
           any
           Trial
           ,
           or
           part
           of
           a
           Trial
           ,
           that
           is
           ,
           in
           any
           circumstance
           ,
           which
           doth
           any
           ways
           lead
           or
           conduce
           to
           such
           a
           Trial
           of
           any
           Capital
           Offender
           ,
           but
           the
           whole
           Judgment
           is
           singly
           and
           wholly
           in
           the
           Lords
           Temporal
           ,
           and
           to
           them
           onely
           such
           Judgments
           do
           belong
           ,
           as
           was
           challenged
           by
           them
           in
           the
           Case
           of
           the
           Earl
           of
           
             Northumberland
             ,
          
           5
           
             H.
          
           4.
           and
           is
           so
           declared
           to
           be
           in
           several
           other
           Cases
           upon
           
           the
           Rolls
           of
           Parliament
           .
           And
           having
           thus
           delivered
           you
           my
           opinion
           ,
           and
           my
           grounds
           for
           that
           opinion
           ,
           I
           submit
           it
           to
           your
           judgment
           and
           rest
           ,
        
         
           
             SIR
             ,
          
           
             Your
             Humble
             Servant
             .
          
        
         
           
             POSTSCRIPT
             .
          
           
             
               SIR
               ,
            
          
           
             AS
             I
             was
             closing
             my
             Letter
             ,
             two
             Papers
             were
             brought
             me
             ,
             one
             in
             Written
             hand
             ,
             the
             other
             Printed
             ,
             which
             maintain
             an
             Opinion
             clean
             contrary
             to
             mine
             ;
             I
             shall
             tell
             you
             what
             they
             say
             ,
             and
             give
             my
             Answer
             to
             it
             ,
             then
             leave
             it
             to
             you
             to
             determine
             ,
             who
             is
             in
             the
             right
             .
          
           
             The
             written
             Paper
             ,
             to
             prove
             their
             right
             of
             Judicature
             in
             all
             Cases
             ,
             none
             excepted
             ,
             declares
             Bishops
             to
             be
             Peers
             
             of
             the
             Land
             ,
             and
             a
             Third
             Estate
             in
             Parliament
             ,
             and
             therefore
             are
             not
             to
             be
             excluded
             from
             being
             Judges
             in
             all
             Cases
             ,
             as
             well
             Capital
             as
             other
             .
          
           
             To
             prove
             them
             Peers
             of
             the
             Land
             he
             urges
             Statute
             Law
             ,
             and
             Common
             Law
             ;
             for
             the
             Statute
             Law
             ,
             he
             alledges
             the
             25
             of
             
               Ed.
            
             3.
             c.
             6.
             and
             the
             4
             of
             
               H.
            
             5.
             c.
             6.
             
          
           
             First
             ,
             For
             the
             Statute
             Law
             ,
             let
             me
             tell
             you
             ,
             It
             is
             not
             every
             expression
             
               Obiter
            
             upon
             the
             By
             ,
             that
             is
             in
             the
             Preamble
             of
             a
             Statute
             (
             as
             this
             is
             of
             Bishops
             to
             be
             called
             Peers
             in
             these
             Statutes
             )
             that
             makes
             a
             thing
             pass
             for
             Law
             ,
             except
             it
             be
             by
             way
             of
             Declaration
             ,
             declaring
             it
             to
             be
             a
             Law
             ,
             or
             reciting
             it
             as
             a
             Law
             before
             made
             :
             And
             then
             I
             shall
             shew
             you
             how
             these
             two
             particular
             Statutes
             run
             ,
             and
             what
             they
             are
             .
             That
             of
             the
             25
             
               E.
            
             3.
             it
             is
             true
             ,
             hath
             in
             the
             Preamble
             ,
             that
             the
             Prelates
             had
             prayed
             the
             King
             that
             their
             Temporalties
             thenceforth
             might
             not
             be
             seised
             upon
             for
             such
             contempts
             ,
             sith
             they
             were
             Peers
             of
             the
             Land
             ,
             that
             is
             ,
             by
             their
             own
             sayings
             they
             were
             Peers
             ,
             for
             
             so
             it
             was
             only
             ,
             the
             Statute
             doth
             not
             make
             them
             so
             .
             The
             Record
             is
             ,
             that
             among
             the
             Petitions
             of
             the
             Clergy
             ,
             one
             is
             
               Come
               Ercevesques
               &
               Evesques
               tiegnent
               lour
               Temporaltees
               du
               Roi
               en
               Chief
               &
               pertant
               sont
               Pieres
               de
               la
               Terre
               ,
               come
               sont
               autres
               Countees
               &
               Barons
               ,
               quil
               vous
               pleise
               a
               eux
               graunter
               que
               nul
               Iustice
               pur
               soul
               contemptz
               puisse
               desoremes
               lour
               Temporaltees
               faire
               prendre
               ,
            
             &c.
             
             
               Seeing
               Archbishops
               and
               Bishops
               hold
               their
               Temporalties
               of
               the
               King
            
             in
             Capite
             ,
             
               and
               therefore
               are
               Peers
               of
               the
               Land
               as
               are
               other
               Earls
               and
               Barons
               ,
               that
               you
               will
               be
               pleased
               to
               grant
               unto
               them
               ,
               that
               no
               Iudge
               may
               henceforward
               for
               meer
               contempts
               cause
               their
               Temporalties
               to
               be
               seised
               :
            
             The
             Answer
             is
             ,
             That
             the
             Law
             is
             so
             ,
             and
             cannot
             be
             changed
             ,
             but
             the
             King
             is
             willing
             that
             in
             such
             Cases
             a
             reasonable
             Fine
             may
             be
             taken
             .
             So
             you
             see
             they
             indeed
             call
             themselves
             Peers
             ,
             which
             the
             King
             takes
             no
             notice
             of
             in
             his
             Answer
             ,
             but
             speaks
             to
             the
             matter
             of
             their
             Petition
             ;
             And
             even
             in
             his
             Answer
             intimates
             ,
             that
             they
             are
             
             not
             in
             the
             same
             condition
             with
             Earls
             and
             Barons
             ,
             for
             he
             saith
             the
             Law
             is
             so
             for
             them
             ,
             that
             is
             ,
             that
             they
             should
             forfeit
             their
             Temporalties
             for
             such
             Contempts
             ,
             which
             no
             man
             will
             say
             was
             the
             Law
             for
             Earls
             and
             Barons
             to
             forfeit
             their
             Lands
             for
             any
             Contempt
             ,
             but
             well
             were
             they
             liable
             perhaps
             to
             pay
             a
             good
             Fine
             for
             it
             :
             So
             then
             I
             may
             say
             that
             those
             Bishops
             were
             a
             little
             mistaken
             ,
             to
             affirm
             that
             they
             were
             Peers
             of
             the
             Land
             just
             as
             other
             Earls
             and
             Barons
             are
             .
          
           
             The
             other
             Statute
             is
             of
             the
             4
             
               H.
            
             5.
             and
             is
             only
             concerning
             
               Ireland
               ,
            
             it
             saith
             ,
             That
             by
             a
             Statute
             in
             
               Ireland
               ,
            
             no
             Irishman
             was
             to
             be
             preferred
             to
             any
             Dignity
             in
             the
             Church
             ,
             and
             yet
             some
             were
             made
             Archbishops
             and
             Bishops
             ,
             and
             they
             make
             their
             Collations
             to
             Irish
             Clerks
             ,
             then
             follows
             ,
             
               And
               whereas
               they
               are
               said
               to
               be
               Peers
               of
               the
               Parliament
               in
               the
               same
               Land
               ,
               they
               bring
               with
               them
               Irish
               Servants
               to
               Parliaments
               and
               Councils
               ,
               who
               give
               intelligence
               to
               the
               Irish
               Rebels
               .
            
             That
             Statute
             is
             now
             confirmed
             ;
             And
             what
             this
             makes
             to
             prove
             the
             English
             
             Bishops
             Peers
             of
             the
             Land
             ,
             I
             see
             not
             ,
             nor
             I
             think
             no
             body
             else
             can
             ,
             at
             most
             it
             can
             but
             declare
             them
             to
             be
             Peers
             of
             the
             Parliament
             of
             
               Ireland
               ,
            
             and
             it
             is
             too
             ,
             even
             for
             those
             Irish
             Bishops
             ,
             but
             that
             they
             are
             so
             said
             to
             be
             ,
             that
             is
             ,
             said
             to
             be
             Peers
             ,
             not
             that
             they
             are
             so
             .
          
           
             But
             to
             prove
             that
             they
             are
             not
             Peers
             of
             
               England
               ,
            
             I
             think
             we
             have
             a
             better
             Law
             ,
             even
             
               Magna
               Charta
            
             it self
             ;
             It
             saith
             ,
             That
             every
             man
             who
             is
             tried
             at
             the
             Kings
             sute
             must
             be
             tried
             by
             his
             Peers
             :
             Now
             ,
             if
             a
             Bishop
             be
             tried
             for
             any
             Capital
             offence
             ,
             he
             is
             tried
             by
             the
             Commoners
             ,
             and
             that
             is
             the
             Common
             Law
             of
             the
             Land
             ,
             it
             hath
             ever
             been
             so
             ,
             never
             otherwise
             ;
             then
             must
             Commoners
             be
             his
             Peers
             ,
             and
             he
             and
             Commoners
             must
             be
             
               Pares
               .
            
