







 
   
     
       
         Two speeches spoken by Sir Simonds D'Ewes the first touching the Antiquity of Cambridge lately published by Iohn Thomas, with many ignorant and foolish mistakes which are here rectified : the other concerning the priviledge of Parliament in causes civill and criminall.
         Speeches. Selections
         D'Ewes, Simonds, Sir, 1602-1650.
      
       
         This text is an enriched version of the TCP digital transcription A67881 of text R13948 in the  English Short Title Catalog (Wing D1256). Textual changes  and metadata enrichments aim at making the text more  computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life.  The text has been tokenized and linguistically annotated with  MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish.  This text has not been fully proofread 
       Approx. 6 KB of XML-encoded text transcribed from 2 1-bit group-IV TIFF page images.
       
         EarlyPrint Project
         Evanston,IL, Notre Dame, IN, St. Louis, MO
         2017
         A67881
         Wing D1256
         ESTC R13948
         13023436
         ocm 13023436
         96648
         
           
            This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of
             Creative Commons 0 1.0 Universal
            . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission.
          
        
      
       
         Early English books online.
      
       
         (EEBO-TCP ; phase 1, no. A67881)
         Transcribed from: (Early English Books Online ; image set 96648)
         Images scanned from microfilm: (Early English books, 1641-1700 ; 259:E196, no 24 or 259:E196, no 25)
      
       
         
           
             Two speeches spoken by Sir Simonds D'Ewes the first touching the Antiquity of Cambridge lately published by Iohn Thomas, with many ignorant and foolish mistakes which are here rectified : the other concerning the priviledge of Parliament in causes civill and criminall.
             Speeches. Selections
             D'Ewes, Simonds, Sir, 1602-1650.
          
           [2], 6 p.
           
             Printed for Thomas Paybody ...,
             London :
             1642.
          
           
             Reproduction of original in Thomason Collection, British Library.
          
        
      
    
     
       
         eng
      
       
         
           University of Cambridge -- History -- Early works to 1800.
           University of Oxford -- History -- Early works to 1800.
           England and Wales. -- Parliament -- Jurisdiction.
        
      
    
       A67881  R13948  (Wing D1256).  civilwar no Two speeches spoken by Sir Simonds D'Ewes. The first touching the antiquity of Cambridge, lately published by Iohn Thomas, with many ignoran D'Ewes, Simonds, Sir 1642    974 5 0 0 0 0 0 51 D  The  rate of 51 defects per 10,000 words puts this text in the D category of texts with between 35 and 100 defects per 10,000 words. 
        2000-00 TCP
        Assigned for keying and markup
      
        2001-12 SPi Global
        Keyed and coded from ProQuest page images
      
        2002-01 TCP Staff (Michigan)
        Sampled and proofread
      
        2002-01 TCP Staff (Michigan)
        Text and markup reviewed and edited
      
        2002-02 pfs
        Batch review (QC) and XML conversion
      
    
  
   
     
       
       
         
           A
           Speech
           spoken
           by
           Sir
           
             Simonds
             D'Ewes
             ,
          
           (
           so
           neare
           as
           it
           could
           be
           collected
           together
           )
           touching
           the
           priviledge
           of
           
             Parliament
          
           in
           causes
           criminall
           and
           civill
           .
           At
           a
           Committee
           of
           the
           House
           of
           Commons
           in
           the
           
             Guild-Hall
          
           in
           
             London
          
           on
           the
           sixt
           day
           of
           
             Ianuary
          
           1641.
           
        
         
           
             SIR
             ;
          
        
         
           I
           Perceive
           that
           the
           maine
           doubt
           upon
           the
           late
           questioning
           of
           some
           of
           the
           Members
           of
           the
           House
           of
           Commons
           as
           whither
           or
           no
           there
           be
           any
           priviledge
           of
           Parliament
           in
           matter
           of
           
