No Candidate who shall have in his own Name or in trust for him or his Benefit any new Officers or Place of Profit hereafter to be created or be a Commissioner or Sub-Commissioner Secretary or Receiver of Prizes Commissioner of the Armies Accounts Commissioner of the Sick and wounded Agent for any Regiment Commissioner for Wine Licences Governor or Deputy-Governor of any of the Plantations Commissioner in any out-Port or have a Pension from the Crown during Pleasure shall be capable of being elected or sitting c. as a Member who shall have in his own Name or in the Name of any Person or Persons in Trust for him or for his Benefit any new Office or Place of Profit whatsoever under the Crown which at any time hereafter shall be created or erected nor any Person who shall be a Commissioner or Sub-Commissioner of the Prizes Secretary or Receiver of the Prizes nor any Comptroller of the Accompts of the Army nor any Commissioner of Transports nor any Commissioner of the Sick and Wounded nor any Agent to any Regiment nor any Commissioner for Wine Licences nor any Governor nor Deputy-Governor of any of the Plantations nor any Commissioner of the Navy employed in any of the Out-Ports nor any Person having any Pension from the Crown during Pleasure shall be capeable of being Elected or of sitting or voting as a Member of the House of Commons If any Person being chosen a Member of the House of Commons shall accept of any Office of Profit from the Crown during such time as he shall continue a Member his Election shall be Members chosen accepting any Office of Profit from the Crown while they continue Members their Election void and a new Writ to issue but capable of being again Elected and is hereby declared to be Void and a new Writ shall issue for a new Election as if such Person so accepting was naturally Dead Nevertheless such Person shall be capable of being again Elected as if his Place had not become Void as aforesaid No greater Number of Commissioners shall be made for the Execution of any Office than have been employed in the Execution of any such Office from the first Day of the Session Nothing herein contained shall extend to any Member of the House of Commons being an Officer in Her Majesty's Navy or Army Members being Officers in the Navy or Army receiving any New Commission in either not incapacitated who shall receive any new or other Commission in the Navy or Army respectively If any Person hereby disabled or declared to be incapable to Sit or Vote in Parliament Members hereby incapacitated if returned their Election void and presuming to sit and vote forfeit 500 l. to any that will sue by Action of Debt c. wherin no Essoin c and but one Imparlance shall nevertheless be returned as a Member to serve for any County City Town or Cinque-Port in any such Parliament such Election and Return are declared to be Void to all Intents and Purposes and if any Person disabled or declared incapable by this Act to be Elected shall presume to sit or vote as a Member of the House of Commons in any Parliament such Person so sitting or voting shall forfeit 500 l. to be recovered by such Person as shall Sue by Action of Debt Bill Plaint or Information wherein no Essoign Protection or Wager of Law shall be allowed and only one Imparlance Forty five shall be the Number of the Representatives of Scotland in the House of Commons of the Parliament of Great-Britain G. Britain Stat. 5 Annae c. 8. Every Member of the House of Commons of the Parliament of Great-Britain until the Parliament of Great-Britain shall otherwise direct shall take the respective Oaths appointed to be taken instead of the Oaths of Allegiance and Supremacy The Union Act. by an Act of Parliament made in England in the First Year of the Reign of the late King William and Queen Mary The new Oaths of Allegiance and Supremacy And make subscribe and audibly repeat the Declaration mentioned in an Act of Parliament made in England in the Thirtieth Year of the Reign of King Charles the Second The Test and shall take and subscribe the Oath mentioned in an Act of Parliament made in England in the First Year of Her Majesty's Reign The Abjuration At such time and in such manner as the Members of both Houses of Parliament of England are by the said respective Acts directed to take make and subscribe the same upon the Penalties and Disabilities in the said respective Acts contained And it is declared and agreed that these Words This Realm The Crown of this Realm and the Queen of this Realm mentioned in the Oaths and Declaration contained in the aforesaid Acts which were intended to signify the Crown and Realm of England shall be understood of the Crown and Realm of Great-Britain and that in that Sense the said Oaths and Declaration be taken and subscribed by the Members of the Parliament of Great Britain None shall be capable to be elected a Representative for any Shire or Borough of Scotland but such as are twenty one Years of Age complete None capable to be elected for any Shire or Borough of Scotland under 21 Years nor unless a Protestant Papists and such as refuse the Formula excluded Like Incapacity on Candidates not at this Time capable by the Laws of Scotland Stat. 6. An. c. 7. and Protestant excluding all Papists or such who being suspect of Popery refuse to swear and subscribe the Formula contained in the third Act made in the 8th and 9th Sessions of King William's Parliament in Scotland nor shall be capable to be elected to represent a Shire or Burgh in the Parliament of Great Britain for Scotland except such as were at the Time of passing this Act capable by the Laws of Scotland to be elected as Commissioners for Shires or Boroughs to the Parliament of Scotland A like Clause for incapacitating Persons to be elected c. Members of Parliament and likewise for incapacitating Members of Parliament with like Restrictions Exceptions and Penalties throughout the united Kingdom as are contained in the Statute 4 5 Annae c. 8. relating to Candidates and Members for the Parliament of England And further Candidates disabled to be elected or Members to sit c. in the Parliament of England under like Disabilities as to any Parliament of Great Britain That every Person disabled to be elected or to sit or vote in the House of Commons of any Parliament of England shall be disabled to be elected or to sit or vote in the House of Commons of any Parliament of Great Britain Except the present Commissioners for disposing the Equivalent by the present or any other Commission That every Person who shall refuse to take the Oath of Abjuration St. 6 Ann. c. 23. Candidates or others may require the Sheriff President of the Meeting c. on the Poll at any Election of Members in
offered to the House till the Leave of the House be desired and the Substance of such Bill made known either by Motion or Petition It hath at some Times been ordered Hakewel 135. That every one that preferreth a private Bill should pay five Pounds to the Poor as in 43 Eliz. towards the End of the Parliament when they were troubled with much Business but it holdeth not in other Parliaments Scobel 41. Nevertheless the Speaker had Liberty to call for a private Bill to be read every Morning and usually the Morning is spent in the first Reading of Bills untill the House grow full If any publick Bill be tendered Ibid. the Person who tenders the Bill must first open the Matter of the Bill to the House and offer the Reasons for admitting thereof and thereupon the House will either admit or deny it 7 Martii 1606. Mr. Id. 46. Hadley being assigned of a Committee to confer with the Lords desired to be spared he being in Opinion against the Matter itself And it was conceived for a Rule That no Man was to be imployed in any Matter that had declared himself against it and the Question being put it was resolved Mr. Hadley was not to be employed Presidents reported by Mr. Pryn 28 Jan. 1666. about the Method of Proceeding upon the Impeachment of the Lord Mordant 28 May 1624. In the Lords Journal Council to be allowed Impeachment which is entered in haec verba and allows Council in all Cases 1 2 Car. 1. A great Dispute if the Earl of Bristol impeached for High Treason should be allowed Council The Lords then stood on the Order above recited The King objected to that Order that the Judges and his Council had not assented thereto yet the King consented to avoid being thought rigorous that the Earl of Bristol should be allowed Council so it were not drawn into Precedent Council was allowed to Sir George Bynion Council allowed to Garney Lord Mayor of London impeached for High Crimes and Misdemeanors 5 11 July 1642. and 1 2 August Sept. 30. 1645. An Impeachment of of the Earl of Strafford H. Poulton c. for striking Sir Arthur Haselrig Upon all which the House did acquiesce in the Lord Mordant's having Council As to his sitting within the Bar The Lords insisted on it on the Precedents of 18 Jac. the Bishop of Landass and 1645. the Lord Stamford Seignor Coke Litt. Rep. 330. Elect. 1 Car. 1. Viscount de Bucks Chivaler de Norsolk Comment que ill abstein de la maison uncore il avoit privilege versus la Dame Cleer The Privileges of Parliament consist in Three Things May 's Hist Parl. l. 3. p. 27 Sir Robert Atkin's Power of Parliaments 36. Rush Col. Vol. 1.663 First as they are a Council to advise Secondly a Court to judge Thirdly a Representative Body of the Realm to make repeal or alter Laws Upon some Questions propounded to the Judges Anno 1629. 5 Car. 1. all the Judges agreed That regularly a Parliament-Man cannot be compelled out of Parliament to answer Things done in Parliament in a parliamentary Course Their Rights and Privileges are the Birth-right and Inheritance not only of themselves Rush Col. Vol. 3. p. 1. 458. but of the whole Kingdom wherein every Subject is interested The Violating of the Privileges of Parliament Rush Col. Vol. 3. p. 1. 475. Rush Col. Vol. 1. p. 537. is the Overthrow of Parliament The Privileges of the House says Sir Edward Cook are the Heart-Strings of the Commonwealth and therefore if the King desires a Nonrecess I desire that this may be enter'd That it is done ex rogatu Regis The King viz. Charles II. Journ of House of Commons in his Letter to the King of Spain declares That the Murder of his Father was not the Act of the Parliament or Kingdom of England but of a little Company in the Kingdom 23 Aug. 1660. Expulsion from the House for Words Thursday in the Morning 27 May Diurnal Occurrences of Parliament from Nov. 3. 1640. to Nov. 3. 1641. p. 11â— 1641. Mr. Tayler a Barrister and Burgess for Old Windsor was brought upon his Knees in the House of Commons for speaking some Words in Disparagement of the whole House about the Earl of Strafford's Death saying They had committed Murder with the Sword of Justice and that he would not for a World have so much Blood lie on his Couscience as did on theirs for that Sentence Which Words being proved against him by the Mayor of Windsor to whom he spoke them and some others he was thereupon expelled the House and voted uncapable of ever being a Parliament Man committed to the Tower during Pleasure to be carried down to Windsor there to make Recantation for those Words and to return back to the House of Commons to receive further Sentence And it was ordered That a Writ should presently issue out for a new Election is his room The 2d of June he petitioned to be restored upon his Submission Id. p. 116. Id. the where Rush Col. part 3. vol. 1. fo 278 280. But his Petition would not be hearkened unto A Member sent to the Tower for discovering what was said in the House in a former Parliament Mr. Francis Nevill Rush Col. part 3. vol. 1. fo 169. of Yorkshire a Member of the House was February 4. 1640. 16 Car. 1. questioned for Breach of Privileges in the precedent Parliament which met 13 Apr. 1640. by discovering to the King and Council what Words some Members did let fall in their Debate in that House Whereupon Mr. Bellasis Knight for Yorkshire and Sir John Hotham were committed by the Council-Board And Mr. Nevill being brought to the Bar was by the House committed to the Tower of London and Sir William Savill touching the same Matter was ordered to be sent for in Custody CHAP. XXIII Privilege of Parliament THE Privilege of Tenants in Ancient Demense Sir R. Atkin's Argument 18. Vide Coke 9 Rep. in Pref. must be as ancient as their Tenure and Service for their Privilege comes by Reason of their Service and their Service is known by all to be before the Conquest in the Time of Edward the Confessor and in the Time of the Conqueror Every Man must take Notice of all the Members of the House returned of Record 4 Inst 23.24 at his Peril Otherwise it is of the Servant of any of the Members of the House Id. 24. A Member of Parliament shall have Privilege of Parliament Id. 42. Hakewel 62. not only for his Servants but for his Horses c. or other Goods distrainable The Privilege is due eundo Scobel 88. morando redeundo for the Persons of Members and their necessary Servants and in some Cases for their Goods and Estates also during the Time For their own Persons they have been privileged from Suits Ibid. Arrests Imprisonments Attendance on Trials Serving on Juries and the like yea from being summoned or called to attend upon any Suit in other Courts by Subpoena
Barons only i. e. By Reason of the Temporal Baronies annexed to their Bishopricks and not as they are Spiritual Persons And they further urge in Confirmation of their Opinion 1. That no Bishop notwithstanding his Election Consecration Confirmation c. can be a Lord of or sit in Parliament till the King has granted to him the Temporalities of the Bishoprick 2. N. B. Tho this Stat. was repealed by Q. Mary yet that Repeal was repealed by Q. Elizabeth c. As the Parliamt at Bury 24 E. 1. 1 Eliz. all the Acts about Religion passed Dissentientibus Episcopis See Journal Dom. Procer 11 H. 7.27 Bro. Par. 107. Kelway 184. 3 The Commons See hereafter See Sadler's Rights p. 79. to 93. That by Virtue of the Stat. 1 E. 6. c. 2. still in Force The King may constitute Bishops by his Letters Patent only without any Election or Consecration and 3. That Parliaments have been and may be held Excluso Clero exclusive of the Bishops and Clergy and that some of our most beneficial Statutes have been enacted whereto the whole Body of the Clergy dissented all which they say prove the Bishops to be no essential Part or any of the three Estates of Parliament And in Trinity Term 7 H. 8. tis agreed by all the Judges of England That the King may well hold his Parliament by himself and his Lords Temporal and Commons without any Bishops or Spiritual Lords at all The third Estate of which we shall herein principally treat is on all Hands confess'd to consist of the Knights Citizens and Burgesses with the Barons of the Cinque-Ports all which being at this Day elected by the free Votes of the Freemen of Great Britain are properly esteem'd the Representative Body of the People and constitute that Part of the Parliament usually called the House of Commons N. B. The antient Modus Tenendi Parl. reckons up six Degrees or Orders of Parliament but that Division cannot be denominated six Estates The Numbers of the Commons Numb of Commons formerly See Mr. Willis's Preface to his 1 Vol. of Net Parl. Prynn of Parliamentary Writs I find to have been formerly variant according as the Sheriffs of Counties from what Motive is uncertain were pleased to direct their Precepts to the several Cities or Burros within their respective Counties or as the same Sheriffs made their Returns thereupon But indeed another Cause of this Variation was That it was usual for the Prince on his Accession to the Throne to grant Charters to antient Demesne Vills and other popular Towns thereby erecting 'em into free Burros and this consequently gave 'em a Right to be represented in Parliament And by this Artifice among others the Crown advanced its Interests in the House of Commons For it must be confess'd That by the antient Constitution there were no Representatives of the Commons as Commons in Parliament besides the Knights for the Shires the Barons for the Cinque Ports Crompt of Courts f. 2.3 c. Stat. 23. H. 6. c. 11. the Citizens for the Cities and the Burgesses for the ancient Burros only and that the Elections for all those were to be made by such Persons only as were possess'd of Lands or Tenements held by them as Freeholds or free Burgage Tenures which consequently excluded all Villeins and Copyholders Stat. 12. R. 2. c. 12. Crom. 2.3.4.5 Bro. Ant. Dem. 43â— as also Tenants in antient Demesne which were but the King's Villeins and the Tenants and Dependants of other Lords Parl. 96. Reg. 261. Nat. Bre. 14. from being either the Electors or elected of the House of Commons Indeed the Practice of increasing the Number of the Representatives of the Commons See Bohun's Col. per Tot. began very early viz. Temp. Johan if not before for I find it a Practice of that Prince to grant usually in Consideration of Money c. Charters to Antient demesne Towns as generally all Sea-Port Towns were thereby erecting 'em into free Burroughs The Representative of London and West p. 14. 10 p. 21. Spelm. in voce Major and hence it was as I conceive That Bridport Dorchester Harwich Helstone Kingston upon Hull and divers other antient demesne Towns came to be erected into free Burros which originally had no Right of being represented in Parliament But whatever Methods were then taken to encrease the Number of the House of Commons I find their Number to be much the same from the End of H. the 6th's Reign Fortescue p. 40. to the Beginning of that of H. the 8th viz. about 300. That H. 8. MS. Penes Authorem added to their Number 38. King Ed. 6. added to their Number 44. Queen Mary added to their Number 25. Queen Elizabeth added to their Number 62. King James the 1st added to their Number 27. And King Charles the 1st about 10. or 12. so that at the Time of the Restoration of King Charles 2. I find their Numbers to have been about 500. But the Commons about that Time restrained this mischievous Practice for the Future so that they declared the Elections made by Virtue of that Prince's Charters void and as Chester had been enabled to send two Members for the County and two for the City by Virtue of a Sta. 34.35 St. 34.35 H. 8. c. 13 St. 25. C. 2. c. 9. H. 8. so an Act past in the 25 Car. 2. enabling Durham to send four Members in like Manner and thus the Number of the House of Commons stood at 513 till the Union of the Kingdoms of England and Scotland when by Virtue of the Union Act St. 5. An. c. 8. forty-five Scottish Members were added which made the whole Number of that House to be 558 as it now stands Mr. Prynn and Others observe Denominations of Parliam Prynn's Rights of the Com. c. p. 99. 99. Spelm. Glossary in verb. Parlam Debata That our Ancestors had many Expressions and Phrases which signify'd a Parliamentary Assembly as Magnates Regni Omnes Regni Nobiles Proceres et Fideles Regni Universitas Regni Communitas Regni Discretio Totius Regni Generale Concilium Regni and many others varying the Stile in successive Ages till at length it came to be fix'd in the Word Parliament See divers Records and Precedents touching this Matter in the Appendix to Mr. Petyt's Miscellanea Parliamentaria Mr. Prynn also says Prynn's Truth triumphing over Falshood c. f. 69. Petyt's Antient Rights c. p. 68. That by many antient Precedents before the Conquest it is apparent that all our pristine Synods and Councils were nought else but Parliaments and that our Kings Nobles Senators Aldermen Wisemen Knights and Commons were usually present and voted in them as Members and Judges And Mr. Lambard Sir Robert Atkyns's Argument p. 18. see hereafter in his Archaeion maintains That Parliaments were used in the Saxon Times as in the Time of King Ina Ann. 712 and other Saxon Princes and that they then consisted of King Lords and Commons And that the
of the Realm and every particular Member thereof either in Person or by Representation upon their own Free Elections are by the Laws of this Realm deemed to be personally present 1 Jac. 1. c. 1. Sir Edward Cook in his Epistle to the 9th Report says There is a threefold End of this great and honourable Assembly of Estates First That the Subject might be kept from offending that is That Offences might be prevented both by good and provident Laws and by the due Execution thereof Secondly That Men might live safely in Quiet And thirdly That all Men might receive Justice by certain Laws and Holy Judgments that is to the End that Justice might be the better administred that Questions and Defects in Laws might be by this High Court of Parliament planed and reduced to a Certainty and that Claims of Right might be adjudged and determined This Court being the most supream Court of this Realm is a Part of the Frame of the Common Laws and in some Cases doth proceed legally according to the ordinary Course of the Common Law The House of Lords cannot exercise any Power as an House of Parliament Sir R. Atkin's Argument f 51. or as a Court for Error without the House of Commons be in Being at the same Time Both Houses must be prorogued together and dissolved together By the Law Ib. 59. Parliaments ought to be very frequent Before the Conquest as it is untruly call'd by the Law Parliaments were to be held twice a Year as appears by King Edgar's Laws So it was ordained by King Alfred By the Stat. of 4 Ed. 3. c. 14. Parliaments ought to be once a Year and oftner if need be And in 36 Ed. 3. c. 10. to be once a Year without Restriction if need be By 16 Car. 2. c. 1. these Acts are declared to be in Force And further it is declared and enacted That the holding of Parliaments shall not be discontinued above three Years at the most The Parliament is a Court of very great Honour and Justice Plow Com. 398. 11 Col. 14 The Parliament can do no Wrong 6 Col. 27. Sir R. Atkyne Arg. 60. of which no Man ought to imagine a Thing dishonourable An Offence committed in Parliament is a very very high Offence but the higher it is the more proper it is for their Judicature and that Court is arm'd with a Power to punish the highest Offences and the highest Offenders Yet a Parliament may err Plow Com. 397. 9 Col. 106. Ibid. for they are not infallible but the Law hath provided a Remedy against those Errors and a way to reform them A subsequent Parliament may reform the Errors of a preceeding Parliament But to say that they will be partial Ibid. or unjust or corrupt or do any Thing out of Malice is to raise a Scandal upon the whole Nation Ibid whose Representative they are If any Offence whatever be committed in the Parliament by any particular Member See Husband's Collections ante p. 1. p. 67. it is an high Infringment of the Right and Privilege of Parliament for any Person or Court to take the least Notice of it till the House it self either has punish'd the Offender or referred them to a due or proper Course of Punishment To do otherwise would be to make the Highest Court an Offender and to charge them with Injustice Their Right and Priviledge so far extends Ib. 61. that not only what is done in the very House sitting the Parliament but whatever is done relating to them or in pursuance of their Order during the Parliament is no where else to be punish'd but by Themselves or a succeeding Parliament tho done out of the House Either House doth ever for the most part shew it self so careful to keep firm Correspondence with the other Sir Simon d'Ewes Journal 186. as that when a Bill hath pass'd either of the said Houses and is sent to the other it doth for the most part pass and is neither dash'd nor alter'd without very great Cause upon mature deliberation and usually also not without Conference desir'd and had thereupon that so full Satisfaction may be given to that House from which the Bill so rejected or alter'd was sent Pessima Gens humani Generis always abhorr'd a Parliament Preface to Petyt's Miscel Parlementar And the Reason thereof is demonstrative because they all knew they shou'd then be call'd to an impartial and strict Account and be punish'd according to their Demerits It was said by the Lord Bacon to Sir Lionel Cranfeild Ibid. newly made Lord Treasurer That he would recommend to his Lordship and in him to all other great Officers of the Crown one considerable Rule to be carefully observ'd which was Remember a Parliament will come The King at no Time stands so highly in his Estate Royal Petyt 's Miscel Parliament 6. Vide Cromp. Jur. 10. as in the Time of Parliament wherein the King as Head and they as Members are conjoyn'd and knit together in one Body Politic So as whatsoever Injury during that Time is offer'd to the meanest Member of the House is to be judged as done against the King's Person and the whole Court of Parliament The Prerogative of Parliament is so great Ibid. That all Acts and Processes coming out of any inferior Courts must cease and give place to that the highest Statutes in England are made not only by the Princes Pleasure Fortescue 42. but also by Assent of the whole Realm So that of Necessity they must procure the Wealth of the People and in no wise tend to their hindrance It cannot otherwise be thought Ibid. but that they are replenish'd with much Wit and Wisdom seeing they are ordain'd not by the Device of one Man alone or of a hundred wise Counsellors only but of more than three hundred learned Men now 558 that ought to be freely Elected by the People Acts of Parliament are made with such Gravity Wisdom 11. Co. 63. Fortesc c. 18. c. 40. and Universal consent of all the Realm and for advantage of the publick Wealth that they are not from the General and ambiguous Words of a Subsequent Act to be abrogated Acts of Parliament have been tender of racking the King's Subjects for Words 1. Mod. Rep. 234 and the Scripture Discountenances Mens being made Transgressors for a Word Every Proviso in an Act 1. Siderf 155. is not a determination what the Law was before for they are often added for the Satisfaction of those that are ignorant of the Law The King of England can neither by himself or his Ministers Fortescu p. 84. impose any Tallages or other Burdens on his Subjects or alter their Laws or make new Laws without Assent of the whole Kingdom in Parliament CHAP. III. Of the Power and Authority of Parliaments THE Parliamentary Power Hollinsh Vol. 1. p. 173. as it is in the Legislative Capacity consisting of the Agreement and Act of all the three Estates King Lords and Commons to make it Binding it imports no
