on an Infant this shall put him out of Possession notwithstanding the Statute of Westm. 2 c. 5. which aids an Infant against a common Person 35 H. 6.62 63. A Man is attainted of Treason and after the King gives his Lands to a stranger and then he commits a Trepass on the Land and after this he is restored by Parliament and the Attainder is annulled as if there had been no such Attainder he shall not be punished for that Trespass Vide Trespass Br. 425.10 H. 7. adjudged Vide 4 H. 7.10 But if a Daughter or other collateral Heir enter and take the Profits and after the next Heir is born as a Son he shall not have remedy for the outing of the Incumbent nor shall have an account for the mean Profits 9 H. 6.23 Note if a man is attainted of Treason by Act of Parliament all his Lands Goods and Chattels are forfeited to the Crown altho it be not so said in the Act it self by Townsend Justice By the Common Law if a man be attainted by Parliament of Treason or Felony yet the Land is not in the Crown before it be so found by Office if it had not been so ordered by the Statute 33 H. 8. c. 20 which gives possession in such case to the King without any Office yet where a Tenant of the King dies without Heir there the Free-hold shall be in the King without Office for that the Free-hold cannot be in suspence 9 H. 7.2 Dyer 486. Com. 486 229. An Act of Parliament in the Affirmative shall not alter the Common Law as a man recovering Debt or Damages does not sue Execution within the year he was put at the Common Law to his new Original for he should not have had a Scire Facias before the Statute of Westm. 2. c. 45. de his quae recordata sunt which gives a Scire Facias in such case yet the party that recovers may have a Writ of Debt after this Recovery for that the said Statute is the affirmative 39 H. 6.3 The Statute of 42 E. 3 c. 11. ordaineth that four dayes before the Assizes the Pannel of the Assize shall be arrayed yet two dayes before the Assize it is sufficient to array the Pannel in Assizes for that the Statute is in the affirmative 43 Lib. Ass. 22. It is enacted by Parliament that A.B. shall be restored and that he may enter yet he shall not enter upon the King if it be not so enacted by Statute that he may enter as well upon the King as upon a Common Person 4. E. 4.22 23. At a Parliament holden by Adjournment 38 H. 8. it was admitted that if a Burgess of Parliament was made Mayor of a Town that had Judicial Jurisdiction and the other is sick that those are sufficient Reasons to choose others and so they did by Writ of the King out of Chancery that contained this matter that it was admitted in the Commons House of Parliament Par. Br. 7. 38 H. 8. Note A Statute or Act of Parliament shall not be proclaimed for the Parliament represents the Body of the whole Realm for there are Knights and Burgesses of every County and Town 39 E. 3.7 But otherwise where it is ordained by the Act that it shall be proclaimed as the Statute of Labourers 23 H. 6. c. 13. And the Statutes of Maintenance Champerty Imbracery and Reteiners 32 H. 8. c. 9. are ordained to be proclaimed A private Act of Parliament shall not conclude men as a general Act shall neither are strangers to it bound to take any notice as Privies are by 37 H. 6.15 13 E. 4.8 Office de Court Br. 27. Where the matter is against Reason and the Party has no Remedy by the Common Law he may sue for Remedy in Parliament 37 Lib. Ass. 7. A man was restored by Parliament to Land that was forfeited and had a Writ directed to the Escheator to put him into Possession and he returns that he was disturbed in making Execution by A. B. who came and said that he had not notice of the Restitution and by the Justices he is excused till he had notice and the Reason as it seems is for that it is a particular Act 43 Lib. Ass. 29. The Crown of England and the Preheminence thereof by Parliament with all Prerogatives belonging to it was given to H. 7. in Tayle this extends not to Liberties and Franchises of others 1 H. 7.13 The King and the Lords assent that H. B. shall be attainted and lose his Land and because it did not appear by the Act that the Commons assented therefore adjudged by all the Justices that it was no Act of Parliament whereupon the party was restored 4 H. 7.10 Note By the same Reason that the Queen by her absolute Authority may commit a man to Prison and to tarry there during Pleasure as appears Stamford 72. so also by her Proclamation she may ordain that if any one do act against the Content of that Proclamation that he shall be imprisoned and yet see 42 Lib. Ass. 5. where a Commission issuing out of Chancery to seise the Goods of A. and his Body without other process the Suit was awarded void Note The Queen may by Proclamation inhibit that her Subject shall not go out of the Realm upon pain to make Fine for the Contempt if he go c. Fitzh Nat. Br. 85. T. infeoffs W. and A. his Wife in Tail and after it was enacted by Parliament that all Estates made by T. to W. shall be void yet by Fineax and Brian Chief Justice this is void as well to the Wife as to the Husband for they are but one Person in Law and the Wife cannot take but by the Husband But if an Estate had been made to J. and to another Man and all Estates made to J. are enacted by Parliament to be void there the Estate is good for a Moiety to the other man and with this agreed Vavisor yet others are of a contrary Opinion 5 H. 7.34 Dyer 331 332. Note that it was agreed by the Justices that the Statute of Additions made in Anno 1 H. 5. c. 5. shall bind the King as to Indictments and such like as well as common Persons 5 E. 4.32 Com. 236. But see there that an Indictment is specially mentioned which is at the King's Suit and so is as a Name in the Statute See in the Book of Bracton about a Parliament holden by a Lieutenant or by a Protector or by a Deputy and the like See 8 H. 5. c. 1. whereby it is enacted that Parliament Writs being awarded in the name of the King's Lieutenant shall not be staid upon the King 's Return into England neither shall the Parliament be dissolved An Act of Parliament in the time of H. 6. was made whereby all Corporations and Licenses granted by that King were made void It was held that this Act must be pleaded Certain and the Court is not bound to take Connisance of them no more