             *
          
           Treason
           or
           other
           capitall
           offences
           ,
           in
           which
           I
           cannot
           deny
           but
           that
           there
           is
           a
           common
           saying
           (
           and
           yet
           not
           more
           common
           then
           erroneous
           )
           That
           priviledge
           of
           Parliament
           doth
           not
           extend
           to
           Felony
           and
           Treason
           ;
           For
           there
           is
           a
           double
           priviledge
           of
           Parliament
           ,
           the
           one
           finall
           ,
           and
           the
           other
           temporarie
           .
           Our
           finall
           priviledge
           extends
           to
           all
           civill
           causes
           and
           Suites
           in
           Law
           ,
           and
           that
           continues
           during
           the
           Parliament
           .
           The
           other
           priviledge
           that
           is
           temporary
           extends
           to
           all
           Capitall
           causes
           ,
           as
           Treason
           or
           the
           like
           ,
           in
           which
           the
           persons
           and
           goods
           of
           the
           members
           of
           both
           Houses
           are
           freed
           from
           seizure
           till
           the
           said
           Houses
           be
           first
           satisfied
           of
           their
           crimes
           ,
           and
           so
           doe
           deliver
           their
           bodies
           up
           to
           be
           committed
           to
           safe
           custody
           ;
           and
           the
           reason
           of
           it
           is
           evident
           because
           their
           crime
           must
           either
           be
           committed
           ,
           within
           the
           same
           houses
           or
           without
           them
           ;
           as
           for
           example
           if
           any
           member
           of
           the
           House
           of
           Commons
           be
           accused
           for
           treasonable
           actions
           or
           words
           committed
           or
           spoken
           within
           the
           walls
           of
           the
           same
           house
           then
           there
           is
           a
           necessitie
           that
           not
           only
           the
           matter
           of
           fact
           ,
           but
           the
           matter
           of
           crime
           also
           ,
           must
           bee
           adjudged
           by
           that
           house
           ;
           for
           it
           can
           appeare
           to
           no
           other
           Court
           what
           was
           
           there
           done
           in
           respect
           that
           it
           were
           the
           highest
           treachery
           and
           breach
           of
           priviledge
           for
           any
           Member
           of
           that
           House
           ,
           to
           witnes
           or
           reueale
           what
           was
           there
           done
           or
           spoken
           without
           the
           leave
           and
           direction
           of
           the
           same
           House
           .
           And
           if
           it
           be
           for
           treason
           committed
           out
           of
           the
           House
           ,
           yet
           still
           the
           House
           must
           bee
           fi●st
           satisfied
           with
           the
           matter
           of
           fact
           ;
           before
           they
           part
           with
           their
           members
           ,
           for
           else
           all
           priviledge
           of
           
             Parliament
          
           must
           of
           necessitie
           bee
           destroyed
           ,
           and
           by
           the
           same
           reason
           that
           they
           accuse
           one
           of
           the
           said
           Members
           they
           may
           accuse
           fortie
           ,
           or
           fiftie
           ,
           upon
           imaginary
           and
           false
           Treasons
           ,
           and
           so
           commit
           them
           to
           custody
           and
           deprive
           the
           house
           of
           their
           Members
           ;
           whereas
           on
           the
           contra●y
           side
           the
           House
           of
           Commons
           hath
           ever
           beene
           so
           just
           as
           to
           part
           with
           such
           Members
           when
           they
           have
           beene
           discovered
           .
           As
           in
           the
           
             Parliament
             de
             Anno
          
           27.
           of
           Queene
           
             Elizabeth
             .
          
           Doctor
           
             Parry
          
           being
           a
           Member
           of
           the
           House
           of
           Commons
           ,
           had
           no
           Articles
           of
           Treason
           preferred
           against
           him
           till
           the
           House
           had
           discomposed
           him
           from
           being
           one
           of
           their
           members
           ,
           and
           that
           the
           chiefe
           heads
           and
           branches
           of
           his
           said
           Treason
           had
           beene
           made
           knowne
           unto
           the
           House
           partly
           by
           his
           owne
           confession
           ,
           and
           partly
           by
           other
           proofes
           ;
           and
           yet
           if
           ever
           Treason
           required
           a
           speedy
           tryall
           that
           did
           ,
           for
           it
           concerned
           no
           lesse
           then
           the
           murder
           and
           assassination
           of
           the
           Queene
           her selfe
           ,
           [
           See
           the
           origininall
           Journall
           booke
           of
           the
           House
           of
           Commons
           ,
           
             de
             Anno
          
           27.
           
