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
the Polity and Laws in the time of those Emperors as also to make the Laws and Customs of Rome and Constantinople to be binding and obligatory to the Cities of London and York IV. In the same Parliament Mr. Hoskins a Member of the Commons produced several other Treatises containing as much as Dr. Cowell's Book all sold impune amongst the rest there was one Blackwood's Book which concluded That we are all Slaves by reason of the Conquest Upon these pernicious and false principles our more modern Authors have without controul published to the World these and many more dangerous positions against the very being and honour of Parliaments and destructive to the ancient fundamental Laws Priviledges and Customs of this Realm POSITIONS 1. That originally the Parliament consisted only of such as it pleased the King to call none having Right to come else 2. That all the Subject hath is the Kings and he may lawfully at his pleasure take it from us in regard he hath as much Right to all our Lands and Goods as to any Revenue of the Crown 3. That the Saxon Kings made Laws by the advice of the Bishops and Wise men which were no other then the Privy-Councel 4. That the Laws Ordinances Letters Patents Priviledges and Grants of Princes have no force but during their life if they be not ratified by the express consent or at least by the sufferance of the Prince following who had knowledge thereof What then becomes of the Peerage of England what of the Bishops Deans Prebends and other dignified Clergy what of the Charters of all Corporations what of hereditary Offices and what of Offices and Places for life and lastly what becomes of the Charters and Priviledges of the two most famous Vniversities of England Cambridge and Oxford 5. That Taxes and Subsidies were raised and paid without any gift of the Commons or of any Parliament in the Saxon times for instance Danegelt 6. For it was matter of Grace for the King to call the Commons to Parliament Yet afterwards the Commons were called and made a House by the Bishops in the times of the Barons War the better to curb them yet were they never called to consult but only to consent 7. Yet others deny that and affirm that the Commons had their first birth and beginning by Rebellion Anno 49 H. 3. and that too after the Battel of Lewes when the Barons had the King and Prince Edward in their power as prisoners and exercised Regal Authority in his Name He reigned 57. years 8. But this is not agreed by some for they say ab ingressu of William the First ad excessum H. 3. they cannot find one word of the Plebs or Commons being any part of Parliament hence another infers that the opinion is most like who think That the Commons giving their assent to making of Laws began about the time of E. 1. 9. The Legislative power is wholly in the King for the Statutes of most antiquity according to the phrase of penning may seem to be the meer will and pleasure of the King assisted with his Councel neither Lords nor Commons being named witness inter al. the Statute of Magna Charta 9 H. 3. c. 10. Nor did the Commons take into consideration matters of Religion which was only the place and function of the Lords Spiritual and Divines to determine and not at all appertaing to the Laity semper exclusis Dominis Temporalibus Communitate Regni 11. As for the Priviledges of the House of Commons pretended to there 's none to be found full and firm but only their being freed from Arrests and that hardly 12. They are not called to be any part of the Common Councel by the Writ of Summons 13. Nor to consult de arduis Regni negotiis of the difficult business of the Kingdom 14. For the Writ saith That the King would have conference and treat with the Great men and Peers but not a word of treaty and conference with the Commons 15. Their duty being only ad faciend consentiend to perform and consent to such things as should be Ordained by the Common Councel of the Kingdom 16. Nor is there so much mention in the Writ as a power in the Commons to dissent No more is there in the Lords Writ what then 17. Until H. 7's time the Commons were often petitioning but never petitioned to and then directed to the Right Worshipful Commons 18. That until the time of E. 6. who was an Infant for that I suppose was the pretended foundation of the notion it was punctually expressed in every Kings Laws that the Statutes were made by the King alone and then there began a dangerous alteration in the phrasing and wording of Acts of Parliament to the disadvantage of the Crown and invading the Prerogative 19. Lastly for it would be tedious to trouble the Reader with all their absurdities Chimaera's and false Inferences and Notions with which they have stuffed their Books and imbroiled the Kingdom by imposing upon the understanding of many of the Clergy and Gentry in the Nation They boldly assert that the Kings Prerogative is a preheminence in cases of necessity of which he is the proper and sole Judge above and before the Law of property and inheritance And so farewell all Parliaments and by consequence farewell all Laws It is God alone who subsists by himself the Right of Crowns and Kingdoms and all other things exist in mutual dependance and relation The Soveraignty Honours Lives Liberties and Estates of all are under the guard of the Law which when invaded by fraud or wit or destroyed by force a dismal confusion quickly veils the face of Heaven and brings with it horrid darkness misery and desolation Rapine plunder and cheating both private and publick will be allowed and protected continual Rebellions unjust Proscriptions villanous Accusations and Whippings illegal and lasting Imprisonments and Confiscations dismal Dungeons tormenting Racks and Questions Arbitrary and Martial