Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	duke_n	earl_n	lord_n	24,417	5	4.9161	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A35634	Arcana Parliamentaria, or, Precedents concerning elections, proceedings, privileges, and punishments in Parliament faithfully collected out of the common and statute-law of this realm, with particular quotations of the authors in each case, by R.C. of the Middle Temple ... ; to which is added The authority, form, and manner of holding Parliaments, by the learned Sir Tho. Smith ...	R. C., of the Middle Temple, Esq.; Smith, Thomas, Sir, 1513-1577.	1685 (1685)	Wing C97; ESTC R36268	44,399	122

be avoided by Attaint or by Error as it hath been used by the Laws in the time of the Kings Progenitors 4 H. 4. c. 23. The Parliament may take Recognizances whilst it is sitting viz. the Upper House 1 H. 7.20 and so it seems may the Lower House Recogn Br. 8. Parl. Br. 92. Note That it hath been often sound that Wales and the Counties Palatines that did not come to Parliament should not be bound by the Parliament of England for Ancient Demesn is a good Plea in an Action of Waste given by the Statute and yet Ancient Demesn is not excepted and it is enacted 2 E. 6. c. 28. that Fines with Proclamations shall be in Chester for the former Statutes do not extend to it and it is enacted that Fines with Proclamation shall be likewise in Lancaster 37 H. 8. c. 19. and Proclamation upon an Exigent is given by Statute in Chester and in Wales 1 E. 6. c. 10. and such another Act of Lancaster 5 6 E. 6. c. 26. And the Statute of Justices of Peace shall not extend to Wales nor to a County Palatine and therefore an Act is made for Chester and Wales 27 H. 8. c. 5. But see Tit. County Palatine 17. 20. that any Act shall extend to a County Palatine 8 H. 6. c. 34. See above the Act for Knights and Burgesses of the said County Palatine to come to Parliament c. 34 H. 8. c. 13. The Wife of a Duke Earl Baron and such as being married or Widows in Case of Felony and Treason shall be tried by their Peers as her Husband shall be tried per 20 H. 6. c. 11. Stamf. 153. But if her Husband cannot have such Tryal the Wife shall not and if after the death of the Husband she marries an Esquire or Knight she loses her Dignity in Law Dyer 79. An Attachment is not grantable by the Common Law Statute Law Custom or Precedent against a Lord of Parliament and the Lord Cromwel by order in the Parliament Chamber was discharg'd of such Process Dyer 316. See Debt for 100 l. brought by R. Buckley Knight against Richard Thomas of Lanuaire upon the Statute of 23 H. 6. for that he was chosen Knight for the County of Anglesey in Wales which said R. T. being Sheriff of that County did not return him accordingly where it was argu'd that the Statute did not extend to Wales as to give the forfeiture aforesaid to the Knight chosen and not returned And yet it was adjudged that the Plaintiff should recover because the Statute 27 H. 6. enacts that the Country and Dominion of Wales shall be stand and continue for ever incorporated united and annexed to and with the Realm of England and that every Person born or after to be born in the said Country or Dominion of Wales shall have enjoy and inherit all and every Liberties Franchises Rights Privileges and Laws within this Realm and other Dominions of the King as other Kings Subjects naturally born within the same have had and have enjoyed Com. 120. If a man speaks slanderous words of the Queen and is not punished within the time given by the Statute of 23 Eliz. c. 2. he shall be punished by the Statute of Westm. 1. viz. shall be imprisoned untill he find the Person that spake c. according to the Statute W. 1. cap. 33. and not according to the advice of the Council for that is when the slander touches the Nobles and great Officers expressed in the Statutes made 2 R. 2. c. 5. 12. R. 2. c. 11. and not the King for he is a Person exempted and not implyed in those words of great Men and Nobles Dyer 155. In a Praemunire against a Lord of Parliament he ought to appear in his proper Person and not by Atturney unless he has a special Writ of Chancery 14 H. 4.14 9 E. 4.2 Note that in January 38 H. 8. Henry Howard Earl of Surrey Son and Heir Apparent of Thomas Duke of Norfolk was attainted of high Treason for joyning the Arms of England before the Conquest and other Arms after to his own Arms and other pretences against the Prince and he was tried by Knights and Gentlemen and not by Lords nor by Peers of the Kingdom for that he was not an Earl by Creation but by Birth as Heir Apparent of a Duke who was invested with the dignity in Law for if it had been a Dignity by Creation and a Lord of Parliament he should have been tried by his Peers 38 H. 8. Treason Br. 2. A Statute in the Affirmative doth not alter the Common Law Dier 50. Every Session is as a Parliament Dyer Fol. 203. Note An attaint by Parliament shall have Relation to the first day of