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
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 Besides other Presidents and Orders of a various Nature both of the House of Lords and Commons 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 And other Weighty Affairs of the Kingdom By William Petyt of the Inner-Temple Esq London Printed by N. Thompson for T. Basset at the George and J. Wickins at the White Hart in Fleetstreet 1680. TO William Williams Esq SPEAKER OF THE HONOURABLE HOUSE OF Commons The AUTHOR Humbly Dedicates these his Miscellanea Parliamentaria THE CONTENTS FErrers Case Pag. 1. § 1. Some few Presidents against such as have Wrote Books to the Dishonour of the Lords and Commons and the Subversion of the Government Pa. 12. § 2. Some Presidents wherein the House of Commons have for Misdemeanours turned out and discharged their Members Pa. 90. § Some Presidents for punishing Persons that were no Members for Contempts and Misdemeanours Pa. 96. § 4. Some Presidents for punishing Misdemeanours in Elections Pa. 111. § Some Miscellaneous Presidents and Orders both of the House of Lords and Commons p. 137. An Appendix Or A Collection of some few Records and Presidents out of many other 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 Affairs of the Kingdom p. 221 THE PREFACE I Have seen saith Stephen Gardiner who was Dr. of Laws Bishop of Winchester and after Lord Chancellour of England the Councel much astonished when the King would have done somewhat against an Act of Parliament It was made then a great matter The Lord Cromwel had once put in the Kings our late Sovereign Lords Head to take upon Him to have His Will and Pleasure regarded for a Law for that he said was to be a very King and thereupon I was call'd for at Hampton-Court and as the Lord Cromwel was very Stout come on my Lord of Winchester quoth he for that conceit he had whatsoever he talked with me he knew ever as much as I Greek or Latine and all Answer the King here quoth he but speak plainly and directly and shrink not man Is not that quoth he that pleaseth the King a Law Have ye not the Civil-Law therein quoth he Quod principi placuit and so forth quoth he I have somewhat forgotten it now I stood still and wondered in my Mind to what Conclusion this should tend The King saw me musing and with earnest gentleness said Answer him whether it be so or no I would not answer my Lord Cromwel but delivered my Speech to the King and told him I had read indeed of Kings that had their Will always received for a Law but I told him the Form of his Reign to make the Laws his Will was more sure and quiet and by this Form of Government ye be established quoth I and it is agreeable with the Nature of your People If ye begin a new manner of Policy how it will frame no man can tell and how this frameth ye can tell and would never advise your Grace to leave a certain for an uncertain The King turned his Back and left the matter after till the Lord Cromwel turn'd the Cat in the Pan afore Company when he was angry with me and charged me as though I had played his part This Tale is true and not without purpose to be remembred So far the Bishops Letter And from it and other passages in History I shall raise four Observations That it was a general Rule and Principle in most great Ministers of State or as the old Word was Minions to flatter and poison Princes minds with Absolute and Despotical Power not for the Honour or good of the Crown for that can never be but for their particular Advantages that Themselves might Reign and be Sovereigns over their Masters And indeed not only of our own Country but of others Historians are full of the sad and woful Effects thereof in most Ages which makes me frequently revolve the melancholly Contemplation of Cardan Inter fures scurras adulatores constitutus est princeps a furibus bona diripiuntur a scurris mores corrumpuntuh ut quisque melior est ex aula abigitur ab adulatoribus veritas summum inter mortales bonum ablegatur unde miseri principes propter has larvas in Cimmeriis ignorantiae tenebris perpetuo vivunt O miseram principum sortem qui nunquam norunt quali in statu res suae positae sint adeo vero aures principum emollitae sunt ut ad veritatis nomen tanquam ad Nili cataractas obsurdescant This pessima gens humani generis always abhorred a Parliament and the reason thereof is demonstrative because they well knew they should then be called to an impartial and strict account and be punished according to their demerit as de facto it appears in the Cases of the Lord Cromwel after Earl of Essex and the Protector the Duke of Somerset mentioned in the Bishop's Letter that they were questioned