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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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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
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
Subjects are constrained to travel some twenty some four and twenty miles and more to their exceeding great trouble and charges and to the hazarding of their lives many being driven by reason of their Courts being kept so late in the night by Candle-light to travel home in the night-time what weather soever be And he hath made his own Brother Register and keepeth the Office and Records in his own house and there maketh Acts and altereth them at his own pleasure and hath the most part of the profits of the same to himself as is reported his Brother only bearing the name of the Register but the Chancellor's own men for the most part supplying the Office by reason whereof there is such pilling and polling of the Town and Country continually by exacting new Fees and extorting great sums of Money for Probates of Testaments and Letters of Administrations and by causing men to prove Deeds of Gift in their Courts and to examine Titles of Lands and to prove Wills there also though they have been proved above in the Prerogative Courts and by constraining Widows to give up Accompts of their Administration seven or eight years after their Husbands decease taking five Nobles at the least of every one for the same by refusing of Wills fairly Ingrossed and causing the Registers men to write them out again and so putting the Country to a double charge As also by taking great sums of Money of divers persons for Commuting of Penance and not bestowing it upon charitable uses by Excommunicating of men for being in the company of others standing Excommunicated though they knew not of it and taking excessive Fees for the same by citing men and women to their Courts for trifles and taking eleven groats Fee of every one though they clear themselves by citing some to the Courts in the Churchwardens names without their consent or knowledge by delaying of Causes in the same Courts especially about Assessments for the repair of Churches that it hath cost some Parishes 20 l. 30 l. 40 l. some more some less before they could have an end of it by bringing men to their Courts only upon the Judges suspicion and there tendring the Oath Ex Officio upon refusal whereof they have been Excommunicate whereupon some have been driven to Appeal which hath cost some 2 l. some 10 l. some more to their great impoverishing by citing men and women to their Courts for going to another Parish to hear Gods Word preached when they had no Sermon at their own parish-Parish-Church and taking great Fees for the same by citing men to their Courts for opening their Shop-windows upon a Holiday though it hath been Market-day as it hath been accustomed and making men do Penance and pay Fees for the same and some for taking Money and delivering of Corn upon Holidays and for divers other trivial matters making men to spend some 20 s. 30 s. 40 s. 50 s. some more some less to the great and general grievance of his Majesties poor Subjects whereupon it is a general complaint that it were far better for the Country to give his Majesty an yearly Subsidie then to be thus in continual vexation by the said Doctor Lamb and his Officers under him in so much that there were so many Petitions put up by the Country to the Honourable Sir Edward ●ook Knight sitting as Judge in that Circuit that the said Doctor Lamb was bound to the good behaviour for the same and yet the grievances offered by him are still continued May it therefore please your Honours in tender consideration of the premisses and in a feeling commiseration of the distressed Estate of the said Town and Country by that means to take such speedy course for their relief as to your Wisdoms shall seem most expedient And they and the whole Country shall ever be bound to praise God for your Honours and to pray for your prosperities c. Math. Sillesby Thomas Martin's Grievance 1. Thomas Martin late of Northampton being of the Parish of All Saints was presented into Dr. Lamb's Court by William Harrison and Arthur Smith Church-wardens of St. Giles's Parish both common Drunkards one of them upon Record by the advice and practice of Mr. Stockwell the Proctor upon a Fame that he having in his hand a Capons Rump should ●ay it would make as good a Churchwarden as the Churchwarden of St. Giles's Mr. Martin denyeth that he spake any such words and could never have his Accuser come in and if there were any such Fame themselves raised it in an Ale-house 2. They presented him likewise upon another Fame that the said Mr. Martin should in the Church-Porch of St. Giles's violently thrust upon the Wife of Humphry Hopkins being with Child to the danger of her life or the Childs The ground of this Presentment was this Mr. Bird being presented to the Viccaridge of St. Giles's at his Induction there was an horrible Riot committed in the Church by the means of Mr. Sibthorp as was supposed against Mr. Bird and one base ●ellow tript up Mr. Bird's heels and threatned to kill him if he would not deliver up his Box of Writings Mr. Martin being Mayor was called for by the Constable to come to prevent Murther where he found the Church-Porch full of the basest People of the Parish and going into the Church perhaps some of his Officers might thrust some out of his way but the Woman protesteth that he never did her hurt neither did she say so neither could they perswade her Husband to bring an Action against him at the Common-Law though they often urged him thereto and so they took this course in the Spiritual Court yet the Riotters were never presented into the Spiritual Court because they were Amici Curie Upon these Presentments Mr. Martin was cited to appear at Rowell 10 miles from Northampton 2 years after the pretended Offences but being detained about the King's Service retained a Proctor to appear for him but the Chancellor said it was a matter of Office and therefore would admit no Proctor to appear for him and presently excommunicated him whereupon he was forced to appeal and since hath used all the means he could to have an end of this Business by some Friends who wisht him to yield to the Doctor or else he would weary him out so that he was forced to give him 50 s. and paid also 3 s. 8 d. for his absolution and yet can get no end of it to this day but is in danger to be called again though it hath cost him 10 l. already 3. Also a Sister of the said Mr. Martins dwelling at Leicester and coming to Northampton was desirous to go to St. Giles's Church to hear Mr. Bird preach and requested one of Mr. Martin's Prentices to accompany her to the Church which he did and they both went thither and there staid Divine Service and Sermon For this the Apprentice was cited to the Court and there troubled from