             The
             Great
             Charter
             of
             
               Englands
            
             Liberties
             
               Magna
               Charta
            
             declares
             them
             so
             :
             A
             Temporal
             Lord
             ,
             Duke
             ,
             Earl
             ,
             or
             Baron
             cannot
             be
             Judge
             in
             the
             Case
             of
             a
             Bishop
             ,
             except
             it
             be
             in
             Parliament
             ,
             where
             the
             Temporal
             Lords
             be
             the
             sole
             Judges
             ,
             and
             those
             to
             whom
             Judgment
             doth
             properly
             belong
             :
             nor
             on
             the
             other
             side
             
             can
             any
             Bishop
             be
             their
             Judge
             ,
             how
             then
             can
             they
             be
             said
             to
             be
             
               Pares
               ,
            
             Fellow
             Peers
             ?
             For
             my
             part
             I
             see
             not
             .
          
           
             Then
             for
             their
             being
             a
             Third
             Estate
             in
             Parliament
             (
             for
             which
             that
             Writer
             alledges
             Mr.
             
               Seldens
            
             authority
             )
             is
             a
             thing
             so
             contrary
             to
             Reason
             ,
             as
             I
             can
             no
             ways
             yield
             to
             it
             .
             First
             ,
             let
             me
             lay
             this
             foundation
             ,
             that
             I
             do
             acknowledge
             the
             Subjects
             of
             
               England
            
             to
             be
             divided
             into
             three
             Estates
             ,
             The
             Nobility
             ,
             the
             Clergy
             ,
             and
             the
             Commonalty
             ;
             these
             are
             the
             several
             Estates
             of
             the
             Kingdom
             ,
             and
             the
             Bishops
             are
             part
             ,
             and
             the
             chief
             part
             of
             one
             of
             these
             ,
             
               viz.
            
             the
             Clergy
             :
             And
             sometimes
             these
             three
             Estates
             have
             joyned
             in
             some
             transactions
             ,
             as
             9
             
               H.
            
             5.
             in
             the
             ratification
             of
             a
             Peace
             with
             the
             King
             of
             
               France
               ,
               Charles
            
             the
             Sixth
             ,
             who
             had
             desired
             it
             should
             be
             so
             ,
             he
             having
             had
             it
             ratified
             in
             
               France
            
             by
             the
             three
             Estates
             there
             ;
             the
             Record
             saith
             ,
             
               Uolensque
               idem
               Serenissimus
               Dominus
               noster
               pro
               parte
               sua
               dictam
               pacem
               &
               omnia
               &
               singula
               contenta
               in
               ea
               modo
               consimili
               
               per
               ipsum
               &
               tres
               Status
               Regni
               sui
               jurari
               ,
               firmari
               &
               roborari
               ,
               prout
               ex
               dicte
               pacis
               tenore
               astringitur
               &
               obligatur
               ,
               dictam
               pacem
               bene
               &
               fideliter
               in
               omnibus
               se
               observanturum
               in
               verbo
               Regio
               ,
               &
               ad
               Sancta
               Evangelia
               per
               ipsum
               corporaliter
               tacta
               juravit
               &
               promisit
               ,
               ac
               dictos
               tres
               status
               ,
            
             viz.
             
               Prelatos
               &
               Clerum
               ,
               Nobiles
               &
               Magnates
               ,
               nec
               non
               Communitates
               dicti
               Regni
               sui
               secundo
            
             Maii
             
               ad
               Palatium
               suum
            
             Westminst
             .
             
               ad
               majora
               firmitatem
               &
               robur
               Pacis
               predicte
               fecit
               congregari
               ,
               quibus
               quidem
               tribus
               statibus
               per
               Cancellarium
               suum
               tenorem
               dicte
               Pacis
               &
               singulos
               Articulos
               ejusdem
               seriose
               exponi
               fecit
               ,
               &c.
               
               The
               King
               willing
               for
               his
               part
               ,
               that
               the
               said
               Peace
               ,
               and
               all
               the
               particulars
               of
               it
               should
               in
               like
               manner
               be
               sworn
               to
               ,
               confirmed
               ,
               and
               ratified
               by
               Him
               and
               the
               three
               Estates
               of
               his
               Kingdom
               ,
               according
               as
               he
               was
               obliged
               by
               the
               tenour
               of
               it
               to
               do
               ,
               did
               swear
               and
               promise
               ,
               laying
               his
               hand
               upon
               the
               holy
               Evangelists
               ,
               in
               the
               word
               of
               a
               King
               ,
               that
               he
               would
               well
               and
               faithfully
               
               observe
               and
               keep
               it
               in
               every
               circumstance
               ;
               And
               the
               said
               three
               Estates
               ,
               to
               wit
               ,
               the
               Prelates
               and
               Clergy
               for
               one
               ,
               the
               Nobles
               and
               Great
               men
               for
               another
               ,
               and
               the
               Commons
               for
               the
               third
               ,
               he
               caused
               to
               come
               before
               him
               the
               second
               of
            
             May
             
               at
               his
               Palace
               of
            
             Westminster
             
               for
               the
               better
               confirmation
               and
               strengthening
               of
               the
               Peace
               ,
               to
               which
               three
               Estates
               he
               caused
               his
               Chancellour
               to
               declare
               what
               the
               Peace
               was
               ,
               and
               every
               Article
               thereof
            
             &c.
             
             Here
             indeed
             the
             Prelates
             ,
             and
             all
             the
             Clergy
             together
             with
             them
             ,
             are
             declared
             to
             be
             one
             of
             the
             three
             Estates
             of
             the
             Kingdom
             ,
             which
             is
             to
             be
             understood
             as
             they
             are
             assembled
             in
             the
             Convocation
             ,
             where
             all
             are
             present
             in
             their
             Persons
             ,
             or
             their
             Representatives
             ,
             but
             this
             is
             no
             part
             of
             the
             Parliament
             ,
             nor
             is
             it
             any
             ways
             entrusted
             with
             the
             Legislative
             power
             ,
             though
             it
             assemble
             in
             Parliament
             time
             .
             And
             in
             11
             
               H.
            
             7.
             the
             very
             same
             Case
             hapned
             again
             ,
             and
             the
             three
             Estates
             of
             the
             Kingdom
             joyned
             with
             the
             King
             in
             the
             Ratification
             of
             a
             Peace
             with
             
               France
            
             in
             the
             same
             manner
             .
          
           
             But
             the
             three
             Estates
             of
             Parliament
             are
             clean
             another
             thing
             ,
             Each
             must
             
             have
             a
             Negative
             voice
             to
             all
             that
             passeth
             there
             .
             If
             the
             Major
             part
             of
             the
             House
             of
             Commons
             be
             against
             any
             thing
             there
             proposed
             ,
             there
             is
             an
             end
             of
             it
             ,
             it
             is
             rejected
             .
             It
             is
             the
             same
             in
             the
             House
             of
             Lords
             ,
             and
             the
             Bishops
             are
             intermingled
             with
             the
             Temporal
             Lords
             in
             making
             up
             that
             Majority
             ,
             as
             part
             of
             that
             Majority
             :
             whereas
             were
             they
             one
             of
             the
             Estates
             ,
             reason
             would
             they
             should
             vote
             by
             themselves
             ,
             separately
             from
             the
             other
             L
             
               ds
            
             ,
             which
             would
             make
             another
             Estate
             ;
             but
             they
             do
             not
             only
             not
             vote
             apart
             by
             themselves
             the
             whole
             body
             of
             them
             together
             ,
             but
             even
             that
             body
             is
             divided
             and
             separated
             within
             it self
             ,
             one
             part
             from
             another
             .
             For
             the
             two
             Archbishops
             give
             their
             Votes
             after
             all
             the
             Nobility
             have
             given
             theirs
             ,
             and
             the
             rest
             of
             the
             Bishops
             between
             the
             Barons
             and
             the
             Viscounts
             ,
             so
             that
             the
             Barons
             excepted
             ,
             all
             the
             rest
             of
             the
             Peers
             ,
             Dukes
             ,
             Marquesses
             ,
             Earls
             ,
             and
             Viscounts
             divide
             the
             Archbishops
             from
             the
             Bishops
             :
             If
             then
             they
             be
             an
             Estate
             ,
             it
             is
             an
             Estate
             within
             an
             Estate
             ,
             like
             a
             Nest
             of
             Boxes
             one
             within
             another
             ,
             which
             how
             
             agreeable
             it
             is
             to
             reason
             ,
             let
             any
             man
             judge
             .
          
           
             Besides
             ,
             would
             it
             be
             for
             the
             honour
             of
             the
             House
             of
             Lords
             ,
             that
             two
             Estates
             must
             be
             put
             together
             to
             keep
             the
             ballance
             even
             with
             the
             House
             of
             Commons
             ,
             who
             are
             but
             one
             Estate
             ,
             and
             that
             their
             two
             should
             signifie
             no
             more
             than
             that
             one
             ?
             And
             most
             clearly
             it
             would
             be
             a
             great
             disparagement
             to
             the
             Peerage
             of
             the
             Kingdom
             ,
             the
             Temporal
             Lords
             ,
             and
             would
             make
             them
             to
             be
             a
             poor
             Estate
             ,
             that
             another
             Estate
             must
             be
             joyned
             to
             them
             ,
             to
             make
             up
             their
             Negative
             voice
             ,
             and
             set
             them
             upon
             even
             ground
             with
             the
             House
             of
             Commons
             .
          