Parliament as to the forfeiture of the Lands of the Offender unless it be specified in the Act that the forfeiture shall relate to the day when the Treason was committed Relation 43.35 H. 8. Note That in every Case of Treason or Felony newly made by Statute the Lords of Parliament shall have their Tryal by their Peers notwithstanding that the Statute does not provide for it by express Words so that the Proviso inserted for their Tryals in such Cases in the Statute is an abundance per Stamford 153. And Tryal per pares is given by Magna Charta cap. 9. Stamford 152. Note That in Cases of misprision of Treason or Felony Lords of Parliament shall be tried by their Peers Note That a Statute was made Anno Domini 1296. by the King and his Barons Clero excluso and this was at a Parliament holden at St. Edmundsbury in the Reign of Ed. 1. as Jewel Bishop of Sarum against Harding fol. 620 reporteth And in a Province at Merton in the time of H. 3. 1273 where the matter was moved touching Basterdy for the Legitimation of those that were born before Marriage and it is said that the Statute passed intirely with the Lords Temporal without the Clergy but it seems that it is no Statute but an affirmance of the Common Law which the Lords said that they would not alter see 11 R. 2. cap. 9. A man attainted of Felony or Treason shall not be restored in Blood without Parliament Restitution Br. p. 37. 3 E. 6. In a Homine Replegiando the Sheriff returnes that the Defendant had eloigned the Body so that he could not make deliverance c. then the Plaintiff shall have a Capias in Withernam to take the Body of the Defendant and detain him c. untill c. be he either a Peer of the Realm or other Common Person and if the Sheriff return Non est inventus upon this Capias in Withernam of the Body then the Plaintiff shall have a Withernam of the Goods of the Defendant F. Nat. Brevium 68. 11 H. 4.15 R. E. brought a Writ of Chancery and of the Privy-Seal to be discharged of serving in Juries and Assizes for that he was a Baron and therefore ought not to be

A Catalogue of the AUTHORS and BOOKS made use of in the following Collection LIttleton Plowden Dyer Stamford Fitz-Herbert Bracton Fortescue Brook Liber Assis. Book of Entries The Year-Books Coke Lambert Yelverton Thorpe Mountague Wray L. Ch. J. Hollinshed Sir Tho. Smith Arcana Parliamentaria OR PRECEDENTS CONCERNING Elections Proceedings Privileges and Punishments in PARLIAMENT Faithfully collected out of the Common and Statute-Law of this Realm With particular Quotations of the Authors in each Case By R.C. of the Middle Temple Esq To which is added The Authority Form and Manner of Holding Parliaments By the Learned Sir Tho. Smith Doctor of Laws London Printed for M. Gilliflower at the Spread Eagle and Crown in Westminster-Hall 1685. The Authority Form and Manner of holding Parliaments THE most high and absolute Power of the Realm of England consisteth in the Parliament For as in War where the King himself in Person the Nobility the rest of the Gentility and the Yeomanry are is the Force and Power of England So in Peace and Consultation where the Prince is to give Life and the last and highest Commandment the Barony or Nobility for the higher the Knights Esquires Gentlemen and Commons for the lower part of the Common-wealth the Bishops for the Clergy be present to advertise consult and shew what is good and necessary for the Common-wealth and to consult together and upon mature deliberation every Bill or Law being thrice read and disputed upon in either House the other two Parts first each apart and after the Prince himself in presence of both the Parties doth consent unto and alloweth That is the Princes and whole Realms Deed whereupon justly no man can complain but must accommodate himself to find it good and obey it That which is done by this Consent is called firm stable and sanctum and is taken for Law The Parliament abrogateth old Laws maketh new giveth order for things past and for things hereafter to be followed changeth Right and Possessions of private men legitimateth Bastards establisheth Forms of Religion altereth Weights and Measures defineth of doubtful Rights whereof is no Law already made do appoint Subsidies Talies Taxes and Impositions giveth most free Pardons and Absolutions restoreth in Blood and Name as the highest Court condemneth or absolveth them whom the Prince will put to Tryal And to be short all that ever the People of Rome might do either Centuriatis Comitiis or Tributis the same may be done by the Parliament of England which representeth and hath the Power of the whole Realm both the Head and Body For every English-man is intended to be there present either in Person or by Procuration and Atturney of what Preheminence State Dignity or Quality soever he be from the Prince be it King or Queen to the lowest Person of England And the Consent of the Parliament is taken to be every man's Consent The Judges in