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A54636 Miscellanea parliamentaria containing presidents 1. of freedom from arrests, 2. of censures : 1. upon such as have wrote books to the dishonour of the Lords or Commons, or to alter the constitution of the government, 2. upon members for misdemeanours, 3. upon persons not members, for contempts and misdemeanours, 4. for misdemeanours in elections ... : with an appendix containing several instances wherein the kings of England have consulted and advised with their parliaments 1. in marriages, 2. peace and war, 3. leagues ... / by William Petyt of the Inner-Temple, Esq. Petyt, William, 1636-1707. 1680 (1680) Wing P1948; ESTC R15174 115,975 326

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our most Christian King in His blessed and famous Purposes and Proceedings to the establishing both of true Christian Religion in this His Church of England and Ireland and of a Christian Policy in the civil State of the same c. and after they granted the Subsidies It is far from my thoughts to delight in raking into the misfortunes of any much less of great men but in all Ages it hath been allowed to publish the Memoirs of ill men to the intent to deter Posterity from acting and committing such Crimes and Offences which we find were severely punished both by God and Men. And whoever will take the pains to run over the ancient Historians and Records of the Kingdom will find that the Troubles in Richard the 1st's time the Barons Wars the Confusions in E. 2 d's time the woful Distractions in the Reign of R. 2. and H. 6. had their source and rise from one grand Cause the extravigant and insufferable Dominion and Power of Minions or Favourites with their Partisans which K. James rightly calls Pests and Vipers of a Common-wealth who notwithstanding their spetious glosses and pretences of Loyalty to the Crown rather then suffer themselves to be questioned and punished by Law for their Arbitrary and Illegal Acts Resolved to run the hazard of and see the ruine and destruction both of Prince and People My Lord Bacon after he was Sentenced in Parliament meeting with Sir Lionel Cranfield after Earl of Middlesex whom King James had then newly made Lord Treasurer My Lord Bacon having first congratulated his advancement to so Eminent a Place of Honour and Trust told him between jest and earnest That he would recommend to his Lordship and in him to all other great Officers of the Crown one considerable Rule to be carefully observed which was to Remember A Parliament will come I do not believe that his Lordship had the Spirit of Divination But certain it is that two years after in the Parliament 21. and 22. of that King the Commons Impeached the Earl for what and what the Judgement was thereupon hear the Record Messuage sent to the Commons by Mr. Serjeant Crew and Mr. Attorney General viz. That the Lords are now ready to give Judgment against the Lord Treasurer if they with their Speaker will come and demand the same Answered They will attend presently The Lords being all in their Robes the Lord Treasurer was brought to the Bar by the Gentleman Usher and the Serjeant at Arms his Lordship made low obeysance and kneeled until the Lord Keeper willed him to stand up The Commons with their Speaker came and the Serjeant attendant on the Speaker presently put down his Mace The Speaker in their Name to this Effect viz. The Knights Citizens and Burgesses in this Parliament assembled heretofore transmitted unto Your Lordships several Offences against the Right Honourable Lionel Earl of Middlesex Lord High Treasurer of England for Bribery Extortion Oppressions and other grievous Misdemeanours committed by his Lordship And now the Commons by me their Speaker demand Judgment against him for the same The Lord Keeper Answered The High-Court of Parliament doth adjudge 1. That Lionel Earl of Middlesex now Lord Treasurer of England shall lose all his Offices which he holds in this Kingdom and shall be made for ever uncapable of any Office Place or Imployment in the State and Commonwealth 2. And that he shall be Imprisoned in the Tower of London during the Kings pleasure 3. And that he shall pay unto our Sovereign Lord the King the Fine of 50000 l. 4. And that he shall never sit in Parliament more 5. And that he shall never come within the Verge