           
             But
             this
             is
             further
             to
             be
             said
             ,
             were
             the
             Bishops
             one
             of
             the
             Three
             Estates
             ,
             a
             Parliament
             could
             not
             be
             held
             without
             them
             ,
             no
             Law
             ,
             no
             Act
             of
             Parliament
             could
             be
             made
             ,
             if
             the
             Major
             part
             of
             the
             Bench
             of
             Bishops
             did
             not
             agree
             to
             it
             ;
             but
             we
             know
             it
             to
             be
             otherwise
             in
             point
             of
             fact
             .
             Parliaments
             have
             sate
             without
             a
             Bishop
             ,
             and
             Acts
             of
             Parliament
             have
             been
             made
             the
             Bishops
             
             dissenting
             ,
             and
             our
             Law-Books
             say
             it
             may
             be
             so
             in
             point
             of
             Law
             :
             That
             it
             hath
             been
             so
             ,
             Bishop
             
               Iewel
            
             acknowledges
             it
             in
             his
             Defence
             of
             the
             Apology
             of
             the
             Church
             of
             
               England
               ,
               p.
            
             522.
             he
             bids
             you
             read
             the
             Statutes
             of
             
               Ed.
            
             1.
             and
             you
             will
             find
             ,
             that
             in
             a
             Parliament
             solemnly
             holden
             by
             him
             at
             St.
             
               Edmunds
               Bury
            
             the
             Archbishops
             and
             Bishops
             were
             quite
             shut
             forth
             ;
             and
             yet
             the
             Parliament
             held
             on
             ,
             and
             good
             and
             wholsom
             Laws
             were
             there
             enacted
             ,
             the
             Record
             saying
             ,
             
               Habito
               Rex
               cum
               suis
               Baronibus
               Parliamento
               ,
               &
               Clero
               excluso
               ,
            
             &c.
             
             
               The
               King
               holding
               a
               Parliament
               with
               his
               Barons
               ,
               and
               excluding
               the
               Clergy
               ,
            
             &c.
             
             
               Crompton
            
             hath
             this
             likewise
             in
             his
             Book
             of
             Courts
             under
             the
             Title
             ,
             
               Parliament
               ,
            
             p.
             19.
             b.
             So
             certainly
             that
             King
             did
             not
             believe
             his
             Clergy
             to
             be
             a
             Third
             Estate
             of
             his
             Parliament
             ,
             or
             he
             would
             never
             have
             left
             them
             out
             :
             for
             it
             must
             necessarily
             have
             followed
             that
             his
             Parliament
             would
             have
             been
             lame
             and
             imperfect
             :
             But
             doubtless
             he
             knew
             the
             Law
             to
             be
             ,
             as
             all
             the
             Judges
             of
             
               England
            
             said
             it
             
             was
             in
             
               Henry
            
             the
             Eighths
             time
             when
             the
             question
             was
             ,
             as
             the
             Title
             of
             the
             Book
             Case
             runs
             in
             
               Keilways
            
             Reports
             ,
             
               p.
            
             180.
             b.
             
               Lou
               Supreme
               Iurisdiction
               perteigne
               al
               Roy
               ou
               al
               Pape
               ,
               To
               whom
               the
               Supreme
               Iurisdiction
               belongs
               to
               the
               King
               or
               the
               Pope
               ?
            
             For
             that
             hath
             still
             been
             in
             competition
             between
             the
             Crown
             and
             that
             Clergy
             ,
             I
             mean
             the
             Popish
             Clergy
             .
             It
             is
             in
             Dr.
             
               Standishes
            
             Case
             ,
             7
             
               H.
            
             8.
             p.
             184.
             b.
             
               Les
               Iustices
               disoient
               que
               nostre
               Sr.
               le
               Roy
               poit
               assez
               bien
               tener
               son
               Parlement
               per
               luy
               &
               ses
               Temporal
               Seigniors
               &
               per
               ses
               Commons
               ,
               tout
               sans
               les
               Spirituals
               Seigniors
               ,
               car
               les
               Spiritual
               Seigniors
               nont
               ascunt
               place
               en
               le
               Parlement
               chamber
               per
               reason
               de
               lour
               Spiritualtie
               ,
               meis
               solement
               per
               reason
               de
               lour
               Temporal
               possessions
               ,
               The
               Iudges
               said
               ,
               That
               our
               Lord
               the
               King
               might
               well
               enough
               hold
               his
               Parliament
               by
               himself
               and
               the
               Lords
               Temporal
               and
               his
               Commons
               ,
               wholly
               without
               Lords
               Spiritual
               ,
               for
               the
               Lords
               Spiritual
               have
               no
               place
               in
               Parliament
               by
               reason
               of
               their
               Spiritualty
               ,
               but
               by
               reason
               of
               their
               Temporal
               
               possessions
            
             ;
             that
             is
             ,
             holding
             their
             Lands
             ,
             their
             Temporal
             possessions
             in
             nature
             of
             Baronies
             ,
             
               sicut
               Baroniam
               ,
            
             as
             it
             is
             in
             the
             
               Constitutions
               of
               Clarendon
               ,
            
             not
             that
             they
             were
             truly
             and
             really
             Barons
             ,
             enobled
             in
             bloud
             ,
             but
             by
             their
             Tenure
             of
             such
             Land
             dignified
             to
             sit
             in
             Parliament
             ,
             and
             do
             the
             King
             service
             there
             ,
             as
             the
             Temporal
             Lords
             by
             their
             Tenure
             were
             bound
             to
             do
             .
          
           
             For
             this
             was
             the
             Policy
             of
             
               William
            
             the
             First
             ,
             he
             divided
             all
             the
             Lands
             that
             escheated
             to
             him
             by
             his
             conquest
             into
             so
             many
             Knights
             Fees
             ,
             and
             so
             many
             Knights
             Fees
             he
             erected
             into
             a
             Barony
             ,
             the
             Temporalties
             of
             Bishops
             likewise
             ,
             and
             so
             of
             many
             Abbots
             and
             Priors
             he
             erected
             into
             Baronies
             ,
             all
             to
             hold
             of
             him
             
               in
               Capite
               ,
            
             and
             upon
             account
             of
             those
             Baronies
             both
             the
             Temporal
             Lords
             and
             the
             Spiritual
             Lords
             ,
             not
             only
             Bishops
             ,
             but
             also
             those
             Abbots
             and
             Priors
             had
             of
             right
             place
             in
             Parliament
             ,
             and
             were
             bound
             to
             serve
             him
             there
             :
             Now
             ,
             I
             would
             ask
             if
             they
             all
             holding
             by
             one
             Tenure
             ,
             and
             by
             that
             
             Tenure
             sitting
             in
             Parliament
             could
             possibly
             be
             imagined
             to
             be
             two
             different
             Estates
             ?
             Certainly
             ,
             they
             could
             not
             be
             then
             two
             different
             Estates
             ,
             for
             they
             were
             all
             Feodal
             Barons
             ;
             And
             what
             hath
             since
             hapned
             to
             make
             a
             difference
             ?
             The
             change
             hath
             been
             only
             this
             ;
             The
             Temporal
             Lords
             holding
             so
             by
             their
             Tenure
             grew
             so
             numerous
             ,
             that
             King
             
               Iohn
            
             put
             them
             into
             two
             ranks
             ,
             of
             
               Barones
               Majores
               ,
            
             and
             
               Barones
               Minores
               ,
            
             and
             only
             the
             
               Majores
            
             had
             Writs
             of
             Summons
             to
             come
             to
             Parliament
             .
             Afterwards
             in
             
               Richard
            
             the
             Seconds
             time
             Barons
             were
             created
             by
             Patent
             ,
             and
             so
             had
             Place
             and
             vote
             in
             Parliament
             .
             I
             ask
             now
             ,
             if
             it
             be
             probable
             ,
             nay
             ,
             if
             it
             be
             possible
             ,
             that
             this
             should
             alter
             the
             constitution
             of
             Parliament
             ,
             that
             that
             House
             which
             before
             consisted
             but
             of
             one
             of
             the
             Estates
             ,
             should
             now
             be
             divided
             into
             two
             Estates
             .
             They
             are
             still
             qualified
             to
             be
             Members
             of
             Parliament
             as
             before
             ,
             a
             Baron
             sate
             as
             a
             Baron
             ,
             an
             Earl
             as
             an
             Earl
             ;
             Being
             made
             by
             Patent
             ,
             or
             by
             Writ
             ,
             or
             by
             holding
             such
             a
             proportion
             of
             Land
             ,
             alters
             not
             
             the
             case
             as
             to
             their
             sitting
             in
             Parliament
             ,
             for
             it
             is
             being
             of
             such
             a
             degree
             ,
             which
             makes
             them
             Peers
             of
             Parliament
             ,
             how
             they
             rose
             to
             that
             degree
             is
             not
             material
             .
             And
             what
             should
             make
             the
             Lords
             Spiritual
             ,
             who
             have
             received
             no
             change
             in
             their
             being
             called
             to
             be
             Members
             of
             that
             House
             ,
             to
             be
             now
             an
             Estate
             by
             themselves
             ,
             which
             they
             were
             not
             before
             ?
             I
             profess
             I
             see
             not
             the
             least
             colour
             of
             reason
             to
             think
             there
             should
             be
             any
             change
             ,
             but
             as
             they
             were
             in
             the
             beginning
             ,
             so
             they
             are
             still
             ,
             no
             other
             than
             Fellow
             Members
             of
             that
             House
             with
             the
             Temporal
             Lords
             ,
             and
             together
             make
             up
             one
             House
             .
          
