Body as the Upper House was for their Privileges Customs and Orders which continual and common Usage hath approved of As to their Charge of having used Precipitancy and Rashness they answered That they used it in such a Manner as in all other Cases they were wont to do scilicet To have first a Motion of the Matter in Controversy and then they caused the Clerk of the Crown to bring the second Day the Writs and Returns and they being thrice read they proceed to the Examination of them and upon Examination gave Judgment which was the true proper Course of the Place As to the House's not having used the King well the Thing being done by his Command they say That they had no Notice before their Sentence that the King himself took any special Regard of that Case but only that his Officer the Chancellor had directed his second Writ as formerly had been done As to the Matter of the Outlawry they said That they understand by his Royal Person more Strength and Light of Reason from it than ever before and yet it was without Example That any Member of the House was put out of the House for any such Cause but to prevent that they had prepared a Law That no outlawed Person for the Time to come should be of the Parliament nor any Person in Execution should have the Privilege of Parliament But they said further That Sir Francis Goodwyn was not outlawed at the Day of his Election for he was not Quinto Exactus the five Proclamations never had been made which Proclamations they in London always spare except the Party or any for him require it and that Exigent was never returned nor any Writ of Certiorari directed to the Coroners to certify it but after his Election which was a Thing unusual the Money being paid and the Sheriffs being long since dead to disenable the said Goodwyn to serve in Parliament that the Exigent was returned and the Names of the deceased Sheriffs put thereto Et ex hoc fuit without doubt that Goodwyn could not have a Scire Facias for there was no Outlawry against him and by Consequence the Pardons had discharged him And they farther shewed to the King That if the Chancellor only could examine Returns then upon every Surmise whether it were true or false the Chancellor might send a second Writ and cause a new Election to be made and thus the free Election of the County should be abrogated which would be too dangerous to the Commonwealth For by such Means the King and his Council might make any Man whom they would to be of the Parliament-House against the Great Charter and the Liberties of England It is found among the Precedents of Queen Elizabeth's Reign Rush 3 vol. pag. 591. on whose Times all good Men look with Reverence that She committed one Wentworth a Member of the House of Commons to the Tower sitting the House only for proposing That they might advise the Queen in a Matter which she thought they had nothing to do to meddle in Quere If not in advising her to marry This notorious Infringement of their Liberties and Privileges See Sir Matthew Hâ—â—'s of Parliament pag. 206 216 217.218 c. in the latter End of Queen Elizabeth seems to be what the Commons complained of and mention in that famed Remonstrance or Declaration of their Privileges printed and directed to King James the First in the Beginning of his Reign viz. Anno Dom. 1604. Wherein they tell that King That they bore with some Things in the latter Times of Queen Elizabeth in regard of her Sex and her Age and not to impeach his Majesty's Succession under whom they then hoped to have them redressed and rectified Whereas on the contrary in that very first Parliament of his Majesty they found That the whole Freedom of the Parliament and Realm had been on all Occasions mainly hewed at As That the Freedom of their Persons in Election had been impeached The Freedom of their Speech prejudiced by often open Reproofs That particular Persons Members who had spoken their Consciences in Matters proposed to the House noted with Disgrace c. That a Goaler had contemned the Decrees and Orders of the House Some of the higher Clergy to write Books against them even fitting in Parliament The inferior Clergy to inveigh against them in their Pulpits c. After which they roundly assert That the Prerogative of Princes may easily See the Force of a Precedent once fixed in the Crown 2 Inst 61. Houâ—â—shead 1 Tom. pag 135. and do daily grow and increase But the Privileges of Subjects are for the most Part at an everlasting Stand They may by good Providence and Care be preserved but being once lost are not to be recovered but with much Disquiet and Disorder Vide ibid. plura To conclude this Treatise as I begun it give me leave to add There is nothing ought to be so dear to the Commons of Great Britain as a Free Parliament that is a House of Commons every Way free and independent either of the Lords or Ministry or c. Free in their Persons Free in their Estates Free in their Elections Free in their Returns Free in their assembling Free in their Speechs Debates and Determinations Free to complain of Offenders Free in their Prosecutions for Offences and therein Free from the Fear or Influence of others how great soever Free to guard against the Incroachments of arbitrary Power Free to preserve the Liberties and Properties of the Subject and yet Free to part with a Share of those Properties when necessary for the Service of the Publick Nor can he be justly esteem'd a Representative of the People of Britain who does not sincerely endeavour to defend their just Rights and Liberties against all Invasions whatsoever See further touching the Rights and Duties of Parliaments in Rapin's History Vol. II. Book XXII especially Page 583 and 595. Sed quae sunt Jura si non Libere Fruantur FINIS Books lately Printed MODERN Entries in English Being a select Collection of Pleadings in the Courts of King's-Bench Common-Pleas and Exchequer viz. Declarations Pleas in Abatement and in Bar Replications Rejoinders c. Demurrers Issues Verdicts Judgments Forms of Continuances Discontinuances and other Entries and of entering Judgments c. in all personal Actions and also all Kinds of Writs Original and Judicial Translated from the most authentick Books but cheifly from Lutwich's Saunders's Ventris's Salkeld's and the Modern Reports and from other Cases lately try'd and adjudg'd and wherein Writs of Error have been brought and Judgments affirm'd Together with Readings and Observations on the several Cases in the Reports as well relating to the Precedents herein as to all other Cases incident to each particular Title and the same abridg'd in a methodical Order To which are added References to all the other Entries in the Books with three distinct Tables one of the Precedents the second of the Cases abridg'd and the third of the Names of the Cases By a Gentlman of the Inner-Temple The Law of Uses and Trusts collected and digested in a proper Order from the Reports of adjudged Cases in the Courts of Law and Equity and other Books of Authority Together with a Treatise of Dower To which is added A compleat Table of all the Matters therein contained And The Law and Practice of Ejectments Being a compendious Treatise of the Common and Statute Law relating thereto To which is added Select Precedents of Pleas special Verdicts Judgments Executions and Proceedings in Error with two distinct Tables to the Whole The Second Edition carefully corrected and revised by the Author The Attorney's Pocket Companion Or A Guide to the Practisers of the Law In two Parts Being a Translation of Law Proceedings in the Courts of King's-Bench and Common-Pleas Containing a Collection of the common Forms beginning with the Original and ending with the Judicial Process Together with an historical as well as practical Treatise on Ejectment To which is also added The Law and Practise of Fines and Recoveies and several other Precedents with some Remarks on the Forms of the Habeas Corpora and Jurata now in Use In two Vols
