My Lords, I must in the name of the House of Com­mons intreate your patience, whilst I present unto your Lordships, a ruste-drawn Map of the Iurisdiction of this high Court of Parliament.

I shall imitate a Lands-cape; sust, shew it you remote, and in its primitive times, scare discernable whether Land, or no Land; whether a Parliament, or no Parlia­ment; then we shall saile neerer, untill we come within [...] [Page 5]been befriended in the course of our Navigation by our sailes, we shall split on our own Anchor. I meane, if in the computation of all times we have had a Parlia­ment unquestionable in substance, in forme, in all neces­sary adjuncts, and now, even now, when ecclipsed Iustice, like the Sun imprisoned under a cloud breaks forth with lustre, be concluded in defect of Iudicature, I say the stars have had malignant aspects in this our horizon.

But first (my Lords) since in the strict words of the Letter, the house of the Lords seemes onely interested, we may be thought to make an inrode upon your Priviledges, and to be pragmaticall without president, though not without presumption.

Truely (my Lords) Anima est tota in toto, & tota in qualibet parte. Iudicature is the Soule of this great com­pacted body, and injoyes that diffusive property.

The times were, when both Houses sate in one place, and had one Speaker, and since the power of Iudicature must be founded upon a preparatorie Impeachments, and this preparatorie Impeachment must be framed by the Commons house, we must justifie our selves not guilty of the title of fooles by the Wiseman, to lay a foundation and never consider by what means the structure is to be finished; nay, excuse our selves from that generall remon­strance of a generall Grievance, Extrajudiciall Proceed­ings.

Your Lordships are under his Majestie the Chiefe, be pleased to admit us Members, though the feet; the health of these will much advantage the preservation of the whole Compound; nay, on the contrary, the Gout is as mortall and dolorous as the Head-ach.

Besides (my Lords) our commenced proceedings a­gainst the parties impeached of high Treason, though sea­soned with much moderation and temper, are of ripe age, [...] in long coats, which are now suspend-drawne [Page 6]into question the Commons of this Kingdome openly proclayme, That to bee excessive vicious is to be secure, and that facts of Treason, are above the co­gnisance, and Punishment of the Acts of Reason, and the Lawes and Statutes of this Kingdome.

So (my Lords) it being out of dispute, (and yet desiring not to be misconstrued, that we would make stakes with you in your own and proper Iudicature) that we are deep­ly interested in this Particular, I shall returne unto my first Proposition, and survay this high Court of Parliament; Parliament did I say? From what radix? Parler le ment, the speech of the minde; this must be attended with judge­ment and reason, but I thinke, we speake with none of these, if we cannot maintaine our Iurisdiction? This is its Etymologie, which is warranted by the best Anti­quarie of his time, Vetusto nomine, è Gallia mutato Parlia­mentum dicitur.

This high Court hath not beene confin'd to this in­dividuall appellation, but hath beene christned by seve­rall god-fathers.

Majores nostri Anglo-saxones intitled it. Prudentum Conventus, Concilium, Magnus Conventusr. Succeeding Historiographers, Commune Concilium, Curia Altissima, Generale placitum, Curia magna, Magnatum Conventus, Com­mune totius regni Concilium. Prasentia Regis, Pralatorum, procitum (que) Collectorum.

But certainely, if they intended these flourishing titles to a Parliament without Iudicature, they spoke of their riding to Parliament, not sitting in it.

An unhappy Parliament: like the Citie Myndas, whose Gates were so wide, that the City might runne out of them.

To allow these to be Synonimas of Parliament, and to disallow Iudicature, were but Iewish-like, to say, All ha [...]le King of the Iewes, and in the meane time, Grucifie [...]

Neyther (my Lords) are these upstarted Titles, or new bought Coates of Armes, that this high Court blazons. No (my Lords) they are venerable for their Antiquitie, and of most ancient birth, and extraction.