Burgesses of the said High Court have had used c. Vide ante 176. That every Person which hereafter shall be elected a Knight Stat. 5. Eliz. c. 1. Knights Citizens c. before their sitting in Parliament to take the Oath of Supremacy before the Lord Steward or his Deputies and for the contrary to lose their Memberships and incur such Penalties as if they had sat without Election Return c. Citizen or Burgess or Baron for any of the Five Ports for any Parliament or Parliaments hereafter to be holden shall before he enter the Parliament House or have any Voice there openly receive and pronounce the Oath The Oath of Supremacy mentioned in this Act is abrogated by the Stat. 1 W. M. ch 1. and a new one appointed which see ante p. 177. expressed in the Stat. 1 Eliz. ch 1. England commonly called the Oath of Supremacy before the Lord Steward of the Queen's Houshold or his Deputy or Deputies for that Time to be appointed and that he which shall enter into the Parliament House without taking the said Oath shall be deemed no Knight Citizen Burgess nor Baron for that Parliament nor shall have any Voice but shall be to all Intents Constructions and Purposes as if he had never been returned nor elected Knight Citizen Burgess or Baron for that Parliament and shall suffer such Pains and Penalties as if he had presumed to sit in the same without Election Return or Authority That all and every the Knights Citizens Stat. 7. Jac 1. c. 6. Knights Citizens c. at any Parliament or Sessions to take the Oath of Allegiance before the Lord Steward c. ere they be permitted to sit Burgesses and Barons of the Five Ports of the Commons House of Parliament at any Parliament or Session of Parliament before he or they shall be permitted to enter into the said House shall make take and receive the Oath of Obedience mentioned in the Statute of 3 Jac. 1. ch 4. commonly called the Oath of Allegiance The Oath of Allegiance mentioned in this Act is abrogated by the Stat. of 1 W. M. c. 1. as aforesaid post 198. before the Lord Steward of the King's Houshold his Deputy or Deputies That none which shall be a Member of the House of Commons England shall vote in the said House St. 30 C. 2. c. 1. Members of the House of Commons shall not vote or sit there during any Debate after their Speaker chosen until they have taken the Oaths of Allegiance and Supremacy and subscribed the Test between Hours of 9 and 4 in a full House or sit there during any Debate in the said House after their Speaker is chosen until such Member shall first take the several These Oaths are abrogated by Stat. 1 W. M. c. 1. Oaths of Allegiance and Supremacy and make subscribe and audibly repeat the Declaration in this Act contained commonly called the Test which said Oaths and Declaration shall be in this and every succeeding Parliament solemnly and publickly made and subscribed betwixt the Hours of Nine in the Morning and Four in the Afternoon by every such Member at the Table in the Middle of the said House and whilst a full House of House is there duly sitting with their Speaker in his Chair and that the same be done in the House in such-like Order or Method as the House is called over by If any Member of the House of Commons shall presume to do any thing contrary to this Act Members acting contrary shall be adjudged Popish Recusants convict and suffer as such and be disabled to hold any Office or Place of Profit or Trust in England or is Dominions to sit or vote in Parlia ment bring any Action or Information at Law or Suit in Equity be Guardian of any Child Executor or Administrator of any Person or capable of any Legacy or Deed of Gâ—â— and forfeit 500 l for every Offence to any that will sue by Action of Debt c. where no Essoign c. every Member so offending shall from thenceforth be deemed and adjudged a Popish Recusant Convict to all Intents and Purposes and shall forfeit and suffer as a Popish Recusant Convict and shall be disabled to hold or execute any Office or Place of Profit or Trust England Civil or Military in any of His Majesty's Realms of England or Ireland Dominion of Wales or Town of Berwick upon Tweed or in any of His Majesty's Realms Islands or Foreign Plantations to the said Realms belonging and shall be disabled to sit or vote in Parliament or to sue or use any Action Bill Plaint or Information in course of Law or to prosecute any Suit in any Court of Equity or to be Guardian of any Child or Executor or Administrator of any Person or capable of any Legacy or Deed of Gift and shall forfeit for every wilful Offence against this Act the Sum of 500 l. to be recovered or received by him or them that will sue for the same and to be prosecuted by any Action of Debt Suit Bill Plaint or Information in any of His Majesty's Courts at Westminster where no Essoign Protection or Wager of Law shall lie It shall be lawful to and for the House of Commons as often as they shall see Occasion Members obliged to take the said Oaths and subscribe the Test in the House as often as the House shall think fit and Members acting contrary and presuming to sit incapacitated during that Parliament to order or cause all or any of the Members of Parliament openly in their House to take the said Oaths England and to make and subscribe the said Declaration at such Times and in such Manner as they shall appoint And if any Member of the House of Commons shall contrary to such Order made by their House wilfully presume to sit therein without taking the said Oaths and making and subscribing the said Declaration every such Member so presuming to sit shall be adjudged and is declared to be uncapable and disabled in Law to all Intents and Purposes to sit in the said House or give any Voice therein during that Parliament And in Case any Member of the House Such Members Election declared void and the Speaker by Order of the House to issue his Warrant for a new Election shall by virtue of this Act be disabled to sit or vote in the House then without any further Conviction or other Proceedings against such Member the Place for which he was elected is hereby declared void and a new Writ shall issue out of Chancery by Warrant from the Speaker and by Order of the said House for the Election of a new Member in the Place of such Member so disabled to all Intents and Purposes as if such Member or Members were naturally dead c. During the taking the Oaths and subscribing the Test all other Proceedings in Parliament to cease and the Oath Declaration and Subscription with a Schedule of the Names of the Persons taking and
subscribing them England to be entred and filed in Parchment Rolls provided by the Clerk of the House and each Member to pay only 12 d. for every such Entry That the said Act 30 Car. 2. Stat. 1 W. M. c. 1. Members of the House of Commons qualified to sit and vote by taking the Oaths of Allegiance and Supremacy appionted by this Act instead of the old ones now repealed and by subscribing the Test according to the Limitations c. of the preceding Statute 30 Car. 2 and all other Acts of Parliament as to so much of the said Act or Acts only as concerns the taking the Oaths of Supremacy and Allegiance or either of them in the said Acts respectively mentioned by any Member or Members of the House with relation to their sitting and voting in Parliament are hereby repealed to all Intents and Purposes any Thing in the said recited Act or Acts to the contrary And In all future Parliaments the Oaths in this Act mentioned and the Declaration in the Act 30 Car. 2. mentioned shall be taken made subscribed and repeated by every Member of the House within the Time and in the same Manner and Form and under the Penalties and Disabilities as the said Oaths of Allegiance and Supremacy and the said Declaration by the said Act of Car. 2. are limited ordained and appointed and not at any other Time England or in any other Manner to enable them to sit and vote in Parliament any Thing in the said Act or Acts to the contrary That Elections of Members of Parliament ought to be Free Stat. 1 W. M. c. 2. The claim of Right That the Freedom of Speech and Debates on Proceedings in Parliament ought not to be impeached or questioned in any Court or Place out of Parliament Enacted accordingly That no Member of the House of Commons shall at any Time be concerned directly or indirectly Sta. 5 6 W. M. ch 7. Members of the House of Commons to be no ways concerned in Duties or Aids to be granted by Parliament except Commissioners of the Treasury Customs Excise and Land Tax or any other in Trust for him in the farming collecting or managing any of the Duties or other Aids that hereafter shall be granted by Act of Parliament except the Commissioners of the Treasury and the Officers and Commissioners for managing the Customs and Excise not exceeding the present Number in each Office and Commissioners of the Land Tax Quere the Novelty of this Exception That any Member or Members of the House of Commons Stat. 5 6 W. and M. c. 20. Members of the House of Commons may be Members of the Bank may be a Member or Members of the Corporation of the Governor and Company of the Bank of England England That o Collector Supervisor Gauger or other Officer or Person whatsoever concerned or imployed in the charging levying or managing the Duties of Excise or any Branch or Part thereof shall by Word Officers of the Excise not to intermedle c. Message or Writing or in any other Manner endeavour to persuade any Elector to give or dissuade any Elector from giving his Vote for the Choice of any Person to be a Knight of the Shire Citizen Burgess or Baron of any County City Borough or Cinque-Port and every Officer or other Person offending therein shall forfeit the Sum of 100 l. one Moiety thereof to the Informer the other Moiety to the Poor of the Parish where such Offence shall be committed to be recovered by any Person that shall sue for the same by Action of Debt Bill Plaint or Information in any of their Majesties Courts of Record at Westminster in which no Essoign Protection Privilege or more than one Imparlance shall be allowed and every Person convict on Suit of the said Offence shall be for ever incapacitated to bear any Office or Place of Trust under the Crown That no Persons hereafter to be elected to serve in Parliament for any County City Town England Borough St. 7. W. 3. c. 4. No Persons to be elected after the Teste of the Writ shall by themselves or any other at their charge before the Election give promise or oblige themselves to give any thing to any Person having a Vote in particular or to any County or Place in general in order to be elected Port or Place within the Kingdom of England Dominion of Wales or Town of Berwick upon Tweed after the Teste of the Writ of Summons or after the Teste or issuing out or ordering of the Writ or Writs of Election upon the calling or summoning of any Parliament or after any such Place becomes vacant shall or do hereafter by himself or themselves or by any other Ways or Means on his or their Behalf or at his or their Charge before his or their Election in England Wales or Berwick directly or indirectly give present or allow to any Person having Voice or Vote in such Election any Money Meat Drink Entertainment or Provision or make any Present Gift Reward or Entertainment or shall make any Promise Agreement Obligation or Engagement to give or allow any Money Meat Drink Provision Present Reward or Entertainment to or for any such Person in Particular or to any such County City Town Borough Port or Place in general or to or for the Use Advantage Benefit Imployment Profit or Preferment of any such Person or Place in Order to be elected England or for being elected to serve in Parliament for such County City Town Borough Port or Place And that every Person so giving presenting or allowing Such Persons so giving promising c. disabled to serve as never elected or returned making promising or engaging doing acting or proceeding shall be and are hereby disabled and incapacitated upon such Election to serve in Parliament for such County City Town Borough Port or Place and shall be deemed and taken no Member in Parliament and shall not act sit or have any Vote or Place in Parliament but shall be and are to all Intents Constructions and Purposes as if they had been never returned or elected c. That all false Returns willfully made of any Knight of the Shire Stat. 7 and S. W. 3. c. 7. continued by St. 12. 13. W. 3. c. 5. False Returns of Knights Citizens c. illegal and prohibited Citizen Burgess Baron of the Cinque-Ports or other Member to serve in Parliament are against Law and are hereby prohibited The Party grieved by any false return An Action given to any duly elected against the Officer and Procurer of a false Return or Return contrary to the last determination of the Kight of Election in any Court at Westminster with double Damages and full Costs and contrary to the last Determination of the Right of Election of the House of Commons which is also adjudg'd a false Return to wit every Person that shall be duly Elected to Parliament for any County City Borough Cinque-Port or Place England by such false Return may Sue
the County of Southampton Candidates for the County of Southampton may demand of the Sheriff after the end of the Poll at Winchester an Adjournmens to Newport in the Isle of Wâ—ight or his Deputy at the request of one or more of the Candidates for Election of a Knight or Knights for that County shall adjourn the Poll from Winchester after every Freeholder then and there present is Polled England to Newport in the Isle of Wight for the Ease of the Inhabitants of the said Island any thing in this Act contained to the contrary No Person which shall refuse to take the Oaths of Allegiance and Supremacy St. 7 8 W. 3. c. 27. Candidates may require the Sheriff or Chief Officer on the Poll at any Election to administer the Oaths of Allegiance and Supremacy to Electors and if Quakers the Declaration of Fidelity and on refusal not to admit them to Vote directed by an Act made in the First Year of His present Majesty and the late Queen Mary or being Quakers shall refuse to subscribe the Declaration of Fidelity directed by one other Act made in the said First Year of His present Majesty and the late Queen to be administred on the Poll by the Sheriff or Chief Officer at any Election at the Request of any one of the Candidates shall be admitted to give any Vote for the Election of any Knight of the Shire Citizen Burgess or Baron of the Cinque-Ports to serve in Parliament Enacted St. 11. 12. W. 3. c. 2. Members of the House of Commons while such by themselves Deputies or Trustees taking or executing any Office in the Excise or Appeals thereof declared incapable of sitting c c. That if any Member of the House of Commons during the time of his being a Member of Parliament by his Deputy or any other in trust for him or his benefit take enjoy or execute any Office Place or Imployment touching or concerning the farming managing or collecting the Duty of Excise or determing Appeals concerning the said Duty or comptrolling or Auditing the Accompts of the same such Person is hereby declared and enacted to be absolutely uncapable of siting voting or acting as a Member of the House of Commons in such Parliament That after the Limitation of the Crown to the Princess Sophia of Hanover St. 12 and 13 W. 3. c. 2. For the Limitation of the Crown to the House of Hanover by this Act shall take effect no Person born out of the Kingdoms of England Scotland or Ireland or the Dominions thereunto belonging although he be naturaliz'd or made a Denizen except such as are born of English Parents shall be capable to be a Member of the House of Commons Enacted Members of the House of Commons incapacitated from being Commissioners or Farmers of the Customs or to hold in their own or others Names or by others in trust or execute by Deputies any Office in the Customs c. That no Member of the House of Commons shall be capable of being a Commissioner or Farmer of the Customs or of holding or enjoying in his own Name or in the Name of any other Person in Trust for him or for his Use or Benefit or of Executing by himself or his Deputy any Office Place or Employment touching or concerning the Farming Collecting or Managing the Customs Vide ante of Officers of the Excise If any Member of the House of Commons shall Members while such so taking or executing any such Office declared incapable of sitting c. during the time of his being a Member of Parliament by himself or his Deputy or any other in Trust for him or for his Benefit take enjoy or execute any Office Place or Employment touching or concerning the Farming Managing or collecting the Customs such Person is hereby declared and enacted to be absolutely incapable of Sitting Voting or Acting as a Member in such Parliament Enacted St. 1â— 14 W. 3. c. 6. Members of the House of Commons not to vote or sit there during any Debate after their Speaker chosen until they have taken and subscribed the Abjuration between 9 and 4 in a full House c. That none which shall be a Member of the House of Commons shall Vote in the House of Commons or Sit there during any Debate in the said House of Commons after their Speaker is chosen until such Member shall from time to time take the Oath mentioned in this Act commonly called the Abjuration and altered by Statute 1 Annae ch 22. again by Stat. 4 5 Annae ch 8. again by Stat. 6 Annae ch 7. And subscribe the same in manner following that is to say the said Oath shall be in this and every other succeeding Parliament solemnly and publickly made and subscribed between the Hours of Nine in the Morning and Four in the Afternoon by every such Member of the House of Commons at the Table in the middle of the said House and whilst a full House is there duly Sitting with their Speaker in his Chair And If any Member shall presume to Vote Members voting not having so taken c. the said Oath adjudged Popish Recusants convict and forfeit as such and disabled to hold any Office or Place of Profit or Trust in England or its Dominions to sit or vote in Parliam bring any Action or Information at Law or Suit in Equity be Guardian of any Child Executor or Administrator of any Person or capable of any Legacy or Deed of Gift and to forfeit 500 l. to any that will sue by Action of Debt c. where no Essoign c. shall lie not having taken the said Oath and subscribed the same as aforesaid he shall from thence be deemed and adjudged a Popish Recusant convict to all Intents and Purposes and shall forfeit and suffer as a Popish Recusant convict and shall be disabled to hold or execute any Office or Place of Profit or Trust Civil or Military in England Ireland Wales or in any of the Islands or Plantations belonging and shall be disabled from thenceforth to sit or Vote in Parliament or to use any Action Bill Plaint or Information in course of Law or to prosecute any Suit in Equity or to be Guardian of any Child or Executor or Administrator of any Person or capable of any Legacy or Deed of Gift and shall forfeit for every wilful Offence against this Act 500 l. to be recovered and received by him or them that shall Sue by any Action of Debt Suit Bill Plaint or Information in any Court at Westminster wherein no Essoign Protection or Wager of Law shall lie That no Register for the Registering Memorials of Deeds Stat. 2. 3 Annae c. 4. The Register for the West-Riding of York or his Deputy incapacitated Vide post p. 218. Conveyances and Wills within the West-Riding in the County of York or his Deputy for the Time being be capable of being chosen a Member to Parliament That no Person St. 4 5 Annae c. 8
Great Britain or of Commissioners for choosing Burgesses in Scotland to administer the Abjuration upon Oath or Affirmation to Quakers and Electors refusing it incapable to vote or being a Quaker shall refuse to declare the Effect thereof upon his solemn Affirmation as directed by an Act of Parliament made 7 W. 3. to be administred by the Sheriff President of the Meeting or chief Officer taking the Poll at any Election of Members to serve in the House of Commons for any Place in Creat Britain or Commissioners for choosing Burgesses for any Place in Scotland at the Request of any Candidate or other Person present shall not be capable of giving any Vote for any Election of any such Member to serve in the House of Commons for any Place in Great Britain or Commissioner to choose a Burgess for any Place in Scotland That no Register for the Registring Memorials of Deeds St. 6 Ann. c. 35. The Register for the East-Riding of Torâ—shire c. or his Deputy incapacitated Conveyances Wills c. within the East-Riding of the County of York or the Town and County of Kingston upon Hull or his Deputy for the Time being be capable of being chosen a Member to serve in Parliament Vide ante 212. That no Person shall be capable to sit or vote as a Member of the House of Commons St. 9 Ann. Persons incapacitated to sit or vote in the House of Commons who have not an Estate Freehold or Copyhold for Life or greater in England of 600 l. for a Knight of the Shire manfully and 300 l. for a Citizen Burgess c. and if any such elected c. the Election c. void for any County City c. within that Part of Great Britain called England c. who shall not have an Estate Freehold or Copyhold for his own Life or for some greater Estate either in Law or Equity to his own Use in Lands Tenements or Hereditaments above what will satisfy and clear all Incumbrances within that Part of Great Britain called England c. of the annual Value of six hundred Pounds above Reprizes for every Knight of a Shire and of three hundred Pounds above Reprizes for every Citizen Burgess c. And if any Persons elected or returned to serve in any Parliament as a Knight of a Shire or as a Citizen Burgess c. shall not at the Time of such Election and Return be seized of or intituled to such an Estate before required such Election and Return shall be void Nothing in this Act contained shall extend to make the eldest Son or Heir Apparent of any Peer or Lord of Parliament Eldest Son or Heir Apparent of a Peer or Person qualified to serve as a Knight of a Shire excepted Universities in England also excepted or of any Person qualified by this Act to serve as Knight of a Shire uncapable of being elected and returned and sitting and voting as a Member of the House of Commons Nor extend to either of the Universities in that Part of Great Britain called England but that they may elect and return Members to represent them in Parliament as heretofore they have done No Person shall be qualified to sit in the House of Commons No Person qualified by Virtue of a Mortgage unless in Possession of the mortgaged Premisses for seven Years before his Election by virtue of any Mortgage whereof the Equity of Redemption is in any other Person unless the Mortgagee shall have been in Possession of the mortgaged Premisses for seven Years before the Time of his Election Every Person except as aforesaid who shall appear as a Candidate Candidates to be sworn to their Estates if required by any other Candidate or two Electors or shall by himself or any others be proposed to be elected shall upon Request at the Time of such Election or before the Day to be prefixed in the Writ of Summons for the Meeting of the Parliament by any other Person who shall stand Candidate at such Election or by any two or more Persons having Right to vote at such Election take a Corporal Oath in the Form in this Act contained which see ante The respective Oaths aforesaid shall be administred by the Sheriff or Under-Sheriff Before the Sheriff or other Officer by whom the Poll is to be taken or Return made or 2 or more Justices of the Peace The Election and Return of Candidates refusing to take the Oath void for any County or by the Mayor Bailiff or other Officer or Officers for any City Burrough c. to whom it shall appertain to take the Poll or make the Return at such Election or by any two or more Justices of the Peace within England c. And if any of the said Candidates c. shall wilfully refuse to take the Oath the Election and Return of such Candidate or Person shall be void That from and after the Determination of this present Parliament 2 St. 12 Ann. No Conveyance or Right whereon Infeoffment is not taken and Seisin registred a Year before the Teste of the Writs shall intitle the Person to be elected in any Shire or Stewartry in Scotland The like as to Inoffments not taken a Year before the Date of the Warrant for a new Writ during 〈◊〉 Continuance of a Parliament Any Elector present suâ—pecting Persons to have Estates in Trust may require the Praeses of the Meeting to swear such to their Estates no Conveyance or Right whereupon Infeoffment is not taken and Seisin registrated one Year before the Teste of the Writs for calling a new Parliament shall upon Objection made in this Behalf intitle the Person so infeost to be elected at that Election in any Shire or or Stewartry in Scotland and in case any Election happen during the Continuance of a Parliament no Conveyance or Right whatsoever whereupon Infeoffment is not taken One Year before the Date of the Warrant for making out a new Writ for such Election shall upon Objection made in that Behalf intitle the Person so Infeoft to be elected at that Election and that it shall be lawful for any of the Electors present suspecting any Person or Persons to have his or their Estates in Trust and for Behoof of another to require the Praeses of the Meeting to tender the Oath in this Act contained intituled The Form of the Freeholders c. Oath to be taken upon Objection made by Stat. 12. Annae and is the same mutatis mutandis to any Elector and the said Praeses is required to administer the same In case such Elector Electee Q. refuse to Swear On Refusal to swear and subscribe the Oath incapable to be elected Stat. 1 G. 1. c. 13. and also to subscribe the said Oath such Person or Persons shall not be capable of being Elected at such Election That after the 29th of September 1715 no Person that now is or hereafter shall be a Member of the House of Commons shall Vote in the House of Commons or
and Time to Time without any further or other Adjournment without the Consent of the Candidates until all the Free-holders then and there present shall be polled England Every Sheriff Under-Sheriff Mayor Sheriffs Mayors c. to deliver to any Person desiring it a Copy of the Poll paying reasonably for writing it Sheriffs Mayors c. for every wilful Offence contrary to this Act forfeits to each Party grieved 500 l. to be recovered by him his Executors c. with full Costs by Action of Debt c wherein Essoign c. to be allowed Bailiff and other Officer to whom the Execution of any Writ or Precept shall belong for the electing Members to serve in Parliament shall forthwith deliver to such Person or Persons as shall desire the same a Copy of the Poll taken at such Election paying only a reasonable Charge for writing the same and every Sheriff Under-Sheriff Mayor Bailiff and other Officer to whom the Execution of any Writ or Precept for electing of Members doth belong for every wilful Offence contrary to this Act shall forseit to every Party so aggrieved the Sum of five hundred Pounds to be recovered by him or them his or their Executors or Administrators together with full Costs for which he or they may sue by Action of Debt Bill Plaint or Information in any Court at Westminster wherein no Essoign Protection Wager of Law Privilege or Imparlance shall be allowed Every Return of any Person under the Age of twenty one Years The Return of any Person chosen under 21 Years void is hereby declared to be null and void All County Courts for the County of York or any other County Courts England which heretosore used to be held on a Monday County Courts for Yorkshire and others used to be held on a Menday to be called and held on a Wednesday shall be called and begun upon a Wednesday and not otherwise any Custom or Usage to the contrary The Sheriff of the County of Southampton Sheriff c. of Hampshire at the Request of any Candidate to adjourn after the End of the Poll at Winchester to Newgate in the Isle of Wight or his Deputy at the Request of one or more of the Candidates for Election of a Knight or Knights of that County shall adjourn the Poll from Winchester after every Frecholder then and there present is polled to Newport in the Isle of Wight for the Ease of the Inhabitants of the said Island any thing in this Act to the contrary That no Person which shall refuse to take the Oaths of Allegiance and Supremacy directed by an Act made in the first Year of His present Majesty and the late Queen Mary St. 7 8. W. 3. c. 27. Sheriffs c. on the Poll at any Election to administer the Oaths of Allegiance and Supremacy to Electors and if Quakers the Declaration of Fidelity at the Request of any Candidate and on Refusal not to admit them to vote or being Quakers shall refuse to subscribe the Declaration of Fidelity directed by one other Act of Parliament made in the said first Year of the Reign of His present Majesty and the late Queen which Oaths and Subscription respectively the Sheriff or chief Officer taking the Poll England at the Request of any one of the Candidates are required to administer shall not be admitted to give any Vote for the Election of any Knight of the Shire Citizen Burgess or Baron of the Cinque-Ports to serve in Parliament That the Sheriff or other Officer having the Execution and Return of any Writ to Parliament St. 10 11 W. 3. c. 7. Sheriffs c. by themselves or Deputies on or before the Day any Parliament shall called to meet and not exceeding fourteen Days after any Election made to make his Return to the Clerk of the Crown c. shall on or before the Day that any suture Parliament shall be called to meet and with all convenient Expedition not exceeding fourteen Days after any Election made by virtue of any new Writ either in Person or by his Deputy make Returns of the same to the Clerk of the Crown in Chancery to be by him filed c. and pay to the Clerk of the Crown 4 s. for every Knight of the Shire and 2 s. for every Citizen Burgess c. which the Sheriff c. shall charge to the King and have allowed upon his Account See the Stat. c. 7 8. W. c. 25. p. 107. The proper Officer of the Cinque-Ports shall be allowed six Days from the Receipt of such Writ for the Delivery very of the Precept according to the Purport of the Act 7 and 8 W. III. G. Britain c. 25. any thing in the said Act or any other Law Statute or Usage to the contrary Every Sheriff or other Officer aforesaid who shall not make the Returns according to the true Intent and Meaning of this Act Sheriffs c. not making Returns accordingly to forfeit for each Offence 500 l. one Moiety to the King the other to him that will sue by Action of Debt c. wherein no Essoign c. to be allowed and but one Imparlance shall forfeit for every such Offence the Sum of 500 l. one Moiety to His Majesty and the other Moiety to him or them that will sue for the same to be recovered by Action of Debt Bill Plaint or Information in any Court at Westminster wherein no Essoign Protection or Wager of Law allowed nor more than one Imparlance That when any Parliament shall hereafter be summoned or called St. 6. Annae c. 6. Writs to issue to the respective Sheriffs or Stewarts for choosing the 45 Representatives of Scotland to Parliament Sheriffs c. thereon forthwith to give Notice of the Time of Election for the Shires Clerks of the Meetings forthwith to return the Names of the elected to the Sheriff who is to annex and return it with his Writ the Forty five Representatives of Scotland in the House of Commons in the Parliament of Great Britain shall be elected and chosen by Authority of the Queen's Writs under the great Seal of Great Britain directed to the several Sheriffs and Stewarts of the respective Shires and Stewartries and the said several Sheriffs and Stewarts shall on Receipt of such Writs forthwith give notice of the Time of Election for the Knights or Commissioners for their respective Shires or Stewartries G. Britain And the Clerks of the said Meetings immediately after the said Elections are over shall respectively return the Names of the Persons elected to the Sheriff or Stewart of the Shire or Stewartry who shall annex it to his Writ and return it with the same into the Court out of which the Writ is issued And as to the Manner of Election of the fifteen Representatives of the Royal Boroughs Sheriff of Edinburgh on Receipt of his Writ forthwith to direct his Precept to the Lord Provost for electing the Burgess for that City Common Clerk of Edinburgh to certify the
