ê‘ bouche devant nostre dit Seignior le Roy en plein Parlement st feust entrée en Rolle de Parlement de mot a mot en null autre maniere ê‘ ascun voie que le request lour estoit octroiez de quel Cedule issint leverée le tenure sensuit de mot a mot 38. Anno 28 E. 1. A Truce being concluded between the English and French by King Edward's Ambassadors who therein had dishonourably agreed to include the Scots the Ambassadors at the ensuing Parliament were sharply rebuked and corrected not only by the King himself the Prelates and Nobles but by the Commons But to take away exceptions let the Record speak Treugae initae inter Angliae Franciae Reges per eorum procuratores Nuncios Anno gratiae 1031. pro quibus dicti Nuncii Regis Angliae Reprehensi fuerunt non solum per ipsum Regem Praelatos Nobiles sed etiam Communitatem Regni praedicti pro eo quod promiserunt Regem Gentes Scotiae includi in Treugis ex parte Francorum Regis ex parte confederationis prius initae inter Francorum Scotorum Reges praedictos 39. Anno 12 E. 2 A War being between England and France the Pope sent two Cardinals to conclude a Truce between the two Crowns Whereupon King Edward declares Nos pro eo quod Praelatis Proceribus ac Magnatibus Regni nostri necnon Confederatis nostris quorum interest inconsultis dicte Treugae tunc assentire non poteramus Parliamentum nostrum apud westmonast in Crastino purificationis beate Mariae Virginis ultimo preterito mandaverimus convocari ut tam ipsorum Praelatorum Procerum ac Communitatum dicti Regni nostri quam Confederatorum nostrorum praedictorum habere possemus de liberationem quid agendum foret consultius in hac parte c. And afterwards the Record says Nos habita in dicto Parliamento cum Praelatis Proceribus ac Communitatibus Regni nostri praedictis necnon cum Nunciis ad nos de dictis confederatis nostris accedentibus super hiis deliberatione pleniori licet consideratis qualitate temporis jam currentis facti circumstantiis nobis ipsis visum fuerit periculosum fore multipliciter dampnosum aliquam cessationem seu dilationem ulterius concedere c. Had we had left us the Parliament Rolls of H. 3. E. 1. E 2. and some in E. 3. which are destroyed or lost Truth to which all owe a submission would have more plainly appear'd A QUERE touching the Parliament of Scotland WHat the Constituent parts of the Commune Consilium or Parliament of Scotland was in the time of our King E. 1. near 400 years since and why not the same before is amongst other Authorities proved as I conceive by a grand Record in the Tower of London which declares that the League between the Scotch and French was ratified and confirmed Inter ipsum Francorum Regem em una parte dictum Dominum Johannem de Balliolo ac Prealatos Nobiles ac Universitates Communitates Civitatum Villarum dicti Regni Scotiae pro ipsis eorum Haeredibus Successoribus ex altera Et etiam ad includendum dictum Dominum Johannem caeteros omnes terrae Scotiae predictos in Treugis inter dictos Angliae Franciae Reges initis proipsis eorum Heredibus subditis confederatis ad fines infrascriptos A Query may arise from this Record If the Tenants in capite only compounded and made the Parliament of that Kingdom in former Ages as some hold The Query is this Whether all Prelates Noblemen Universities and Communities of Cities and Towns of Scotland held of the Scotish King in capite Tempore E. 1. For if they held of any other or of him otherwise then in capite How could the Tenants in capite be the only Members of the Parliament according to the exact Enumeration of the constituent Parts mentioned and set down in this great Record which tells us that the League was made 1. On the one part between the King of France 2. On the other part between 1. John Balliol who was then King 2. The Prelates 3. The Nobles 4. The Universities and Communities of the Cities and Towns of the Kingdom of Scotland 5. And that for themselves 6. And for their Heirs and Successors The late proceedings touching Ship-money declared unlawful and all Records and Process concerning the same made void WHereas divers Writs of late time issued under the Oreat Seal of England commonly called Ship-writs for the charging of the Port-Towns Cities Boroughs and Counties of this Realm respectively to provide and furnish certain Ships for His Majesties Service And whereas upon the Execution of the same Writs and returns of Certioraries thereupon made and the sending of the same by Mittimus into the Court of Exchequer Process hath been thence made against sundry Persons pretended to be charged by way of Contribution for the making up of certain Sums assessed for the providing of the said Ships And in especial in Easter-Term in the thirteenth Year of the Reign of our Sovereign Lord the King that now is a Writ of Scire facias was awarded out of the Court of Exchequer to the then Sheriff of Buckinghamshire against John Hampden Esq to appear and shew cause why he would not be charged with a certain Sum so assessed upon him Upon whose Appearance and demurer to the Proceedings therein the Barons of the Exchequer adjourned the same Case in the Exchequer-Chamber where it was solemnly argued divers days and at length it was there agréed by the greater part of all Justices of the Courts of Kings-Bench and Common-Pleas and of the Barons of the Exchequer there assembled that the said John Hampden should be charged with the said Sum so aforesaid assessed on him The main grounds and reasons of the said Justices and Barons so agreed being That when the good and safety of the Kingdom in general is concern'd and the whole Kingdom in danger then the King might by writ under the Great Seal of England command all the Subjects of this his Kingdom at their charge to provide and furnish such manner of Ships with Men Victuals and Munition and for such time as the King should think fit for the defence and safe-guard of the Kingdom from such Danger and Peril and that by Law the King might compel the doing thereof in case of refusal or refractoriness and that the King is the sole Judge both of the Danger and when and how the same is to be prevented and avoided According to which grounds and reasons all the Justices of Kings-bench and Common-Pleas and the said Barons of the Exchequer having been formerly consulted with by His Majesties Command had set their hands to an extrajudicial Opinion expressed to the same purpose which Opinion with their Names thereunto was also by His
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
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
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
