Burgesses of the said High Court have had used c. Vide ante 176. That every Person which hereafter shall be elected a Knight Stat. 5. Eliz. c. 1. Knights Citizens c. before their sitting in Parliament to take the Oath of Supremacy before the Lord Steward or his Deputies and for the contrary to lose their Memberships and incur such Penalties as if they had sat without Election Return c. Citizen or Burgess or Baron for any of the Five Ports for any Parliament or Parliaments hereafter to be holden shall before he enter the Parliament House or have any Voice there openly receive and pronounce the Oath The Oath of Supremacy mentioned in this Act is abrogated by the Stat. 1 W. M. ch 1. and a new one appointed which see ante p. 177. expressed in the Stat. 1 Eliz. ch 1. England commonly called the Oath of Supremacy before the Lord Steward of the Queen's Houshold or his Deputy or Deputies for that Time to be appointed and that he which shall enter into the Parliament House without taking the said Oath shall be deemed no Knight Citizen Burgess nor Baron for that Parliament nor shall have any Voice but shall be to all Intents Constructions and Purposes as if he had never been returned nor elected Knight Citizen Burgess or Baron for that Parliament and shall suffer such Pains and Penalties as if he had presumed to sit in the same without Election Return or Authority That all and every the Knights Citizens Stat. 7. Jac 1. c. 6. Knights Citizens c. at any Parliament or Sessions to take the Oath of Allegiance before the Lord Steward c. ere they be permitted to sit Burgesses and Barons of the Five Ports of the Commons House of Parliament at any Parliament or Session of Parliament before he or they shall be permitted to enter into the said House shall make take and receive the Oath of Obedience mentioned in the Statute of 3 Jac. 1. ch 4. commonly called the Oath of Allegiance The Oath of Allegiance mentioned in this Act is abrogated by the Stat. of 1 W. M. c. 1. as aforesaid post 198. before the Lord Steward of the King's Houshold his Deputy or Deputies That none which shall be a Member of the House of Commons England shall vote in the said House St. 30 C. 2. c. 1. Members of the House of Commons shall not vote or sit there during any Debate after their Speaker chosen until they have taken the Oaths of Allegiance and Supremacy and subscribed the Test between Hours of 9 and 4 in a full House or sit there during any Debate in the said House after their Speaker is chosen until such Member shall first take the several These Oaths are abrogated by Stat. 1 W. M. c. 1. Oaths of Allegiance and Supremacy and make subscribe and audibly repeat the Declaration in this Act contained commonly called the Test which said Oaths and Declaration shall be in this and every succeeding Parliament solemnly and publickly made and subscribed betwixt the Hours of Nine in the Morning and Four in the Afternoon by every such Member at the Table in the Middle of the said House and whilst a full House of House is there duly sitting with their Speaker in his Chair and that the same be done in the House in such-like Order or Method as the House is called over by If any Member of the House of Commons shall presume to do any thing contrary to this Act Members acting contrary shall be adjudged Popish Recusants convict and suffer as such and be disabled to hold any Office or Place of Profit or Trust in England or is Dominions to sit or vote in Parlia ment bring any Action or Information at Law or Suit in Equity be Guardian of any Child Executor or Administrator of any Person or capable of any Legacy or Deed of Gâ—â— and forfeit 500 l for every Offence to any that will sue by Action of Debt c. where no Essoign c. every Member so offending shall from thenceforth be deemed and adjudged a Popish Recusant Convict to all Intents and Purposes and shall forfeit and suffer as a Popish Recusant Convict and shall be disabled to hold or execute any Office or Place of Profit or Trust England Civil or Military in any of His Majesty's Realms of England or Ireland Dominion of Wales or Town of Berwick upon Tweed or in any of His Majesty's Realms Islands or Foreign Plantations to the said Realms belonging and shall be disabled to sit or vote in Parliament or to sue or use any Action Bill Plaint or Information in course of Law or to prosecute any Suit in any Court of Equity or to be Guardian of any Child or Executor or Administrator of any Person or capable of any Legacy or Deed of Gift and shall forfeit for every wilful Offence against this Act the Sum of 500 l. to be recovered or received by him or them that will sue for the same and to be prosecuted by any Action of Debt Suit Bill Plaint or Information in any of