A briefe discourse, concerning the power of the Peeres, and Commons of Parliament, in point of judicature written by a learned antiquerie, at the request of a peere, of this realme. Selden, John, 1584-1654. This text is an enriched version of the TCP digital transcription A67870 of text R212268 in the English Short Title Catalog (STC 22166). 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. 13 KB of XML-encoded text transcribed from 5 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A67870 STC 22166 ESTC R212268 23108831 ocm 23108831 53 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. A67870) Transcribed from: (Early English Books Online ; image set 53) Images scanned from microfilm: (Early English books, 1475-1640 ; 1781:8) A briefe discourse, concerning the power of the Peeres, and Commons of Parliament, in point of judicature written by a learned antiquerie, at the request of a peere, of this realme. Selden, John, 1584-1654. [2], 6 p. s.n.], [London : printed in the yeere, that sea-coale was exceeding deare, 1640. Attributed to Selden by STC (2nd ed.) and NUC pre-1956 imprints. Place of publication suggested by STC (2nd ed.) and NUC pre-1956 imprints. Signatures: A⁴. Page 3 misnumbered as 5. Reproduction of original in the Henry E. Huntington Library and Art Gallery. Includes bibliographical references. eng England and Wales. -- Parliament. Great Britain -- Politics and government -- 1625-1649. A67870 R212268 (STC 22166). civilwar no A briefe discourse, concerning the power of the Peeres, and Commons of Parliament, in point of judicature. Written by a learned· antiquerie, Cotton, Robert 1640 2012 38 0 0 0 0 0 189 F The rate of 189 defects per 10,000 words puts this text in the F category of texts with 100 or more defects per 10,000 words. 2005-08 TCP Assigned for keying and markup 2005-09 Apex CoVantage Keyed and coded from ProQuest page images 2005-11 Judith Siefring Sampled and proofread 2005-11 Judith Siefring Text and markup reviewed and edited 2006-01 pfs Batch review (QC) and XML conversion A Briefe Discourse , Concerning The Power of the PEERES , and Commons of PARLIAMENT , in point of Judicature . Written by a Learned Antiquerie , at the Request of a Peere , of this REALME . Printed in the yeere , That Sea-Coale was exceeding deare . 1640. A BRIEFE DISCOVRSE Concerning the power of the Peeres and Commons of Parliament in point of Iudicature . SIR , to give you as short an account of your desires as I can , I must crave leave to lay you as a ground , the frame or first modell of this state . When after the period of the Saxon time , Harold had lifted himselfe into the Royall Seat ; the Great men to whom but lately he was no more then equall either in fortune or power , disdaining this Act , of arrogancy , called in William then Duke of Normandy , a Prince more active then any in these Westerne parts , and renowned for many victories he had fortunately atchieved against the Franch King , then the most potent Monarch in Europe . This Duke led along with him to this worke of glory , many of the yonger sons of the best families of Normandy , Picardy , and Flanders , who as undertakers , accompanied the undertaking of this fortunate man . The Usurper slaine , and the Crowne by warre gained , to secure certaine to his posterity , what hee had so suddenly gotten , he shared out his purchasse retaining in each County a portion to support the dignity Soveraigne , which was stiled 〈◊〉 〈◊〉 ; now the antient Demeanes and assiguing to others his adventurers such portions as suited to their quality and expence , retaining to himselfe dependancy of their personall service , except such Lands as in free Almes were the portion of the Church , these were stifed Barones Regis , the Kings immediate Freeholders , for the word Baro imported then no more . As the King to these , so these to their followers , subdivided part of their shares into Knights sees , and their Tennants were called Barones Comites , or the like ; for we finde , as in the Kings Writ in their Writs Baronilus suis & Francois & Anglois , the soveraigne gifts , for the most part excending to whole Counties or Hundreds , an Earle being Lord of the one , and a Baron of the inferiour donations to Lords