Name of the elected to the Sheriff who is to annex and return it with the Writ the Sheriff of the Shire of Edinburgh shall on Receipt of the Writ directed to him forthwith direct his Precept to the Lord Provost of Edinburgh to cause a Burgess to be elected for that City and their Common Clerk shall certify the Name of the Member elected to the Sheriff of Edinburgh who shall annex it to his Writ and return it with the same into the Court from which the Writ issued And as to the other Royal Burghs divided into fourteen Classes or Districts Sheriffs c. in like Manner to direct their Precepts to the Royal Burghs for the electing a Commissioner for each and the Commissioners of each District to meet at the presiding Borough by name for each District on the thirtieth Day after the Teste of the Writ unless Sunday and then Menday to their Burgess Common Clerk of such presiding Borough forthwith to return the Name of the elected to the Sheriff c. in whose Shire such Borough is who is to annex and return it with his Writ Like Method to be taken by Sheriffs c. in Case of Vacancy in Parliament Time by Decease or Incapacity of a Member and if for a Burgh the presiding Burgh at the first to preside at the new Election the Sheriffs or Stewarts of the several Shires and Stewarties shall G. Britain on the Receipt of their several Writs forthwith direct their several Precepts to every Royal Burgh within their respective Shires or Stewartries reciting therein the Contents of the Writ and the Date thereof and commanding them forthwith to elect each of them a Commissioner as they used formerly to elect Commissioners to the Parliament of Scotland and to order the said respective Commissioners to meet at the presiding Borough of their respective District naming the said presiding Borough upon the thirtieth Day after the Day of the Teste of the Writ unless it be upon the Lord's Day and then the next Day after and then to choose their Burgess for the Parliament And the Common-Clerk of the then presiding Borough shall immediately after the Election return the Name of the Person so elected to the Sheriff or Stewart of the Shire or Stewartry wherein such presiding Borough is who shall annex it to his Writ and return it with the same into the Court from whence the Writ issued And in case a Vacancy shall happen in Time of Parliament by the Decease or legal Incapacity of any Member a new Member shall be elected in his Room G. Britain conformable to the Method herein before appointed and in Case such a Vacancy be of a Representative for any one of the said fourteen Classes or Districts of the said Royal Boroughs that Borough which presided at the Election of the deceased or disabled Member shall be the presiding Borough at such new Election Provided always that upon the issuing of the Writs of Summons for the electing of a Parliament if any Shire or Stewartry where a Royal Borough is In Writs to Sheriffs the Election of a Knight to be omitted if the Shires where a Royal Burgh is have not then a Turn to elect hath not then a Turn or Right to elect a Commissioner or Knight of the Shire or Stewartry for that Parliament that then it shall be omitted out of the Writ c. That every Person who shall refuse to take the Oath of Abjuration or being a Quaker St. 6 An. ch 23. Sheriffs Presidents of Meetings c. on the Poll at any Election of Members of Parliament for Great Britain or of Commissioners for choosing Burgesses for Scotland at the Request of any Candidate or others to administer the Abjuration Oath or Affirmation to Quakers and Electors refusing it disabled to vote shall refuse to declare the Effect thereof upon his solemn Affirmation as directed by an Act made 7. W. 3. which Oath or Declaration the Sheriff President of the Meeting or chief Officer taking the Poll at any Election of Members for any Place in Great Britain G. Britain or Commissioners for choosing Burgesses for any Place in Scotland at the Request of any Candidate or other Person present at such Election which they are to administer shall not be capable of giving any Vote for the Election of any such Member for any Place in Great Britain or Commissioner to choose a Burgess for any Place in Scotland Enacted St. 9 An. ch 5. Candidate to be sworn to his Estate if required by any other Candidate or two Electors That every Person except the eldest Son or Heir Apparent of a Peer or of a Person qualified by this Act to serve as Knight of a Shire or such as shall be elected for each of the Universities of England shall upon Request at the time of the Election or before the Day to be prefixed in the Writ of Summons for the Meeting of any Subsequent Parliament by any other Person who shall stand Candidate at such Election or by any two or more Persons having a Right to Vote at such Election take a Corporal Oath in the Form in this Act contained Vide aute The respective Oaths aforesaid shall be administred by the Sheriff or Under-Sheriff for any County G. Britain or by the Mayor Bailiff The Oaths to be administred by the Sheriff or other Officer by whom the Poll is to be taken and Return made or two or more Justices of the Peace Who are to certify the same into the Chancery or Queen's Bench within 3 Months under 100 l. Forfeiture to be recovered by Action of Debt c. half to the Queen and half to him that sues with full Costs or other Officer or Officers for any City Borough c. to whom it shall appertain to take the Poll or make the Return at such Election or by any two or more Justices of the Peace within England c. and the said Sheriff Mayor Bailiff or other Officers and the said Justices of the Peace respectively are hereby required to certify the taking thereof into Chancery or the Queen's Bench within three Months after the taking the same under the Penalty of forfeiting one hundred Pounds one Moiety to the Queen and the other to such Person or Persons as will sue for the same to be recovered with full Costs by Action of Debt Bill Plaint or Information in any Court of Record at Westminster No Fee or Reward shall be taken for administring any Oath or making 1 s. only to be paid for the Oath 2 s. for making and 2 s. for filing the Certificate under 20 l. Forfeiture to be recovered and divided as above receiving or filing the Certificate thereof except one Shilling for administring the Oath and two Shillings for making the Certificate and two Shillings for receiving and filing the same under the Penalty of twenty Pounds to be forfeited by the Offender G. Britain and to be recovered and divided as aforesaid That upon every Election to
be made of a Knight of a Shire within England St. 10. An. ch 23. Sheriff c. to swear each Freeholder if by any Candidate or Voter required Sheriff c. shall enter the Place of the Elector's Freehold of his Abode and Jurat against the Name of every Voter sworn and with in twenty Days after the Elections deliver the Poll-Books upon Oath to he Clerk of the Peace c. every Free-holder before he is admitted to Poll shall if required by the Candidates or any of them or any other Person having a Right to Vote first take the Oath in this Act contained which Oath the Sheriff c. is to administer And in taking the Poll the Sheriff c. shall enter not only the Place of the Elector's Freehold but also the Place of his Abode and Jurat against the Name of every Voter who shall be tender'd and take the Oaths hereby required and the Sheriff or returning Officer shall within twenty Days after such Election deliver over upon Oath to be administred by the two next Justices of the Peace one of the Quorum unto the Clerk of the Peace of the same County all the Poll-Books of such Elections and in Counties where there are more than one Clerk of the Peace the Original to one and attested Copies to the rest to be kept among the Records of the Sessions of the Peace for the County And of an Act 7 Guil. III. Intituled G. Britain An if any Quaker Sheriff c. to admit any Quaker to vote during the Act 7 W. 3. and accept his Affirmation to the Effect of the Oath according to the said Act instead thereof and enter Affirmat against the Name of such Quaker during the Continuance of an Act 7 Guil. III. Intituled An Act that the solemn Affirmation and Declaration of the People called Quakers shall be accepted instead of an Oath in the usual Form shall upon such Election if required by the Candidates or any of them declare the Effect of the said Oath upon his solemn Affirmation in such Manner and Form as is directed by the said Act every such Quaker shall be capable and admitted to give his Vote for the Election of any such Member within England and every Sheriff c. is hereby authorized and required to accept such Affirmation instead of the said Oath and shall enter Affirmat against the Name of every such Quaker That any of the Electors present 2 St. 12 Annae Praeses of the Meeting upon Request of any Elector of a Shire or Stewartry in Scotland to swear either Elector or Candidate to their Estates suspecting any Person or Persons either Electors or Candidates for Shires or Stewartries in Scotland to have his or their Estates in Trust and for the Behoof of another may require the Praeses to the Meeting to tender the Oath in this Act contained and the said Praeses is required to administer the same Returning Officers are ordained to make their Returns of the Persons elected by the Majority of the Freeholders inrolled G. Britain and those admitted by them Returning Officers to return Persons elected by a Majority of Freeholders in rolled and those admitted by them with Liberty of objecting c. reserving always the Liberty of objecting against the Persons admitted to or excluded from the Poll as formerly All Sheriffs of Shires and Stewarts of Stewartries shall Sheriffs and Stewarts under 50 l. Penalty half to the Queen half to him that sues before the Court of Session c. to make publick Intimation at the Parish Churches within their Jurisdictions three Days before the Diet of Elections under the Pain of 50 l. Sterling one Moiety whereof shall be to the Queen Her Heirs and Successors and the other to the Person or Persons who shall sue for the same to be recovered before the Court of Session by any Action summarily without abiding the Course of the Roll make the publick Intimations required by the Laws of Scotland at the several Parish Churches within their respective Jurisdictions at least three Days before the Diet of Elections That the Oath or Affirmation which see ib. the Officer or Officers presiding St. 2 G. 2. ch 4. Presiding Officer to administer the Oath or Affirmation on Forfeiture of 50 l. or taking the Poll at such Election is and are hereby impowered and required to administer gratis if demanded upon Pain to forfeit the Sum of Fifty Pounds of lawful Money of Great Britain G. Britain to any Person that shall sue for the same to be recovered with full Costs by Action of Debt Bill Plaint or Information in any Court of Record at Westminster wherein no Essoign Protection Wager of Law or more than one Imparlance and if the said Offence shall be committed in that Part of Great Britain called Scotland then to be recovered together with full Costs by summary Action or Complaint before the Court of Session or by Prosecution before the Court of Justiciary there for every Neglect or Refusal so to do and no Person shall be admitted to poll till he has taken and repeated the said Oath in a publick Manner in Case the same shall be demanded as aforesaid before the returning Officer or such others as shall be legally deputed by him If any Sheriff Mayor Sheriff or other returning Officer admitting any to be polled before sworn to forfeit 100 l. Bailiff or other returning Officer shall admit any Person to be polled without taking such Oath or Affirmation if demanded as aforesaid such returning Officer shall forfeit One hundred Pounds to be recovered as aforesaid together with full Costs and if any Person shall vote or poll at such Election without having first taken the Oath or if a Quaker having made his Affirmation as aforesaid G. Britain if demanded such Person shall incur the same Penalty Voters to incur the like Penalty Returning Officer after reading the Writ to take the following Oath which the Officer is subject to for the Offence above mentioned That every Sheriff Mayor Bailiff Headborough or other Person being the returning Officer of any Member to serve in Parliament shall immediately after the Reading the Writ or Precept for the Election of such Member take and subscribe the following Oath which see ante Which Oath any Justice or Justices of the Peace of the said County City Corporation or Borough where such Election shall be made or in his or their Absence any Three of the Electors are hereby required to administer and such Oath so taken shall be entred among the Records of the Sessions of such County City Corporation and Borough as aforesaid If any returning Officer Penalty of wilful Perjury Elector or Person taking the Oath or Affirmation herein before mentioned shall be guilty of wilful corrupt Perjury or of false affirming and be thereof convicted by due Course of Law he shall incur and suffer the Pains and Penalties which by Law are enacted or inflicted in Cases of wilful and corrupt Perjury That all
agreed That regularly he cannot be compelled out of Parliament to answer Things done in Parliament in a Parliamentary Course but it is otherwise where Things are done exorbitantly for those are not the Acts of the Court. No Privilege is allowable in Case of the Peace betwixt private Men 2 Nalson 450. much more in Case of the Peace of the Kingdom Privilege cannot be pleaded against an Indictment for any Thing done out of Parliament Ibid. because all Indictments are contra Pacem Domini Regis Privilege of Parliament is granted in regard of the Service of the Commonwealth Ibid. and is not to be used to the Danger of the Commonwealth All Privilege of Parliament is in the Power of Parliament Ibid. and is a Restraint to the Proceedings of other inferior Courts but is no Restraint to the Proceedings of Parliament 16 Car. 1 Resolved Rush 2 vol. 2d Part. 1147. That the Lords voting the propounding and declaring Matter of Supply before it was moved in the House of Commons was a Breach of Privilege of the House Dec. 1641. Resolved 2 Nalson 729. That the setting of any Guards about this House without the Consent of the House is a Breach of the Privilege of this House and that therefore such Guards ought to be dismissed Resolved upon the Question Id. 743. Nemine Contradicente That the Privileges of Parliament were broken by his Majesty's taking Notice of the Bill for suppressing of Soldiers being in agitation in both Houses and not agreed on Resolved upon the Question Ibid. Nemine Contradicente That his Majesty in propounding a Limitation and provisional Clause to be added to the Bill before it was presented to him by the Consent of both Houses was a Breach of the Privilege of Parliament Resolved upon the Question Ibid. Nem. Con. That his Majesty expressing his Displeasure against some Persons for Matters moved in the Parliament during the Debate and Preparation of that Bill was a Breach of the Privilege of Parliament Whereas his Majesty 2 Nalson 823. in his Royal Person the 4th of Jan. 1641. did come to the House of Commons with a great Multitude of Men armed in a warlike Manner with Halberts Swords and Pistols who came up to the very Door of the House and placed themselves there and in other Places and Passages near to the House to the great Terror and Disturbance of the Members then there sitting and according to their Duty in a peaceable and orderly Manner treating of the great Affairs of both Kingdoms of England and Ireland and his Majesty having placed himself in the Speaker's Chair did demand the Persons of divers Members of the House to be delivered unto him It was thereupon declared by the House of Commons Ibid. That the same is a high Breach of the Rights and Privileges of Parliament and inconsistent with the Liberty and Freedom thereof and therefore the House doth conceive they could not with Safety of their own Presons or the Indemnities of the Rights and Privileges of Parliament sit there any longer without a full Vindication of so high a Breach of Privilege and a sufficient Guard wherein they might confide The Lords cannot proceed against a Commoner Sleden's Jud. p. 84. but upon a Complaint of the Commons But Note as to Freedom from Suits and Arrests Stat. 12 13. Wil. 111. that in the Parliament of 12 13 William the Third an Act passed entitled An Act for preventing any Inconveniencies that may happen by Privilege of Parliament Which enacts Sect. I. That any Person may prosecute any Peer of this Realm or Lord of Parliament or any of the Knights Citizens and Burgess of the House of Commons for the Time being or their or any of their menial or other Servants or any other Person entitled to the Privilege of Parliament in any of the Courts of Record at Westminster or high Court of Chancery or Court of Exchequer or the Dutchy Court of Lancaster and in the Court of Admiralty and in all Causes Matrimonal and Testamentary in the Court of Arches the Prerogative Courts of Canterbury and York and the Delegates and in all Courts of Appeal from and after the Dissolution or Prorogation of any Parliament until a new Parliament shall meet or the same be reassembled And from and after any Adjournment of both Houses for above fourteen Days until both Houses shall meet or reassemble And that the said Courts respectively shall and may after such Dissolution Prorogation or Adjournment proceed to give Judgment and make final Orders Decrees and Sentences and award Execution thereon any Privilege of Parliament to the contrary notwithstanding Sect. II. Provides against subjecting the Person of any Knight Citizen or Burgess or any other intitled to the Privilege of Parliament to be arrested during the Time of Privilege Nevertheless allowing the Liberty that any Person having Cause Action or Complaint against any Peer of the Realm or Lord of Parliament so that after any Dissolution Prorogation or Adjournment as aforesaid or and before any Session of Parliament or Meeting of both Houses as aforesaid shall and may have such Process out of the Courts of King's Bench Common Pleas and Exchequer against such Peer or Lord of Parliament as he might have had against him out of the Time of Privilege And if any Person having Cause of Action against any of the said Knights Citizens or Burgesses or any other intitled to Privilege after any such Dissolution Prorogation or Adjournment or before any such Sessions or Meeting of both Houses ut supra he shall and may prosecute such Knight Citizen or Burgess or other such privileged Person in the said Courts of King's Bench Common Pleas or Exchequer by original Bill and Summons Attachment and Distress infinite out of the same Courts who are respectively impower'd to issue the same against him or them until the Defendant shall enter a Common Appearance or file Common Bail to the Action according to the Course of each Court. And that any Person having Cause of Suit or Complaint may in the Time aforesaid exhibit any Bill of Complaint against any Peer of the Realm or Lord of Parliament or against any Knight Citizen or Burgess or other Person so intitled to Privilege in the Chancery Exchequer or Dutchy Court and proceed thereon by Letter or Subpoena as usual And upon leaving a Copy of the Bill with the Defendant or at his House or Lodging or last Place of Abode may proceed thereon and for Want of an Appearance or Answer or for Non-Performance of any Order or Decree or for Breach thereof may sequester the real or personal Estate of the Party as is used and practised where the Defendant is a Peer of the Realm but shall not arrest or imprison the Body of any of the said Knights Citizens or Burgesses or other privileged Person during the Continuance of Privilege of Parliament Sect. III. That where any Person by reason of Privilege of Parliament is stayed or prevented from prosecuting any Suit
Lex Parliamentaria OR A TREATISE OF THE LAW and CUSTOM OF PARLIAMENTS Just Published Parliamentary and Political TRACTS written by Sir ROBERT ATKINS Knight of the Bath and late one of the Judges of the Court of Common-Pleas Containing I. THE Power Jurisdiction and Privilege of Parliament and the Antiquity of the House of Commons asserted Occasioned by an Information in the King's-Bench by the Atorney-General against the Speaker of the House of Commons II. An Argument in the great Case concerning Election of Members to Parliament between Sir Samuel Barnardiston Plantiff and Sir William Soame Sheriff of Suffolk Defendant in the Court of King's-Bench in an Action upon the Case and afterwards by Error sued in the Exchequer-Chamber III. An Enquiry into the Power of dispensing with Penal Statutes Together with some Animadversions upon a Book writ by Sir Edward Herbert Lord Chief Justice of the Court of Common-Pleas intitled A short Account of the Authorities in Law upon which Judgment was given in Sir Edward Hale's Case IV. A Discourse concerning the Ecclesiastical Jurisdiction in the Realm of England V. A Defence of the late Lord Russels's Innocency by way of Answer or Confutation of a Libellous Pamphet intitled An Antidote against Poison with two Letters of the Author of this Book upon the Subject of his Lordship's Tryal VI. The Lord Russel's Innocence further defended by way of Reply to an Answer intitled The Magistracy and Government of England vindicated VII The Lord Cheif Baron Atkins's Speech to Sir William Ashurst Lord Mayor Elect of the City of London at the Time of his being sworn in their Majesties Court of Exchequer Lex Parliamentaria OR A TREATISE OF THE LAW and CUSTOM OF PARLIAMENTS Shewing their Antiquity Names Kinds and Qualities Of the three Estates and of the Dignity and Excellency of Parliaments their Power and Authority Of the Election of Members of the House of Commons in general their Privilege Qualifications and Duties Of the Electors and their Rights Duties and Manner of Elections Of the Returns to Parliament the Sheriff's and other Officers Duty therein Of the Manner of Election of the Speaker and of his Business and Duty Of the Manner of passing Bills and the Orders to be observed in the House of Commons Of Sessions of Parliament as also of Prorogations and Adjournments Together with the proper Laws and Customs of Parliaments With an APPENDIX of a Case in Parliament between Sir Francis Goodwyn and Sir John Fortescue for the Knights Place for the County of Bucks 1 Jac. I. The SECOND EDITION with Large Additions LONDON Printed for J. STAGG in Westminster-Hall THE PREFACE IT must be confessed that Lex Parliamentaria or Parliamentary Law cannot be meant or intended to signify any Prescription or Application of Laws to that Power which in itself is boundless and unlimited This Collection therefore only shews what Parliaments have done and not what they may or ought to do The Parliament alone can judge of such Matters as concern their own Rights Authorities or Privileges And yet seeing the Phrase Parliamentary Law or Law of Parliaments has for some Ages past obtained Lord Coke Sir Matth. Hales's c. and that too among Authors of great Name I hope the present or any future Parliament will not censure me for a Word misapplied or for endeavouring to illustrate that Authority which is improperly denominated Parliamentary Law The Parliament itself is no doubt properly to be stiled The fundamental Law and Constitution of this Kingdom as it comprehends all Legal Powers whatsoever But as God and Nature influenced the Voice and Desires of the People to this Form of Government by Parliaments so it must be confessed that the same supream Power also influenced their Voices and Desires to establish this Parliamentary Government for the Safety and Preservation of the Governed and thereby constituted the Salus Populi to be the supream Law to whose Support all other Laws Powers and Authorities ought to tend 'Tis for this End Kings are created and for this End Parliaments assemble that so the Polity and Government of the Nation may be administered with Honour and with Safety for the Good of the whole Community Nor can it be denied but that Parliaments in former Times esteem'd it as their most incumbent temporal Duty to oversee recognize and resirain within the Bounds of Law the Commands and Acts of Kings and to take care that that great and honourable Trust reposed in the Hands of the Prince for the Good of the People might be rightly and duly administered and not perverted or abused to the Invasion of their Rights or the Subversion of the Constitution Brac p. 34 Flet p. 2.17 vide hic p. 89. 'Twas the Sense of this Duty of Parliaments induced both Bracton an eminent Judge under King Henry III. and Fleta a learned Lawyer in King Edward I's Time to record this great Duty of Parliaments to succeeding Ages And from this very Motive it was See the Preface to Privilegia Londini p. 6 7. that our antient Parliaments were so cautious as to oblige our Kings to swear at their Coronations Concedere justas Leges quas vulgus elegerit That they would grant such just Laws as the common People should choose See this Oath admirably well explained in Sadler's Rights of the Kingdom Page 71 88 91. c. From all which and much more that may be added I think it clearly appears That both Kings and Parliaments Lords and Commons and all Laws of Government whatsoever were in their first Intention instituted and ordained for the sole Good and Benefit of the People And where-ever all or any of them are perverted from that View they loose the Nature of their first Intention and ought to receive a contrary Denomination And from the foregoing Particulars I at present apprehend that the Lex Parliamentaria or Fundamental Law of Government in this Nation was not originally founded on any Capitulation or Compact between the King and the People as is usually done in Contracts of Bargains and Sales or other Purchases For that would infer a separate Interest between Prince and People But who will say that a British Monarch can by Law have a distinct Interest from his People Also the mutual Obligation that is established between the Prince and People by the Laws of this Kingdom have laid an unsurmountable Bar against any such Capitulation or contracting Project For by the original and inherent Nature of our Government there is such amutual Relation and political Connection created between the King and his People as in that natural Relation and Connection between the Head and the Members of the Body so that in neither Instance can the Head say to the Members I have no need of you c. This mutual Relation between Prince and People seems to have been interwoven in the fundamental Being and impressed in the very Heart of our Constitution c. The Publisher here thinks fit to declare That this Book has
