Selected quad for the lemma: king_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
king_n	house_n	knight_n	white_a	391,770	5	12.9469	5	true

Text snippets containing the quad

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

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

or such like And so shall have priviledge of Parliament the necessary Officers that attend on the Parliament as the Serjeant at Arms Porter of the House Clerks and such like and in the same manner for their necessary goods so that they shall not be arrested nor taken by any other Officer unless it be in case of Treason or Felony in the same manner as Judges or Ministers of other Courts shall have for their Servants Goods and Chattels necessary Priviledge Br. 6. 29. 24. If they cannot agree in Parliament upon a Bill the Tryal shall be by the greater number of Polls He that comes to Parliament ought to be a lawful Person not Out-law'd nor in Execution nor attainted of Treason or Felony neither shall he be a Villain Vide Process Fitzh 20 8. 34 E. 1. A Witness that was named in a Deed among others was Out-law'd no Process shall be awarded against him by the Statute for that he was Out-law'd If one of the Indictors be Out-law'd the Indictment is not good because he is not Legalis probus Homo 11 H. 4. 11. Divers of Parliament were attainted of Treason by the Parliament in the time of R. 3. with H. 7. and it was agreed by the Justices that untill the Act of Attainder was repeal'd such Burgessesses or Knights shall not be received into the House to sit there but assoon as the Act was revers'd and annull'd they should come into their places and then may proceed upon any thing there moved lawfully as lawful Persons But as to the King himself it was agreed that the King was a Person able and discharg'd of any former Attainder ipso facto that he took upon him to Reign and to be King for there is no Superiour to discharge him 1 H. 7.4 If there be divers Sessions of Parliament and there Acts passed at every Session every Act shall have relation to the first day of every Session Comment 78. The Errors committed in Chancery in things appertaining to the Common Law shall be reversed in the Kings Bench. Dyer 315 Error Fitzh 71.18 E. 3 by which it seems that the Kings Bench is a Higher Court than the Court of Chancery as to that Tamen quaere vide 37. H. 6.15 where it is said that it shall be reversed in Parliament by Choke Danby and Ashton vide Com. 393 Breve Fitzh 651. Vide 42 Lib Ass. 22. where Error was committed in Chancery upon Petition made there and a Scire facias issued in the same Court against the Party to the Petition of the Terre-Tenant to reverse this Erroneous Judgement thereof If the King be deceiv'd in making his Charter it shall by Scire facias be annulled in Chancery out of which it issued and not in Parliament Brief Fitzh 651.16 E. 3. But note there that both are the Kings Courts and the King may sue in which of his Courts he pleases in his own Case But Thorpe said there that in the Case between G. and G. the Suit was in Parliament to reverse a grant and Charter of the King which Parner granted for that it was between party and party and as to the last matter vide 21 E. 3.46 accorded If there be a Statute that was never put in ure yet it may be put in ure at this time 11 H. 4.7 yet see the Statute of Butler made 20 E. 1. is not put in ure which gives waste to the Heir done in the time of his Ancestor for the Register gives not a Writ of waste done in the time of the Ancestor c. A Parliament may err as appears Parliament Br. 16. which reversed the Estate of J. S. in certain Land and the Charter thereof to him made without calling the Patentee to it by process before the Repeal 21 E. 3.4 Plowd Com. 400. in the case of the Earl of Leicester and Heyden And Error in Parliament ought to be reversed by Parliament Error Br. 65. The Queen may under the great Seal assign two or three Lords of Parliament to supply her place in Parliament if she be sick or if she will not come for any other cause to Parliament as it was done Anno 31 Eliz. the Queen that now is at which time the Arch-Bishop of Canterbury the Lord Treasurer of England and the Earl of Derby under the great Seal were appointed Commanders by our Sovereign Lady the Queen to represent her Person in the Parliament and they sat one space lower from the Cloth of Estate in the Parliament House A Statute in the negative restraineth the Common Law so that after such Statute a Man may not use the Common Law as the Statute of Marlbr c. 3. Non ideo puniatur dominus per Redemsione and Magn. Chart. c. 34. nullus appelletur ad sectam elienius feminoe nisi de morte virt sui Otherwise it is where a Statute is made in the Affirmative because that does not alter the Common Law Parliament Br. 72.108 Note by Englefield Justice in the case of Button and Savage that where a man had an elder Title to Land by one Entail and after the same Land is given to him by Parliament his Heir shall not be remitted for by the Act all other Titles are extinct for that the Act is the Common Judgment and an Estoppel to every one that is privy to the Act. Parliament Brooke 73.29 H. 8.21 Ed. 4.57 If the King has an ancient Title to Land tayled and the same Land is given to him by Parliament the Entail is gone so that his Heir shall not avoid Leases made by his Father nor Charges and the like Parl. Br. 73.29 H. 8. It was held that these words to wit the King with the Assent of his Lords and Commonalty Grants or Establishes c. This is as well as if it had been That it was enacted at the Request of the Lords and Commons c. and that the King had assented but the more usual words are That it be enacted by the King by the assent of the Lords and Commons c. But the shorter and sufficienter Words are that it be enacted by the Authority of Parliament Parliament Brooke 76.7 H. 7.14 The ancient Statutes as Magna Charta and other Statutes are Quod Rex Statuit and good for it is implied that the Lords and Commons assented Parliament Br. 76. and the Statute de Finibus 27 E. 1. is Statuimus ordinavimus No Lord shall be tryed by Peers but Lords of Parliament which are Temporal Lords and not Spiritual Lords for a Bishop that is a Lord of Parliament shall be tried as other common Persons are as by Knights Esquires and Gentlemen for that a Bishop is not a Lord but by reason of his Bishoprick and so was Cranmer Arch-Bishop of Canterbury 1 Mar. Reg. Stanford 153. A Peer of the Realm shall be tried in an Appeal by Knights c. and no● by his Peers because it is at the suit o● the Party Trial. Br. 142. Coron Br. 153.10

