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
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
free and meer Will gave a Subsidie in Parliament to Marry the Kings Eldest Sister to Frederick the Emperour 4. Anno 37. at a Parliament then held at London concerning the great Affairs of the Kingdom and Foreign parts Magna Charta was confirmed Rex Magnates Communitas populi being present and by their consent the Grand Excommunication against the Infringers of Magna Charta was denounced 5. Anno 42 H. 3. In the Parliament at Oxford several Ordinances were made for Redress of Grievances A la request de noz haus homes è prodes homes è de Commune de notre Reaume at the request of the high Men the good and honest Men and of the Commons of the Realm 6. Anno 48 H. 3. The Articles of Peace between the King Prince and Prelates Peers and all the Commons of England were generally and unanimously approved of at a Parliament at London De consensu voluntate praecepto Domini Regis necnon Praelatorum Baronum ac etiam Communitatis tunc ibidem praesentium By the unanimous consent will and command of the King of the Prelates Barons and also of the Commons being there present 7. 49 H. 3. The King complains that the Earl of Gloucester and others had circumvented Prince Edward Et ad partem suam proh dolor proditoriae attraxerunt proprii contemptu Sacramenti Against the form of the Kings and Princes Oath of the Prelates great Men Communitatis Regni unanimi assensu voluntate nuper London provis 8. Anno eodem The Knights Citizens and Burgesses were summoned to Parliament in the Utanes of St. Hillary nobiscum cum Praelatis Magnatibus nostris tractaturi Consilium suum impensuri To treat and give their Counsel with the K. Prelates and great Men touching the settling of the disturbed condition and state of the Kingdom 9. Anno 51. H. 3. The King per le Conseil lassentement le Rei de Alemaine de Countes de Barons del Comman de laterre By the counsel and assent of the King of Almain and of the Earls and Barons and of the Commons of the Land pardoned and released the Earl of Gloucester and all his Company c. 10. And the King in the same Parliament per le Conseil lassentement le Rei de Alemaine les Countes de Barons le Commons de laterre By the counsel and assent of the King of Almain and of the Earls Barons and the Commons of the Land pardoned and released the Londoners c. 11. Anno 54 H. 3. The King and Prince having undertaken the Crusado for the Holy-land Quia tamen Praelatis Magnatibus Communitati Regni non videtur expediens neque ratum that they should be both out of the Kingdom istis Temporibus It was agreed the Prince should go and a Subsidie was granted to the Prince by the Parliament 12. Anno 11 E. 1. Lewellin Prince of Wales being in Rebellion the King undertakes the War against him de Consilio Prelatorum procerum magnatum necnon totius Communitatis ejusdem Regni by the Counsel of the Prelates Peers great Men also of the whole Commons of the Kingdom 13. Anno 28. E. 1. The King in his Writ of Summons to Parliament directed to the Sheriff of Cumberland saith volentes cum Prelatis Commitibus Baronibus Magnatibus supradictis cum aliis de Communitate dicti Regni super hoc quibusdam aliis arduis negotiis nos statum Regni tangentibus habere colloquium tractatum c. 14. Anno 35. E. 1. At the great Parliament held at Carlisle the Record saith that Knights Citizens and Burgesses were summoned to the Parliament Ad tractand c. Super ordinatione Stabibilitate terrae Scotiae necnon aliis negotiis dictum Regem statum Regni sui spetialiter tangen being the same Words which were for the great Lords in their Summons 15. Anno 9 E. 2. At the Parliament at Lincoln the King in plein Parlement caused to be declared the causes of the Summons thereof Pro diversis arduis negotiis ipsum statum Regni and especially pro statu terrae suae Scotiae perimimicos suos pro parte occupata supplicans injungens Praelatis proceribus caeteris fidelibus subditis suis ibidem existentibus ut sibi in praemissis consulerint sibi facerent auxilium oportunium which they did An. 16 E. 2. A Marriage being propounded between Prince E. after E. 3. and the Daughter of Charles of Valois The King not when he was under the power and fear of the Barons but after he had vanquished them and had beheaded Thomas Earl of Lancaster his Unkle and was attended and guarded by his two great Minions the Spencers declares in his Letter to Charles thus Recorded De Matrimonio inter Edwardum primogenitum Regis filiam Caroli Comitis de Valois contrahendo AVdivimus super eisdem deliberationem hujusmodi cum aliquibus de nostro Consilio tractatum-Verum quia tam nobis