in Parliament although possibly the proceedings therein against them were managed with too much Violence and artifice by the malice and policy of their Enemies And no man in all points can justifie the acts of all Councels whether Ecclesiastical or Civil The first was attainted of High-Treason in the Parliament 32. H. 8. amongst other Crimes 1. For Vsurping upon the Kingly Estate Power Authority and Office 2. For having the Nobles of the Realm in great disdain derision and detestation 3. And further also being a person of poor and low degree as few were within the Realm pretended to have so great a stroke about the King that he lett it not to say publish and declare That he was sure of the King which was detestable and to be abhorred amongst all good Subjects in a Christian Realm that any Subject should enterprize to take upon him so to speak of his Sovereign Leige Lord and King The second was in the Parliament 3 and 4 E. 6. Fined and Ransomed amongst other Offences 1. For desiring the Rule Authority and Government of the King and Realm by himself only and getting the Protectorship 2. That by his own Authority he did stay and lett Justice and subverted the Laws as well by Letters Patents as by his other Commandments 3. He rebuked checked and taunted as well privately as openly divers of the Privy Counsel for shewing and declaring their advices and opinions against his purpose in weighty Affairs
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
said Burgess without any Writ or Warrant had for the same but only as afore Albeit the Lord Chancellor offered there to grant a Writ which they of the Common House refused being in a clear opinion that all Commandments and other Acts proceeding from the Nether House were to be done and executed by their Serjeant without Writ only by shew of his Mace which was his warrant But before the Serjeants return into London the Sheriffs having intelligence how heinously the matter was taken became somewhat more mild so as upon the said second demand they delivered the Prisoner without any denial But the Serjeant having then further in commandment from those of the Nether House charged the said Sheriffs to appear personally on the morrow by eight of the Clock before the Speaker in the Nether House and to bring thither the Clerks of the Compter and such other of their Officers as were parties to the said affray and in like manner to take into his custody the said White which wittingly procured the said Arrest in contempt of the Priviledge of the Parliament Which Commandment being done by the said Serjeant accordingly on the morrow the two Sheriffs with one of the Clerks of the Compter which was the chief occasion of the said affray together with the said White appeared in the Common House where the Speaker charging them with their Contempt and misdemeanour aforesaid they were compelled to make immediate Answer without being admitted to any Councel albeit Sir Ro. Cholmley then Recorder of London and other the Councel of the City there present offered to speak in the Cause which were all put to silence and none suffered to speak but the parties themselves Whereupon in conclusion the said Sheriffs and the same White were committed to the Tower of London and the said Clerk which was the occasion of the Fray to a place there called Little Ease and the Officer of London which did the Arrest called Tailor with four Officers to Newgate where they remained from the 28. until the 31. of March and then they were delivered not without humble suit made by the Mayor of London and other their Friends And forasmuch as the said Ferrers being in Execution upon a Condemnation of Debt and set at large by Priviledge of Parliament was not by Law to be brought again into Execution and so the party without remedy for his Debt as well against him as his principal debtor after long debate of the same by the space of nine or ten days together at last they resolved upon an Act of Parliament to be made and to revive the Execution of the said Debt against the said Welden which was principal debtor and to discharge the said Ferrers But before this came to pass the Common House was divided upon the Question but in the conclusion the Act passed for the said Ferrers who won by 14. Voices The King then being advertized of all this proceeding called immediately before him the Lord Chancellor of England and his Judges with the Speaker of the Parliament and other the gravest persons of the Nether House to whom he declared his opinion to this effect First commending their wisdom in maintaining the Priviledges of their House which he would not have to be infringed in any point alledged that he being