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A54636 Miscellanea parliamentaria containing presidents 1. of freedom from arrests, 2. of censures : 1. upon such as have wrote books to the dishonour of the Lords or Commons, or to alter the constitution of the government, 2. upon members for misdemeanours, 3. upon persons not members, for contempts and misdemeanours, 4. for misdemeanours in elections ... : with an appendix containing several instances wherein the kings of England have consulted and advised with their parliaments 1. in marriages, 2. peace and war, 3. leagues ... / by William Petyt of the Inner-Temple, Esq. Petyt, William, 1636-1707. 1680 (1680) Wing P1948; ESTC R15174 115,975 326

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Highness's most Faithful and Obedient Subjects the Lords and Commons in this present Parliament assembled Considering and certainly perceiving by divers means the earnest Good-will and Purpose that our said Sovereign Lord hath to preserve maintain and continue Us his Natural Subjects in this most Fortunate Peace whereunto after many Storms and Tempests of the Wars His Majesty hath by the Goodness of God restored Us Do also notwithstanding his Majesties great Care and politick Means used for the recovery thereof easily perceive how hard it shall be for His Highness to continue and kéep us therein during the time of this troublesom state of Christendom being as it were lamentably cut and torn in pieces and Factions of War except his Highness be restored to a further Estate and Furniture of Treasure meet for the Defence of these His Realms Dominions And Subjects and like to other Princes having such large Realms Dominions and People the lack and want whereof as we know shall chiefly redound to all our Losses and Detriments which must be defended and preserved by the Puissant Power and Might of our Sovereign Lord and Head not by the multitude of our private Riches and Strength at Home So also have We séen of late years plainly before Our Eyes and felt in a great part of Our sorrowful hearts the very Principal Chief and first Causes of this lack during the time of the woful mis-governance of this Noble Realm and other the King's Dominions by the late Protector Duke of Somerset to whom Almighty God grant his Mercy who first of his insatiate ambition contrary to the advices of all Wise and Good Councellors having gotten into his hands the sole Governance of the most Sacred Person of our Sovereign Lord and consequently the Protectorship of all his Highness's Realms and Dominious immediately to lay a fit Foundation for his unhappy and unskilful Government brought the King's Majesty whom he took by pretence to Govern being left by His Highness's Father of most Famous Memory in tender Years but yet in Peace suddenly into open Hostility and Wars against two puissant Realms at once considering neither the Ability to begin nor means to continue them wherein following always his own singularity by stirring and increasing of new Quarrels and Causes of War by unadvised Invasions by desperate Enterprises and Uoyages by sumptuous endless vain Fortifications both in Foreign Realms and in the Seas by bringing into the Realm of costly and great numbers of Strangers Men of War and such other innumerable vain Devices he did not only Exhaust and utterly Waste the King's Majestie 's Treasures and Revenues of His Crown and of Us His Highness's Subjects but also endangered His Majestie 's Credit beyond the Seas with divers strange Merchants by taking up and borrowing great Sums of Money growing from time to time more and more indurable which Gate of Misery being so wide open We all know and the best part of Us felt what a heap of Calamities fell upon all the Realm immediately Yea and to this day what Prests and Memory thereof remaineth not wholly yet filled up First the King's Majesties Treasure of all sorts wasted the great substance of the Moneys melted and altered in base Coyn for the serving of the Charge of these Wars the Laws and ancient Policies of this noble Realm dissolved and unjoyned and by Examples thereof the whole state of Ireland endangered with Factions and Rebellions wherein no small Sums of Treasure were also wasted in Armies and Fortifications part whereof remains unto this day of necessity In the midst of all these miseries by the suffering of the said late Protector rose up a monstrous and dangerous Rebellion of the lewd numbers and baser multitudes against their Heads the withstanding and happy stay whereof although it came through the mercifulness of God by the labour and fortitude of others worthy eternal Praise subduing the headless raging people in sundry parts of the Realm delivering Us the King's Majesties Natural Subjects out of our unnatural Subjection to him that ruled Us with disorder And finally restoring the Royal Person of the King's Highness to the Fréedom of His Princely Estate and consequently to an Honourable Peace with his Enemies Yet could not hitherto the great Breach and Ruine of the King's Majestie 's Estate touching his Treasure be repaired