quam illis visum est non esse expediens neque decens quod contractus hujusmodi absque Praelatori Magnatum Regni nostrim Consilio assensu in Parliamento requirend firmaretur vestrae sinceritati duximus intimand quod cito post festum Sancti Mich. prox ventur Parliamentum nostrum proponimus convocare tunc de Commum Consilio super dicto negotio ordinare curabimus quod vobis placitum nobisque Regno nostro utile fore videbimus decorum dat apud Thorp juxta Ebor. 6. die Junii And King Edward further writes to Charles King of France and Navar about that Marriage Set super eodem in prox Parliamento nostro quod statim post festum Sancti Mich. prox futuri tenere proponimus deliberationem tractatum pleniorem habere intendimus tunc inde taliter ordinare quod inde debebetis merito contentari Dat c. 16. Anno 13. E. 3. licet nuper de Consilio assensu Praelatorum procerum Communitatis Regni nostri nostrum assumentes passagium ultra mare c. 17. Anno 14 E. 3. It was proposed to the Grauntz autres des Communes in Parliament to treat and ordain touching the War then with France the keeping of the Peace of the Land and the marches of Scotland and of the Sea 18. Anno 17 E. 3. It was propounded in plein Parlement that the War was attempted and begun by the common consent des Prelatz Grantz Communes and that the King would not treat of Peace without their assent and thereupon it was commanded to the Prelates and Grantz to assemble themselves in the Chamber Blanch to treat conclude and assent amongst themselves whether the King should send Ambassies to Rome to shew and propose his Title to France before the
any one negative Voice that he should be committed to Prison And upon another Question likewise Resolved and Ordered that he should be committed to the Prison of the Tower as the Prison usual for Offenders to be committed unto by this House And upon another Question it was in like manner Resolved and Ordered that he should remain in the said Prison of the Tower by the space of 6 months and so much longer as until himself should willingly make a particular Revocation or Retraction under his Hand in writing of the said Errors and Slanders contained in the said Book to the satisfaction of this House or of such Order as this House shall take for the same during the continuance of this present Session of Parliament And upon another Question it was also in like manner Resolved and Ordered that a Fine should be assessed by this House to the Queens Majesties use upon the said Arthur Hall for his said Offence And upon another Question it was Resolved and Ordered in like manner that the said Fine should be 500 Marks And upon another like Question it was likewise Resolved and Ordered that the said Arthur Hall should presently be removed severed and cut off from being any longer a Member of this House during the continuance of this present Parliament and that the Speaker by Authority from this House should direct a Warrant from this House to the Clerk of the Crown-Office in the Chancery for the awarding of the Queens Majesties Writ to the Sheriff of the said County of Lincoln for a new Burgess to be returned into this present Parliament for the said Burrough of Grantham in the lieu and stead of the said Arthur Hall so as before disabled any longer to be a Member of this House And upon another Question it was also in like manner Resolved and Ordered that the said Book or Libel was and should be holden deemed and taken and adjudged to be for so much as doth concern the Errors aforesaid condemned Which done the said Arthur Hall was brought in again to the Bar unto whom the Speaker in the Name of the whole House pronounced the said Judgement in form aforesaid and so the Serjeant commanded to take charge of him and convey him to the said Prison of the Tower and to deliver him to the Lievtenant of the Tower by Warrant from this House to be directed and signed by the said Speaker for that purpose Whereas by a former Order of this House Arthur Hall Esq was committed Prisoner to the Tower of London there to remain by the space of 6 months and so much longer as until himself should willingly make a general Revocation or Retractation under his Hand in writing of certain Errors and Slanders contained in a certain Book set forth in Print and published in part greatly tending to the slander and reproach of Sir Robert Bell Kt. deceased late Speaker of this present Parliament and of sundry other particular Members of this House and also of the Power Antiquity and Authority of this House to the satisfaction of this House or of such Order as this House should take for the same during the continuance of this present Session of