Mulmuccius, of some called Donwallo, did write two Bookes of the Lawes of the Brittons, the one called Sta­tuta Municipalia, the other, Leges Iudiciariae, for so the same doe signifie in the Brittish tongue, wherein he wrote the same, which is asmuch to say, as the Statute Law and Common Law, which Bookes were written 441. yeares be­fore the Incarnation of Christ, and how should there be Statute Lawes without a Parliament. King Alfred or­dayned for a perpetuall usage, That twice in the yeare, or oftner if need be, they should assemble themselves at London, to treate in Parliament of the Government of the people of God, how they should keepe themselves from sinne, should live in quiet, and receive right by ho­ly Lawes and Iudgements.

In the Heptarchy, Parliaments had their continuance, witnesse the stile of Parliaments in the time of Ina King of the West-saxons. Ego Ina Dei gratia, &c. Congrega­tione Servorum Dei sollicitus, de salute animarum vestrarum & statu regni mei, constitui rectum coniugium & iusta iudi­cia pro stabilitate & confirmatione populi mei benigna seduli­tate celebrari, & nullo Aldermano, vel alicui de toto regi­mine nostro liceat conscripta abolere iudicia, so did Offa. King of the Mercians, and Ethelbert King of Kent.

In the raigne of King Athelston his Acts of Parlia­ment are stil'd thus. Hac sunt judicia Exoniae quae sapien­tes consilio Ethelstani Regis instituerunt, & iterum apud Fre­fresham, & tertia vice apud — ubi haec definita simul, & confirmata sunt. Here I finde a Parliament summoned, Consilio Regis, Prorogu'd in those words Iterum, & tertia vice, the Royall assent in the Words Confirmata sunt, the dissolution. [...] [Page 8] Rex consilio sapientum; &c.

King Etheldred. Hoc est Consilium quod Etheldrus Rex & omnes sapientes, &c.

King Edmond cals it Convent [...] Sapientum, Spit itualium & Temporalium.

The Parliament of King Canutus at Winchester bore this Title. Hac sunt statuta Canuti Regis, Anglorum, Dano­rum, Norvegarum, venerandoejus sapientum Consilio, ad lau­dem & gloriam Dei, & sui regulitatem, & commune com­modum habita in sancto natali Domini apud Wintoniam.

Heere we begin to make Land, and descrie a visible Title to a Parliament, being in substance and forme neere­ly allyed unto the Presidents of these very times; and though some will contest this word (Parliament beares date but from the third yeare Edw. 1. yet (me thinkes) those words in the ninth yeare of Edw. 2. being the immediate Successor to Edw. the first might convince them, viz. Scia­tis quod cum dudum temporibus progent [...]orum nostrorum quondam regum Angliae in diversis Parliamentis suis, &c. which words (Progenitorum) had beene improper, if that name had commenced in his fathers raigne.

In one word, time out of minde, this high Court, and its Iudicatore hath flourished before the Conquest, in the Conquest (notwithstanding that silent leges inter ar­ma) and ever since the Conquest untill this present houre.

Me thinkes, I appeare in your Lordships eyes as one drawing his Sword, traversing his ground, lying upon his guard, there being-neyther offence, nor opposition to draw him into this distemper. Your Lordships may say, What neede you waken so many sleepy Records to prove Parliaments have beene? who is it of so despe­rate an opinion, that offers it in question?

Truly (my Lords) I cannot name Him, or Them; but whosoever they were that instill'd this jealousie of [...]

Aristotle bids us not to dispute, [...]trum nix sit alba, and the like visible and apparant truths, but if any Man of an obdurate judgement would haue denied that there was Anima Rationalis, then Aristotle must prove there is Homo and Anima Rationalis will bee drawne in by consequence. Prove Homo, prove a Parliament, and Anima Rationalis, which is Iudicature, will be drawne in by consequence: besides I am protected by the Verse.

Next I must offer unto your Lordships that which the Law hath a tender respect unto, even the ends of Parliament ‘Exitus acta probat’

These I finde thus to be capitulated by Sir Edward Cooke, Primò, ad subditos a delinquendo declinandos, hoc est, ut delicta tam bonis cautis (que) legibus, tam debita earundem exe­cutione anticiparentur; now, if debita executio legum can be in Parliament inflicted upon delinquentes subditos, without legall proceedings and tryall, (except they will say nothing, and so be prest to death) I leave it to be argued amongst children.