or re-enforced which consequently followed upon the first Foundations broken although in other points of the decay thanked be God the King's Majesties own marvellous Intelligence with the Industry of good Conncellors hath notably supplied and amended the defaults And as these former Errors brought His Majesty into utter wasts of His own Treasure and Riches into the Expences of Our Subsidies granted for the same Wars though nothing answerable to the Expence of the same Finally into notable and immeasurable Charges beyond the Seas Provisions of Money taken up in time of Wars so yet to the increase of this former sore We remember and perceive also that there were very great Charges left by the late King of famous Memory by reason of his Wars to be discharged as well beyond Sea towards strangers as on this side towards his own Subjects which of their nature beyond the Seas for lack of payment did grow excessively besides the late evident great Charge and Loss sustained by the Kings Majesty for the only Profit of His publick Weal in the reducing of part of His Coyn from a notable baseness unto a fine Standard by the which His Majesty lacketh a great private Gain in his Mints being now worth no Revenue at all but rather chargable and the rest of which Coyn we trust He will shortly reduce to like fineness All which things We His Majesties Faithful and natural Loving Subjects weighing with Our selves and considering divers great weighty matters hereupon depending for the preservation of this Ancient Noble and Imperial Crown Albeit We see manifestly before Our Eyes Our Sovereign Lord the Kings Majesty disposed of His good Nature rather daily to diminish the Revenue of His Crown lately angmented by His Father of most famous Memory towards the unburthening of His great intollerable Weights and Charges lying and growing in strangers hands beyond the Seas then to call upon us His natural Subjects and People like as we daily hear and know that all other most Christian Princes do in Causes of less Importance and like His Majesties noble Progenitors have always done in such Cases heretofore Yet for the preservation of Our selves and Our Posterity in this Peace and Wealth whereunto We have by the great Charges of Our Sovereign Lord been blessed brought for the maintenance and upholding of the Crown and Dignity Imperial of this Noble Realm in Honour and Might against all Attempts of Foreign and Ancient Enemies for the Restauration of this decayed House of the Commonwealth having suffer'd violation and ruine by exile of Justice in the former time of the aforesaid evil Governance For the comforting and encouraging of
must without doubt fall upon them But to return back V. Anno 3 Caroli primi Dr. Manwaring was impeached in Parliament by the Commons for preaching and printing several Sermons with a wicked and malicious intention to seduce and misguide the Conscience of the King touching the observation of the Laws and Customs of this Kingdom and the Rights and Liberties of the Subjects thereof and to incense his Royal Displeasure against his Subjects and to scandalize subvert and impeach ●he good Laws and Government of this Realm and the Authority of the High Court of Parliament to alien his Royal Heart from his People and to cause Jealousies Seditions and Divisions in the Kingdom Whereupon he had Judgment 1. To be imprisoned during pleasure of the House of Lords 2. Was fined a 1000 l. to the King 3. To make such submission and acknowledgment of his Offences in writing both there and at the Bar of the Commons House 4. Suspended for the term of 3 years from exercising the Ministry 5. Fo● ever disabled to preach at Court 6. That he should be for ever disabled to have any Ecclesiastical Dignity or Secular Office 7. That his said Books were worthy to be burnt and that for the better effecting of that his Majesty was to be moved to grant a Proclamation to call them in to be burnt in London and both the Vniversities and to prohibit their Reprinting This was the Judgment of the Lords The Doctor made his submission upon his knees first at the Bar of the House of Lords and after on his knees at the Bar of the House of Commons His Submission was this I do here in all sorrow of heart and true repentance acknowledge those many Errors and Indiscretions which I have committed in preaching and publishing those two Sermons of mine I call Religion and Allegiance and my great fault in falling upon this Theam again and handling the same rashly scandalously and unadvisedly in mine own Parish-Church in St. Giles in the Fields the 4th of May last past I do humbly acknowledge those three Sermons of mine to be full of many dangerous passages and inferences and scandalous aspersions in most parts of the same And I do humbly acknowledge the Justice of this Honourable House in that Sentence and Judgment pass'd upon me for my great offence and I do from the bottom of my heart crave pardon of God the King this Honourable House the Church and the Commonwealth in general and those worthy Persons reflected upon by me in particular for these great Errors and