Parliament as by the same Order made and set down by this House upon Tuesday being the 14th day of February foregoing in this present Session of Parliament more at large doth and may appear And where also the said Arthur Hall hath ever since the said Order taken remained in the said Prison of the Tower and yet still doth and hath not at all made any Revocation or Retraction of the said Slanders Errors and Vntruths to the satisfaction of the said House according to the said Order It is now therefore Ordered and Resolved by this House that the further allowance of such Revocation or Retractation to be hereafter made as aforesaid shall be referred unto the Right Honourable Sir Francis Knolls Knt. one of her Majesties most Honourable Privy Councel and Treasurer of her Highness's most Honourable Household Sir James Croft Knt. one other of her Majesties most Honourable Privy Councel and Comptroller of her Majesties said most Honourable Houshold Sir Christopher Hatton Knt. one other of her Highness's said most Honourable Privy Councel and Vice-Chamberlain to her Majesty Sir Francis Walsingham Knt. and Thomas Wilson Esq her Highness's two principal Secretaries Sir Walter Mildmay Knt. one of her Highness ' said most Honourable Privy Councel and Chancellor of her Highness's Court of Exchequer and Sir Ralph Sadler Knt. one other of her Highness said most Honourable Privy Councel and Chancellor of her Highness's Dutchy of Lancaster being all Members of this House or unto any three of them to be by them or any three of them further Declared and Reported over unto this House in the next Session of Parliament to be holden after the end of this said Session accordingly The 3d. Case of Arthur Hall Esq ON Saturday the 12th day of December notice being given to the House of one Mr. Hall a Member of the same that had not attended all this Parliament it was Ordered that the Serjeant should give him warning to attend upon Munday next The Business of Mr. Arthur Hall of which the House had been informed upon their first Meeting this Morning was before the rising of the House referred to Mr. Wolley Mr. Crumwel Mr. Diggs and Mr. Sands to peruse the Order touching the same against Munday next being the day appointed by the House for the said Mr. Hall to appear before them The 4th Case touching Arthur Hall Esq ON Munday the 21. day of November to which day the Parliament had been on Friday the 18th day of the said Month foregoing last adjourned Mr. Markham a Burgess for the Burrough of Grantham in the County of Lincoln shewed on the behalf of the Inhabitants of the said Burrough That Mr. Arthur Hall having been in some former Parliaments returned a Burgess for the said Burrough and in some of the said Parliaments for certain Causes the House then moving disabled for ever afterwards to be any Member of this House at all hath of late brought a Writ against the Inhabitants of the said Burrough for his Wages amongst other times in attendance at the late Session of Parliament holden at Westminster in the 27th year of her Highness's Reign during which time as also a great part of some other of the said former Parliaments he did not serve in the said House but was for some Causes as aforesaid disabled to be any Member of this House and was also then committed Prisoner to the Tower of London and so prayeth the Advice and Order of this honourable House therein unto the Censure and Order whereof the said Inhabitants do in most humble and dutiful wise submit themselves and so shewed the said Writ which was then read by the Clerk after the reading whereof and some Speeches had touching the
Member of this House 12 Jac. a Servant of Justice Whitlock's was Arrested by one Lock and Moon who were enjoyned to ride both on Horse-back with their faces to the Horses tails And Mr. Hackwell said he himself self saw the execution of it in Cheapside 3 Jacobi the Baron of Walton's Sollicitor being his Servant was Arrested he claimed the priviledge and the party that caused the Arrest was Fined and it was left to the Speaker to moderate the Fine 18 Jacobi certain Constables of York for Misdemeanors were sent for up and one was acquitted and had 5 l. given him for his charges At the last Parliament Sir George Hastings Kt. was elected Knight of Leicestershire and was Arrested by the Sheriff at his Election and complained here and his Witnesses were ordered to have their costs paid them Ordered that Thompson and Henlow pay the charges of Witnesses brought up about the proof of the said Election and that they shall not be discharged from the Serjeant till they pay their Fees and four Gentlemen of the House are to moderate and set down the