Lex Parliamentaria OR A TREATISE OF THE LAW and CUSTOM OF PARLIAMENTS Just Published Parliamentary and Political TRACTS written by Sir ROBERT ATKINS Knight of the Bath and late one of the Judges of the Court of Common-Pleas Containing I. THE Power Jurisdiction and Privilege of Parliament and the Antiquity of the House of Commons asserted Occasioned by an Information in the King's-Bench by the Atorney-General against the Speaker of the House of Commons II. An Argument in the great Case concerning Election of Members to Parliament between Sir Samuel Barnardiston Plantiff and Sir William Soame Sheriff of Suffolk Defendant in the Court of King's-Bench in an Action upon the Case and afterwards by Error sued in the Exchequer-Chamber III. An Enquiry into the Power of dispensing with Penal Statutes Together with some Animadversions upon a Book writ by Sir Edward Herbert Lord Chief Justice of the Court of Common-Pleas intitled A short Account of the Authorities in Law upon which Judgment was given in Sir Edward Hale's Case IV. A Discourse concerning the Ecclesiastical Jurisdiction in the Realm of England V. A Defence of the late Lord Russels's Innocency by way of Answer or Confutation of a Libellous Pamphet intitled An Antidote against Poison with two Letters of the Author of this Book upon the Subject of his Lordship's Tryal VI. The Lord Russel's Innocence further defended by way of Reply to an Answer intitled The Magistracy and Government of England vindicated VII The Lord Cheif Baron Atkins's Speech to Sir William Ashurst Lord Mayor Elect of the City of London at the Time of his being sworn in their Majesties Court of Exchequer Lex Parliamentaria OR A TREATISE OF THE LAW and CUSTOM OF PARLIAMENTS Shewing their Antiquity Names Kinds and Qualities Of the three Estates and of the Dignity and Excellency of Parliaments their Power and Authority Of the Election of Members of the House of Commons in general their Privilege Qualifications and Duties Of the Electors and their Rights Duties and Manner of Elections Of the Returns to Parliament the Sheriff's and other Officers Duty therein Of the Manner of Election of the Speaker and of his Business and Duty Of the Manner of passing Bills and the Orders to be observed in the House of Commons Of Sessions of Parliament as also of Prorogations and Adjournments Together with the proper Laws and Customs of Parliaments With an APPENDIX of a Case in Parliament between Sir Francis Goodwyn and Sir John Fortescue for the Knights Place for the County of Bucks 1 Jac. I. The SECOND EDITION with Large Additions LONDON Printed for J. STAGG in Westminster-Hall THE PREFACE IT must be confessed that Lex Parliamentaria or Parliamentary Law cannot be meant or intended to signify any Prescription or Application of Laws to that Power which in itself is boundless and unlimited This Collection therefore only shews what Parliaments have done and not what they may or ought to do The Parliament alone can judge of such Matters as concern their own Rights Authorities or Privileges And yet seeing the Phrase Parliamentary Law or Law of Parliaments has for some Ages past obtained Lord Coke Sir Matth. Hales's c. and that too among Authors of great Name I hope the present or any future Parliament will not censure me for a Word misapplied or for endeavouring to illustrate that Authority which is improperly denominated Parliamentary Law The Parliament itself is no doubt properly to be stiled The fundamental Law and Constitution of this Kingdom as it comprehends all Legal Powers whatsoever But as God and Nature influenced the Voice and Desires of the People to this Form of Government by Parliaments so it must be confessed that the same supream Power also influenced their Voices and Desires to establish this Parliamentary Government for the Safety and Preservation of the Governed and thereby constituted the Salus Populi to be the supream Law to whose Support all other Laws Powers and Authorities ought to tend 'Tis for this End Kings are created and for this End Parliaments assemble that so the Polity and Government of the Nation may be administered with Honour and with Safety for the Good of the whole Community Nor can it be denied but that Parliaments in former Times esteem'd it as their most incumbent temporal Duty to oversee recognize and resirain within the Bounds of Law the Commands and Acts of Kings and to take care that that great and honourable Trust reposed in the Hands of the Prince for the Good of the People might be rightly and duly administered and not perverted or abused to the Invasion of their Rights or the Subversion of the Constitution Brac p. 34 Flet p. 2.17 vide hic p. 89. 'Twas the Sense of this Duty of Parliaments induced both Bracton an eminent Judge under King Henry III. and Fleta a learned Lawyer in King Edward I's Time to record this great Duty of Parliaments to succeeding Ages And from this very Motive it was See the Preface to Privilegia Londini p. 6 7. that our antient Parliaments were so cautious as to oblige our Kings to swear at their Coronations Concedere justas Leges quas vulgus elegerit That they would grant such just Laws as the common People should choose See this Oath admirably well explained in Sadler's Rights of the Kingdom Page 71 88 91. c. From all which and much more that may be added I think it clearly appears That both Kings and Parliaments Lords and Commons and all Laws of Government whatsoever were in their first Intention instituted and ordained for the sole Good and Benefit of the People And where-ever all or any of them are perverted from that View they loose the Nature of their first Intention and ought to receive a contrary Denomination And from the foregoing Particulars I at present apprehend that the Lex Parliamentaria or Fundamental Law of Government in this Nation was not originally founded on any Capitulation or Compact between the King and the People as is usually done in Contracts of Bargains and Sales or other Purchases For that would infer a separate Interest between Prince and People But who will say that a British Monarch can by Law have a distinct Interest from his People Also the mutual Obligation that is established between the Prince and People by the Laws of this Kingdom have laid an unsurmountable Bar against any such Capitulation or contracting Project For by the original and inherent Nature of our Government there is such amutual Relation and political Connection created between the King and his People as in that natural Relation and Connection between the Head and the Members of the Body so that in neither Instance can the Head say to the Members I have no need of you c. This mutual Relation between Prince and People seems to have been interwoven in the fundamental Being and impressed in the very Heart of our Constitution c. The Publisher here thinks fit to declare That this Book has