Offences Roger Manwaring After all which the Lords ordered the Bishop of London to suspend him according to the Clause expressed in the part of the Judgment against him The Doctor after got a Pardon and was made a Bishop which occasioned great Disturbances in the House of Commons in 4 Car. 1. The Charge and Articles against the Doctor drawn out of his own Books Article I. 1. That his Majesty is not bound to keep and observe the good Laws and Customs of the Realm concerning the Right and Liberty of the Subject to be exempted from all Loans Taxes and other Aids laid upon them without common Consent in Parliament 2. That his Majesties Will and command in imposing any charges upon his Subjects without such consent doth so far bind them in their consciences that they cannot refuse the same without peril of eternal damnation Article II. 1. That these Refusers had offended against the Law of God 2. Against the Supreme Authority 3. By so doing were become guilty of impiety disloyalty rebellion disobedience and liable to many other Taxes Article III. 1. That Authority of Parliament is not necessary for the raising of Aids and Subsidies 2. That the slow proceedings of such Assemblies are not fit to supply the urgent necessity of the State 3. That Parliaments are apt to produce sundry impediments to the just designs of Princes and to give them occasion of displeasure and discontent It was a saying of Themistius in his Consular Oration to Jovinian the Emperor that Some Bishops did not worship God but the Imperial purple This Dr. as I said before after this so solemn a Judgment did in the time of Prorogation between 3 4 Car. 1. get a Pardon and not only so but the Bishoprick of St. Davids which occasioned great debates and disturbances in the Parliament when they reassembled again the power and validity of his Pardon being brought in question and several times argued but the dissolution of the Parliament put an end to the dispute for that time But in the Parliament before the Long Parliament of 1640. the Lords highly resented it as may appear by following proceedings This day was read the Declaration of the House of Commons made tertio Caroli Regis against Dr. Manwaring since Lord Bishop of St. Davids and likewise the Sentence pronounced against him by the Lords Spiritual and Temporal in the High Court of Parliament which is committed to the consideration of the Lords of the Grand Committee for Priviledges and it was moved that what can be alledged on the Lord Bishop of St. Davids part either by Pardon License or otherwise that it may be produced and seen at the sitting of the Lords Committees for theirfull and clear understanding and better expedition in the business Having taken into consideration the business concerning Dr. Manwaring it was ordered that upon Munday next the Records be brought into the House that the House may determine the Cause touching Dr. Manwaring The business appointed this day concerning Dr. Manwaring is referred until to morrow morning viz. 28 Aprilis The Lord Keeper by command from his Majesty was to let their Lordships know that his Majesty had understood that there was some question concerning Doctor Manwaring now Bishop of Saint Davids and that his Majesty had given command that the said Dr. Manwaring shall not come and fit in Parliament nor send any Proxy to the Parliament thereupon it was ordered to be entred so And between that and the next Parl. as I am informed he died VI. Anno 3 Caroli primi Dr. Mountague was complained of in the House of Commons for writing and publishing several Tenents tending to Arminianism and Popery and that he had committed a contempt against the House Heli the Priest who teaching from without Corrupted Faith bound under Laws of might Not feeling God but blowing him about In every shape and likeness but the right We are to desire to conform our selves to former Parliaments this Cause began here 21. Jac. and then it was commended to the Archbishop But after it was so far from cure that another Book of Appeal came out and the Parliament 1 Caroli sent to the Archbishop to know what he had done who said he had given Mountague Admonition and yet he Printed that second Book without his consent and so it was then debated and the
this Answer not giving satisfaction the King was again petitioned unto that he would give a full and satisfactory Answer to their Petition in full Parliament Whereupon the King in Person upon the 7th of June made this 2d Answer My Lords and Gentlemen THe Answer I have already given you was made with so good deliberation and approved by the Judgments of so many wise men that I could not have imagined but that it should have given you full satisfaction but to avoid all ambiguous Interpretations and to shew you there is no doubleness in my meaning I am willing to please you in words as well as in substance read your Petition and you shall have an Answer that I am sure will please you And then causing the Petition to be distinctly read by the Clerk of the Crown the Clerk of the Parliament read the King's Answer thereunto in these words Soit droit fait come est desire §. 