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A54686 Investigatio jurium antiquorum et rationalium Regni, sive, Monarchiae Angliae in magnis suis conciliis seu Parliamentis. The first tome et regiminis cum lisden in suis principiis optimi, or, a vindication of the government of the kingdom of England under our kings and monarchs, appointed by God, from the opinion and claim of those that without any warrant or ground of law or right reason, the laws of God and man, nature and nations, the records, annals and histories of the kingdom, would have it to be originally derived from the people, or the King to be co-ordinate with his Houses of Peers and Commons in Parliament / per Fabianum Philipps. Philipps, Fabian, 1601-1690. 1686 (1686) Wing P2007; ESTC R26209 602,058 710

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praefato Rege Franciae redire versus Terram Sanctam in subsidium ejusdem prout Màgis noveritis convenire Teste Rege apud Westm ' 6 o die Februarii And tired with the many Troubles with which the Rebellious and unquiet Spirits of too many of his Subjects had from his Infancy never ceased to torment him exchanged his earthly Habitation for a better before his Son could hear of his Death or return to take possession of his Kingdom and Inheritance And although he against his Will left behind him the first Original or Draught of a Constitution or Design of an House or Convocation now called an House of Commons in Parliament which can claim no better an Extraction then it's Birth and first Procreation from a Force and Duress of Imprisonment put by a Rebellious Army upon their vanquished Soveraign whilst he was in dread of the life of Himself and his Son and his Brother and his Son for more than a year and a quarter and led about and made to say and do and yeild unto every thing which they would have him That afflicted Prince did not after the battle of Evesham during all the Time of his Raign which continued about Eight years after make use of that kind of Writs of Summons or of that Form for the Election of Knights Citizens and Burgesses to let in the Tide of the Vulgar with their Ignorance upon his highest and greatest Councel And those new-contrived Writs of Summons could not in all probability obtain a quiet Sitting or accommodate the pretended Ends and Purposes of the Framers thereof neither be intended to erect a third Estate nor agree with the constrained Conservatorships or other their Designs otherwise than to maintain those Rebellious Barons in the Powers that they had usurped SECT X. That those new contrived Writs of Summons made by undue Means upon such a disturbed Occasion could neither obtain a proper or quiet Sitting in Parliament or the pretended Ends and Purposes of the Framers thereof and that such an hasty and indigested Constitution could never be intended to erect a third Estate in the Kingdom equal in power with the KING and his great Councel the House of Peers or consistent with the pretended Conservatorships or to be co-ordinate with the KING and his great Councel of Peers or to be a curb to any of them or themselves or upon any other design then to procure some Money to wade through that their dangerous Success IN regard that very many of the Counties and a great part of England as most of the Northern much of Wales and the Marches thereof under the Influence and Power of Valence Earl of Pembroke Mortimer Clare Earl of Gloucester Clifford Le Strange and other Welsh Lords Marchers and of John Balioll and other of the Northern Barons joyned to the Power and Influence of Gilbert de Clare Earl of Gloucester after his forsaking of Montfort neither could or were like to come unto that so packed Parliament for Richard Earl of Cornewall had very many Borough Towns in that County Wales and its thirteen Shires and the largely priviledged Earldom of Chester sent no Knights or Burgesses to sit in the House of Commons in Parliament either then or before or since until by an Act of Parliament made in the later end of the Raign of King Henry the Eighth they were Authorised to be Elected for that Purpose Warren Earl of Surrey and Sussex was not in those Counties destitute of many Ferrers Earl of Darby falling off from Montfort could not but in the large extent of his Estate drew away very many of their well-Wishers Followers Friends Allies Tenants or Dependants and such as held of them by Knights Service and in Soccage or Burgage and many Knights Citizens and Burgesses to be so elected except those in London and Westminster if any did then appear to have been chosen as not dareing to come to that kind of New Parliament without a Convoy Although the Power of the Earl of Oxford one of their Associates in the County of Essex was then very great whilst they were almost daily and hourly haunted and tormented in their minds and Estates with Jealousies Fears and Dangers and the often sad and dolorous tidings of Devastations Slaughters Plunders and Sequestrations that misused King himself not being able to have any of his Servants or Subjects that he had sent for to come unto him without a Convoy to defend them from Spoil and Pillage And the exactest Search that hath been or can be made cannot find any formal or