than of a particular Act for a particular Person for this Act is not general but particular in a generality That all Corporations c. or that all Lords or all Bishops shall have such a Thing c. But where an Act is general and extends to every Man this ought to be pleaded 13 Eliz. 4.8 A particular Act was made that the Chancellor calling to him a Justice may award a Subpaena against A. and B. and make Fine of the matter there all the Justices besides Littleton would not award a Subpaena General but a Special one making mention of the Act for a particular Act shall be taken strictly and a general Act for the Publick Good shall be construed largely 14 Eliz. c. 41. Every one shall be bound by an Act of Parliament if his Right be not saved for every one is privy to an Act of Parliament 21 H. 7.4 by Vavisor The Statute gives a Writ of Praemunire c. Yet one may have a Bill in the King's Bench in Custodia Mareschalli 2 R. 3.17 and the Statute of 1 R. 2. c. 12. gives a Writ of Debt against the Jaylor and yet the Party may have a Bill upon the Escape against him Com. 35. If the King be intitled to the Land of J. S. by forfeiture for Treason or Felony by Act of Parliament or Office by this all Tenures are determined as well of the King as of all others and there if this Land be afterward given to another by another Act of Parliament saving to others all Rights Interests Titles Rents Service and the like as if no such Act had been made there the Seigniories and the like are revived for no Seigniory was in esse at the time of the second Act made and so there are no Words of giving nor of reviving but Words of saving which serve not but to save that which is in esse at the time of saving c. But such Proviso in the first Act may serve for it comes with the Act that intitles the King and if the King is intitled to Land by Office by Escheat and after it is enacted by Parliament that the King shall enjoy it saving to all others their Seigniories and Hundreds there such saving will not serve for the Reason aforesaid for all was extinct before by Office and nothing was in esse at the time of the saving c. 27 H. 8. Parliament Br. 77. Note If an Act be general viz. Where it speaks as well within Franchise as without this shall bind a County Palatine 19. H. 6.12 by Hoddy Note Those Words that destroy Life and Member in Statutes are intended of Felony as the Statute of Westm. 2. c. 34. where a Man ravished a Woman espoused or Damsel that assented not before or after he shall have Judgment of Life and Member which Words have always been taken to be Felony without the word Felony mentioned in a Statute and so the Statute de frangentibus Prisonam 1 E. 2. Coron Br. 204. 9 E. 4.20 If a Felon be pardoned by Parliament and pleads not Guilty he shall not have a Writ of Conspiracy for the Felony was gone before by the Pardon Fitzh Nat. Br. in the Writ of Conspiracy there In a Replevin the Defendant justifies as under Sheriff of London by a Fieri facias to levy the Expences of the Knights of Parliament amounting to c. And every Hundred was put in certain and W. one of the Towns of such an Hundred was rated 10 l. and he as under Sheriff took the Cattel in the Town in such a Place and the same Beasts he sold and paid the Knights and so avows c. And there by the Court he may take the Arms of a Man for the Duty of the whole Town and that those Boroughs which send Burgesses of Parliament shall not pay to the Expences of the Knights of the County unless there be a Prescription That the Tenants of the Ancient Possessions of Lords of Parliament have paid towards the expences of Knights of Counties But if the Lords purchase Lands de novo that are lyable to those Expences there the Tenants must pay 11 H. 4. Fol. 2. The Villains of Lords of Parliament that come to Parliament shall not be contributory to the Wages of Knights of the County that come to Parliament but the Lords shall have Letters in their own names directed to the Sheriff commanding him not to distrain their Villains c. F. N. B. fol. 229. If there be divers Sessions in one Parliament and the King signs not a Bill till the last there all is but one and the same day and all shall have Relation to the first day of the first Session and the first day and the last are but one Parliament and one and the same day unless special mention be made in the Act when it shall take its force but every Session wherein the King signs Bills is a day by it self and one Parliament by it self and shall have no other Relation but to the same Session 33 H. 8. Parliament Br. 86. Note If a Man in pleading alledge a Statute and misrecites it in the Matter or in the Year Day or Place the other Party may demurr generally because there is no such Law for every one that alledges a Statute ought to recite the Law truly but in the Kings case it may be amended and this in another Term otherwise in the case of a common Person 33 H. 8 Parliament Br. 87. A Man cannot prescribe against a Statute as in Trespass the Defendant prescribed to distrain for Tenure upon the Land holden and to carry the distress to D. in another County whereupon he was condemned for the Statute is that a man shall not take a distress in one County and carry it into another Marlebr 4. and W. 1. c. 16. 30 Lib. Assis. Pl. 38. Prescription Br. 50. And yet if a man hold Land in one County of a Mannor that is in another County he may distrain for Rent or Services of the same Land and carry the distress where the Mannor is and impound it there 1 H. 6.4 Vide Prescription Fitz. 58. 8 H. 3. c. 6 H. 8. Rot. 351. Ass. was awarded of Damages for the Plaintiff upon Certificat of the Bishop that the Tenant was a Bastard and the Parliament wrote to the Justices of Assize to cease and yet they proceeded whereupon the Chancellour reversed this Judgment before the Council and adjudged it in the same manner as it was upon the Certificat c. And then remitted it to the Justices of Assize that had proceeded and given Judgment for the Plaintiff for that the Bishop had certified the Tenant to be a Bastard and they took no notice of the Reversal before the Council for that is not a place where a Judgment ought to be reversed 39 E. 3. 14. Note After Judgments given in the Court of the King the Parties and their Heirs shall continue in possession till the Judgment
