IT should be confessed by all that have but Travailed the ordinary Roades and pathes of the book of God, and Scripture, that the Princes and heads of the Tribes of the people of Israel, in and after the Theocraty, or time of Gods own government of them, and in the Raign of the Kings, which he extraordinarily bles­sed and appointed over them, were of their greatest and most eminent Councells and Sanhedrims.

And not to be denyed by those that have been acquainted with the Greek and Roman Histories.

That the Patricii of the one, and the wise and great men of the other, were alwaies made use of, and preferred in their Senates [Page 2]and Councells, as men of the greatest under­standing and interest, attended by their own virtues, education, and fitnes, as well as those of their Ancestors.

In Imitation and conformity whereof, and that conduct of reason and successe which had incouraged all the Civilized peo­ple and Nations of the earth, rather to fol­low than desert such universally approved experiments.

Our no foolish English progenitors, did not think they should do themselves or post­erity any harme to tread the same steps, and embrace and make much of the Truth in the old paths thereof.

And hence it was, that our over-warlike, and too much busied forefathers the Saxons, in their Civil Wars and Discords, took it to be neither dangerous nor useles, to make their Princes and Ealdermen, (which were the same with our Earles and Barons, the later being the Genus, I. Brampton hist Joruall. or foundation of the former) of their Councells and Parliaments; as King Ina did in Anno 711. (Now above nine hundred 40 and 7 yeares ago and then not remarqued for any Novelty,) Selden Tit. Ho­nour Ca. 5 sect. 6, 632. Bede lib. 2. Ca. 13. in a Parliament or place where he made his Lawes.

That Edwin, King of Northumberland, when he was perswaded to become a Christi­an, consulted, cum principibus & Consiliariis suis, or with his Ealdormen, as King Alfred expounded those wordes in Bede.

And Cynewlf, King of west-Saxe, Selden Tit. Ho­nour 701. cum Caterva Satraparum, with the whole body of his Nobility.

That William the Conquerour. Math. Paris. 75. Consilio Baronum suorum, restored our English Lawes.

And Henry the first at his Coronation (saith Mathew Paris) made Lawes Consi­lio Baronum suorum.

For Comes, or the title of an Earle, de­rived or branched out of the Baronage, could not be so separate from the person of the Prince, in the interpretation of the word, Ex vi termini, or the legall Custome, or appropriation of it, as not to be with the King, or supream Magistrate, in his great and publique Councels or Parliaments.

And by the longest Prescription, or use of any Lawes or good Customes, which we now have in the English Nation, from long before the Conquest, without any interrup­tion, untill the yeare 1648. The Nobility and Barons of England may clayme and ought to enjoy it, as well as any other part of the people do all or any part of their inheritances which they would be unwill­ing not to have called their own, or not to be justified by an Immemoriall Pre­scription.

And therefore in the Grants and Letters Patents of Earles, of long or great Anti­quity; as in that of the Earldome of Here­ford to Miles de Glocestria, by Maud the [Page 4]Empresse; She grants it with all liberties and customes as honorably as any former Earle of that County enjoyed it.

And to Awbrey de Vere, of the Earldom of Oxford, by King Henry the Second, now above 500 yeares past it was Ita liberé & honorificè, as freely and honourably, sicut aliquis Comitum Angliae, as any of the Earles of England most honourably enjoyed it.

And if any would know, whether the pri­viledge to them and their Heires of sitting in Parliament, Selden Tit. Honor Cap. 5 704. were one of their just inhe­ritable liberties and Birth-rights, the most learned Selden will tell them.

That in the great Parliament of Claren­don, held by King Henry the second in the Tenth yeare of his Raigne presentibus Comi­tibus & proceribus Angliae. The Earles and Nobility being present.

The Avitae consuetudines, antient Cu­stomes of their Fore-fathers, & noble Proge­nitors, were, among other Customes, Recog­nized to be that Debent interesse Judiciis Curiae Regis they ought to sit in Parliament.

And notes thereupon that to be a Baron, and to have right to sit with the rest of the Barons in Councells or Courts of Judgment were according to the Lawes of that time Sy­nonimies.