Law Murthers inhumane Assassinations and base and servile Flatteries multiplied by Revenge Ambition and insatiable Avarice will become the Common Law of the Land All these and myriads more will be enacted for Law by force or fraud All which that wise King James well understood who saith That not only the Royal Prerogative but the Peoples security of Lands Livings and Priviledges were preserved and maintained by the ancient fundamental Laws Priviledges and Customs of this Realm and that by the abolishing or altering of them it was impossible but that present confusion will fall upon the whole state nnd frame of this Kingdom And his late Majesty of ever blessed memory was of the same mind and opinion when he said The Law is the Inheritance of every Subject and the only security he can have for his Life or Estate and the which being neglected or dis-esteemed under what specious shew soever a great measure of infelicity if not an irreparable confusion
discharging of a Priest Newton killed one he compounded for 100 l. One Allenson a Batchellor of Divinity made one Hanton his Executor within 10 days he granted Sequestration of the Testator's Goods Dr. Cradock sent them that took away his Will opened his Desk and took 6 or 7 Bags and having threatned them the Doctor made 4 Sequestrators the Bishop saith he would seize the Goods of Gilbert Hanton to the use of the Bishop of Durham he came as Justice of Peace and committed Hanton to the Constable to be forth-coming the Doctor broke open another Desk and took 30 s. in money he made his Warrant and sent Hanton to the Gaol he laid a Fine upon him of 50 l. John Widowes came to Hanton and mediateth to the Doctor for his Son's Imprisonment he would give his Son 22 l. which he doth the Sessions indicted him by the Oath of D. Soame because they thought the Fine too unreasonable but the Doctor said that the Lord of Durham would be angry with him One Clement gave the Doctor 50 l. and a Mare to have an Administration granted As he was a Commissioner he took of one Conyers 20 l. of another 59 l. and of two others 10 l. a piece for Adultery of another 8 l. As a Justice of Peace for not sending one to the Gaol 100 l. For Recusancy of one Tempest for a Murther 100 l. For Adultery before the Party could free himself 20 l. Mr. Alford The Oath Ex Officio in this manner one having no Sermon went to another and he made him pay 23 s. for the Oath and for the same offence and he going to another Parish imprisoned him Sir Edward Cook No man speaks against the Jurisdiction but the corruption of Spiritual Courts Qui tollit abusum confirmat usum For the Oath Ex Officio there is an Act of Parliament that they may give it and Lay-men may give it in some cases not in all And herein the ancient Common Law agreeth with the Canon Law in the 32 vel 31 Ed. 3. there was a complaint against Fees 2 H. 4. there was a Law to reduce them to their ancient Fees for now they exceeded For Cardinal Wolsey of his devotion and charity took for probate of my Lord Compton's Will 100 marks hence came the Law of 21 H. 8. We have good Laws but they are like Swords shut up in their sheaths Sir Edward Bonstead he hath a Petition of the Ministers of Northamptonshire the people have been ready to rise against the abuses in the Ecclesiastical Courts Mr. Brook That the Convocation is not a part of the Higher House neither the Bishops any part of the Higher House but are there as they have Temporal Baronies Mr. P ym I would not have us send up to the Lords yet till we have examined them for their guiltiness must be stamped here before they go up to the Lords Mr. Noy 8 H. 6. the Clergy and Bishops are not to be arrested going to the Convocation-house we cannot judge them but complain of them Mr. Sherwin It is a complaint and we must examine him so that our complaint be certain and not without great deliberation handled that it may not be otherwise proved Sir Nathaniel Rich. That if the Lords will not punish those that we complain of we will enter into Judgment our selves which is our ancient course The House would not send for the accused Doctors because they were of the Convocation 1. To avoid offence to them of that Assembly 2. Because of the Stat. of 8 H. 6. which is thus Forasmuch as the Prelates and Clergy of the Realm of England called to the Convocation and their Servants and Familiars that come with them to such Convocation often times and commonly be arrested molested and inquieted our said Soveraign Lord the King willing graciously in this behalf to provide for the security and quietness of the said Prelates and Clergy at the supplication of the same Prelates and Clergy and of the assent of Great men and Commons aforesaid hath ordained and statuted that all the Clergy from henceforth to be called to the Convocation by the Kings Writ and their Servants and Familiars shall for ever hereafter fully use and enjoy such liberty or defence in coming tarrying and going as the Great men and Commonalty of the Realm of England called or to be called to the Kings Parliament do enjoy and were wont to enjoy or in time to come ought to enjoy VI. The Commons House of Parliament in Confirmation of a former Declaration therein made concerning the stay of all Suits Payments and other Proceedings grounded upon any Patent or Commission condemned in the said House as a general Grievance or Inconvenience to the Subject until further Order and Direction given therein hath this day again upon the Question Resolved it to be fit that none of the Patents Commissions or other things condemned in this House for general Grievances or Inconveniences to the Subject shall be put in execution until the next access to Parliament VII It is thought fit by the Commons House of Parliament that all Suits Payments and other Proceedings grounded