Head of the Parliament and attending in his own person upon the Business thereof ought in reason to have Priviledge for Him and all his Servants attending there upon Him so that if the said Ferrers had been no Burgess but only his Servant that in respect thereof he was to have the Priviledge as well as any other For I understand quoth he that you not only for your own persons but also for your necessary Servants even to your Cooks and Horse-keepers enjoy the said Priviledge in as much as my Lord Chancellor here present hath informed us that he being Speaker of the Parliament the Cook of the Temple was Arrested in London and in Execution upon a Statute of the Staple And forasmuch as the said Cook during the Parliament served the Speaker in that Office he was taken out of Execution by the Priviledge of the Parliament And further we be informed by our Judges that we at no time stand so highly in our Estate Royal as in the time of Parliament wherein We as Head and You as Members are conjoyned and knittogether into one Body politick so as whatsoever offence or injury during that time is offered to the meanest Members of the House it is to be judged as done against Our Person and the whole Court of Parliament which Prerogative of the Court is so great as our learned Councel informeth us as all Acts and Processes coming out of any other Inferiour Courts must for the time cease and give place to the Highest And touching the party it was a great presumption in him knowing our Servant to be one of this House and being warned thereof before would nevertheless prosecute this matter out of time and therefore was well worthy to have lost his Debt which I would not wish and therefore do commend your Equity that having lost the same by Law have restored him to the same against him who was his Debtor and this may be a good example to others not to attempt any thing against the Priviledge of this Court but to take the time better Whereupon Sir Edward Mountague then Lord Ch. Justice very gravely declar'd his opinion confirming by divers reasons all the King had said which was assented unto by all the residue none speaking to the contrary The Act indeed passed not the Higher House for the Lords had not time to consider of it by reason of the Dissolution of the Parliament Because this Case hath been diversly reported as is commonly alledged as a President for the Priviledge of the Parliament I have endeavoured my self to learn the truth thereof and to set it forth with the whole circumstances at large according to their instructions who ought best both to know and remember it 4. Ed. VI. Eight years after the Case of Ferrers Withrington having made an Assault upon Brandling Burgess for Newcastle the Parl. being near an end the Com. sent Withring to the Councel Die Jov. 7. Apr. an praedict The Bill for Mr. Brandling's Complaint sent from the Lords of the Privy Councel again to be ordered by this House according to the Antient Custom of this House Whereupon the Bill was read in the presence of Henry Witherington who was sent to the Lords from this place who confest that he began the Fray upon Mr. Brandling whereupon the said Henry is committed to the Tower of London Some few Presidents against such as have wrote Books to the dishonour of the Lords and Commons and Subversion of the Government The Case of Arthur Hall Esq UPon sundry Motions made by divers of this House It was Order'd that Arthur
Pope and in the same manner it was charged the Knights of the Shire and the Commons to assemble in the Chamber depeint to treat conclude and assent amongst them upon the same business and to give their Answer lour assent en dit Parlement 20. In the Parliament 18. E. 3. The King by his Chancellor prayed and charged the Prelates Earls Barons and Commons that they would consider touching the Articles of Truce between the King and France and that they would mettre leid le Conseil give their Aid and Counsel for the Salvation of the Rights and Honour of the King de eux meismes and of themselves 21. Sir Bartholomew Burghurst the Kings Chamberlain declared in Parliament That there was a Treaty of Peace between the King and the French and good hope of a final Accord but the King would not conclude sanz assent des Grantz ses Communs Whereupon the Chamberlain required and demanded on the behalf of the King whether they would assenter accorder to the intended Peace To which the Commons d'unassent d'unaccord Answered that what Issue the King and Grantz should take in the said Treaty should be agreeable to them Upon which Answer the Chamberlain said to the Commons Then you will assent to the Treaty of Peace perpetual if it may be had to