a Writ of Ouster le main issued forth to the Escheator and the Tenant that had the Land upon a Traverse by him tendered made Rescous If he had not notice of this Restitution he shall not be punished by Fine for that Rescous and the reason may be for that it is a special Act. 43. Lib. Ass. 28. Henric ' c. Vic. Darby salutem Praecipimus tibi quod statim post receptionem praesentium in singulis locis infra Ballivas tuas tam infra Libertates quam extra ubi magis expedire videris ex parte nostra solempniter publice Proclamation ' fact ' quaedam Statuta Ordinationes per nos de Communi assensu Praelatorum Magnatum Communit Regni nostri in presenti Parliamenti nostri apud Westmonasterium pro communi utilitate totius Regni nostri praedicti editi Provisi quae in quibusdam schedulis huic brevi nostro annex ' per Latorem praesentium tibi mittimus mandantes praeterea quod immediate post Proclamationem sicut permitt per te factas omnes singul ' hujusmodi schaedulas in separat ' distinct ' et public ' locis ut subditis et Ligeis nostris plenius apparere poterit in Tabulis affigi et poni similiter fac ' et hoc sub periculo incumbente non omitti Teste c. Note That a special Bill against J. P. was put into Parliament 33 H. 6. for Ravishing of a Woman whereby it was ordained that he come before the Lords within a certain day after the Proclamation made by the Sheriff of the County of E. after Pentecost next and if he appeared not then he should be attainted and pay a certain Sum to the Woman and this Bill was exhibited to the Commons after Pentecost which was within the time of Parliament that begun 15 P. before Anno Praedict ' And the Lords gave day to J. P. to appear after Pentecost Anno 1457 which was 34 H. 6. within a day certain after the Proclamation and this Bill was not sent to the Commons as it ought to have been for that the Lords gave a longer time than the Commons gave and after J. P. did not appear according to the Proclamation whereupon he was taken and sent into the King's-Bench and there pleaded by his Counsel that the Act was not an Act for that the Lords had given a longer day ut supra and the Bill was transcribed upon a Certiorari in Chancery and by Mittimus of Chancery under the Seal there was sent to the Justices and the Writ was Rex Justitiariis suis c. Transcriptum cujusdam billae coram nobis in Cancellariam nostram in filacio c. exhibit ' authoritate ultimi Parliamenti nostri c. Confirm versus J. P. Vobis mittimus by which c. And altho it is not an Act of Parliament in Law for that the Lords gave a longer time ut supra yet the Clerk of Chancery made the Writ which was confirm'd by Parliament and it was not so in Truth And Fortescue in the Exchequer Chamber seems that it cannot be intended but that the Act is good for that the King by his Writ certified the Justices that the Bill was confirm'd by Parliament But Illingworth Chief Baron said that it shall not be taken for an Act of Parliament for the writing of a Clerk of Chancery cannot make an Act of Parliament good if it be vitious or void in it self and after Fortescue said that this is an Act of Parliament and he would be advised before he would make void an Act of Parliament and so see if a Certificat under the Seal of the Chancery of a Record there shall be contradicted Vide Com. 232. and 21 E. 3.40 that a Man shall not have an Averrment against a Certificat under the great Seal FINIS
new debate of the Case took order that their Serjeant should speedily repair to the Sheriffs of London and require delivery of the said Burgess without any Writ or Warrant had for the same but only as afore Albeit the Lord Chancellour offered there to grant a Writ which they of the Common House refused being in a clear Opinion that all Commandments and other Acts proceeding from the nether House were to be done and executed by their Serjeant without Writ only by shewing of his Mace which was his Warrant But before the Serjeant's return into London the Sheriffs having intelligence how heinously the matter was taken became somewhat more mild so as upon the said second demand they delivered the Prisoner up without any denial But the Serjeant having then further in commandment from those of the nether House charged the said Sheriffs to appear personally on the morrow by eight of the clock before the Speaker in the nether House and to bring thither the Clerks of the Counter and such other of their Officers as were Parties to the said Affray and in like manner to take into his custody the said White which wittingly procured the said Arrest in Contempt of the priviledge of the Parliament which Commandment being done by the said Serjeant accordingly on the morrow the two Sheriffs with one of the Clerks of the Counter which was the chief occasion of the said Affray together with the said White appeared in the Common House where the Speaker charging them with their Contempt and Misdemeanor aforesaid they were compelled to make immediate Answer without being admitted to any Counsel Albeit Sir Ro. Cholmley then Recorder of London and other the Counsel of the City there present offered to speak in the cause which were all put to silence and none suffered to speak but the parties themselves whereupon in conclusion the said Sheriffs and the same White were committed to the Towerâ— of London and the said Clerk which was the occasion of the Fray to a place there called Little-ease and the Officer of London which did the Arrest called Tailor with four Officers to Newgate where they remained from the 28 th until the 30 th of March and then they were delivered not without humble suit made by the Mayor of London and other their Friends And forasmuch as the said Ferrers being in Execution upon a Condemnation of Debt and set at large by priviledge of Parliament was not by Law to be brought again into Execution and fo the party without remedy for his Debt as well against him as his principal Debtor after long debate of the same by the space of nine or ten days together at last they resolved upon an Act of Parliament to be made and to revive the Execution of the said Debt against the said Welden which was Principal Debtor and to discharge the said Ferrers But before this came to pass the Common House was divided upon the Question but in conclusion the Act passed for the said Ferrers who won by fourteen Voices The King being then advertised of all this proceeding called immediately before him the Lord Chancellor of England and his Judges with the Speaker of the Parliament and other of the gravest Persons of the nether House to whom he declared his Opinion to this effect First commending their wisdom in maintaining the Privileges of their House which he would not have to be infringed in any point alleged that-he being Head of the Parliament and attending in his own Person upon the business thereof ought in reason to have Priviledge for him and all his Servants attending there upon him So that if the said Ferrers had been no Burgess but only his Servant that in respect thereof he was to have the priviledge as well as any other For I understand quoth he that you not only for your own Persons but also for your necessary Servants even to your Cooks and Horse-keepers enjoy the said Priviledge insomuch as my Lord Chancellour here present hath informed Us that he being Speaker of the Parliament the Cook of the Temple was arrested in London and in Execution upon a statute of the Staple And forasmuch as the said Cook during the Parliament served the Speaker in that Office he was taken out of Execution by the priviledge of the Parliament and farther We be informed by our Judges that We at no time stand so highly in our Estate Royal as in the time of Parliament wherein We as Head and you as Members are conjoyned and knit together