upon any Patent or Commission condemned in the said House as a general Grievance or Inconvenience to the Subject should stay till further Order and Direction to be given therein VIII It is this day Ordered by the Commons House of Parliament that the Serjeant at Arms attending this House shall attach the Body of John Churchill one of the Deputy-Registers of the Chancery and him shall take into his custody and bring him to this House upon Monday morning next at 8 of the Clock and the said Serjeant is in the mean time to keep him so as none be suffered to speak with him but in the hearing of the Serjeant IX To the Honourable the Knights Citizens and Burgesses of the House of Commons in this present Parliament Assembled The humble Petition of the Mayor Bayliffs and Burgesses of the Town of Northampton THat whereas your Petitioners have been and still are every way conformable to the Kings Majesties Laws Ecclesiastical yet have they for these many years been subject to the great grievances of John Lamb Doctor of the Laws Chancellor to the Bishop of Peterborough who not only scandalizeth the Town in general as factious rebellious and refractory to his Majesties Laws but also countenanceth the lewdest fellows in the Town in their opposing of the Governours and Government and by himself and his Surrogates Registers Proctors and Apparitors and others whom he useth as Spies up and down the Town and Country citeth men and women to his Courts upon small or no just occasion but only to enrich himself and his Followers keeping two Courts every fortnight for the most part and carrying them away from the usual place where they were wont to be kept as being most convenient unto other small Towns far remote so that his Majesties
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
ê‘ bouche devant nostre dit Seignior le Roy en plein Parlement st feust entrée en Rolle de Parlement de mot a mot en null autre maniere ê‘ ascun voie que le request lour estoit octroiez de quel Cedule issint leverée le tenure sensuit de mot a mot 38. Anno 28 E. 1. A Truce being concluded between the English and French by King Edward's Ambassadors who therein had dishonourably agreed to include the Scots the Ambassadors at the ensuing Parliament were sharply rebuked and corrected not only by the King himself the Prelates and Nobles but by the Commons But to take away exceptions let the Record speak Treugae initae inter Angliae Franciae Reges per eorum procuratores Nuncios Anno gratiae 1031. pro quibus dicti Nuncii Regis Angliae Reprehensi fuerunt non solum per ipsum Regem Praelatos Nobiles sed etiam Communitatem Regni praedicti pro eo quod promiserunt Regem Gentes Scotiae includi in Treugis ex parte Francorum Regis ex parte confederationis prius initae inter Francorum Scotorum Reges praedictos 39. Anno 12 E. 2 A War being between England and France the Pope sent two Cardinals to conclude a Truce between the two Crowns Whereupon King Edward declares Nos pro eo quod Praelatis Proceribus ac Magnatibus Regni nostri necnon Confederatis nostris quorum interest inconsultis dicte Treugae tunc assentire non poteramus Parliamentum nostrum apud westmonast in Crastino purificationis beate Mariae Virginis ultimo preterito mandaverimus convocari ut tam ipsorum Praelatorum Procerum ac Communitatum dicti Regni nostri quam Confederatorum nostrorum praedictorum habere possemus de liberationem quid agendum foret consultius in hac parte c. And afterwards the Record says Nos habita in dicto Parliamento cum Praelatis Proceribus ac Communitatibus Regni nostri praedictis necnon cum Nunciis ad nos de dictis confederatis nostris accedentibus super hiis deliberatione pleniori licet consideratis qualitate temporis jam currentis facti circumstantiis nobis ipsis visum fuerit periculosum fore multipliciter dampnosum aliquam cessationem seu dilationem ulterius concedere c. Had we had left us the Parliament Rolls of H. 3. E. 1. E 2. and some in E. 3. which are destroyed or lost Truth to which all owe a submission would have more plainly appear'd A QUERE touching the Parliament of Scotland WHat the Constituent parts of the Commune Consilium or Parliament of Scotland was in the time of our King E. 1. near 400 years since and why not the same before is amongst other Authorities proved as I conceive by a grand Record in the Tower of London which declares that the League between the Scotch and French was ratified and confirmed Inter ipsum Francorum Regem em una parte dictum Dominum Johannem de Balliolo ac Prealatos Nobiles ac Universitates Communitates Civitatum Villarum dicti Regni Scotiae pro ipsis eorum Haeredibus Successoribus ex altera Et etiam ad includendum dictum Dominum Johannem caeteros omnes terrae Scotiae predictos in Treugis inter dictos Angliae Franciae Reges initis proipsis eorum Heredibus subditis confederatis ad fines infrascriptos A Query may arise from this Record If the Tenants in capite only compounded and made the Parliament of that Kingdom in former Ages as some hold The Query is this Whether all Prelates Noblemen Universities and Communities of Cities and Towns of Scotland held of the Scotish King in capite Tempore E. 1. For if they held of any other or of him otherwise then in capite How could the Tenants in capite be the only Members of the Parliament according to the exact Enumeration of the constituent Parts mentioned and set down in this great Record which tells us that the League was made 1. On the one part between the King of France 2. On the other part between 1. John Balliol who was then King 2. The Prelates 3. The Nobles 4. The Universities and Communities of the Cities and Towns of the Kingdom of Scotland 5. And that for themselves 6. And for their Heirs and Successors The late proceedings touching Ship-money declared unlawful and all