certain Sitting of a Parliament any Writs or Indentures returned any Session Act or thing done in that so newly framed Parliament when the minds of the Rebels themselves were so tormented and distracted with Fears and Cares to preserve themselves and their Royal Booty as they could neither be safe in keeping of him or restoring him to his Liberty for that the abused Lyon patient for a while against his Will once let loose might remember past Injuries and tear them in Peices and no Act or Memorial can be seen of any more than the Petition of two of the Knights Elected for the County of York and their Allowance of Wages where the Rebellious Party seemed to be most powerful no Burgesses of the many Towns and Boroughs in that large County at all it seems then Appearing or Petitioning by a Tax or Levy made upon that County which created the first President or Custom of giving Wages unto Knights of the Shires no other Knights of the Shires or Burgesses of Townes if there were or had been any Elected then demanding the like Allowance and that which was allowed the said Yorkshire Knights was partly for Expences supposed in their helping to guard the maritime parts to keep out Strangers or the Kings own Subjects in his several Provinces of France from coming from the parts beyond the Seas to assist him no Journal or Record of any Petitions made or Grievances exhibited Conferences Debates Decisions Acts Orders or Ordinances and that one that was made was only to engage and cozen as many as they could of the Bishops and Clergy into their own Design And therein none of the Commons or men of that Election do seem at all to trouble their Heads or be named as Actors or Consenters therein for it is expresly said to be provided Per Commun assentement du Roy des Prelaz des Contes des Barons de la tere a fermete en tesmoinaunce le Roy les hauz Hommes de la tere ont mis leur Seus neither doth there appear to to have been any Prorogation or Adiournment thereof And there was like to have been no small want of Money when Symon de Montfort and his Partners especially after the Earl of Gloucester's Sullennes and Departure from them to maintain and keep together so instable a People and so great a number for the guard of their Royal Prisoners and their own
be Elected to be a Member of the House of Commons in Parliament is to take before he be admitted to sit therein or have any voice as a Knight Citizen or Burgess of or in the House of Commons an Oath upon the Evangelists before the Lord Steward or his deputy that he doth testify and declare That the Queens Majesty her Heirs and Successors is the only Supream Governour of this Realm and of all other her Highness's Dominions and Countries as well in all Spirituall and Ecclesiasticall things or causes as Temporall and renounce all Foreign Jurisdiction of any Foreign Prelate Prince or Potentate whatsoever And promise that from henceforth he shall bear Faith and true Allegeance to the Queens Highness her Heirs and Successors and to his power shall assist and defend all Jurisdictions Privileges Preheminencies and Authorities granted or belonging to the Queens Highness her Heirs and Successors or united and annexed to the Imperiall Crown of this Realm Queen Elizabeth in the 31st Year of her Reign did by the advice of her Privy-Councell and of the Justices of both her Benches and other of her learned Councell prorogue and adjourn the Parliament from the 12th of November 1588. to the fourth of February then next following from which day it was continued till the Thursday following post meridiem Wherein divers of the Bishops Earls Barons Justices and masters of Chancery were Receivers and Tryers of petitions The Bishops all but 7 named each of them 2 Proctors 7 Temporall Lords sent their proxies Such as were meer attendants in the House of Peers were sometimes made joint Committees with the Lords in severall matters The Commons presenting their Speaker to the Queen he was admitted with a caution not to use in that House irreverent Speeches or to make unnecessary addresses to her Majesty and the Chancellour by Command of the Queen continuavit praesens Parliamentum usque diem Sabbati prox hora nona When the Lords sent to pray a conference with the Commons and it is assented unto one of the Judges were allways named to attend the Lords Committees In a bill for setling a jointure for the Wife of Henry Nevill Esq. Wherein all former conveyances were to be cancelled the Lords ordered that the deeds should be sealed up and brought into their house to the end that they might be redelivered again uncancelled in case the Queen should resuse to sign the Act of Parliament the House of Commons by their Speaker desired her Majesties assent to such Statutes as had been provided by both Houses Upon her gracious generall Act of Pardon les Prelats Seigneurs Commons en Parlement en nom de toutes voz autres Subjects remercient tres humblement vostre Majeste The Queens Sollicitor generall being Elected a Member of the House of Commons in Parliament they desired the Lords that he might come into the House of Commons and sit with them which was assented unto and performed In the Year 1588. and 31st of her Reign when she had most need of her