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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
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
free and meer Will gave a Subsidie in Parliament to Marry the Kings Eldest Sister to Frederick the Emperour 4. Anno 37. at a Parliament then held at London concerning the great Affairs of the Kingdom and Foreign parts Magna Charta was confirmed Rex Magnates Communitas populi being present and by their consent the Grand Excommunication against the Infringers of Magna Charta was denounced 5. Anno 42 H. 3. In the Parliament at Oxford several Ordinances were made for Redress of Grievances A la request de noz haus homes è prodes homes è de Commune de notre Reaume at the request of the high Men the good and honest Men and of the Commons of the Realm 6. Anno 48 H. 3. The Articles of Peace between the King Prince and Prelates Peers and all the Commons of England were generally and unanimously approved of at a Parliament at London De consensu voluntate praecepto Domini Regis necnon Praelatorum Baronum ac etiam Communitatis tunc ibidem praesentium By the unanimous consent will and command of the King of the Prelates Barons and also of the Commons being there present 7. 49 H. 3. The King complains that the Earl of Gloucester and others had circumvented Prince Edward Et ad partem suam proh dolor proditoriae attraxerunt proprii contemptu Sacramenti Against the form of the Kings and Princes Oath of the Prelates great Men Communitatis Regni unanimi assensu voluntate nuper London provis 8. Anno eodem The Knights Citizens and Burgesses were summoned to Parliament in the Utanes of St. Hillary nobiscum cum Praelatis Magnatibus nostris tractaturi Consilium suum impensuri To treat and give their Counsel with the K. Prelates and great Men touching the settling of the disturbed condition and state of the Kingdom 9. Anno 51. H. 3. The King per le Conseil lassentement le Rei de Alemaine de Countes de Barons del Comman de laterre By the counsel and assent of the King of Almain and of the Earls and Barons and of the Commons of the Land pardoned and released the Earl of Gloucester and all his Company c. 10. And the King in the same Parliament per le Conseil lassentement le Rei de Alemaine les Countes de Barons le Commons de laterre By the counsel and assent of the King of Almain and of the Earls Barons and the Commons of the Land pardoned and released the Londoners c. 11. Anno 54 H. 3. The King and Prince having undertaken the Crusado for the Holy-land Quia tamen Praelatis Magnatibus Communitati Regni non videtur expediens neque ratum that they should be both out of the Kingdom istis Temporibus It was agreed the Prince should go and a Subsidie was granted to the Prince by the Parliament 12. Anno 11 E. 1. Lewellin Prince of Wales being in Rebellion the King undertakes the War against him de Consilio Prelatorum procerum magnatum necnon totius Communitatis ejusdem Regni by the Counsel of the Prelates Peers great Men also of the whole Commons of the Kingdom 13. Anno 28. E. 1. The King in his Writ of Summons to Parliament directed to the Sheriff of Cumberland saith volentes cum Prelatis Commitibus Baronibus Magnatibus supradictis cum aliis de Communitate dicti Regni super hoc quibusdam aliis arduis negotiis nos statum Regni tangentibus habere colloquium tractatum c. 14. Anno 35. E. 1. At the great Parliament held at Carlisle the Record saith that Knights Citizens and Burgesses were summoned to the Parliament Ad tractand c. Super ordinatione Stabibilitate terrae Scotiae necnon aliis negotiis dictum Regem statum Regni sui spetialiter tangen being the same Words which were for the great Lords in their Summons 15. Anno 9 E. 2. At the Parliament at Lincoln the King in plein Parlement caused to be declared the causes of the Summons thereof Pro diversis arduis negotiis ipsum statum Regni and especially pro statu terrae suae Scotiae perimimicos suos pro parte occupata supplicans injungens Praelatis proceribus caeteris fidelibus subditis suis ibidem existentibus ut sibi in praemissis consulerint sibi facerent auxilium oportunium which they did An. 16 E. 2. A Marriage being propounded between Prince E. after E. 3. and the Daughter of Charles of Valois The King not when he was under the power and fear of the Barons but after he had vanquished them and had beheaded Thomas Earl of Lancaster his Unkle and was attended and guarded by his two great Minions the Spencers declares in his Letter to Charles thus Recorded De Matrimonio inter Edwardum primogenitum Regis filiam Caroli Comitis de Valois contrahendo AVdivimus super eisdem deliberationem hujusmodi cum aliquibus de nostro Consilio tractatum-Verum quia tam nobis quam illis visum est non esse expediens neque decens quod contractus hujusmodi absque Praelatori Magnatum Regni nostrim Consilio assensu in Parliamento requirend firmaretur vestrae sinceritati duximus intimand quod cito post festum Sancti Mich. prox ventur Parliamentum nostrum proponimus convocare tunc de Commum Consilio super dicto negotio ordinare curabimus quod vobis placitum nobisque Regno nostro utile fore videbimus decorum dat apud Thorp juxta Ebor. 6. die Junii And King Edward further writes to Charles King of France and Navar about that Marriage Set super eodem in prox Parliamento nostro quod statim post festum Sancti Mich. prox futuri tenere proponimus deliberationem tractatum pleniorem habere intendimus tunc inde taliter ordinare quod inde debebetis merito contentari Dat c. 16. Anno 13. E. 3. licet nuper de Consilio assensu Praelatorum procerum Communitatis Regni nostri nostrum assumentes passagium ultra mare c. 17. Anno 14 E. 3. It was proposed to the Grauntz autres des Communes in Parliament to treat and ordain touching the War then with France the keeping of the Peace of the Land and the marches of Scotland and of the Sea 18. Anno 17 E. 3. It was propounded in plein Parlement that the War was attempted and begun by the common consent des Prelatz Grantz Communes and that the King would not treat of Peace without their assent and thereupon it was commanded to the Prelates and Grantz to assemble themselves in the Chamber Blanch to treat conclude and assent amongst themselves whether the King should send Ambassies to Rome to shew and propose his Title to France before the