Parliament are the the King or Queen's Majesty the Lords Temporal and Spiritual the Commons represented by the Knights and Burgesses of every Shire and Burrough Town These all or the greater part of them and that with the consent of the Prince for the time being must agree to the making of Laws The Officers in Parliament are the Speakers two Clerks the one for the Higher House the other for the Lower and Committees The Speaker is he that doth commend and prefer the Bills exhibited into the Parliament and is the Mouth of the Parliament He is commonly appointed by the King or Queen though accepted by the Assent of the House The Clerks are the Keepers of the Parliament-Rolls and Records and of the Statutes made and have the custody of the private Statutes not printed The Committees are such as either the Lords in the higher House or Burgesses in the lower House do choose to frame the Laws upon such Bills as are agreed upon and afterward to be ratified by the same Houses The Form of holding the Parliament THE Prince sendeth forth his Writs to every Duke Marquess Baron and every other Lord Temporal or Spiritual who hath Voice in the Parliament to be at his great Counsel of Parliament such a day the space from the date of the Writ is commonly at the least forty days He sendeth also Writs to the Sheriffs of every Shire to admonish the whole Shire to choose two Knights of the Parliament in the name of the Shire to hear and reason and to give their Advice and Consent in the name of the Shire and to be present at that day likewise to every City and Town which of ancient time hath been wont to find Burgesses of the Parliament so to make Election that they might be present there at the first day of the Parliament The Knights of the Shire be chosen by all the Gentlemen and Yeomen of the Shire present at the day assign'd for the Election the voice of any absent can be counted for none Yeomen I call here as before that may dispend at the least forty shillings of yearly Rent of free Land of his own The Writ of Parliament for the Lords JAcobus Secundus c. Charissimo consanguineo suo Edwardo Comit ' Oxon ' salutem Quia de advisamento assensu consilii nostri pro quibusdam arduis urgentibus negotiis nos statum defensionem Regni nostri Angliae Ecclesiae Anglicanae concernent ' quoddam Parliamentum nostrum apud Civitatem nostram Westmonasterium decimonono die prox ' futur ' tener ' ordinavimus ibid ' vobiscum ac cum Prelat ' Magnatibus Proceribus dict' Regni nostri colloquium habere tractare vobis sub fide ligeanciis quibus nobis tenemini firmiter injungend ' mandamus quod considerat ' dictorum negotiorum arduitate periculis imminentibus cessante excusatione quacunque dict' die loco personaliter intersitis nobiscum ac cum Prelatis magnatibus Proceribus praedictis super dictis negotiis tractatur ' vestrumque consilium impensur ' hoo sicut nos honorem nostrum ac salvationem defensionem Regni Ecclesiae praedictorum expeditionemque dictorum negotiorum diligitis nullatenus omittatis Teste meipso apud Westm ' decimo die anno Regni nostri The Writ of Parliament for the Knights REx Vic' N. c. salut quia de advisamento assensu Consilii nostri pro quibusdam arduis urgentibus negotiis nos statum defensionem Regni nostri Angliae Ecclesiae Anglicanae concernen ' quoddam Parliamentum nostrum apud Civitatem nostram Westm ' duodecimo die prox ' futur ' teneri ordinavimus ibid ' cum Prelatis Magnatibus Proceribus dicti Regni nostri colloquium habere tract Tibi praecipimus firmiter injungentes quod facta proclamac ' in prox ' comitat ' tuo post receptionem hujus brevis nostri tenend ' die loco praedict ' duos milit ' gladiis cinct ' magis idoneos discretos comit ' praedicti de

forfeitures as before mentioned to be levied of the Goods and Chattels of every such Mayor Bayliff or other head Officers to whom the Kings said Writ shall be directed for the levying of such Fees making default of pavment of the said Fees and Wages to the Burgesses in manner and form as is aforesaid And the Burgesses of Cities Boroughs and Towns within the twelve Shires of Wales and the County of Monmouth which are or shall be contributory to the payment of the Burgesses Wages of the said Shire-Towns shall be lawfully admonished by Proclamation or otherwise by the Mayors Bayliffs or other head Officers of the said Towns or by one of them to come and give their Elections for the electing of the said Burgesses at such time and place lawful and reasonable which shall for that intent be assigned in which Elections the Burgesses shall have like Voice and Authority to elect and name the Burgesses of every the said Shire-Towns as the Burgesses of the said Shire-Towns have or use Ibidem Two Justices of Peace in every of the said Shires in Wales and in the said County of Monmouth have Power and Authority indifferently to lot and tax every City Borough and Town within the Shires in Wales wherein they do inhabit and in the said County