which the Commons Answered Entierment unement oil oil yes yes And thereupon it was commanded that Master Michel de Northburgh Gardeyne of the Privy-Seal and Sire John de Swinley Notair Papal should make an Instrument publick thereof 22. Anno 43 E. 3. The Chancellor in his Oration before the King Lords and Commons thus expresseth himself Sires the King in all his great business which concerned himself and his Kingdom de tout temps hath acted and done by the counsel and advice of his Grandz and Commons of his Realm which he hath found in all his Affairs Bons Loyalz good and faithful for which he thanketh them de grant euer volunte and that it was not unknown to them that the King had taken upon him the Claim and Right to the Realm of France per lavis conseil de ses Grantz Communes by the advice and counsel of his great Men and Commons 23. 7 R. 2. The King called a Parliament to consider of a Peace between him his Kingdom Lands Dominions and Subjects ex una parte magnificum principem Robert of Scotland and his Lands Dominions and Subjects of the other part mediante consilio assensu Praelatorum procerum magnatum Communitatis Regni Angliae by the counsel and assent of the Prelates Peers and great Men and Commons of the Kingdom of England I will pass over the rest of the several Authorities in this King's Reign and so of H. 4. except this one 24. In the Parliament 9. H. 4. in that great Record called Indompnitié des Seigneurs Commune◠the King by the advice and assent of the Lords willed granted and declared that in that and all future Parliaments it should be lawful for the Lords to debate and commune amongst themselves de Lestate du Roiaume la remedie a ce busoignable of the state of the Kingdom and the necessary Remedies and it should be lawful likewise for the Commons on their part to commune in the same manner 25. Anno 3 H. 5. The Chancellor at the Re-assembly of the Parliament declares the King being present the causes of their calling which was that Peace had been offered him by his adversary of France the which without the assent and good Counsel of the Estates of his Realm he would not conclude And that the King of the Romans desiring Peace and Vnity in the Church Vniversal and also between the Christian Realms was come over hither with Propositions which he had not yet declared to the King but in a short time would shew them Upon the which the King would take the Advice de son tressage Conseil of his most wise Counsel 26. Anno 4 H. 5. The League and Alliance between the King and Sigismund the Emperour and King of the Romans was ratified and confirmed upon due and solemn Treaty thereof by the common consent and assent of all the Archbishops Bishops Dukes Earls Barons toute autres Estates Espiritualz Temporalz and other Estates Spiritual and Temporal and also of the Commons of this Realm in the said Parliament assembled 27. Anno 9. H. 5. A Peace being concluded between Henry King of England and Charles the French King it was mutually agreed that the Articles thereof be ratified and confirmed per tres Status of both Kingdoms which being approved concluded accepted and allowed of by the three Estates in France videlicet Praelator cleri necnon Procerum Nobilium ac etiam civium Burgensium civitatuum villarum Communitatum dicti Regni The Articles was after mature deliberation confirmed per tres Status Regni Angliae vid per Praelatos clerum nobiles magnates necnon Communitates Regni ad Parliamentum apud West qui quantum ad eos singulos eum pertinet obsequituros impleturos promiserunt 28. Anno 9 H. 6. It was ordained by the Lords Spiritual and Temporal and Commons That the Dukes of Bedford and Gloucester and my Lord Cardinal and others of the Kings Bloud and of his Counsel may treat of Peace with the Dauphin of France notwithstanding the Act formerly made to the contrary which was That the King of England H. 5. or the French King should not enter or make any Treaty of Peace or of Accord with Charles the Dauphin without the assent of the three Estates of both Realms 29 Anno 23. H. 6. Whereas by the Articles of Peace made between H. 5. and Charles the 6 th of France it was agreed there should be no Treaty or Accord made with the Dauphin of France without the assent of the three Estates of both Realms which Articles were afterwards Enacted and Authorized here by Parliament It was Enacted by the assent of the Lords and Commons that that Article should be void eryt cassed adnulled and of none Force and none to be impeacht for advising and acting in the said Peace 30. The Archbishop of Canterbury Chancellor of England declared the causes of the Summons of the Parliament the King present and amongst others that between the Ambassadors of King H. and the French King There was an appointment de personali conventione of a personal meeting between the two Kings in partibus transmarinis which if it should happen ut speratur to provide not only for the safe and secure preservation of the person of the King as well in his Conduct ad dict as partes transmarinas as in his being there but also for the safe and sure conservation of the Peace within the Kingdom and other his Dominions during his absence out of the Realm and