4. Several Miscellaneous Presidents and Orders both of the House of Lords and Commons I. A standing Order of the Commons House of Parliament touching Bills delivered to the Speaker UPon Tuesday the 15th of this instant May a Bill being offered to the Speaker of the Commons House of Parliament in his way coming towards the said House he received it and brought it in and being set in his Chair after some time did openly intimate the Head or Title of it purporting a Declaration of Treason practised by a Magistrate of this Land concealing the Name of the Man and the Particulars of the Bill adding that for special Causes he hoped they would not meddle with it or expect it should be read nevertheless the House inclined to have the Bill read but upon the said Speaker's Motion and better Consideration resolved to forbear it for that time expecting the return and reading of it when Mr. Speaker should think meet to give the House satisfaction as he promised shortly to do The next day as was afterwards informed it pleased his Majesty to send for the Bill and in respect it contained matter of personal Treason as was likewise pretended properly and only touching himself his Majesty assumed unto himself the Examination of the matter of the Bill and retained it in his own keeping In all this time the House for the more part expected an Accompt of the said Bill which was this day demanded and urged by sundry Members of this House in which Debate these Questions were handled 1. Whether the House were possessed of the Bill 2. What might be called possession of a Bill 3. Whether it might deal with Treason 4. Examine commit and proceed to Judgment upon Traitors and with what kind of Treason and Traitors 5. And lastly Whether a Speaker receiving a Bill and reading the Title may deliver it to any without special allowance and leave of the House Hereupon it was finally Resolved and Ordered that for this time all Questions should cease touching these matter with this caution and care proceeding from a tender regard of the priviledge of this House that it should be precisely Registred as the Judgment of the House that no Speaker from henceforth should deliver a Bill whereof the House standeth possessed to any whomsoever without allowance and leave as aforesaid but that he had Power and might either shew it or deliver a Copy If it seems meet unto him Who by way of excuse Answered that a Message was delivered unto him by a great Lord from his Majestie commanding him to send the Bill unto him and that he was warranted by former Presidents to shew the Bill to the King when he was Commanded As in the Case of Mr. Morrice Mr. Wentworth 25. Eliz. Many Motions ensued in this matter by Mr. Sollicitor Sir Herbert Crofts Sir Francis Bacon Mr. Brooke Mr. Wiseman Sir William Fleetwood Mr. Crewe Mr. Martin Sir Henery Beaumont Sir Maurice Berkley Sir William Strowd Mr. Yelverton Sir Thomas Hobby Much Exceptions against the Presidents Injurious that any Speaker should deliver a Bill to the King without the privity of the House No Bill whereof the House is possessed to be delivered to the King or any other without notice and leave of the House We loose our priviledge if we loose our Bill Mr. Speaker to pray Access to the King himself and in the name of the House to desire the Bill from his Majestie No possession of a Bill except it be delivered to the Clerk to be Read If the Speaker Read Title in his Chair as he did in this Case a possession Jones the Prisoner to be sent for hither and to attend his discharge from the House That the Prisoners Committed by us cannot be taken from us and Committed by any other An Order moved and Agreed that no Bill whereof the House is clearly possessed be delivered to any before the House have notice and give leave Admitted that a Copy may be delivered or it may be shewed to his Majestie II. Mr. Speaker declared to the House a Message from the King The Message was to this effect That his Majestie having entred into a Princely Consideration of the weight of the great Cause in hand as also of the great worth and sufficiency of those Gentlemen that have Spoken and Dealt in it he was to put them in mind that the Writ of Summons that called them thither was to consult de arduis Regi That every Man did serve for a Town or a Shire that his attendance and service of the House was a great duty and that the departure of any Member of this House was a greater contempt than any Nobleman's departure who served only for himself that therefore he wished and advised that no Lawyer or other Member of Note might depart the House until this great Matter were brought to more ripeness and perfection and if the House would enter into course for the stay of them here or for the recalling of those that be absent his Highness would assist them by his Proclamation or otherwise as they should conceive fittest It was hereupon moved that many have Tryals at the Assizes who by their absence might receive prejudice if some course were not taken to prevent it Propounded that Letters might be writ by Mr. Speaker to the Justices of Assize for stay of Proceedings against any man that would require it which was approved and resolved by the House Mr. Speaker moveth that a time might be appointed for the Calling of the House and a punishment agreed on for the absent Others that the House might first be Called and then a punishment thought on That the House being Called the Serjeant might be sent for those which were found absent That a Law might be thought of to provide for this Mischief hereafter These Motions ended in these three Questions which by direction was made by Mr. Speaker viz. 1. Whether the House