of Monmouth for the Portions and Rates that every the said Cities and Boroughs shall bear and pay towards the said Burgesses within the said Shire-Towns of every of the said Shires in Wales and the County of Monmouth which Rates so rated and taxed in gross by the said two Justices of Peace as is aforesaid shall be again rated and taxed on the Inhabitants of every the said Cities and Boroughs by 4 or 6 discreet and substantial Burgesses of every the said Cities and Boroughs in Wales thereunto named and assigned by the Mayor Bayliffs or other Head Officers of them for the time being and thereupon the Mayors Bayliffs and other Head Officers of every such City Borough or Town to collect the same and thereof to make payment in manner and form as aforesaid to the Burgesses of the Parliament within like time and upon the like pains and forfeitures as is above mentioned 35 H. 8 c. 11. The Kings Assent by his Letters Patents under the great Seal of England and signed with his Hand and notified in his absence to the Lords of Parliament and Commons assembled together in the higher House is and ever was of as good strength and force as if the King's Person had been there personally present and had assented openly and publickly to the same and such Royal Assent notified as aforesaid shall be taken good and so effectual to all Intents without ambiguity or doubt any Custom or Usage to the contrary notwithstanding 33 H. 8. cap. 21. Every Knight chosen for the Parliament and Sheriff that makes Election for them shall have their Traverse to such Inquests and Offices before any Justices of Assize hereafter to be taken and they shall not be endammaged unto the King for any such Inquest taken untill they be duly convicted according to the form of the Law 6 H. 6. cap. 4. All the Clergy hereafter to be called to the Convocation by the King 's Writ and their Servants and Familiars shall for ever hereafter fully use and enjoy such Liberty or Defence in coming tarrying and returning as the great Men and Commonalty of the Realm of England called or to be called to the King's Parliament do or were wont to enjoy 8 H. 6. cap. No Appeal shall be pursued in Parliament 1 H. 4. c. 14. The Burgesses of Parliament shall not be Collectors of a Fifteen except they can dispend in the County out of the City or Borough of which they are Burgesses in Lands or Tenements to the value of an hundred Shillings by the Year over the Charges and Reprises 18 H. 6. cap. 5. Knights Citizens Burgesses and Barons of Parliament must take the Oath of Supremacy before they enter into the Parliament House but Lords of Parliament shall not be compelled to take the said Oath 5 Eliz. c. 1. Vide How Lords of Parliament shall be placed in the Parliament and other Assemblies and Conferences of Council 31 H. 8. cap. 10. Lords of Parliament for matters of Religion shall be tried by their Peers 1 Eliz. c. 2. Persons attainted by Parliament and after become Lunatick shall be executed notwithstanding 33 H. 8. c. 20. Quere if this be not repeal'd by 1 2 Ph. Mary c. 10. Staunford 153. Women that have Joyntures assigned after marriage may wave them and take their Dowry at Common Law if the Joynture be not assigned by Parliament 27 H. 8. c. 10. The County Palatine of Chester shall have two Knights for the County Palatine and likewise two Citizens to be Burgesses for the City of Chester to be chosen by Process to be awarded by the Chancellor of England unto the Chamberlain of Chester or his Lieutenant for the time being And so like process to be made by the Chamberlain or his Lieutenant or Deputy to the Sheriff of the said County of Chester And the same Election to be made under like manner and formed to all intents constructions and purposes as is used within the County Palatine of Lancaster or any other County and City within England which Knights and Burgesses and every of them so elected shall be returned by the said Sheriff into the Chancery of England upon the like pains as it is ordained that the Sheriff of any other County within this Realm should make their Return in case like Which said Knights and Burgesses and every of them so chosen and returned shall be Knights and Burgesses of the Court of Parliament and have like Voice and Authority to all intents and purposes as any other the Knights and Burgesses of the said Court of Parliament have use and enjoy And also may have and take all and every such Liberties Advantages Dignities Privileges Wages and Commodities concerning the said Court of Parliament to all Intents Constructions and Purposes as any other the Knights and Burgesses of the said Court may or ought to take and enjoy 34 H. 8. c. 13. If any Assault or Affray be made to any Lord Spiritual or Temporal Knight of the Shire Citizen or Burgess coming to the Parliament or to other Council of the King by his Commandment and there being and attending at the Parliament or Council that then Proclamation shall be made in the most open Places in the Town by three several days where the Assault or Affray shall be made that the Party that made such Affray or Assault yield himself before the King in his Bench within a quarter of a year after the Proclamation made if it be in the time of the Term or otherwise at the next day in the time of the Term following the said quarter and if he do not that he be attainted of the same deed and pay to the Party grieved his double