           
             Regin
             .
             Eliz.
             pag.
          
           85
           
             &
             pag.
          
           103.
           ]
           And
           so
           likewise
           in
           Master
           
             Copleys
          
           case
           in
           the
           
             Parliament
          
           in
           the
           last
           yeare
           of
           Queene
           
             Mary
             ,
          
           who
           spake
           very
           dangerous
           words
           against
           the
           said
           Queene
           ;
           yet
           it
           was
           tried
           in
           the
           House
           of
           Commons
           as
           apeeares
           in
           the
           originall
           Journall
           booke
           of
           the
           same
           House
           ,
           and
           the
           said
           Queene
           at
           their
           intreaty
           did
           afterwards
           remit
           it
           .
           But
           for
           the
           case
           of
           these
           Gentlemen
           that
           are
           now
           in
           question
           it
           doth
           not
           yet
           appeare
           to
           us
           whether
           it
           bee
           for
           a
           crime
           done
           within
           the
           Walles
           of
           the
           House
           of
           Commons
           or
           without
           ,
           so
           as
           for
           ought
           wee
           know
           the
           whole
           judicature
           thereof
           must
           first
           passe
           with
           us
           ,
           for
           the
           LORDS
           did
           make
           an
           Act
           Declaratory
           in
           the
           
             Parliament
             ,
             Roll
             de
             An.
          
           4.
           
             E.
          
           3.
           
             Num.
          
           6.
           that
           the
           judgments
           of
           Peeres
           only
           did
           properly
           belong
           to
           them
           ,
           so
           as
           I
           hold
           it
           somewhat
           cleere
           ,
           that
           these
           Gentlemen
           cannot
           bee
           condemned
           but
           by
           such
           a
           judgement
           onely
           as
           wherein
           the
           Lords
           may
           joyne
           with
           the
           Commons
           ,
           and
           that
           must
           bee
           by
           Bill
           ;
           and
           the
           same
           priviledge
           is
           to
           the
           members
           of
           the
           Lords
           House
           ,
           for
           wee
           must
           not
           thinke
           that
           if
           a
           private
           person
           should
           come
           there
           and
           accuse
           any
           of
           them
           of
           Treason
           that
           they
           will
           at
           all
           part
           with
           that
           member
           ,
           or
           commit
           him
           to
           safe
           custody
           till
           the
           matter
           of
           fact
           be
           first
           proved
           before
           them
           .
        
         
           T
           is
           true
           indeed
           that
           upon
           the
           empeachment
           of
           the
           House
           of
           Commons
           
           for
           Treason
           or
           other
           capitall
           crimes
           ,
           they
           doe
           Immediately
           commit
           their
           members
           to
           safe
           custody
           ,
           because
           it
           is
           first
           admitted
           that
           we
           accuse
           not
           till
           wee
           are
           satisfied
           in
           the
           matter
           of
           fact
           ,
           and
           secondly
           ,
           it
           is
           also
           supposed
           in
           Law
           that
           such
           an
           aggregate
           body
           as
           the
           House
           of
           Commons
           is
           will
           doe
           nothing
           ,
           
             ex
             livore
             ,
             vel
             ex
             odio
             ,
          
           seeing
           they
           are
           entrusted
           by
           the
           whole
           Commons
           of
           
             England
          
           with
           their
           estates
           and
           fortunes
           .
           So
           as
           upon
           the
           whole
           matter
           ,
           I
           conclude
           that
           the
           proceedings
           against
           these
           five
           Gentlemen
           have
           beene
           hitherto
           illegall
           and
           against
           the
           priviledge
           of
           
             Parliament
             .
          
        
         
           FINIS
           .
        
         
      
    
     
       
         Notes, typically marginal, from the original text
         
           Notes for div A67881e-30
           
             *
             Vide
             Rot.
             ●ar
             .
             de
             An
             ●1
             .
             
               &
            
             32.
             
             ●
             .
             6.
             
               n.
            
             27.
             
          
        
      
      
  