received no little Advantage from a Manuscript of that judicious and learned Judge the late Mr. Justice Price who having been many Years a Member of the House of Commons had made divers curious historical Collections with several Notes and References relating to the Subject Matter hereof And in this Edition the Reader may find collected from authentick Records and Histories all that is necessary to be known touching the Rights and Privileges of Parliaments and in a great Measure the legal Prerogatives of the Prince and just Liberties of the People The CONTENTS CHAP. I. Of Parliaments in general Shewing their Antiquity Names Natures Kinds and Qualities British Saxon c. Ordinarily annual and without Summons Extraordinary on Summons pro arduis c. Of the three Estates Bishops no essential Part excluded elected created by Patent Commons ever represented and how Their Right to a Free Election of all Magistrates c. and Consent to all Aids and Taxes This Right invaded by the Norman Kings William I. and II. Reslored by Henry I. Of English Parliaments in his Time who the Magnates and Barones Regni then were Of Coronation Oaths c. Page 1. CHAP. II. Of the Dignity and Excellency of Parliaments The Supream Power of the Kingdom and when Free Protectors of the People's Rights and Preservers of the legal Government and Constitution Of the three Estates and to what End assembled Lords and Commons anciently sate together The highest Court of Justice c. Page 49. CHAP. III. Of the Power and Authority of Parliaments superior to the Law may judge the Greatest remove evil Ministers redress Grievances of all Kinds Their three Powers viz. Consultive Legislative and Judicial their absolute Power over all Persons c. Page 66. CHAP. IV. and V. Of the Power Authority and Jurisdiction of the House of Peers distinct from the Commons Page 90 101. CHAP. VI. and VII Of the seperate Powers and Authorities of the House of Commons both in general and in particular Cases Page 109 114. CHAP. VIII Shews their Power over their own Members and how executed c. Page 136. CHAP. IX Treats of the Election of Members of the House of Commons in general and of the several Statutes relating thereto Page 149. CHAP. X. Shews who may be Electors and theâ—r Rights Duties and Manner of Election with the Statutes and Oaths referring thereto Page 156. CHAP. XI Who may be elected their Qualifications and Duties c. with such Statutes Oaths c. as concern the same Page 180. CHAP. XII Of the Returns to Parliament and of Amendments of Returns the Sheriffs and other Officers Duty therein with such Statutes and Oaths as relate thereto Page 226 CHAP. XIII and XIV Of the Manner of Election of the Speaker of the House of Commons and of the Business and Duty of the said Speaker Page 263 272. CHAP. XV. and XVI Of Orders to be observed in and by the House of Commons or the Members thereof Page 278 285. CHAP. XVII Of the Manner of passing Bills c. in the said House Page 306. CHAP. XVIII XIX and XX. Concerning Committees in general as also of the Orders Powers and Proceedings of Grand Committees and of Standing Committees c. Page 327 336 341 CHAP. XXI Of Sessions of Parliament what makes a Session as also of Prorogations and Adjournments Page 347 Note CHAP. XXII Of the proper Laws and Customs of Parliament and of Acts and Ordinances Page 358. CHAP. XXIII Of the Privilege of Parliament with the Statutes for regulating it c. Page 379. The APPENDIX being the Case of Sir Francis Goodwyn admitted a Member though returned outlawed c. Concluding with divers additional Pariculars relating to the Privileges and Duties of Parliaments Page 415. Lex Parliamentaria OR A TREATISE OF THE LAW and CUSTOM OF THE PARLIAMENT of England c. CHAP. I. Of Parliaments in General their Definition constituent Parts c. with a brief Inquiry into the Original and Nature of our British Saxon and Norman Parliaments THE Word Parliament Minshew in verbo Parlamt in French Parlement and in Spanish and Italian Parliamento is Spelm. Gloss verbo Debate See Coke on Littl. p. 110.164 in its principal Part deriv'd from the French Parler to speak and as Lord Coke and some Others conceive The General Council or National Assembly of this Kingdom is so call'd Spelm. Gloss in verbo Parlament Hales of Parliaments 122. Elsing of Parliaments 167. 4 Inst 8. Bohun's Collection 353. because every Member thereof should in the Matters there debated Parler la Mente i. e. Freely speak his Mind And tho some Authors have oppugned this Derivation yet tis evident from the very Nature and Essence of a Parliament That every Member thereof ought to speak his Mind freely in what relates to the Publick Welfare And this Freedom of Speech is now constantly claimed by the Speaker of the House of Commons at the first Meeting of every New Parliament and in insisted on as a Claim of Right The Word Parlament is in France now taken for one of those High Courts of Justice in that Kingdom Minshew ut supra See Vincent Lupanus lib. 2 c. Parliament No. 28. wherein Men's Causes and Differences are publickly heard and determined without further appeal Of these Parliaments there are Seven viz. 1. Paris now superiour to the Rest 2. Vide Du Haillan Pasquier c. of the Fr. Parlements Tholouse 3. Grenoble 4. Aix 5. Bourdeaux 6. Dijon 7. Roan whereto some add an 8th viz. Rhenes in Bretaigne But with us in England or rather Great Britain The universal Assembly of all the Estates of the Kingdom i. e. The King Sir Tho. Smith De Repub. Angl. lib. 2. c. 1.2 Lords and Commons wherein every Freeman of the Kingdom is said to be present either in Person or by Representation and who are met together for debating of Matters touching the Commonwealth especially for the enacting of Laws and Statutes is properly called a Parliament Cro. Jur. f. 1. c. Cambd. Brit. 6. c. 4 Inst 1. and such Laws and Statutes when agreed on are significantly term'd Acts of Parliament Indeed various Authors Of the three Estates viz. 1. King Cotton's Records 709.710 4 Inst 1. Hales of Parliaments 1. Finch's Nemotecnia lib. 2. c. 1.2 The Lords Sadler's Rights of the Kingdom p. 79. to 93. Kelway's Reports 184. Stamf. P. Cor. 153. See Bagshaw's Reading p. 17. to 21. have had various Sentiments and even Acts of Parliament differ about the three Estates some alledging the King to be the Head of but not included in the Number assert That the three Estates are 1st The Lords Spiritual 2dly The Lords Temporal And 3dly The Commons but Others more rationally say The King is one of the three Estates which compose the Parliament and that the second Estate is constituted of both the Spiritual and Temporal Lords jointly for say they Tho the Archbishops and Bishops are denominated Spiritual yet they sit in Parliament as Temporal
Vide ante Brig-bote Here-fax Here-geld c. Tho' we may well conclude those Customs and Duties to have been originally granted by Assent of the Commons in a Parliamentary Assembly as 'tis certain Peterpence Danegeld Spelman ib. Horngeld c. were As to Peterpence Idem in Verbo Romascot See Fedus Edvardi and Guthurui c. 6. LL. Edgari c. 4. LL. Caunti c. 15. LL. Hen. 1. c. 12 c. In verbo Subsidium otherwise called Romescot and Romefee whether the same was first granted by King Ina as is generally said or by King Offa as others affirm 'tis plain a Parliamentary Consent was had thereto as the Laws touching the Regulation of the same doe manifestly prove And as to Danegeld c. Sir Henry Spelman says The Danes having oppressed the Land King Egelred i. e. Ethelred in the Year 1007 yeilded i. e. by consent of Parliament to pay them for obtaining Peace 10,000 l. which was after encreased to 36,000 l. then to 113000 l. and lastly to a yearly Tribute of 48,000 l. and for the raising of this Tax Note this Tax appears to have been promoted by some Church-men who tis probable shared the plunder Splem ut Supra every Hyde or Plough Land was charg'd with 12 d. Yearly Church Lands excepted and thereupon twas called Hydage which Name was afterwards apply'd to all Taxes and Subsidies imposed on Lands but if the Tax was laid on Cattle 'twas call'd Horn-geld The Normans says the same Author called these sometimes from the Latin and Greek Word Taxes and sometimes from their own Language Tallagia signifying to cut or divide from as the Word Excise doth at present and sometimes they denominated 'em according to the usual Words beyond Sea Auxilia and Subsidia Ayds and Subsidies and accordingly W. 1. had those Taxes or Tallages and made Laws for the manner of Levying them Vide LL. W. 1. p. 125. Rights of the Kingdom 115. But this also seems to be by pretence or colour of I cannot call it a free Parliament But to return to the Saxons and their manner of granting Aids and Taxes Hist Aethelwerdi Li. 3. we may observe that King Egbert who is generally said to have been the first Monarch of England seems to have attained his Conquests and Extent of Dominion chiefly by the extraordinary Aids and Supplies granted by his Commons See Ingulph p. 6.12.17 and that by the same Means he was enabled so vigorously to Repel the Danes c. To this purpose we meet with a Passage in the History of Croyland viz. That this King confirmed a grant of Lands to that Abby coram Pontificibus Majoribus totius Angliae i. e. as I apprehend before the Prelates Peers and greater Commons of all England who as the History saith were then met together at London consulting how to provide Aids and Supplies contra Danicos Piratas c. The whole Passage proves this Transaction to have been in a general Council or Parliament met purposely for the raising of new Aids and the Word Majores seems plainly to intend the Representatives of the Commons and to be of a lower Degree than the proceres or Temporal Peers Vide Bed Hist And that the Commons attended at that Consult may not only appear from divers of the Names Subscribed to that Charter But 'tis also evident from Bede and other antient Authors that the Word Majores was then used to signify such Officers and Magistrates as we now Term Sheriffs of Counties and Mayors or Bailiffs of Towns and Cities And tho' the Word Danegelt Ingulph is not quite so antient as the Time of K. Egbert yet that the first grant thereof was with consent of the Commons appears from the Laws of Edward the Confessor Hoveden who first remitted it it having been diverted from its Original and true Institution the very Cause ceasing under the Kings of the Danish Race who notwithstanding continued the Tax and which tho' remitted by the Confessor was afterwards revived by the Conqueror See Laws of W. 1. as a proper Expedient for augmenting regal Power and yet this Revival seems also to be by consent of or under colour of a Parliament But further In the abovementioned History of Croyland Hist Ingulphi ad Annum 855. there is a remarkable Charter made by Ethelwulph the West Saxon King who was Son and Successor to K. Egbert and the Father of his four Successors i. e. Ethelbald Ethelbert Ethelfred and Alfred Rights of the Kingdom p. 84 85. The Charter itself imports a grant of Lands Tythes c. to that Abby and in the Body of it is said to be made cum Consilio Episcoporum Principum c. and is Subscribed by and in the presence of the Kings of Mercia and East Anglia Omniumque Archieporum Episcoporum Abbatum Ducum Comitum Procerumque totius Terre aliorumque Fidelium infinita Multitudine Qui omnes Regio Chirographo Laudaverant A pregnant Instance of a Saxon Parliament compos'd of Kings Lords and Commons and of the concurrent Assent of the three Estates in the passing of the Grant I cannot here forbear observing an Expression in that Introduction to the Laws of K. Alphred which might seem strange in a King at this Day where speaking of his Establishing those Laws See Wilkins p. 34 and Lambard 26. Ex consulto Sapientum Suorum By consent of his Parliament he goes on thus Fortham ic ne durst gedyrst-laecan c. for that he durst not attempt to do it otherwise and it concludes thus Ergo Ego Alphredus omnibus Sapientibus meis hic usus sum et illi dicebant quod ipsis omnibus bene placuerint ea quae Statuta Suut ut observarentur And Andrew Horn a Learned Lawyer Mirror of Justices who wrote Temp. Ed. 2. in many places of his Book Speaks of K. Alphred's Parliaments and that his Laws were made by Assent of his Great Wise Men and Commons He Expresly mentions and applauds that Law of his that Parliaments ought to be held twice Yearly and Declares the Non-observance of that grand Law of State to be one of the highest abuses of Law and Government I might here also take notice of other Parliaments of the same King Wilkins LL. Saxon p. 51. particularly that Treaty entered into between him and Guthrun the Dane which was made Ex Sapientum anglorum Consilio and I might further shew that all the Acts of State both of him and his Saxon and Danish Successors were made and transacted with the consent of the Commons as well as Consilio Magnatum But the Point is so fully proved in our antient Historians as well as in the stile used by those Princes in their Enacting of Laws that I conceive my further Endeavours to illustrate it would prove but holding a Candle to the Sun And as for the Norman Times tho' the two Williams Father and Son endeavour'd what they could to suppress the Rights of the Commons yet we find on the Death of the latter the
Commons of England began in some Measure to be Restored to their antient Rights i. e. the Election of their Officers and Magistrates Civil and Ecclesiastical and their being Represented in Parliament 'Tis True W. 1. Soon after his acquisition of the Kingdom Swore to the Observation of the Laws of Edward the Confessor but added a very odd Limitation to the Oath viz. with such amendments i. e. alterations as he with advice of his Council should make therein This shewed he had little regard to those Laws and the Rather for that the Observance of them would in a great Measure deprive him of Nominating the Officers and Governors of the Kingdom a tender Sore to a Prince that aims at arbitrary Power He therefore took upon him the Nomination and Disposition of all Offices and Dignities Sold and Distributed Earldoms and Baronies at pleasure and seems to have utterly deprived the People of their Right of Election of Magistrates and Representatives except for London without which no People can be esteemed Free and having afterwards settled his Revenue by the Record of Domesday Book he had thence forward no occasion for supplies in Parliament W. Rufus succeeded him on the like Foot and on his Coronation Swore the like Oath with the like Explanation i. e. to observe the Confessors Laws with such amendments i. e. alterations therein as had been made by his Father and H. 1. on his coming to the Throne Swore to the Observance of the same Laws with such alterations as had been made therein by his Father and Brother Hitherto the Yoak of the Norman Conquest and Tyranny had layn heavy on the Necks of the Commons of England but now their Day of Redemption seem'd to draw Nigh for in a few Years after this Robert the Eldest Son of W. 1. being return'd from the Holy Land and coming into England set up his claim to the Crown and made such a Party among the Norman Nobility here that King Henry was forced to throw himself into the Arms of the English and thereupon called a Parliament at London which seems to have been composed almost if not wholy of an English House of Commons The Speech made by that Prince at the Meeting of that Parliament is Recorded by Mat. Paris and does so remarkably discover the Restoration of the Rights of the Commons and the Renovation of the antient Constitution by granting the Original of our Magna Charta and other Liberties that I cannot forbear giving the Speech and its Introduction to the Reader both in Latin and in English viz. Magnatibus igitur Regni ob hoc Londonium Edicto Regio convocatis Rex Oratio Regis Henrici ad Anglos See Mat. Paris old Edicon p. 83. and in Watts p. 42. Henricus talibus alloquiis super Mel Favum Oleumque Mellitis Mollitis blandiens Dixit Vos Angligeni Amici sideles mei Indigenae ac Naturales Nostis veraci Fama referente qualiter Fratermeus Robertus electus et per Deum Vocatus est ad Regnum Hierosolymitauum feliciter Gubernandum et quam frontose illud infeliciter Refutaverit Merito propterea a Deo Reprobandus Nostis etiam in multis alijs Superbiam et ferocitatem illius et quia Vir bellicosus Pacis Impatiens est Vosque Scienter quasi contemptibiles et quos Desides vocat Glutones conculcare desiderat Ego vero Rex humilis pacificus Vos in Pace in antiquis Vestris Libertatibus prout crebrius jurejurando promisi gestio confovere et vestris inclinando Consilijs consultius ac Mitius more Mansueti Principis Sapienter Gubernare Et super his si provideritis Scripta subarata roborare et iteratis Juramentis praedicta certissime Confirmare Omnia Videlicet quae Sanctus Rex Edvarvardus Deo inspirante provide Sancivit inviolabiliter jubebo observari ut vos mecum fideliter Stantes Fratris mei immo et mei totius Regni Angliae Hostis cruentissimi Injurias potenter animose ac voluntarie propulsetis si enim Fortitudine Anglorum roborer inanes Normanorum Iras Nequaquam censeo formidandas The King having by his Royal Edict K. H. â— his Speech to his Eng. Parliam called the English great Men of the Kingdom to London for that intent harangued them with a most gracious Speech smoother than Oil and sweeter than Honey or the Honey-comb thus My belov'd and faithful Friends Englishmen You who are the true born Inhabitants It seems the Norman Nob. tho' Summon'd refused to attend H. Parliam and to have joined with Robert and natural Proprietors of this Kingdom You know what undeniable Truth is founded in the Report that my Brother Robert hath been Elected and by God call'd to the glorious Government of the Kingdom of Jerusalem and how shamefully he has rejected that call for which Cause he deserves to be abandoned by God You also know among many other his ill Qualities that he is of a proud and brutal Disposition and that being as it were nurs'd in War and Blood he is an utter stranger to Peace that he publickly Treats you as contemptible and calls you Slaves and Gluttons and that his whole aim is to Tyrannize over you But I a mild gentle and pacifick King desire to protect you in Peace and in the enjoyment of your antient Laws and Liberties as I have often Sworn to do and to be guided by your Counsels whereby I may Govern you with the more Prudence and Moderation as a Mild and a gentle Prince Nay more than this if you will provide a Charter I am ready to confirm and Establish thereby and on my renewed Oath inviolably observe all those good Laws which the holy King Edward being inspired by God did with Wisdom ordain That so you standing faithfully and couragecously by me we may powerfully resist and repell such injuries as may be attempted against us by this Brother of mine who is the bloody Enemy of you and of the whole Kingdom of England For let me be but assisted with the Courage of you Englishmen I shall not in the least fear the vain Threats of those upstart Normans From the foregoing Passage concurrent with other circumstances of those Times I conceive we may raise the following conclusions 1. LL. Ed. Conf. c. 33.35 c The Convention abovemention'd being Convoked Edicto Regio c. was one of those extraordinary Parliaments before mentioned met together to consult De arduis Negotijs Regni i. e. how to secure the Possession of the Crown and not one of those stated and ordinary Parliaments which by the Saxon constitution were to be held twice Yearly viz. about the beginning of May and beginning of October which ordinary Parliaments were afterwards by divers Statutes LL. Ed. gari c. 5. See 4. Inst so 9. 36. E. 3. c. 10. St. 4. E. 3. c. 14. reduced to once a Year certainly i. e. whether Summoned or not or oftener if need were i. e. if there was any occasion to call one by a special Summons
pro arduis Negotijs Regni 2. That tho' the Magnates Regni are only mentioned to be Summoned yet the Commons of England were therein included and indeed it is very Evident that the Words Magnates Regni or Nobiles Regni Selen Tie Hon. 603. 604. in the Language of those Times included both Lords and Commons when applyed to a National Assembly For as Mr. Selden observes the Word Nobilis in the Saxon Times denoted every Gentleman i. e. under Thanes or Knights c. So after the Conquest the Word Baronagium Camb. fo 137. Edit Lond. 1600. included the Commons as well as Peers and Mr. Cambden with others do consess Quod Sub Nomine Baronagij omnes Regni ordines continebantur Thus Rex Magnates Proceres are said to make the Stat. of Mortmain which was apparently made by the K. Lords and Commons 17 Johanis and the Magna Charta of K. John of which that of K. H. 1. is clearly prov'd to be the Foundation appears to have been made per Regem Barones Liberos homines totius Regni Mat. Par. Edit per Watts p. 38.45.51.166 alibi all which are by the Historians of those Times called Magnates Angliae See farther of the Import of the Word Magnates in Mat. Paris 3. M. Paris 10.6 40. That the Norman Nobility tho' Summoned resus'd to appear at this Parliament they being almost entirely devoted to Robert the King's Elder Brother and hence it is that we find the King's Speech is here Directed to English Men only and that too in opposition to the Normans in general on whom the King in the Conclusion very warmly Reflects in order to ingratiate himself the more with the English Commons of whom this Parliament seems to have been almost wholly composed The cause of the Normans defection seems to have been Vide ibid 42. for that King Henry having in the 2d year of his Reign Married Maude the Daughter of Margaret Q. of Scotland who was Edgar Aetheling's Sister and the direct lineal Heir of the English Blood Royal Mat. Par. 40. was so enamoured with her tanto ardentius exarsit in ipsius amorem that he very much favoured the English for her Sake whereupon the Normans raised a general Rebellion against him in favour of Robert and tho by the Intervention of Friends the difference between the two Brothers was Skinn'd over for the present yet we find the K. could never afterwards be heartily reconciled to the Norman Nobility tho' of his own Blood diverse of whom as Robert de Beleasmo Ib. 40 41. William Earl of Moreton and others he soon after Banished the Kingdom And it is very remarkable That in the Event of the several Contests about Robert's Right the English Commons became the Victors over the Norman Nobility first on behalf of W. Rufus in the Beginning of his Reign and now on the Behalf of K. H. 1. Vide ib. sub Anno 1089. And the Example of their former Valour might induce this King to gratify and caress them with those high Encomiums and Promises in his Speech Which Promises tho as the Historian asserts he afterwards impudenter violavit yet as to the granting a Charter for restoring the Confessor's Laws Ib. p. 42. doubtless the Parliament took him at his Word and this Charter I take to have been that very Charter which the same Historian observes to have been produced to King John Ib. p. 167. at the Rencounter of Runny-Mead and not that which is mentioned to have been granted by this King at his Coronation in which we find this ensnaring Stricture Mat. Par. 38.167 viz. Lagam Regis Edvardi vobis reddo cum illis emendationibus quibus Pater meus eam emendavit His Father having under Pretext of those Emendations utterly deprived the English of the Free Election of their Magistrates whereas tis evident from History That for some Years after this new Charter granted in this English Parliament the People were generally restored to the Right of electing their own Magistrates and Officers Civil Military and Ecclesiastical and this I take to be the grand Foundation of the Magna Charta of English Liberties i. e. as it gave Relaxation from Norman Tyranny and Slavery And this may teach us Dier 60 See Mirror c. 1. Sect 3. Bra. Flet. Lambards Archaion 5â— 239.245 Sir R. Atkyns p. 20.15 c. Vide Post c. 6. 7. That the Rights and Liberties of the Commons of England are neither so illegally begotten as by Rebellion nor of such tender Years as some imagine But if any Man is not convinced from what I have before produced touching the Origin of English Parliaments and the Antiquity of the House of Commons let him peruse the Authors cited in the Margin especially the Treatise writ by that learned Judge Sir Robert Atkyns on this very Subject Nor was this the first English Parliament held under this King Mat. Par. 37.39 2 Inst 15. Mat. Paris has given us a brief Account which other Authors confirm and enlarge That one Ranulph Saxon Chron. sub Anno 1099. p. 208.210 Flor. Wig. c. Mat. Par. 39. Bishop of Durham whom Mat. c. adorn with the sublime Titles of Vir pessimus corruptissimus Homo perversus ad omne scelus paratus Vir subacto ingenio prosunda nequitia c. was imprisoned c. by a Common-Council or Parliament of Englishmen The whole Passage runs thus Eo tempore Rex tenuit in Custodia Ranulphum Dunelmensem Episcopum hominem perversum ad omne scelus paratum Quem Frater Regis i. e. Rex Willielmus Episcopum fecerat Dunelm Regni Anglorum subversorem N. B. The Office of a Court Bishop Qui cum Regi jam dicto nimium esset familiaris constituerat eum Rex Procuratorem suum in Regno ut evelleret destrueret raperet et disperderet et omnia omnium Bona ad Fisci commodum comportaret Sed mortuo eodim Rege iniquo Henrico coronato de Communi Consilio Gentis Anglorum posuit Rex eum in vinculis c. Nor was the Concurrence of the Commons in Parliament requisite only to the Imprisonment or Exauctoration of Bishops Rights of the Kingdom p. 118.133.140 c. the same Assent seems as necessary and that too in a superior Degree as to their Election or Confirmation divers Instances of this appear in the Historians of those Times I shall select some to prove it then the Custom of England Scotland Wales Ireland France c. Anno 1113 Sax. Chr. p. 306. Ralph Bishop of Rochester was elected Archbishop of Canterbury by the King Annuente Plebe Clero Eadmer Hoveden this was done in Communi Consilio apud Windsore And I find about the same Time That another Ralph who had been ordained a Bishop in Scotland was rejected by all because not elected with the Consent of the People c. And notwithstanding his Consecration was forced to wander about and officiate as a Coadjutor to other Bishops About the Year 1120 Malmsb. one