into one Body Politick so as whatsoever Offence or Injury during that time is offered to the meanest Member of the House is to be judged as done against our Person and the whole Court of Parliament which Prerogative of the Court is so great as our learned Counsel informeth us as all Acts and Processes comming out of any other inferiour Courts must for the time cease and give place to the highest And touching the Party it was a great Presumption in him knowing our Servant to be one of this House and being warned thereof before would nevertheless prosecute this matter out of time and therefore was well worthy to have lost his Debt which I would not wish and therefore do commend your Equity that having lost the same by Law have restored him to the same against him who was his Debtor and this may be a good Example to others not to attempt any thing against the Priviledge of this Court but to take the time better whereupon Sir Edward Montague then Lord Chief Justice very gravely declared his Opinion confirming by divers reasons all that the King had said which was assented unto by all the Residue none speaking to the contrary the Act indeed passed not the higher House for the Lords had not time to consider of it by reason of the dissolution of the Parliament Because this Case hath been diversly reported as is commonly alleged as a President for the priviledge of the Parliament I have indeavoured my self to learn the Truth thereof and to set it forth with the whole Circumstances at large according to their Instructions who ought best both to know and remember it Note Danby says That one coming to Westminster for that he was a Parliament-Man and was arrested and lay in Execution upon a Condemnation long time before the Parliament and would have been discharged of the Execution and the matter was notified to the King's Council and to the Justices of the Bench that he could not be discharged and Coke said that it was true 2 E. 4. fol. 8. vide Dyer 162. A man in Execution for Debt altho he was necessary for War which is for the publick good cannot be taken out of Execution per omnes Justic. The Parliament shall not give Priviledge in time of Vacation but sitting the Court Priviledge Br. 56. Necessary Servants attending upon their Masters during the Parliament shall have priviledge of Parliament so that they shall not be arrested for Debt
or such like And so shall have priviledge of Parliament the necessary Officers that attend on the Parliament as the Serjeant at Arms Porter of the House Clerks and such like and in the same manner for their necessary goods so that they shall not be arrested nor taken by any other Officer unless it be in case of Treason or Felony in the same manner as Judges or Ministers of other Courts shall have for their Servants Goods and Chattels necessary Priviledge Br. 6. 29. 24. If they cannot agree in Parliament upon a Bill the Tryal shall be by the greater number of Polls He that comes to Parliament ought to be a lawful Person not Out-law'd nor in Execution nor attainted of Treason or Felony neither shall he be a Villain Vide Process Fitzh 20 8. 34 E. 1. A Witness that was named in a Deed among others was Out-law'd no Process shall be awarded against him by the Statute for that he was Out-law'd If one of the Indictors be Out-law'd the Indictment is not good because he is not Legalis probus Homo 11 H. 4. 11. Divers of Parliament were attainted of Treason by the Parliament in the time of R. 3. with H. 7. and it was agreed by the Justices that untill the Act of Attainder was repeal'd such Burgessesses or Knights shall not be received into the House to sit there but assoon as the Act was revers'd and annull'd they should come into their places and then may proceed upon any thing there moved lawfully as lawful Persons But as to the King himself it was agreed that the King was a Person able and discharg'd of any former Attainder ipso facto that he took upon him to Reign and to be King for there is no Superiour to discharge him 1 H. 7.4 If there be divers Sessions of Parliament and there Acts passed at every Session every Act shall have relation to the first day of every Session Comment 78. The Errors committed in Chancery in things appertaining to the Common Law shall be reversed in the Kings Bench. Dyer 315 Error Fitzh 71.18 E. 3 by which it seems that the Kings Bench is a Higher Court than the Court of Chancery as to that Tamen quaere vide 37. H. 6.15 where it is said that it shall be reversed in Parliament by Choke Danby and Ashton vide Com. 393 Breve Fitzh 651. Vide 42 Lib Ass. 22. where Error was committed in Chancery upon Petition made there and a Scire facias issued in the same Court against the Party to the Petition of the Terre-Tenant to reverse this Erroneous Judgement thereof If the King be deceiv'd in making his Charter it shall by Scire facias be annulled in Chancery out of which it issued and not in Parliament Brief Fitzh 651.16 E. 3. But note there that both are the Kings Courts and the King may sue in which of his Courts he pleases in his own Case But Thorpe said there that in the Case between G. and G. the Suit was in Parliament to reverse a grant and Charter of the King which Parner granted for that it was between party and party and as to the last matter vide 21 E. 3.46 accorded If there be a Statute that was never put in ure yet it may be put in ure at this time 11 H. 4.7 yet see the Statute of Butler made 20 E. 1. is not put in ure which gives waste to the Heir done in the time of his Ancestor for the Register gives not a Writ of waste done in the time of the Ancestor c. A Parliament may err as appears Parliament Br. 16. which reversed the Estate of J. S. in certain Land and the Charter thereof to him made without calling the Patentee to it by process before the Repeal 21 E. 3.4 Plowd Com. 400. in the case of the Earl of Leicester and Heyden And Error in Parliament ought to be reversed by Parliament Error Br. 65. The Queen may under the great Seal assign two or three Lords of Parliament to supply her place in Parliament if she be sick or if she will not come for any other cause to Parliament as it was done Anno 31 Eliz. the Queen that now is at which time the Arch-Bishop of Canterbury the Lord Treasurer of England and the Earl of Derby under the great Seal were appointed Commanders by our Sovereign Lady the Queen to represent her Person in the Parliament and they sat one space lower from the Cloth of Estate in the Parliament House A Statute in the negative restraineth the Common Law so that after such Statute a Man may not use the Common Law as the Statute of Marlbr c. 3. Non ideo puniatur dominus per Redemsione and Magn. Chart. c. 34. nullus appelletur ad sectam elienius feminoe nisi de morte virt sui Otherwise it is where a Statute is made