said Burgess without any Writ or Warrant had for the same but only as afore Albeit the Lord Chancellor offered there to grant a Writ which they of the Common House refused being in a clear opinion that all Commandments and other Acts proceeding from the Nether House were to be done and executed by their Serjeant without Writ only by shew of his Mace which was his warrant But before the Serjeants return into London the Sheriffs having intelligence how heinously the matter was taken became somewhat more mild so as upon the said second demand they delivered the Prisoner without any denial But the Serjeant having then further in commandment from those of the Nether House charged the said Sheriffs to appear personally on the morrow by eight of the Clock before the Speaker in the Nether House and to bring thither the Clerks of the Compter and such other of their Officers as were parties to the said affray and in like manner to take into his custody the said White which wittingly procured the said Arrest in contempt of the Priviledge of the Parliament Which Commandment being done by the said Serjeant accordingly on the morrow the two Sheriffs with one of the Clerks of the Compter which was the chief occasion of the said affray together with the said White appeared in the Common House where the Speaker charging them with their Contempt and misdemeanour aforesaid they were compelled to make immediate Answer without being admitted to any Councel albeit Sir Ro. Cholmley then Recorder of London and other the Councel of the City there present offered to speak in the Cause which were all put to silence and none suffered to speak but the parties themselves Whereupon in conclusion the said Sheriffs and the same White were committed to the Tower of London and the said Clerk which was the occasion of the Fray to a place there called Little Ease and the Officer of London which did the Arrest called Tailor with four Officers to Newgate where they remained from the 28. until the 31. of March and then they were delivered not without humble suit made by the Mayor of London and other their Friends And forasmuch as the said Ferrers being in Execution upon a Condemnation of Debt and set at large by Priviledge of Parliament was not by Law to be brought again into Execution and so the party without remedy for his Debt as well against him as his principal debtor after long debate of the same by the space of nine or ten days together at last they resolved upon an Act of Parliament to be made and to revive the Execution of the said Debt against the said Welden which was principal debtor and to discharge the said Ferrers But before this came to pass the Common House was divided upon the Question but in the conclusion the Act passed for the said Ferrers who won by 14. Voices The King then being advertized of all this proceeding called immediately before him the Lord Chancellor of England and his Judges with the Speaker of the Parliament and other the gravest persons of the Nether House to whom he declared his opinion to this effect First commending their wisdom in maintaining the Priviledges of their House which he would not have to be infringed in any point alledged that he being Head of the Parliament and attending in his own person upon the Business thereof ought in reason to have Priviledge for Him and all his Servants attending there upon Him so that if the said Ferrers had been no Burgess but only his Servant that in respect thereof he was to have the Priviledge as well as any other For I understand quoth he that you not only for your own persons but also for your necessary Servants even to your Cooks and Horse-keepers enjoy the said Priviledge in as much as my Lord Chancellor here present hath informed us that he being Speaker of the Parliament the Cook of the Temple was Arrested in London and in Execution upon a Statute of the Staple And forasmuch as the said Cook during the Parliament served the Speaker in that Office he was taken out of Execution by the Priviledge of the Parliament And further we be informed by our Judges that we at no time stand so highly in our Estate Royal as in the time of Parliament wherein We as Head and You as Members are conjoyned and knittogether into one Body politick so as whatsoever offence or injury during that time is offered to the meanest Members of the House it is to be judged as done against Our Person and the whole Court of Parliament which Prerogative of the Court is so great as our learned Councel informeth us as all Acts and Processes coming out of any other Inferiour Courts must for the time cease and give place to the Highest And touching the party it was a great presumption in him knowing our Servant to be one of this House and being warned thereof before would nevertheless prosecute this matter out of time and therefore was well worthy to have lost his Debt which I would not wish and therefore do commend