David was consecrated Bishop of Bangor by the then Archbishop of Canterbury but tis expresly said That he had been thereto elected A Principe Clero Populo Walliae i. e. by a Welch Parliament And in the same Reign one Gregory an Irish Abbot was elected to the Bishoprick of Dublin a Rege Hiberniae Clero Populo an Irish Parliament So that the Commons at this Time were a a constituent Part of the Scottish Welch and Irish Parliaments as well as with us in England And in the Year 1128 Vide Sax. Chro. sub An. 112. I find that fam'd Scholar Gilbertus Universalis to be elected and consecrated Bishop of London Annuente Clero Populo This seems at a Parliament at London But this Right of the Commons in electing Bishops does more clearly appear in H. the 2d's Time when all Historians agree it to be a general Custom both here and in France and seems founded on divers express Canons of the Primitive Church Insomuch as Mezeray in his History asserts That until that Time i. e. the Middle of the 12th Century The Voice of the People in electing Bishops was esteem'd the Voice of God The Successors of K. H. 1. K. Steven Mat. Par. 51. took their Coronation Oaths in a Form much more enlarged for the Ease of the Commons than those of King Henry 1. or his two Predecessors Thus K. Steven swore Coram Regni Magnatibus i. e. the Lords and Commons convoked at London Ad meliorationem Legum juxta voluntatem Arbitrium singulorum which must mean That he would reform the Laws according to their common Consent in Parliament and afterwards going to Oxford i. e. to hold his Parliament Ibi confirmavit Pacta quae Deo Populo in Die Coronationis suae concesserat This I take to be meant of Danegelt Hydage Cornage c See there some Particulars of his Oath whereof the 3d is Tallagia Quae autecessores ejus accipere consueverant in aeternum condonaret And in the following Year on the Arrival of Rob. Earl of Glocester Ibid. 51. this King was again sworn to observe the Good Laws of the Realm and thereof granted his Charter and see there the conditional Homage paid to the King by that Earl I might here pursue this Thread of Coronation Oaths in those of H. 2. R. 1. K. John Vide Ib. 42. in pede 51. and the Praef. to Privilegia Londini Rights of the Kingdom p. 88. c. but my Intention is not to trace the Practices of Kings in taking Coronation Oaths an unlucky Blot remains in History as to those Princes I have already named it being generally observed Impudenter fregerunt c. An Author who seems to be very conversant in Matters of this Nature and observes thus The King's Oath is to confirm the just Laws which the Commons not the Lords shall elect or choose in Latin Quas vulgus elegerit and in the old French Oaths of Edw. 2. and Edw. 3. tis Les quels la Communaute aux Eslue And in the English Oaths of H. 8. and other Princes See Sir R. Atkyns ut supra p 28 29. tis Which the Commons of the Realm shall choose And that the antient Writs for summoning the Commons are Nobiscum tractur consilium impensur de arduis Negotiis Regni And the same Author The King dom's Rights ut supra a little before says thus The Mirror as well as Tacitus shews how our Lords were originally raised out of and by the Commons and with Bracton Fleta c. gives them a judicial Power over the Rest c. Nay the Modus Parliamenti will not only tell us That the Commons have better and stronger Votes than the Lords but that there may be a Parliament without the Prelates c. For there was a Time wherein there was neither Bishop nor Earl and yet there were Parliaments without them but never without the Commons and concludes with the Impossibility of holding a Parliament without them thus Parliamentum sine Communitate tenebitur pro nullo quamvis omnes alii status plenarie ibidem intersuerint Lastly Sir R. Atkyn's Power of Parliament p. 32. The Freeholders of England had originally the Election of the Conservators of the Peace who are become out of Date by introducing Justices of Peace who have their Power not by any Election of the Freeholders as of Right they ought nor are they nominated by them but by the King and have their Power by his special Commission c. i. e. contrary to the Common-Law And how and by what Means and in what tempered Times this came about may be read in Lambards Eirenarcha Lambards Justice f. 16.19.20.147 c. It was done by Act of Parliament in the Beginning of K. Edw. the 3d's Reign and in his Minority when the Queen and Mortimer ruled all The Freeholders did also originally Sir R. Atkyns supra and from all Antiquity at their Folkmotes or County Courts chuse their Heretochii and what were these You may call them Lords Lieutenants Deputy Lieutenants or it may be Lieutenants Generals For the Saxon Laws tell you their Duty and Office LL. Ed. Conf. 35. Vide ante and that they were to be Ductores Exercitus c. All these great Officers were chosen by the Freeholders as our Knights of the Shires now are and as Conservators or Justices of Peace formerly were and as Coroners and Verdredors formerly Men of great Power still are by Writ at the County Courts These were mighty Powers and Freedoms Sir R. Atkyns supra See 4 Inst 174.558 and were enjoy'd by the People as antiently as any of our Records do reach which are more authentic Proofs of our Constitution than the Writings of Modern Historians c. And do best shew the native Freedom which the People had by the antient Constitution of our Government contrary to all the new Doctrines of our late Writers and prove That the Privileges and Freedoms we yet enjoy are not meer Emanations of Royal Favour as our Novellists would impose upon us CHAP. II. Of the Dignity and Excellency of Parliaments THE Parliament is the Foundation and Basis of Government Rushw Coll. 3d Part Vol. 1. fo 739 and consequently of the Peace and Happiness of the Kingdom as it creates the Law by which we are ruled and governed in Peace and Quietness so it preserves the Law in Power and Authority It watches over our Religion that it be not supplanted and exchanged by suppositious Innovations or the Truth and Substance of it eaten up with Formality vain Pomp and unnecessary Ceremonies It is the Conservative of the Rights and Liberties of the Subject and the Corrective of Injustice and Oppression which by equal Right is distributed to all and every Man hath that Benefit and Protection of Justice which is due to him It is that by which alone common Necessities can be provided for and Publick Fears prevented so that I may say not only the Peace and Happiness and well Being but the very
Being of this Kingdom can have no other Bottom to stand upon but the Parliament it being the Foundation upon which the whole Frame of the Commonwealth is built The Parliament is the Cabinet Ib. 201. wherein the chiefest Jewels both of the Crown and Kingdom are deposited The great Prerogative of the King and the Liberty of the People are most effectually exercised and maintained by Parliaments c. Parliaments are the Ground and Pillar of the Subject's Liberty Ib. 587. and that which only maketh England a free Monarchy Parliaments are says the Earl of Warwick Ib. 752. Admiral of the Sea to John Pym Esq July 6 1742 That Great Council by whose Authority the King's of England have ever spoken to their People Both Houses of Parliament are the Eyes in the Body Politick Ib. 702. whereby His Majesty is ought by the Constitution of this Kingdom to discern the Differences of those Things which concern the Publick Peace and Safety thereof The Parliament is the Mouth of the King and Kingdom Vox Dei c. Parliaments says K. C. 1. in his Declaration to all his Loving Subjects Rushw Coll. 3d Part Vol. 2 p 40. after his Victory at Edgehill on the 23d of October 1642 are the only Sovereign Remedies for the growing Mischiefs which Time and Accidents have and will always beget in this Kingdom That without Parliaments the Happiness cannot be lasting to King or People The Parliament is to be considered in three several Respects first Ib. p. 45. As it is a Council to advise 2dly As it is a Court to judge 3dly As it is the Body Representative of the whole Kingdom to make repeal or alter Laws L'Assemblie de Troys Estates Cestascavoir Finch's Nemotecnia lib. 2. c. 1. fo 21. Roy Nobility Commons qui font le Corps del Realm est appel un Parliament lour Decree un Act de Parliament Car sans touts troys come si soit fait per Roy Seigneurs mes rien parle del Commons nest Ascun Act de Parliament i. e. The Assembly of the three Estates to wit the King the Nobility and the Commons which make the Body of the Realm is called a Parliament and their Decree an Act of Parliament for without all three as if it be done by the King and Lords but speaks nothing of the Commons there is not any Act of Parliament On the Restoration of King Charles the 2d the Commons resolved May 1. 1660. Journal Dom. Co. That this House doth agree with the Lords and do own and declare that according to the antient and fundamental Laws of this Kingdom the Government thereof is and ought to be By King Lords and Commons The Word Parliament is used in a double Sense 1. English Liberties p. 78. Strictly as it includes the Legislative Power of England as when we say an Act of Parliament add in this Acceptation it necessarily includes the King the Lords and the Commons each of which have a Negative Voice in making Laws and without their Joint Consent no new Laws can pass that be obligatory to the Subject 2. Vulgarly the Word is used for the Two Houses the Lords and Commons as when we say The King will call a Parliament His Majesty has dissolved his Parliament c. This Court is the highest Court in England Crompton's Juris p. 1. in which the Prince himself sits in Person and usually comes there at the Beginning of the Parliament and at the End and at any other Time when he pleaseth 4 Inst 3. during the Parliament The King is the Caput Principium and Finis of Parliaments It appears by Precedents That whenever a Parliament was sitting in the King's Absence Rushw Coll. Vol. 3. Part 1. p. 772. there was always a Custos Regni or a Locum Tenens Regis appointed This Court consists of the King's Majesty 4 Inst 1. sitting there as in his Royal Politic Capacity and of the three Estates of the Realm viz. the Lords Spiritual Arch-Bishops and Bishops who sit there by Succession in respect of their Counties Vide Dyfol 60. or Baronies parcel of their Bishopricks The Lords Temporal Dukes Marquesses Earls Viscounts and Barons who sit there by reason of their Dignities which they hold by Descent or Creation every one of which both Spiritual and Temporal ought to have a Writ of Summons ex debito Justitiae And the Commons of the Realm whereof there be Knights of Shires or Counties Citizens of Cities and Burgesses of Boroughs all which are respectively elected by the Shires or Counties Cities and Boroughs by Force of the King's Writ ex Debito Justitiae and none of them ought to be omitted And these represent all the Commons of the whole Realm and are trusted for them The King and these three Estates Ib. 2. are the great Corporation or Body Politic of the Kingdom and do sit in two Houses King and Lords in one House called The Lords House the Knights Citizens and Burgesses in another House called The House of Commons That which is done by this Consent Arc. Parl. 2. is called firm stable and sanctum and is taken for Law All the Judges of the Realm Towns Coll. 5.6 Vid. Cromp ton 1. Barons of the Exchequer of the Coif the King's Learned Council and the Civilians Masters of the Chancery are called to give their Assistance and Attendance in the Upper House of Parliament but they have no Voices in Parliament 4 Inst 4. but are made sometimes joynt Committees with the Lords Every Englishman is intended to be there present either in Person Arc. Parl. 3. Smyth's Common-wealth 74 or by Procuration and Attorney of what Preeminence State Dignity or Quality soever he be from the Prince be it King or Queen to the lowest Person in England And the Consent of the Parliament is taken to be every Man's Consent In antient Time the Lords and Commons of Parliament did sit together 2 Bulstro 173. See Cotton's Records 12.13.348 Post 60. in one and the same Room but afterwards they were divided to sit in several Rooms and this was at the Request of the Commons but yet still they remain but one Court And of all this I have seen the Records one in the Time of H. 1. where all of them did sit together and mention is there made of the Degrees of their Seats so in the Time of E. 3.39 No Man ought to sit in the High Court of Parliament 4 Inst 45. but he that hath Right to sit there For it is not only a personal Offence in him that sitteth there without Authority but a publick Offence to the Court of Parliament and consequently to the whole Realm It is to be observed 4 Inst 2. That when there is best Appearance there is the best Success in Parliament At a Parliament 7 Hen. 5. of the Lords Spiritual and Temporal there appeared but Thirty and there was but one Act pass'd of no great Weight In 50 Ed. 3. all the Lords appeared in Person and not one by
Proxy and so many excellent Things were done that it was called Bonum Parliamentum At the Return of the Writs Ib. 6. the Parliament cannot begin but by the Royal Presence of the King either in Person or Representation The King's Person may be represented by Commission under the Great Seal to certain Lords in Parliament authorizing them to begin the Parliament or to prorogue it c. When a Parliament is call'd Ib. 28. and doth sit and is dissolved without any Act of Parliament passed or Judgment given it is no Session of Parliament but a Convention It is an Observation proved by a great Number of Precedents Ib. 32. that never any good Bill was preferred or good Motion made in Parliament whereof any Memorial was made in the Journal-Book or otherwise Tho sometimes it succeeded not at the first yet it hath never dy'd but at one Time or other hath taken effect Matters of Parliament are not to be ruled by the Common-Law Ib. 17. If Offences done in Parliament might have been punish'd elsewhere Ibid. Vide 1 Inst Sect. 108. it shall be intended that at some Time it would have been put in Ure It doth not belong to the Judges Ib 50. to judge of any Law Custom or Priviledge of Parliament The Judges in Parliament are the King or Queen Sir Tho. Smith's Common-wealth 74 the Lords Temporal and Spiritual the Commons represented by the Knights and Burgesses of every Shire Borough-Town These all or the greater Part of them and that with the Consent of the Prince for the Time being must agree to the making of Laws It is the just and constant Course of Parliament Seld. Judic 95. to bring the Party accused to his Answer Yea tho he fly Justice yet to send out Proclamation into the Countries that he appear at a Day or else such and such Judgments shall be given against him What is done by either House Sir R. Atkyns Argument c. 14. according to the Law and Usage of Parliament is properly and in the Judgment of the Law the Act of the whole Parliament And what concerns the one must of Necessity concern the whole not meerly by Consequence but by an immediate Concernment as being one and entire The three Estates of Parliament are one entire Body and Corporation Ib. 34 41 51 55. Vide Rast St. 2. 3. E. 6. c. 36. Pref. All their Powers and Priviledges in the Right of them and in the Title to them are entire per my per tout and belonging to the whole Body of the Parliament tho in the Exercise of those Powers and sometime in the Claim of them they are distinguish'd and in the Practise of their Powers they are in many Things distributed into Parts All the Estates in Parliament are call'd by one common Name Ibid. as Commune Concilium Regni Magna Curia they are one Body Politic. It is said by Fineux Chief Justice That the Parliament at the Common-Law consists of the King Lords and Commons and they are but one Body corporate The Liberties and Franchises of the Parliament in the Right of them Ib. 55. are entire and due to both Houses for both make up the Parliament Knighton one of our best Historians doth notably disclose the antient Ends of calling Parliaments Knyghton de Eventibus Augliae l. 5. f. 2681. col 1.2 Pettyt's Rights c. in Pref. p. 43. 44. Hollings f. 1055. col 1. in saying Quod ex Antiquo Statuto Consuetudine landabili approbata c. That by an antient Statute and Custom laudable and approved which no Man could deny the King was once in the Year to convene his Lords and Commons to his Court of Parliament as to the highest Court in the whole Realm In qua omnis Aequitas relucere deberet absque qualibet Scrupulositate vel nota tanquam Sol in Ascensu Meridiei ubi Pauperes Divites pro Refrigerio Tranquilitatis Pacis Repulsione Injuriarum Refugium Infallibile quaerere possent ac etiam Errata Regni reformare de Statu Gubernatione Regis Regni cum Sapientiori Concilio tractare ut Inimici Regis Regni Intrinseci Hostes Extrinseci destruantur repellantur qualiterquoque Onera incumbentia Regi Regno levius ad Ediam Communitatis Supportari potuerunt i. e. In which Court all Equity ought to shine forth without the least Cloud or Shadow like the Sun in its Meridian Glory where Poor and Rich refreshed with Peace and Ease of their Oppressions may always find infallible and sure Refuge and Succour the Grievances of the Kingdom redressed and the State of the King and Government of the Realm debated with wiser Councels the Domestick and Foreign Enemies of the King and Kingdom destroy'd and repelled and to consider how the Charges and Burthens of both may be sustained with more Ease to the People Minshieu But these six Degrees were never allowed to be six Estates of Parliament in his Etymological Dictionary tit Parliament says In a Monument of Antiquity meaning the antient Modus Tenendi Parliament shewing the Manner of holding the Parliament in the Time of K. Edward the Son of K. Etheldred which as the Note saith was delivered by the discreeter Sort of the Realm to William the Conqueror and allowed by him tis said That the Parliament consisted of six Ranks or Degrees it begins thus Rex est Caput Principium et Finis Parliamenti ita non habet Parem in suo Gradu Et sic a Rege solo primus Gradus est Secundus Gradus est ex Archiepiscopis Episcopis Abbatibus Prioribus per Baroniam Tertius Gradus est de Procuratoribus Cleri Quartus Gradus est de Comitibus Baronibus et aliis Magnatibus Quintus Gradus est de Militibus Comitatuum Sextus Gradus est de Civibus et Burgensibus Et ita est Parliamentum ex sex Gradibus En Antient temps tout le Parliament sea Insimul Rolls 1. Report fol. 18. ante 54. et le Separation fuit perle desire del Commons Mes nient obstant ils font forsque un Mese jen aie view un Record 30 H. 1. de lour degrees et seats 39 E. 3. per Choke ch Inst It is generally believed Reform'd vol. 2. p. 49. That the whole Parliament sate together in one House before E. 3. Time and then the inferior Clergy were a Part of that Body without Question But when the Lords and Commons were divided the Clergy likewise sate in two Houses and granted Subsidies as well as the Temporalities My Lord Chief Justice Coke says 1 Inst Sect. 164. fol. 109. The Parliament is the highest and most honourable and absolute Court of Justice of England consisting of the King the Lords of Parliament and the Commons And again the Lords are here divided into two Sorts viz. Spiritual and Temporal And the Commons are divided into three Parts viz. Into Knights of Shires or Counties Citizens out of Cities and Burgesses out of Boroughs In the High Court of Parliament all the whole Body
less than the united Consent of all and every Person of the Kingdom and under this Notion its Power is Unlimited and Universal its Authority is the most unerring and firm support of Monarchy and Government and has been ever used as the only Expedient to accommodate the differences of Pretenders and Competitors to arbitrate and decree not only the Right and Possession but even the Inheritance and Reversion of the Regal Power to succour and defend the King and Kingdom against all possibility of Injury or Incroachment that might be Intended against or Usurped upon it or its Authority to decree the Nations Liberties ascertain Property and to establish an unquestionable Peace and Security to all the People both from the danger of Grievances at Home or the Assaults of foreign Power In this capacity it hath Power above the Law itself Hollinshead c. 1. vol. 1. p. 173. having Power to alter the common Law of England to declare the meaning of any doubtful Laws to repeal old Patents Grants or Charters and Judgments whatsoever of the King or any other Court of Justice if erroneous or illegal and extends so far as finally to oblige both King and People to punish Offenders of all Sorts to examine into the corruptions of Religion and either to disanul or reform it Anno 1626. 2. Rushw Coll. vol. 1. p. 245. Car. the Commons in their Remonstrances declare that it hath been the antient constant and undoubted Right and Usage of Parliaments to question and complain of all Persons of what degree soever found grievous to the Common-Wealth in abusing the Power and Trust committed to them by the Sovereigns a Course approved of by frequent Presidents in the best and most glorious Reigns appearing both in Records and Histories c. In 30. E. 3. 7. H. 4. Rot. Parl. N o 31 32. the Parliament accused John de Gaunt the King's Son and Lord Latimer and Lord Nevil for misadvising the King and they went to the Tower for it In 11. Rushw Ib. p. 627. H. 4. N o 13. the Council are complained of and are removed from the King for that they mewed-up the King and disuaded him from the common Good In 4. H. 3. 27. E. 3. 13. R. 2. the Parliament moderateth the King's Prerogative and nothing grows to an Abuse says Sir Edward Coke but the Parliament hath Power to treat of and Correct it And King James the 1st Idem p. 62â— put the Commons assembled in Parliament in mind that it would be the greatest unsaithfulness and breach of Duty to his Majesty and of the Trust committed to them by the Country that could be if in setting forth the Grievances of the People and the Condition of all the Petitions of this Kingdom from whence they come they did not deal clearly with him without sparing any Persons how near and dear soever they were unto him if they were hurtful or dangerous to the Common-Wealth The most High and Absolute Power of the Realm of England Sir Tho. Smith's Common-wealth l. 2. c. 2. p. 72. Arcana Parl. 1. consisteth in the Parliament For as in War where the King himself in Person the Nobility the rest of the Gentility and the Yeomanry are is the Force and Power of England So in Peace and Consultation where the Prince is to give Life and the last and highest Commandment the Barony or Nobility for the higher the Knights Esquires Gentlemen and Commons for the lower part of the Common-wealth the Bishops for the Clergy be present to advertise consult and shew what is good and necessary for the Common-wealth and to consult together and upon mature deliberation every Bill or Law being thrice read and disputed in either House the other two parts first each a part Ibid p. 73. and after the Prince himself in presence of both the Parties doth consent unto and alloweth that it is the Prince's and whole Realm's Deed whereupon justly no Man can complain but must accommodate himself to find it good and obey it Thus the concurrent Consent of these three Estates when reduced to writing Inst Leg. p. 34. and pass'd in Parliament is as it were a Tripartite Indenture between King Lords and Commons and that which is so done by this Consent is called firm stable and sanctum and is taken for Law As to the Power of Parliaments Sir Tho. Smith ibid. Arc. Parl. 2. Vide Crompt Jur. 3. 1. It abrogateth old Laws 2. Maketh new Laws 3. Giveth order for things past 4. Directs things hereafter to be followed 5. Changeth Right and Possessions of private Men. 6. Legitimateth Bastards 7. Establisheth Forms of Religion 8. Altereth Weights and Measures 9. Giveth Form of Succession to the Crown 10. Defineth of doubtful Rights whereof is no Law already made 11. Appointeth Subsidies Tallies Taxes and Impositions 12. Giveth most free Pardons and Absolutions 13. Restoreth in Blood and Name 14. And as the highest Court condemneth or absolveth them who are put upon their Trial. In short Ibid. all that ever the People of Rome might do either Centuriatis Comitiis or Tributis the same may be done by the Parliament of England which representeth and hath the Power of the whole Realm both the Head and Body For every Englishman is intended to be there present either in Person or by Procuration and Attorny of what preheminence state dignity or quality soever he be from the Prince be he King or Queen to the lowest Person of England And the Consent of the Parliament is taken to be every Man's consent As to its Power over both the Statute and Common Law of this Realm Rastal's Statutes fol. 546. 25 H. 8. c. 21. you will be best informed of it from the memorable words of an Act of Parliament itself viz. Whereas this Realm recognizing no Superiour under God but only the King hath been and is free from Subjection to any Man's Laws but to such as have been devised made and ordained within this Realm for the Wealth of the same or to such other as by Sufferance of the King and his Progenitors the People of this Realm have taken at their free Liberty by their own Consent to be used amongst them and have bound themselves by long Use and Custom to the Observance of the same not as to the Observance of the Laws of any Foreign Prince Potentate or Prelate but as to the Custom and antient Laws of this Realm originally established as Laws of the same by the said Sufferance Consents and Custom and none otherwise It standeth therefore with Natural Equity and Good Reason that all and every such Laws Humane made within this Realm by the said Sufferance Consents and Custom that the King and the Lords Spiritual and Temporal and the Commons representing the whole State of this Realm in the most High Court of Parliament have full Power and Authority not only to dispence but also to authorize some Elect Person or Persons to dispence with those and all other Human Laws of
Custom of Parliament and therefore void The Authority of the High Court of Parliament to be committed to a few as in 21 Rich. 2. c. 16. Ibid. is holden to be against the Dignity of a Parliament and that no such Commission ought to be granted Tho' it be apparent what transcendent Power and Authority the Parliament hath Id. 43 and tho' divers Parliaments have attempted to bar restrain suspend qualify or make void the Power of subsequent Parliaments yet could they never effect it for the latter Parliament hath ever Power to abrogate suspend qualify explain or make void the former in the Whole or in any Part thereof notwithstanding any Words of Restraint Prohibition or Penalty in the former For it is a Maxim in the Law of Parliament Quod Leges posteriores priores contrarias abrogant An Act of Parliament doth include every Man's Consent Hobart 256. as well to come and unborn Persons as those present The Sovereign Power of this High Court of Parliament is such Hakewel 86. that altho' the King's Majesty hath many great Priviledges and Prerogatives yet many Things are not effectual in Law to pass under the great Seal by the King's Charter without the consent of Parliament as was resolv'd by all the Judges in the Princes case The King by his Letters Patents may make a Denizen Id. 87. Bro. Denizen N o 9. 36. H. 8. but cannot Naturalize him to all purposes as an Act of Parliament may do If a Man be Attainted of Felony Hakewel 89. or Treason by Verdict Outlawry Confession c. his Blood is corrupted which is a perpetual and absolute Disability for him or his Posterity to claim any Hereditament in Fee-simple either as Heir to him or any Ancestor paramount him and he shall not be restored to his Blood without Parliament And yet the King may give to any attainted Person his Life by this Charter of Parliament The King cannot alter the Common Law Id. 90. or the general Customs of the Realm as Gavelkind Borough-English or the like without consent of Parliament Altho' a King have a Kingdom by Discent Ibid. yet seeing by the Law of that Kingdom he doth inherit that Kingdom he cannot change those Laws of himself without Consent of Parliament By the Laws of this Kingdom Ibid. the King cannot by his Proclamation alter the Law but the King may make Proclamtion that he shall incur the Indignation of his Majesty that withstands it But the Penalty of not obeying his Proclamation may not be upon Forfeiture of his Goods his Lands or his Life without Parliament Le Parliament d'Engleterre ne lia Ireland quoad Terras suas Brook 123. 91. Vide 20 H. 6.9 Crompton 22. b. quar ils ont Parliament la mes il poient eux lier quant al Choses transitory come eskipper de Lane ou Merchandize al intent de ceo carrier al auter Lieu ultra Mare The Parliament of England cannot bind Ireland Quere infra as to their Lands for they have a Parliament there but they may bind them as to Things transitory as the shipping of Wool or Merchandize to the intent to carry it to another Place beyond the Sea 4 Inst 350. Sometimes the King of England call'd his Nobles of Ireland to come to his Parliament of England c. And by special Words the Parliament of England may bind the Subjects of Ireland The Lords in their House have Power of Judicature Id. 23. and the Commons in their House have Power of Judicature and both Houses together have Power of Judicature This Power is best understood by reading the Judgments and Records of Parliament at large Ibid. and the Journals of the House of Lords and 6 H. 8. c. 16. Rast 429 430. Vaughan 285. the Book of the Clerk of the House of Commons which is sometimes also styled a Record If Inconveniencies necessarily follow out of the Law only the Parliament can cure them If a Marriage be declared by Act of Parliament to be against God's Law Id. 327. we must admit it to be so for by a Law that is by an Act of Parliament it is so declared In many Cases Multitudes are bound by Acts of Parliament Id. 14. which are not Parties to the Elections of Knights Citizens and Burgesses as all they that have no Free-hold or have Free-hold in ancient Demesne and all Women having Free-hold or no Free-hold and Men within the Age of One and twenty Years Hob. 256. c. and we may add Persons unborn It is declared by the Lords and Commons in full Parliament upon Demand made of them on the Behalf of the King That they could not assent to any Thing in Parliament that tended to the disherison of the King and his Crown whereunto they were sworn The Expounding of the Laws doth ordinarily belong to the Reverend Judges Hakewel 94. and in Case of greatest Difficulty or Importence to the High Court of Parliament Errors by the Law in the Common-Pleas are to be corrected in the King's-Bench 4 Inst 22. Vid. Stat. 1 Jac. 1 c. 1. and of the King's-Bench in the Parliament and not otherwise i. e. where the Proceedings are by original Writ Instit Leg. 171.172 For if they are by Bill they may be corrected in the Exchequer Chamber by St. 27 Eliz. c. 8. from whence a Writ of Error lyes to the Parliament Actions at Common Law are not determined in this High Court of Parliament Selden's Judicature 2. yet Complaints have ever been receiv'd in Parliaments as well of private Wrongs as publick Offences And according to the Quality of the Person and Nature of the Offence they have been retained or referred to the Common Law There be divers Precedents of the Trial of Bishops by their Peers in Parliament Id. 4.5 as well for Capital Offences as Misdemeanors whereof they have been accused in Parliament And so there have been of Commoners As the Arch-Bishop of Canterbury 15 Ed. 3. n. 6 7 8. ibid. postea 44. 39. ibid 17 E. 3.22 And the Bishop of Norwich 7 Ric. 2. for Misdemeanors So were the Bishops of York and Chichester tried for Treason by their Peers in Parliament upon the Appeal of the Lords Appellants 11 R. 2. And Anno 21 R. 2. The Commons Accused the Arch-Bishop of Canterbury of Treason by their Peers in Parliament upon the Appeal of the Lords Appellants 11 R. 2. And Anno 21 R. 2. The Commons accused the Arch-Bishop of Canterbury of Treason and the Temporal Lords judged him a Traitor and banished him But if a Bishop be accused out of Parliament he is to be tried by an ordinary Jury of Free-holders for his Honour is not inheritable as is the Temporal Peers out of Parliament yet in all other Matters save that only of their Trial they have Priviledge as no Day of Grace to be granted against them in any Suit A Knight to be returned upon the Pannel where a Bishop is Party and no Process in a Civil Action to be awarded