House wherein they first pass but the amendments only for no Bill shall be read above three times Ibidem No Lord ought to speak to the Bill twice in one day Also no Knight Citizen or Burgess ought to speak above once to one Bill in one day unless sometimes by way of Explication No private Bill ought to be read before the publick Bills unless the one House or the other do require it Coke lib. 13. Note in the House of Commons those that are for the new Bill if there be a question of Voices shall go out of the House and those who are against the Bill and for the Common Law or any former Law shall sit still in the House for they are in possession of the old Law the other of the other to number the Voices Coke lib. 13. In both Houses he which first stands up to speak he shall first speak without any difference of Persons Ibid. When a Bill is ingrossed at the third reading it may be amended in the same House in any matter of Substance à fortiori the Errour of the Clerk in the Ingrossing may be amended Note The Priviledge Order or Custom of Parliament either of the Upper House or of the House of Commons belongs to the Determination or Decision only of the Court of Parliament And this appeareth by two notable Precedents The one at a Parliament holden the twenty seventh Year of King Henry the 6 th There was a Controversie moved in the Upper House between the Earls of Arundel and of Devon-shire for their Seats Places and Preheminencies of the same to be had in the King's Presence as well in the High Court of Parliament as in his Counsels and else-where The King by the advice of the Lords Spiritual and Temporal committed the same to certain Lords of Parliament who for that they had not leisure to examine the same it pleased the King by the advice of the Lords at this Parliament in Anno 27 th of his Reign that the Judges of the Land should hear see and examine the Title c. and to report what they conceive herein The Judges made Report as followeth That this matter viz. of Honour and Precedency between the two Earls Lords of Parliament was a matter of Parliament and belonged to the King's Highness and the Lords Spiritual and Temporal in Parliament by them to be decided and determined yet being there so commanded they shewed what they found upon Examination and their Opinions thereupon Another Parliament in 31 H. 6. which Parliament begun the sixth of March and after it had continued some time it was prorogued untill the fourteenth of February and afterwards in Michaelmas Term Anno 31 H. 6. Thomas Thorpe the Speaker of the Commons House at the Suit of the Duke of Buckingham was condemned in the Exchequer in 1000 l. damages for a Trespass done to him The fourteenth of February the Commons moved in the Upper House That their Speaker might be set at liberty to exercise his Place The Lords referred this Case to the Judges and Fortescue and Prisot the two Chief Justices in the name of all the Judges after sad Consideration and mature Deliberation had amongst them answered and said that they ought not to answer to this Question for it hath not been used aforetime That the Justices should in any wise determine the Priviledge of this High Court of Parliament for it is so High and Mighty in its nature that it may make Laws and that that is Law it may make no Law And the determination and knowledge of that Priviledge belongeth to the Lords of the Parliament and not to the Justices But as for the proceedings in the Lower Courts in such Cases they delivered their Opinions And in 12 E. 4. 2. in Sir John Paston's Case it is holden that every Court shall determine and decide the Privileges and Customs of the same Court c. See Dier Fol. 275. One was in Execution that was a Burgess of Parliament and was let at large by a Priviledge Writ of Parliament P. 34 35 H. 8. Rot. 23. And Debt brought against the Jaylor for an escape but he says not what happened thereon See Hollinsked in his Cronicle Fol. 1584. The Case of one Ferrers set at liberty that was a Burgess of Parliament and arrested and put in Execution in London sitting the Parliament and this was Anno 34 H. 8. and was the Case of Ferrers as I believe of which Dier Fol. 275 speaks In the Lent Season whilst the Parliament yet continued one George Ferrers Gentleman Servant to the King being elect a Burgess for the Town of Plimmouth in the County of Devon in going to the Parliament-House was arrested in London by a Process out of the King's Bench at the Suit of one White for the