Records and Process concerning the same made void WHereas divers Writs of late time issued under the Oreat Seal of England commonly called Ship-writs for the charging of the Port-Towns Cities Boroughs and Counties of this Realm respectively to provide and furnish certain Ships for His Majesties Service And whereas upon the Execution of the same Writs and returns of Certioraries thereupon made and the sending of the same by Mittimus into the Court of Exchequer Process hath been thence made against sundry Persons pretended to be charged by way of Contribution for the making up of certain Sums assessed for the providing of the said Ships And in especial in Easter-Term in the thirteenth Year of the Reign of our Sovereign Lord the King that now is a Writ of Scire facias was awarded out of the Court of Exchequer to the then Sheriff of Buckinghamshire against John Hampden Esq to appear and shew cause why he would not be charged with a certain Sum so assessed upon him Upon whose Appearance and demurer to the Proceedings therein the Barons of the Exchequer adjourned the same Case in the Exchequer-Chamber where it was solemnly argued divers days and at length it was there agréed by the greater part of all Justices of the Courts of Kings-Bench and Common-Pleas and of the Barons of the Exchequer there assembled that the said John Hampden should be charged with the said Sum so aforesaid assessed on him The main grounds and reasons of the said Justices and Barons so agreed being That when the good and safety of the Kingdom in general is concern'd and the whole Kingdom in danger then the King might by writ under the Great Seal of England command all the Subjects of this his Kingdom at their charge to provide and furnish such manner of Ships with Men Victuals and Munition and for such time as the King should think fit for the defence and safe-guard of the Kingdom from such Danger and Peril and that by Law the King might compel the doing thereof in case of refusal or refractoriness and that the King is the sole Judge both of the Danger and when and how the same is to be prevented and avoided According to which grounds and reasons all the Justices of Kings-bench and Common-Pleas and the said Barons of the Exchequer having been formerly consulted with by His Majesties Command had set their hands to an extrajudicial Opinion expressed to the same purpose which Opinion with their Names thereunto was also by His
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
in divers Places assembled and required to lend certain sums of Money unto your Majesty and many of them upon their refusal so to do have had an Oath administred unto them not warrantable by the Laws or Statutes of this Realm and have been constrained to become bound to make appearance and give attendance before your Privy Councel and in other Places and others of them have been therefore imprisoned confined and sundry other ways molested and disquieted and divers other Charges have been laid and levied upon your People in several Counties by Lord Lievtenants Deputy Lieutenants Commissioners for Musters Justices of Peace and others by Command or Direction from your Majesty or your Privy Councel against the Laws and free Customs of the Realm And where also by the Statute called the Great Charter of the Liberties of England it is declared and Enacted That no Freeman may be taken or imprisoned or be disseised of his Freehold or Liberties or his free Customs or be Outlawed or Exiled or in any manner destroyed but by the lawful Judgment of his Peers or by the Law of the Land And in the 28th year of the Reign of K. Edward the III. it was Declared and Enacted by Authority of Parliament That no man of what Estate or Condition that he be should be put out of his Land or Tenements nor taken nor imprisoned nor disinherited nor put to death without being brought to answer by due process of Law Nevertheless against the tenour of the said Statutes and other the good Laws and Statutes of your Realm to that end provided divers of your Subjects have of late been imprisoned without any cause shewed and when for their deliverance they were brought before your Justices by your Majesties Writs of Habeas Corpus there to undergo and receive as the Court shall order and their Keepers commanded to certifie the causes of their detainer no cause was certified but that they were detained by your Majesties special Command signified by the Lords of your Privy Councel and yet were returned back to several Prisons without being charged with any thing to which they might make answer according to the Law And whereas of late great company of Souldiers and Mariners have been dispersed into divers Counties of the Realm and the Inhabitants against their wills have been compelled to receive them into their Houses and there to suffer them to sojourn against the Laws and Customs of this Realm and to the great grievance and vexation of the People And whereas also by Authority of Parliament in the 25th year of the Reign of K. Edward the III. it is Declared and Enacted That no man should be forejudged of Life or Limb against the form of the great Charter and the Law of the Land and by the said great Charter and other the Laws and Statutes of this your Realm no man ought to be adjudged to death but by the Laws established in this your Realm either by the Customs of the same Realm or by Acts of Parliament And whereas no Offendor of what kind soever is exempted from the Proceedings to be used and Punishments to be inflicted by the Laws and Statutes of this your Realm nevertheless of late divers Commissions under your Majesties Great Seal have issued forth by which certain persons have been assigned and appointed Commissioners with Power and Authority to proceed within the Land according to the Justice