against his Body and the like And by this it appeareth what Persons are de Jure triable by the Lords in Parliament viz. their Peers only which Bishops are not Judgments in Parliaments for Death have generally been strictly guided per Legem Terrae i.e. Lex Parliamenti d. 168. The Parliament hath three Powers Sir Rob. Atkyns Argument c. 36. a Legislative in Respect of which they are call'd the three Estates of the Realm a Judicial in respect of this it is call'd Magna Curia or the High Court of Parliament a Counselling Power hence it is call'd Commune Concilium Regni The Parliament gives Law to the Court of King's-Bench Id. 49. and to all other Courts of the Kingdom and therefore it is absurd and preposterous that it shou'd receive Law from it and be subject to it The greater is not judged of the less All the Courts of Common Law are guided by the Rule of the Common Law Id. 50 but the Proceedings of Parliament are by quite another Rule The Matters in Parliament are to be discussed and determined by the Custom and Usage of Parliament and the Course of Parliament and neither by the Civil nor the Common Law used in other Courts Ibid. The Judges of all the Courts of Common Law in Westminster are but Assistants and Attendants to the High Court of Parliament And shall the Assistants judge of their Superiors The High Court of Parliament is the dernier Refort Ibid. and this is generally affirm'd and held but it is not the last if what they do may yet again be examin'd and controlled Because the High Court of Parliament proceeds by a Law peculiar to that High Court Id 52. which is call'd Lex Consuetudo Parliamenti and not by the Rules of the Common Law and consists in the Customs Usages and Course of Parliament no Inferior Court can for this very Reason judge or determine of what is done in Parliament or by the Parliament A Statute Arc. Parl. 85. or Act of Parliament need not be proclaim'd for the Parliament represents the Body of the whole Realm for there are Knights and Burgesses of every County and Town But otherwise where it is ordained by the Act that it shall be proclaimed A Man Attainted of Felony Id. 100. or Treason shall not be restored in Blood without Parliament 28 Ed. 1. Petyt's Appendix to Miscel Parliam n. 38. 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 The Court of Parliament was the Sanctuary Turner's Case of Bankers 36. whether the distressed Subject in his Exigence fled for Shelter and Refuge and alway found it Into the Sacred Bosom of Parliaments it was Ibid Vide Several Precedent and Records that they poured out their Sighs and Groans with constant Success and when in Cases of high Nature the Common Law was arrested and stopt in her proceedings Parliaments evermore ran into ther Rescue and in dutiful ways discharged those Locks and Bars which had been unjustly fastned on the Exchequer The Right of the Crown of England Stat. Prov. 25 Ed. 3. Rast Stat. 99. and the Law of the said Realm is such that upon the Mischiefs and Damages which happen to the Realm the King ought and is bound by his Oath of the Accord of his People in Parliament thereof to make Remedy c. To conclude this Chapter Le Parliament ad Absolute poiar en touts Cases come a faire Leys d'adjuger Matters en Ley a trier vie del home a reverser Errors en Bank le Roy especialment lou est ascun Commune Mischief que l'ordinary Course del Ley n'ad ascun means a remedier en tiel Case ceo est le proper Court Et tonts choses que ils font sont come Judgments Et si le Parliament mesme erre Finche's Nomotecnia l. 2. c. 1. f. 21. 22. come il poet ceo ne poet estre reverse en ascun Lieu forsque en le Parliament Which because it is omitted as several other things are in the Book translated into English I will thus give it the Reader that does not understand French The Parliament hath Absolute Power in all Cases as to make Laws to adjudge Matters in Law to try Men upon their Lives to reverse Errors in the King's Bench especially where there is any Common Mischief which the ordinary Course of the Law hath not any means to remedy in such Case this is the proper Court And all things which they do are as Judgments And if the Parliament it self errs as it may that cannot be reversed in any place but in Parliament Sir Robert Cotton See Sir Robert Cot. Treatise of Parliaments p. 44 45 c in his Discourse of the Privilege and Practice of Parliaments says thus by Parliaments all the wholesom Fundamental Laws of this Land were and are Establish'd and Confirmed By Act of Parliament the Pope's Power and Supremacy in this Kingdom and the Romish Superstition and Idolatry were abrogated and abolished By Act of Parliament God's true Religion Worship and Service are or may be establish'd and maintain'd By Act of Parliament the two Universities of Oxford and Cambridge with other Cities and Towns have had many Privileges and Immunities granted em By Parliament one Pierce Gaveston a great Favourite and Misleader of King Ed. 2. was remov'd and Banished and afterwards by the Lords Executed Also by Parliament the Spencer's Favourites and Misguiders of the same King were Condemned c. and so was Delapool in H. 6. Time and others since By Parliament Empson and Dudley two notable Polers of the Common-wealth by exacting Penal Laws on the Subjects were Discover'd and afterwards Executed By Parliament the Damnable Gunpowder Treason hatch'd in Hell is recorded to be had in Eternal Infamy By Parliament one Sir Giles Mompesson a Caterpiller and Poler of the Common-wealth by exacting upon In-holders c. was discover'd degraded and Banished by Proclamation By Parliament Sir Francis Bacon Note the Censure on the late E. of Macclesfield Quere made by K. James 1. Baron of Verulam Viscount of St. Albans and Lord Chancellor of England was for Bribery c. discover'd and displac'd By Parliament Sir John Bennet one of the Judges of the Prerogative Court being Pernitious to the Common-wealth in his Place was discover'd and displac'd By Parliament Lyonel Cranfield sometime a Merchant of London and made by K. James 1. Earl of Middlesex and Lord Treasurer of England being hurfull in his Place to the Common-wealth was discover'd and displaced By Parliament Note Sir Francis Mitchell a jolly Middlesex Justice of Peace in the Suburbs of London another Canker-worm of the Common-wealth by Corruption in exacting an Execution of the Laws upon poor Alchouse-keepers Victuallers c. was discover'd and degraded from his Knighthood and
utterly disabled from being a Justice of Peace By Parliament Ib. p. 46. the Spanish Frauds were discovered and by an Act of Parliament the two Treaties i. e. touching the Spanish Match and for restoring the Palatinate both which had cost the King and his Subjects much Money and much Blood were Dissolved and Annihilated And we may remember says the same Author That that sage Councellor of State Sir William Cecil Lord Burley and Lord Treasurer of England was oft Times heard to say He knew not what a Parliament might not do which saying was approved by K. James 1. and is cited by him in one of his publick Speeches The Parliament says one is of an absolute and unlimited Power in all Things Temporal within this Nation Sir Robers Atkins's Argument p. 50. Bract. fo 34. Fleta p. 2. 17. Another says Parliamentum omnia potest Bracton and Fleta both affirm Rex habet Superiorem in Regno Scilicet Curiam suam i. e. Comites Barones doubtless the Lords and Commons qui apponuntur Regi ut si Rex sine Fraeno i. e. sine Lege fuerit Debent ei Fraenum apponere c. Nay some great Authors have asserted Quod Concilium hoc i. e. Parliamentum Facultatem habet Deponendi Regem Malum Substituendi Novum See Mat. Paris per Watts pag. 498. Knighton de Eventibus Angliae p. 2683. in the Decem. Scriptores and that this Power is claimed ex antiquo Statuto c. Knighton has a remarkable Passage concerning the Execution of that antient Statute in the Cases of E. II. and R. II. which at this Time I forbear to Transcribe or Translate Note It appears by Mat. Paris p. 99. c. That the Commons were then i. e. 15 H. II. summoned to the Parliament held at Clerkenwell and that they also were a Part of the Parliament in the Time of K. H. I. See before p. 34. 35. c. CHAP. IV. Of the House of Lords in general THE House of Peers Rushw eol vol. 3. part 1. p. 777. are the hereditary Counsellors of the King and Kingdom as the House of Commons are the representative Body of the whole Commons of the Kingdom There certainly cannot in the whole World be seen a more illustrious Court Nalson 566. than this high and honourable Assembly of Peers in Parliament nor any Thing of greater Benefit and Advantage to the Subjects of this Monarchy No Lord of Parliament can sit there Sir Simon d'Ewes's Jour 11. Col. 1. till he be full One and twenty Years unless by special Grace of the Prince and that very rarely unless they be near upon the Age of Twenty one Years at least A Bishop elect may sit in Parliament Ibid. ante 3 4 43 44. as a Lord thereof i. e. if called thereto by Writ Q. For he is not properly a Peer or even a Bishop till his Temporalties are granted to him If the King by his Writ calleth any Knight or Esquire to be a Lord of the Parliament 4 Inst 44. he cannot refuse to serve the King there in communi illo Consilio for the Good of his Country It lies in the Favour of the Prince Sir Simon d'Ewes Journal 2.4 Col. 2. to make Heirs of Earldoms Members of the upper House by summoning them thither by Writ but then they take not their Place there as the Sons of Earls but according to the Antiquity of their Fathers Baronies The Archbishop of Canterbury is the first Peer of the Realm Id. 140. Col. 1. The Earl-Marshal's Place in Parliament is betwixt the Lord Chamberlain Id. 535. Col. 2. and the Lord Steward See the Statute No Man ought to sit in that high Court of Parliament 4 Inst 45. but he that hath Right to sit there If a Lord depart from Parliament Id. 44. without License it is an Offence done out of the Parliament and is finable by the Law 4 June 1642 Rushw Col. Vol. 3. part 1.737 Post upon an Order of the House of Lords to those Lords that had left the Parliament and repaired to the King at York requiring their Appearance as Delinquents in the Answer they returned to it there are these Words We do conceive that it is the apparent usual and inherent Right belonging to the Peerage of England that in the highest Misdemeanors whatsoever no Peer is to answer to the first Charge but in his own Person and not upon the first Charge to come to the Bar. Any Lord of the Parliament 4 Inst 12. by License of the King upon just Cause to be absent may make a Proxy 43 Eliz. 1601 Towns Col. 135. Vide Sir Simon d'Ewes Journal 605. agreed by the Lords That the antient Course of the House is That the Excuses of such Lords as shou'd happen to be absent from the House upon reasonable Occasions ought to be done by some of the Peers and not by other Information Anno Domini 1626 Rushw Col. Vol. 1. p. 365. 2 Car. 1. resolved upon the Question by the whole House Nemine dissentiente That the Priviledge of this House is That no Lord of Parliament the Parliament sitting or within the usual Time of Priviledges of Parliament is to be imprisoned or restrained without Sentence or Decree of the House unless it be for Treason or Felony or refusing to give Surety of the Peace N. B. This was upon the King's having committed the Earl of Arundel to the Tower without expressing the Cause of his Commitment All the Priviledges which do belong to those of the Commons House of Parliament Hakewell 82. a fortiori do appertain to all the Lords of the upper House for their Persons are not only free from Arrests during the Parliament but during their Lives Nevertheless the original Cause is by Reason they have Place and Voice in Parliament And this is manifest by express Authorities grounded upon excellent Reasons in the Books of Law A Proxy is no more than the constituting of some one or more by an absent Lord Sir Simon d'Ewes Journals 5. Col. 2. to give his Voice in the upper House when any Difference of Opinion and Division of the House shall happen for otherwise if no such Division fall out it never cometh to be question'd or known to whom such Proxies are directed nor is there any the least Use of them save only to shew prove and continue the Right which the Lords of the upper House have both to be summon'd and to give their Voices in the same House either in their Persons or by their Proxies As many Proxies as any Peer hath Ibid. Col. 2. so many Voices he hath beside his own and if there be two or three Proxies constituted by one absent Lord as is frequent then always the first named in the same is to give the Voice if he be present and if absent then the second sic de reliquis It is plain by the antient Treatise Ibid. 6. Col. 1. Modus tenendi Parliamentum That if a Peer neither came to the Parliament nor sent
c. 6 7. the Lords may proceed in Judgment against the Delinquents of what Degree soever and of what Nature soever the Offence be For where the Commons complain the Lords do not assume to themselves Trial at Common Law Q. Neither do the Lords at the Trial of a Common Impeachment by the Commons decedere de Jure suo for the Commons are then instead of a Jury and the Parties Answer and Examination of Witnesses are to be in their Presence Post 120. or they to have Copies thereof and the Judgment is not to be given but upon their Demand which is instead of a Verdict so the Lords do only judge not try the Delinquent 28 Hen. 6. Id. 98. Tho' the Lords refused to commit the Duke of Suffolk upon the Commons complaint of him of a common Fame of Treason yet when they accused him of a particular Treason he was Committed and brought Prisoner to his Answer But in Cases of Misdemeanors it is otherwise Then the Party accused whether Lord or Commoner answers as a Freeman viz. The Lord within his Place Ibid. the Commoner at the Bar and they are not committed till Judgment unless upon the Answer of a Commoner the Lords find Cause to commit him till he find Sureties to attend c. lest he should fly Prout Jo. Cavendish upon the Lord Chancellor's demand of Justice against him for his false Accusation was Committed after his Answer until he put in Bail Anno 7 Rich. 2. and before Judgment In Cases of Misdemeanors only Id. 105. the Party accused was never deny'd Counsel If the Commons do only complain Id. 163. and do neither impeach the Party in Writing nor by Word of Mouth in open House nor demand Trial to be in their Presence Post 120. in these Cases it is in the Election of the Lords whether the Commons shall be present or not In Complaints of Extortion Id. 173. and Oppression the Lords awarded Satisfaction to the Parties wronged which sometime was certain sometime general but alway secundum non ultra Legem It appeareth plainly by many Precedents Id. 176 177. that all Judgments for Life and Death are to be render'd by the Steward of England or by the Steward of the King's House and this is the Reason why at every Parliament the King makes a Lord Steward of his House tho' he hath none out of Parliament And at such Arraignment the Steward is to sit in the Chancellor's Place and all Judgments for Misdemeanors are by the Chancellor or by him who supplies the Chancellor's Place In Case of Recovery of Damages Id. 187. or Restitution the Parties are to have their Remedy the Parliament being ended in the Chancery and not in any other inferior Court at the Common Law But the Lords in Parliament may direct how it shall be levied The Judges who are but Assistants to the Upper House have leave from the Lord Chancellor or Keeper Sir Simon d'Ewes Journal 527. Col. 2. to sit cover'd in the House but are alway uncover'd at a Committee 3. Car. 1. Petyt's Msscel Parliam 212 213. The Sentence of the Lords Spiritual and Temporal pronounced by the Lord Keeper against Ensign Henry Reynde for ignominious Speeches uttered by him against the Lord Say and Seal and for his Contempt of the High Court of Parliament was thus 1. That he never bear Arms hereafter but be accounted unworthy to be a Soldier 2. To be imprisoned during Pleasure 3. To stand under the Pillory with Papers on his Head shewing his Offence at Cheapside London or at Banbury 4. To be fined at 200 l. to the King 5. To ask Forgiveness here of all the Lords of Parliament in general and of the Lord Say and his Son in Particular both here and at Banbury And the Court of Star-Chamber ordered by the Lords to put the said Sentence in Execution out of Time of Parliament Id. 213. Vide a Sentence pronounced by the Lords Die Martis 26. Julij 1642. against one John Escot of Launceston in the County of Cornwall for speaking Scandalously of the Parliament in Rush Col. Vol. 1. f. 759 760. And likewise against John Marston Clerk Rector of St. Mary Magdalen in the City of Canterbury ibid. See divers particulars touching the Power and Jurisdiction of the House of Lords in Prynn's Plea for the House of Lords c. as also a Book printed Anno 1669. Entitled The Grand Question concerning the Judicature of the House of Peers Stated c. See also Sir M. Hales of Parliaments Pa. 138 139. and ibid 140 c. where Attendants on the upper House may be Members of the House of Commons Q. CHAP. VI. House of Commons THE House of Commons was originally Sir R. Atkyns Argument c. p. 13. and from the first Constitution of the Nation the Representative of one of the three Estates of the Realm and a part of the Parliament It is assirmed by Mr. Lambard Lambard's Archeion 257 258. that Burgesses were chosen to the Parliament before the Conquest The antient Towns call'd Boroughs Littleton Sect. 164. are the most antient Towns that are in England for the Towns that now are Cities or Counties in old Time were Boroughs and call'd Boroughs for that of such old Towns came the Burgesses to the Parliaments Knights of the Shire to serve in Parliament Sir Rob. Atkyn's 18. and the paying Wages to them for their Service has been Time out of Mind and did not begin 49 Hen. 3. for that is within Time of Memory in a Legal Sense The House of Commons Id. 34. as a Member of the High Court of Parliament have been as antient as the Nation itself and may in the Sense of Julius Caesar be accounted among the Aborigines and that they have had a perpetual Being to speak in the Language of the Law a Tempore cujus Contraria memoria Hominum non existit and that they are therefore capable by Law together with the rest of the three Estates in Parliament to prescribe and claim a share in all Parliamentary Powers and Priviledges I do not mean seperately but in conjunction with those other Estates which they could not otherwise legally have done if their Original and Commencement could have been shewn During the British Saxon Petyt's Preface to the antient Rights of the Commons c. p. 3. and Norman Governments the Freemen or Commons of England as now call'd and distinguish'd from the great Lords were pars essentialis constituens an essential and constitutent part of the Wittena Gemot Commune Concilium Baronagium Angliae or Parliament in those Ages It is apparent Id. 12. and past all Contradiction that the Commons in the Times of the Britons Vid. Ch. 1 ante Saxons and Picts were an essential Part of the Legislative Power in making and ordaining Laws by which themselves and their Posterity were to be Govern'd and that the Law was then the golden Metwand and Rule which Measured out and allowed the Prerogative of the Prince and
Liberty of the Subject and when obstructed or denyed to either made the Kingdom deformed and leprous I may with good Reason and Warranty conclude Id. 125. that our Ancestors the Commons of England the Knights Gentlemen Freeholders Citizens and Burgesses of a great and mighty Nation were very far from being in former Times such Vassals and Slaves or so abject poor and inconsiderable as the absurd and malicious Ignorance and Falsities of late Writers have been pleased to make and represent them especially the Author of the Grand Freeholders Inquest and Mr. James Howel c. as if they were only Beasts of Carriage and Burthen ordain'd to be tax'd and talliated and have their Lives Estates and Liberties given away and disposed of without their own Assents If the Commons do only Accuse by any way of Complaint whatsoever Selden's Judicature c. 14. and do not declare in Special against the Party accused then the Suit is the King's and the Party is to be Arraigned or otherwise proceeded against by Commandment Ex parte Domini Regis In the Lower House sit the Speaker Crompton 2.4 Inst 1. and the Knights Citizens Burgesses and Barons of the Cinque-Ports who represent the Body of the whole Commonalty of England All Persons St. 5 Rich. 2 c. 4. Rast 140. and Commonalties which shall be summon'd to Parliament shall come as they have been used and accustom'd of antient Time and he that shall not come having no reasonable Excuse shall be amerced and otherwise punish'd as of antient Time hath been used Vide ante p. 17. Algernon Sidney c. 3. Sect. 38 An Eminent and Noble Author has in his Discourses on Government asserted that the Power of calling and dissolving Parliaments is not simply in our Kings alone And in support of this Assertion gives us the following Reasons viz. First says he the King can have no such Power unless it be given him by Law for every Man is naturally Free and the same Power that makes him King gives him all that belongs to his being King and no more 'Tis not therefore an Inherent but only a Delegated Power and whoever Receives it is accountable to those who gave it for they who give Authority by Commission do always retain more than they Grant Secondly The Law for Annual Parliaments expresly Declares it not to be in the King's Power as to their Meeting nor consequently as to their Continuance for they meet to no Purpose if they may not continue to do the Work for which they meet and it were absur'd to give them a Power of Meeting if they might not continue till the End for which they met were attained Qui Dat Finem Dat Media ad Finem Necessaria the only Reason End why Parliaments do Meet is to provide for the publick Good and they ought to Meet and continue for that End they ought not therefore to be Dissolved till it be accomplished and 'twas for this Reason that the Opinion given by Tresilian that Kings might Dissolve Parliaments at their Pleasure Note was adjudg'd to be a principal part of his Treason See other Reasons there Assign'd and on the whole he concludes that Parliaments have in themselves a Power of Meeting Sitting and Acting for the Publick Good After which Ibid p. 432. he further Prosecutes the same Point and then proceeds to shew That as the Peoples Delegatees or Representatives in Parliament do not meet there by a Power derived from Kings but from those that chuse them so they who Delegate Powers do always retein to themselves more than they give and therefore the People do not give their Delegates an absolute Power of doing what they please but do always retein to themselves more than they confer on their Deputies who must therefore be accountable to their Principalls Vide plura ibid. CHAP. VII The Power of the House of Commons in particular Cases THE House of Commons is a House of Information and Presentment Rush Coll. 217. vol 1. but not a House of Definitive Judgment The House of Commons is a considerable Grand Jury Trials of the Regicides p. 53. 'tis a good Billa vera they return their Orders are Records and that appears also by 6. H. 8. c. 16. where the Words are viz. And the same Licence shall be entred on Record in the Book of the Clerk of the Parliament appointed or to be appointed for the Common's House c. Sir Audley Mervyn's Speech to the Duke of Ormond 13. Heb. 1662. containing their Sum of Affairs in Ireland p. 17. And more directly in their point upon the Trial of Harrison the Regicide Mr. Jessop was produc'd to attest several Orders of the Common's House Mr. Jessop being Clerk of the House Note the said Stat. 6. H. 8. c. 16. says Rast Stat. p. 429. 4. Inst 23. Hales of Parl. 213. 215. That no Member should depart from the Parliament nor absent themselves from the same without the Licence of the Speaker and Commons in Parliament Assembled to be entred upon Record in the Book of the Clerk of the Parliament And yet some Judges have been of Opinion Hob. Rep. 110.111 that the Journals of the House of Commons are no Records but only Remembrances Before the Year 1550. 3. E. 6. Bur. Hist Ref. vol. 2. p. 143. it seems that no Eldest Sons of Peers were Members of the House of Commons and Sir Francis Russel becoming by the Death of his Elder Brother Heir Apparent to the Lord Russel it was on the 21st of January carried upon a Debate that he should abide in the House as he was before But this was by a special Order so it is entered in the Original Journal of the House of Commons and is the first Journal that ever was taken in that House 1. Car. 1. 1625. Resolved Rush ib. that common Fame is a good Ground of Proceeding for this House either by Enquiry or Presenting the Complaint if the House find Cause to the King or Lords 26 Jan. 28 Hen. 6. Selden's Judicat p. 29. Vid. id 38 The Commons required the Duke of Suffolk might be committed to Ward for that the General Fame went of him c. The Lords on Consultation with the Justices thought the same to be no good Cause of Commitment unless some special Matters were objected against him It is certain Pettyt's Miscell Pref. c. p. 5. and not to be deny'd That in elder Time the People or Free-men had a great Share in the Publick Council or Government For Dion Cassius or Xiphiline out of him in the Life of Severus assures us Apud hos i. e. Britannos Populus magna ex Parte Principatum tenet It was not in the Power of all the Tenants in Capite in England Id. 47 48. tho' with the King's Consent to bind and oblige others or to make or alter a Law sine Assensu Communitatis Regni who had Votum consultivum decisivum an Act of Authority and Jurisdiction as well in assenting to Spiritual Laws as Temporal