in the Affirmative because that does not alter the Common Law Parliament Br. 72.108 Note by Englefield Justice in the case of Button and Savage that where a man had an elder Title to Land by one Entail and after the same Land is given to him by Parliament his Heir shall not be remitted for by the Act all other Titles are extinct for that the Act is the Common Judgment and an Estoppel to every one that is privy to the Act. Parliament Brooke 73.29 H. 8.21 Ed. 4.57 If the King has an ancient Title to Land tayled and the same Land is given to him by Parliament the Entail is gone so that his Heir shall not avoid Leases made by his Father nor Charges and the like Parl. Br. 73.29 H. 8. It was held that these words to wit the King with the Assent of his Lords and Commonalty Grants or Establishes c. This is as well as if it had been That it was enacted at the Request of the Lords and Commons c. and that the King had assented but the more usual words are That it be enacted by the King by the assent of the Lords and Commons c. But the shorter and sufficienter Words are that it be enacted by the Authority of Parliament Parliament Brooke 76.7 H. 7.14 The ancient Statutes as Magna Charta and other Statutes are Quod Rex Statuit and good for it is implied that the Lords and Commons assented Parliament Br. 76. and the Statute de Finibus 27 E. 1. is Statuimus ordinavimus No Lord shall be tryed by Peers but Lords of Parliament which are Temporal Lords and not Spiritual Lords for a Bishop that is a Lord of Parliament shall be tried as other common Persons are as by Knights Esquires and Gentlemen for that a Bishop is not a Lord but by reason of his Bishoprick and so was Cranmer Arch-Bishop of Canterbury 1 Mar. Reg. Stanford 153. A Peer of the Realm shall be tried in an Appeal by Knights c. and noâ— by his Peers because it is at the suit oâ— the Party Trial. Br. 142. Coron Br. 153.10
A Man shall not be remitted that takes an Estate by Parliament 34. H. 8. Remitter Br. 49. If the King gives Land to me that is mine already by Patent in Fee I shall not be remitted 21 E. 4.57 But if the King recites my former Right and gives it me I shall be remitted Ibidem Lib. Ass. 28. Note That the King cannot alter the Law by his Proclamation but he can make Proclamation that if any one does contrary to the Contents of the Proclamation that he shall incurr the Indignity of his Majesty But upon pain of forfeiture of his Land or Life without Parliament he cannot Vide 31 H. 8. c. 8. That it was ordain'd by Parliament that Proclamations made by the King by advice of certain of his Council named in the same Act ought to be obeyed as though they were made by Act of Parliament And after 34. H. 8. c. 23. another Statute was made concerning Offenders of the former Statute But by the 1 H. 6. c. 12. both the Statutes are repealed by which Statutes it appeareth that Proclamations shall not bind as Acts of Parliament do unless it be so ordain'd by Parliament for if so the said Statutes of H. 8. were made in vain A Statute recites that such are attainted of Treason before such Commissioners and this Attainder is confirmed if there were no such Attainder in deed the Act does not attaint them at all Com. 400. A notable Case between Robert Earl of Leicester and Sir Christopher Heydon and the recital that they were attainted shall not conclude the Party so supposed to be attainted but that by an Averrment he may avoid it see the Book By the 27 H. 8 th it was ordained that it should be Felony in a Servant to embezil the Goods of his Master and after by 1 E. 6. c. 12. all Felonies made in the time of H. 8 th are annull'd but the Felony of Embezilling c. And by the said Statute of 1 E. 6. it is shewn that the said Statute of 27 H. 8 th was held at Westminster upon divers Prorogations the 4 th of February in Anno. 27 H. 8. and there continued and kept untill the 24 th day of April next following and for that the said Branch misrecites the Act of 27 H. 8. aforesaid for that Session begun the fourth day of February 27 H. 8. and continued untill 24 th day of April then next following and then ended and not continued until 24 th day of April as the Branch makes mention by which it is Evident that the Branch of the Act that referrs to a Statute made in one Parliament that begun such a day and continued till such a day whereas the Parliament did not continue this must be void in point of time and so the Parliament may mistake a thing and by reason of this Misprision it will not Arraign a Man that shall embezil his Master's Goods after the said Act of 27 H. 8. Com. 400. If a Statute make an Act Felony and does not mention Accessories yet there shall be Accessories in the Case of the Statute and this Master Dallison Justice of the King's Bench said that it was so held by the King's Bench Court 3 4 Ph. et Mar. as Lambert Reports in his Book of the Justices of Peace Fol. 289. Vide Stamford 44. and 19 H. 6.47 according In the Case of counterfeiting the Seal or Money where the consenter or aider to it c. And yet the Statute speaks If a Man counterfeit c. which thing another did not so of Rape where one commits the Act and the other aids 11 H. 4.12 Coron Fitzh 228. Vide Parliament Br. 46. If an Act make a new Law in the Affirmative which was not at Common Law this Law implies a Negative as a Man seised in right of his Wife infe-offs a Stranger to the use of himself and his Wife she is not remitted because she is a Purchaser of the Use and she shall have the Land as to the Use wherein so much is implied as if the Statute had said Et non aliter seu alio modo Com. 113. As the Statute of Westm. 2 c. 4. grants that in a Quod. ei Deforciat if the Tennant recover and maintain the Title of that which the Demandants call Ad Warrantum ac si essent Tenants in Priori brevi there if the former Action had been such in which he could not Vouch as a Scire Facias the Demandant shall not Vouch because it is not a new Ordinance of a thing that was at Common Law which implies a Negative As if it had been said Et nullo alio modo Ibidem 113. When a Statute is made to Redress Covin or an Inconvenience which was at Common Law altho it be penal yet other Cases in the same mischief shall be taken by Equity of the Statute as the Statute of the 16 R. 2. c. 5. of Premunire enacts that if a man Sue for any thing in the Court of Rome or else-where for which he may have remedy in the Court of the King he shall lose his Land c. In this Case if a man Sue at the Court of Rome for that for which he may have remedy in the Bishops Court in England he shall be within the said Statute and yet the said Statute speaketh of the Court of Rome as appears Premunire Br. 9.9 E. 4.3 per Yelverton who said that in the King's Bench it has often been the Opinion that if a Clerk sue another in