charges in certain And it is ordered that they shall be committed to the Serjeant till they make their submission at the Bar and acknowledge their faults on their knees and read a submission As for the submission to be made at York it was through great favour remitted by the House To all which I shall add the ensuing President Lunae 4 Junii 19 Jacobi 7. The Commons House of Parliament hath this day adjudged Randolph Davenport Esq for his offence in mis-informing the same House in a Cause wherein he was produced as a Witness to be committed prisoner to the Tower for the space of one whole month and then to be discharged paying his Fees These are therefore in the behalf of the said House of Commons to require and charge you to receive the said Randolph Davenport into your custody within the Prison of the Tower under your charge and him therein safely to detain and keep for the space of one whole month and then to discharge him paying his Fees and this shall be your Warrant in this behalf Given under my hand this 4th of June 1621. To Sir Allen Apsley Knight Lieutenant of the Tower An Act to secure the Debt of Simpson and others and save harmless the Warden of the Fleet in Sir Thomas Shirley's Case Soit baile aux Seigniours A cest Bille ov Esq les Amendments annexes les Seigniours ont assentus HUmbly pray the Commons of this present Parliament That whereas Thomas Shirley Kt. which came by your Highness's Commandment to this your present Parliament being elected and returned a Burgess for the Burrough of Steyning in your Highness's County of Sussex was upon the 15th day of March last past arrested by the Sheriffs of London at the Suit of one Giles Simpson first upon an Action of Debt and afterwards laid and detained in Execution upon a Recognizance of the nature of the Statute Staple of 3000 l. in the Prison commonly called the Compter in the Poultrey in London at the Suit of the said Simpson and from thence by Habeas Corpus was removed to your Majesties Prison of the Fleet where for a time he was detained in Execution as well upon the said Recognizance as to answer to two Actions of Debt one of 2000 l. at the Suit of William Beecher the other of 3000 l. also at his Suit and to answer one other Action of Debt of 300 l. at the Suit of one John King contrary to the Liberties Priviledges and Freedom accustomed and due to the Commons of your Highness's Parliament who have ever used to enjoy the freedom in coming and returning from the Parliament and sitting there without restraint and molestation and it concerneth your Commons greatly to have this Freedom and Priviledge inviolably observed Yet to the end that no Person be prejudiced or damnified hereby May it please your Highness by the Assent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by the Authority of the same it may be Ordained and Enacted That the said Sheriffs of London the now Warden of the Fleet and all others that have had the said Thomas in Custody since the said first Arrest their Executors or Administrators or any of them may not nor shall in any wise be hurt endamaged or grieved because of dismissing at large of the said Thomas Shirley saving always to the said Giles Simpson and other the Persons aforesaid at whose Suit the said Thomas is detained in Prison his their and every of their Executions and Suits at all time and times after the end of this present Session of Parliament to be taken out and prosecuted as if the said Thomas had never been arrested or taken in Execution and as if such Actions had never been brought or sued against him saving also to your Majesties said Commons called now to this your Parliament and their Successors their whole Liberties Franchises and Priviledges in all ample manner and form as your Highness's said Commons at any time before this day have had used and enjoyed and ought to have use and enjoy this present Act and Petition in any wise notwithstanding Soit fait come est desire The Petition exhibited to his Majesty by the Lords Spiritual and Temporal in this present Parliament assembled concerning divers Rights and Liberties of the Subjects with the Kings Majesties Royal Answer thereunto in full Parliament To the Kings most Excellent Majesty HUmbly shew unto our Sovereign Lord the King the Lords Spiritual and Temporal and Commons in Parliament assembled That whereas it is Declared and Enacted by a Statute made in the time of the Reign of K. Edward the I commonly called Statutum de Tallagio non concedendo That no Tallage or Aid shall be laid or levied by the King or his Heirs in this Realm without the good will and assent of the Archbishops Bishops Earls Barons Knights Burgesses