And were no otherwise taken also to be in the succeeding ages, when as in the 23 year of Henry the second, as Hoveden re­ports, the determination of the contro­versy [Page 5]between Alphonso, King of Castile, and Sanche King of Navarr, submited to the Arbitrement of that English King, was de­termined Habitocum Comitibus & Baronibus cum deliberatione consilii. by mature advice of his Earles and Barons.

In the sixth year of King Iohn, certain Lawes were made communi consilio Baro­num suorum, by a Common Counsell, or Parliament held at Winchester.

William de Breose, a Baron, Math. Puis 303. edit. Londini. being in that Kings raigne demanded by the King to have his Children delivered for Hostages, answered (as the Monk of St. Albans relates it,) Si ipsum in aliquo offendi, paratus sum & ero domino meo & sine obsidibus satisfacere secundum Judi­cium Curiae suae & Baronum parium meorum certo mihi assignato die & loco; I am & shall be ready to satisfy the King my Lord without Hostages, if in any thing I have offended him, according to the Judgment of his Court and the Barons my Peeres, if he shall assigne me a certain day and place.

And the Modus tenendi Parliamentum, (which cannot be denyed but to have been exemplified under the great Seal of Eng­land, and sent by that King, into Ire­land, where our English Lawes then began to be planted) saith also expressely that omnes & singuli Comites & Barones summo­niri & venire debent ad Parliamentum; All Earles and Barons ought to be summoned and come to Parliament.

The restoration of Hugh de Vere, Earl of Oxford, to the Earldome of Oxford, and all his fathers lands in 17. H. 3 by an investie ture of Cinxit eum gladie comitatus Oxen. Gir­ding him with the sword of the Earldome, did continue unto him his Peerage or Privi­ledge of sitting in Parliament enjoyed by his Ancestors.

After the battell of Evesham in 49. H. 3. the Earles, and Barons, and others, which stood against the King, being by act of Parliament in Anno 50. H. 3. disinherited, and the lands of many of them given away or sold, and the Dictum de Kenilworth in 51. H. 3. admitting them to a composition. Wake Hastings, Vescy, Gray, & Nevill, Ba­rons, and Robert de Vere, Earl of Oxford; and many other of the Nobility having com­pounded, did without any new grant of their E [...]rldomes and Baronies, retaine all their Parliament priviledges.

Andrew de Astely, the Sonne and Heir of Sir Thomas de Asteley, a Baron, slain at the Battell of Evesham, against the King was after his Fathers deathin 49 H. 3. summoned, as a Baron to Parliament, in severall Parliaments in the raigne of King E. 1.

16 Richard the 2. 16 R. 2. Act. 15. the King granting and restoring to Sir Aubrey de Vere, Unckle to Robert de Vere, Duke of Ireland and Earl of Oxford in Parliament the Name, Title, Estate, [Page 7]and Honour, of Earl of Oxford, which was forfeited by the attainder of the said Duke, to hold to him and his heires Males; caused him to be put as the words in the record thereof in French beares it, en son lieu ovesquè les Peeres, in his place with his Peeres.

The clayme in Parliment in xi. H. 6. Rot Parl. 11. R 2 m. 9. n. 32, 33, 34, 35. of the Earl of Arundell to sit in Parliament where it was adjudged, that he and his Heires, Earles of Arundell, should have, locum & sedem, the place of Earls of Arundell in Parliament as they had formerly.

And the like adjudged in Parliament in the Controversie betwixt William Earl of Arun­dell, and the Earle of Devonshire in 27. H. 6. Parl. 27 H. 6. Art. 18.

All which with the priviledge granted of old unto the English Nobility to kill a Buck, or Deer, in any of the Kings For­rests and Chases, in their going to the Parliament, or to have no Wages for the Knights of the Shires which served in Par­liament, to be levyed of such of their Lands as were parcell of their Earldomes and Baronies.