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

H. 5. and H. 6. shall forfeit 100 l. to the King and 100 l. to the Knight so chosen that shall commence his Action within three Months after the Parliament begun and proceed in the same Suit effectually without Fraud And if he so do not another that will sue shall have the said Action for the said 100 l. with costs as the Knight should have had 23 H. 6. c. 15. A Sheriff shall not be chosen for Knight nor Burgess of Parliament L. Int. 411. as appears also by the Writ it self directed to the Sheriff In every Writ of Parliament directed to the Sheriff this Clause must be put in Electionem tuam in pleno comitatu tuo factam distincte et aperte sub sigillo tuo et sigil ' eorum qui electioni illi interfuerunt nobis in Cancellariam nostram ad diem et locum in breve content ' certifices indilate 7 H. 4. c. 15. The Election must be by the greater number of Free-holders And in an Action of Debt for him that is chosen Knight of the County and not return'd it sufficeth to declare that he was chosen by the major part of the Free-holders c. Plowd Com. 118. Dyer 113. Note If a man keeps a Household in one County and remains in service with another Family in another County yet he may be at chusing of Knights of the Shire where he keeps a Family for he shall be said in Law to be resident in either of the said Counties as in Debt he may be impleaded where he keeps his House-hold ut supra and be resident in the other County by reason of the Arrest Vide 19 H. 6. fol. 1. And the Statute of 10 H. 6. c. 2. is that Knights of the Shire shall be chosen by Free-holders that are resident within the same County The Sheriff after the receipt of the Writ c. as aforesaid shall deliver without fraud a sufficient Precept under his Seal to every Mayor and Bayliff either Bayliffs or Bayliff where there is no Mayor of the Cities and Burroughs within his County reciting in it the Precept of the Parliament Writ commanding them by the said Precept if it be a City to choose Citizens for the same City by Citizens c. If it be a Borough then Burgesses by Burgesses thereof to come to the Parliament and that the Mayor and Bayliffs or Bayliffs or Bayliff where there is no Mayor shall duly return the said Precept to the Sheriff by Indenture betwixt the Sheriff and those of the Election and the names of the Citizens and Burgesses by them so chosen 23 H. 6. c. 15. The Sheriff shall make a good return of such Writ and of every return by the Mayors and Bayliffs or Bayliffs or Bayliff where there is no Mayor to him made And if the Sheriff does contrary to this Statue or any other Statute for choosing of Knights Citizens and Burgesses to come to Parliament he shall incur the Penalty of 100 l. to the King and shall be imprisoned for one year without Bail or Mainprise and the Knights for the County returned contrary to the said Ordinances shall lose their Wages by 8 H. 6. c. 7. and the Sheriff shall forfeit 100 l. to every Knight Citizen or Burgess in his County chosen to come to Parliament not duly returned or to any other that in their default will sue for it by action of Debt with costs expended in it in which the Defendant shall not wage his Law nor have any Esloin 23 H. 6. c. 15. If the Mayor and Bailiffs or Bailiffs or Bailiff where no Mayor is shall return other than those which be chosen by the Citizens and Burgesses of the Cities or Boroughs where such Elections be shall incur and forfeit to the King forty pound and moreover shall forfeit to every Person hereafter chosen Citizen or Burgess to come to Parliament and not by the same Mayor and Bailiffs or Bailiffs or Bayliff where no Mayor is returned or to any other Person which in default of such Citizen or Burgess so chosen will sue for it shall have his Action of Debt for forty pound with his Costs in this case expended in which the Defendant shall not wage his Law nor have any Essoin Ibid. Every Knight Citizen and Burgess chosen and not return'd shall bring his Action of Debt within three Months after the same Parliament commenced to proceed in the same Suit effectually without Fraud And if he so do not another that will sue shall have the same Action for the said Forfeitures and Costs in such case expended wherein the Defendant shall not wage his Law nor be essoined Ibid. If any Knight Citizen or Burgess that shall be returned by the Sheriff to come to Parliament after such return be put out by any Person and another put in the Place of him which is out if he take upon him to be Knight Citizen or Burgess shall forfeit to the King an hundred pound and so much to the Knight Citizen or Burgess so return'd by the Sheriff and after as aforesaid put out And that Knight Citizen or Burgess which is so put out shall have an Action of Debt against him so put in his place his Executors or Administrators provided always that he shall begin his Suit within three Months after the Parliament commenced And if he do not then he that will sue shall have an action of Debt of the same one hundred pound against him which is put in the place of him that is so put out after such return c. And that no Defendant in such Action shall wage his Law nor be essoin'd so that the Knights of the Shire for the Parliament hereafter to be chosen shall be Knights or otherwise such eminent Esquires or Gentlemen of the same Counties as shall be able to be Knights and no man to be such Knight which standeth in the degree of a Yeoman and under 23 H. 6. c. 15. All Persons and Communalties which shall have the Summons of the Parliament shall come to the Parliament in the manner as they are bounden to do and have been accustomed of ancient times And he that does not come except he may reasonably and honestly excuse himself shall be amerced or otherwise punished according as of old times hath beeen used 5 R. 2. St●●● 2. c. 4. No Baron Knight Citize● or Burgess which shall be elected to co●e to Parliament shall depart from it till the Parliament be fully ended or prorogued except he has License of the Speaker and Commons in such Parliament assembled which License shall be entred in the Book of the Clerk of the Parliament appointed for the Commons House upon pain to lose their Wages and all Counties Cities and Boroughs shall be discharg'd of the said Wages 6 H. 8. c. 16. Vide Stamford 153. The Bishop of Winchester was arrested in the Kings Bench for that he coming to Parliament departed without License Coron F. 161. 3 Ed. 2. The Lands which