of Towne-ships or Mannors . As thus the Land , so was all course of Judicature divided even from the meanest to the highst , portion each severall had his Court of Law , preserving still the Mannor of our Ancestors the Saxons , who jura per pag●s reddebant ; and these are still tearmed Court-Barons , or the Freeholders Court , twelve usually in number , who with the Thame or chiefe Lord were Judges . The hundred was next , where the Hundrus or Aldermanus Lord of the Hundred , with the chiefe Lord of each Towne-ship within their limits judged ; Gods people observed this forme in the publike Centureonis & decam Iudieabant plebem omni tempore . The County or Generale placitum was the next , this was so to supply the defect , or remedy the corruption of the inferior , Vbi Curiae Dominorum probantur desecisse , pertinet ad vice-comitem Provinciarum ; the Judges here were Comites , Vice-comites & Barones Comitatus qui liberas in 〈◊〉 terr●●●a●eant . The last and supreme , and proper to our question , was generale placitum apud London universalis Synodus in Charters of the Conquerour , Capitalis curia by Glanvile , Magnum & Commune consilium coram Rege & magnatibus suis . In the Rolles of Henry the 3. It is not stative , but summoned by Proclamation , Edicitur generale placitum apud London , saith the Booke of Abingdon , whether Epium Duces Principes , Satrap● Rectores , & Causidi●i ex omni parte confluxerunt ad istam curiam , saith Glanvile : Causes were referred , Propter aliquam dubitationem que Emergit in comitatu , tum Comitatus nescit dijudicare . Thus did Ethelweld Bishop of Winchester tranferre his suit against Leostine from the County ad generale placitum , in the time of King Etheldred . Queene Edgine against God● , from the County appealed to King Etheldred at London . Congregatis Principibus & sapientibus Anglia , a suit between the Bishops of Winchester and Durham in the time of Saint Edward . Coram Episcopis & principibus Regni in presentia Regis ventilate & finita . In the tenth yeere of the Conquerour , Episcopi Comites & Barones Regni potestate adversis provinciis ad universalem Synodum pro causis audiendis Convocati , saith the Booke of VVestminster . And this continued all along in the succeeding Kings raign , untill towards the end of Henry the third . AS this great Court or Counsell consisting of the King and Barons , ruled the great affaires of State and controlled all inferiour Courts , so were there certaine officers , whose transcendent power seemed to bee set to bound in the execution of Princes wills , as the Steward , Constable , and Marshall fixed upon Families in fee for many ages : They as Tribunes of the people , or ex plori among the Athenians , growne by unmanly courage , fearefull to Monarchy , fell at the feet and mercy of the King , when the daring Earle of Leicester , was slaine at Evesham . This chance and the dear experience Henry the 3. himselfe had made at the Parliament at Oxford , in the 40. yeare of his raigne , and the memory of the many straights his Father was driven unto , especially at Rumny-mead neare Staines , brought this King wisely to beginne what his successour fortunately finished , in lessening the strength and power of his great Lords ; and this was wrought by searching into the Regality they had usurped over their peculiar Soveraignes , whereby they were ( as the Booke of Saint Albans termeth them . ) 〈…〉 . And by the 〈◊〉 that hand of power which they carried in the Parliaments by commanding the service of many Knights , Citizens , and Burgesses to that great Counsell . Now began the frequent sending of Writs to the Commons , their assent not onely used in money , charge , and making Lawes , for before all ordinances passed by the King and Peers , but their consent in judgements of all natures , whether civill or criminall : In proofe whereof , I will produce some few succeeding Presidents out of Record . When Adam●● that proud Prelate of Winchester , the Kings halfe brother had grieved the State by his daring power , he was exiled by joynt sentence of the King , the Lords and Commons , and this appeareth expressely by the Letters sent to Pope Alexander the fourth , expostulating a revocation of him from banishment , because