our most Christian King in His blessed and famous Purposes and Proceedings to the establishing both of true Christian Religion in this His Church of England and Ireland and of a Christian Policy in the civil State of the same c. and after they granted the Subsidies It is far from my thoughts to delight in raking into the misfortunes of any much less of great men but in all Ages it hath been allowed to publish the Memoirs of ill men to the intent to deter Posterity from acting and committing such Crimes and Offences which we find were severely punished both by God and Men. And whoever will take the pains to run over the ancient Historians and Records of the Kingdom will find that the Troubles in Richard the 1st's time the Barons Wars the Confusions in E. 2 d's time the woful Distractions in the Reign of R. 2. and H. 6. had their source and rise from one grand Cause the extravigant and insufferable Dominion and Power of Minions or Favourites with their Partisans which K. James rightly calls Pests and Vipers of a Common-wealth who notwithstanding their spetious glosses and pretences of Loyalty to the Crown rather then suffer themselves to be questioned and punished by Law for their Arbitrary and Illegal Acts Resolved to run the hazard of and see the ruine and destruction both of Prince and People My Lord Bacon after he was Sentenced in Parliament meeting with Sir Lionel Cranfield after Earl of Middlesex whom King James had then newly made Lord Treasurer My Lord Bacon having first congratulated his advancement to so Eminent a Place of Honour and Trust told him between jest and earnest That he would recommend to his Lordship and in him to all other great Officers of the Crown one considerable Rule to be carefully observed which was to Remember A Parliament will come I do not believe that his Lordship had the Spirit of Divination But certain it is that two years after in the Parliament 21. and 22. of that King the Commons Impeached the Earl for what and what the Judgement was thereupon hear the Record Messuage sent to the Commons by Mr. Serjeant Crew and Mr. Attorney General viz. That the Lords are now ready to give Judgment against the Lord Treasurer if they with their Speaker will come and demand the same Answered They will attend presently The Lords being all in their Robes the Lord Treasurer was brought to the Bar by the Gentleman Usher and the Serjeant at Arms his Lordship made low obeysance and kneeled until the Lord Keeper willed him to stand up The Commons with their Speaker came and the Serjeant attendant on the Speaker presently put down his Mace The Speaker in their Name to this Effect viz. The Knights Citizens and Burgesses in this Parliament assembled heretofore transmitted unto Your Lordships several Offences against the Right Honourable Lionel Earl of Middlesex Lord High Treasurer of England for Bribery Extortion Oppressions and other grievous Misdemeanours committed by his Lordship And now the Commons by me their Speaker demand Judgment against him for the same The Lord Keeper Answered The High-Court of Parliament doth adjudge 1. That Lionel Earl of Middlesex now Lord Treasurer of England shall lose all his Offices which he holds in this Kingdom and shall be made for ever uncapable of any Office Place or Imployment in the State and Commonwealth 2. And that he shall be Imprisoned in the Tower of London during the Kings pleasure 3. And that he shall pay unto our Sovereign Lord the King the Fine of 50000 l. 4. And that he shall never sit in Parliament more 5. And that he shall never come within the Verge of the Court. Ordered That the Kings Councel draw a Bill and present the same to the House to make the Lands of the Earl of Middlesex liable unto his Debts unto the Fine to the King unto Accompts to the King hereafter and to Restitution to such whom he had wronged as shall be allowed of by the House So that the familiar saying of my Lord Coke is very remarkable That no Subject though never so Potent and Subtile ever confronted or justled with the Law of England but the same Law in the end infallibly broke his Neck THE CASE OF George Ferrers Esq IN the Lent Season whilst the Parliament yet continued one George Ferrers Gent. Servant to the King being elect a Burgess for the Town of Plimouth in the County of Devon in going to the Parliament-house was Arrested in London by a Process out of the Kings-Bench at the Suit of one White for the sum of two hundred Marks or thereabouts wherein he was late aforecondemned as a Surety for