your Equity that having lost the same by Law have restored him to the same against him who was his Debtor and this may be a good example to others not to attempt any thing against the Priviledge of this Court but to take the time better Whereupon Sir Edward Mountague then Lord Ch. Justice very gravely declar'd his opinion confirming by divers reasons all the King had said which was assented unto by all the residue none speaking to the contrary The Act indeed passed not the Higher House for the Lords had not time to consider of it by reason of the Dissolution of the Parliament Because this Case hath been diversly reported as is commonly alledged as a President for the Priviledge of the Parliament I have endeavoured my self to learn the truth thereof and to set it forth with the whole circumstances at large according to their instructions who ought best both to know and remember it 4. Ed. VI. Eight years after the Case of Ferrers Withrington having made an Assault upon Brandling Burgess for Newcastle the Parl. being near an end the Com. sent Withring to the Councel Die Jov. 7. Apr. an praedict The Bill for Mr. Brandling's Complaint sent from the Lords of the Privy Councel again to be ordered by this House according to the Antient Custom of this House Whereupon the Bill was read in the presence of Henry Witherington who was sent to the Lords from this place who confest that he began the Fray upon Mr. Brandling whereupon the said Henry is committed to the Tower of London Some few Presidents against such as have wrote Books to the dishonour of the Lords and Commons and Subversion of the Government The Case of Arthur Hall Esq UPon sundry Motions made by divers of this House It was Order'd that Arthur
Pope and in the same manner it was charged the Knights of the Shire and the Commons to assemble in the Chamber depeint to treat conclude and assent amongst them upon the same business and to give their Answer lour assent en dit Parlement 20. In the Parliament 18. E. 3. The King by his Chancellor prayed and charged the Prelates Earls Barons and Commons that they would consider touching the Articles of Truce between the King and France and that they would mettre leid le Conseil give their Aid and Counsel for the Salvation of the Rights and Honour of the King de eux meismes and of themselves 21. Sir Bartholomew Burghurst the Kings Chamberlain declared in Parliament That there was a Treaty of Peace between the King and the French and good hope of a final Accord but the King would not conclude sanz assent des Grantz ses Communs Whereupon the Chamberlain required and demanded on the behalf of the King whether they would assenter accorder to the intended Peace To which the Commons d'unassent d'unaccord Answered that what Issue the King and Grantz should take in the said Treaty should be agreeable to them Upon which Answer the Chamberlain said to the Commons Then you will assent to the Treaty of Peace perpetual if it may be had to which the Commons Answered Entierment unement oil oil yes yes And thereupon it was commanded that Master Michel de Northburgh Gardeyne of the Privy-Seal and Sire John de Swinley Notair Papal should make an Instrument publick thereof 22. Anno 43 E. 3. The Chancellor in his Oration before the King Lords and Commons thus expresseth himself Sires the King in all his great business which concerned himself and his Kingdom de tout temps hath acted and done by the counsel and advice of his Grandz and Commons of his Realm which he hath found in all his Affairs Bons Loyalz good and faithful for which he thanketh them de grant euer volunte and that it was not unknown to them that the King had taken upon him the Claim and Right to the Realm of France per lavis conseil de ses Grantz Communes by the advice and counsel of his great Men and Commons 23. 7 R. 2. The King called a Parliament to consider of a Peace between him his Kingdom Lands Dominions and Subjects ex una parte magnificum principem Robert of Scotland and his Lands Dominions and Subjects of the other part mediante consilio assensu Praelatorum procerum magnatum Communitatis Regni Angliae by the counsel and assent of the Prelates Peers and great Men and Commons of the Kingdom of England I will pass over the rest of the several Authorities in this King's Reign and so of H. 4. except this one 24. In the Parliament 9. H. 4. in that great Record called Indompnitié des Seigneurs Commune◠the King by the advice and assent of the Lords willed granted and declared that in that and all future Parliaments it should be lawful for the Lords to debate and commune amongst themselves de Lestate du Roiaume la remedie a ce busoignable of the state of the Kingdom and the necessary Remedies and it should be lawful likewise for the Commons on their part to commune in the same manner 25. Anno 3 H. 5. The Chancellor at the Re-assembly of the Parliament declares the King being present the