2. Vt tuta tranquilla (que) sit vita hominum, but certainly the life of man is not preserved by the impunity of offen­dors, which must passe, sublata judicatura.

3. Vt sixis quibusdam sanctionibus, sanctis (que) judicijs jus unicui (que) sieret; but whether jus implyes not punishing malefactors, aswell as relieving the oppressed, (Crudeli­tas parcens, being more destructive to the Common-weale, then Crudetitas puniens) I leave it to be argued among children.

Fleta sayth a Parliament is called, Terminare dubita­tiones, judiciorum, novis injurijs emersis, nova constituere re­media, unicui (que) prout meruerit justitiam retribuere. [...] [Page 10]apply this remedie. Then our Parliament must have a short cut in triall. We must condemne without hearing of any part, for why should they heare, if they have no power to determine.

Having thus farre analized a Parliament, we must con­sider its Parentage, and then prove our claime to Iu­dicature by the title of Coheire with the Parliament in England, which his Majesties Progenitors have ever gra­ciously confirmed unto us.

A Parliament then is a structure founded upon the common Lawes of England, as is manifest in its procee­dings upon many trials according to the course of the Common-Lawes. It is the heire apparant to the Com­mon-Law, and parent of the Statute Law. To make this position passe for touch, I will give you the Test of that ancient and learned Author of the booke intituled, Mir­ror de les Iustices, in his owne words. Hoc cum sit forum in hoc regno planè supremum, pars est structurae jurium muni­cipalium, & nonunquam secundum frequentem illum, & usi­tatum in lege communi ordinem processies habet.

My Lords; since with your LOPS. patience we are arrived unto this undeniable truth, I will now open our title to the Common Lawes of England, to the Statute Lawes of England before 10. H. 7. to the lawfull customes of Eng­land, to the Courts of Iustice in England, to the Writs Originall and Iudiciall of England, and to the Presidents of England, even from the high Court of Parliament, un­to the petty Constables office.

The first knowledge the printed Statute give us of Ma­gna Charta, is in 9. H. 3. yet we finde it inrolled in the red book of the Exchequer. 3. King Iohn.

King Iohn in the 12. yeare of his raigne went into Ire­land, and there attended with the advise of grave, and lear­ned men in the Lawes (whom he carryed with him) de [...] [Page 11] land should be governed by the Lawes of England.

I find in Rotulo Patentum 11. H. 3. thus written. Rex, &c. Baronibus militibus, & omnibus libere tenentibus salutem. Satis ut credimus vestra audivit discretio, quod quando bonae memoriae Iohannes quondam Rex Angliae pater noster venit in Hiberniam, ipse duxit secum viros discretos, & legisperitos quo­rum communi consilio, & ad instantiam Hibernensium statuit & praecipit leges Anglicanas in Hibernia ita quod leges eas­dem in scripturas redactas reliquit sub sigillo suo ad Scacca­rium Dublin.

Shall I repeate the very words recorded, Rot. Patent. 18. H. 3. Rex, &c. Comitibus, Baronibus, militibus, & libe­ris hominibus, & omnibus alijs de terra Hyberniae Salutem. Quia manifeste esse dinoscitur contra coronam & dignitatem nostram, & consuetudines & leges regni nostri Angliae qua [...] bonae memoriae Dominus Iohannes Rex, Pater noster, de com­muni ommium de Hybernia consensu teneri statuit in terra illa, quod placita tencantur de curia Christianitatis, de advo­cationibus Ecclesiarium, & Capellarum, vel de Laico foedo, vel de Catallis quae non sunt testamento, vel matrimonio. Vobis mandamus prohibentes quatenus hujusmodi placita in Curiae Christianitatis nulla tenus sequi praesonatis in manifestum dig­nitatis, & Coronae nostrae praejudicium. Scituri pro certo quod si feceritis, dedimus in mandatis Iudiciario nostro Hiberniae, Statuta Curiae nostra in Anglia contra transgressiones hujus mandati nostri cum justitia procedat, & quod nostrum est ex­equatur. Teste Rege apud Winchomb. 28. Octob. an. regni 18.