           
             But
             this
             is
             also
             to
             be
             considered
             ,
             that
             if
             the
             Bishops
             were
             a
             Third
             Estate
             of
             Parliament
             ,
             not
             only
             the
             Parliament
             could
             not
             be
             held
             without
             them
             ,
             but
             nothing
             could
             pass
             in
             Parliament
             ,
             that
             at
             least
             the
             Major
             part
             of
             them
             should
             not
             assent
             to
             :
             But
             so
             far
             from
             that
             ,
             not
             only
             what
             we
             find
             in
             the
             Journals
             of
             former
             times
             ,
             but
             daily
             experience
             tells
             us
             ,
             that
             Acts
             have
             passed
             not
             only
             
             when
             the
             Major
             part
             of
             that
             Bench
             was
             against
             them
             ,
             but
             many
             times
             when
             the
             whole
             Bench
             was
             strongly
             of
             another
             mind
             .
          
           
             20
             
               R.
            
             2.
             
             The
             Bishops
             upon
             occasion
             of
             the
             Statute
             of
             Provisors
             enter
             a
             Protestation
             
               against
               whatsoever
               should
               be
               done
               in
               derogation
               or
               restriction
               of
               the
               power
               of
               their
               Holy
               Father
               the
               Pope
               ,
               saying
               they
               were
               sworn
               to
               his
               Holiness
               ,
               and
               to
               the
               Court
               of
            
             Rome
             :
             These
             were
             likely
             to
             make
             a
             good
             Third
             Estate
             of
             an
             
               English
            
             Parliament
             :
             And
             is
             it
             not
             then
             a
             wonder
             that
             any
             Engiish
             man
             should
             desire
             to
             bring
             Popery
             in
             again
             ,
             for
             Bishops
             to
             controule
             both
             King
             and
             Parliament
             ?
             Would
             it
             not
             set
             even
             Monarchy
             it self
             one
             degree
             lower
             ?
             Sure
             it
             would
             :
             But
             this
             is
             by
             the
             way
             .
             Consider
             further
             ,
             that
             if
             they
             had
             had
             such
             a
             power
             of
             being
             a
             Third
             Estate
             in
             the
             days
             of
             Queen
             
               Elizabeth
               ,
            
             those
             good
             Acts
             for
             a
             Reformation
             in
             Religion
             had
             never
             pased
             ,
             and
             the
             Reformation
             had
             never
             been
             .
             1
             
               Eliz.
            
             The
             Bill
             for
             restoring
             the
             first
             Fruits
             and
             Tenths
             to
             the
             Imperial
             
             Crown
             of
             
               England
               ,
            
             which
             passed
             
               February
            
             4.
             
             The
             Bill
             for
             restoring
             the
             Supremacy
             to
             the
             Crown
             ,
             and
             repealing
             divers
             Acts
             made
             to
             the
             contrary
             ,
             which
             passed
             
               March
            
             18.
             
             The
             Bill
             giving
             authority
             to
             the
             Queen
             upon
             avoidance
             of
             a
             Bishoprick
             to
             take
             some
             part
             of
             the
             Temporalties
             into
             her
             hands
             ,
             recompensing
             the
             same
             with
             Impropriate
             Parsonages
             ,
             which
             passed
             
               April
            
             7.
             
             All
             the
             Bishops
             present
             were
             against
             the
             passing
             of
             these
             Bills
             .
             And
             before
             that
             ,
             in
             
               Edward
            
             the
             Sixths
             time
             ,
             they
             were
             against
             the
             Bill
             for
             Priests
             to
             marry
             ,
             which
             passed
             
               Feb.
            
             19.
             2
             
             
               E.
            
             6.
             
             So
             the
             Bill
             for
             ordering
             Ecclesiastical
             Ministers
             ,
             giving
             power
             to
             Six
             Prelates
             ,
             and
             Six
             other
             men
             ,
             learned
             in
             the
             Laws
             ,
             to
             set
             down
             the
             form
             and
             manner
             of
             their
             Consecration
             ,
             which
             passed
             
               Ian.
            
             25.3
             
               E.
            
             6.
             
             The
             Bill
             for
             nominating
             thirty
             two
             Persons
             to
             peruse
             the
             Ecclesiastical
             Laws
             ,
             which
             passed
             
               Ian.
            
             31.
             
             The
             Bill
             for
             abolishing
             and
             putting
             away
             divers
             superstitious
             Books
             ,
             as
             Legends
             ,
             Missals
             ,
             Processionals
             ,
             and
             the
             like
             ,
             and
             
             taking
             away
             Images
             out
             of
             Churches
             and
             Chappels
             ,
             which
             passed
             also
             that
             Parliament
             .
             All
             these
             good
             Bills
             the
             Bishops
             were
             against
             ,
             yet
             they
             passed
             into
             Laws
             ,
             and
             were
             the
             foundation
             of
             our
             Reformation
             ,
             which
             ,
             had
             they
             been
             a
             Third
             Estate
             ,
             had
             never
             been
             laid
             ,
             for
             those
             Bills
             had
             not
             passed
             .
             But
             you
             will
             say
             perhaps
             ,
             that
             we
             need
             not
             fear
             such
             mischiefs
             and
             inconvenience
             from
             our
             Protestant
             Bishops
             ,
             and
             I
             grant
             it
             ,
             nor
             do
             I
             urge
             these
             things
             with
             any
             such
             apprehension
             ;
             I
             only
             shew
             you
             what
             the
             Popish
             Bishops
             did
             then
             ,
             and
             that
             if
             they
             had
             been
             a
             Third
             Estate
             ,
             such
             mischiefs
             would
             have
             followed
             upon
             it
             ,
             and
             thence
             to
             infer
             ,
             That
             they
             were
             not
             in
             those
             times
             so
             accounted
             ,
             and
             that
             our
             Protestant
             Bishops
             cannot
             then
             pretend
             to
             it
             now
             ,
             They
             then
             ,
             and
             These
             now
             having
             Place
             and
             Vote
             in
             Parliament
             upon
             the
             same
             terms
             .
          
           
             But
             then
             we
             have
             good
             Authority
             to
             inform
             us
             which
             are
             truly
             the
             Three
             Estates
             :
             King
             
               Iames
            
             seems
             to
             make
             it
             clear
             in
             a
             Speech
             he
             made
             at
             the
             Prorogation
             of
             the
             Parliament
             in
             the
             year
             
             1605.
             the
             words
             are
             these
             ,
             
               As
               for
               the
               thing
               it self
            
             (
             that
             is
             ,
             the
             Parliament
             )
             
               it
               is
               composed
               of
               a
               Head
               and
               a
               Body
               ,
               The
               Head
               is
               the
               King
               ,
               the
               Body
               are
               the
               Members
               of
               the
               Parliament
               ;
               This
               Body
               again
               is
               subdivided
               into
               two
               parts
               ,
               the
               Vpper
               and
               the
               Lower
               House
               .
               The
               Vpper
               House
               compounded
               partly
               of
               Nobility
               ,
               Temporal
               men
               ,
               who
               are
               Heritable
               Counsellours
               to
               the
               High
               Court
               of
               Parliament
               by
               the
               honour
               of
               their
               Creation
               and
               Lands
               ;
               And
               partly
               of
               Bishops
               ,
               Spiritual
               men
               ,
               who
               are
               likewise
               by
               the
               virtue
               of
               their
               Place
               and
               Dignity
               Counsellours
               ,
               Life
               Renters
               ,
               or
               Advitam
               of
               this
               Court.
               The
               other
               House
               is
               composed
               of
               Knights
               for
               the
               Shires
               and
               Gentry
               ,
               and
               Burgesses
               for
               the
               Towns.
               But
               because
               the
               number
               would
               be
               infinite
               for
               all
               the
               Gentlemen
               and
               Burgesses
               to
               be
               present
               at
               every
               Parliament
               ,
               therefore
               a
               certain
               number
               is
               selected
               and
               chosen
               out
               of
               the
               great
               Body
               ,
               serving
               only
               for
               that
               Parliament
               ,
               where
               their
               Persons
               are
               the
               Representation
               of
               that
               Body
               .
            
             You
             see
             that
             wise
             King
             makes
             the
             Body
             to
             consist
             of
             Two
             Parts
             ,
             the
             Upper
             House
             ,
             or
             the
             House
             
             of
             Lords
             to
             be
             one
             of
             those
             parts
             ,
             consisting
             of
             Lords
             Temporal
             ,
             and
             Lords
             Spiritual
             ,
             who
             together
             make
             one
             part
             ;
             And
             the
             House
             of
             Commons
             another
             part
             :
             It
             is
             true
             ,
             he
             calls
             neither
             of
             them
             an
             Estate
             ,
             but
             most
             certain
             he
             cannot
             be
             thought
             to
             understand
             the
             Spiritual
             Lords
             to
             be
             an
             Estate
             by
             themselves
             ,
             making
             them
             to
             be
             but
             a
             Part
             of
             one
             of
             the
             Parts
             of
             that
             Body
             :
             For
             by
             the
             same
             reason
             he
             may
             be
             said
             to
             make
             the
             House
             of
             Commons
             consist
             of
             two
             Estates
             ,
             saying
             ,
             it
             is
             composed
             of
             Knights
             of
             the
             Shires
             ,
             and
             Burgesses
             for
             the
             Towns.
             But
             King
             
               Charles
            
             the
             First
             is
             plainer
             in
             his
             expressions
             ,
             in
             his
             Answer
             to
             the
             Nineteen
             Propositions
             sent
             to
             him
             from
             the
             two
             Houses
             ,
             
               Iune
            
             2.
             1642.
             