The Act of Parliament of 14. E. 3. cap. 5 for redressing in Parliament the delayes in Judgements of other Courts, the Act of 31. H. 8. Cap, 10. giving the Earles and Barons their place of Antienty in the Par­liament and all the Acts of Parliament which we have had from the first being and methodizing of our Lawes from [Page 8]the Brittish times, untill the latter end of 1648.

All our Restorations of antient Barons and bringing them into Parliament by vir­tue of Entailes of Earldomes and Ba­ronies or otherwise, and all our Re­cords and Journalls of Parliament do plentifully shew that they had an Inherira­ble right to sit in those Assemblies.

And cannot be supposed to represent the Commons in Parliament (whose first sum­moning thither either, by H. 1. or H. 3, was meerely by the Kings writts or Summons and not by any Act or order of Parlia­ment.)

When as the Nobillity were ever a di­stinct Estate by themselves, and the Com­mons did, after their calling or being sum­moned to Parliament, represent onely for their owne estate and degree, agitate their Votes and busines apart; Elect their Knights of the Shire and Burgesses, to con­sent and represent for them, send Messages, and desire Conferences with the Lords; stand bare, whilst they sit coverd, and receive Bills from them. And that the Commons were never authorized or accompted to represent for the Nobility by any Law, Record, Constitution, legall Custome, or Usage of this Nation as yet to be found, or extant; And that if the Lords had represented the Commons, or any [Page 9]other than themselves, the Commons would have taken more care of themselves than to have voted them dangerous or uselesse.

And howsoever that the later Letters Patents, or creation of Earles, 11. R. 2. pat. 3. m. 15. Pat. 23. H. 6. part. 2 m. 20. Viscounts and Barons, as that of Sir John Beauchamp Baron of Kidderminster, the first which was created by Letters Patents in 11 R. 2. & of the Lord Beaumont, in 23. H. 6. and the succeed­ing ages, have been so punctuall and carefull as to grant in speciall words, to them and their Heirs Males, Sedem locum & vocem in Parliamentis & publicis Comitiis & Con­ciliis, Place, and Voice in Parliament.

Yet it was as much before, the right of the Baronage of England & upon that accompt Ralph de Monthermer, who married Joane Countesse of Glocester, and divers others, in the right of their Wives, did sit in Parlia­ment, aswell as enjoyed their Baronies.

And it is to be remembred That Sir Edward Cook, in his Institutes, Cookes instit. printed by Order of Parliament, saith, that the Lords and Peeres, are to have their Writts or Sum­mons, Ex debito Justitiae, Rushworth historicall col­lections 240. which was not denyed the Earl of Bristoll upon his petition for his Writs or Summons in 2 Carol.

That in the begining of our late civill and unhappy warrs there was no small use made of an Argument to justifie them, taken out of some words in Bracton (which as [Page 10]to the superiority of the house of Peers over the King, was something too much strained, and beyond his expresse words in other places) who was a Lord Chiefe Justice, Bracton lib. 2. Cap. 16.36. in the raign of King Henry the third, that Rex hahet superiorem Deum, Legem, per quam factus est Rex & Curiam, seilicet Comites & Barones. The King hath his Superiours, God, the Law, and his Court of Earles and Barons.

That the Parliament, Exact Col­lection 846.528. in their Remon­strance of the state of the Kingdome, in December 1641. did alleage that the Peers were the Kings great Councell.

In which Parliament, they also decla­red but what can we the Commons do with­out coniunction of the house of Lords.

That the trienniall Parliament ordained in, Anno 1641. To be called once in every three yeares is to be holden by the King or Supreame Magistrate and Lords and Commons.

And that the power thereby given to the people to make elections of the members and to assemble in Parliament if the King or Supreame Magistrate should omitt or refuse to do it cannot be made use of or put in execution with any safety to the people (who by the Act of Parliament for a tri­enniall Parliament are only allowed and authorized to do it) or any Lawes which shall be made in such a Trienniall Parlia­ment [Page 11]be valid or binding.

If it shall not be called and holden accord ing to the directions of that Act of Parlia­ment or pursue the very prescript form and allowance thereof.