Sum of two hundred Marks or thereabouts wherein he was late afore condemned as a Surety for the Debt of one Welden of Salisbury which Arrest being signified to Sir Thomas Moile Knight then Speaker of the Parliament and to the Knights and Burgesses there Order was taken that the Serjeant of the Parliament called S. I. should forthwith repair to the Counter in Breadstreet whither the said Ferrers was carried and there to demand delivery of the Prisoner The Serjeant as he had in charge went to the Counter and declared to the Clerks there what he had in commandment but they and other Officers of the City were so far from obeying the said Commandment as after many stout words they forcibly resisted the said Serjeant whereof ensued a Fray within the Counter-gates between the said Ferrers and the said Officers not without hurt of either part so that the said Serjeant was driven to defend himself with his Mace of Arms and had the Crown thereof broken by bearing off a stroke and his man strucken down During this Brawl the Sheriffs of London called Rowland Hill and H. Suckley came thither to whom the Serjeant complained of this Injury and required of them the delivery of the said Burgess as afore but they bearing with their Officers made little account either of his Complaint or his Message rejecting the same contemptuously with much proud Language so as the Serjeant was forc'd to return without the Prisoner and finding the Speaker and all the Knights and Burgesses set in their places declared unto them the whole cause as it fell out who took the same in so ill part that they all together of whom there were not a few as well of the King 's Privy Council as also of his Privy Chamber would sit no longer without their Burgess but rose up wholly and repaired to the Upper House where the whole Case was declared by the mouth of the Speaker before Sir T. Audley Knight then Lord Chancellour of England and all the Lords and Judges there assembled who judging the Contempt to be very great referred the punishment thereof to the order of the Common House They returning to their places again upon

on an Infant this shall put him out of Possession notwithstanding the Statute of Westm. 2 c. 5. which aids an Infant against a common Person 35 H. 6.62 63. A Man is attainted of Treason and after the King gives his Lands to a stranger and then he commits a Trepass on the Land and after this he is restored by Parliament and the Attainder is annulled as if there had been no such Attainder he shall not be punished for that Trespass Vide Trespass Br. 425.10 H. 7. adjudged Vide 4 H. 7.10 But if a Daughter or other collateral Heir enter and take the Profits and after the next Heir is born as a Son he shall not have remedy for the outing of the Incumbent nor shall have an account for the mean Profits 9 H. 6.23 Note if a man is attainted of Treason by Act of Parliament all his Lands Goods and Chattels are forfeited to the Crown altho it be not so said in the Act it self by Townsend Justice By the Common Law if a man be attainted by Parliament of Treason or Felony yet the Land is not in the Crown before it be so found by Office if it had not been so ordered by the Statute 33 H. 8. c. 20 which gives possession in such case to the King without any Office yet where a Tenant of the King dies without Heir there the Free-hold shall be in the King without Office for that the Free-hold cannot be in suspence 9 H. 7.2 Dyer 486. Com. 486 229. An Act of Parliament in the Affirmative shall not alter the Common Law as a man recovering Debt or Damages does not sue Execution within the year he was put at the Common Law to his new Original for he should not have had a Scire Facias before the Statute of Westm. 2. c. 45. de his quae recordata sunt which gives a Scire Facias in such case yet the party that recovers may have a Writ of Debt after this Recovery for that the said Statute is the affirmative 39 H. 6.3 The Statute of 42 E. 3 c. 11. ordaineth that four dayes before the Assizes the Pannel of the Assize shall be arrayed yet two dayes before the Assize it is sufficient to array the Pannel in Assizes for that the Statute is in the affirmative 43 Lib. Ass. 22. It is enacted by Parliament that A.B. shall be restored and that he may enter yet he shall not enter upon the King if it be not so enacted by Statute that he may enter as well upon the King as upon a Common Person 4. E. 4.22 23. At a Parliament holden by Adjournment 38 H. 8. it was admitted that if a Burgess of Parliament was made Mayor of a Town that had Judicial Jurisdiction and the other is sick that those are sufficient Reasons to choose others and so they did by Writ of the King out of Chancery that contained this matter that it was admitted in the Commons House of Parliament Par. Br. 7. 