             He
             tells
             them
             ,
             
               That
               neither
               one
               Estate
               should
               transact
               what
               is
               proper
               for
               two
               ,
               nor
               two
               what
               is
               proper
               for
               three
               .
            
             And
             in
             that
             same
             Answer
             he
             saith
             a
             little
             after
             ,
             
               It
               is
               most
               unreasonable
               that
               two
               Estates
               proposing
               something
               to
               the
               Third
               ,
               the
               Third
               should
               be
               bound
               to
               take
               no
               advice
               whether
               it
               were
               fit
               to
               pass
               ,
               but
               from
               those
               two
               ,
               who
               
               did
               propose
               it
               .
            
             Nothing
             can
             be
             clearer
             than
             this
             ,
             to
             shew
             what
             the
             opinion
             of
             that
             good
             King
             was
             concerning
             the
             three
             Estates
             in
             Parliament
             .
          
           
             And
             2
             
               H.
            
             4.
             n.
             32.
             
             It
             is
             so
             declared
             by
             the
             House
             of
             Commons
             even
             to
             the
             King
             himself
             ,
             and
             to
             the
             Lords
             ,
             
               That
               the
               three
               Estates
               of
               Parliament
               are
               the
               King
               ,
               the
               Lords
               Spiritual
               and
               Temporal
               ,
               and
               the
               Commons
               ,
               who
               should
               all
               be
               at
               an
               Vnity
               among
               themselves
               ,
               and
               therefore
               hearing
               there
               were
               some
               differences
               between
               the
               Lords
               ,
               they
               humbly
               prayed
               the
               King
               to
               compose
               them
               .
            
          
           
             And
             
               Stephen
               Gardiner
            
             Bishop
             of
             
               Winchester
               ,
            
             sometime
             Lord
             Chancellor
             ,
             an
             ancient
             Parliament-man
             in
             
               Henry
            
             the
             Eighths
             time
             ,
             who
             well
             understood
             the
             constitution
             of
             Parliaments
             ,
             in
             his
             Letter
             to
             the
             Lord
             Protector
             in
             
               Edward
            
             the
             Sixths
             time
             ,
             which
             Letter
             is
             in
             the
             second
             Volume
             of
             the
             Book
             of
             Martyrs
             ,
             Printed
             in
             1641.
             p.
             7.
             doth
             acknowledge
             it
             ,
             and
             saith
             ,
             That
             the
             three
             Estates
             make
             a
             Law
             ,
             and
             compares
             the
             three
             Estates
             in
             Parliament
             to
             the
             three
             Christian
             Vertues
             ,
             Faith
             ,
             
             Hope
             ,
             and
             Charity
             ,
             and
             saith
             ,
             That
             it
             were
             the
             same
             absurdity
             and
             untruth
             to
             say
             the
             Higher
             House
             and
             the
             Lower
             House
             exclude
             the
             King
             in
             the
             Office
             of
             making
             Laws
             ,
             as
             it
             would
             be
             in
             Religion
             to
             say
             ,
             that
             Faith
             excludeth
             Charity
             in
             the
             Office
             of
             Justification
             .
             Here
             you
             have
             the
             Testimony
             of
             a
             Bishop
             :
             I
             confess
             ,
             a
             Popish
             Bishop
             ,
             as
             you
             may
             see
             by
             his
             application
             of
             this
             Simile
             ,
             to
             make
             Charity
             (
             that
             is
             ,
             works
             of
             Charity
             )
             to
             have
             a
             part
             in
             Justification
             .
             But
             I
             meddle
             not
             with
             his
             Divinity
             :
             As
             to
             that
             which
             he
             saith
             of
             the
             Estates
             in
             Parliament
             ,
             he
             is
             in
             the
             right
             ,
             and
             he
             was
             one
             that
             knew
             well
             enough
             what
             was
             due
             to
             the
             Order
             of
             Bishops
             ,
             even
             to
             the
             full
             extent
             of
             it
             ,
             and
             would
             not
             have
             shortned
             it
             the
             breadth
             of
             one
             hair
             ,
             yet
             he
             makes
             them
             not
             an
             Estate
             by
             themselves
             ,
             but
             as
             joyned
             with
             the
             Lords
             Temporal
             .
          
           
             Then
             for
             the
             Common
             Law
             ,
             you
             have
             
               Finch
            
             in
             his
             Book
             of
             Law
             dedicated
             to
             King
             
               Iames
               ,
            
             the
             first
             Chapter
             of
             the
             second
             Book
             ,
             
               p.
            
             21.
             who
             saith
             the
             
             very
             same
             thing
             in
             very
             plain
             terms
             :
             His
             words
             are
             these
             ,
             
               Lassemblie
               de
               ceux
               trois
               Estates
               c
               '
               est
               assavoir
               ,
               Roy
               ,
               Nobilitie
               ,
               &
               Commons
               ,
               qui
               sont
               le
               Corps
               del
               Realme
               ,
               est
               appel
               une
               Parlement
               ,
               &
               lour
               decree
               un
               Act
               de
               Parlement
               ,
               car
               sans
               touts
               troys
               (
               come
               si
               soit
               fait
               per
               Roy
               &
               Seigniors
               ,
               mes
               rien
               parle
               del
               Commons
               )
               nest
               ascun
               Act
               de
               Parlement
               ,
               The
               Assembly
               of
               the
               Three
               Estates
               ,
               that
               is
               to
               say
               ,
               King
               ,
               Nobles
               ,
               and
               Commons
               ,
               who
               are
               the
               Body
               of
               the
               Realm
               ,
               is
               called
               a
               Parliament
               ,
               and
               their
               Decree
               is
               an
               Act
               of
               Parliament
               ,
               for
               without
               all
               three
               (
               as
               if
               it
               were
               done
               by
               the
               King
               and
               Lords
               ,
               and
               no
               mention
               of
               the
               Commons
               )
               it
               is
               no
               Act
               of
               Parliament
               .
            
             Can
             any
             thing
             be
             plainer
             ?
          
           
             You
             see
             now
             with
             how
             little
             appearance
             of
             truth
             the
             Writer
             of
             that
             Paper
             takes
             upon
             him
             to
             declare
             Bishops
             to
             be
             either
             Peers
             of
             the
             Land
             ,
             or
             one
             of
             the
             Three
             Estates
             ,
             and
             what
             ill
             Topicks
             he
             hath
             chosen
             to
             prove
             them
             to
             have
             right
             of
             Judicature
             in
             all
             Cases
             Criminal
             and
             Capital
             ,
             for
             that
             is
             his
             Assertion
             upon
             it
             .
          
           
           
             For
             what
             he
             cites
             out
             of
             some
             Year-books
             ,
             that
             in
             some
             pleadings
             their
             Counsel
             calls
             them
             Peers
             ,
             will
             not
             make
             them
             so
             ;
             nay
             ,
             should
             the
             Judges
             themselves
             stile
             them
             Peers
             ,
             as
             perhaps
             they
             might
             complement
             the
             potent
             Clergy
             of
             those
             days
             ,
             it
             could
             not
             alter
             the
             Law
             of
             the
             Land
             ,
             which
             makes
             Commoners
             their
             Peers
             ,
             seeing
             they
             are
             to
             be
             tried
             by
             Commoners
             .
          
           
             As
             for
             matter
             of
             Fact
             ,
             to
             prove
             that
             they
             have
             Judged
             in
             Capital
             Cases
             ,
             he
             cites
             the
             Protestation
             in
             the
             eleventh
             of
             
               R.
            
             2.
             and
             then
             their
             making
             their
             Procurator
             ,
             and
             so
             Judging
             by
             Proxy
             in
             the
             21
             of
             
               R.
            
             2.
             
             To
             which
             I
             need
             say
             nothing
             in
             this
             Postscript
             ,
             having
             so
             largely
             in
             my
             Letter
             treated
             of
             it
             .
          
           
             Then
             he
             gives
             many
             Precedents
             of
             their
             voting
             in
             Bills
             of
             Attainder
             ,
             which
             is
             all
             Not
             to
             the
             purpose
             ,
             for
             that
             is
             not
             in
             Question
             .
             Acts
             of
             Attainder
             are
             Laws
             ,
             and
             every
             Freeman
             is
             supposed
             to
             give
             his
             Consent
             to
             every
             Law
             ,
             either
             by
             his
             Representative
             ,
             or
             in
             Person
             if
             a
             Member
             of
             Parliament
             ;
             And
             Bishops
             being
             Members
             may
             I
             think
             
             claim
             to
             do
             it
             Personally
             .
          