one Court day to another from Northampton to Rowell 10 miles off to the great hindrance of his Master and at length they enjoyned him to pay 3 s. 8 d. which for fear of Excommunication he was forced to borrow and so to pay them And she was threatned by the Chancellor that he would make her keep her Brother's Parish Church when she came to the Town 4. And because Mr. Martin and divers other Townsmen refused to give him their Voices to be one of the Burgesses of Parliament for Northampton which he would fain have obtained both by fair means and threatnings he presently cited many to the Court and there troubled them And amongst the rest the said Mr. Martin having about 3 years past by the Consent of the Minister Churchwardens and Parishioners built a Seat in the Church for his Children and Servants for their better hearing of Divine Service and Sermons was cited before him about the said Seat and the Chancellor took it away from him most unjustly having cost him 3 l. building of it and gave it to 3 of the stubbornest Fellows in the Town all opposers to Authority and one of them for his vicious life bound over to the Sessions and put out of the Common-Counsel of the Town for the same and since presented into the Spiritual Court for Incontinency with 2 Women and yet Mr. Middleton one of the Surrogates graced him publickly in that Court and said he was thrust out of the Common-Councel for his honesty Thomas Martin 15 May 19 Jac. Whereas divers Complaints have been made against John Lamb Doctor in the Civil Laws Chancellor to the Bishop of Peterborough for divers Extortions Oppressions and Misdemeanours by him and his under Officers committed in the execution of the said Office in the said Diocess and elsewhere And whereas also it is informed that you whose Names are hereafter set down can testifie mutually against the said John Lamb These are therefore by the direction and on the behalf of the said House of Commons to require you and every of you that you make your personal appearance at the said House of Commons the 29th day of this instant Month of May to testifie your knowledge in the premisses Thereof I require you not to fail as you will answer the contrary at your perils Given under my Hand this 15th day of May 1621. And it was further Ordered that Robert Sibthorp and Richard Stockwell should be sent for as Delinquents X. Mr. Glandvile reports from the Committee of Priviledges the Election of Monmouth and by an Order from the Committee Monmouth was heard yesterday And they received this morning a Petition that Mr. Walter Steward was returned and that they think his Election not good They object against him because a Scotchman and not Naturalized He forbore to come into the House till he had leave The Case of one Lennis Monck a Denizen returned and sate here and so Sir Horace Palavicino The Committee delivered no opinion in it Two Orders and two Petitions delivered in to have these heard in order as they come in Resolved that those which are already in shall be proceeded in in order as the Petitions were delivered Mr. Glandvile thinks Mr. Steward ought not to sit here because at the time of his Election he was uncapable of it he that is made a Denizen is not as an Englishman That but only personal Sir Dudley Diggs in that Parliament when Bacon Attorney was in question whether he ought to sit here or no Over-ruled he ought not yet in favour of him he was suffered to sit here and an express Order that never any other Attorney after should To do the like by this Gentleman Sir Edward Cook No Alien Denizated ought to sit here Tros Tiriusque mihi nullo discrimine habetur the other passed sub silentio Some sit here that are under age and ought not to sit here because not questioned Resolved that Mr. Steward hath dealt very worthily in forbearing to come and sit in this House Mr. Glandvile goes on with his Report Resolved upon Question the Election of Mr. Walter Steward being no natural born Subject is void and a Warrant to go for a new Writ for Monmouth XI Sir Robert Phillips reports from the Committee for Courts of Justice 3 Heads First The Petition of the Lady Darcy in it is a Recital of her Husband 's dying seised of the Mannor of Sutton in Surrey with the Advowson a Grant was made to her and another by the Court of Wards of the Body and Estate of her Son 1 Aug. 21 Jacobi the Incumbent died so she presented her Clerk to the Bishop so the Lord Keeper 3 Septemb. presented Doctor Grant the King's Chaplain She was advised to seek her ordinary Course by a Quare impedit which was denied by the Cursitor who said the Lord Keeper gave directions for it to be sued to the King desires of this Assembly to have relief this Petition was retained by the Committees Parties on both sides appeared and Councel It came into question whether an original Writ might be stayed the Lawyers vouched some Presidents for it in Chancery the Committee concluded these were not proper in the Cause and not to be followed desires an Accommodation of this Business between the Lady and the Doctor they gave a time for yet they are clearly of opinion that the Lady had lost her Right and to the Heir doubtful for him They received a Petition from Dr. Grant who made four proffers First he would willingly go to a Tryal with this Lady without taking advantage of lapse of time If that could not be he would pass an Act of Parliament to set her in statu quo 3ly would refer it to four Judges to six Lawyers of this House if they should say the Right was hers he would resign The Committee had an Answer from the Lord Keeper of two parts First for the denial of the Quare Impedit not his purpose to justifie it but to extenuate his proceedings therein A Question there was between the two Courts and no good correspondency between the Judges it was presently after his coming into the place neither corruption nor malice was in his proceedings he offered a Living equivalent of this to the Lady he would satisfie the Lady by any means this House should direct and would labour to get Grant from his Majesty to sell to the Heir he had never before nor would do the like and returned thanks to the House for their favourable Interpretation of this his Error The Lady Darcy gave a Negative Answer to all she had appealed to the House could find no better Judgement and to this she would stand The Committee took two things into their consideration the Ladies own particular and the publick For the first they thought it the safest way to put in a Bill she was satisfied with this answer For the second the denial of
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