the Debt of one Welden of Salisbury which Arrest being signified by Sir Thomas Moyle Kt. then Speaker of the Parliament and to the Knights and Burgesses there order was taken that the Serjeant of the Parliament called S. J. should forthwith repair to the Compter in Breadstreet whither the said Ferrers was carried and there to demand delivery of the Prisoner The Serjeant as he had in charge went to the Compter and declared to the Clerks there what he had in commandment But they and other Officers of the City were so far from obeying the said Commandment as after many stout words they forcibly resisted the said Serjeant whereof ensued a Fray within the Compter-gates between the said Ferrers and the said Officers not without hurt of either part so that the Serjeant was driven to defend himself with his Mace of Armes and had the Crown thereof broken by bearing off a stroke and his Man strucken down During this Brawl the Sheriffs of London called Rowland Hill and H. Suckley came thither to whom the Serjeant complained of this injury and required of them the delivery of the said Burgess as afore but they bearing with their Officers made little account either of his Complaint or of his Message rejecting the same contemptuously with much proud language So as the Serjeant was forced to return without the Prisoner and finding the Speaker and all the Knights and Burgesses set in their places declared unto them the whole Cause as it fell out who took the same in so ill part that They all together of whom there was not a few as well of the Kings Privy-Councel as also of his Privy-Chamber would sit no longer without their Burgess but rose up wholly and repaired to the Vpper House where the whole case was declared by the mouth of the Speaker before Sir T. Audley Kt. then Lord Chancellor of England and all the Lords and Judges there assembled who judging the Contempt to be very great referred the punishment thereof to the Order of the Common House They returning to their places again upon new debate of the Case took order that their Serjeant should eftsoon repair to the Sheriffs of London and require delivery of the
in divers Places assembled and required to lend certain sums of Money unto your Majesty and many of them upon their refusal so to do have had an Oath administred unto them not warrantable by the Laws or Statutes of this Realm and have been constrained to become bound to make appearance and give attendance before your Privy Councel and in other Places and others of them have been therefore imprisoned confined and sundry other ways molested and disquieted and divers other Charges have been laid and levied upon your People in several Counties by Lord Lievtenants Deputy Lieutenants Commissioners for Musters Justices of Peace and others by Command or Direction from your Majesty or your Privy Councel against the Laws and free Customs of the Realm And where also by the Statute called the Great Charter of the Liberties of England it is declared and Enacted That no Freeman may be taken or imprisoned or be disseised of his Freehold or Liberties or his free Customs or be Outlawed or Exiled or in any manner destroyed but by the lawful Judgment of his Peers or by the Law of the Land And in the 28th year of the Reign of K. Edward the III. it was Declared and Enacted by Authority of Parliament That no man of what Estate or Condition that he be should be put out of his Land or Tenements nor taken nor imprisoned nor disinherited nor put to death without being brought to answer by due process of Law Nevertheless against the tenour of the said Statutes and other the good Laws and Statutes of your Realm to that end provided divers of your Subjects have of late been imprisoned without any cause shewed and when for their deliverance they were brought before your Justices by your Majesties Writs of Habeas Corpus there to undergo and receive as the Court shall order and their Keepers commanded to certifie the causes of their detainer no cause was certified but that they were detained by your Majesties special Command signified by the Lords of your Privy Councel and yet were returned back to several Prisons without being charged with any thing to which they might make answer according to the Law And whereas of late great company of Souldiers and Mariners have been dispersed into divers Counties of the Realm and the Inhabitants against their wills have been compelled to receive them into their Houses and there to suffer them to sojourn against the Laws and Customs of this Realm and to the great grievance and vexation of the People And whereas also by Authority of Parliament in the 25th year of the Reign of K. Edward the III. it is Declared and Enacted That no man should be forejudged of Life or Limb against the form of the great Charter and the Law of the Land and by the said great Charter and other the Laws and Statutes of this your Realm no man ought to be adjudged to death but by the Laws established in this your Realm either by the Customs of the same Realm or by Acts of Parliament And whereas no Offendor of what kind soever is exempted