           
             So
             I
             have
             done
             with
             the
             Paper
             ,
             and
             come
             to
             the
             Printed
             Book
             ,
             stiled
             ,
             
               The
               Honours
               of
               the
               Lords
               Spiritual
               asserted
            
             ;
             And
             Six
             Chapters
             are
             taken
             up
             in
             blazoning
             their
             Honour
             ,
             which
             no
             body
             endeavours
             to
             take
             from
             them
             ,
             nor
             do
             I
             think
             it
             to
             be
             any
             part
             or
             degree
             of
             Honour
             ,
             to
             judge
             men
             to
             death
             .
             It
             is
             certainly
             an
             employment
             which
             in
             my
             opinion
             no
             body
             will
             envy
             to
             any
             that
             hath
             it
             .
             Then
             for
             those
             great
             Places
             which
             the
             Bishops
             enjoyed
             here
             in
             
               England
               ,
            
             mentioned
             in
             the
             fifth
             Chapter
             ,
             I
             no
             ways
             wonder
             at
             it
             ;
             we
             know
             ,
             that
             Popish
             Clergy
             had
             ambition
             enough
             to
             covet
             to
             have
             the
             whole
             rule
             ,
             and
             in
             those
             blind
             and
             superstitious
             times
             power
             enough
             to
             obtain
             what
             they
             had
             a
             mind
             to
             ,
             both
             Prince
             and
             People
             in
             a
             manner
             awed
             by
             them
             ;
             who
             yet
             sometimes
             would
             complain
             ,
             and
             break
             out
             a
             little
             ,
             as
             Scholars
             sometimes
             rise
             against
             their
             School-masters
             .
             So
             45
             
               E.
            
             3.
             
             The
             two
             Houses
             joyn
             ,
             
               Countes
               ,
               Barones
               &
               Communes
               ,
            
             and
             represent
             to
             the
             King
             ,
             how
             the
             Government
             
             of
             the
             Kingdom
             had
             been
             a
             long
             time
             in
             the
             hands
             of
             the
             Clergy
             ,
             
               Per
               ent
               grant
               mischiefs
               &
               dammages
               sont
               avenuz
               en
               temps
               passe
               &
               pluis
               purroit
               eschier
               en
               temps
               avenir
               al
               disherison
               de
               la
               Coronne
               ,
               &
               grant
               prejudice
               du
               Royalme
               ,
               Whereby
               great
               mischiefs
               and
               damages
               have
               happened
               in
               times
               past
               ,
               and
               more
               may
               fall
               out
               in
               time
               to
               come
               ,
               to
               the
               disherison
               of
               the
               Crown
               ,
               and
               great
               prejudice
               to
               the
               Realm
            
             ;
             And
             therefore
             they
             humbly
             pray
             the
             King
             ,
             that
             he
             would
             employ
             Laymen
             .
             So
             20
             
               R.
            
             2.
             
             The
             Commons
             complain
             ,
             
               That
               the
               King
               kept
               so
               many
               Bishops
               about
               him
               in
               his
               Court
               ,
               and
               advanced
               them
               and
               their
               followers
               .
            
             Therefore
             you
             see
             it
             was
             not
             always
             pleasing
             to
             the
             Kingdom
             :
             But
             all
             this
             is
             by
             the
             By
             ;
             though
             that
             Author
             takes
             a
             great
             deal
             of
             pains
             to
             enlarge
             himself
             upon
             this
             Subject
             ,
             which
             is
             not
             at
             all
             to
             our
             purpose
             ,
             nor
             deciding
             the
             point
             in
             question
             one
             way
             or
             other
             .
          
           
             In
             his
             two
             last
             Chapters
             ,
             the
             seventh
             and
             the
             eighth
             only
             ,
             he
             toucheth
             upon
             
             it
             .
             He
             first
             gives
             this
             for
             a
             Rule
             ,
             
               That
               it
               was
               the
               common
               usage
               and
               right
               of
               the
               Bishops
               in
               ancient
               times
               to
               sit
               and
               vote
               in
               Parliament
               in
               all
               Cases
               ,
               as
               well
               Criminal
               as
               otherwise
               ,
               either
               by
               themselves
               or
               their
               Proxies
               .
            
             As
             for
             their
             Proxies
             ,
             as
             I
             have
             already
             said
             ,
             it
             was
             never
             done
             but
             in
             one
             Parliament
             ,
             which
             Parliament
             is
             repealed
             ,
             and
             all
             that
             was
             done
             in
             it
             ,
             of
             no
             signification
             .
             And
             besides
             ,
             as
             I
             have
             already
             told
             you
             in
             my
             Letter
             ,
             if
             that
             Parliament
             had
             not
             been
             repealed
             ,
             yet
             that
             unparliamentary
             Nonsensical
             action
             of
             the
             whole
             Bench
             of
             Bishops
             ,
             and
             all
             the
             Clergy
             with
             them
             ,
             empowering
             one
             Man
             ,
             as
             they
             did
             Sir
             
               Thomas
               Percy
               ,
            
             to
             give
             one
             Vote
             for
             them
             all
             ,
             shews
             the
             manifest
             indispensable
             unlawfulness
             of
             their
             being
             Personally
             Present
             ,
             that
             rather
             than
             that
             should
             be
             ,
             such
             an
             Irrational
             Unprecedented
             thing
             should
             be
             admitted
             of
             ;
             which
             is
             my
             Answer
             to
             all
             that
             he
             saith
             ,
             and
             to
             the
             Precedent
             that
             he
             quotes
             out
             of
             the
             21
             of
             
               R.
            
             2.
             
          
           
             Now
             let
             us
             examine
             what
             he
             saith
             of
             
             their
             being
             in
             Person
             present
             at
             such
             Trials
             .
             He
             quotes
             
               Bromptons
            
             Chronicle
             ,
             reciting
             among
             the
             Laws
             of
             King
             
               Athelstan
            
             this
             concerning
             Bishops
             ,
             I
             will
             cite
             
             Brompton's
             words
             right
             as
             they
             are
             ,
             
               Episcopo
               jure
               pertinet
               omnem
               rectitudinem
               promovere
               Dei
               ,
               viz.
               &
               seculi
               ,
               It
               appertains
               of
               right
               to
               a
               Bishop
               ,
               to
               promote
               that
               which
               is
               right
               both
               concerning
               God
               and
               the
               World.
            
             A
             little
             after
             he
             saith
             ,
             
               Debet
               etiam
               sedulo
               pacem
               &
               concordiam
               operari
               cum
               seculi
               Iudicibus
               ,
               He
               ought
               likewise
               diligently
               together
               with
               the
               secular
               Iudges
               to
               promote
               Peace
               and
               Concord
               .
            
             After
             he
             saith
             ,
             
               Debent
               Episcopi
               cum
               seculi
               Iudicibus
               interesse
               Iudiciis
               ne
               permittant
               si
               possint
               ,
               ut
               aliqua
               pravitatum
               germina
               pullulaverint
               ,
               The
               Bishops
               ought
               to
               be
               present
               in
               Iudgments
               with
               the
               Secular
               Iudges
               ,
               not
               to
               suffer
               any
               buds
               of
               wickedness
               to
               sprout
               if
               they
               can
               hinder
               it
               .
            
             Then
             he
             tells
             you
             what
             they
             must
             do
             in
             their
             Judgings
             ,
             see
             that
             every
             man
             have
             right
             ,
             that
             rich
             men
             do
             not
             oppress
             poor
             men
             ,
             nor
             Masters
             their
             Servants
             ,
             and
             the
             like
             ,
             
             and
             to
             look
             to
             Weights
             and
             Measures
             ,
             that
             there
             be
             no
             cozening
             nor
             cheating
             ,
             but
             that
             they
             may
             live
             like
             Christians
             .
             Here
             is
             nothing
             of
             judging
             a
             Capital
             Crime
             ;
             far
             from
             it
             .
          
           
             His
             next
             Authority
             is
             out
             of
             Sir
             
               Henry
               Spelmans
            
             Glossary
             upon
             the
             word
             
               Comes
            
             ;
             there
             it
             is
             ,
             
               Comes
               presidebat
               foro
               Comitatus
               ,
               non
               solus
               ,
               sed
               adjunctus
               Episcopo
               ,
               hic
               ut
               jus
               divinum
               ,
               alter
               ut
               humanum
               diceret
               ,
               alterque
               alteri
               auxilio
               esset
               &
               consilio
               ,
               Presertim
               Episcopus
               Comiti
               ;
               Nam
               in
               hunc
               illi
               animadvertere
               sepe
               licuit
               ,
               &
               errantem
               cohibere
               ,
               The
               Earl
               did
               preside
               in
               the
               County
               Court
               ,
               not
               alone
               ,
               but
               joyned
               with
               the
               Bishop
               :
               He
               ,
               to
               deliver
               what
               was
               Gods
               Law
               ;
               the
               other
               ,
               what
               was
               Mans
               Law
               :
               And
               that
               the
               one
               should
               help
               and
               counsel
               the
               other
               ;
               especially
               the
               Bishop
               to
               do
               it
               to
               the
               Earl
               ,
               for
               it
               was
               lawful
               for
               him
               sometimes
               to
               reprove
               the
               other
               ,
               and
               to
               reduce
               him
               ,
               bring
               him
               into
               order
               if
               he
               went
               astray
               .
            