of the Martial Law against such Souldiers and Mariners or other dissolute persons joyning with them as should commit any Murther Robbery Felony Mutiny or other Outrage or Misdemeanour whatsoever and by such summary Course and Order as is agreeable to Martial Law and as is used in Armies in time of War to proceed to the Tryal and Condemnation of such Offendors and them to cause to be executed and put to death according to the Law Martial By pretext whereof some of your Majesties Subjects have been by some of the said Commissioners put to death when and where if by the Laws and Statutes of the Land they had deserved death by the same Laws and Statutes also they might and by no other ought to have been judged and executed And also sundry grievous Offendors by colour thereof claiming an exemption have escaped the Punishments due to them by the Laws and Statutes of this your Realm by reason that divers of your Officers and Ministers of Justice have unjustly refused or forborn to proceed against such Offendors according to the same Laws and Statutes upon pretence that the said Offendors were punishable only by Martial Law and by Authority of such Commissions as aforesaid which Commissions and all other of like nature are wholly and directly contrary to the said Laws and Statutes of this your Realm They do therefore humbly pray your most Excellent Majesty that no man hereafter be compelled to make or yield any Gift Loan Benevolence Tax or such like Charge without common Consent by Act of Parliament and that none be called to make answer or take such Oath or to give attendance or be confined or otherwise molested or disquieted concerning the same or for refusal thereof and that no Freeman in any such manner as is before mentioned be Imprisoned or Detained And that your Majestie would be pleased to remove the said Souldiers and Mariners and that your People may not be so burthened in time to come And that the foresaid Commissions for proceeding by Martial Law may be revoaked and adnulled And that hereafter no Commissions of like nature may issue forth to any Person or Persons whatsoever to be executed as aforesaid least by colour of them any of your Majesties Subjects be destroyed or put to death contrary to the Laws and Franchises of this Land All which they most Humbly Pray of your most Excellent Majesty as their Rights and Liberties according to the Laws and Statutes of this Realm And that your Maiestie would also vouchsafe to declare that the awards doings and proceedings to the prejudice of your People in any of the premisses shall not be drawn hereafter into Consequence or Example and that your Majesty would be also graciously pleased for the further comfort and safety of your People to declare your Royal Will and Pleasure That in the things aforesaid all your Officers and Ministers shall serve you according to the Laws and Statutes of this Realm as they tender the Honour of your Majesty and the Prosperity of this Kingdom Which Petition being read the 2d of June 1628. the King's Answer was thus delivered unto it THe King willeth that Right be done according to the Laws and Customs of the Realm and that the Statutes be put in due execution that his Subjects may have no cause to complain of any wrong or oppressions contrary to their just Rights and Liberties to the preservation whereof he holds himself in Conscience as well obliged as of his Prerogative But
necessary but he commanded to ask bare Questions and nothing else ergo no Instructions That this is done against the Canons of the Church and that there is no obedience without knowledge the outward man is not conformed unless the inward man be reformed and cited the Canons Quicunque contrist averit Doctorem veritatis peccat in Christum and the Canon 1 Jac. c. 45. for Command of Preaching For the 2d touching the setting up of Images it was said to be against Acts of Parliament against the Canons of the Convocation the Book allowed in the King's time of 28 H. 8. c. 30. against Images Pilgrimages will follow against 3 E 6. and the Homilies approved Anno 1 Eliz. forbidding of Images in Churches The 3d. for Prayer to the East which Gratianus affirms came by Tradition part 1. Decret 11. and that it is Superstitious Lingwood in his Gloss. Lib. 2. Title de Feriis non refert si versus orientem c. That the Lord Bishop Excommunicated many and enjoyned Penance to divers for not Praying to the East and some did their Penance with a whith Rod in their hand for proof whereof it is under the Bishops hand The fourth one Peck a Minister Catechized his Family and song Psalms and his Neighbours came in on the Sundays after Evening Prayer and the Lord Bishop enjoyned them to do Penance for this their resorting to Catechisme and singing of Psalms and to say I confess my Error which Acknowledgment is under the Bishops hand they which refused were Excommunicated and paid 7 l. charges 5. Touching Extortions was shewn That in the Table of Fees is set down from Institutions 24 s. 8 d. whereof to the Bishop 10 s. That this Lord Bishop is Register also and now his Lordship taketh for Institutions 3 l. 5 s. and for united Churches double viz. 6 l. 10 s. and that Communibus Annis there are 100 Iustitutions For admission into sacred Orders nothing should be taken if any it is Symony yet the Lord Bishop hath now taken 30 s. or 28 s. the Bishop and Register being all one To serve Cure 5 s. is due his Lordship taketh 6 s. 8 d. To teach School 3 s. 4 d. his Lordship taketh 6 s. 8 d. and if of ability 10 s. For every Consignation of a Decree 4 d. which cometh to 3 l. per annum for which there should be nothing paid no Consignation being in the Table but with another Hand set down in Archbishop Whitguift's Hand Sixthly That the Institutions to Benefices are not registred which