the Court of Rome for a thing Spiritual where he may have remedy in this Realm in the Court of the Ordinary that he is in the Case of the Statute The Statute de Religiosis is that a recovery by the Defendant shall be Mortmain and the Recovery by Reddition Confession or Action tried is taken by Equity by Genney which is not decided and so of Rent or Common which is neither Land nor Tenement by Lacon which is not denied 3 E. 4.14 Vide Montague in the Case of Wimbish Com. 59. That the Statute which comes to redress Covin and Fraud shall be taken by Equity altho it be not within the words of the Statute and a Statute that is for the Redressing a general Mischief may be taken by Equity by Horton Parl. Br. 13.19 The Justices ought to take notice of a general Pardon given by Parliament and allow it to the Party upon his Arraignment altho the Party do not plead it unless there be an Exception in the Pardon so given for in such Case he ought to shew that he is not one of them that is excepted 27 H. 8.7 for the former and the latter 8 E. 4.7 Charter of Pardon Br 46. The King shall not be bound by a Statute unless he be expresly named in it by Prisot and Ashton as in a Quare Impedit Altho the six Months are elapsed the King shall not be bound but shall have a Quare Impedit so if the King usurp
sworn in Ass. against his own Will and it was questioned whether he held by Barony to come to Parliament as a Baron and he said that he held by one part of a Barony and that he and his Ancestors have used to hold so time out of mind and after upon good Advise he was altogether discharged Exemption Br. 3. 46 E. 3.30 When an Errour is sued in Parliament committed in the Kings Bench a Scire facias shall issue forth to the Party to answer at the next Parliament and by Hankford in Errour sued there it is said that the Record must remain with the Justices and they send a transcript of it thither c. Error Fitz. 18. 8 H. 5. and Dier 375 the Record it self and a Transcript of it was brought into Parliament to be examined and the Transcript was left there Bagot was made a Denizen by H. 6. and after by a Parliament in the time of Ed. 4. All Acts done by H. 6. are repealed and annulled yet B. continues a Denizen for that he was made once a Denizen and there must be a special Act to annull that Denizenship Denizen Fitzh 1.9 E. 4. Note If a Peer of the Realm or Lord of Parliament be Demandant for Plaintiff Tenant or Defendant there must two Knights be returned of his Jury or else the Array may be quashed as appears in an Assize betwixt the Earl of D. and Newdigate Com. 117. Challenge Fitzh 115. 13 E. 3. and Dier 107. Vide Dyer 318. where the Defendant was proclaimed Earl of Kent by Descent pending the Writ and after the Earl challenged the Array for that he was an Earl and no Knight returned in the Pannel and it was not allowed for the admittance of both Parties is to the contrary and no default in the Sheriff for he had no notice of such estate of either Parties and note Dier 246. If there are divers Defendants whereof one is a Lord of Parliament and the Array is challenged for the Cause before this shall serve to quash all the Array against the other Defendants also for that it is intire The Statute of 4 H. 7. of Fines is penal because the Right shall be bound if he comes not in within five years after the Title accrued and for that the Statute is very beneficial for the repose and quiet of Land in Possession of the Subject it shall be largely expounded and therefore if the time Commence in the Father which is a stranger to the Fine to make claim within the five years and after he dies within the five years his Issue that is within Age shall be bound to pursue the rest of the five years commenced in the Life of his Father as it is adjudged in the Case of Zouch and Stowell Com. Fol. 375. And a Corporation as Mayor and Communalty that have an absolute Estate shall be bound if they do not make claim within five years after the Title accrued and yet the Statute of 4 H. 7. of Fines makes no mention of Corporations or Bodies politick but yet are Parties within the intent of the Statute Com. 538. Otherwise it is of a Person of the Church and a Bishop because they have not an absolute Estate Ibidem Chaplains that are Masters of Chancery and are attendant on the Parliament shall not be Contributory by reason of their Benefices to the expences of Proctors made by the Clergy that come to Parliament and if they be they shall have a Writ to the Arch-deacon and his Officers for the discharging them and upon that there shall be an Alias and Pluries and Attachment against them which Writ appears in Fitzh Nat Brevium 229. and by the Writ it appears there that this is given by the Statute of Westminster Priviledge Br. 56. Lord and Tenant and the Tenant is attainted of Treason by Parliament and it is ordained by it that he shall forfeit all his Lands and after is pardoned and restored by another Parliament Habendum sibi Haeredibus suis as if there were no such Attainder now he shall hold of the common Person as before and yet once the Tenure was extinct by the forfeiture of the Land to the King 21 H. 8. Tenures Br. 70. Vide Parliament Br. 77. What words in an Act will revive Seigniories which were before extinguished and that it is no good Case And see Stamford 197. That if the King infeoff an estranger of them it ought to revive the mesn Seigniory which was before the Attainder Tenendum of the mesn Lord as it was before the Attainder Vide Petition F. 19 H. 4. 6 Edw. 3. For this excellent Case Vide Dyer 313. where the saving of a Seigniory in a Statute is not good When a Statute gives a forfeiture to the King and to the Party griev'd as where a man is prejudic'd by Perjury or by a fraudulent conveyance of Land or Goods to defraud the Action or Suit of Creditors and such like there none shall have the Suit upon the Statute but the King or the Party that has receiv'd Loss thereby Otherwise it is if the Statute says that the King shall have a Moiety and he that shall inform shall have the other Moiety without mentioning the Party grieved And if the King commenceth the Suit before an Information of the Party in this Case the King shall have all the Forfeiture and he may before the Suit of the Informer release to the Party offending and by it every other Person is excluded 1 H. 7.19 The Statute of 21 H. 8. c. 13. is If a Parson take another Benefice beyond the yearly value of 8 l. without a Qualification the first Benefice is void This value shall not be taken as the Parsonage is valued in the Book of first-Fruits but as it is valued in deed Dyer 237. The Statute 21 H. 8. c. 13. says that no Parson of a Church or such Spiritual Man shall take a Lease for years for Life or at Will c. upon pain of forfeiture for every Month that he shall occupy it 10 l. to the King and Informer But note that the Lease is not made void by the said Statute as it has been ruled Dyer 358. Note no man can make Proclamation but by Authority of the King as Mayors and such like as have privileges in Cities and Boroughs so to do or have it by Custom And therefore where an Executor made Proclamations in certain Market Towns that the Creditors should come by a certain day and claim and prove their Debts due by the Testator and because he did this without Authority he was committed to the Fleet and fined 22 H. Br. 8. 10. Note a Man shall not be made a Bastard after the death of his Father and Mother because the marriage is determined and if a Commissary after their death find such Case of Divorce and after such Diovrce being made after the death of one of the Parties this shall never Bastardize the Issue and so it was taken in