Duke of Somerset in the Time of Ed. 6. was tried for Felony and Treason by his Peers upon an Indictment Id. 71. for it is the Suit of the King When a Lord of Parliament is tried by his Peers 1 Hen. 4.1 Id. 72. they shall not be Sworn to say their Verdict but they shall give their Verdict upon their Honour and are not charged but upon their Honours And 6 Maij 1628. Sir Wm. Jones's Rep. 154 155. It was ordered on the Question Nem. Dissen That the Nobility of this Kingdom and Lords of the upper House of Parliament are of antient Right to Answer in all Courts as Defendants upon Protestation of Honour only and not upon the common Oath An order of the House of Lords was in 1640. Cursus Cancel 112. That the Nobility of this Kingdom and Lords of the upper House of Parliament and the Widows and Dowagers of the Temporal Lords shall Answer in Chancery c. upon Protestation of Honour only but altho their Honour may bind their Conscience in Equity yet Evidence upon their Honour ought not to be admitted in any Court of Law And we must here Note That even Lords of Parliament or Peers of the Realm in giving Evidence to a Jury or in their Depositions in Chancery c. are to be Examined on Oath A Lord of Parliament shall have Knights upon his Trial in every Action 27 Hen. 8. f. 27. A Lord of Parliament may be Outlawed for Murder 27 Hen. 8. f. 17. If a Lord of Parliament makes a Rescous 27 H. 8.27 a Capias shall be taken out against him if the Sheriff return the Rescous otherwise it is in Case of Debt A Capias ad Satisfaciendum does not lyc against a Lord of Parliament 11 H. 4.15 27 Hen. 8.27 for the Law presumes that he has Assets An Attachment is not grantable by the Common Law Dyer 316. Statue Law Custom or Precedent against a Lord of Parliament and the Lord Cromwel by Order in the Parliament-Chamber was discharged of such Process In a Praemunire against a Lord of Parliament Arc. Parl. he ought to appear in his proper Person and not by Attorney unless he has a special Writ of Chancery De attornato faciendo CHAP. V. The Power of the House of Lords A Peer of the Realm being Indicted of Treason or Felony 4 Inst 23. or Misprision of Treason may be Arraigned thereof in Parliament a Lord Steward being appointed and then the Lords Spiritual shall make a Procurator for them and the Lords as Peers of the Realm during the Parliament are Judges whether the Offence be Treason c. that is supposed to be committed by any Peer of the Realm and not the Justices Vide a Letter sent by nine Lords Rush Col. 3. Stat. vol. 1. f. 737. Ant. 42. to the Parliament June 4 1642 who had gone from their House and repaired to the King at York wherein they say We do conceive that it is the apparent usual and inherent Right belonging to the Peerage of England that in the highest Misdemeanour whatsoever no Peer is to Answer to the first Charge but in his Place in his own Person and not upon the first Charge to come to the Barr. In 1553. primo Mariae Burn. His Ref. vol. 2. p. 253. The Bill of Tonnage and Poundage was sent up to the Lords who sent it down to the Commons to be reformed in two Provisoes that were not according to former Precedents How far this was contrary to the Rights of the Commons who now say that the Lords cannot alter a Bill of Money I am not able to determine Die Mercurij 25 Novembris 1692. It is Resolved upon the Question by the Lords Spiritual and Temporal that for the future when there shall be a Devision in the House upon any Question the Contents shall goe below the Barr and the Not Contents stay within the Barr And it is Ordered that this Resolution be added to the Roll of standing Orders of this House Die Lune 7. Decembris 1691. It is Ordered by the Lords Spiritual and Temporal in Parliament Assembled that for the future upon giving Judgment in any Cases of Appeals or Writs of Error in this House the Question shall be put for Reversing and not for Affirming And that this be added to the Roll of standing Orders 30. Jan. 1640. Rush Col. 3. part vol. 1 p. 165. Upon a Debate in the Lord's House touching the Power of conveying away of Honour it was Nemine contradicente Resolved upon the Question that no Person that hath any Honour in him as a Peer of this Realm may alien and transfer the same to any other Person See Sir B. Shower's Cases in Parliament 1.2 c. See many notable Judgments by the Lords at the Prosecution of the Commons Rush Col. passim Nalson and in later Times Error serra sue in Parliament Vid. Crom. 18. Error Vid. infra Parliament poet prendre Recognizance Brook 137. Error Error shall be sued in Parliament and the Parliament may take a Recognizance If a Judgment be given in the King's Bench 4. Inst 21. either upon a Writ of Error or otherwise the Party grieved may upon a Petition of Right made to the King in English or in French and his Answer thereto Fiat Jusstitia let Justice be done have a Writ of Error directed to the Chief Justice of the King's Bench for removing of the Record in praesens Parliamentum c. And hence it may be presum'd that Writs of Error in Parliament were originally Returnable before the Commons as well as the Lords See Yelverton's Rights of the Commons and Hales of Parliaments p. 18. to 23. When one sueth in Parliament to Reverse a Judgment in the King's Bench he sheweth in his Bill which he exhibiteth to the Parliament some Error or Errors whereupon he prayeth a Scire Facias Id. 22. The Proceeding upon the Writ of Error is only before the Lords in the Upper House Secundum Legem Consuetudinem Parliamenti The Case between Smith and Busby in a Writ or Error Resolved 2 Nalson 716. 'twas decidable in no other Court but in Parliament If any Question be moved in Parliament for Priviledge 4 Inst 363 or Precedency of any Lord of Parliament it is to be decided by the Lords of Parliament in the House of Lords as all Priviledges and other Matters concerning the Lords House of Parliament are November 1641. 2 Nalson 625. Resolved by the House Nemine contradicente that it belongs to the House of Peers by the antient Laws and Constitutions of this Kingdom to interpret Acts of Parliament in Time of Parliament in any Cause that shall be brought before them Julij 12. 1641. 2. Nalson 381. An order of the Lords for Relief of a Feme-Covert and her Children against a Husband refusing to Cohabit The Sentence pronounced by the Lords upon Sir Giles Mompesson Rushw Col. 27.28 and Sir Fracis Michel for Projectors Upon Complaints and Accusations of the Commons Selden's Judicature
was disabled for ever to serve in Parliament Quere post 141.146 17 Dec. 1584. 27 Eliz. Id. 76. Vide Sir Simon d'Ewes Jour 340.341 342. A Bill against Jesuits and Seminary Priests pass'd upon the Question Dr. Parry only gave a Negative and after inveighed in violent Speeches against the whole Bill affirming it to savour of Treason to be full of Blood Danger Despair and Terror or Dread to the English Subjects of this Realm our Brethren Uncles and Kinsfolks Upon which he was sequestred from the House into the outer Room into the Hands of the Serjeant and not to confer with any while the House was in Debate of that Business Afterward he was brought to the Bar and there kneeling he was told by the Speaker If he thought fit the House was content to hear his Reasons but he refusing was committed to the Serjeant's Ward The next Day he was brought to the Bar and kneeling confessed he had unduly behaved himself and had rashly and unadvisedly uttered those Speeches he had used and was with all his Heart very sorry for it alledging withal he had never been of the House till that Session and so could not so well know the Orders of the House as he shou'd do and that he would not henceforth willingly offend the House nor any one Man in it and so humbly prayed their good Favour toward him Whereupon being again sequestred out of the House after some Arguments and Debates it was resolved upon this Acknowledgement of his Fault and his humble Submission he shou'd be received into this House again as a Member thereof and take his Place as before so that he