overthroweth Patronages if it be returned Scrutatis Archivis non invenitur when the Right comes in question yet the Fees are greater than before The Commons concluded with these two Remembrances The first That they received this Complaint before Easter last yet they proceeded not in the Examination thereof till they received a Certificate of the Mayor of Norwich The second is That there is a Law that none shall be punished for complaining in Parliament This Report ended the Lord Bishop of Norwich stood up in his place and answered the same to this effect viz. The Answer of the Lord Bishop of Norwich to the Complaint of the Commons First his Lordship confessed the Charges in the said Complaint to be so great and so grievous that were he guilty thereof he would desire himself to be punished Which whether he be guilty or not he will leave to their Lordships most exact and severe Examinations wherein he desired them not to spare him and he would ever acknowledge and commend their Justice and Honour His Lordship protested he was not way guilty of the first part of his Accusation If he were then he was unworthy to bear the name of a Clergy-man and shewed the unworthiness of such as should dishearten Preachers from Preaching the Word of God His Lordship shewed also desired first that he might not be taxed with Ostentation his own Practice in Preaching while he was Vicar and Parson That he Preached every Sabbath in the Morning and Catechized in the Afternoon and that he continued the like in Chichester when he was Bishop there That in Norwich he never missed the publick Place and ever Preached there against Popery though he had been an unprofitable yet he had not been an idle Servant which was now his only comfort As touching Preaching and non Residents he hath been reckoned more than half a Puritan His Lordship remembred his manner of leaving his Service with the late Lord Archbishop of Canterbury that he might go to his Cure His Lordship wondred why he should be thought a Papist he thought it might be long of his Disputation and his Sermon at Paul's Cross of Predestination negative unadvisedly preached by him for which he was checked by the Lord Archbishop Whitguift and commanded to preach no more of it and he never did though Dr. Abbot Bishop of Sarum hath since declared in Print that which he then preached to be no Popery That Popery is a fire that will never be quiet He hath preached 100 Sermons since and nothing of Popery can be imputed unto him out of any of them That there be divers Obstacles to keep his Lordship from Popery 1. The Vsurpation of the Pope of Rome His Lordship affirmed That no Power on Earth can touch a Prince and that therefore he abhorred the Usurpation of the Pope over Princes 2. Their Religion is dyed with Bloud The practick course of their Religion is all by Jugling and feigned Miracles of which his Lordship had written a Book against them which was never yet answered 3. That he never spake with Priest or Jesuit nor ever invited a known Recusant to his Table for they never say Amen to our Prayers 4. That their Equivocation is the last worse than which nothing can be his Lordship held it much better to talk with the Devil than with such Then his Lordship profest himself to be a true Member of this Church and acknowledged the Church of England to come nearest to the Primitive Church that we fetch not our Reformation from Wickliff Hus and Luther of later Times but from the first 400 years next after Christ. 1. As touching the first part of the Accusation His Lordship confessed That 6 or 7 of the abler sort of Ministers in Norwich used to expound in their own Churches before the Sermon begun in the Cathedral Churches and many resorted from other Places to those Expositions for all the Churches have not Preachers and in the Afternoon to their Sermons The Preachers themselves found fault with this being willing to be rid of the pains as his Lordship thought for they were to preach in the Afternoon and in the Week-days and shewed him many Disorders therein which they pretended as the cutting off part of the Prayers or their beginning so early that many could not come to the Common Prayers and the like and they besought his Lordship to remedy
Say and his Son both here and at Banbury And it was then also Ordered by their Lordships that the Lord Keeper should move his Majesty for the House of Parliament to apprehend the said Reynde with a promise of reward unto him that that shall take him And it was then also Ordered that the Kings principal Secretary shall Write unto his Majesties Agent in the Low Countries that he signifie this censure of the Lords unto all the Colonels and Captains there and that his His Majesties pleasure is they give no entertainment to the said Reynde And the Court of Star-Chamber is to put this sentence in Execution against the said Reynde if he shall happen to be apprehended after this Session is ended and out of time of Parliament The Lord Say who withdrew himself when the Lords gave this Sentence gave their Lordships Humble thanks for the sense they had of his Honour and their Noble zeal they had in preserving of it Ordered the Court of Star-Chamber to put in Execution the Sentence against Reynde XV. Whereas George Gardiner did lately stand in the Pillory by the Censure of the House for counterfeiting of Protections and selling them it was now informed that he did not only in scorn thereof say that he would stand in all the Pillories in England for 2 s. per diem but also gave out threatning Speeches against the Lord Keeper wherefore he was this day brought to the Bar and the Speeches proved against him It was Ordered That he should stand in the Pillory here at Westminster with a Paper on his Head declaring his Offence for scandalizing the Justice of this House