             He
             leaves
             out
             what
             the
             Bishops
             work
             was
             ,
             he
             omits
             that
             clause
             ,
             
               Episcopus
               ut
               jus
               Divinum
               diceret
               ,
            
             for
             
             this
             was
             not
             to
             try
             Capital
             Crimes
             :
             But
             Sir
             
               Henry
               Spelman
            
             tells
             us
             further
             ,
             that
             that
             Court
             had
             cognisance
             but
             of
             petty
             matters
             ,
             
               De
               causis
               Magnatum
               &
               Potentiorum
               non
               cognovit
               Comes
               ,
               nam
               he
               ad
               Aulam
               Regiam
               deferende
               ,
               Pauperum
               tantum
               &
               minus
               potentum
               judicabat
               .
               Hinc
               &
               Legibus
               nostris
               hodie
               prohibetur
               debili
               aut
               injuriarum
               actiones
               in
               Comitatu
               intendere
               ,
               si
               rei
               litigate
               valor
               non
               sit
               minor
            
             40
             
               solidis
               ,
               The
               Earl
               hath
               not
               cognisance
               of
               great
               mens
               business
               ,
               for
               such
               matters
               are
               to
               be
               brought
               into
               the
               Kings
               Courts
               ,
               he
               only
               judges
               poor
               mens
               Causes
               .
               Hence
               it
               is
               ,
               that
               by
               our
               Law
               Actions
               for
               Debt
               and
               Trespasses
               are
               not
               to
               be
               commenced
               in
               the
               County
               Court
               ,
               if
               it
               be
               for
               above
               the
               value
               of
            
             40
             
               Shillings
               .
            
             Judge
             now
             I
             pray
             you
             ,
             what
             all
             this
             makes
             to
             prove
             that
             Bishops
             have
             right
             to
             judge
             of
             Treason
             ,
             Felony
             ,
             and
             those
             transcendent
             Crimes
             which
             deserve
             death
             .
          
           
             He
             then
             quotes
             Mr.
             
               Selden
               ,
            
             and
             makes
             him
             say
             ,
             in
             his
             Introduction
             to
             his
             Treatise
             of
             the
             Priviledges
             of
             the
             
             Barons
             of
             
               England
               ,
            
             that
             
               Omnes
               Praelati
               &
               Magnates
            
             had
             this
             Priviledge
             till
             the
             Prelates
             lost
             it
             by
             the
             Parliament
             of
             17
             
               Car.
            
             1.
             
             I
             find
             no
             such
             thing
             there
             ,
             he
             saith
             ,
             That
             the
             Prelacy
             had
             heretofore
             the
             first
             place
             in
             the
             Summons
             ,
             but
             that
             they
             had
             then
             lost
             it
             .
             And
             this
             I
             observe
             further
             ,
             that
             Mr.
             
               Selden
            
             makes
             the
             whole
             upper
             House
             to
             be
             but
             one
             Estate
             whether
             the
             Bishops
             be
             there
             or
             No
             ;
             It
             was
             one
             Estate
             formerly
             when
             the
             Bishops
             had
             the
             Priviledge
             of
             sitting
             there
             ,
             and
             when
             they
             had
             the
             first
             place
             in
             the
             Summons
             ,
             and
             it
             was
             one
             Estate
             then
             in
             Mr.
             
               Seldens
            
             time
             when
             they
             had
             lost
             that
             Priviledge
             ,
             but
             our
             Assertor
             in
             the
             Printed
             Paper
             would
             take
             no
             notice
             of
             this
             .
          
           
             Now
             I
             come
             to
             his
             Precedents
             ,
             he
             first
             begins
             with
             their
             Proxies
             ,
             and
             cites
             many
             Parliaments
             where
             Bishops
             gave
             Proxies
             ,
             which
             no
             man
             denies
             ,
             and
             they
             do
             it
             still
             ,
             only
             they
             give
             their
             Proxies
             now
             only
             to
             Bishops
             like
             themselves
             who
             are
             Members
             of
             the
             House
             ,
             not
             to
             such
             as
             are
             no
             Members
             ,
             as
             it
             seems
             they
             did
             then
             :
             But
             giving
             
             Proxies
             to
             represent
             the
             whole
             Bench
             of
             Bishops
             ,
             or
             any
             one
             Bishop
             in
             any
             Judgment
             of
             death
             ,
             except
             in
             that
             one
             Parliament
             of
             21
             
               R.
            
             2.
             
             I
             utterly
             deny
             .
             Indeed
             he
             tells
             us
             of
             the
             2.
             
             
               H.
            
             4.
             and
             2
             
               H.
            
             5.
             that
             they
             did
             it
             it
             there
             in
             those
             Parliaments
             ,
             but
             I
             dare
             say
             he
             cannot
             find
             it
             there
             ,
             I
             am
             sure
             I
             cannot
             ,
             and
             I
             do
             verily
             believe
             he
             never
             looked
             there
             ,
             but
             that
             he
             takes
             it
             upon
             trust
             out
             of
             the
             Margin
             of
             
               pag.
            
             125.
             of
             Mr.
             
               Seldens
            
             Book
             of
             the
             Priviledges
             of
             the
             Baronage
             ,
             where
             indeed
             there
             is
             such
             a
             quotation
             ,
             but
             misplaced
             by
             the
             Printer
             ,
             having
             reference
             to
             what
             is
             said
             at
             the
             end
             of
             the
             Paragraph
             ,
             of
             
               Thomas
            
             Earl
             of
             
               Salisbury
               ,
            
             2
             
               H.
            
             5.
             endeavouring
             to
             reverse
             the
             Attainder
             of
             his
             Father
             ,
             
               Iohn
            
             Earl
             of
             
               Salisbury
               ,
            
             who
             was
             attainted
             2
             
               H.
            
             4.
             and
             not
             at
             all
             concerning
             what
             is
             said
             of
             Proxies
             in
             the
             first
             part
             of
             the
             Paragraph
             ,
             as
             our
             Assertor
             would
             here
             apply
             it
             .
          
           
             Then
             he
             cites
             a
             Precedent
             or
             two
             to
             make
             out
             that
             Bishops
             were
             personally
             present
             at
             the
             giving
             of
             some
             Judgments
             of
             Death
             ,
             which
             if
             they
             be
             truly
             
             related
             ,
             he
             saith
             something
             ,
             but
             I
             believe
             they
             will
             be
             found
             to
             be
             of
             as
             little
             weight
             ,
             as
             all
             he
             said
             before
             :
             His
             first
             is
             among
             the
             Pleas
             of
             the
             Crown
             ,
             21
             
               R.
            
             2.
             of
             the
             Impeachment
             ,
             as
             he
             calls
             it
             ,
             of
             the
             Earl
             of
             
               Arundel
               ,
            
             and
             others
             ,
             by
             the
             Lords
             
               Appellants
               ,
            
             the
             Earls
             of
             
               Rutland
               ,
               Kent
               ,
               Huntington
               ,
            
             and
             others
             .
             He
             saith
             the
             Earl
             of
             
               Arundel
            
             being
             brought
             to
             the
             Bar
             by
             the
             Lord
             
               Nevil
               ,
            
             Constable
             of
             the
             Tower
             ,
             that
             the
             Articles
             exhibited
             against
             him
             by
             the
             Lords
             
               Appellants
            
             were
             read
             ,
             to
             which
             he
             only
             pleaded
             two
             Pardons
             ,
             which
             Pardons
             not
             allowed
             ,
             the
             Lords
             
               Appellants
            
             demanded
             Judgment
             against
             him
             :
             
               Whereupon
               the
               Lord
               Steward
               ,
               by
               the
               Assent
               of
               the
               King
               ,
               Bishops
               ,
               and
               Lords
               ,
               adjudged
               the
               said
               Earl
               guilty
               ,
               and
               Convict
               of
               all
               the
               Articles
               ,
               and
               thereby
               a
               Traitor
               to
               the
               King
               and
               Realm
               ,
               and
               that
               he
               should
               be
               therefore
               Hanged
               ,
               Drawn
               and
               Quartered
               .
            
             This
             our
             Assertor
             saith
             ,
             who
             quotes
             Sir
             
               Robert
               Cottons
            
             Collections
             for
             it
             ,
             and
             there
             indeed
             it
             is
             so
             ,
             but
             methinks
             one
             should
             not
             venture
             to
             quote
             a
             Record
             upon
             any
             mans
             Allegation
             ,
             
             without
             consulting
             the
             Record
             it self
             ,
             and
             that
             I
             am
             sure
             he
             hath
             not
             done
             ,
             for
             it
             saith
             expresly
             ,
             that
             it
             was
             only
             the
             Lords
             Temporal
             and
             Sir
             
               Thomas
               Percy
               ,
            
             Proctor
             for
             the
             Prelats
             ,
             that
             gave
             that
             Judgment
             .
             The
             words
             of
             the
             Record
             are
             ,
             
               Sur
               quoy
               le
               dit
               Duc
               de
            
             Lancaster
             
               per
               commandement
               du
               Roy
               &
               toutz
               les
               Srs.
               Temporels
               &
               Mr.
            