would still afterward behave himself in good sort as he ought to do and thereupon being call'd again to the Bar and there Kneeling and directly reiterating his former Confession of his Fault and humble Submission with promise of better Demeanor he was admitted 18 Febr. 1584. Sir Simon d'Ewes Jour 352. Col. 2 27 Eliz. Upon a Motion by Mr. Diggs That the same Dr. Parry a late unworthy Member of this House and now Prisoner in the Tower hath since his Submission and Reconcilement so mis-behaved himself as deserveeth the said Imprisonment Resolved by the House That he be disabled to be any longer a Member of this House and that a Warrant be directed for choosing another Burgess in his stead 18 Jac. 1. Sir Giles Mompesson for being a Vid. Post Conysby's Case Monopolist and for other great and insufferable Crimes by him Committed to the Abuse of his Majesty and grievous Oppression of the Subjects was turn'd out of the House committed to the Tower and after Impeached before the Lords who gave Judgment upon him 1. Petyt's Miscel Par. 91 92 To be degraded of the Order of Knighthood 2. To stand perpetually in the degree of a Person Out-lawed for Misdemeanors and Trespasses 3. His Testimony never to be received in any Court nor to be of any Inquisition or Jury 4. To be excepted out of all General Pardons 5. That he should be Imprisoned during his Life 6. Not to approach within twelve Miles of the Courts of the King or Prince nor at the King's High Court usually held at Westminster 7. That the King should have the profits of his Land for Life and all his Goods and Chattels 8. That he should be fined at 10,000 l. 9. He was also disabled to hold or receive any Office under the King or for the Common-wealth 10. And lastly Ever to be held an infamous Person 19 Jac. 1. Sir John Bennet Id. 92. for receiving Bribes c. Ordered by the Commons House to be safely kept by the Sheriffs of London to be put out and no longer continue a Member of the House and a Warrant for a Writ for a new choice In the same Parliament Id. 93. Sir Robert Floyd for being a Projector of a Patent for a Monopoly resolved una voce That he was a Person unworthy to continue a Member of this House and adjudged presently to be put out 3 Car. 1. Id. 94 95. Mr. John Barbour Recorder of Wells for subscribing a Warrant for the Quartering of Soldiers suspended the House and sequestred till the Pleasure of the House be known 13 Febr. 1606. Id. 77 78.79 Upon a Report made in the House of the Remembrances formerly set down of the Particulars of a Conserence the Speaker offering to read the Paper and being interrupted by some Motions and Disputes Whether they shou'd be read one by one and so debated or all at once In that Difference one of the Knights for Bucking hamshire with a loud Voice not standing up Bare-Headed as the Order is pressed to have them Read The House observing his earnestness and manner of Sitting and Calling for Order's sake urged him to stand up and speak He stood up and pretending to offer some Reasons fell into an Invictive against the Scots much distasting the House yet out of a common Care to expedite the weighty Business then in Hand his Speech was neglected without Tax or Censure But on Monday following it was remembred and his Words of Offence recited in particular The Gentleman being absent was sent for by the Serjeant The Serjeant having brought the Offender it was moved he might be heard at the Bar which was assented to and after he had spoken he was commanded to retire and not long after was call'd in again to the Bar where Kneeling Mr. Speaker acquainted him Since the Offence was so apparently heinous the House did not hold it fit that any Particulars shou'd be named or to give any Reason of their Judgment but the Order was That he shou'd be carry'd to the Prison of the Tower and there remain during the Pleasure of the House and that he shou'd be dimiss'd from his Place of Knight of the Shire for Bucks and a new Writ to issue for a new Choice 15 Febr. 18 Jac. 1. Id. 79. A Bill being read the second Time for the better Observation of the Sabbath one of the Members made an Invective against it and something which seem'd to reflect on a Member of the House who presented it as favouring a Puritan and factious Spirit Exceptions were taken at the Words After he had explained himself he was ordered o withdraw out of the House and Debate being had he was call'd to the Bar and upon his Knees he received the Judgment of the House pronounced by the Speaker That he should be discharged from the Service of the House with an Intimation that his Judgment was very merciful for that the House might for so exorbitant an Offence have Imprison'd and further punish'd him 3 Apr. 1604. Id. 80. In a Debate upon a Bill a Member of the House utter'd some Speeches highly distasting the House but no Notice was taken of it till the Bill was Committed and then the Words being repeated he was call'd to the Bar where he made his Excuse and was Pardon'd 26 Apr. 1641. Ibid. Great Offence was taken by
an Information exhibited against him in the Star-Chamber by the Earl of Huntington And Order was entered as the Act of that House 43 Eliz. 601. That he ought not to be molested in that Manner 10 Feb. 4 Car. 1. Rush Col. 653. Vid. Petyt 's Miscel Parl. p. 107. Whilst the House was in Debate the Warehouse of Mr. Rolls Merchant and Member of the House then sitting in Parliament was locked up by a Pursuivant and himself called from the Committee and served with a Subpoena This gave Occasion of smart Debates in the House Id. 654. After which the Attorney General writ a Letter That the serving a Subpoena was a Mistake and prayed a favourable Interpretation Resolved That Mr. Rolls Rosh Col. 659. a Member of the House ought to have Privilege of Person and Goods 16 Feb. 5. Memorials of the Method of Proceedings in Parliament 97. Vid. Sir Simon d'Ewe's Jour 85. Col. 1. Eliz. Robert Parker Servant to Sir William Woodhouse Knight for Norfolk being attached in London at the Suit of one Baker in Trespass had a Warrant of Privilege notwithstanding Judgment given against him for four hundred Marks 20 Febr. 18 Eliz. 1575. Ibid. Vide Sir Simon d'Ewe's Jour 251. Col. 1. Upon the Question and also upon Division of the House Edward Smaley Servant to Arthur Hall Esq one of the Burgesses for Grantham being arrested upon an Execution had Privilege 16 Dec. 44 Eliz. Anthony Curwen Ibid. Vid. Sir Simon d'Ewe's Jour 680. Col. 1. Servant to William Huddleston Esq one of the Knights of Cumberland being arrested upon a Capias ad Satisfaciendum out of the Common Pleas for six Pounds Debt and forty Shillings Damages and detained in Execution a Supersedeas was awarded and he was delivered And the House awarded the Officer that arrested him should be discharged Towns Col. 326. Vid. Sir Simon d'Ewe's Jour 680. Col. 1 686. Col. 1. paying his Fees and that Matthews should pay them and also his own Fees and remain three Days in the Serjeant's Custody for procuring the Arrest 11 Maii 19 Jac. 1. Memorials c. p. 98. The Under-Sheriff of Middlesex was called to the Bar for causing Alexander Melling Servant to the Chancellor of the Dutchy to be arrested He denied he knew him to be his Servant Mr. Speaker let him know the House had ordered him to have Privilege and therefore ordereth the Under-Sheriff to discharge him 1 Jac. 1. Sess 2. Ibid. Sir Edward Sandys moveth a Breach of Privilege by Sir Robert Leigh a Justice of the Peace for committing his Coach-Man to Newgate Sir Robert Leigh was sent for by the Serjeant and an Habeas Corpus for the Prisoner Sir Robert Leigh being brought to the Bar acknowledged his Fault and was discharged and so was the Prisoner 3 Martii Ibid. 1606. Valentine Syre Servant and Bag-Bearer to the Clerk of the Commons House being arrested upon an Execution was by Order and Judgment of the House enlarged 7 Sept. 1601. Id. 99. Vid. Towns Col. 196 206 210 Vide Sir Simon d'Ewe's Jour 629. Col. 1. Woodal Servant of William Cook Esq a Member of the House being arrested and in Prison in Newgate the Serjeant at Arms was presently sent to Newgate to bring him to the House sedente Curiâ And being brought to the Bar with his Keeper was discharged from his said Keeper and from his Imprisonment 1 Julii Memorials 99. 