38 H. 8. Note A Statute or Act of Parliament shall not be proclaimed for the Parliament represents the Body of the whole Realm for there are Knights and Burgesses of every County and Town 39 E. 3.7 But otherwise where it is ordained by the Act that it shall be proclaimed as the Statute of Labourers 23 H. 6. c. 13. And the Statutes of Maintenance Champerty Imbracery and Reteiners 32 H. 8. c. 9. are ordained to be proclaimed A private Act of Parliament shall not conclude men as a general Act shall neither are strangers to it bound to take any notice as Privies are by 37 H. 6.15 13 E. 4.8 Office de Court Br. 27. Where the matter is against Reason and the Party has no Remedy by the Common Law he may sue for Remedy in Parliament 37 Lib. Ass. 7. A man was restored by Parliament to Land that was forfeited and had a Writ directed to the Escheator to put him into Possession and he returns that he was disturbed in making Execution by A. B. who came and said that he had not notice of the Restitution and by the Justices he is excused till he had notice and the Reason as it seems is for that it is a particular Act 43 Lib. Ass. 29. The Crown of England and the Preheminence thereof by Parliament with all Prerogatives belonging to it was given to H. 7. in Tayle this extends not to Liberties and Franchises of others 1 H. 7.13 The King and the Lords assent that H. B. shall be attainted and lose his Land and because it did not appear by the Act that the Commons assented therefore adjudged by all the Justices that it was no Act of Parliament whereupon the party was restored 4 H. 7.10 Note By the same Reason that the Queen by her absolute Authority may commit a man to Prison and to tarry there during Pleasure as appears Stamford 72. so also by her Proclamation she may ordain that if any one do act against the Content of that Proclamation that he shall be imprisoned and yet see 42 Lib. Ass. 5. where a Commission issuing out of Chancery to seise the Goods of A. and his Body without other process the Suit was awarded void Note The Queen may by Proclamation inhibit that her Subject shall not go out of the Realm upon pain to make Fine for the Contempt if he go c. Fitzh Nat. Br. 85. T. infeoffs W. and A. his Wife in Tail and after it was enacted by Parliament that all Estates made by T. to W. shall be void yet by Fineax and Brian Chief Justice this is void as well to the Wife as to the Husband for they are but one Person in Law and the Wife cannot take but by the Husband But if an Estate had been made to J. and to another Man and all Estates made to J. are enacted by Parliament to be void there the Estate is good for a Moiety to the other man and with this agreed Vavisor yet others are of a contrary Opinion 5 H. 7.34 Dyer 331 332. Note that it was agreed by the Justices that the Statute of Additions made in Anno 1 H. 5. c. 5. shall bind the King as to Indictments and such like as well as common Persons 5 E. 4.32 Com. 236. But see there that an Indictment is specially mentioned which is at the King's Suit and so is as a Name in the Statute See in the Book of Bracton about a Parliament holden by a Lieutenant or by a Protector or by a Deputy and the like See 8 H. 5. c. 1. whereby it is enacted that Parliament Writs being awarded in the name of the King's Lieutenant shall not be staid upon the King 's Return into England neither shall the Parliament be dissolved An Act of Parliament in the time of H. 6. was made whereby all Corporations and Licenses granted by that King were made void It was held that this Act must be pleaded Certain and the Court is not bound to take Connisance of them no more

Parliament 24 H. 8. Bastard Br. 23.39 c. 3.32 Note If a man gives Lands to one and his Heirs Males in this Case his Heirs Females shall also inherit and this was also adjudged in Parliament as Thorpe said 18 La. p. 5. Note It was written Tybinry-broke in a Writ of Cosinage and in the Habere facias Visum the Writ was Tybinry without Broke and it was demanded of the King's Council by S. H. Green and Thorpe Justices whether this word may be amended by the Statute of 14 E. 3. c. 6. which enacts that the Justices may amend a Syllable or Letter which is found too little or too much and one of the Council answer'd that it was a needless Question of them whether it may be amended for he said that it may be well amended be it a Syllable or a Letter without which the Word cannot subsist and no difference 40 E. 3.34 And so see the Justices demanded the intent of the makers of the Statute of those that were of the King's Council Note A Fifteenth is granted by Parliament and it is well known by the Exchequer Roll how much every Town in England shall pay at every Quinzim granted Br. 9. 