Parliament offers the Commons a Writ to deliver their Burgess but they refuse it as being clear of opinion that all their Commandments Acts were to be done and executed by their Serjeant without Writ The Sheriffs ordered to appear and bring with them the Clerks of the Compter And accordingly they did Who are charged by the Speaker Being not admitted to any Councel The Sheriffs committed to the Tower The Clerk to Little Ease and the Serjeants to Newgate All at last delivered upon the humble suit of the Mayor and other their Friends The King takes notice of the proceedings The King in the presence of the Chancellor Judges with whom he had consulted before of this matter commends and approves the proccedings of the Commons Here the King from the mouth of the Lord Chancellor declares the ancient priviledg of the Commons even for their menial Servants and gives an instance in the Cook of the Temple The King Head and the Lords and Commons Members of the High Court of Parliament in which he stands highest in his Royal Estate The Court of Parliament Nota All Acts and Processes coming out of any inferiour Court must cease and give place to the Highest Sir Edward Mountague Chief Justice of England who we cannot believe to be misconusant of the ancient proceedings in Parliament and of the Priviledge of the House of Commons together with the rest of the Judges by Reasons which wanted not Authorities confirmed what the King had said Journal Dom. Com. 4. Ed. VI. Journ Dom. Com. 14 Eliz. 17 Maii Anno Dom. 1571. Misdemeanors of a Member of the House of Commons for sundry lewd speeches as well in the House as abroad Ordered that those who heard them to put them in writing and deliver them to the Speaker Mond 19 Febr Mr. Hall appears and is cleared Humbly confesseth his folly And is remitted by the House Journal Dom. Comm. Anno 18. Eliz. 16. Feb. A. D 1575. Breach of Priviledge Confederacy and Contempt Friday 18. Feb. Munday 27. Feb. Smalley to be brought to the House by the Mace and not by Writ Tuesday 28. Feb. Smalley brought to the Bar was presently delivered out of Execution Wednesday 7. March post Meridiem Mr. Hall Smalley's Master withdraws Smalley adjudged guilty of a Contempt against the House for fraudulently procuring himself to be arrested Kirtleton in confederacy with him Smalley to be committed to the Tower for his Misdemeanor and Contempt The like Judgment for Kirtleton Both to be brought into the House to receive their Judgements Mr. Hall's privity in the Matter to be referred to a further Debate Saturday 10 March The Speaker pronounced Judgement upon Smalley Saturd 4. Feb. An. 23. Eliz. Journ Dom. Com. Mr. Hall's Charge for writing a Book derogatory to the Authority Power and State of the Commons House of Parliament Mr. Hall ordered to be sent for by the Serjeant at Arms Two Knights Members of the House to assist the Serjeant A Commission to a Committee to send for the Printer and to examine the Matter To report to the House and to take order for Hall's Apprehension And if any Member should see him to stay him and bring him to the House Munday 6 Feb. Mr. Secretary Wilson reports the Examination of Hall's Case from the Committee Hall appears and was called to the Bar where he was charged by the Speaker with his Offence The Printer brought to the Bar. And Shirland who was examined And Wells who was also examined A Committee appointed to examine further the whole Matter M. Hall brought to the Bar again and committed to the Serjeant to attend the Committee Bynnyman Wells and Shirland ordered likewise to attend the Committee Dalton also ordered to attend Tuesd. 