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