John Selden, Of the judicature in parliaments a posthumous treatise, wherein the controveries and precedents belonging to that title are methodically handled.

Title

John Selden, Of the judicature in parliaments a posthumous treatise, wherein the controveries and precedents belonging to that title are methodically handled.

Author

Selden, John, 1584-1654.

Publication

London :: Printed for Joseph Lawson ...,

[1681?]

Rights/Permissions

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Subject terms

England and Wales. -- Parliament. -- House of Lords -- Jurisdiction.

Link to this Item

https://name.umdl.umich.edu/A59089.0001.001 content_copy

Cite this Item

"John Selden, Of the judicature in parliaments a posthumous treatise, wherein the controveries and precedents belonging to that title are methodically handled." In the digital collection Early English Books Online. https://name.umdl.umich.edu/A59089.0001.001. University of Michigan Library Digital Collections. Accessed June 13, 2025. content_copy

Contents

• title page
• A Scheme of the Method and Contents.
• JUDICATURE IN Parliament,
  • CHAP. I.
    • Whether the Spiritual Lords de Jure, are tryable by their Peers or no?
    • Touching the nature of the Offence.
  • CHAP. II.
    • Of Judgments on Delinquents.
      • The Accusation of the Commons.
      • Precedents of their Complaints by Peti∣tion are.
      • The King will be advised.
      • subsection
    • § 2. The second manner of Accusation is Ex parte Domini Regis, which is threefold.
    • Of Accusation by Information Ex parte Domini Regis.
      • This is out of the Close Roll.
      • The followeth the Judgment against him.
      • Then followeth the Judgment against him also.
      • It begins thus.
      • Then follows his Answer.
    • §. 3. Here might be two Questions.
      • But thus it was used to be, viz.
    • §. 4. The second kind of Accusation on the Kings behalf is, ex mandato Dom. Regis, upon the Roll and view of any proceedings elsewhere against the Delin∣quent, or upon his Petition; The Pre∣cedents thereof are these.
      • But thither he comes a Petitioner.
      • The Precedents are these.
      • The reason why in this Cause the Articles are, Ex parte Dom. Regis, seemed to be this:
    • §. 5. Of Accusation by Complaint of pri∣vate Persons.
      • The Proceedings before the Judges were in a Schedule, annexed to the Parliament-Roll, and were thus;
      • And then follows another Impeachment of the Commons; thus:
  • chapter - 3
    • CHAP. III.
    • In the Answer is to be considered,
    • Touching the First.
    • This was the Ancient Course.
    • §. 2. Touching Councel.
    • This received no Answer.
    • §. Next to the Answer follows the Repli∣cation; and that in my opinion belongs to the Party whose Suit it is. If the Commons impeach any man, it belongs to them, if they will reply. And to this end, either they are all, or some of them to be present when the Party makes his Answer, and to consider thereof apart by themselves, and to reply if they see cause. Or else a Copy of an Answer is to be sent them; and their Replication expected be∣fore any other Proceedings be. If they do not reply, the Lords may: But if the Ar∣ticles against the Party be so drawn ex parte Domini Regis, then it belongs to the King and the Lords alone: And the Commons can neither reply, nor de Jure demand the Party to be put to his Answer. All this will appear in the ancient Prece∣dents which follow.
    • His Answer is,
    • This is the Effect of the Impeachment; the Answer follows.
    • Thus much touching Replication by the Commons.
  • CHAP. IV.
    • Witnesses produced by the Commons.
    • 9 Maij, These Questions were proposed to the Judges.
  • CHAP. V.
    • §. 1. That the Judgment belongeth only to the Lords, appeareth by all the old Re∣cords that I have seen; prout 4 E. 3. against Mortymer, The Earls, Barons, and Peers did Award and Judge by assent of the King, &c.
    • §. 2. In what Cases the King's Assent is necessarily required.
      • Touching the Second, viz. Judgment a∣gainst the King's Will.
      • Touching the Third. viz. In the Absence of the King.
      • Touching the Absence of many of the Peers.
      • § 2. In Judgment on Misdemeanors, the King's Assent is not required.
    • §. 3. The King's Presence in Parliament.
    • §. 4. The Presence of the Lords Spiritual.
      • In Misdemeanors.
      • In Offences Capital.
      • Can they be present, and not Vote?
    • §. 5. Touching the Presence of the Com∣mons in Cases Capital.
      • The Precedents are these.
      • In Judgments on Misdemeanors,
      • The Presence of the Judges.
    • §. The Manner how the Lords resolve on their Judgment.
      • In the Judgment it self is to be con∣sidered,
      • Touching the First.
      • Judgments for Satisfaction.
      • References to the Common Law.
      • Secondly, Touching the Demand.
      • By whom Judgment ought to be Ren∣dred.
  • CHAP. VI.
  • CHAP. VII.
    • section
    • section
  • CHAP. VIII.