They declared that the late commission was derogatory to the royalty and prerogative of the king; that those who procured it, or advised the king to consent to it, were punishable with death; that those who necessitated and compelled him were guilty of treason; that those were equally criminal who should persevere in maintaining it; that the king has the right of dissolving parliaments at pleasure; that the parliament, while it sits, must first proceed upon the king's business; and that this assembly cannot without his consent impeach any of his ministers and judges.[**] Even according to our present strict maxims with regard to law and the royal prerogative, all these determinations, except the two last, appear justifiable: and as the great privileges 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.