and unjustly slandering the Lord Keeper and to ride backward with the same Paper to the Cross in Cheapside and to stand in the Pillory there and to ride back to the Fleet in like manner And whereas George Buttrice and this George Gardiner Buttrice also having bought a counterfeit Protection have commenced Suits against one Henry Lane who first informed the Earl of Huntingdon thereof whose Protections were counterfeited and sold the said Suits not being for just Debt but for meer vexation as in the Petition of the said Henry Lane is contained It is Ordered the said Gardiner and Buttrice to stay all Suits against the said Lane for the Causes in the said Petition contained XVI Sir Walter Earl Reports from the Committee about the Deduty-Lieutenants Sir William Welby a Deputy Lieutenant for Lincolnshire is complained of that he sent a Warrant as a Deputy Lieutenant to commit two Persons to Gaol for refusing to pay certain Taxes for military Affairs Also one Mr. Norwood complains that it is the usual course of the said Sir William Welby to raise great sums in the Countrey in military Affairs but it is for the Charges of himself and others at Musters Also he having two Sons Captains in the Countrey he orders that every Souldier pay their Captain 6 d. a day every time they muster and though these Causes were complained of the last Parliament yet he doth not desist The Warrant was read For that I. S. refuseth to pay certain sums of Money for military Affairs These are by vertue of our Deputy Lieutenancy to require you to bring the Body of I. S. c. before me or some other Deputy Lieutenant I send you herewithal the Body of I. S. for that he denieth to pay military Charges and also denieth to enter Bond to appear at the next Assizes for his said refusal It was Ordered that he be sent for by the Serjeant and brought to the House Saturday the 10th of May Sir William Welby was called in to answer There was a Question whether he should come in a Delinquent and kneel or no and it was Ordered that he should not kneel only be asked by the Speaker about the Warrants exhibited touching the levying of Money for military Affairs He said he could not deny them but said he never imprisoned any but those two Palmer and Sparks and he said that upon the meeting of Musters he used to have his Charges born by the County and so it was ever used in that Countrey for 40 years and as for 6 d. a piece that is paid by every Souldier of the trained Bands unto the Captains of the Bands who are his Sons he said that it was ever used to be done but he never compelled any And as to the rate of 1 d. an Acre he said it was by vertue of an Order made at the Sessions in the Countrey and that he knew there was a Complaint of it the last Parliament After he went forth he was called in again and told that the House was not satisfied with his Answer and that it was the pleasure of the House that he should attend the Committee from day to day and this House also whensoever he should be required XVII A Complaint was made against the Mayor of Chichester by one Mr. Higgons who complained that a Lieutenant with four Souldiers came to his House and surprized him in his Study and he sent for the Mayor to see the Kings Peace kept and the Mayor contrary to his duty sent no aid and at a Sessions to enquire of a Ryot the Bench and the Hall was full of Captains and Souldiers so as he withdrew himself and they Indicted him for Assaulting a Souldier and it was found Cox also complained against the Mayor there who sent a Serjeant to them to demand Twenty Shillings by way of Loan which being refused six Souldiers were sent to his House so he was forced to lend the Money It was proved the Money was Paid and Enforced But it did not clearly appear that the Mayor enforced it but there were Presumptions the Captains and six Souldiers came from the Mayors House So there being no proof against the Mayor the Committee Ordered that the Mayor be dismissed till the Pleasure of the House be further known A Collection of some few Records and Presidents out of many others of the like nature Whereby it appears that the Kings of England were pleased to Consult and Advise with their Parliaments de Arduis negotiis Regni of the weighty and difficult business of the Kingdom 1. ANno 16. Johannis Before the granting and confirming of Magna Charta in his time the Prelates Earls Barons great Men and the Citizens and Burgesses were at a Parliament at London to give consilium auxilium Counsel and Aid for the Honour of the King being then personally in France in War with the French King their own and the safety of the whole Kingdom 2. Anno 29. H. 3. The King summoned a Parliament touching the Marriage of his Daughter where the Magnates Communitates Regni the great Men and Commons of the Realm spontanea mera voluntate granted a Subsidy to the King 3. Anno 32 H. 3. The great Men and Commons of their
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