My Lords, I have read this Roll at large, because I perceive a holy indignation in this Prince, that the officers of this Kingdome would hold Pleas not sutable in every respect unto the Laws, and Customes of England, adjudg­ing the practice to be in manifestum dignitatis & coronae nostrae praejudicium. Then observe the warning piece, Vobis mandamus prohibentes, &c. then the punishment, Scituri pro certo. &c. But the Iudges in those dayes were not so acute [...] [Page 12]in case they had incurred it. Yet the Sophisters of Law in this Kingdome may finde that King not unprovided with his answer; for the words are Dedimus in mandatis, &c. Statuta Curiae nostrae in Anglia contra transgressiones, &c. So that then the Statutes and Rules of the Courts in Eng­land, may be Presidents both for triall and punishment.

Rot. Pat. 30. H. 3. Rex, &c. prs communi utilitate terrae Hyberniae & pro unitate terrarum, provisum est quod omnes leges & consuetudines quae in regno Angliae tenentur, in Hy­bernia teneantur, & eadem terra eisdem legibus subjaceat ac per easdem regatur sicut Iob [...]n [...]es Rex cum illic esset, statuit, & firmiter mandavit. Ideo volumus quod omnia brevia de communi jure, quae curr [...]nt in Anglia similiter currant in Hy­bernia sub novo sigillo Regis: Here are the old Lawes and Writs, differing in nothing but in a new Seale; which I wonder none of our witty Informers take advantage to make it an essentiall difference.

13. H. 1. Coram rege in longo placito, I reade una & eadem esse debet Lex tam in regno Angliae, quam Hyberniae.

My Lords, I will adde but this Quotation (which I hapned upon this morning) 2. Rich. 3. fol. 12. in Camera stellata. Terra Hyberniae inter se habet Parliamentum, & omni­modas Curias prout in Anglia & per idem Parliamentum sacit leges, & mutat leges, & illi de eadem terra non obligantur per Statuta in Anglia, quia hi non habent milites Parliamenti. Here is a Graunt of Parliament past unto us of this King­dome with all his appurtenances, rites, and members, as they were formerly; or now held by the Subjects of Eng­land from or by his Majestie.

Pray (my Lords) why are these cleere records preser­ved to posteritie? to raise, or to confirme doubts?

That then their Parliaments are the very starres by which we must saile by; their Presidents, the meridian sun we must observe to find the Latitude of our proceed­dings, the last rehearsed rolls proclaime [...] [Page 13]vouredly this name becomes it, if one Iustice of Assize may heare, and determine capitall offences, and this Al­tissima Curia, not have power of a grand Iury to him to finde Billa vera.

Yet aske this Iustice of Assize by what president in this Kingdome he adventures upon this service. Aske of the Iustice of peace, by what Presidents he takes notice of Presentments, Indictments, awards the alias, the plures Capias, and his Presidents must take shipping out of Eng­land.

Inquire of the Court of Chancery for its presidents of Equitie, for the Presidents of Writs and judgements. In­quire of the Kings Bench for a President in Ireland, for a Wager of battaile in an appeale. Inquire of the Courts of Common-pleas for their Presidents in any of their rules of Court; Nay inquire of the pettie. Constable by what President in Ireland he executes his office, nay, for the carrying of his painted staffe, and they will returne but starved and hungry arguments, except they ship their Presidents out of England.

But admit (my Lords) we had no interest in the Pre­sidents of England, were it not durus sermo, that the long and well settled rites of Parliament should fall to the ground for want of a President, which undoubtedly hath power in it selfe to make a President not repugnant to Law.