causes of their calling which was that Peace had been offered him by his adversary of France the which without the assent and good Counsel of the Estates of his Realm he would not conclude And that the King of the Romans desiring Peace and Vnity in the Church Vniversal and also between the Christian Realms was come over hither with Propositions which he had not yet declared to the King but in a short time would shew them Upon the which the King would take the Advice de son tressage Conseil of his most wise Counsel 26. Anno 4 H. 5. The League and Alliance between the King and Sigismund the Emperour and King of the Romans was ratified and confirmed upon due and solemn Treaty thereof by the common consent and assent of all the Archbishops Bishops Dukes Earls Barons toute autres Estates Espiritualz Temporalz and other Estates Spiritual and Temporal and also of the Commons of this Realm in the said Parliament assembled 27. Anno 9. H. 5. A Peace being concluded between Henry King of England and Charles the French King it was mutually agreed that the Articles thereof be ratified and confirmed per tres Status of both Kingdoms which being approved concluded accepted and allowed of by the three Estates in France videlicet Praelator cleri necnon Procerum Nobilium ac etiam civium Burgensium civitatuum villarum Communitatum dicti Regni The Articles was after mature deliberation confirmed per tres Status Regni Angliae vid per Praelatos clerum nobiles magnates necnon Communitates Regni ad Parliamentum apud West qui quantum ad eos singulos eum pertinet obsequituros impleturos promiserunt 28. Anno 9 H. 6. It was ordained by the Lords Spiritual and Temporal and Commons That the Dukes of Bedford and Gloucester and my Lord Cardinal and others of the Kings Bloud and of his Counsel may treat of Peace with the Dauphin of France notwithstanding the Act formerly made to the contrary which was That the King of England H. 5. or the French King should not enter or make any Treaty of Peace or of Accord with Charles the Dauphin without the assent of the three Estates of both Realms 29 Anno 23. H. 6. Whereas by the Articles of Peace made between H. 5. and Charles the 6 th of France it was agreed there should be no Treaty or Accord made with the Dauphin of France without the assent of the three Estates of both Realms which Articles were afterwards Enacted and Authorized here by Parliament It was Enacted by the assent of the Lords and Commons that that Article should be void eryt cassed adnulled and of none Force and none to be impeacht for advising and acting in the said Peace 30. The Archbishop of Canterbury Chancellor of England declared the causes of the Summons of the Parliament the King present and amongst others that between the Ambassadors of King H. and the French King There was an appointment de personali conventione of a personal meeting between the two Kings in partibus transmarinis which if it should happen ut speratur to provide not only for the safe and secure preservation of the person of the King as well in his Conduct ad dict as partes transmarinas as in his being there but also for the safe and sure conservation of the Peace within the Kingdom and other his Dominions during his absence out of the Realm and
Parliament offers the Commons a Writ to deliver their Burgess but they refuse it as being clear of opinion that all their Commandments Acts were to be done and executed by their Serjeant without Writ The Sheriffs ordered to appear and bring with them the Clerks of the Compter And accordingly they did Who are charged by the Speaker Being not admitted to any Councel The Sheriffs committed to the Tower The Clerk to Little Ease and the Serjeants to Newgate All at last delivered upon the humble suit of the Mayor and other their Friends The King takes notice of the proceedings The King in the presence of the Chancellor Judges with whom he had consulted before of this matter commends and approves the proccedings of the Commons Here the King from the mouth of the Lord Chancellor declares the ancient priviledg of the Commons even for their menial Servants and gives an instance in the Cook of the Temple The King Head and the Lords and Commons Members of the High Court of Parliament in which he stands highest in his Royal Estate The Court of Parliament Nota All Acts and Processes coming out of any inferiour Court must cease and give place to the Highest Sir Edward Mountague Chief Justice of England who we cannot believe to be misconusant of the ancient proceedings in Parliament and of the Priviledge of the House of Commons together with the rest of the Judges by Reasons which wanted not Authorities confirmed what the King had said Journal Dom. Com. 4. Ed. VI. Journ Dom. Com. 14 Eliz. 17 Maii Anno Dom. 1571. Misdemeanors of a Member of the House of Commons for sundry lewd speeches as well in the House as abroad Ordered that those who heard them to