14 Feb. Another Report from the Committee against Hall of new Contempts and Crimes added to his former Mr. Hall chargeth the House with Injustice Nota. The Printer brought to the Bar again and re-examined Mr. Hall at the Bar and recharged by Mr. Speaker Submits refuseth to answer acknowledgeth his Error prays pardon and is sequestred Sundry motions for a proportionable punishment Resolved nemine contradicente Hall to be committed to Prison And that Prison to be the Tower There to remain for six months And from thence till he made a retractation of his Book To be fined to the Queen And that Fine to be 500 Marks To be severed and cut off from being a Member of the House And the Speaker to issue a Warrant for a new Writ His Book and slanderous Libel to be adjudged utterly false and erroneous And that to be publickly testified and affirmed by Order of the House Hall brought to the Bar to receive his Judgment which Mr. Speaker delivered accordingly The Proceedings against Hall drawn up read and agreed to by the House Rot. Pat. 48 H. 3. m. 6. dorso Forma pacis inter Regem Barones The Articles of Peace à Domino Rege Domino Edwardo Praelatis Proceribus omnibus Communitate tota regni Angliae communiter concorditer approbat were sealed by the Bishops of Lincoln and Ely Earl of Norf. Earl of Oxon. Humphrey Bohun William de Monte Canisio Major London in Parliamento London mense Junii Anno Dom. 1264. de consensu voluntate praecepto Domini Regis necnon Praelatorum Baronum ac etiam Communitatis tunc ibidem praesentium And not only so but that Record tells us Quod quaedam ordinatio facta in Parliamento London habito circa festum Nativitatis Sancti Johannis Baptistae prox ' praeteritum pro pace Regni conservanda Pultons Stat. 24 H. 8. c. 12. It is unanimously declared adjudged and confirmed That the King his noble Progenitors and the Nobility and Commons of the said Realm at divers and sundry Parliaments as well in the time of King E. 1. R. 2. H. 4. and other noble Kings of this Realm made sundry Ordinances Laws Statutes and Provisions for the entire and sure conservation of the Prerogative Liberties and Preheminences of the said Imperial Crown of this Realm and of the Jurisdiction Spiritual and Temporal of the same to keep it from the annoyance as well from the See of Rome as from the Authority of other Foreign Potentates attempting the diminution and violation thereof as often and from time to time as any such annoyance and attempt might be known or espied Ex vetusto MS. Staeturorum penes Johan ' Peachy de Interior ' Templo Armig. King Edw. 2. and the whole Parliament in the 15. year of his Reign when the Ordinances which had been made before that time by certain Prelates Earls and Barons by the consent of that King la Comunante de la terre were repealed because in many things they restrained the Power Royal too much yet in the Act of Repeal there is a salvo semper jure Regni sive Parliamenti for they unanimously agree and provide Mes les choses que sont establer pur le
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
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
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
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
Praesides atque Ministri manibus tenacibus oculis impudicis effrenata libidine lapideis cordibus ficta gravitate lingua melliflua sed dentibus virulentis breviter auri insatiabili fame Cardan libro de utilitate ex adversis capienda Cap. de Temporum Magistratuum pravitate p. 649. Journ Dom. Com. 19 Jac. Sir Robert Floid's Case Turned out for being a Monopolist Journ Dom. Com. 3 Car. 1. Mr. John Barbour's Case The Order of the Commons against Barbour Journ Dom. Com. 4 E. 6. Criketost's Case Journ Dom. Com. 1 Jac. Complaint that a Yeoman of the Guard who kept the door of the Lobby of the Upper House against several of the Members of the House of Commons 22 Marti 1603 Tash brought to the Bar submits and is pardoned paying Fees Journ Dom. Com. 18. Jac. Sir Francis Mitchell's Case Committed to the Tower Carried on foot through London-streets After impeached by the Commons before the Lords Journ Dom. Proc. 18 Jac. The Lords send to the Commons That they are ready to give Judgment against Mitchell if they would come and demand it The Commons by their Speaker demand Judgment against Sir Francis Mitchell The Lord Chief Justice pronounceth the Judgment The Judgment of the Lords against Sir Francis Mitchell There was a Clause in Patents of Monopolies whereby power was given to imprison and hundreds were committed by colour thereof to Finsbury Gaol and the Fleet. Journ Dom. Proc. 18 Jac. Fowles Geldard and others committed Journ Dom. Com. 20 Jac. Dr. Harris's Case To recant in the Pulpit Journ Dom. Com. 3 Car. 1. Mr. Burgesse a Minister his Case Journ Dom. Com. The Case of Sir William Wray M. Langton Mr. John Trelawnie and Mr. Edward Trelawnie The Judgment of the Commons The Commons House of Parliament adjudge them To make submission in the Countrey at the Assizes Journ Dom. Com. 3. Car. 1. Levet for executing a Patent in time of Prorogation which was adjudged a Grievance by the House in the last Session ordered to be sent for by the Serjeant at Arms. Journ Dom. Com. 4. Car. 1. The Parliament prorogued Journ Dom. Com. 4 Car. 1. The Officers of the Custom-house Journ Dom. Com. 4 Car. 1. The Case of Acton Sheriff of London for contempt in prevaricating in his Testimony Ordered to be sent for Tuesd. 