Subjects aid and good will upon the Petition of the Commons against some grievances of the Purveyors and her Court of Exchecquer she answered by their Speaker that she had given orders to her Lord Steward to redress any Complaints of her purveyance and that she had as much skill and power to rule and govern her own House as any of her Subjects whatsoever to rule and govern theirs without the help of their Neighbours and would very shortly cause a collection to be made of all the Laws already made touching Pourveyance and of all the constitutions of her Houshould in that case and would thereupon by the advice of her Judges learned Councell set down such a formall plot or method before the end of that present session of Parliament as should be as good better for the ease of her subjects then what the house had attempted without her privity in which they would have bereaved her Majesty of the honour glory and commendation thereof and that she had in the 10th year of her Reign caused certain orders and constitutions to be drawn for the due course of such things in her Court of Exchequer as her Subjects seem to be grieved at And so after a Generall Pardon and some bills passed the Lord Chancellour by her Majesties command dissolved the Parliament Anno 35th the Lord Keeper by her Majesties command declared the necessity of publick aides how little the Late Subsides amounted unto by Reason of the ill gathering desired the time might not be Mispent in long orations Speeches and verbosities which some men took delight in Receivers and Tryers of Petitions were named and some Proxies delivered Their Speaker Sr Edward Coke in his Speech remembred the Queen of her speech to the last Parliament that many came thither ad consulendum qui nesciunt quid Sit consulendum and prayed that she would give her assent to such Bills as should be agreed upon The Lord Keeper in his reply alleadged that to make more laws might seem Superfluous and to him that might ask Quae causa ut crescunt tot magna volumnia legum It may be answered in promptu causa est crescit in orbe malum And after upon further instructions received from her Majesty declared that Liberty of Speech was granted but how far was to be thought on there be two things of most necessity wit and speech the one exercised in invention the other in speaking priviledge of speech is granted but you must know what priviledge you have not to speak every one what he listeth or what cometh in his heart to utter but your priviledge is to say yea or no wherefore Mr Speaker her Majesties pleasure is that if you perceive any idle heads which will not Stick to hazzard their own estates which will meddle with reforming of the Church and transforming of the Common-Wealth and do exhibit any bills to such purpose that you receive them not untill they be viewed and considered of by those who it is fitter should consider of such things and can better judge of them The daily continuing or adjorning of the Parliament was Dominus Custos magni Sigilli continuavit praesens Parliamentum After a bill for setling the lands and Estate of Sr Francis Englefeild attainted of high Treason in Parliament had been ordered by the House of Commons to be ingrossed the Lords did hear Councell on the part of Englefeilds heirs and afterwards passed it In the case of repealing of certain uses in a deed concerning the Estate of Sr Anthony Cook of Rumford in the County of Essex after the bill had been 3 times read in the House of Lords and assented unto a Proviso was added of Saving the Queens right with a note entred that it should not hereafter be used as a praecedent Acts or bills of Generall pardon do passe both Houses with once reading The Lord-Keeper by her directions
we should have ended modestly and at least with discretion I protest I have a Libel in my pocket against the proceedings of this Parliament could when he came to speak of Mr. Belgraves aforesaid offence say he had heard it spoken of diversly but for his own part he was more apt to move against Mr. Dyet a Member of that House that drew the Information in the Court of Star-Chamber against Mr. Belgrave that he should be well punished for seeking to diminish the Praerogative of the Court a power or word never before believed to be proper or applicable to the House of Commons in Parliament by praying Aid of the Court of Star-Chamber for an offence done to us this Court sitting which complexedly with the House of Peers in Parliament hath been and ought to be stiled a Court but not separately as to its own constitution or practice And desired that Mr. Belgrave may be cleared here which will be a good Inducement not to censure him heavily there Mr. Ravenscroft said we ought not proceed against a Fellow member until he be called It is not apparent to us that he made the Information it is under Mr. Attorneys hand and therefore ought to be intended his for now it is upon Record under his hand against which we can receive no Averment by speech of others but by the Gentleman 's own words viva voce And so there was no more said of that matter But it was put to the question whether he should be cleared of the offence to the House yea or no and all cryed I I I only young Mr. Francis Grantham who