he was a Church-man , and so not subject to any censure , in this the answer is , Si Dominus Rex & Regni majores hoc vellent , meaning his revocation , Communitas tamen ipsius ingressum in Angli●m jam nullat●●us sustineret . The Peeres subsigne this answer , with their names and Petrus de Mountsord vice totius Communitatis , as speaker or proctor of the Commons . For by that stile Sir Iohn 〈◊〉 , Prolocutor , affirmeth under his Armes the deed of Intaile of the Crowne by King Henry the 4. in the 8. yeare of his raigne for all the Commons . The banishment of the two Spencers , in the 15. of Edward the second , Prelate C●mites & Barones et les autres Peeres de la 〈◊〉 & Commun●s de Roialme , give consent and sentence to the revocation & ●eversement of the former sentence the Lords and Commons accords and so it is expressed in the Roll. In the first of Edward the 3. when Elixabeth the Widdow of Sir Iohn de Burgo , complained in Parliament , that Hugh Spencer the younger , Robert Bold●●k and William Cliffe his instruments had by duresse forced her to make a Writing to the King , whereby she was despoyled of all her inheritance sentence is given for her in these words , 〈◊〉 〈◊〉 avis est al 〈◊〉 Counts & Barones & autres grand●s & a tout C●mmin●●●● de la terre , que le dit escrip● est fait contre 〈◊〉 & 〈…〉 per agard de● Parliam●dam sue elloques al livre a la di● 〈◊〉 . In An. 4. Edward 3. it appeareth by a Letter to the Pope , that to the sentence given against the Earle of Kent , the Commons were parties , as well as the Lords and Peeres , for the King directed their proceedings in these words , Comitibus , Magnatibus , Baronibus , & aliis de Communitate , dicti Regni ad Parliamentum , illud congregatis injunximus ut super ●is discernerent & judicarent , quod rati●ni et justitiae , conventret , habere prae 〈◊〉 , solum Deum qui cum concordi unanimi sententia tanquam r●rum crimmis 〈◊〉 majestatis m●rti adjudicarent ejus sententia , &c. When in the 50. years of Edward 3. the Lords had pronounced the sentence against Richard Lyons , otherwise then the C●mmons agreed they appealed to the King , and had 〈◊〉 and the sentence ●●tred to their desires . When in the first yeare of Richard the second , William West●n , and Iohn ●ennings , were arraigned in Parliament , for surrendring certaine ●ores of the Kings , the Commons were parties to the sentence against them given , as appeareth by a Memorandum annexed to that Record . In the first of Henry the 4. although the Commo●s referre by protestation , the pronouncing of the sentence of deposition against King Richard the second u●to the Lords , yet are they equally interessed in it , as it appeareth by the Record , for there are made Proctors or Commissioners for the whole Parliament , one B. one Abbot one 〈◊〉 Baron , and 2. Knights , & G●●y & Erpingham for the Commons , and to in●er that because the Lords pronounceth the sentence , the point of judgement should be onely theirs , were as absurd as to conclude , that no authority was best in any other Commissioner of Oyer and Terminer . then in the person of that man solely that speaketh the sentence . In 2. Henry 5. the Petition of the Commons importeth no ●sse , then a right they had to act and assent to all things in Parliament , and so it is answered by the King ; and had not the adjournall Roll of the higher house beene left to the sole 〈◊〉 of the Clarke of the upper House , who 〈◊〉 out of the neglect to observe due forme , or out of purpose to obscure the Commons right and to flatter the power of those he immediately served , there would have beene frequent examples of all times to cleere this doubt , and to preserve a just interest to the Common-wealth , and how conveniently it suites with Monarchy to maintaine this forme , lest others of that well framed body knit under one head , should swell too great and monstruous . It may be easily thought for ; Monarchy againe may sooner groane under the weight of Aristocracie as it once did , then under Democracie which it never yet either felt or fear'd . FINIS . Notes, typically marginal, from the original text Notes for div A67870e-100 〈…〉 〈…〉 〈…〉 〈…〉 Parl. Ann. 5. E. 3. Par. Ann. 1. Richa . 2. 11. 3. 8. and 3 , 5. Rot. Parl. An. 2. H. 6.