Petyt 's Miscell Parl. 111. The Mayor of Winchelsey for mis-behaving himself at the Election of Parliament Men for that Town and making a false Return ordered to be committed to the Serjeant and to make a Submission at the Bar and an Acknowledgment in the Town before the new Election 20 Jac. 1 Id 112. The Mayor of Arundel for mis-behaving himself in the Election by putting the Town to a great deal of Charges not giving a due and general Warning and packing a Number of Electors ordered to be sent for and adjudged to pay the Charge to be set down by three of the Members Likewise to every City and Town Arc. Parl. 4. Smith 's Common-wealth 76 which of antient Time hath been wont to find Burgesses of the Parliament so to make Election of their Members that they might be present there at the first Day of the Parliament In 7 Hen. 4 4 Inst 10. 2 Inst 169 it is enacted That Elections shou'd be freely and indifferently made notwithstanding any Prayer or Commandment to the contrary sine Praece vel Pretio without any Prayer or Gift and sine Praecepto without Command-the King by Writ or otherwise or of any other The King de advisamento Concilii 4 Inst 4. resolving to have a Parliament doth out of the Court of Chancery send out Writs of Summons at the least forty Days before the Parliament begin The third Estate is the Commons of the Realm 4 Inst 1. Crompton's Juris 2. whereof there be Knights of the Shires or Counties Citizens of Cities and Burgesses of Boroughs All which are respectively elected by the Shires or Counties Cities and Boroughs by Force of the King's Writ ex debito Justitiae and none of them ought to be omitted These represent all the Commons of the whole Realm are entrusted for them Ibid. and are in Number at this Time now 558 viz. 513 for England and 45 for Scotland Whosoever is not a Lord of Parliament Id. 2. and of the Lord's House is of the House of Commons either in Person or by Representation partly coagmentative and partly representative Every Member of the House being a Counsellor for the Kingdom Id. 3. shou'd have three Properties First to be without Malice or Envy Secondly to be constant and inflexible Thirdly to be of ripe and perfect Memory as appeareth in Parliament Roll Rot. Parl. 3 H. 6. n. 3. The Knights of the Shire are chosen by all the Gentlemen and Yeomen i. e. Freeholders of the Shire Arc. Parl. 5. Smith 's Common-wealth 77. present at the Day assign'd for the Election The Voice of any absent is to be counted for none Concerning the Writs for summoning the Knights and Burgesses and the Return of the Sheriff thereupon Vide Crompton's Juris 1.2 Every Englishman is intended to be there present Arc. Parl. 3. either in Person or by Procuration and Attorney and the Consent of the Parliament is taken to be every Man's Consent These meeting at one Day Id. 10. Smith 's Common-wealth 77. the two who have most of their Voices are chosen Knights of the Shire for that Parliament Likewise by the Plurality of the Voices of the Citizens and Burgesses the Citizens and Burgesses are elected The Election ought to be in full County 4 Inst 48. between Eight and Nine says the Statute of 23 Hen. 6. c. 15. No Election can be made of any Knight of the Shire but between Eight and Eleven of the Clock in the Forenoon says the Lord Coke But if the Election be begun within the Time and cannot be determined within those Hours the Election may be made after Any Election or Voices given Id. 49. before the Precept be read and published are void and of no Force for the same Electors after the Precept read and published may make a new Election and alter their Voices Secundum Legem Consuetudinem Parliamenti For the Election of the Knights Id. 48. if the Party or Freeholders demand the Poll the Sheriff cannot deny the Scrutiny for he cannot discern who be Freeholders by the View and tho the Party would wave the Poll yet the Sheriff must proceed in the Scrutiny The Knights shall be returned into Chancery by Indenture seal'd betwixt the Sheriff and the Choosers of Knights for the Parliament St. 8 H. 6. c. 7. 7 H. 4. c. 1. 23 H. 6. c. 15. Vide Crompton's Juris 3. 2 Nalson 870. Jan. 1641 in the Case of Mr. Downs return'd a Burgess for Arundel order'd That he be presently sworn and admitted as a Member into the House until such Time as the Election be determin'd A Burgess elected for two several Boroughs Sir Simon d'Ewes Jour 430 622. passim Petyt 's Miscel Parliament 112 113. may choose for which he will serve 21 Jac. 1 Edward Ingry Under-Sheriff of Cambridgeshire for refusing the Poll declaring that Sir Thomas Steward promised to defend him against Sir John Cutts was brought to the Bar and kneeling upon his Knees adjudg'd to be committed to the Serjeant's Custody and to make a Submission at the Bar and at the next Quarter-Sessions and to acknowledge his Faults 3 Car. 1 Id. 113. to 120. Thomson Sheriff of York for his hasty and precipitate Judgment of an Election and denying the Poll being requir'd and Alderman Henlow for advising and abetting the same adjudged to stand committed to the Serjeant during Pleasure to acknowledge their Offences at the Bar to pay all due Fees to defray the Charge of Witnesses to be assessed by four of the Committee to acknowledge their Faults on their Knees at the Bar and to read a Submission After the Precept of the Sheriff directed to the City or Borough for making an Election Id. 49. there ought secundum Legem Consuetudinem Parliamenti to be given a convenient Time for the Day of Election and sufficient Warning given to the Citizens and Burgesses that have Voices that they may be present otherwise the Election is not good unless such as have Voices do take Notice of themselves and be present at the Election When there is a Corporation made by Charter Hobart 15. Dungannon 's Case in Ireland and by the same an Ordinance that the Provost and Burgesses only shall choose c. the Law shall vest this Priviledge in the whole Corporation in mandment of Point of Interest tho the Execution of it be committed to some Persons Members of the same Corporation The King cannot grant a Charter of Exemption to any Man 4 Inst 49. to be freed from Election of Knight Citizen or Burgesses of Parliament as he may do of some inferior Office or Places because the Election of them ought to be free and his Attendance is for the Service of the whole Realm and for the Benefit of the King and his People and the whole Common-wealth hath an Interest therein 18 Eliz. 1575 resolved Sir Simon d'Ewes 244. Col. 2. Vide contra Sir Simon d'Ewes Jour 281 282. That any Person being a Member of the House and being either in
is England of the Cities and Boroughs within his County reciting the said Writ commanding them by his Precept if it be a City to choose c. Citizens and in the same Manner if it be a Borough to choose Burgesses And every Sheriff at every Time that he doth contrary to this Knights Citizens or Burgesses elected not duly return'd the Sheriff acting contrary to have Action of Debt against him his Executors or Administrators for 100 l. with Costs wherein no Wager of Law c. or any other Statute for the Election of Knights Citizens and Burgesses before made shall forfeit and pay to every Person chosen Knight Citizen or Burgess in his County and not duly returned 100 l. whereof every Knight Citizen or Burgess so griev'd severally shall have his Action of Debt against the said Sheriff or his Executors or Administrators to demand and have the said 100 l. with his Costs spent And that the Defendant shall not wage his Law or have any Essoign And if any Mayor and Bailiffs The like Action given against Mayor or Bailiffs their Executors or Administrators for 40 l. Debt and Costs for returning others than such as are chosen Citizens and Burgesses by Citizens and Burgesses And no Wager of Law c. Such Knt. Citizen and Burgess to commence the Action within 3 Months after the Commencement of such Parliament and proceed without Fraud or Bailiffs or Bailiff where no Mayor is shall return others than those which be chosen c. he shall forfeit and pay to every Person hereafter chosen Citizen or Burgess and not returned 40 l. whereof every of the Citizens and Burgesses so grieved severally shall have his Action of Debt against every of the said Mayor and Bailiffs or Bailiffs or Bailiff where no Mayor is or against their Executors England Administrators to demand and have of every of them 40 l. with his Costs in this Case expended And that in such Action of Debt no Defendant shall wage his Law nor have any Essoign Provided that every Knight Citizen and Burgess in due Form chosen and not returned as asoresaid shall begin his said Action within three Months after the Parliament commenced and to proceed in the same Suit effectually without Fraud And if any Knight If any Knt. Citizen or Burgess return'd be put out c. 100 l. forfeited to the King by any Person put in his place and serving as such And a like Action against him c. for 100 l. Debt and Costs to the partygrieved to be commenced within 3 Mo. after the Commencement of Parliam No Wagers of Law c. And like Process as in Trespass at common Law Citizen or Burgess hereafter returned by the Sheriff in Manner asoresaid after such Return be by any Person put out and another put in his Place that such Person so put in the Place of him which is out if he take upon him to be Knight Citizen or Burgess at any Parliament shall forfeit to the King 100 l. and 100 l. to the Knight Citizen or Burgess so returned by the Sheriff and after put out And that the Knight Citizen or Burgess so put out shall have an Action of Debt of the same 100 l. against such Person put in his Place his Executors or Administrators England provided he begin his Suit within three Months after the Parliament commenced c. And that no Defendant in such Action shall wage his Law nor be essoigned And that such Process shall be in the Actions aforesaid as in a Writ of Trespass against the Peace at Common Law That the Knights of the Shires for the Parliament shall be notable Knights of the same Counties Knts. of the Shires be Knts. of the Counties they shall be elected for or Esquires or Gentlemen able to be Knts. and not Yeomen c. for the which they shall be chosen or otherwise such notable Esquires or Gentlemen born of the same Counties as shall be able to be Knights And no Man to be such Knight which standeth in the Degree of a Yeoman or under That no Knights of Shires Citizens St. 6 H. 8 c. 16. Knts. Citizens c. not to depart or be absent from Parliament without leave of the House to be entred in the Journal Burgesses and Barons of Cinque-Ports nor any of them that be elected to Parliament do depart from the said Parliament nor absent himself from the same till the said Parliament be fully finished ended or prorogued except he or they so departing have Licence of the Speaker and Commons in the said Parliament assembled England and the same Licence entred of Record in the Book of the Clerk of the Parliament appointed for the Commons House c. That the two Knights to be elected to Parliament for the Shire of Monmouth heretofore Part of Wales and the one Burgess for the Borough of Monmouth St. 27 H. 8. c. 26. The two Knts. and one Burgess for the Borough and County of Monmorth to have like Privilege c. as other Knights and Burgesses shall have like Dignity Pre-eminence and Privilege as other Knights and Burgesses of Parliament And that the Knight which shall be elected for the Shires of Brecknock And Knt. for each County and Burgess for each Shire-Town in Wales to have like Privileges c. Radnor Montgomery and Denbigh and for every other Shire within the Country or Dominion of Wales and for every other Borough being a Shire-Town within the same shall have like Dignity Pre-eminence and Privilege as other Knights of Parliament That the two Knights to be elected for the County Palatine of Chester The two Knts. for the County and two Burgesses for the City of Chester to have like Privileges c. and two Citizens as Burgesses for the City of Chester shall be Knights and Burgesses of the Court of Parliament and have like Voice and Authority to Intents and Purposes as any other the Knights and Burgesses of the said Court have use and enjoy c. Vide ante 176. That the two Knights to be elected for the County England and the two Citizens as Burgesses for the City of Durham the Election of Knights of the Shire to be by a Majority of Freeholders Stat. 25 C. ch 29. ante The two Knights to be elected for the County and two Burgesses for the City of Durham by a Majority of Freeholders and a like Majority of Mayor Aldermen and Freemen present to have like Privileges c. and the Burgesses by a Majority of the Mayor Aldermen and Freemen present at such Election shall be Knights and Burgesses of the High Court of Parliament to all Intents and Purposes and have and use the like Voice Authority and Places therein to all Intents and Purposes as any other the Knights and Burgesses of the said Court and shall have use and enjoy all such and the like Liberties Advantages Dignities and Privileges concerning the said Court to all Intents Constructions and Purposes as any other the Knights and
the Officers and Persons making or procuring the same and every or any of them at his Election in any of his Majesty's Courts of Record at Westminster and shall recover double the Damages he shall sustain by reason thereof together with his full Costs of Suit And if any Officer shall willfully Like Action given the elected against Officer c. falsly c. making double Returns and the Prosecuters of such Returns Contracts Bonds c. given to procure the Return of any Members adjudged void and such Members as make or give them to procure any false or double Return forfeit 300 l. One third to the King another to the Poor of the County City c. and a third to the Informer with his Costs to be recovered by Action of Debt c. wherein no Essoign c. and but one Imparlance falsly and maliciously Return more Persons than are required to be chosen by the Writ or Precept on which any Choice is made the like Remedy against him or them and the Party or Parties that willingly procure the same or any of them by the Party grieved at his Election All Contracts Promises Bonds and Securities whatsoever hereafter made or given to procure any Return of any Member to Parliament or any thing relating thereunto shall be adjudged void and whoever makes or gives such Contract Security Promise or Bond or any Gift or Reward to procure such false or double Return shall forseit the Sum of 300 l. one third part to his Majesty another third part to the Poor of the County City Borough or Place concerned England and one third part to the Informer with his Costs to be recovered in any Court of Record at Westminster by Action of Debt Bill Plaint or Information wherein no Essoign Protection or Wager of Law shall be allowed nor more than one Imparlance The Clerk of the Crown to keep a Book of Entry of every single and double Return Clerk of the Crown to keep Books of Entry of Returns c. and of every Alteration and Amendment in every such Return whereto all Persons are to have access and take Copies of so much as desir'd at a reasonable Fee The Parties prosecuting such Suit Candidates may give such Book or a true Copy thereof in Evidence and have like Advantage as by producing the Record itself And if the Clerk of the Crown makes not such Entry within six Days after any Return or alters any Return without Order of the House of Commons or gives a Certificate of any Person not returned or wilfully neglects or omits his Duty herein he shall forfeit 500 l. for each Offence to the parth grieved Candidate to be recovered as aforesaid and lose his Office and be for ever incapable of holding it Every Information or Action upon this Statute England shall be brought within two Years after the cause of Action shall arise Informations or Actions on this Statute to be brought within 2 Years and not after That upon every Election to be made of any Knight or Knights of the Shire in case a Poll shall be requir'd the Sheriff or his Under-Sheriff shall appoint for each Candidate such one Person as shall be nominated to him by each Candidate Candidates for Knights of the Shire may nominate Persons to be Inspectors of the Poll and may require each Freeholder to be sworn before admitted to Poll. to be Inspectors of every Clerk who shall be appointed for taking the Poll and every Freeholder before he is admitted to Poll at the same Election shall if required by the Candidates or any of them first take the Oath in this Act contained Vide ante And if any Person do unlawfully and corruptly procure or suborn any Freeholder or Person to take the said Oath in order to be Polled Any Person procuring a Freeholder or other to take the Oath for the Poll whereby he commits Perjury and convicted of such Subornation for every Offence forfeits 40 l. and be incapacitated as a Witness till such Judgment reversed and for want of 40 l. imprisoned half a Year and stand in the Pillory an Hour per Stat. 5 Eliz. ch 9. whereby he shall commit wilful and corrupt Perjury and shall be thereof convicted he for every such Offence shall incur the like Pains and Penalties as are in and by one Act made in the 5th Elizabeth c. enacted against all such who shall c. Suboru or Procure any Person to commit any unlawful and corrupt Perjury contrary to the said Act. England The said Sheriff Without the Candidates consent the County Court not to be adjourned from the place of Election nor the Poll discontinued or in his Absence his Under-Sheriff or such as he shall depute shall not adjourn the County-Court from the Place of Election to any other Town or Place within the same County without consent of the Candidates but shall duly and orderly proceed to take the Poll from Day to Day and Time to Time without any further or other Adjournment without the Consent of the Candidates for such Adjournment Every Sheriff Any Person may demand a Copy of any Poll which the Sheriffs Mayors c. are required to deliver paying reasonably for writing it To each Party grieved Mayors Sheriffs c. for every wilful offence forfeit 500 l. to be recover'd by such Party his Executors or Administrators with full Costs by Action of Debt c. wherein no Essoign c. Under-Sheriff Mayor Bailiff and other Officer to whom the Execution of any Writ or Precept shall belong for the electing Members to Parliament shall forthwith deliver to such Person or Persons as shall desire the same a Copy of the Poll taken at such Election paying only a reasonable Charge for writing And every Sheriff Under-Sheriff Mayor Bailiff and other Officer to whom the Execution of any Writ or Precept for electing Members to Parliament doth belong for every wilful Offence contrary to this Act shall forfeit to every Party so aggrieved the Sum of 500 l. to be recovered by him or them England his or their Executors or Administrators together with full Costs of Suit and for which he or they may Sue by Action of Debt Bill Plaint or Information in any Court at Westminster wherein no Essoign Protection Wager of Law Privilege or Imparlance shall be allowed No Person shall be capable of being elected a Member to Parliament who is not of the Age of 21 Years None shall be elected under the age of 21 Years The choice of any elected under that Age declared void and such Minor sitting c. in Parliament shall incur like Penalties as if sitting c. unchosen or returned and every Election or Return of any Person under that Age is declared Null and Void And if any such Minor chosen shall presume to sit or vote in Parliament he shall incur such Penalties and Forfeitures as if he had presumed to Sit and Vote in Parliament without being chosen or returned The Sheriff of
sit there during any Debate in the said House of Commons After 29 Sept. 1715 No Member to vote before taking the Oaths after the Speaker is chosen until such Peer or Member shall from Time to Time respectively take the Abjuration Oath which Oath see instead of the Oath of Abjuration which before by Law ought to have been taken in such Manner and together with such other Oaths and Declaration against Transubstantiation as the said former Oath of Abjuration ought to have been taken And further That if any Person that now is or hereafter shall be a Member of the House of Commons Penalty in this or any succeeding Parliament Vid. ante and after the said 29th of September presume to vote not having taken the said Oath and subscribed the same as aforesaid every such Member so offending shall be disabled to sue or use any Action Bill Plaint or Information in any Court of Law or to prosecute any Suit in any Court of Equity or to be Guardian of any Child or Executor or Administrator of any Person or be capable of any Legacy or Deed of Gift or to be in any Office within this Realm of Great Britain or to vote at any Election for Members to serve in Parliament and shall forfeit the Sum of five hundred Pounds to be recovered by him or them that shall sue for the same to be prosecuted by Action of Debt Suit Bill Plaint or Information in any of His Majesty's Courts at Westminster wherein no Essoign Protection or Wager of Law shall lie or any more than one Imparlance Note and by Way of summar Complaint before the Court of Justiciary in Scotland Enacted St. 1 G. 1. c. 56. Persons having Pensions from the Crown incapacitated That no Person having any Pension from the Crown for any Term or Number of Years either in his own Name or in the Name or Names of any other Person or Persons in Trust for him or for his Benefit shall be capable of being elected or chosen a Member of or for sitting or voting as a Member of this present or any future House of Commons which shall be hereafter summoned Enacted Penalty 20 l. per Day That if any Person who shall have such Pension as aforesaid at the Time of his being so elected or at any Time after during such Time as he shall continue or be a Member of the House of Commons shall presume to sit or vote in that House then and in such Case he shall forfeit twenty Pounds for every Day in which he shall sit or vote in the said House to such as shall Sue for the same in any Court in Westminster-Hall with full Costs by Action of Debt Bill Plaint or Information in which no Essoign Privilege Protection or Wager of Law shall be allowed and only one Imparlance Enacted Stat. 3 G. 1. c. 18. No Member of the Bank disabled St. 3 G. 1. c. 9. Nor of the South-Sea Company That no Member of the Bank of England shall be disabled from being a Member of Parliament See Stat. 5.6 W. M. c. 20. ad idem Enacted That no Member of the South-Sea Company shall be disabled from being a Member of Parliament Enacted That no Governor Director or other Officer of the Corporations for Assurance of Ships St. 6 G. 1. c. 18. Nor Governor c. of Corporations for Assurance of Ships shall be disabled from being a Member of Parliament Enacted That the late Governor St. 7 G. 1. c. 28. The late Governor and Director of the South-Sea Company disabled Deputy-Governor Directors Cashire and Accomptant of the South-Sea Company and John Aislaibe Esq be disabled for ever to sit or vote in either House of Parliament I. A. B. do swear That I truly and bona fide The form of the Candidate's Oath to be taken if required by Stat. 9. Annae have such an Estate in Law or Equity to and for my own Use and Benefit of or in Lands Tenements or Hereditaments over and above what will satisfy and clear all Incumbrances that may affect the same of the annual Value of Six hundred Pounds above Reprizes as doth qualify me to be elected and returned to serve as a Member for the County of according to the Tenor and true Meaning of the Act of Parliament in that Behalf and that my said Lands Tenements or Hereditaments are lying or being within the Parish Township or Precinct of Or in the several Parishes Townships or Precincts of in the County of Or in the several Counties of as the Case may be The like Oath Mutatis Mutandis as to the Value of 300 l. per Annum to be taken by Candidates for a City Borough c. CHAP. XII Of Returns of Sheriffs c. And Amendments of Returns COncerning the Punishment of Sheriffs for their Negligence in returning of Writs 5 R. 2. St. 2. c. 4. or for leaving out of their Returns any City or Borough which ought to send Citizens and Burgesses See the Stat. hereafter p. 229. Every Sheriff who doth not make true Return of Elections of Knights St 8 H. 6. c. 7. 23 H. 6 c. 15. Vide Cromâ—ton's Juris 3. Hakewel 48. Citizens and Burgesses to come to Parliament shall forfeit an hundred Pounds to the King and an hundred Pounds to the Party injured and be imprison'd for a Year without Bail or Mainprize And every Mayor or Magistrate of a Town so offending shall pay forty Pounds to the King and forty Pounds to the Party See the Stat. hereafter p. 236. Note This Action to be by the Party within three Months after the Parliament commenced or after by any other Man who will If the Party do not Hakewel 49. Vide Crompton's Juris 3. and prosecute his Suit with Effect and without Fraud any other Man who will may have the said Suit for the said hundred Pounds as the Knight had and Costs of Suit also shall be awarded to the said Knight or any other who will Sue in his behalf The Sheriff shall make a good Return of his Writ Hakewel 51. and of every Return of the Mayor and Bailiff or Bailiffs where no Mayor is to him made The Burgesses of Leskard in Cornwal being Elected Towns Col. 63. the Town refused to deliver up their Indenture to the Sheriff but the Party Elected made his Indenture and deliver'd it to the Clerk of the Crown who filed it with the rest of the Indentures returned by the Sheriff having endorsed it upon his Writ but this Indenture was never executed by the Sheriff nor returned and yet this Return was held by the Committees to be good Jan. 1641. Ordered Nalson 870. That the High-Sheriff of the County of Sussex who has return'd two Indentures for the Town of Arundel shall be summon'd to appear here at the Bar to amend his Return Sir Simon d'Ewes Jour 490. Col. 2. 35 Eliz. 1592. It was said by the Speaker No Return can be amended in this House For the Writ and the Return are in Chancery
and must be amended there Sed aliter nunc Every Sheriff or other Officer St. 33 H. 8. c. 1. in Ireland returning any Knight Citizen or Burgess chosen in any other Manner than is prescribed in the Statute to forfeit a 100 l. Vide Post If one be duly Elected Knight 4 Inst 49. It cites in the Margin Rot. Parl. 5 H. 4. n. 38. Citizen or Burgess and the Sheriff Return another the Return must be reformed and amended by the Sheriff and he that is duly Elected must be Inserted for the Election in these Cases is the Foundation and not the Return 18 Jac. 1. Scobel 115. The Sheriff of Leicestershire having Returned Sir Thomas Beaumont upon Report from the Committee for Elections that Sir George Hastings was duly chosen the Sheriff was ordered to Return Sir George Hastings to the Clerk of the Crown and he to accept it and file it 21 Jac. 1. Ibid. Upon Report from the Committee of Privileges That in the Election of Mr. John Maynard for Chippingham John Maynard was Chosen but by a Mistake Charles was afterward written in stead of John It was Resolved The Return shou'd be amended without a new Writ and that the Bailiff shou'd do it and not the Clerk of the Crown and that it shou'd be sent down to the Bailiff in the Country and he to Return John Maynard Esq the first Burgess 1. Febr. 1640. Ibid. It being Resolved That the Election of Mr. Erle for one of the Burgesses of Wareham is a good Election Ordered That the Officer when the Return was made or his Deputy or the Electors shou'd amend the Return But the next Day it was Ordered That Edward Harbin the late Mayor of Wareham 's Deputy shou'd come to the Bar of the House and amend the Return 20 Febr. 1640. Ibid. 116. The Bailiff of Midhurst in Sussex came to the Bar being sent for by Order of the House and amended one of the Indentures of Return of Burgesses for that Town and the other was taken off the File If a Sheriff shall Return One for Knt. of the Shire who was unduly Simon d'Ewes Jour 283. Col. 2. or not at all Elected yet he that is so Return'd remains a Member of the House till his Election be declared Void Of double Returns England and new Writs Ex Memorials of Parliament That if any Sheriff be henceforth negligent in making his Returns of Writs of Parliament St. 5 R. 2. c. 4. Sheriffs neglecting to make Returns or leaving out the Returns of Cities or Borought shall be amerced or otherwise punished as in old Times or that he leave out of the said Returns any Cities or Boroughs which be bound and of old Time were wont to come to the Parliament he shall be amerced or otherwise punished in manner as was accustomed in the said Case in times past That from henceforth in order to the Elections of Counties at the next County after the Delivery of the Writ England Proclamation shall be made in full County of the Day and Place of the Parliament St. 7. H. 4. c. 15. Proclamation to be made at the next County-Court after the Delivery of the Writ to the Sheriff for the Election of knights of the Shires and that all they that be there present as well Suitors duly summoned for the same Cause as other shall attend to the Election of the Knights for the Parliament and then in the full County they shall proceed to the Election freely and indifferently notwithstanding any Request or Commandment to the contrary And after they be chosen Sheriff's Return after the Election shall be by Indenture containing the Persons chosen sealed by the Electors and annexed to the Writ the Names of the Persons so chosen be they present or absent shall be written in an Indenture under the Seals of all them that did choose them and tacked to the same Writ which Indenture so sealed and tacked shall be holden for the Sheriff's Return of the said Writ touching Knights of the Shires In Writs of Parliament hereafter to be made this Clause shall be put Et Electionem tuam in pleno Comitatu factam sub sigillo tuo sigillis eorum qui electioni illi interfuerant nobis in Cancellaria nra ad diem locum in brevi contentu certifices indilate England Forasmuch as in the Statute 7 H. 4. ch 15. no Penalty was ordained or limited in special upon the Sheriffs of the County if they make any Returns contrary of the same Statute St. 11. H. 4. c. 1. Of Returns made by Sheriffs contrary to the Statute 7 H. 4. c. 15. Justices of Assize impower'd to inquire and on Inquest and Proof made thereof such Sheriffs to pay 100 l. to the King It is ordained that the Justices assigned to take Assizes shall have Power to inquire at their Assizes of such Returns made and if it be found by Inquest and due Examination before the same Justices that any such Sheriff hath made any Return contrary to the Tenor of the said Statute the same Sheriff shall incur the Penalty of 100 l. to be paid to our Lord the King That all Sheriffs shall have their Answer and Traverse to Inquests and Offices St. 6 H. 6. c. 4. Sheriffs shall have their Traverses to Inquests c. upon the St 7.4 c. 15. 11 H. 4. c. 1. before any Justices of Assizes hereafter to be taken upon the Stat. 7 Hen. IV. chapter 15. and 11 Hen. IV. ch 1. and the said Sheriffs shall not be endamaged unto our Lord the King or his Successors for any such Inquest taken until they be duly convict according to the Form of Law That such are to be chosen Knights of the Shire as have the greatest Number of them that may expend 40 s. by Year and above England and shall be returned by the Sheriffs of every County St. 8 H. 6. c. 7. See Cromp. Juris 3. Hakewell 48. Knights for Parliament by Indentures sealed betwixt the said Sheriffs and the said Choosers And every Sheriff of the Realm of England shall have Power to examine upon the Evangelists every such Chooser how much he may expend by the Year And if any Sheriff return Knights to Parliament contrary to the said Ordinance the Justices of Assizes in their Sessions shall have Power thereof to inquire And if by Inquest the same be found before the Justices and the Sheriff thereof be duly attainted he shall incur the Penalty of 100 l. to be paid to our Lord the King and also that he have Imprisonment by a Year without Mainprize or Bail And that in every Writ hereafter to go forth Quere mention shall be made of this Ordinance That every Sheriff St. 23 H. 6. c. 15. Sheriff after the Receipt of the Writ to deliver a Precept under his Seal to every Mayor Bailiff c. of the Cities and Boroughs within his County reciting his Writ and commanding them to choose c. after the Delivery of any Writ of Election shall