of the Court. Ordered That the Kings Councel draw a Bill and present the same to the House to make the Lands of the Earl of Middlesex liable unto his Debts unto the Fine to the King unto Accompts to the King hereafter and to Restitution to such whom he had wronged as shall be allowed of by the House So that the familiar saying of my Lord Coke is very remarkable That no Subject though never so Potent and Subtile ever confronted or justled with the Law of England but the same Law in the end infallibly broke his Neck THE CASE OF George Ferrers Esq IN the Lent Season whilst the Parliament yet continued one George Ferrers Gent. Servant to the King being elect a Burgess for the Town of Plimouth in the County of Devon in going to the Parliament-house was Arrested in London by a Process out of the Kings-Bench at the Suit of one White for the sum of two hundred Marks or thereabouts wherein he was late aforecondemned as a Surety for the Debt of one Welden of Salisbury which Arrest being signified by Sir Thomas Moyle Kt. then Speaker of the Parliament and to the Knights and Burgesses there order was taken that the Serjeant of the Parliament called S. J. should forthwith repair to the Compter 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 Compter 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 Compter-gates between the said Ferrers and the said Officers not without hurt of either part so that the Serjeant was driven to defend himself with his Mace of Armes 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 of his Message rejecting the same contemptuously with much proud language So as the Serjeant was forced 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 was not a few as well of the Kings Privy-Councel as also of his Privy-Chamber would sit no longer without their Burgess but rose up wholly and repaired to the Vpper House where the whole case was declared by the mouth of the Speaker before Sir T. Audley Kt. then Lord Chancellor 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 new debate of the Case took order that their Serjeant should eftsoon repair to the Sheriffs of London and require delivery of the
constructions and purposes as well concerning marriage heretofore made by any of the Ecclesiastical or Spiritual persons aforesaid as also such which hereafter shall be duly and lawfully had celebrate and made betwixt the persons which by the Laws of God may lawfully marry Lastly Knighton one of our best and most exactest Historians tells posterity the ancient ends of calling Parliaments in the Speeches made by Tho. de Woodstock Duke of Gloucester the Kings Uncle and Tho. de Arundel Bishop of Ely to King Richard 2d at Eltham in the 12th year of his Reign in the name of the whole Parliament then sitting at Westminster wherein the said Delegates do put that King in mind Quod ex antiquo Statuto Consuetudine laudabili approbata c. saith the Historian That by ancient Statute and Custom laudable and approved which no man could deny the King may once in the year convene his Lords and Commons to his Court of Parliament as to the highest Court of the whole Realm In qua omnis equitas relucere deberet absque qualibet scrupulositate vel nota tanquam Sol in ascensu meridiei ubi pauperes divites pro refrigerio tranquilitatis pacis repulsione injuriarum refugium infallibile querere possent ac etiam Errata Regni reformare de statu gubernatione Regis Regni cum sapientiori Concilio tractare ut Inimici Regis Regni intrinseci hostes extrinseci destruantur repellantur qualiter quoque onera incumbentia Regi Regno levius ad Ediam Communitatis suportari poterunt In which Court say they all equity ought to shine forth without the least Cloud or shadow like the Sun in his Meridian glory where poor and rich refreshed with peace and ease of their oppressions may always find infallible and sure refuge and succour the grievances of the Kingdom redress'd and the state of the King and government of the Realm debated with wiser Counsels the Domestick and Foreign Enemies of the King and Kingdom destroyed and repelled and to consider how the charges and burthens of both may be sustained with more ease to the people Saturday the 18. of March A further Order against Mr. Hall Hall's Retractation to be referred to a certain Committee The Committee to Report Hall's Retractation at