put them in writing and deliver them to the Speaker Mond 19 Febr Mr. Hall appears and is cleared Humbly confesseth his folly And is remitted by the House Journal Dom. Comm. Anno 18. Eliz. 16. Feb. A. D 1575. Breach of Priviledge Confederacy and Contempt Friday 18. Feb. Munday 27. Feb. Smalley to be brought to the House by the Mace and not by Writ Tuesday 28. Feb. Smalley brought to the Bar was presently delivered out of Execution Wednesday 7. March post Meridiem Mr. Hall Smalley's Master withdraws Smalley adjudged guilty of a Contempt against the House for fraudulently procuring himself to be arrested Kirtleton in confederacy with him Smalley to be committed to the Tower for his Misdemeanor and Contempt The like Judgment for Kirtleton Both to be brought into the House to receive their Judgements Mr. Hall's privity in the Matter to be referred to a further Debate Saturday 10 March The Speaker pronounced Judgement upon Smalley Saturd 4. Feb. An. 23. Eliz. Journ Dom. Com. Mr. Hall's Charge for writing a Book derogatory to the Authority Power and State of the Commons House of Parliament Mr. Hall ordered to be sent for by the Serjeant at Arms Two Knights Members of the House to assist the Serjeant A Commission to a Committee to send for the Printer and to examine the Matter To report to the House and to take order for Hall's Apprehension And if any Member should see him to stay him and bring him to the House Munday 6 Feb. Mr. Secretary Wilson reports the Examination of Hall's Case from the Committee Hall appears and was called to the Bar where he was charged by the Speaker with his Offence The Printer brought to the Bar. And Shirland who was examined And Wells who was also examined A Committee appointed to examine further the whole Matter M. Hall brought to the Bar again and committed to the Serjeant to attend the Committee Bynnyman Wells and Shirland ordered likewise to attend the Committee Dalton also ordered to attend Tuesd. 14 Feb. Another Report from the Committee against Hall of new Contempts and Crimes added to his former Mr. Hall chargeth the House with Injustice Nota. The Printer brought to the Bar again and re-examined Mr. Hall at the Bar and recharged by Mr. Speaker Submits refuseth to answer acknowledgeth his Error prays pardon and is sequestred Sundry motions for a proportionable punishment Resolved nemine contradicente Hall to be committed to Prison And that Prison to be the Tower There to remain for six months And from thence till he made a retractation of his Book To be fined to the Queen And that Fine to be 500 Marks To be severed and cut off from being a Member of the House And the Speaker to issue a Warrant for a new Writ His Book and slanderous Libel to be adjudged utterly false and erroneous And that to be publickly testified and affirmed by Order of the House Hall brought to the Bar to receive his Judgment which Mr. Speaker delivered accordingly The Proceedings against Hall drawn up read and agreed to by the House Rot. Pat. 48 H. 3. m. 6. dorso Forma pacis inter Regem Barones The Articles of Peace à Domino Rege Domino Edwardo Praelatis Proceribus omnibus Communitate tota regni Angliae communiter concorditer approbat were sealed by the Bishops of Lincoln and Ely Earl of Norf. Earl of Oxon. Humphrey Bohun William de Monte Canisio Major London in Parliamento London mense Junii Anno Dom. 1264. de consensu voluntate praecepto Domini Regis necnon Praelatorum Baronum ac etiam Communitatis tunc ibidem praesentium And not only so but that Record tells us Quod quaedam ordinatio facta in Parliamento London habito circa festum Nativitatis Sancti Johannis Baptistae prox ' praeteritum pro pace Regni conservanda Pultons Stat. 24 H. 8. c. 12. It is unanimously declared adjudged and confirmed That the King his noble Progenitors and the Nobility and Commons of the said Realm at divers and sundry Parliaments as well in the time of King E. 1. R. 2. H. 4. and other noble Kings of this Realm made sundry Ordinances Laws Statutes and Provisions for the entire and sure conservation of the Prerogative Liberties and Preheminences of the said Imperial Crown of this Realm and of the Jurisdiction Spiritual and Temporal of the same to keep it from the annoyance as well from the See of Rome as from the Authority of other Foreign Potentates attempting the diminution and violation thereof as often and from time to time as any such annoyance and attempt might be known or espied Ex vetusto MS. Staeturorum penes Johan ' Peachy de Interior ' Templo Armig. King Edw. 2. and the whole Parliament in the 15. year of his Reign when the Ordinances which had been made before that time by certain Prelates Earls and Barons by the consent of that King la Comunante de la terre were repealed because in many things they restrained the Power Royal too much yet in the Act of Repeal there is a salvo semper jure Regni sive Parliamenti for they unanimously agree and provide Mes les choses que sont establer pur le