1607. John Pasmore the Marshal's Man being sent for and brought to the Bar for arresting John Jessop Waterman Servant to Sir Henry Nevil a Member of the House He denied that he knew he was Sir Henry's Servant until afterward notwithstanding he took an Assumpsit from him to answer the Action The House thought fit to commit him to the Serjeant till the House's Pleasure were further known and till he had discharged the Assumpsit and paid the Fees 17 Junii 1609. Ibid. Upon a Report from the Committee for Privileges That a menial Servant of Sir Robert Wroth was arrested eight Days before this Session the Serjeant was sent for the Prisoner and the Serjeant that made the Arrest one King who followed it and Fisher at whose Suit he was arrested 4 Junii 19 Jac. 1. Johnson Id. 100. a Servant to Sir James Whitlock a Member of the Commons House was arrested upon an Execution by Moor and Lock who being told That Sir James Whitlock was a Parliament Man Fulk one of the Prosecutors said He had known greater Men's Men than Sir James Whitlock 's taken from their Masters Heels in Parliament Time This appearing Lock and Moor were called in to the Bar and by the Judgment of the House were sentenced First That at the Bar they should ask Forgiveness the of House and of Sir James Whitlock on their Knees Petyt 's Miscel Parl. 118. Secondly That they should both ride upon one Horse bare-back'd Back to Back from Westminster to the Exchange with Papers on their Breasts and this Inscription For arresting a Servant of a Member of the Commons House of Parliament And this to be presently done sedente Curiâ Which Judgment was pronounced by Mr. Speaker against them at the Bar upon their Knees 28 Apr. 22 Jac. 1. Memorials 100. A Warrant was ordered to be issued by the Speaker for a Writ of Privilege to bring up Andrew Bates Servant to Mr. Richard Godfrey of the House in Execution with the Sheriff of Kent at the Suit of one Hunt This Privilege doth take Place by Force of the Election and that before the Return be made as appears in the Case following 19 Nov. 1601. Id. 107 108. Vide Sir Simon d'Ewe's Jour 642. Col. 2. 643. Col. 1. Vid. Petyt Miscel Parl. 119. Upon Information to the House that one Roger Boston Servant to Lanckton Baron of Walton who upon credible Report of divers Members of the House was affirm'd to be chosen a Burgess for the Borrough of Newton in Lancashire but not yet return'd by the Clerk of the Crown had been during that Session of Parliament arrested in London at the Suit of one Muscle the said Muscle together with the Officer that made the Arrest were sent for by the Serjeant and brought to the Bar and there charged by Mr. Speaker in the Name of the whole House with their Offence herein And having been heard Boston was ordered to have Privilege and to be discharged of his Arrest and Imprisonment and the Offenders for three Days committed to the Serjeant and ordered to pay such Charges to Boston as the Speaker shall set down and their Fees 6 Martii 1586. Memorials p. 108 109. Sir Simon d'Ewe's Jour 410. Col. 1.414 Col. 2. This Day William White brought to the Bar for arresting Mr. Martin a Member of the House made Answer That the Arrest was made above fourteen Days before the Beginning of the Parliament The House thereupon appointed a Committee to search the Precedents And March 11. the Committee made their Report of Mr Martin a Member of this House arrested upon mean
by him commenced he shall not be barred by any Statute of Limitation nor non-suited dismist or his Suit discontinued for want of Prosecution but shall from Time to Time on the rising of the Parliament be at Liberty to proceed to Judgment and Execution Sect. IV. That no Action Suit Process Order Judgment Decree or Proceedings in Law or Equity against the King's original and immediate Debtor for Recovery or obtaining of any Debt or Duty originally and immediately due or payable to his Majesty his Heirs or Successors or against any Accomptant or Person answerable or liable to render an Account to his Majesty his Heirs or Successors for any Part or Branch of their Revenues or other original and immediate Debt or Duty or the Execution of any such Process Order Judgment Decree or Proceedings shall be impeached stayed or delayed by or under the Colour or Pretence of Parliament Yet so that that the Person of any such Debtor or Accomptant or Person answerable or liable to account being a Peer of this Realm or Lord of Parliament shall not be liable to be arrested or imprisoned by or upon any such Suit Process Order Judgment c. or being a Member of the House of Parliament shall not during the Continuance of the Privilege of Parliament be arrested or imprisoned by or upon any such Order Judgment Decree Process or Proceedings Sect. V. Provided That this Act or any Thing therein shall not extend to give any Jurisdiction Power or Authority to any Court to hold Plea in any real or mixed Action in any other Manner than it might have been done before the making of this Act. Jovis Bohun's Collection pag. 27. 13 Feb. 1700. Resolved That no Member have any Privilege in any Case where he is only a Trustee Resolved Nem. Cont. That no Peer of the Realm hath any Right to vote in the Election of any Member to serve in Parliament And Declared by the House as a standing Order Ibid. That no Member have any Privilege except for his Person only against any Commoner in any Suit or Proceeding at Law or Equity for any longer Time than the House shall be actually sitting for the Dispatch of Business in Parliament Martii Ibid. pag. 230. 28 Nov. 1699. Resolved That no Member of this House acting as a Publick Officer hath any Privilege of Parliament touching any Matter done in Execution of his Office APPENDIX The Report of a Case happening in Parliament in the first Year of King James the First which was the Case of Sir Francis Goodwyn and Sir John Fortescue for the Knights Place in Parliament for the County of Bucks Translated out of the French IN this Case after that Sir Francis Goodwyn was elected Knight with one Sir William Fleetwood for the said County which Election was freely made for him in the County and Sir John Fortescue refused notwithstanding that the Gentlemen of the best Rank put him up the said Sir John Fortescue complained to the King and Council-Table he being one of them to wit one of the Privy Council that he had been injuriously dealt with in that Election which does not appear to be true But to exclude Sir Francis Goodwyn from being one of the Parliament it was objected against him That he was Outlawed in Debt which was true scilicet he was outlawed for sixty Pound the 31st of Queen Elizabeth at the Suit of one Johnson which Debt was paid and also the 39th of Eliz. at the Suit of one Hacker for sixtteen Pounds which Debt was also paid and that notwithstanding this the King by the Advice of his Council at Law and by the Advice of his Judges took Cognisance of these Outlawries and directed another Writ to