Who knowes not but in the former darke and Tragi­call times, that all, or the most part of the Roles, and Records of this Kingdome were kept in Breminghams Tower, and that the end of them was the Antitype of the end of the world, even a dissolution by fire; some layd in horse loades in every corner of the streetes for dunghill-ra­kers to pick antiquities up, & Taylors to make measures of.

This Epidemicall consumption of our Records was a [...] [Page 14]want of them (though no fault in us then unborne) should permit Treasons, Rapines, Murthers, Disturbers of the King, Kingdome, and Common-weale, not onely passe with impunitie, but be established in the greatest pla­ces of Iudicature, as if Treason were the square of the Law, and Allegeance become Treason.

Praised be Almighty God, this Kingdome is not so bar­ren of the Professors of the Law, but I see those persons in my eyes, that can with more respect unto the dignitie of His Majesties Crowne, with more regard unto his Ma­jesties most Sacred and inviolable Oath, with more con­tent to the whole Kingdome, personate the King, amiable to his people in the dispensation of Iustice in the High Offices of the Iudges impeached.

Yet (my Lords) notwithstanding the Bonsires of our Rolles, I will offer one President or two, by which the ancient Iudicature of the Parliament in this Kingdome will appeare in triumphant colours.

In a Parliament held in this Kingdome in Hen. 5. time Richard O Heydan Bishop of Casshell was impeached in 30. Articles by Iohn Gese Bishop of Waterford, 3. Articles were for counterfeiting the Kings Seale, for counterfeit­ing the Kings Letters Patent, for endeavouring to make himself King of Munster, so that the Parliaments in this Kingdome have not been confined to triall of petty Lar­cenies, and most properly should punish with the Sword, committing the rod to every pedantick Schoolemaster.

In another Parliament held in this Kingdome in the Edw. 2. Sir Arnold Poore was tried for killing the Lord Bonevaile, and by sentence of that High Court was acquit­ted, it being found it was done in his own defence.

My Lords, the Treasons in this Kingdome formerly practised have been by hostile invasion for the most part, and were struck dead by the plaine Letter of the Law; the [...]

Parliaments were but rare and Infant-like, and frighted with the clashing of Armes from one place to another, and untill King IAMES of blessed memory sate at the Steerage of our weather-beaten Arke, our Dove never brought in her Olive-branch, so that there could hardly be time allowed for a solemne tryall, if the occasion had beene offred.

The manner of those Treasons resemble the forcible taking of a mans purse upon the high-way: these Trea­sons that wee shall have to sift, are more like cut-pursing, they smile in our faces, whilst their hands dive into our pockets: the event is one, The losse of our Money, and though they be taken napping, they will swear they meant us no harme.

The first man that ever suffred for Treason, if want of a President would excuse him, might have begot Tray­tors to the third and fourth generation with impunitie. My house hath taken fire, I call for water to quench it, I would suppose him mad, that would advise me to let it burne to the ground, because my neighbour would not quench his; and therefore I want a President.

We will impute it unto the integritie of those times that have not fostred such unbounded spirits to attempt such crimes, as might leave Presidents of this Nature.

It is (my Lords) Iustice that those who will renew Presidents of long buried crimes, should renew or create Presidents of deserved tryall, and punishment.

My Lords, I have mustered some few Arguments in vindication of the Iudicature of the Parliament in this Kingdome, they are valid enough for the intricacie of the question: Where tacks will serve, what needs ten-penny nayles. A good face wants no band. A valid Parliament wants no assertions for its Iurisdiction, and such is this [...] [Page 16]declaring the effectuall validitie thereof in an Emphati­call sense.

There is nothing now left (my Lords) but that as I have spent some time in scanning a Parliament with Iudi­cature, since Contraria, contrarijs opposita magis elucescunt, we may cast a smiling eye upon that pretty silken bug­beare of State, a Parliament without Iudicature.

Curia altissima, must be Curia infima; Curia magna must be Curia minina. It will resemble a sword with guilt hilts, and a blade made of a larth. Whereas then all Courts were derived from it, now all Courts may insult up­on it.