the next Session of Parliament Anno 27 Eliz. Jour Dom. Com. Saturday 12 December Contempt in a Member The Serjeant to give warning to Mr. Hall tu attend the House Monday the 21 November Anno 29 Eliz. An. Dom. 1586 Mr. Markham's Complaint against Mr. Hall That he being for ever disabled to be a Member of the House had notwithstanding brought his Writ against the Inhabitants of Grantham for his Wages Who pray the advice and order of the House Friday the 2d of December Referred to a Committee With directions if they think good to move the Lord Chancellor to stay the granting of further Process against the Burrough Tuesday the 21. of March The Ld. Chancellor at the request of the Committee stays further Process against Grantham Mr. Hall frankly remits his Wages to the Burrough of Grantham Ex Journ Dom. Com. Judgment The like President An. 3 Car. 1. Vid. Journ Dom. Com. Journ Dom. Proc. Com. The Bishop of Bristol's Case Ex Journ Dom. Proc. Com. 7 Jac. The Case of Dr. Cowell Men despise and reproach those things whereof they are ignorant It is a desperate and dangerous matter for Civilians and Canonists I speak what I know and not without just cause to write either of our Common Laws of England which they profess not or against them which they know not But their Pages are so full of palpable Errors and gross Mistakings as these new Authors are out of our Charity and their Books out of our Judgment cast away unanswered Coke lib. 10. Lectori Blackwood's Case Jour Dom. Com. Nota. E contra Vide the ancient Rights of the Commons of England asserted or a discourse proving by Records and the best Historians that the Commons of England were ever an essential part of Parliament The Power of Kings in particular of the Kings of England learnedly asserted by Sir Robert Filmer Kt. fol. 1. Printed An. Dom. 1680. King James's first Speech to his first Parliament in England Pulton's Stat. 1 Jac. cap. 2. fol. 1157. King Charles the I. Declaration to all his loving Subjects published with the Advice of his Privy Councel Exact Collections of Declarations pag. 28 29. Journ Dom. Com. Dr. Manwaring's Case Juratores praesentant quod Richardus Empson nuper de London miles nuper Consiliarius excellentissimi Principis Henrici nuper Regis Angl. 17. die Maii Anno Regni dicti nuper Regis 12. diversis vicibus antea postea apud London in Parochia sanctae Brigettae in Warda de Farrington extra Deum prae oculis non habens sed ut filius diabolicus subtiliter imaginans honorem dignitatem prosperitatem dicti nuper Regis ac prosperitatem Regni sui Angliae minime valere sed ut ipse magis singulares favores dicti nuper Regis adhiberet unde magnat fieri potuisset ac totum Regnum Angliae secundum ejus voluntatem gubernaret falso deceptivè proditoriè legem Angliae subvertens diversos ligeos ipsius nuper Regis ex sua falsa covina subtili ingenio contra communem legem Regni Angliae Anderson's 1. Rep. fol. 156. Vide Rushworth ' s Collections fo Judgment against the Doctor Journ Dom. Procerum The Doctor 's Submission Ex Agupeto Diacono Assentatores à Regibus tanquam pestis vitandi 12. nam non utilia consulunt sed quae placent 22. 31. sic Diogenes rogatus quaenam bellua perniciosissime morderet ex feris inquitobtrectator ex cicuribus vero adulator The Lords order the Bishop of London to suspend the Doctor Journ Dom. Proc. die Sabbathi 18 die April 16 Car. 1 21 April 1640. 27 April 1640 28 April 1640. Journ Dom. Com. 3 Car. 1. Dr. Mountague's Case * The Dr. Writ and Published several Tenents tending to Arminianism and Popery * Lord Brook friend to Sir Phillip Sidney in his Alaham. Had done a contempt to the Commons and distrubed the Nation 1 Car. Voted 2 Car. resolved by that Parliament that he had Sowen Sedition And endeavoured to reconcile us to Rome Articles against Mountague Campanella de Monar Hispan Jour Dom. Com. Anno. 27 Eliz. Dr. Parry's Case Journ Dom. Com. 18 Jac. Sir Giles Mompesson's Case Journ Dom. Proc. 18 Jac. The Lords Judgment againw him * Journ Dom. Com. 19 Jac. Sir John Bennet ' s Case Illos extollimus qui fraudibus ac dolis divites facti sunt eos patres legum Justitiae fontes sapientiaeque thesauros appellantes O inconcussa Dei justitia quamdiu haec pateris ab horum igitur scholis in quibus non sat scio an de veritatis inventione an potius de lucri spe major sit disceptatio prodeunt Judices