the Sheriff of the said County to elect another Knight in the Place of the said Sir Francis Goodwyn which Writ bore Date before the Return of the former And this Writ recites N. B. Here the King assumes the Power of judging and determining the 〈◊〉 of Members Parliament Sed 〈◊〉 That because the said Sir Francis was outlawed prout Domino Regi constabat de Recordo and for other good Considerations which were well cognisant to the King and because he was Inidonious for the Business of the Parliament therefore the King commanded the Sheriff to elect one other Knight in his Room which Writ was executed accordingly and Sir John Fortescue elected And at last Day of the Return to wit the first Day of the Parliament both Writs were return'd the first with the Indenture sealed between the Sheriff and the Freeholders of Bucks in which Sir Francis Goodwyn and Sir William Fleetwood were elected Knights for the Parliament and also the Sheriff returned upon the Dorse of the Writ That the said Sir Francis was outlawed in two several Outlawries and therefore was not a meet Person to be a Member of the Parliament House The second Writ was returned with an Indenture only in which it was recited That Sir John Fortescue by reason of the second Writ was elected Knight Both these Returns were brought the third Sitting of the Parliament to the Parliament House by Sir George Copping being Clerk of the Crown And after that the Writs and Returns of them were read it was debated in Parliament Whether Sir Francis Goodwyn should be received as Knight for the Parliament or Sir John Fortescue And the Court of Parliament after a long Debate thereupon gave Judgment That Sir Francis Goodwyn should be received And their Reasons were these First because they took the Law to be That an Outlawry in Personal Actions was no Cause to disable any Person from being a Member of Parliament and it was said That this was ruled in Parliament 35th of Queen Elizabeth in the Parliament House in a Case for one Fitz-Herbert Another Precedent was 39 H. 6. Secondly The Pardons of the 39th of Queen Eliz. and 43 Eliz. had pardoned those Outlawries and therefore as they said he was a Man able against all the World but against the Party Creditor and against him he was not But in this Case the Parties were paid Also Thirdly it was said That Sir Francis Goodwyn was not legally outlawed because no Proclamation was issued forth to the County of Bucks where he was Commorant and Resiant And therefore the Outlawry being in the Hustings in London and Sir Francis Goodwyn being Comorant in Bucks the Outlawry no Proclamation issuing to the County of Bucks was void by the Statute of the 31st of the Queen which in such Cases makes the Outlawries void Fourthly It was said that the Outlawries were 1. Against Francis Goodwyn Esq 2. Against Francis Goodwyn Gent. And 3. The Return was of Francis Goodwyn Knight Et quomodo constant that those Outlawries were against the said Sir Francis Goodwyn For these Reasons also they resolved That the Outlawries were not any Matter against Sir Francis Goodwyn to disenable him to be a Knight for the County of Bucks Fifthly It was said That by the Statute
of 7 H. 4. which prescribes the Manner of the Election of Knights and Burgesses it is Enacted That the Election shall be by Indenture between the Sheriff and the Freeholders and that the Indenture shall be the Return of the Sheriff It was also said That the Precedents do warrant this Judgment viz. 1. One Precedent of 39 H. 6. where a Person outlawed was adjudged a sufficient Member of Parliament Another 1 Eliz. and at that Time one Gargrave who was a Man learned in the Law was Speaker and of the Queen's Council 2. Another was the Case of one Fludd in the 23d of the Queen who being outlawed was adjudged That he should be privileged by Parliament and at that Time the Lord Chief Justice Popham was Speaker And 3. In the 35th of Elizabeth there were three Precedents scil one of Fitz-Herbert another of one Killegrew being outlawed in fifty two Outlawries and the third of Sir Walter Harecourt being outlawed in eighteen Outlawries But after this Sentence and Judgment of the Parliament the King's Highness was displeased with it because the second Writ emanavit by his Assent and by the Advice of his Council And therefore it was moved to the Judges in the Upper-House Note Whether a Person outlawed could be a Member of Parliament who gave their Opinions that he could not And they all except Williams agreed That the Pardon without a Scire facias did not help him but that he was outlawed to that Purpose as if no Pardon had been granted And upon this the Lords sent to the Lower-House desiring a Conference with them concerning this Matter which Conference the Lower-House after some Deliberation denied for these Reasons 1. Because they had given their Judgment before and therefore they could not have Conference de re Judicata as in like Manner they did 27 Queen Eliz. upon a Bill that came from the Lords and was rejected by Sentence upon the first Reading Sir Walter Mildmay being then of the Privy Council and of the House 2. Because they ought not to give any Accompt of their Actions to any other Person but to the King himself This Answer the Lords did ill resent and therefore refused Conference in other Matters concerning Wards and Respite of Homages and Purveyors and also they sent to the King to inform him of it But before their Messengers came to the King two of the Privy Council scilicet Sir John Stanhope and Sir John Herbert were sent to the King by the Lower-House to inform him that they had heard that his Grace was displeased with the House for their Sentence given for Sir Francis Goodwyn as well as in the Matter of the Sentence which was as they heard said to be against Law as also for the Manner of their Proceedings being done hastily without Calling to it either Sir John Fortescue or his Council or without making his Grace acquainted with it And therefore they desired his Grace to understand the Truth of this Matter and also told him That they were ready with his good Leave with their Speaker to attend his Majesty to give him Satisfaction about their Proceedings But the King told them they came too late and that it ought to have been done sooner calling the House Rash and Inconsiderate But yet notwithstanding he was content to hear their Speaker in the Morning at Eight of the Clock Upon this Message Committees were chosen to consider of the Things and Matters aforesaid which should be delivered to the King in Satisfaction of the Sentence given by the House which afterwards were considered of and digested by the Speaker and Committees in three Points viz. 1. In the Reasons and Motives of their Resolutions 2. In the Precedents which were those I before have reported 3. And in Matters of Law Which were those Matters of Law also before reported by me with another Addition That in the Time of Henry the Sixth the Speaker of the Parliament was arrested in Execution at the Suit of the Duke of York and the Question being put to the Judges at that Time See Bohun's Col. p. 277. Whether the Speaker ought to have his Privilege it was said by them That they were Judges of the Law and not Judges of Parliament The Reasons and Motives were the free Election of the County the Request of one of the House the double Return of the Sheriff with a Commemoration of the Length of the Time since the Outlawries and with that the Payment of the Debts To this Report the King answered That he now ought to change his Tune which he used in his first Oration scilicet Thanksgiving to Grief and Reproof But he