and other the Free-men of the Commonalty of this Realm And by Authority of Parliament holden in the 25. year of the Reign of K. Edward the III. it is Declared and Enacted That from thenceforth no person should be compelled to make any Loans to the King against his will because such Loans were against Reason and the Franchise of the Land And by other Laws of this Realm it is provided That none should be charged by any Charge or Imposition called a Benevolence nor by such like Charge by which the Statutes before-mentioned and other the good Laws and Statutes of this Realm your Subjects have inherited this freedom That they should not be compelled to contribute to any Tax Tallage Aid or other like Charge not set by common consent in Parliament Yet nevertheless of late divers Commissions directed to sundry Commissioners in several Counties with Instructions have issued by means whereof your People have been
shall be Called 2. Whether the Serjeant shall be sent for such as are absent having no reasonable excuse 3. Whether the House shall be Called on Monday come seven-night in the afternoon Which were all resolved in the Affirmative with this further direction that the absent were to be sent for by the Order of the House and by Warrant under Mr. Speaker's hand And upon the whole matter a Special order conceived The Copy whereof was sent to sundry Members that were absent that they might be more sensible of the reason and necessity of their Attendance The form of the Order was THis day Mr. Speaker delivered a Message from His Majestie importing a Consideration of the weight of the great cause in hand of the study and travel that hath been taken in the understanding and furtherance of some good Success therein by sundry Members of the House and of the duty and necessity of the attendance of every Member Representing in his Voice and Person a Shire City or at least a Town the special use and service of the Lawyers of the House the great contempt in departure together with his Highnes's gracious Offer of his Royal power and Assistance to be added to the Authority of the House for the recalling or punishing of any Member Deliuquent in this behalf Whereupon the House entered into dispute and deliberation what course were fittest to be taken as well for the continuing of such Members as are here already Assembled as for the return and attendance of those absent to partake of and assist in the great service in hand And after many courses and new devises of Order propounded to the House It was at last Resolved upon three several Questions First that the House should be called Secondly that upon the calling such as were found to be absent and had no just cause of Excuse should with the privity and direction of the House by Warrant under the hand of Mr. Speaker And by the Serjeant at Arms Attendant upon the House or by his Deputy be immediatly sent for and answer Fees and Entries to the Officers as in Case of breach of Priviledge or other Contempts to the House Thirdly and Lastly That upon Munday next come Sevenight in the afternoon of that day the House shall be called Mr. Hide the last day immediatly upon the Kings Message Pleading certain businesses of his Clyents and other his private occasions of profit and necessity as he pretended made known to the House that he would go out of Town and so took his leave in open audience without the Assent or Leave of the House which was taxed And Mr. Speaker warranted to Write unto him which he did in this Form The Form of the Speaker's Letter to Mr. Hide AFter my very hearty Commendations sithence your departure hence there hath been Complaints made to the House that you have gone without Leave and Contrary to His Majesties pleasure signifyed and the express Order of the House This bred great dispute and it was in a manner Resolved that you should be presently sent for by the Serjeant as being conceived to be a president of ill example and contempt other Mens Cases Considered with yours which led me to interpose this motion to the House That if you came not before Munday next the day appointed for calling of the House you might then be proceeded withal as the Case did require And my self offering to Write to you for that purpose they desisted and left it to my care Nevertheless for many Important reasons wherewith I will acquaint you at your coming I do advise you as also require you from the House that you forthwith repair hither and attend the service in hand which is now in the greatest heat and hast of proceeding And so I commit you to God Directed To my very Loving Friend Laurence Hide Esq It was also moved and resolved That Mr. Speaker should