Cheap-side and at Banbury Fined 200 l. To ask Pardon here and at Banbury The Lord Keeper to move the King for a Proclamation to apprehend him The Secretary to write into the Law Countreys not to entertain Reynâ—e The Court of Star-Chamber to see the Sentence executed out of time of Parliament Die Sabbathi 14 Junii Journ Dom. Proc. 1 2 Car. 2. 13 Jun. The Case of George Gardiner for counterfeiting Protections Journ Dom. Com. 3 Caâ— Friday 9 May. The Case of Sir William Welby a Deputy Lieutenant for raising Money and illegal Commitments His Warrant And Commitment Sent for by the Serjeant His Answer at the Bar. To attend the Committee and House Journ Dom. Com. 3 Car. Wednesday 21 May. The Case of the Mayor of Chichester Vide the ancient Rights of the Commons of England asserted c. p. 13. Inter Communia 17 E. 3. penes Rememeratorem Domini Regis in Scaccario Recerda War de priore de Coventry atâ— tach pro transgressione Ibid. Rot. Pat. 37 H. 3. m. 12 dorso Rast. Stat. so 15. Rot. Pat. 42. H. 3. m. 4. Rot. Pat. 48. H. 3. m. 6. dor Forma Pacis inter Regem Barones Rot. Pat. 49 H. 3. m 13. intus n. 54. Rot. Claus. 49. H. 3 m. 11. dor in Schedula Rot. Pat. 51 H 3. m. 16. pro pace inter Regem Com Gloucester * Richard Earl of Cornwal Ibid. Rot. Pat. 54. H. 3. Rot. Wal. 11 E. 1. m. 4. n. 2. dorso Rot. Claus. 28 H. 3. m. 8 dor Rex c. Sciatis quod de Communi Consilio Regni nostri provisum est quod erimus apud Novum Castrum super Tinam cum equis armis die Sancti Petri Advincula pro quibusdam transgressionibus quas Rex Scotiae Nobis fecit emendas super eum conquerendas nisi c. Rot. Claus. 28. E. 1. 1m 3. dor Rot. Claus. 24. E. 1. m. 4. d. de Parliamento tenendo The French King having invaded Vascony by Fraud and Wickedness The K. in his Summons to Parliament saith Quod omnes tangit ab omnibus approbetur sic inuit evidenter ut communibus periculis per remedia provisa communiter obvietur for praevisa jacula minus ledant Plita Parliamentaria p. 318 320. Inter memorand a Parliamenta 9 E. 2. m. 18. Rot. Claus. 16. E. 2. m. 7. dor Rot. Claus. 16. E. 2. m. 7. cor Rot. Par. 13. E. 3. pars 1. m. 11. Rot. Parl. 14. E. 3. pars 1. n. 2. Rot. Parl. 17. E. 3. n. 8 Nota. Rot. Parl. 18. E 3. n. 5. vide Rast. Stat. fo 86. Rot. Parl. 28. E. 3. n. 58. Rot. Parl. 43. E. 3. n. 1. Rot. Claus. R. 2. n. 37. 7. Ex Rot Parl. tenti apud Glouc. 20 die Octobris Anno Regni Regis H. 4. Post Conquestum 9. m. 8. n. 21. Indempnitie des Seigneurs Communes Rot. Parl. 3. H. 5. pars 2. Rot. Parl. 4 H. 5. n. 14. La confirmation des Alliances perentre le Roy le Roy des Romains prisez accordez Rot. Parl. 9. H. 5. pars 1. n. 14. Approbatio pacis inter Regem Angliae Franciae nuper conclusae Rot. Parl. 9. H. 5. n. 18. De potestate tractand de pace cum Dolphino c. Rot. Parl. 23. H. 6. n. 24. Rot. Parl. 25 H. 6. n. 1. Rot. Parl. 11. H. 7. n40 An Act concerning the Peace between the King of England and the King of France Jur. Dom. Proc Anno 3. H. 8. 15 die Parliamenti Lord Herbert's Hist. of H. 8. to 303. Nota. Rast. Stat. 2. 5 H. 8. cap. 13. Nota. Nota L. Herbert fo 307. Vide the antient Rights of the Comm. of England asserted p. 111. Rot Parl. 17. E. 3. n. 59 60. Rot. Parl. 21. Es 3. n. 1 63. Inter Capita foederis arctioris amicitiae inter potentissimos principes Elizabetham Angliae Reginam Jacobum ejus nominis sextum Scotorum Regem 5 Julii 1586. Ex Ms. penes meipsum Ex Cronico ab anno 1272. 1 E. 1. ad an num 1317. 10. E. 2. Ms. mihi ostens per Tho. Turner Armig. nuper defunct Anno Domini 2289. Aunoque Regni Regis E. 1. 18. Certe scimus quam plurimos corum qui Judiciis sub E. 1. prae fuere viros quidem maximos aevo in illo Jurisconsultos celeberimos repetundarum quod lites suas fecerant aliosque preter Ministros forenses aliquot merito damnatos multis exitio ac carcere punitos esse Seldeni ad Fletam dissertatio p. 548. Vide Fleta cap. 17. p. 18 19. Authoritas Officium Ordinarii Concilii Regis Vide Mat. Wect. An. 1289. p. 376. l. 13. Anno vero 1290. 18 E. 1 deprehensis omnibus Angliae Justiciariis de repetundis preter Jo. de Metingham Eliam de Beckinghom quos honoris ergo nominatos volui judicio Parliamenti vindicatum est in alios atque alios carcere exilio fortunarum omnium dispendio in singulos mulcta gravissima amissione officii Spelm. Gloss. part 1. fo 416 Pro Rege Angl. de diversis concessionibus ei per Regem Scotiae factis Anno 8 E. 3. m. 29. Rot. Scotiae The Parliament of Scotland Nota. These Agreements Ratifyed by the Parliam of Eugland Rot. Parl. 7. R. 2. n. 2 Pronuociatio Parliamen Nota. Nota. Nota Nota. Nota. Anno 28 E. 1. A Truce between England and France Ex Rot 29 E. 1 in Turri London The Kings Lords and Commons reprehend the Ambassadors De Treuga per Regem Angliae illis de Franc. concessa Rot. Pat. 12. F. 3. pars 1. m. 24. Nota. Nota. Rot. de Anno 29 E. 1. in Tur. London The Query Nobilitas est duplex Superior inferior Co. 