10 Feb. Appears and called to the Bar. His Crime with others aggravated Sentenced to the Tower Journ Dom. Com. 4 Car. 26 Jan. The Case of Lewis Journ Dom. Com. 18 Jac. The Case of the Mayor of Winchelsey Judgment against the Mayor Journ Dom. Com. 20 Jac. The Case of the Mayor of Arundel for Misdemeanour Judgment To pay the Charge to be set down by 3 Members Jouâ—n Dom. Com 21 Jac. The Case of Ingry the under Sheriff of Cambridgeshire Judgment To make a submission at the Sessions Journ Dom. Com. 3 4 Car. 1. Tuesd. Apr. 29. The Case of the Sheriffs of York and others touching the Election of Sir Thomas Savile Nota. Nota. Nota. Sir Robert Philips The Sheriff to pay the charges of the Witnesses to be set down by four Witnesses Committment of Davenport to the Tower for misinforming the House of Commons as a Witness Anno primo Regis Jacobi Num. 42. penes Joh. Brown Ar. Cler. Parliamentor Nota. Anno 3 Car. 1. Pult. Stat. fol. 1433. 34 E. 1. No Tallage or Aid to be laid or levied without Authority of Parliament 1 E. 3. 6. 11 R. 2. 9. 1 R. 3. 2. 9 H. 3. 29. 28 E. 3. 3. 37 E. 3. 18. 38 E 3. 8. 42 E. 3. 3. 17 R. 2. 6. Quartering Souldiers against Law 25 E. 3. 9. 9 H. 3. 29. 25 E. 3. â—4 28 E. 3. â—3 Nota. Martial Law in time of Peace against the Laws and Statutes of England Nota. Nota. Here the good King condemns the Law and Doctrine of Dr. Cowell Blackwood Manwaring Fulbeck Sibthorpe Alablaster Filmer and their Transcribers and Disciples Journ Dom. Com. Parl. 1 Jac. Mercurii 23 Maii A. D. 1603 A Bill is delivered to the Speaker going to the House purporting a Declaration of Treason by a Magistrate of the Land who Gives an Account of it to the House Who forbear to read it at that time The King sends for the Bill The House expected an Accompt thereof from Mr. Speaker and after demands it Questions handled thereupon To cease with a caution care of the priviledge of the House To be Registred as the Judgment of the House that no Speaker should deliver a Bill whereof the House was possessed without leave The Speakers excuse Motions by several Members No Bill of which the House is possessed to be delivered without notice and leave of the House Jur. Dom. Com. Die venris 27. February 4 Jac. A. D. 1606. A Message from the King The Union of England and Scotland That the Writ called them to Consul de arduis Regi Their attendance a great duty Departure a greater contempt than a Noblemans Adviseth no Lawyer or other of Note to depart Would assist the House for their stay or recalling Motions and Debates upon the Message Mr. Speaker's motions Others move 3 Questions made 1 Question 2 Question 3 Question Resolves Order Veneris 27. February The Union of England and Scotland Die Martis 3. Martii Mr. Hide departs without License and is sent for Resolved that other Letters be writ to other Members who were Lawyers The form of the Letter Jurn Dom. Com. 27. Jac. Vereris 27. Maii. Order that a Committee take into consideration misinformations given to the King concerning the proceedings of the House of Commons Jour Par. Dom. Com. 18. 19. Jac. 15. Martii The Case of Dr. Lamley Chancellor to the Bishop of Peterburrough and Dr. Cradock a Divine Chancellor to the Bishop of Durham Dr. Lamely accused for Extortion and other Misdemeanours Dr. Cradock accused for Briberies and other Misdemeanours Kelway Fo. 184. Rastall's Stat. 8 H. 6. c. 1. Journ Dom. Com. 19 Jac. Sabbathi 2 die Junii Confirmation of the Order concerning all Patents adjudged Grievances Journ Dom. Com. Lunae 26 Martii Concerning all Patents adjudged Grievance Journ Dom. Com. Sabbathi 17 Martii Order pro Churchill March 21. Sr. Robert Phillip's Reports from the Committee appointed to examine Keeling and Churchill who informed them of many Corruptions against the Lord Chancellor April 25. A Committee for regulating the Chancery and to consider of Churchill's false Orders and the Faults of the rest of the Registers Sir Dudley Diggs saith that Churchill was Register Councellor and Judge referred to the Committee Anno 19 Jac. A Copy of the Petition remaining with William Goulds borough Esq Clerk of the House of Commons The Complaint of the Mayor Bayliffs and Burgesses of Northampton against Dr. Lamb Chancellor to the Bishop of Peterborough Nota est Cyclopum vivendi ratio quibus illa crudelis vox in Tragoedia attribuitur non ulla Numina expavesco Coelitum sed victimas uni deorum maximo ventri offero
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