That it was likewise enacted by the assent of the Lords and Commons in that Parliment that that Parliment should not be dissolved or ad jorned unless it should be by Act of Parliament to be passed for that purpose, and that the house of Peeres should not at any time dure­ing that Parliament be adiourned unless it be by themselves, and their own order, and that every thing, and things whatsoever done, or to be done for the adiournement proroguing, or dissolving of that Parliament contrary to the said Act should be utterly void and of none effect.

That the house of Commons in their joynt declaration with the Lords in Parlia­ment 9 August 1642. Ibid. 502. Did alleage the house of Peeres to be the hereditary Counsellors of the Kingdome.

That Mr. Pym, in his Speech at Guild Hall London, 14 January 1642, printed by Order of Parliament, affirmed that the Lords had an hereditary interest in makeing Lawes in this Kingdome.

That the Natinall Covenant, and Oath, enjoyned the maintenance and defence of the liberties & priviledges of Parliment (the Judi­cative & better part whereof, was the House [Page 12]Peeres) and the Rights and Liberties of the Nobillity, and every one in their severall callings Rights, Liberties and Priviledges.

That in Aprill 1646. an Ordinance was made, and commanded to be read in Churches, that the Parliament intended the Commonwealth should be governed by King, or Supream Magistrate, Lords, and Com­mons.

That the general Councell of the Officers of the Army, Prinn's plea for the Lords and house of Peeres 45, 46. in their Declaration made at Windsor, about January 1647. presented to the Lords House, by Sir Hardresse Waller, did declare the hereditary legall Right of the Lords, and their House in Parliament; and the Armies fixed resolution to uphold and maintayn them and their Priviledges with their Swords.

And that the late Lord Protector, Iohn Lilburnes letter to the Speaker prin­ted in July 1648. when he was Leivtenant Generall, protested to Iohn Lilburne and others, at the Lord Whartons house, that upon his Conscience, in the sight of God, the Lords had as true a right to their Legislative and Jurisdictive power, as he had to the Coat on his Back; and that he and the Army, would support the same.

That such of the Baronage of England, as in the late warrs adhered to the King, did afterwards, by severall Acts and orders of Parliament compound for it.

And that such as have not acted against the [Page 13]Parliament since the 30 day of Ianuary 1648, or are not within the exceptions of the Act of Parliament for a generall pardon and oblivion, made in the latter end of the year 1651, are included in that gener all pardon and Oblivion and to receive benifit by it.

That the Act, in Anno 1648, which after the death of the King was made to take away the house and priviledge of the Peeres in Parliament, (who were neither cited if the house of Commons had been impow­red thereunto,) nor so much as conferred with or heard, was only by a part of the house of Commons when many of their mem­bers were kept and forced away, and the re­mainder could not reach to the number of one hundred.

That the house of Lords, then sitting, did never give consent to their dissolution, or un­to that Act of that small remainder of the house of Commons to take away their Peerage but protested against it, as an Act made against the fundamentall Lawes, and inva­lid.

That the Parliament in 1653, did declare that they would be as tender of the Rights and Properties of the people, as they would be of themselves and their poste­rities. 13. July 1653

That by the humble Petition and advice of the Parliament, presented to the late Lord [Page 14]Protector, and assented unto the 26. day of June, 1657 It was advised that the antient and undoubted liberties & priviledges of Parl. which are (there said to be) the birthright & Inheritance of the people, & wherein every man is interessed, be preserved and mainteyned. And that he would not break or interrupt the same, nor suffer them to be broken or interrupted.

That the Gothes, Vandalls, and Tar­tars, the ruder sort of Nations (Sa­vages only excepted) the Swedes, Po­lonians Hungarians, Bohemians, whose Kings are some of them wholy and o­thers partly elective; the French, Spanish, Portuguez, Itallians, Germans, Scots, Irish, Russians, Persians, Egyptians, Ethiopians, and the major part of all the World, aswell Heathen as Christian, Prinns plea for the Lords and house of Peeres 45.46. as Mr. Prinne in a larger Plea for the Lords and House of Peeres of England, hath learnedly, and abundantly proved, do admit their Nobi­lity into all their Assemblies, Conuentions of Estate, Parliaments, Dyets, and Coun­cells.