said That it was as necessary they should be reproved as congratulated and therefore he cited a parcel of Scriptures wherein God had so done with his People Israel nay with King David the People whom he tendered as the Apple of his Eye and David who was a Man after his own Heart He said It seems antiently to be a Privy Counsellor was incompatible with being a Member of Parliament or Publick Counsellor That since Sir Francis Goodwyn was received by the House upon Reasons and Motives inducing the House thereunto so the King upon Reason too took Consideration of Sir John Fortescue being one of the Council an ancient Counsellor a Counsellor not chosen by the King but by his Predecessors and so he found him and therefore he endeavoured to grace him being the only Man of them that had been disgraced the King protesting that he would not for any Thing in the World offer unjustly any Disgrace to any Man in the Nation Besides he did not proceed rashly as they had proceeded but upon Deliberation with double Advice as well with that of his Council as with that of his Judges And in his answering the Precedents Quere If the King himself was not here too over weening he said That those were his own proper Records and to use them against himself was over-great Weenings But in Precedents he said that they ought to respect Times and Persons and therefore said That Henry the Sixth's Time was troublesome he himself Weak and Impotent And as for the other Precedents they were in the Time of a Woman which Sex was not capable of Mature Deliberation and so he said where Infants are Kings whom he called Minors For the Law Part he referred to the Answer of his Judges who by the Lord Chief Justice gave these Resolutions They all unanimously agreeing in them 1. That the King alone and not the Parliament House had to do with the Returns of the Members of Parliament for from him the Writs issued and to him the Sheriff is commanded to make his Returns but when a Man is returned and sworn the Parliament-House hath to do with him and the Sheriff ought to Return the Outlawry if he knew it before his Return 2. They resolved clearly Thatan outlawed Person cannot by the Law be a Member of the Parliament-House but for that Cause
Custom of Parliament and therefore void The Authority of the High Court of Parliament to be committed to a few as in 21 Rich. 2. c. 16. Ibid. is holden to be against the Dignity of a Parliament and that no such Commission ought to be granted Tho' it be apparent what transcendent Power and Authority the Parliament hath Id. 43 and tho' divers Parliaments have attempted to bar restrain suspend qualify or make void the Power of subsequent Parliaments yet could they never effect it for the latter Parliament hath ever Power to abrogate suspend qualify explain or make void the former in the Whole or in any Part thereof notwithstanding any Words of Restraint Prohibition or Penalty in the former For it is a Maxim in the Law of Parliament Quod Leges posteriores priores contrarias abrogant An Act of Parliament doth include every Man's Consent Hobart 256. as well to come and unborn Persons as those present The Sovereign Power of this High Court of Parliament is such Hakewel 86. that altho' the King's Majesty hath many great Priviledges and Prerogatives yet many Things are not effectual in Law to pass under the great Seal by the King's Charter without the consent of Parliament as was resolv'd by all the Judges in the Princes case The King by his Letters Patents may make a Denizen Id. 87. Bro. Denizen N o 9. 36. H. 8. but cannot Naturalize him to all purposes as an Act of Parliament may do If a Man be Attainted of Felony Hakewel 89. or Treason by Verdict Outlawry Confession c. his Blood is corrupted which is a perpetual and absolute Disability for him or his Posterity to claim any Hereditament in Fee-simple either as Heir to him or any Ancestor paramount him and he shall not be restored to his Blood without Parliament And yet the King may give to any attainted Person his Life by this Charter of Parliament The King cannot alter the Common Law Id. 90. or the general Customs of the Realm as Gavelkind Borough-English or the like without consent of Parliament Altho' a King have a Kingdom by Discent Ibid. yet seeing by the Law of that Kingdom he doth inherit that Kingdom he cannot change those Laws of himself without Consent of Parliament By the Laws of this Kingdom Ibid. the King cannot by his Proclamation alter the Law but the King may make Proclamtion that he shall incur the Indignation of his Majesty that withstands it But the Penalty of not obeying his Proclamation may not be upon Forfeiture of his Goods his Lands or his Life without Parliament Le Parliament d'Engleterre ne lia Ireland quoad Terras suas Brook 123. 91. Vide 20 H. 6.9 Crompton 22. b. quar ils ont Parliament la mes il poient eux lier quant al Choses transitory come eskipper de Lane ou Merchandize al intent de ceo carrier al auter Lieu ultra Mare The Parliament of England cannot bind Ireland Quere infra as to their Lands for they have a Parliament there but they may bind them as to Things transitory as the shipping of Wool or Merchandize to the intent to carry it to another Place beyond the Sea 4 Inst 350. Sometimes the King of England call'd his Nobles of Ireland to come to his Parliament of England c. And by special Words the Parliament of England may bind the Subjects of Ireland The Lords in their House have Power of Judicature Id. 23. and the Commons in their House have Power of Judicature and both Houses together have Power of Judicature This Power is best understood by reading the Judgments and Records of Parliament at large Ibid. and the Journals of the House of Lords and 6 H. 8. c. 16. Rast 429 430. Vaughan 285. the Book of the Clerk of the House of Commons which is sometimes also styled a Record If Inconveniencies necessarily follow out of the Law only the Parliament can cure them If a Marriage be declared by Act of Parliament to be against God's Law Id. 327. we must admit it to be so for by a Law that is by an Act of Parliament it is so declared In many Cases Multitudes are bound by Acts of Parliament Id. 14. which are not Parties to the Elections of Knights Citizens and Burgesses as all they that have no Free-hold or have Free-hold in ancient Demesne and all Women having Free-hold or no Free-hold and Men within the Age of One and twenty Years Hob. 256. c. and we may add Persons unborn It is declared by the Lords and Commons in full Parliament upon Demand made of them on the Behalf of the King That they could not assent to any Thing in Parliament that tended to the disherison of the King and his Crown whereunto they were sworn The Expounding of the Laws doth ordinarily belong to the Reverend Judges Hakewel 94. and in Case of greatest Difficulty or Importence to the High Court of Parliament Errors by the Law in the Common-Pleas are to be corrected in the King's-Bench 4 Inst 22. Vid. Stat. 1 Jac. 1 c. 1. and of the King's-Bench in the Parliament and not otherwise i. e. where the Proceedings are by original Writ Instit Leg. 171.172 For if they are by Bill they may be corrected in the Exchequer Chamber by St. 27 Eliz. c. 8. from whence a Writ of Error lyes to the Parliament Actions at Common Law are not determined in this High Court of Parliament Selden's Judicature 2. yet Complaints have ever been receiv'd in Parliaments as well of private Wrongs as publick Offences And according to the Quality of the Person and Nature of the Offence they have been retained or referred to the Common Law There be divers Precedents of the Trial of Bishops by their Peers in Parliament Id. 4.5 as well for Capital Offences as Misdemeanors whereof they have been accused in Parliament And so there have been of Commoners As the Arch-Bishop of Canterbury 15 Ed. 3. n. 6 7 8. ibid. postea 44. 