it for that they being but stipendary men were loth to do it for fear belike to lose their Stipends Whereupon his Lordship sent for them by an Officer and willed them to omit those Expositions in the Forenoon and yet his Lordship hath since taken order for the erecting of three Sermons in the most remote Places of the City from the Cathedral Church and his Lordship hath erected many Lectures in several Places in the Countrey 2. As touching the Images in the Church what was done is done without his knowledge It is meant by St. Peter's Church that his Lordship never saw that Church till one Evening as he came by and being often before informed of much Cost done upon that Church he went in and kneeled down to his Prayers as his use is and when he rose up perceiving that they had bestowed very great Cost and not seeing or knowing at all of any Image set up there he said God's Blessing on their hearts that had bestowed so much Cost on God's House 3. As touching Prayer to the East he never enjoyned it nor heard of it till now 4. For the 4th part of his Complaint he perceiveth That he hath been sifted for the whole course of his Life That this Peck was sent to his Lordship by the Justices of the Peace for an Assembly late at night in his House his Catechizing being but a colour to draw them thither That this Peck had infected the Parish with strange Opinions as not to kneel when they came to Church that the Name of Jesus is no more than a common Name and that it is Superstition to bow down at the Name of Jesus His Lordship further affirmed That this Peck had been formerly convicted for non-Conformity Annis 1615 1617. and for Symony and Conventicles in his Neighbour's house as appears by the Acts of the Register Fatetur And that Anno 1622. he was taken in his House with 22 of his Neighbours at a Conventicle That he was now bound over by a Justice and so brought to his Lordship and his Sentence against Peck was only That he should confess his Fault The others mentioned in this part of the Charge were punished for their Opinions also making no difference between an Ale-house and the Church till the Preacher be in the Pulpit His Lordship said He much confessed his fault that in the Penance he enjoyned them he caused them to confess their Errors omitting their resort to Conventicles which he did at their own earnest suit 5. His Lordship absolutely denied That he improved any Fees and affirmed he hath not any of those Fees that are complained of only the Fee for Institution which he took as his Predecessors did if therein he hath committed any Error Erravimus cum Patribus and denied that he ever had seen that Table of Fees which is spoken of by the Commons 6. His Lordship affirmed That he had registred all the Institutions This was the Effect of the Lord Bishop's Answer which being ended The Prince his Highness told his Lordship That he had not answered touching the Paraphrase of the Catechism taken away by him Whereupon his Lordship replied That the Preachers used to choose a Text of the Creed c. and to ask the Child some one Question and then to debate very long upon it and never descend to the capacity of the Child That his Lordship did not forbid the Explanation but willed that it might be Catechistically Thus ended the Lord Bishop of Norwich his Answer to the said Complaint It is this day Ordered that in respect of the Streightness of time that the Complaint of the Commons against the Lord Bishop of Norwich shall be referred unto the High Commission to be Exammined by them and they to make Report thereof to the House And then the House will judge thereof XIII Timothy Pinckney who had Petitioned the Lords 21 Jac. to be relieved for a Debt owing to him and others from Sir John Kineday and that Barne Elmes should be Sold for that purpose which the Lords then ordered And appointed a Commission to Issue out of Chancery directed to certain Judges to examine the pretences of the Creditors and see them satisfied he Complains now of the Bishop of Lincoln late Lord Keeper for refusing to grant out such a Commission and slighting the Order The Committee had taken the Depositions of three Persons who had been first Sworn in the House The Lords took into consideration this contempt of their Order heard the Depositions read and appointed Sir Charles Caesar and Sir Robert Rich to go and Examine one Kelwood who was also present when the said Lord Keeper refused to obey the said Order and Minister an Oath unto him to tell what he knows of any notice given to the Lord Keeper of the said Order and who was present March the Second Upon Sir Charles Caesar and Sir Robert Rich their Report of their Examination of George Kellwood touching the Bishop of Lincoln not obeying the Order in the business of Pinckney the Lords Order that the Deposition after they had heard it read and the Depositions of the other three Persons formerly taken to be sent to the Bishop of Lincoln who was to return an Answer under his hand that day following March the 16 th The Bishop of Lincoln sent his Answer to Pinckney's Complaint according to the order of March the 2 d. in Writing to this essect First in general denyed he should have Spoken any thing in contempt of their Lord ships Order in Parliament 21 Jac. having always in his heart born such a reverence to them for non Arbitramur quenquam dicere quod non sentiat and for the particulars as he remembers it being two years since that there had been a mistake in the Clerks entering it according to the sence of the House and Pinckney had then concealed from their Lord-ships a former Refference by the Parliament and the King himself to the Lord Keeper the Master of the Rolls and some Judges who had made a Decree in it And admit all were true that is complained yet he had ommitted the time of the Complaint of a verbal contempt near two years being past and two sittings of Parliament wherein he had been silent Verbal Injuries according to the Civil Law must be complained of within the year aliter remissae censentur Contempts must be pressed the next Term or sitting of the Court against which they are committed Scandalous words against the King must be Complained of within three Months Words of High Treason are by the Laws confined to be Complained of within 6 Months All Informations against any Penal Law made or to be made must come within the compass of one year unless it be Ex parte Regis who hath a year longer And it is impossible for any Man to give an Account of every phrase he shall use Twenty Months after the words
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