2. Inst. fo 583 Nobiles minores sunt Equites sive Milites qui vulgo generosi Gentlemen dicuntur Camden Brit. f. 123. An. 17 Car. 1. cap. 14. Pultons Stat. Rex Angliae neque per se aut Ministros suos subsidia aut alia quaevis onera imponit ligeis suis sine assensu totius Regni sui in Parliamento suo expresso Fortescue de laudibus Legum Angliae cap. 36. pag. 84. Philip de Commines lib. 5. cap. 18. of the Cabal or most secret Councels to two French Kings and a man living about a Century and half ago tells us Nul Roy ne Seigneur sur terre ait pouvoir de mettre un denier sur les Subjets sans ottroie consentement de ceux qui doivent payer sinon par Tyranne ou Violence No King or Potentate upon Earth saith he hath power to levy one penny upon the poor Subject without consent and permission unless by down-right Tyranny and Rapine Nota. John Bodin in his Book de Republica l. 1. cap. 8. de jure Magistratus fol. 96. A famous Lawyer and Statesman of the French Nation who after he had informed his Reader that the English are not chargeable by their Princes with Impositions but by consent of their three Estates presently adds Ego vero caeteris Regibus non plus in eo genere quam Regibus Anglorum licere puto cum nemo sit tam improbus Tyrannus qui aliena bona deripere sibi fase esse putet For my part saith he it is my Judgment that no other Prince whatsoever may lawfully do any more in this kind than the Kings of England may seeing there can be no Tyrant so wicked or impudent as to think he may justly take away another mans Goods from him without his free leave and good will
state nostre Seigneur le Roy ses heirs pur le state du Roialme du Peuple soient tretez accordez establez en Parlement par nostre dit Seigneur le Roy par l'assent des Prelatz Comtz Barons tout le Commune du Roialme auxi come ad estre accustumer ceo en arrear That those things which are for establishing the Estate of the King and his Heirs and for the Estate of the Realm and the People thereof shall be treated of accorded and established in Parliament by the King and by the assent of the Prelates Earls Barons and all the Commons of the Realm as it had been accustomed in times past Rastals Stat. Anno 38 E. 3. f. 124. the Statute of Provisors from Rome And to the intent that the said Ordinances and every of the same for the ease quietness and wealth of the Commons be the better sustained executed and kept and that all those which have offended or shall offend against these Ordinances by prosecutions accusations denunciations citations or other Process made or to be made out of the said Realm or within or otherwise against any manner of person of the said Realm be the more covenable and speedily brought in answer to receive right according to their desert The King the Prelates Dukes Earls Barons Nobles and other Commons Clerks and Lay-people be bound by this present Ordinance to aid comfort and to counsel the one and the other and as often as shall need and by all the best means that may be made of word and of deed to impeach such offenders and resist their deeds and enterprizes and without suffering them to inhabit abide or pass by the Seignories Possessions Lands Jurisdictions or Places and be bound to keep and defend the one and the other from all damage villainy and reproof as they should do their own persons and for their deed and business and by such manner and as far forth as such Prosecutions or Process were made or attempted against them in especial general or in common Rot Parl. 21 R. 2. n. 27. Pur le Pape s'accorderent touts les Prelats Seigneurs Communes en le Parlement That Pope Urban was true lawful Pope and that the Livings of all Cardinals Rebels to Holy Father and all others their coadjutors fautors and adherents and all other Enemies of the King and his Realm shall be seized into the hands of the King and the King to be answered of the profits thereof and whosoever shall procure or obtain any Provision or other Instrument from any other Pope then the said Urban shall be out of the Kings Protection Certaine Priests en Angleterre avoient offend en diverse points en temps R. 2. durant le division de la Papacy les fueront per Act del Parlement deprives de leur Benefices 21 H. 7. fo 34. Rot. Parl. 2 H. 5. par 2. num 10. An Act of Parliament made 2 H. 5. agrees and confirms that it was ever the liberty and freedom of the Commons of England that no Statute or Law could be made unless they gave thereto their assent and the Reason was convincing and certain which the King and his Councel the Archbishops Bishops Abbots Priors Earls and Barons in Parliament agreed to and never in the least questioned or doubted of that the Commons of the Land have ever been a Member of Parliament and were as well Assenters as Petitioners The Record is thus That so as it hath ever be their liberte and freedom that ther should no Statute ne Law be made of less then they yaffe thereto