make and deliver without Fraud England a Precept under his Seal to every Mayor and Bailiff or to Bailiffs or Bailiff where no Mayor is of the Cities and Boroughs within his County reciting the said Writ and commanding them if it be by a City to choose by Citizens of the same City Citizens and if it be a Borough a Burgess by the Burgesses of the same to come to the Parliament And that the same Mayor and Bailiffs Mayors Bailiffs c. to return the Precept to the Sheriff by Indentures of the Election and the names of the elected Sheriffs to return the Writ and every Return made by such Mayors Bailiffs c. or Bailiffs or Bailiff where no Mayor is shall return the Precept to the same Sheriff and them to be made of the said Elections and of the Names of the said Citizens and Burgesses by them so chosen and thereupon every Sheriff shall make a rightful Return of every such Writ and of every Return by the Mayors and Bailiffs or Bailiffs or Bailiff where no Mayor is to him made And that every Sheriff Sheriffs acting contrary to this Statute or any other Statute for Elections to pay 100 l. to the King and suffer a Year's Imprisonment with out Bail per Stat. 8 Hen. 6 ch 7. and forfeit to every Person chosen a Knight Citizen or Burgess and not duly returned or to any otherwhich in their Default will sue 100 l to be recovered by Action of Debt against the Sheriff his Executors or Administrators with Costs wherein no Wager of Law c. at every time that he doth contrary to this Statute or any other Statutes for the Election Knights Citizens and Burgesses before this Time made shall incur the Pain contained in the Statute England made the 8th Year of the then King's Reign and moreover shall forfeit and pay to every Person hereafter chosen Knight Citizen or Burgess in his County and not duly returned or to any other Person which in Default of such Knight Citizen or Burgess will sue an hundred Pound whereof every Knight Citizen and Burgess so grieved severally or any other Person which in Desault will sue shall have his Action of Debt against the said Sheriff or his Executors or Administrators to demand and have the said 100 l. with his Costs spent and that in such Action the Desendant shall not wage his Law or have any Essoign And if any Mayor and Bailiffs or Bailiffs or Bailiff Mayors Bailiffs c returning other than those chosen by Citizens and Burgesses shall forfeit 40 l. to the King and to every Person chosen a Citizen or Burgess and not by them returned or to any other that in Default of such Citizen or Burgess will sue 40 l. more to be recovered by like Action of Debt with Costs where no Mayor is shall return other than those which be chosen by the Citizens and Burgesses of the said Cities or Boroughs he shall incur and forfeit to the King 40 l. and moreover shall forfeit and pay to every Person so chosen Citizen or Burgess and not by the same Mayor and Bailiffs or Bailiff or Bailiffs where no Mayor is returned England or to any other Person which in Desault of such Citizen or Burgess so chosen will sue 40 l. whereof every of the Citizens and Burgesses so grieved severally or any other Person which in their Default will sue shall have his Action of Debt against every of the said Mayor and Bailiffs or Bailiffs or Bailiff where no Mayor is against their Executors or Administrators to demand and have of every of them 40 l. with his Costs expended And that in such Action of Debt no Defendant shall wage his Law nor have any Essoign And every Sheriff that maketh no due Election of such Knights in convenient Time that is to say every Sheriff in his full County betwixt the Hour of Eight and the Hour of Eleven before Noon without Collusion and that maketh not good and true Return of such Elections of Knights in Manner aforesaid Sheriff not making Election of Knights of the Shire in a full County Court between 8 and 11 in the Morning and a good Return accordingly to forfeit 100 l. to the King and 100 l. more to him that will sue to be recovered by like Action of Debt with Costs shall forfeit to the King an hundred Pound and also incur the Pain of 100 l. to be paid to him that will sue him his Executors or Administrators by Way of Action of Debt with his Costs expended without waging of Law or having Essoign as aforesaid England Provided always Such Actions to be brought by such Knight Citizen and Burgess within 3 Months after the Commencement of suce Parliament and to be proceeded in without Frand And after that time by any other See Cromp. Juris 3. Hakewel 43. That every Knight Citizen and Burgess chosen and not returned as aforesaid shall begin his said Action within three Months after the same Parliament commenced to proceed in the same Suit effectually without Fraud And if he doth not so another that will sue shall have the said Action of Debt as is before said and shall recover the same with his Costs and that no Defendant in such Action shall wage his Law nor be essoign'd And that such Process shall be in the Actions aforesaid as in a Writ of Trespass done against the Peace at the Common Law That the Knights of the Shires shall be notable Knights of the same Counties for which they shall be chosen Like Process to be in such Actions as in Trespass at Common Law Provided That Knights of the Shires be Knights of the Counties they shall be elected for or Esquires or Gentlemen able to be Knights and not Yeomen or under or otherwise such notable Esquires or Gentlemen born of the same Counties as shall be able to be Knight and no Man to be such Knight which standeth in the Degree of a Yeoman and under That Elections shall be made for the Sheriffs and Boroughs in Monmouthshire heretofore Part of Wales and in Wales England in like Manner St. 27 H. 8. c. 26. Duties of Sheriffs and other returning Officers in Wales like the same in England Form and Order as Knights and Burgesses be elected in other Shires of this Realm That the County Palatine of Chester shall have two Knights for the said County St. 34 and 35 H. 8. c. 13. Writ of Election under the Great Seal for Elections in Chester to be directed to the Chamberlain c. of Chester and his Precept thereon to the Sheriff of the County and two Citizens to be Burgesses for the City of Chester to be elected and chosen by Process to be awarded by the Chancellor of England unto the Chamberlain of Chester his Lieutenant or Deputy for the Time being and so like Process to be made by the Chamberlain his Lieutenant or Deputy to the Sheriff of the said County of Chester and the same Election to be
made in like Manner and Form to all Intents Constructions and Purposes as is used within the County Palatine of Lancaster or any other County and City within England which said Knights and Burgesses and every of them shall be returned by the said Sheriff into the Chancery of England in due Form and upon like Pains as is ordained that the Sheriff or Sheriffs of any other County should make their Return England Sheriff of Chester to make like Returns and on like Pains as other Sheriffs That the Burgesses of all Cities Stat. 35 H. 8. c. 11. Mayors Bailiffs c. of the twelve Shire-Towns in Wales and of Monmouth-Shire shall summon the Burgesses as well of all other Cities Boroughs and Towns in those Counties as of Burgesses of those Towns themselves to come to Elections Boroughs and Towns in the twelve Shires within Wales and County of Monmouth not finding Burgesses for the Parliament themselves and contributary to Wages of Burgesses of such Shire Towns shall be lawfully admonished by Proclamation or otherwise by the Mayors Bailiffs and other Head Officers of the said Towns or by one of them to come and give their Elections for the Electing the said Burgesses at such Time and Place lawful and reasonable as shall be assigned for the same by the said Mayors Bailiffs and other Head Officers of the said Shire Towns or by one of them That the County Palatine of Durham may have two Knights for the same County St. 25 C. 2. c. 9. Writ of Election under the Great Seal for Elections in Durham to be directed to the Bishop of Durham c. and his Precept thereon to the Sheriff of that County and the City of Durham two Citizens to be Burgesses for the same City to be elected by Writ to be awarded by the Lord Chancellor or Lord Keeper to the Lord Bishop of Durham or his Temporal Chancellor of the said County England and a Precept to be thereupon grounded and made by the said Lord Bishop or his Temporal Chancellor to the Sheriff of the said County and the same Election to be made in Manner following viz. the Elections of the Knights to be made by the greater Number of the Freeholders of the said County Palatine which shall be present at such Elections as is used in other Counties of this Kingdom and that the Election of the said Burgesses for the City of Durham to be made by the major part of the Mayor Aldermen and Freemen of the said City which shall be present at such Elections which said Knights and Burgesses Sherish of Durham to make like Returns and under like Pains as other Sheriffs St. 7 and 8 W. 3. c. 7. continued by St. 12 and 13 W. 3. c. 5. False Returns illegal and prohibited and all made contrary to the last Determination of the Right of Election in the House of Commons adjudged a false Return so elected shall be returned by the said Sheriff into the Chancery in due Form and upon the like Pains as be ordained for the Sheriff or Sheriffs of any other County in like Cases That all false Returns wilfully made of any Knight of the Shire Citizen Burgess Baron of the Cinque-Ports or other Members are against Law and are hereby prohibited and in case that any Person or Persons shall return any Member for any County City Borough Cinque-Port or Place contrary to the last Determination in the House of Commons of the Right of Election in such County England City Borough Cinque-Port or Place such Return is hereby adjudged a false Return The Party so grieved to wit He that shall be duly elected for any County Officers c. making such false Return liable to an Action at the Suit of any duly elected in any of the Courts at Westminster with double Damages and full Costs City Borough Cinque-Port or Place by such false Return may sue the Officers and Persons making or procuring the same and every or any of them at his Election in any Court of Record at Westminster and shall recover double Damages with his full Costs Any Officer that shall wilfully Officers c. falsly c. making double Returns liable to the like Action falsly and maliciously return more Persons than are required to be chosen by the Writ or Precept on which any Choice is made the like Remedy may be had against him or them and the Party or Parties that willingly procure the same by the Party grieved All Contracts Contracts Bonds c. given to procure the Return of any Member adjudged void and such as make or give them to procure any false or double Return forfeit 300 l. one third to the King another to the Poor of the County City c. and a third to the Informer with his Costs to be recovered by Action of Debt c. wherein no Essoign c. Promises Bonds and Securities whatsoever hereafter made or given to procure any Return of any Member or any thing relating thereto be adjudged void and that whoever makes or gives such Contract Security Promise or Bond or any Gift or Reward to procure such false or double Return England shall forfeit 300 l. one third Part to his Majesty another third Part to the Poor of the County City Borough or Place concern'd and one third Part to the Informer with his Costs to be recovered in any Court of Record at Westminster by Action of Debt Bill Plaint or Information wherein no Essoign Protection or Wager of Law allowed nor more than one Imparlance The Clerk of the Crown to keep a Book of Entry of every single and double Return and of every Alteration and Amendment in every such Return whereto all Persons to have Access and take Copies of so much as desired at a reasonable Fee And if the Clerk of the Crown makes not such Entry in Six Days after any Return or alters any Return without Order of the House of Commons or gives a Certificate of any Person not returned or wilfully neglects or omits his Duty herein to forfeit 500 l. for each Offence to the Party grieved to be recovered as aforesaid and lose his Office England and be for ever incapable of holding it Every Information or Action brought upon this Statute Informations or Actions on this Statute to be brought within two Years after the Cause shall be brought within the Space of two Years after the Cause of Action shall arise That when any New Parliament shall at any Time hereafter be Summoned or called Staf. 8 W. 3. c. 25. Writs of Summons to Parliament to have forty Days between the Teste and Returns and be issued with all Expedition and delivered to the proper Officer to whom its Execution belongs who shall indorse thereon the Day he received it and within three Days issue out his Precept to the like proper Officer of each Borough c. who shall also indorse the Day of his Receipt of the Precept in the former's Presence and proceed to Election in
eight Days and give four Days Notice of the Day appointed there shall be forty Days between Teste and Returns of the Writs of Summons and that the Lord Chancellor Lord Keeper or Lords Commissioners of the Great Seal for the Time being shall issue out Writs for Election of Members to serve in the same Parliament with as much Expedition as the same may be done And that as well upon the calling or summoning any New Parliament as also in case of any Vacancy in Parliament the several Writs shall be deliver'd to the proper Officer to whom the Execution thereof doth belong or appertain and to no other Person whatsoever And that every such Officer upon the Receipt of the same Writ shall upon the back thereof indorse the Day he receiv'd the same and shall forthwith send his Precept or Precepts to each Borough Town Corporate Proper Officer of the Cinque-Ports allowed six Days from the Receipt of the Writ for the Delivery by a sulsequent Statute 10 11 W. 3. c. 7. Port England or Place within his Jurisdiction where any Member or Members are to be elected to serve in such New Parliament or to supply any Vacancy in Parliament and within three Days after the Receipt of the said Writ shall by himself or proper Agent deliver or cause to be delivered such Precept or Precepts to the proper Officer of every such Borough Town Corporate Port or Place within his Jurisdiction to whom the Execution of such Precept doth belong or appertain and to no other Person And every such Officer upon the back of the same Precept shall indorse the Day of his Receipt thereof in the Presence of the Party from whom he received such Precept and shall forthwith cause Notice to be given of the Time and Place of Election and shall proceed to Election thereupon within the Space of eight Days next after his Receipt of the same Precept and give four Days Notice at least of the Day appointed for the Election Neither the Sheriff nor his under Sheriff in any County or City No Sheriff c. in any County or City nor Mayor c. of any Borough Town Port or Place to whom the Execution of any Writ or Precept belongs to pay or receive any Fee c. for making out Receipt Delivery Return or Execution of the same nor the Mayor Bailiff Constable Portreeve or other Officer or Officers of any Borough England Town Corporate Port or Place to whom the Execution of any Writ or Precept for electing Members doth belong or appertain shall give pay receive or take any Fee Reward or Gratuity for making out Receipt Delivery Return or Execution of any such Writ or Precept Upon every Election to be made of any Knight or Knights of the Shire to serve in Parliament Sheriff for Election of Knights of the Shire to hold his County Court where the same has been most usually kept for forty Years last and proceed to the Election the next Court unless it happen within six Days after the Receipt of the Writ or the same Day and then to adjourn giving ten Days notice of the Time and Place If a Poll required the Sheriff c. forthwith to proceed thereon publickly and appoint Clerks to take the Poll in his c. Presence who shall be sworn to take it indifferently and set down each Free-holder's Name the Place of his Freehold and for whom he polls and to poll no Freeholder not sworn if requir'd by any Candidate the Sheriff of the County where such Election shall be made shall hold his County Court for the same Election at the most publick and usual Place of Election within the said County and where the same has most usually been for 40 Years last past and shall there proceed to Election at the next County Court unless the same fall out to be held within six Days after the Receipt of the Writ or upon the same Day and then shall adjourn the same Court to some convenient Day given ten Days Notice of the Time and Place of Election and in case the said Election be not determined upon the View with the Consent of the Freeholders there present but that a Poll shall be required the said Sheriff or in his Absence the Under-Sheriff England with such others as shall be deputed by him shall forthwith there proceed to take the said Poll in some open or publick place or places by the same Sheriff or his Under-Sheriff in his Absence or others appointed for the taking thereof as aforesaid And for the more due and orderly proceeding in the said Poll the said Sheriff or in his Absence his Under-Sheriff or such as he shall depute shall appoint such Number of Clerks as to him shall seem convenient for the taking thereof which Clerks shall all take the said Poll in the presence of the said Sheriff or his Under-Sheriff or such as he shall depute and before they begin to take the said Poll every Clerk so appointed shall by the said Sheriff or his Under-Sheriff aforesaid be Sworn truly and indifferently to take the same Poll and to set down the Names of each Free-holder and the Place of his Free-hold and for whom he shall Poll and to Poll no Free-holder who is not Sworn if so required by the Candidates or any of them which Oath of the said Clerks the said Sheriff or his Under-Sheriff or such as he shall depute are hereby impowered to administer and the Sheriff or his Under Sheriff shall appoint for each Candidate such one Person as shall be nominated to him by each Candidate to be Inspectors of every Clerk England who shall be appointed for taking the Poll Sheriffs c. to appoint for each Candidate one Person nominated by such Candidate to be Inspectors of every Clerk of the Poll. And to sweareach Free-holder before his Poll to be taken if by any Candidate required to his Freehold and every Free-holder before he is admitted to Poll at the same Election shall if required by the Candidates or any of them first take the Oath in this Act contained Which Oath the Sheriff by himself or his Under-Sheriff or such sworn Clerks by him appointed for takeing the said Poll as aforesaid are hereby authorized to administer The said Sheriff Sheriff c. at the Place of Election to proceed to the Poll and not adjourn the County Court to any other Place without the Candidates Consent nor without such Consent delay or discontinue the Poll. or in his Absence his Under-Sheriff or such as he shall depute shall at the Place of Election proceed to the Polling all the Free-holders then and there present and shall not adjourn the County Court then and there held to any other Town and Place within the same County without the Consent of the Candidates nor shall by any unnecessary Adjournment in the same Place of Election protract or delay the Election but shall duly and orderly proceed to take the said Poll from Day to Day
disturb the House shall pay the like Forfeiture And it is further ordered that the Business then in Agitation being ended no new Motion of any new Matters shall be made without leave of the House 5 Dec. 1640. Id. 84. Ordered that no Bills have their second Reading but between Nine and Twelve 10 Dec. 1640. Id. 92. Declared for a constant Rule that those that give their Votes for the Preservation of the Orders of the House shou'd stay in and those that give their Votes otherwise to the introducing of any new Matter or any Alteration should go out 8 Sept. 1641. Id. 392. See how far an Order of this House is binding In March 1627. Rush Coll. vol. 1.513 Resolved that is the ancient and undubitable Right of every Freeman that he hath a full and absolute Property in his Goods and Estate that no Tax Tallage Loan Benevolences or other like Charge ought to be commanded or levied by the King or any of his Ministers without common Consent by Act of Parliament March 1627. Id. 513. Resolved that no Freeman ought to be detained or kept in Prison or otherwise restrained by the Command of the King or Privy-Council or any other unless some Cause of the Commitment Detainer or Restraint be expressed for which by Law he ought to be committed detained or restrained Resolv'd Id. 513. that the Writ of HabeasCorpus may not be Detain'd Deny'd but ought to be granted to every Man that is committed or detained in Prison or otherwise restrained tho' it be by the Command of the King the Privy-Council or any other he praying the same Resolved that if a Freeman be committed or detained in Prison or otherwise restrained by Command of the King the Privy-Council or any other no Cause of such Commitment Detainer or Restraint being expressed for which by Law he ought to be committed detained or restrained and the same be returned upon a Habeas Corpus granted for the said Party then he ought to be delivered or bailed 2 April 1628. Resolved Id. 523. that no Freeman ought to be confined by any Command from the King or Privy-Council or any other unless it be by Act of Parliament or by other due Course or Warrant of Law King James I. having in 1621. Rapin Vol. 2. No. 54. p. 208.209 for some Words spoken by him in the House it occasioned a Remonstrance of the Commons to the King therein complaining of Breach of Privilege and asserting their Liberty of Speech and Debate to be their antient and undoubted Right and Inheritance receiv'd from their Ancestors c. This they sent to the King by twelve Members at the Head of whom they affectedly set Sir R. Weston a Privy-Counsellor one whom they conceiv'd had incens'd the K. against them who were receiv'd very roughly and their Remonstrance rejected But some Days after the K. sends 'em a long Answer in Writing wherein towards the Conclusion he objects against the stiling their Privileges Id. p. 211. their antient and undoubted Right and Inheritance and wishes they had said i. e. commands 'em to acknowledge that their Privileges were derived from the Grace and Permission of him and his Ancestors The House on reading this Answer plainly perceiv'd the King's Aims The Commons Protestation in Vindication of their Privileges Ibid. p. 211. 212. c. and knowing the Parl. was going to be prorogued or dissolv'd drew up a Protestation in Order to vindicate their Privileges viz. The Commons now assembled in Parl. being justly occasion'd thereunto concerning sundry Liberties Franchises and Privileges of Parliament amongst others here mentioned do make this Protestation following That the Liberties Franchises Privileges and Jurisdiction of Parliament are the antient and undoubted Birth-right and Inheritance of the Subjects of England and that the arduous and urgent Affairs concerning the King the State and the Defence of the Realm and of the Church of England and the Maintenance and making of Laws and Redress of Mischiefs and Grievances which happen daily within this Realm are proper Subjects and Matter of Counsel and Debate in Parliament And that in the handling debating and proceeding in those Businesses every Member of the House of Parliament hath and of Right ought to have Freedom of Speech to propound treat reason and bring to Conclusion the same and that the Commons in Parliament have like Liberty and Freedom to treat of these Matters in such Order as in their Judgment shall seem fittest See of the Terms Parliament and Prerogative Id. p. 213. and that every Member of the said House hath like Freedom from all Impeachment Imprisonment and Molestation other than by Censure of the House it self for or concerning any speaking reasoning or declaring of any Matter or Matters touching the Parliament or Parliament-Business and that if any of the Members be complained of and questioned for any Thing said or done in Parliament the same is to be shewed to the King by the Advice and Assent of the Commons assembled in Parliament before the King give Credence to any private Information But the K. being inform'd of this Protestation call'd a Council and sending for the Commons Journal in Presence of the Judges c. with his own Hands tore it out of the Journal and in a few Days after dissolved the Parliament but this did not deter the Commons from insisting on their Claim And in his Son's Reign it was asserted with a Witness and is now confirm'd by the Claim of Right and other Statutes Mar. 12. 1700. the House Journal Dom. Com. on a Report of that Part of the K's Speech which related to the Hanover Succession agreed with the Committee in these Resolves viz. 1. That all Things relating to the well governing of this Kingdom which are properly cognizable in the P. Council shall be transacted there and all Resolutions taken thereupon shall be sign'd by the P. C. 2. That no Person whatsoever that is not a Native of England Scotland or Ireland or of the Dominions thereunto belonging or who is not born of English Parents beyond the Seas altho such Person be naturaliz'd or made a Denizen shall be capable to be of the P. C. or a Member of either H. of P. or to enjoy any Office of Place or Trust either Civil or Military P. Council 3. That no such Person c. shall be capable of any Grant of Lands Tenements or Hereditaments from the Crown to himself or any other in Trust for him 4. That upon the further Limitation of the Crown in Case the same shall come to any Person not being a Native of this Kingdom of England this Nation be not oblig'd to engage in any War for the Defence of any Dominions or Territories not belonging to the Crown of England without the Consent of Parliament 5. That whoever shall hereafter come to the Possession of this Crown shall join in Communion with the Church by Law establish'd 6. That no Pardon shall be pleaded to any Impeachment in Parliament 7. That