A
BRIEFE
DISCOVRSE
,
Concerning
the
power
of
the
Peeres
and
Commons
of
Parliament
in
point
of
Judicature
.
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
hee
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
French
King
,
then
the
most
potent
Monarch
in
Europe
.
This
Duke
led
along
with
him
to
this
worke
of
glory
,
many
of
the
younger
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
he
had
so
suddenly
gotten
,
he
shared
out
his
purchase
retaining
in
each
County
a
portion
to
support
the
Dignity
Soveraigne
,
which
was
stiled
Demenia
Regni
;
now
the
ancient
Demeanes
,
and
assigning
to
others
his
adventurers
such
portions
as
suited
to
their
quality
and
expence
,
retaining
to
himselfe
dependancy
of
their
personall
seruice
,
except
such
Lands
as
in
free
Almes
were
the
portion
of
the
Church
,
these
were
stiled
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
fees
,
and
their
Tennants
were
called
Barones
Comites
,
or
the
like
;
for
we
finde
,
as
in
the
Kings
Writ
in
their
Writs
Baronibus
suis
&
Francois
&
Anglois
,
the
soveraigne
gifts
,
for
the
most
part
extending
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
highest
portion
,
each
severall
had
his
Court
of
Law
,
preserving
still
the
Mannor
of
our
Ancestours
the
Saxons
,
who
jura
per
pages
reddebant
;
and
these
are
still
tearmed
Court-Barons
,
or
the
Freeholders
Court
,
twelue
usually
in
number
,
who
with
the
Thame
or
chiefe
Lord
were
Judges
.
The
Hundred
was
next
,
where
the
Hundredus
or
Aldermanus
Lord
of
the
Hundred
,
with
the
cheife
Lord
of
each
Townshippe
within
their
lymits
judged
;
Gods
people
observed
this
forme
in
the
publike
Centureonis
&
decam
Judicabant
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
defecisse
,
pertinet
ad
vice
comitem
Provinciarum
;
the
Iudges
here
were
Comites
,
vice
comites
&
Barones
Comitatus
qui
liberas
in
hoterras
habeant
.
The
last
&
supreme
,
&
proper
to
our
question
,
was
generale
placitum
aupud
London
universalis
Synodus
in
Charters
of
the
Conquerour
,
Capitalis
curia
by
Glanvile
,
Magnum
&
Commune
consilium
coram
Rege
et
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
,
Satrapae
Rectores
,
&
Causidici
ex
omni
parte
confluxerunt
ad
istam
curiam
,
saith
Glanvile
:
Causes
were
referred
,
Propter
aliquam
dubitationem
quae
Emergit
in
comitatu
,
cum
Comitatus
nescit
dijudicare
.
Thus
did
Ethelweld
Bishop
of
Winchester
transferre
his
suit
against
Leostine
,
from
the
County
ad
generale
placitum
,
in
the
time
of
King
Etheldred
,
Queene
Edgine
against
Goda
;
from
the
County
appealed
to
King
Etheldred
at
London
.
Congregatis
principibus
&
sapaientibus
Angliae
,
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
&
tractandis
Convocati
,
saith
the
Book
of
Westminster
.
And
this
continued
all
along
in
the
succeeding
Kings
raigne
,
untill
towards
the
end
of
Henry
the
third
.
AS
this
great
Court
or
Councell
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
feete
and
mercy
of
the
King
,
when
the
daring
Earle
of
Leicester
was
slaine
at
Evesham
.
This
chance
and
the
deare
experience
Hen.
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
Stanes
,
brought
this
King
wisely
to
beginne
what
his
successour
fortunately
finished
,
in
lessoning
the
strength
and
power
of
his
great
Lords
;
and
this
was
wrought
by
searching
into
the
Regality
they
had
usurped
over
their
peculiar
Soveraignes
,
wherby
they
were
(
as
the
Booke
of
Saint
Albans
termeth
them
.
)
Quot
Dominum
tot
Tiranni
.
)
and
by
the
weakning
that
hand
of
power
which
they
carried
in
the
Parliaments
by
commanding
the
service
of
many
Knights
,
Citizens
,
and
Burgesses
to
that
great
Councell
.
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
Peeres
,
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
Adamor
that
proud
Prelate
of
Winchester
Petrus
de
Mountford
vice
totius
Communitatis
,
as
speaker
or
proctor
of
the
cōmons
.
For
by
that
stile
Sir
John
Tiptofe
,
Prolocutor
,
The
banishment
of
the
two
Spencers
in
the
15.
of
Edward
the
second
,
Prelati
Comites
&
Barones
et
les
autres
Peeres
de
la
terre
&
Communes
de
Roialme
give
consent
and
sentence
to
the
revocation
and
reversement
of
the
former
sentence
the
Lords
and
Commons
accord
,
and
so
it
is
expressed
in
the
Roll.
In
the
first
of
Edw.
the
3.
when
Elizabeth
John
de
Burgo
complained
in
Parliament
,
that
Hugh
Spencer
the
yonger
,
Robert
Boldock
and
William
Cliffe
his
instruments
had
by
duresse
forced
her
to
make
a
Writing
to
the
King
,
whereby
shee
was
despoiled
of
all
her
inheritance
,
sentence
is
given
for
her
in
these
words
,
Pur
ceo
que
avis
est
al
Evesques
Counts
&
Barones
&
autres
grandes
&
a
tout
Cominalte
de
la
terre
,
que
le
dit
escript
est
fait
contre
ley
,
&
tout
manere
de
raison
si
fuist
le
dit
escript
per
agard
del
Parliam
.
dampue
elloques
al
livre
a
la
dit
Eliz.
In
An.
4.
Edw.
3.
it
appeareth
by
a
Letter
Kent
,
the
Commons
were
parties
aswell
as
well
as
the
Lords
&
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
his
discernerent
&
judicarent
quod
rationi
et
justitiae
,
conveniret
,
habere
prae
oculis
,
solum
Deum
qui
eum
concordi
unanimi
sententia
tanquam
reum
criminis
laesoe
majestatis
morti
adjudicarent
ejus
sententia
,
&c.
When
in
the
50.
yeere
of
Ed.
3.
the
Lords
Richard
Lions
,
otherwise
then
the
Commons
agreed
they
appealed
to
the
King
,
and
had
redresse
,
and
the
sentence
entred
to
their
desires
.
When
in
the
first
yeere
of
Richard
the
second
,
William
Weston
and
John
Jennings
were
arraigned
in
Parliament
for
surrendring
certaine
Forts
of
the
Kings
,
the
Commons
were
parties
to
the
sentence
against
them
given
,
as
appeareth
by
a
Memorandum
ānexed
to
that
Record
.
In
the
first
of
Hen.
the
4.
although
the
Commons
referre
by
protestation
,
the
pronouncing
of
the
sentence
of
deposition
against
King
Rich.
the
2.
unto
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
E.
one
Baron
,
&
2.
Knights
,
Gray
and
Erpingham
for
the
Commons
,
and
to
inferre
that
because
the
Lords
pronounced
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.
Hen.
5.
the
Petition
of
the
Commons
FINIS
.