from the Proceedings to be used and Punishments to be inflicted by the Laws and Statutes of this your Realm nevertheless of late divers Commissions under your Majesties Great Seal have issued forth by which certain persons have been assigned and appointed Commissioners with Power and Authority to proceed within the Land according to the Justice of the Martial Law against such Souldiers and Mariners or other dissolute persons joyning with them as should commit any Murther Robbery Felony Mutiny or other Outrage or Misdemeanour whatsoever and by such summary Course and Order as is agreeable to Martial Law and as is used in Armies in time of War to proceed to the Tryal and Condemnation of such Offendors and them to cause to be executed and put to death according to the Law Martial By pretext whereof some of your Majesties Subjects have been by some of the said Commissioners put to death when and where if by the Laws and Statutes of the Land they had deserved death by the same Laws and Statutes also they might and by no other ought to have been judged and executed And also sundry grievous Offendors by colour thereof claiming an exemption have escaped the Punishments due to them by the Laws and Statutes of this your Realm by reason that divers of your Officers and Ministers of Justice have unjustly refused or forborn to proceed against such Offendors according to the same Laws and Statutes upon pretence that the said Offendors were punishable only by Martial Law and by Authority of such Commissions as aforesaid which Commissions and all other of like nature are wholly and directly contrary to the said Laws and Statutes of this your Realm They do therefore humbly pray your most Excellent Majesty that no man hereafter be compelled to make or yield any Gift Loan Benevolence Tax or such like Charge without common Consent by Act of Parliament and that none be called to make answer or take such Oath or to give attendance or be confined or otherwise molested or disquieted concerning the same or for refusal thereof and that no Freeman in any such manner as is before mentioned be Imprisoned or Detained And that your Majestie would be pleased to remove the said Souldiers and Mariners and that your People may not be so burthened in time to come And that the foresaid Commissions for proceeding by Martial Law may be revoaked and adnulled And that hereafter no Commissions of like nature may issue forth to any Person or Persons whatsoever to be executed as aforesaid least by colour of them any of your Majesties Subjects be destroyed or put to death contrary to the Laws and Franchises of this Land All which they most Humbly Pray of your most Excellent Majesty as their Rights and Liberties according to the Laws and Statutes of this Realm And that your Maiestie would also vouchsafe to declare that the awards doings and proceedings to the prejudice of your People in any of the premisses shall not be drawn hereafter into Consequence or Example and that your Majesty would be also graciously pleased for the further comfort and safety of your People to declare your Royal Will and Pleasure That in the things aforesaid all your Officers and Ministers shall serve you according to the Laws and Statutes of this Realm as they tender the Honour of your Majesty and the Prosperity of this Kingdom Which Petition being read the 2d of June 1628. the King's Answer was thus delivered unto it THe King willeth that Right be done according to the Laws and Customs of the Realm and that the Statutes be put in due execution that his Subjects may have no cause to complain of any wrong or oppressions contrary to their just Rights and Liberties to the preservation whereof he holds himself in Conscience as well obliged as of his Prerogative But
Pope and in the same manner it was charged the Knights of the Shire and the Commons to assemble in the Chamber depeint to treat conclude and assent amongst them upon the same business and to give their Answer lour assent en dit Parlement 20. In the Parliament 18. E. 3. The King by his Chancellor prayed and charged the Prelates Earls Barons and Commons that they would consider touching the Articles of Truce between the King and France and that they would mettre leid le Conseil give their Aid and Counsel for the Salvation of the Rights and Honour of the King de eux meismes and of themselves 21. Sir Bartholomew Burghurst the Kings Chamberlain declared in Parliament That there was a Treaty of Peace between the King and the French and good hope of a final Accord but the King would not conclude sanz assent des Grantz ses Communs Whereupon the Chamberlain required and demanded on the behalf of the King whether they would assenter accorder to the intended Peace To which the Commons d'unassent d'unaccord Answered that what Issue the King and Grantz should take in the said Treaty should be agreeable to them Upon which Answer the Chamberlain said to the Commons Then you will assent to the Treaty of Peace perpetual if it may be had to which the Commons Answered Entierment unement oil oil yes yes And thereupon it was commanded that Master Michel de Northburgh Gardeyne of the Privy-Seal and Sire John de Swinley Notair Papal should make an Instrument publick thereof 22. Anno 43 E. 3. The Chancellor in his Oration before the King Lords and Commons thus expresseth himself Sires the King in all his great business which concerned himself and his Kingdom de tout temps hath acted and done by the counsel and advice of his Grandz and Commons of his Realm which he hath found in all his Affairs Bons Loyalz good and faithful for which he thanketh them de grant euer volunte and that it was not unknown to them that the King had taken upon him the Claim and Right to the Realm of France per lavis conseil de ses Grantz Communes by the advice and counsel of his great Men and Commons 23. 