My Lords, I leave to your Lordships consideration the cloth of State, (which no man ought to name without reverence) whether it will not esteeme it selfe in a deplo­rable, and widdowed estate for the death of her onely consort, IVDICATVRE. Like the single Turtle it mournes, whilst the Cushions of the Toulesale prick up their eares.

My Lords, me thinks, the Lyons roare, the strings of the harps break and sound in discord, the Flower deluces wither to be stretch'd out, in a place sans Iudicature. None sits under that Pavilion that beares the Sword in vaine. The high priz'd tincture of your Lordships robes begins to fade, the Ermins loose their complexion, if they loose their Iudicature.

That wel-becomming title to a Nation, PEERAGE, begins to hang down its head, and blush, and curses the insluences in its nativitie, if it should come to such an un­timely end.

Your Speaker may study silence, and report that to himselfe which he never read, nor heard of. A Parlia­ment without IVDICATVRE.

The Right reverend Bishops may retire in to the [...] [Page 17]Iudicature, that happen to be discuss'd before this Tri­bunall (though most venerable in their own Spheare) sit like so many Plovers prick'd down for Stales, with this Motto, Videntur, & non sunt.

We of the House of Commons, that were hitherto stiled Prudentum Conventus, may Impeach with little wit, and you remedy us with as little power, imitating Baals priests, cut and lance our selves, contribute our Estates, our Studies, our lives for his Majesties ever prayed for happinesse, Call and Call to their gods that could not helpe them, Impeach and Impeach, and demand Iustice from our titular Lords, that can neither helpe themselves nor us.

My Lords, the Common Law speaks our Parliament and its Indicature, the Statute Lawes confirme it. Presi­dents streng then it. Reason, even undeniable reason forti­fies it, what Magick is there then, That the case is thus altered.

If it lyes in the degrees of the persons impeacht, heare then the Statute of Marlebridge, 52. H. 3. Provisum est concordatum & concessum, quod tam majores, quam minores ju­stitiam habeant, & recipiant in Curia Domini Regis.

Yet their offices may offer some things in considerati­on. My Lords, the late Lord Keeper in England will not come in to dispute this point afore the Parliament, and Sir Robert Belknap, one of the Iudges of the Common Pleas, was put to banishment by the Parliament for subscribing an opinion against Law, though forc'd by a dagger held to his brest; and the rest of the Iudges that subscribed the same were put to death. A reason I forgot that we may be excus'd for want of Presidents, if there be any survi­ving. The parties impeach'd have taken a course for that, and by an order of the Chancery had them in their owne custody, since their Impeachment, since the Master of the Rolls death unto this present houre. Poore David, poore House of Commons, must encounter Goliah, nay Goliah, [...] [Page 18] Sauls Armor, the Kings evidences, nay Davids poore sling; this I humbly present to your Lordships considerati­on. My Lords, England will not [...] that we plead an equall interest in their Laws, but re [...]y [...] support us, especially in parliamentary proceedings his Majestie will conceive the vanity of those, that taking advantage of his princely mind, involv'd in multiplicity of weighty affaires would raise such dangerous doubts. Observe but one word in the Rotul. Pat. 30. H. 3. Rex, &c. pro communi u [...] ­litate terrae hyberniae & pro unitate terrarum provisum est quod omnes leges, & consuetudines. You see the confirm­ing and enacting of the Lawes and Customes of England to be of force in Ireland, was, pro utilitate terrae Hyberniae, & pro unitate terrarum, the Union of Lawes being the best unitie of Kingdomes. Those then that would tread under feet the wisedome [...] [...]hose times so fortunately commenced, and continued may be judged as the Incon­diaries of Nations, and the plagiaries of Government. My Lords, out of what I have [...] this infallible Ma­xime may be drawn of the High court of Parliament. Si vetustatem spectes est antiquissima, si dignitatem est hono­ratissima, si Iurisdictionem est capacissima.

In the last place, I present unto your Lord [...] these three instruments, being thrice severally read [...] debated, and solemnly voted in our House [...] their perfection, and maturitie by such proceedings in [...] most honourable House, as shall be sutable to your ap­proved Iudgements.