gave a great No at which the House laught and he blusht Some of the Members of the House of Commons observed and found fault that when the Members were Voting the contradicting party went out of the House leaving the affirming party in the House they that remained did it more to continue and abide in their places than for any affection they had to the Vote of the other and there might be also a great mistake in the temputation of the whole number of the Members when some never came at all or tarried but a little while many others were strugling in or out about their own Domestick or particular Affairs Upon Friday December the 18th Anno. Dom. 1601. as the Speaker was going to the House in the morning the Queens General Pardon was delivered unto him which he took and delivered into the House which they sent back again because it was not brought according to course an haughtiness not usual or comely for those that were to receive such vast benefits by it The Collection for the Clerk of the Houses Servant supplying his Masters place at 12 d. each Member amounted unto 25 l. which was after the number of 500 Members Afterwards Mr. Attorney General assisted by Dr. Cary on the right hand and Dr. Stanhop on the left brought to the House her Majesties free and general Pardon and delivered also to the House their Subsidy-Bill for the grant of four entire Subsidies Eight Fifteenths and Tenths the Subsidy of the Clergy was sent in a Roll according to the usual Acts whereunto Sir Edward Hobby took exceptions because it was not sent in a long Skin of Parchment under the Queens Hand and Seal so it was sent back again and then the other was sent The Lord Keeper upon the Speakers Speech at the ending of the Parliament said That Laws were to have the Queens Royal Assent as God should direct her Sacred Spirit that she saith touching their proceeding in the matter of her Praerogative that she is persuaded that Subjects did never more dutifully and that she understood they did obiter touch her Praerogative and not otherwise but by humble Petitions and therefore that thanks that a Princess may give to her Subjects she willingly yieldeth but now she well perceiveth that private respects are privately masked under publick pretences as for the grant of the Subsidies and the manner of giving the Subsidies it was not persuasive or by persuasive Inducements it was speedy freely and of Duty with great Contentment that no Prince was ever more unwilling to exact or receive any thing from the Subject then she our most Gracious Soveraign for we all know she never was a greedy Grasper nor strait-handed keeper and therefore she commanded him to say that you had done plentifully dutifully and thankfully And added also an admonition to the Justices of Peace many of which probably were Members there present that they would not deserve the Epethites of prowling Justices Justices of quarrels who counted Champerty good Conscience Justices who did suck and consume the Wealth and good of the Commonwealth and also to those who do lye if not all the year yet at least three quarters of the year at London and after some Bills or Acts of Parliament signed with la Royne se voult or come il est desire and some others with la Royne savisera dissolved that Parliament in Anno 1601. Which may be justly accompanied with the Observations and Annotations of that eminent and learned Lawyer Mr. William Noy Attorney General of that pious Prince and Martyr King Charles the first who was by death arrested and called out of this World before his Royal Masters Persecution and ever to be detested Murder and in all probability if he had then been living would have done more towards the rescue of his Royal Person and Government than all these silent Lawyers that crouched under the burdens of the Rebellious miscalled Common-wealth and their Man of sin Oliver Cromwell that afterwards cheated them of their Prey In former times especially since the admittance of Commons elected to Sit in our great Councils in Parliament all the Acts of Parliament were framed and drawn up upon the Petitions of the Parliament and the Kings Answers thereunto by the Judges and the Kings learned Council at Law compendiously and very often after the ending of the Parliament or some good part of time afterwards and if any thing were oversliped by the Commons a clause was added to help the same But on the other side after the Petitions and Answers were read and the Royal Assent given Additions contrary to the meaning of the Commons have been added and sometimes somewhat omitted All Bills commonly called Petitions were most usually exhibited by the Commons it being their part petere leges as best knowing what was amiss At the making of the Statute of Merton in Anno 20. H. 3. concerning Trespasses in Parks and Ponds the answer was it is not yet discussed for the Lords demanded the imprisonment of the offenders therein and the King denyed it wherefore it was deferred Some Petitions were formerly indorsed coram Rege against which the Commons petitioned in 6 E. 3. n. 31. for that nothing was done upon their Petitions and therefore prayed that theirs might be answered before the Parliament ended Some Bills have been exhibited in their