Write another Letter to other Lawyers being gone down in the same Circuit where Mr. Laurence Hide was viz. Mr. John Moore Mr. Giles Tooker Mr. Edward Digs and Mr. Nicholas Hide which also he did to this Effect The form of the Letter AFter my very hearty Commendations sithence your departure hence there hath been complaint made as well of your absence as of many others which hath moved the House to press some speedy course for your return and thereupon have commanded me forthwith to write unto you that you make your repair hither without excuse or delay which I would advise you to do to prevent further question or danger such as I would be loth you should undergo as now the case stands And so I commend you to the protection of the Almighty To my Loving Friends Mr. Giles Tooker Mr. John Moor Mr. Edward Diggs and Nicholas Hide Esqs Members of the Commons House of Parliament III. It is this day Ordered that a Committee of the whole House shall this afternoon consider of a fit and satisfactory Answer of the Kings Majesties Letter sent this day to this House and also that they shall take into their Consideration such Misinformations as are suspected to have been given to his Majesty concerning the Proceedings of this House this Parliament and of all the Circumstances belonging to the same IV. Sir Robert Phillips makes Report of two Informations brought the one against Dr. Lamley Chancellor to the Bishop of Peterburrough the other against Dr. Cradock a Divine and Chancellor to the Bishop of Durham Dr. Lamley is accused for extorting of unlawful Fees in Probate of Wills c. 2. For vexing of men with impertinent trivial and idle Causes wherein men are forced to consume their time and spend their Estates As for receiving Money on Holidays he makes them pay 40 s. and upwards for a Discharge the like of opening half a Shop-window it cost another that came to Church on Christmas-day with a foul Band 54 s. and for ommitting of Penance one Bushell paid 100 Marks and desired it might be imployed to Charity he said Charity began at home One having no Sermon in his own Parish went to a Parish where there was a Sermon for this he was put to the Oath ex Officio and paid 33 s. V. As for Dr. Cradock Chancellor of Durham I must consider him in three Capacities and apply the faults unto them severally First He is Chancellor to the Bishop Secondly He is a high-Commissioner Thirdly He is a Justice of Peace 1. As Chancellor there are two Charges of misgoverning himself In refusing probate of Testaments and granting Excommunications before Citations He takes Bribes on both sides 2. As a high-Commissioner of the Quorum and so a principal man sending out his Process for Recusants he took of one Collyer 20 l. for not appearing of another 10 l. to shuffle up a clandestine Marriage c. Lastly As a Justice of Peace he took 100 l. for the
Say and his Son both here and at Banbury And it was then also Ordered by their Lordships that the Lord Keeper should move his Majesty for the House of Parliament to apprehend the said Reynde with a promise of reward unto him that that shall take him And it was then also Ordered that the Kings principal Secretary shall Write unto his Majesties Agent in the Low Countries that he signifie this censure of the Lords unto all the Colonels and Captains there and that his His Majesties pleasure is they give no entertainment to the said Reynde And the Court of Star-Chamber is to put this sentence in Execution against the said Reynde if he shall happen to be apprehended after this Session is ended and out of time of Parliament The Lord Say who withdrew himself when the Lords gave this Sentence gave their Lordships Humble thanks for the sense they had of his Honour and their Noble zeal they had in preserving of it Ordered the Court of Star-Chamber to put in Execution the Sentence against Reynde XV. Whereas George Gardiner did lately stand in the Pillory by the Censure of the House for counterfeiting of Protections and selling them it was now informed that he did not only in scorn thereof say that he would stand in all the Pillories in England for 2 s. per diem but also gave out threatning Speeches against the Lord Keeper wherefore he was this day brought to the Bar and the Speeches proved against him It was Ordered That he should stand in the Pillory here at Westminster with a Paper on his Head declaring his Offence for scandalizing the Justice of this House and unjustly slandering the Lord Keeper and to ride backward with the same Paper to the Cross in Cheapside and to stand in the Pillory there and to ride back to the Fleet in like manner And whereas George Buttrice and this George Gardiner