             Thomas
             Percy
             
               aiant
               poair
               sufficiant
               des
               Prelatz
               &
               Clergie
               du
               Roialme
               d'Engleterre
               come
               piert
               de
               Record
               en
               le
               dit
               Parlement
               per
               assent
               du
               Roy
               agarderent
               le
               dit
               Counte
               d'
            
             Arundel
             
               coupable
               &
               convict
               de
               toutz
               les
               pointz
               dount
               il
               est
               appellez
               ,
               &
               per
               taunt
               luy
               ajuggerent
               Traitour
               au
               Roy
               &
               au
               Roialme
               ,
               &
               quil
               soit
               treinez
               ,
               penduz
               decollez
               &
               quarterez
               ,
               Whereupon
               the
               said
               Duke
               of
            
             Lancaster
             
               by
               the
               Kings
               Command
               ,
               and
               all
               the
               Lords
               Temporal
               ,
               and
               Sir
            
             Thomas
             Percy
             
               being
               sufficiently
               empowered
               by
               the
               Bishops
               and
               Clergy
               of
               the
               Kingdom
               of
            
             England
             ,
             
               as
               appears
               upon
               Record
               in
               the
               said
               Parliament
               ,
               did
               by
               the
               Kings
               assent
               declare
               the
               said
               Earl
               of
            
             
             Arundel
             
               guilty
               and
               convict
               of
               all
               the
               points
               of
               which
               he
               was
               accused
               ,
               and
               therefore
               did
               adjudge
               him
               a
               Traitor
               to
               the
               King
               and
               Realm
               ,
               and
               that
               he
               should
               be
               drawn
               ,
               hanged
               ,
               his
               head
               cut
               off
               ,
               and
               body
               quartered
               .
            
             You
             see
             the
             Bishops
             were
             none
             of
             them
             present
             ,
             but
             theit
             Procurator
             was
             ,
             to
             which
             in
             my
             Letter
             I
             have
             largely
             spoken
             ,
             and
             need
             not
             repeat
             it
             here
             .
          
           
             He
             urges
             also
             a
             Precedent
             in
             this
             same
             Parliament
             ,
             of
             the
             Commons
             by
             the
             mouth
             of
             their
             Speaker
             Sir
             
               Iohn
               Bussy
               ,
            
             praying
             the
             King
             ,
             
               That
               for
               that
               divers
               Iudgments
               were
               heretofore
               undone
               for
               that
               the
               Clergy
               were
               not
               present
               ,
               that
               the
               Clergy
               would
               appoint
               some
               to
               be
               their
               Common
               Proctor
               ,
               with
               sufficient
               authority
               thereunto
               .
            
             I
             have
             already
             shewed
             ,
             that
             this
             whole
             Parliament
             was
             repealed
             ,
             for
             the
             extravagant
             things
             that
             were
             done
             in
             it
             ,
             of
             which
             this
             was
             one
             :
             And
             therefore
             nothing
             that
             was
             then
             done
             can
             signifie
             any
             thing
             to
             be
             a
             leading
             Case
             any
             ways
             to
             be
             followed
             .
             And
             this
             as
             little
             as
             any
             ,
             except
             it
             could
             be
             made
             appear
             ,
             which
             I
             am
             confident
             it
             cannot
             ,
             
             that
             some
             Judgment
             had
             been
             reversed
             upon
             that
             account
             because
             the
             Prelates
             were
             not
             present
             ,
             and
             had
             not
             given
             their
             Assent
             to
             it
             .
             Indeed
             2
             
               H.
            
             5.
             
             
               Thomas
               Montacute
               ,
            
             Earl
             of
             
               Salisbury
               ,
            
             attempted
             it
             ,
             brought
             his
             Writ
             of
             Error
             to
             reverse
             the
             Judgment
             given
             2
             
               H.
            
             4
             against
             his
             Father
             ,
             
               Iohn
            
             Earl
             of
             
               Salisbury
               ,
            
             and
             did
             assign
             that
             for
             an
             Error
             as
             the
             Record
             saith
             ,
             Item
             
               Error
               de
               ceo
               que
               le
               dit
            
             John
             
               susdit
               Count
               dust
               forfaire
               terres
               &
               tenements
               sans
               assent
               des
               Prelates
               ,
               qui
               sont
               Piers
               en
               Parlement
               les
               queux
               ne
               furent
               mye
               faits
               parties
               as
               Declaration
               &
               Iuggementz
               avandits
               ,
            
             Item
             ,
             
               An
               Error
               in
               this
               ,
               that
               the
               foresaid
               Earl
            
             John
             
               should
               forfeit
               Lands
               and
               Tenements
               the
               Prelates
               not
               assenting
               ,
               who
               are
               Peers
               of
               Parliament
               ,
               yet
               were
               not
               at
               all
               made
               parties
               to
               the
               abovesaid
               Declaration
               and
               Iudgments
               .
            
             But
             this
             was
             adjudged
             to
             be
             no
             Error
             ,
             and
             the
             Condemnation
             of
             his
             Father
             to
             have
             been
             just
             and
             Legal
             :
             And
             I
             am
             very
             confident
             that
             this
             is
             the
             only
             Precedent
             of
             such
             an
             Attempt
             ,
             and
             yet
             it
             makes
             a
             stronger
             argument
             
             against
             it
             ,
             that
             it
             was
             endeavoured
             ,
             and
             rejected
             ,
             for
             now
             it
             is
             a
             Judged
             Case
             .
             And
             besides
             ,
             as
             I
             have
             already
             observed
             ,
             this
             desire
             of
             the
             Commons
             ,
             of
             their
             making
             a
             Proctor
             shews
             what
             the
             opinion
             of
             those
             times
             was
             ,
             that
             the
             Bishops
             could
             not
             be
             personally
             present
             at
             such
             Judgments
             ,
             which
             is
             all
             that
             is
             now
             in
             question
             between
             us
             .
          
           
             His
             next
             Precedent
             is
             3
             
               H.
            
             5.
             when
             
               Rich.
            
             Earl
             of
             
               Cambridge
               ,
            
             and
             others
             were
             tried
             for
             Treason
             for
             levying
             War
             against
             the
             King
             ,
             the
             Bishops
             then
             personally
             sitting
             in
             Parliament
             ,
             as
             he
             saith
             ,
             and
             he
             bids
             us
             see
             the
             Record
             in
             the
             Tower
             ,
             which
             I
             dare
             say
             he
             had
             not
             done
             himself
             ,
             for
             then
             he
             would
             have
             found
             it
             contrary
             to
             what
             he
             asserts
             ,
             that
             
               Richard
            
             Earl
             of
             
               Cambridge
               ,
            
             and
             
               Henry
            
             Lord
             
               Scroope
            
             with
             him
             were
             not
             Tried
             nor
             condemned
             in
             Parliament
             as
             he
             saith
             they
             were
             ,
             but
             by
             a
             special
             Commission
             directed
             to
             the
             Duke
             of
             
               Clarence
               ,
            
             and
             other
             their
             Peers
             ,
             Earls
             ,
             and
             Barons
             at
             
               Southampton
               ,
            
             and
             were
             there
             condemned
             and
             executed
             ;
             but
             the
             whole
             Proceedings
             against
             them
             were
             
             afterwards
             brought
             into
             Parliament
             at
             the
             desire
             of
             the
             Commons
             ,
             and
             were
             there
             at
             their
             desire
             likewise
             ratified
             and
             confirmed
             ,
             and
             the
             Bishops
             then
             were
             and
             might
             be
             present
             ,
             for
             I
             look
             upon
             it
             as
             an
             Act
             of
             Parliament
             ,
             yet
             not
             attainting
             them
             ,
             but
             confirming
             their
             Attainder
             ,
             for
             they
             were
             Convicted
             ,
             Condemned
             ,
             and
             Attainted
             before
             at
             
               Southampton
               .
            
          
           
             His
             last
             Chapter
             of
             Precedents
             from
             
               H.
            
             8.
             to
             the
             29
             
               Eliz.
            
             is
             only
             of
             Bills
             of
             Attainder
             ,
             and
             so
             acknowledged
             by
             him
             ,
             and
             therefore
             Nothing
             to
             the
             purpose
             .
             As
             I
             have
             said
             before
             those
             Bills
             are
             Laws
             ,
             though
             Private
             Laws
             ,
             whereto
             every
             Freeman
             of
             
               England
            
             doth
             consent
             either
             in
             Person
             or
             Represented
             ;
             and
             Bishops
             are
             or
             should
             be
             all
             present
             at
             the
             passing
             of
             them
             ,
             for
             then
             they
             act
             as
             Members
             of
             the
             House
             of
             Lords
             in
             their
             Legislative
             capacity
             :
             But
             for
             their
             being
             Judges
             in
             any
             Trial
             of
             Life
             and
             Death
             ,
             or
             part
             of
             a
             Trial
             ,
             when
             the
             House
             proceeds
             in
             a
             Judicial
             way
             ,
             I
             see
             no
             reason
             by
             all
             that
             hath
             been
             said
             on
             the
             other
             side
             ,
             to
             change
             my
             opinion
             ,
             
             
             
             
             
             
             
             
             
             
             
             
             
             
             
             
             
             
             
             
             
             
             
             
             
             
             
             
             
             
             
             
             
             
             
             
             
             
             
             
             
             
             That
             they
             ought
             not
             .
             Sir
             ,
             you
             see
             what
             is
             said
             on
             both
             sides
             ,
             be
             you
             Judge
             ,
             who
             is
             in
             the
             right
             .
          
        
         
           FINIS
           .
        
      
    
     
  