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

new debate of the Case took order that their Serjeant should speedily 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 Chancellour 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 shewing of his Mace which was his Warrant But before the Serjeant's 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 up 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 Counter 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 Counter 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 Misdemeanor aforesaid they were compelled to make immediate Answer without being admitted to any Counsel Albeit Sir Ro. Cholmley then Recorder of London and other the Counsel 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 th until the 30 th 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 fo 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 conclusion the Act passed for the said Ferrers who won by fourteen Voices The King being then advertised of all this proceeding called immediately before him the Lord Chancellor of England and his Judges with the Speaker of the Parliament and other of the gravest Persons of the nether House to whom he declared his Opinion to this effect First commending their wisdom in maintaining the Privileges of their House which he would not have to be infringed in any point alleged 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 insomuch as my Lord Chancellour 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 farther 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 knit together into one Body Politick so as whatsoever Offence or Injury during that time is offered to the meanest Member of the House 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 Counsel informeth us as all Acts and Processes comming 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 Montague then Lord Chief Justice very gravely declared his Opinion confirming by divers reasons all that 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 alleged as a President for the priviledge of the Parliament I have indeavoured 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 Note Danby says That one coming to Westminster for that he was a Parliament-Man and was arrested and lay in Execution upon a Condemnation long time before the Parliament and would have been discharged of the Execution and the matter was notified to the King's Council and to the Justices of the Bench that he could not be discharged and Coke said that it was true 2 E. 4. fol. 8. vide Dyer 162. A man in Execution for Debt altho he was necessary for War which is for the publick good cannot be taken out of Execution per omnes Justic. The Parliament shall not give Priviledge in time of Vacation but sitting the Court Priviledge Br. 56. Necessary Servants attending upon their Masters during the Parliament shall have priviledge of Parliament so that they shall not be arrested for Debt