former Proceedings in this House against the said Mr. Hall as well in disabling him to be any more a Member of this House as also touching his said Imprisonment the Matter was referred to further Consideration after search of the Presidents and Entries of this House heretofore had and made in the course of the said Cause On Friday the 2d day of December upon a Motion this day renewed on the behalf of the Inhabitants of the Burrough of Grantham in the County of Lincoln touching a Writ brought against them by Arthur Hall Esq whereby he demandeth Wages of the said Inhabitants for his Service done for them in attendance at sundry Parliaments being elected and returned one of the Burgesses of the said Burrough in the same Parliaments For as much as it is alledged that the said Arthur Hall hath been heretofore disabled by this House to be at any time afterwards a Member of this House and also that in some Sessions of the same Parliaments he hath neither been free of the Corporation of the said Burrough and in some other also hath not given any attendance in Parliament at all It is Ordered that the Examination of the state of the Cause be committed to the Right Honourable Sir Walter Mildmay Kt. one of her Majesties most Honourable Privy Councel Chancellor of her Highness's Court of Exchequer Sir Ralph Sadler Kt. one other of her Majesties most Honourable Privy Councel and Chancellor of her Highness's Dutchy of Lancaster Thomas Crumwel Robert Markham and Robert Wroth Esquires to the end that after due Examination thereof by them had if it shall so seem good to them they do thereupon move the Lord Chancellor on the behalf of this House to stay the granting out of any Attachment or other Process against the said Inhabitants for the said Wages at the Suit of the said Arthur Hall and the said Committees also to signifie their Proceedings therein to this House at the next Sitting thereof accordingly An Order delivered by Mr. Crumwel Entred by the Consent of the House WHereas upon Complaint made to this House upon Munday the 21. day of November in the first Meeting of this present Parliament on the behalf of the Burrough of Grantham in the County of Lincoln against Arthur Hall Gent. That the said Arthur Hall had commenced Suit against them for Wages by him demanded of the said Burrough as one of the Burgesses of the Parliament in the Sessions of Parliament holden in the 13. 14. 18. and 23. years of the Reign of our Sovereign Lady the Queens Majecty wherein it was alledged that the said Burrough ought not to be charged as well in respect of the negligent attendance of the said Mr. Hall at the said Sessions of Parliament and some other Offences by him committed at some of the said Sessions as also in respect that he had made promise not to require any such Wages The Examination of the said Cause on the 2d day of December in the last Session of this Parliament by Order of this House was committed unto Sir Ralph Sadler Kt. Chancellor of the Dutchy Sir Walter Mildmay Kt. Chancellor of the Exchequer Thomas Crumwel Robert Markham and Robert Wroth Esqs. This day Report was made by the said Committees that not having time during the last Session of Parliament to examine the Circumstances of the Cause they had in the mean season by their Letters advertised my Lord Chancellor that the said Cause was committed unto them and humbly requested his Lordship to stay the issuing forth of any further Process against the said Burrough until this Session of Parliament or Meeting which accordingly his Lordship had very honourably performed and the said Committees did further declare that having during this Session of Parliament or Meeting sent for Mr. Hall declared unto him the effect of the Complaint against him they had desired him to remit the said Wages which he had demanded of the said Burrough whom they found very conformable to condescend to such their Request and that the said Mr. Hall then alledged and affirmed unto them that if the Citizens of the said Burrough would have made suit unto him he would upon such their own suit then remitted the same so was he very willing to do any thing which might be grateful to this House and did freely and frankly remit the same which being well liked of by this House it was by them this day Ordered that the same should be entred accordingly §. 1. Mr. Arthur Hall's Case stated I. ANno 23 Eliz. 1580. Mr. Arthur Hall Burgess for Grantham for writing a Book derogatory to the Authority Power and State of the Commons House of Parliament had Judgment nemine contradicente 1. To be imprisoned in the Tower for 6 months and from thence till he had made a Retractation of his Book 2. To be severed and cut off from being a Member of that or any future Parliament 3. A Fine of 500 Marks to the Queen 4. His Book and slanderous Libel adjudged utterly false and erroneous II. Anno 1 Jacobi 1603. The Bishop of Bristol publishing a Book tending to make division and strife wrong and dishonour both to the Lower House and the Lords themselves was complained of by the Commons to the Lords The Earl of Salisbury at a Conference between the two Houses rebuked the Bishop That any man should presume to see more than a Parliament could the Bishop made his Recantation 1. That he had erred 2. That he was sorry for it 3. If it were to do again he would not do it 4. But protested it was done of ignorance and not of malice III. Anno 7 Jacobi 1609. Dr. Cowell Professor of the Civil Law at Cambridge writ a Book called the Interpreter rashly dangerously and perniciously asserting certain Heads to the overthrow and destruction of Parliaments and the fundamental Laws and Government of the Kingdom He was complained of by the Commons to the Lords as equally wounded who resolved to censure his Errors and boldness but upon the interposition of the King who declared that the man had mistaken the Fundamental Points and Constitutions of Parliaments promised to condemn the Doctrines of the Book as absurd and him that maintained the Positions they proceeded no further His Principles with the evident Inferences from them were these 1. That the King was solutus à Legibus and not bound by his Coronation Oath 2. That it was not ex necessitate that the King should call a Parliament to make Laws but might do that by his absolute power for Voluntas Regis with him was Lex populi 3. That it was a favour to admit the consent of his Subjects in giving of Subsidies 4. The Doctor draws his Arguments from the Imperial Laws of the Roman Emperors an Argument which may be urged with as great reason and upon as good authority for the reduction of the state of the Clergy of England to