7 R. 2. The King called a Parliament to consider of a Peace between him his Kingdom Lands Dominions and Subjects ex una parte magnificum principem Robert of Scotland and his Lands Dominions and Subjects of the other part mediante consilio assensu Praelatorum procerum magnatum Communitatis Regni Angliae by the counsel and assent of the Prelates Peers and great Men and Commons of the Kingdom of England I will pass over the rest of the several Authorities in this King's Reign and so of H. 4. except this one 24. In the Parliament 9. H. 4. in that great Record called Indompnitié des Seigneurs Commune● the King by the advice and assent of the Lords willed granted and declared that in that and all future Parliaments it should be lawful for the Lords to debate and commune amongst themselves de Lestate du Roiaume la remedie a ce busoignable of the state of the Kingdom and the necessary Remedies and it should be lawful likewise for the Commons on their part to commune in the same manner 25. Anno 3 H. 5. The Chancellor at the Re-assembly of the Parliament declares the King being present the causes of their calling which was that Peace had been offered him by his adversary of France the which without the assent and good Counsel of the Estates of his Realm he would not conclude And that the King of the Romans desiring Peace and Vnity in the Church Vniversal and also between the Christian Realms was come over hither with Propositions which he had not yet declared to the King but in a short time would shew them Upon the which the King would take the Advice de son tressage Conseil of his most wise Counsel 26. Anno 4 H. 5. The League and Alliance between the King and Sigismund the Emperour and King of the Romans was ratified and confirmed upon due and solemn Treaty thereof by the common consent and assent of all the Archbishops Bishops Dukes Earls Barons toute autres Estates Espiritualz Temporalz and other Estates Spiritual and Temporal and also of the Commons of this Realm in the said Parliament assembled 27. Anno 9. H. 5. A Peace being concluded between Henry King of England and Charles the French King it was mutually agreed that the Articles thereof be ratified and confirmed per tres Status of both Kingdoms which being approved concluded accepted and allowed of by the three Estates in France videlicet Praelator cleri necnon Procerum Nobilium ac etiam civium Burgensium civitatuum villarum Communitatum dicti Regni The Articles was after mature deliberation confirmed per tres Status Regni Angliae vid per Praelatos clerum nobiles magnates necnon Communitates Regni ad Parliamentum apud West qui quantum ad eos singulos eum pertinet obsequituros impleturos promiserunt 28. Anno 9 H. 6. It was ordained by the Lords Spiritual and Temporal and Commons That the Dukes of Bedford and Gloucester and my Lord Cardinal and others of the Kings Bloud and of his Counsel may treat of Peace with the Dauphin of France notwithstanding the Act formerly made to the contrary which was That the King of England H. 5. or the French King should not enter or make any Treaty of Peace or of Accord with Charles the Dauphin without the assent of the three Estates of both Realms 29 Anno 23. H. 6. Whereas by the Articles of Peace made between H. 5. and Charles the 6 th of France it was agreed there should be no Treaty or Accord made with the Dauphin of France without the assent of the three Estates of both Realms which Articles were afterwards Enacted and Authorized here by Parliament It was Enacted by the assent of the Lords and Commons that that Article should be void eryt cassed adnulled and of none Force and none to be impeacht for advising and acting in the said Peace 30. The Archbishop of Canterbury Chancellor of England declared the causes of the Summons of the Parliament the King present and amongst others that between the Ambassadors of King H. and the French King There was an appointment de personali conventione of a personal meeting between the two Kings in partibus transmarinis which if it should happen ut speratur to provide not only for the safe and secure preservation of the person of the King as well in his Conduct ad dict as partes transmarinas as in his being there but also for the safe and sure conservation of the Peace within the Kingdom and other his Dominions during his absence out of the Realm and