there assent considering that the Common of your Lond the which that is and ever hath be a Membre of your Parliament ben as well Assenters as Petitioners Rot. Parl. 3 H. 5. n. 11. Nostre Seigneur le Roy per avys assent des Seigneurs Communes Enact That during the Schism at Rome all Bishops and other persons of Holy Church shall be consecrated by the Metropolitan upon the Kings Writ without further excuse or delay Pultons Stat 24 H 8. c. 12. It was enacted by Authority of Parliament That all Archbishops and Bishops of this Realm or of any the Kings Dominions consecrated and at this present time taken and reputed for Archbishops and Bishops may by Authority of this present Parliament and not by vertue of any provision or other foreign Authority License Faculty or Dispensation keep enjoy and retain their Archbishopricks and Bishopricks in as large and ample manner as if they had been promoted elected confirmed and consecrated according to the due course of the Laws of this Realm and that every Archbishop and Bishop of this Realm and of other the King's Dominions may minister use and exercise all and every thing and things pertaining to the Office or Order of an Archbishop and Bishop with all tokens in Signs and Ceremonies thereunto lawfully belonging Rastals Stat 25 H. 8. c. 12. It is declared both by the Lords Commons That your Royal Majesty and your Lords Spiritual and Temporal and Commons representing the whole state of your Realm in this your most High Court of Parliament have full power and authority not only to dispence but also authorize some elect person or persons to dispence with those and all other Humane Laws of this your Realm and with every one of them as the quality of the persons and matter shall require and also the said Laws and every of them to abrogate adnul amplifie or diminish as shall be seen unto your Majesty and the Nobles and Commons of your Realm present in your Parliament meet and convenient for the wealth of your Realm as by divers good and wholesom Acts of Parliament made and established as well in your time as in the time of your most noble Progenitors it may plainly and evidently appear Pultons Stat. An. 2 3 E. 6. cap. 21. All Laws prohibiting Spiritual persons to marry who by Gods Law may marry shall be void Be it therefore enacted by our Soveraign Lord the King with the assent of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by the Authority of the same that all and every Law and Laws positive Canons Constitutions and Ordinances heretofore made by Authority of Man only which do prohibit or forbid marriage to any Ecctesiastical or Spiritual person or persons of what estate condition or degree they be or by what name or names soever they be called which by Gods Law may lawfully marry in all and every Article Branch and Sentence concerning only the prohibition for the marriage of the persons aforesaid shall be utterly void and of none effect and that all manner of forfeitures pains and penalties crimes or actions which were in the said Laws contained and of the same did follow concerning the prohibition for the marriage of the persons aforesaid be clearly and utterly void frustrate and of none effect to all intents
Praesides atque Ministri manibus tenacibus oculis impudicis effrenata libidine lapideis cordibus ficta gravitate lingua melliflua sed dentibus virulentis breviter auri insatiabili fame Cardan libro de utilitate ex adversis capienda Cap. de Temporum Magistratuum pravitate p. 649. Journ Dom. Com. 19 Jac. Sir Robert Floid's Case Turned out for being a Monopolist Journ Dom. Com. 3 Car. 1. Mr. John Barbour's Case The Order of the Commons against Barbour Journ Dom. Com. 4 E. 6. Criketost's Case Journ Dom. Com. 1 Jac. Complaint that a Yeoman of the Guard who kept the door of the Lobby of the Upper House against several of the Members of the House of Commons 22 Marti 1603 Tash brought to the Bar submits and is pardoned paying Fees Journ Dom. Com. 18. Jac. Sir Francis Mitchell's Case Committed to the Tower Carried on foot through London-streets After impeached by the Commons before the Lords Journ Dom. Proc. 18 Jac. The Lords send to the Commons That they are ready to give Judgment against Mitchell if they would come and demand it The Commons by their Speaker demand Judgment against Sir Francis Mitchell The Lord Chief Justice pronounceth the Judgment The Judgment of the Lords against Sir Francis Mitchell There was a Clause in Patents of Monopolies whereby power was given to imprison and hundreds were committed by colour thereof to Finsbury Gaol and the Fleet. Journ Dom. Proc. 18 Jac. Fowles Geldard and others committed Journ Dom. Com. 20 Jac. Dr. Harris's Case To recant in the Pulpit Journ Dom. Com. 3 Car. 1. Mr. Burgesse a Minister his Case Journ Dom. Com. The Case of Sir William Wray M. Langton Mr. John Trelawnie and Mr. Edward Trelawnie The Judgment of the Commons The Commons House of Parliament adjudge them To make submission in the Countrey at the Assizes Journ Dom. Com. 3. Car. 1. Levet for executing a Patent in time of Prorogation which was adjudged a Grievance by the House in the last Session ordered to be sent for by the Serjeant at Arms. Journ Dom. Com. 4. Car. 1. The Parliament prorogued Journ Dom. Com. 4 Car. 1. The Officers of the Custom-house Journ Dom. Com. 4 Car. 1. The Case of Acton Sheriff of London for contempt in prevaricating in his Testimony Ordered to be sent for Tuesd. 