damages to be taxed by the discretion of the Justices of the same Bench or by Inquest if it be needful and make Fine and Ransom at the King's will and if he come and be found Guilty by Inquest by examination or otherwise of such Affray or Assault then he shall pay to the Party so grieved his double damages found by the Inquest or to be taxed by the discretion of the said Justices and make fine and ransome at the King's will as above is said 11 H. 6. c. 11. Vide the Act made for the assurance of Lands to John Hind Serjeant at Law and his Heirs paying annually ten pounds towards the maintenance and wages of Knights of Parliament for the County of Cambridge for ever 34 35 H. 8. c. 24. Note by Kirby Clerk of the Rolls of Parliament that the custom or usage of Parliament is that if a Bill come first to the Commons and they pass it then the Use is to indorse it in such manner Soit baile a Seigniores and upon that if neither the Lords nor the King do alter it then it shall be delivered to the Clerk of the Parliament to be enrolled without indorsing it and if it be a general Bill it shall be inrolled but not if it be a private Bill but it shall be put on the File and that is sufficient but if the party will sue to have it inroll'd then it may be inroll'd for sureties sake 33 H. 6. 17. If the Lords will alter a Bill in that which may stand with the Bill they may so do without remanding to the Commons as if the Commons grant Poundage for four years and the Lords will grant it but for two years this Bill shall not be carried back again to the Commons But if the Commons grant it but for two years and the Lords will grant for four years there the Bill shall be delivered to the Commons and in this case the Lords ought to make a Schedule of their Intention or indorse the Bill in this manner The Lords have assented for the term of four years And when the Commons have the Bill again and they will not assent to it this can be no Act. But if the Commons will assent then they indorse their Answer upon the Margent of the Bill beneath in such form The Commons have assented to the Schedule of the Lords annex'd to the same Bill and then it is delivered to the Clerk of Parliament ut supra 33 H. 6. 17. If a Bill be first delivered to the Lords and they pass it they use not to make any Indorsement but send the Bill to the Commons and if it pass them the use is to indorse it thus Les Commons sont Assentants and this proves that it passed the Lords before And therefore if J. S. be attainted of Trespass by Parliament and the Commons assent that if he does not come in by such a day he shall forfeit such a Sum and the Lords give him a longer day and the Bill is not sent back to the Commons again this is no Act for that the Bill was not delivered back to the Commons after the inlargement of the day given by the Lords 33 H. 6.17 Every Bill that passes the Parliament shall have relation to the first day of Parliament although it come in at the end of the Parliament and it is not the custom to make any mention what day the Bill was delivered in to the Parliament per Faukes Clerk of the Parliament 33 H. 6. 17. unless a time be specially appointed by the Statute when it shall Commence Com. 79. If the Parliament begin before Pentecost and continue after Pentecost and the Commons agree to a Bill after Pentecost and give a day at Pentecost next and the Lords do so too Now for that a Bill shall have relation to the first day of Parliament if it be not ordered otherwise it shall be taken for this Pentecost which is passed at this Sessions whereas the intent of the Lords and Commons was that it should be Pentecost after this Petition named in the Bill Parliament B. 4. Altho the Lords and Commons agree to a Bill yet it is no Act till the King has given his Royal Assent to it in proper Person or under his great Seal and if the King Assent then is written upon the Bill Le Roy veult And if the King will not Assent then it is indorsed Le Roy advisera 33 H. 6. 17. 33 H. 8. c. 21. Every Knight Burgess Baron of the Cinque Ports or other call'd to Parliament shall have priviledge of Parliament during the Parliament or Session of Parliament so that he that arrests any of them during that time shall be imprisoned in the Tower by the Lower House of which he is and shall be put to a Fine and the Keeper also if he will not deliver him so arrested when the Serjeant at Arms comes for him by the command of the House of which he is Dier 60. Note in the Lower House when a Bill is read the Speaker does open the parts of the Bill so that each Member of the House may understand the intention of each part of the Bill and the like is done by the Lord Chancellour in the Upper House then when it is read the second time sometimes it is ingrossed without any Commitment but then the Speaker makes question of it in this manner The question is Whether this Bill shall be ingrossed or not As many as would have the Bill ingrossed shall say Yea and as many as would not say No. But in the Upper House of Parliament when such question is made about Ingrossing if there be no Contradiction the Lords do not deliver their Assent in saying Content or their Dissent in saying Not Content for husbanding the time But if there be any Contradiction it is tried Seriatim by Content or Not Content but neither in the Upper or Lower House the Lord Chancellour or Speaker shall not repeat a Bill or an Amendment but once Ibidem When a Bill is committed to the second reading then if the Committees amend it in any point then they shall write down their amendment in a Paper and shall direct to a Line and between what words the Amendment shall be put in or what words shall be interlined and then all shall be ingrossed in a Bill Ibid. And if a Bill pass in the Commons House and the Lords amend the Bill when it is sent to the Upper House they do as before shew the Line and between what words and after the Amendments are ingrossed with particular References and the Bill with the Amendments are sent again to the House of Commons where they affirm them The amendments are read three times and then they insert them in the body of the Bill and so ê Converso of a Bill which passeth first in the Upper House But Note that in one of these Cases the intire Bill shall not be read again in the