34 H. 8. And if the Tenants pay for their Goods the Lord shall not pay towards the Fifteen out of the Rents of the Lands that they occupy and enjoy 7 H. 4.33 11 H. 4.46 A Town is charged upon a fifteen granted at the sum of 4 l. and one of the Town by the Kings Charter is discharged of the fifteen in the same Town so much as amounts to his part shall be recounted in the said 4 l. and the Town shall be charged of the rest Per Curiam 19 H. 6.63 Note A Bishop has a Mannor within which are Tenements by the Verge by Copy of Court Roll which Copy-holds time out of Mind have been taxed within the same manner to the Wages of the Knights of Parliament and a good Prescription altho the Lord come to Parliament and is charged for his Spiritual Possessions for the Dismes or Tenths among the Clergy Vide Avow Fitzh 260. 8 R. 2. according One is taxed for the Fifteenth in his Land and when he perceived that the Collector was coming to distrain for the 15th that is to say for his part that he was to pay towards the 15th he drove his Cattel out of the same Land before the Collector could take them he cannot pursue by Brian So for damage feasant 19 E. 4.10 otherwise it is for Rent-service 44 E. 3.20 At the time of a 15th granted to the King A. who lives in W. has Corn growing in C. and before the Assessment he reaps and carries it to W. it shall be lyable for the goods in W. and not in C. and in a Replevin the Issue shall be If at the time of the Assessation of the 15th the Corn were remaining in C. or at W. 21 E. 3.42 Note The Fifteenth at this day is levied by Rods of Land most commonly and in some places upon their Goods Quinz Br. 9. 34 H. 8. Note That where the Abby of Saint Edmundsbury was founded by the King's Progenitors and exempted from all Episcopal Jurisdiction so that no Ordinary could Visit there contrary to the Foundation and Ordinance aforesaid upon a difference that was between A. Bishop of Norwich and B. Abbot of Bury concerning that Exemption It was Ordained at a Parliament of William the Conquerour held such a Year by the Arch-bishop of Canterbury and all other Bishops of the Realm and by the Earls and Barons that for the time to come neither the Bishop of Norwich nor any of his Successors should act contrary to the Points of the Exemption and Foundation abovesaid and that he that shall be Bishop shall pay to the King or his Heirs thirty Talents of Gold and for that the Bishop of Norwich that now is has gone contrary to this Ordinance of the King a Contempt was issued against him and the Bishop pleaded Not Guilty and was found Guilty whereupon it was awarded That the Bishop's Temporalities shall be seized into the King's Hands and that the King shall recover the said Sum of Money 21 E. 3.60 Note Those of Ireland are bound by the Statute of England for their Goods if the Statute gives forfeiture of Goods for doing a thing contrary to the Statute but not for Land or any thing touching Land there 2 R. 3. fol. 12. And yet those of Ireland do not send any Lord Knight or Burgess to the Parliament of England for they have a Parliament of their own when the King pleaseth Vide Action upon the Statute Fitzh 1. and 11 H. 6. where Hussey Chief Justice said that the Statutes of England bind those of Ireland which was not much denied by the other Justices at that time altho the Term before some were of a contrary Opinion Vide 20 H. 6.9 That those of Ireland are not bound by the Statutes of England as if Tenths be granted by the Parliament of England those of Ireland are not bound because they are not summoned to the Parliament of England Vide Fitzh Nat. Brevium 22. Error in the Kings-Bench of Ireland reversed in the Kings-Bench of England Assis. Fitzh 328. Vide Dier 360. A Lord of Ireland shall not be tried in England for Treason done in Ireland nor by his Peers not by Jury because he is a Subject of Ireland And England and Ireland have several Seals whereby it appeareth that the Laws of England shall not bind those of Ireland for their Land Dier 303. A man has Goods in England and other Goods in Ireland and dies intestate in England and the Intestate has an Obligation of a Merchant that dwells in Ireland which Obligation was in England when he died and the Son of the Intestate obtains the Administration of the Bishop of Dublin for the Goods there and the Wife of the Intestate of the Goods in England of the Arch-Bishop of Canterbury within his Province the Son releaseth to the Obligor in Ireland and in Debt by the Wife of the Intestate who has the Obligation in her Hand This Release was pleaded and the issue taken was whether the Obligation was in England or in Ireland when the Obligee died Out of which it may be collected that the Arch-Bishop of Canterbury had to do with it and not the Bishop of Dublin Dier 305. Vide p. 16. El. Ro. 436. Lanc. A Writ of Accompt was brought by Steven Pinde by his Guardian assigned by the Court after that he was of the Age of fourteen years and before twenty one years for the profits of Land in Gavelkind received by Giles Frankling Defendant Guardian of the said Pinde Plaintiff before fourteen years and yet the Statute is Cum ad aetatem c. and this is intended one and twenty years Vide 29 E. 3.3 Accompt for Land in Gavelkind after that the Heir came to fifteen years A man has Restitution by Act of Parliament and