vileges
of the commons, particularly that of impeachment, were hitherto new and
supported by few precedents, there want not plausible reasons to justify
these opinions of the judges.[***]

* In the preamble to 5 Henry IV. cap. vii. it is implied,
that the sheriffs in a manner appointed the members of the
house of commons, not only in this parliament, but in many
others.

** Knyghton, p. 2694. Ypod. Neust. p. 541.

*** The parliament, in 1341, exacted of Edward III., that on
the third day of every session, the king should resume all
the great offices; and that the ministers should then answer
to any accusation that should be brought against them; which
plainly implies, that, while ministers they could not be
accused or impeached in parliament, therefore, their answer
to the king's queries before the archhishops of York and
Dublin, the bishops of Durham, Chichester, and Bangor, the
duke of Ireland, the earl of Suffolk, and two other
counsellors of inferior quality. Henry IV. told the
commons that the usage of parliament required them to go
first through the king's business In granting supplies;
which order the king intended not to alter. Parl. Hist. vol.
ii. p. 65. Upon the whole, it must be allowed that,
according to ancient practice and principles, there are at
least plausible grounds for all these opinions of the
judges. It must be remarked, that this affirmation of Henry
IV. was given deliberately, after consulting the house of
peers, who were much better acquainted with the usage of
parliament than the ignorant commons. And it has the greater
authority, because Henry IV. had made this very principle a
considerable article of charge against his predecessor; and
that a very few years before. So ill grounded were most of
the imputations thrown on the unhappy Richard.

They obliged the king to summon a parliament, which was entirely at
their devotion, they had full power, by observing a few legal forms,
to take vengeance on all their enemies. Five great peers, men whose
combined power was able at any time to shake the throne,--the duke
of Glocester, the king's uncle; the earl of Derby, son of the duke of
Lancaster; the earl of Arundel; the earl of Warwick; and the earl of
Nottingham, mareschal of England,--entered before the parliament an
accusation, or appeal, as it was