Parliament 24 H. 8. Bastard Br. 23.39 c. 3.32 Note If a man gives Lands to one and his Heirs Males in this Case his Heirs Females shall also inherit and this was also adjudged in Parliament as Thorpe said 18 La. p. 5. Note It was written Tybinry-broke in a Writ of Cosinage and in the Habere facias Visum the Writ was Tybinry without Broke and it was demanded of the King's Council by S. H. Green and Thorpe Justices whether this word may be amended by the Statute of 14 E. 3. c. 6. which enacts that the Justices may amend a Syllable or Letter which is found too little or too much and one of the Council answer'd that it was a needless Question of them whether it may be amended for he said that it may be well amended be it a Syllable or a Letter without which the Word cannot subsist and no difference 40 E. 3.34 And so see the Justices demanded the intent of the makers of the Statute of those that were of the King's Council Note A Fifteenth is granted by Parliament and it is well known by the Exchequer Roll how much every Town in England shall pay at every Quinzim granted Br. 9. 34 H. 8. And if the Tenants pay for their Goods the Lord shall not pay towards the Fifteen out of the Rents of the Lands that they occupy and enjoy 7 H. 4.33 11 H. 4.46 A Town is charged upon a fifteen granted at the sum of 4 l. and one of the Town by the Kings Charter is discharged of the fifteen in the same Town so much as amounts to his part shall be recounted in the said 4 l. and the Town shall be charged of the rest Per Curiam 19 H. 6.63 Note A Bishop has a Mannor within which are Tenements by the Verge by Copy of Court Roll which Copy-holds time out of Mind have been taxed within the same manner to the Wages of the Knights of Parliament and a good Prescription altho the Lord come to Parliament and is charged for his Spiritual Possessions for the Dismes or Tenths among the Clergy Vide Avow Fitzh 260. 8 R. 2. according One is taxed for the Fifteenth in his Land and when he perceived that the Collector was coming to distrain for the 15th that is to say for his part that he was to pay towards the 15th he drove his Cattel out of the same Land before the Collector could take them he cannot pursue by Brian So for damage feasant 19 E. 4.10 otherwise it is for Rent-service 44 E. 3.20 At the time of a 15th granted to the King A. who lives in W. has Corn growing in C. and before the Assessment he reaps and carries it to W. it shall be lyable for the goods in W. and not in C. and in a Replevin the Issue shall be If at the time of the Assessation of the 15th the Corn were remaining in C. or at W. 21 E. 3.42 Note The Fifteenth at this day is levied by Rods of Land most commonly and in some places upon their Goods Quinz Br. 9. 34 H. 8. Note That where the Abby of Saint Edmundsbury was founded by the King's Progenitors and exempted from all Episcopal Jurisdiction so that no Ordinary could Visit there contrary to the Foundation and Ordinance aforesaid upon a difference that was between A. Bishop of Norwich and B. Abbot of Bury concerning that Exemption It was Ordained at a Parliament of William the Conquerour held such a Year by the Arch-bishop of Canterbury and all other Bishops of the Realm and by the Earls and Barons that for the time to come neither the Bishop of Norwich nor any of his Successors should act contrary to the Points of the Exemption and Foundation abovesaid and that he that shall be Bishop shall pay to the King or his Heirs thirty Talents of Gold and for that the Bishop of Norwich that now is has gone contrary to this Ordinance of the King a Contempt was issued against him and the Bishop pleaded Not Guilty and was found Guilty whereupon it was awarded That the Bishop's Temporalities shall be seized into the King's Hands and that the King shall recover the said Sum of Money 21 E. 3.60 Note Those of Ireland are bound by the Statute of England for their Goods if the Statute gives forfeiture of Goods for doing a thing contrary to the Statute but not for Land or any thing touching Land there 2 R. 3. fol. 12. And yet those of Ireland do not send any Lord Knight or Burgess to the Parliament of England for they have a Parliament of their own when the King pleaseth Vide Action upon the Statute Fitzh 1. and 11 H. 6. where Hussey Chief Justice said that the Statutes of England bind those of Ireland which was not much denied by the other Justices at that time altho the Term before some were of a contrary Opinion Vide 20 H. 6.9 That those of Ireland are not bound by the Statutes of England as if Tenths be granted by the Parliament of England those of Ireland are not bound because they are not summoned to the Parliament of England Vide Fitzh Nat. Brevium 22. Error in the Kings-Bench of Ireland reversed in the Kings-Bench of England Assis. Fitzh 328. Vide Dier 360. A Lord of Ireland shall not be tried in England for Treason done in Ireland nor by his Peers not by Jury because he is a Subject of Ireland And England and Ireland have several Seals whereby it appeareth that the Laws of England shall not bind those of Ireland for their Land Dier 303. A man has Goods in England and other Goods in Ireland and dies intestate in England and the Intestate has an Obligation of a Merchant that dwells in Ireland which Obligation was in England when he died and the Son of the Intestate obtains the Administration of the Bishop of Dublin for the Goods there and the Wife of the Intestate of the Goods in England of the Arch-Bishop of Canterbury within his Province the Son releaseth to the Obligor in Ireland and in Debt by the Wife of the Intestate who has the Obligation in her Hand This Release was pleaded and the issue taken was whether the Obligation was in England or in Ireland when the Obligee died Out of which it may be collected that the Arch-Bishop of Canterbury had to do with it and not the Bishop of Dublin Dier 305. Vide p. 16. El. Ro. 436. Lanc. A Writ of Accompt was brought by Steven Pinde by his Guardian assigned by the Court after that he was of the Age of fourteen years and before twenty one years for the profits of Land in Gavelkind received by Giles Frankling Defendant Guardian of the said Pinde Plaintiff before fourteen years and yet the Statute is Cum ad aetatem c. and this is intended one and twenty years Vide 29 E. 3.3 Accompt for Land in Gavelkind after that the Heir came to fifteen years A man has Restitution by Act of Parliament and