39. ibid 17 E. 3.22 And the Bishop of Norwich 7 Ric. 2. for Misdemeanors So were the Bishops of York and Chichester tried for Treason by their Peers in Parliament upon the Appeal of the Lords Appellants 11 R. 2. And Anno 21 R. 2. The Commons Accused the Arch-Bishop of Canterbury of Treason by their Peers in Parliament upon the Appeal of the Lords Appellants 11 R. 2. And Anno 21 R. 2. The Commons accused the Arch-Bishop of Canterbury of Treason and the Temporal Lords judged him a Traitor and banished him But if a Bishop be accused out of Parliament he is to be tried by an ordinary Jury of Free-holders for his Honour is not inheritable as is the Temporal Peers out of Parliament yet in all other Matters save that only of their Trial they have Priviledge as no Day of Grace to be granted against them in any Suit A Knight to be returned upon the Pannel where a Bishop is Party and no Process in a Civil Action to be awarded
against his Body and the like And by this it appeareth what Persons are de Jure triable by the Lords in Parliament viz. their Peers only which Bishops are not Judgments in Parliaments for Death have generally been strictly guided per Legem Terrae i.e. Lex Parliamenti d. 168. The Parliament hath three Powers Sir Rob. Atkyns Argument c. 36. a Legislative in Respect of which they are call'd the three Estates of the Realm a Judicial in respect of this it is call'd Magna Curia or the High Court of Parliament a Counselling Power hence it is call'd Commune Concilium Regni The Parliament gives Law to the Court of King's-Bench Id. 49. and to all other Courts of the Kingdom and therefore it is absurd and preposterous that it shou'd receive Law from it and be subject to it The greater is not judged of the less All the Courts of Common Law are guided by the Rule of the Common Law Id. 50 but the Proceedings of Parliament are by quite another Rule The Matters in Parliament are to be discussed and determined by the Custom and Usage of Parliament and the Course of Parliament and neither by the Civil nor the Common Law used in other Courts Ibid. The Judges of all the Courts of Common Law in Westminster are but Assistants and Attendants to the High Court of Parliament And shall the Assistants judge of their Superiors The High Court of Parliament is the dernier Refort Ibid. and this is generally affirm'd and held but it is not the last if what they do may yet again be examin'd and controlled Because the High Court of Parliament proceeds by a Law peculiar to that High Court Id 52. which is call'd Lex Consuetudo Parliamenti and not by the Rules of the Common Law and consists in the Customs Usages and Course of Parliament no Inferior Court can for this very Reason judge or determine of what is done in Parliament or by the Parliament A Statute Arc. Parl. 85. or Act of Parliament need not be proclaim'd for the Parliament represents the Body of the whole Realm for there are Knights and Burgesses of every County and Town But otherwise where it is ordained by the Act that it shall be proclaimed A Man Attainted of Felony Id. 100. or Treason shall not be restored in Blood without Parliament 28 Ed. 1. Petyt's Appendix to Miscel Parliam n. 38. 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 The Court of Parliament was the Sanctuary Turner's Case of Bankers 36. whether the distressed Subject in his Exigence fled for Shelter and Refuge and alway found it Into the Sacred Bosom of Parliaments it was Ibid Vide Several Precedent and Records that they poured out their Sighs and Groans with constant Success and when in Cases of high Nature the Common Law was arrested and stopt in her proceedings Parliaments evermore ran into ther Rescue and in dutiful ways discharged those Locks and Bars which had been unjustly fastned on the Exchequer The Right of the Crown of England Stat. Prov. 25 Ed. 3. Rast Stat. 99. and the Law of the said Realm is such that upon the Mischiefs and Damages which happen to the Realm the King ought and is bound by his Oath of the Accord of his People in Parliament thereof to make Remedy c. To conclude this Chapter Le Parliament ad Absolute poiar en touts Cases come a faire Leys d'adjuger Matters en Ley a trier vie del home a reverser Errors en Bank le Roy especialment lou est ascun Commune Mischief que l'ordinary Course del Ley n'ad ascun means a remedier en tiel Case ceo est le proper Court Et tonts choses que ils font sont come Judgments Et si le Parliament mesme erre Finche's Nomotecnia l. 2. c. 1. f. 21. 22. come il poet ceo ne poet estre reverse en ascun Lieu forsque en le Parliament Which because it is omitted as several other things are in the Book translated into English I will thus give it the Reader that does not understand French The Parliament hath Absolute Power in all Cases as to make Laws to adjudge Matters in Law to try Men upon their Lives to reverse Errors in the King's Bench especially where there is any Common Mischief which the ordinary Course of the Law hath not any means to remedy in such Case this is the proper Court And all things which they do are as Judgments And if the Parliament it self errs as it may that cannot be reversed in any place but in Parliament Sir Robert Cotton See Sir Robert Cot. Treatise of Parliaments p. 44 45 c in his Discourse of the Privilege and Practice of Parliaments says thus by Parliaments all the wholesom Fundamental Laws of this Land were and are Establish'd and Confirmed By Act of Parliament the Pope's Power and Supremacy in this Kingdom and the Romish Superstition and Idolatry were abrogated and abolished By Act of Parliament God's true Religion Worship and Service are or may be establish'd and maintain'd By Act of Parliament the two Universities of Oxford and Cambridge with other Cities and Towns have had many Privileges and Immunities granted em By Parliament one Pierce Gaveston a great Favourite and Misleader of King Ed. 2. was remov'd and Banished and afterwards by the Lords Executed Also by Parliament the Spencer's Favourites and Misguiders of the same King were Condemned c. and so was Delapool in H. 6. Time and others since By Parliament Empson and Dudley two notable Polers of the Common-wealth by exacting Penal Laws on the Subjects were Discover'd and afterwards Executed By Parliament the Damnable Gunpowder Treason hatch'd in Hell is recorded to be had in Eternal Infamy By Parliament one Sir Giles Mompesson a Caterpiller and Poler of the Common-wealth by exacting upon In-holders c. was discover'd degraded and Banished by Proclamation By Parliament Sir Francis Bacon Note the Censure on the late E. of Macclesfield Quere made by K. James 1. Baron of Verulam Viscount of St. Albans and Lord Chancellor of England was for Bribery c. discover'd and displac'd By Parliament Sir John Bennet one of the Judges of the Prerogative Court being Pernitious to the Common-wealth in his Place was discover'd and displac'd By Parliament Lyonel Cranfield sometime a Merchant of London and made by K. James 1. Earl of Middlesex and Lord Treasurer of England being hurfull in his Place to the Common-wealth was discover'd and displaced By Parliament Note Sir Francis Mitchell a jolly Middlesex Justice of Peace in the Suburbs of London another Canker-worm of the Common-wealth by Corruption in exacting an Execution of the Laws upon poor Alchouse-keepers Victuallers c. was discover'd and degraded from his Knighthood and