10 Feb. Appears and called to the Bar. His Crime with others aggravated Sentenced to the Tower Journ Dom. Com. 4 Car. 26 Jan. The Case of Lewis Journ Dom. Com. 18 Jac. The Case of the Mayor of Winchelsey Judgment against the Mayor Journ Dom. Com. 20 Jac. The Case of the Mayor of Arundel for Misdemeanour Judgment To pay the Charge to be set down by 3 Members Jouâ—n Dom. Com 21 Jac. The Case of Ingry the under Sheriff of Cambridgeshire Judgment To make a submission at the Sessions Journ Dom. Com. 3 4 Car. 1. Tuesd. Apr. 29. The Case of the Sheriffs of York and others touching the Election of Sir Thomas Savile Nota. Nota. Nota. Sir Robert Philips The Sheriff to pay the charges of the Witnesses to be set down by four Witnesses Committment of Davenport to the Tower for misinforming the House of Commons as a Witness Anno primo Regis Jacobi Num. 42. penes Joh. Brown Ar. Cler. Parliamentor Nota. Anno 3 Car. 1. Pult. Stat. fol. 1433. 34 E. 1. No Tallage or Aid to be laid or levied without Authority of Parliament 1 E. 3. 6. 11 R. 2. 9. 1 R. 3. 2. 9 H. 3. 29. 28 E. 3. 3. 37 E. 3. 18. 38 E 3. 8. 42 E. 3. 3. 17 R. 2. 6. Quartering Souldiers against Law 25 E. 3. 9. 9 H. 3. 29. 25 E. 3. â—4 28 E. 3. â—3 Nota. Martial Law in time of Peace against the Laws and Statutes of England Nota. Nota. Here the good King condemns the Law and Doctrine of Dr. Cowell Blackwood Manwaring Fulbeck Sibthorpe Alablaster Filmer and their Transcribers and Disciples Journ Dom. Com. Parl. 1 Jac. Mercurii 23 Maii A. D. 1603 A Bill is delivered to the Speaker going to the House purporting a Declaration of Treason by a Magistrate of the Land who Gives an Account of it to the House Who forbear to read it at that time The King sends for the Bill The House expected an Accompt thereof from Mr. Speaker and after demands it Questions handled thereupon To cease with a caution care of the priviledge of the House To be Registred as the Judgment of the House that no Speaker should deliver a Bill whereof the House was possessed without leave The Speakers excuse Motions by several Members No Bill of which the House is possessed to be delivered without notice and leave of the House Jur. Dom. Com. Die venris 27. February 4 Jac. A. D. 1606. A Message from the King The Union of England and Scotland That the Writ called them to Consul de arduis Regi Their attendance a great duty Departure a greater contempt than a Noblemans Adviseth no Lawyer or other of Note to depart Would assist the House for their stay or recalling Motions and Debates upon the Message Mr. Speaker's motions Others move 3 Questions made 1 Question 2 Question 3 Question Resolves Order Veneris 27. February The Union of England and Scotland Die Martis 3. Martii Mr. Hide departs without License and is sent for Resolved that other Letters be writ to other Members who were Lawyers The form of the Letter Jurn Dom. Com. 27. Jac. Vereris 27. Maii. Order that a Committee take into consideration misinformations given to the King concerning the proceedings of the House of Commons Jour Par. Dom. Com. 18. 19. Jac. 15. Martii The Case of Dr. Lamley Chancellor to the Bishop of Peterburrough and Dr. Cradock a Divine Chancellor to the Bishop of Durham Dr. Lamely accused for Extortion and other Misdemeanours Dr. Cradock accused for Briberies and other Misdemeanours Kelway Fo. 184. Rastall's Stat. 8 H. 6. c. 1. Journ Dom. Com. 19 Jac. Sabbathi 2 die Junii Confirmation of the Order concerning all Patents adjudged Grievances Journ Dom. Com. Lunae 26 Martii Concerning all Patents adjudged Grievance Journ Dom. Com. Sabbathi 17 Martii Order pro Churchill March 21. Sr. Robert Phillip's Reports from the Committee appointed to examine Keeling and Churchill who informed them of many Corruptions against the Lord Chancellor April 25. A Committee for regulating the Chancery and to consider of Churchill's false Orders and the Faults of the rest of the Registers Sir Dudley Diggs saith that Churchill was Register Councellor and Judge referred to the Committee Anno 19 Jac. A Copy of the Petition remaining with William Goulds borough Esq Clerk of the House of Commons The Complaint of the Mayor Bayliffs and Burgesses of Northampton against Dr. Lamb Chancellor to the Bishop of Peterborough Nota est Cyclopum vivendi ratio quibus illa crudelis vox in Tragoedia attribuitur non ulla Numina expavesco Coelitum sed victimas uni deorum maximo ventri offero