And that now to exclude our English Nobillity, whose Ancestors were so prin­cipally instrumental in the disclaiming and annulling the Resignation and Grant of the ill advised King John, Mat. Paris 237.245.270 Walsingham y podigm. Neus triae pat. 60. to hold the King­domes of England and Ireland, in Fee farme of the Pope and his Chaire, by the pay­ment [Page 15]of 1000 Markes yearly Tribute Fought for and maintained our English Lawes and Liberties, built and endowed, at their own charges, many of our Churches, procured many deafforrestations for the people and Charters and Liberties for ma­ny of their Cities, and Townes, gave and distributed out of their own Lands and Estates, great and large quantities of Land and Ground to be held in Common, and were the Donors of much of the Copy hold Lands of the Nation, which (being no Norman slavery, but a continuance of Charity and Benevolence, since turned into a Custome) were not long agoe a fourth part if not halfe (the Commons, Wastes, and Forrests excepted) of all the lands and reall e­states of the Nation & to render them there­by to be as no part of the People, but as meer Tituladoes, Shaddows, or aiery Notions, or as men of no value, interest, or concernment, would be a strange kinde of gratitude, as well as an unparalell'd violation of the Pe­tition of Right, our no lesse then thirty times confirmed Magna Charta, and the common Justice of the World; who by the Rule and example of God himselfe in the case of Adam, in the very dawning and In­fancy of the World, was taught not to condemne any man, or Society, without a Citation, and heareing what they can [Page 16]alleage or plead for themselves, And make this Nation which hitherto hath justly claymed and enjoyed the precedency of most of the Nations of the Earth, to be and appear in the eyes of the World, lesse than the Republicke of Venice, who by their admission of their Clarissimo's and Nobility into their Senate are the more esteemed for it.

And cause us in the not makeing use of or admitting our Nobility, in to our assemblies and Parliaments to be looked upon in that particular as a Nation having no Nobility, or as that Mountanous and beggerly peo­ple the Switzers, who live and subsist onely in being as mercenary and Hire­ling Souldiers to Neighbour Princes, and are in that respect so undervalued, as they are taken to be but as Fragments or broken peices of a Common-Wealth de­formedly put together.

That it will be against the nature and end of a Commonwealth, to have a principall estate and part of the people, put out of the lynes of Communication of it, and be only ad­mitted to the Taxes and burthens thereof.

That many of no few of our Lawes and Acts of Pvrliament yet unrepealed and not altered, by any subiequent Act of Parli­ament, which do grant allow and confirm the rights and priviledges of our English Nobi­lity, [Page 17](whose Ancestors have not only in one but many generations been the grand and stout Assertors, and Maintainers, of our Magna Charta, and Lawes and liberties of England, when the Common people could not do it) are included in these Lawes and li­berties which the now Lord Protector hath lately sworn to observe and keep.

That two of the Ten Commandements given by the mouth of Almighty God him­selfe in Mount Sinai with thunder and Lightenings▪ when the Mount shoke for the dread and Majesty thereof twice after­wards written in Tables of Stone by his own hand and many other of his precepts repeated in his book and holy writt do command the preservation of every mans property.

And that the care of the rights, liber­ties, and properties of the Peeres, and No­bility of England, which neither were, nor are, nor can be proved, to be inconsistent with the rights, liberties, and properties of the other part of the people ought to be very much incumbent upon the hearts, and spi­rits of the members of this Parliament, who come thither under an oath, (which the Parliaments of the former ages sufficiently carefull of the rights, and liberties, not only of a part but of all the people) were not ordered to take) to uphold and main­taine [Page 18]the true reformed Protestant Religi­on in the purity thereof as it is contained in the old, and new testament (which cer­tainly enjoynes the preservation of every mans property) and as members of Parlia­ment to indeavour as much as in them lieth the preservation of the rights, and li­berties, of the people.