Buttrice also having bought a counterfeit Protection have commenced Suits against one Henry Lane who first informed the Earl of Huntingdon thereof whose Protections were counterfeited and sold the said Suits not being for just Debt but for meer vexation as in the Petition of the said Henry Lane is contained It is Ordered the said Gardiner and Buttrice to stay all Suits against the said Lane for the Causes in the said Petition contained XVI Sir Walter Earl Reports from the Committee about the Deduty-Lieutenants Sir William Welby a Deputy Lieutenant for Lincolnshire is complained of that he sent a Warrant as a Deputy Lieutenant to commit two Persons to Gaol for refusing to pay certain Taxes for military Affairs Also one Mr. Norwood complains that it is the usual course of the said Sir William Welby to raise great sums in the Countrey in military Affairs but it is for the Charges of himself and others at Musters Also he having two Sons Captains in the Countrey he orders that every Souldier pay their Captain 6 d. a day every time they muster and though these Causes were complained of the last Parliament yet he doth not desist The Warrant was read For that I. S. refuseth to pay certain sums of Money for military Affairs These are by vertue of our Deputy Lieutenancy to require you to bring the Body of I. S. c. before me or some other Deputy Lieutenant I send you herewithal the Body of I. S. for that he denieth to pay military Charges and also denieth to enter Bond to appear at the next Assizes for his said refusal It was Ordered that he be sent for by the Serjeant and brought to the House Saturday the 10th of May Sir William Welby was called in to answer There was a Question whether he should come in a Delinquent and kneel or no and it was Ordered that he should not kneel only be asked by the Speaker about the Warrants exhibited touching the levying of Money for military Affairs He said he could not deny them but said he never imprisoned any but those two Palmer and Sparks and he said that upon the meeting of Musters he used to have his Charges born by the County and so it was ever used in that Countrey for 40 years and as for 6 d. a piece that is paid by every Souldier of the trained Bands unto the Captains of the Bands who are his Sons he said that it was ever used to be done but he never compelled any And as to the rate of 1 d. an Acre he said it was by vertue of an Order made at the Sessions in the Countrey and that he knew there was a Complaint of it the last Parliament After he went forth he was called in again and told that the House was not satisfied with his Answer and that it was the pleasure of the House that he should attend the Committee from day to day and this House also whensoever he should be required XVII A Complaint was made against the Mayor of Chichester by one Mr. Higgons who complained that a Lieutenant with four Souldiers came to his House and surprized him in his Study and he sent for the Mayor to see the Kings Peace kept and the Mayor contrary to his duty sent no aid and at a Sessions to enquire of a Ryot the Bench and the Hall was full of Captains and Souldiers so as he withdrew himself and they Indicted him for Assaulting a Souldier and it was found Cox also complained against the Mayor there who sent a Serjeant to them to demand Twenty Shillings by way of Loan which being refused six Souldiers were sent to his House so he was forced to lend the Money It was proved the Money was Paid and Enforced But it did not clearly appear that the Mayor enforced it but there were Presumptions the Captains and six Souldiers came from the Mayors House So there being no proof against the Mayor the Committee Ordered that the Mayor be dismissed till the Pleasure of the House be further known A Collection of some few Records and Presidents out of many others of the like nature Whereby it appears that the Kings of England were pleased to Consult and Advise with their Parliaments de Arduis negotiis Regni of the weighty and difficult business of the Kingdom 1. ANno 16. Johannis Before the granting and confirming of Magna Charta in his time the Prelates Earls Barons great Men and the Citizens and Burgesses were at a Parliament at London to give consilium auxilium Counsel and Aid for the Honour of the King being then personally in France in War with the French King their own and the safety of the whole Kingdom 2. Anno 29. H. 3. The King summoned a Parliament touching the Marriage of his Daughter where the Magnates Communitates Regni the great Men and Commons of the Realm spontanea mera voluntate granted a Subsidy to the King 3. Anno 32 H. 3. The great Men and Commons of their