His Majesty's Courts at Westminster where no Essoign Protection or Wager of Law shall lie It shall be lawful to and for the House of Commons as often as they shall see Occasion Members obliged to take the said Oaths and subscribe the Test in the House as often as the House shall think fit and Members acting contrary and presuming to sit incapacitated during that Parliament to order or cause all or any of the Members of Parliament openly in their House to take the said Oaths England and to make and subscribe the said Declaration at such Times and in such Manner as they shall appoint And if any Member of the House of Commons shall contrary to such Order made by their House wilfully presume to sit therein without taking the said Oaths and making and subscribing the said Declaration every such Member so presuming to sit shall be adjudged and is declared to be uncapable and disabled in Law to all Intents and Purposes to sit in the said House or give any Voice therein during that Parliament And in Case any Member of the House Such Members Election declared void and the Speaker by Order of the House to issue his Warrant for a new Election shall by virtue of this Act be disabled to sit or vote in the House then without any further Conviction or other Proceedings against such Member the Place for which he was elected is hereby declared void and a new Writ shall issue out of Chancery by Warrant from the Speaker and by Order of the said House for the Election of a new Member in the Place of such Member so disabled to all Intents and Purposes as if such Member or Members were naturally dead c. During the taking the Oaths and subscribing the Test all other Proceedings in Parliament to cease and the Oath Declaration and Subscription with a Schedule of the Names of the Persons taking and
agreed That regularly he cannot be compelled out of Parliament to answer Things done in Parliament in a Parliamentary Course but it is otherwise where Things are done exorbitantly for those are not the Acts of the Court. No Privilege is allowable in Case of the Peace betwixt private Men 2 Nalson 450. much more in Case of the Peace of the Kingdom Privilege cannot be pleaded against an Indictment for any Thing done out of Parliament Ibid. because all Indictments are contra Pacem Domini Regis Privilege of Parliament is granted in regard of the Service of the Commonwealth Ibid. and is not to be used to the Danger of the Commonwealth All Privilege of Parliament is in the Power of Parliament Ibid. and is a Restraint to the Proceedings of other inferior Courts but is no Restraint to the Proceedings of Parliament 16 Car. 1 Resolved Rush 2 vol. 2d Part. 1147. That the Lords voting the propounding and declaring Matter of Supply before it was moved in the House of Commons was a Breach of Privilege of the House Dec. 1641. Resolved 2 Nalson 729. That the setting of any Guards about this House without the Consent of the House is a Breach of the Privilege of this House and that therefore such Guards ought to be dismissed Resolved upon the Question Id. 743. Nemine Contradicente That the Privileges of Parliament were broken by his Majesty's taking Notice of the Bill for suppressing of Soldiers being in agitation in both Houses and not agreed on Resolved upon the Question Ibid. Nemine Contradicente That his Majesty in propounding a Limitation and provisional Clause to be added to the Bill before it was presented to him by the Consent of both Houses was a Breach of the Privilege of Parliament Resolved upon the Question Ibid. Nem. Con. That his Majesty expressing his Displeasure against some Persons for Matters moved in the Parliament during the Debate and Preparation of that Bill was a Breach of the Privilege of Parliament Whereas his Majesty 2 Nalson 823. in his Royal Person the 4th of Jan. 1641. did come to the House of Commons with a great Multitude of Men armed in a warlike Manner with Halberts Swords and Pistols who came up to the very Door of the House and placed themselves there and in other Places and Passages near to the House to the great Terror and Disturbance of the Members then there sitting and according to their Duty in a peaceable and orderly Manner treating of the great Affairs of both Kingdoms of England and Ireland and his Majesty having placed himself in the Speaker's Chair did demand the Persons of divers Members of the House to be delivered unto him It was thereupon declared by the House of Commons Ibid. That the same is a high Breach of the Rights and Privileges of Parliament and inconsistent with the Liberty and Freedom thereof and therefore the House doth conceive they could not with Safety of their own Presons or the Indemnities of the Rights and Privileges of Parliament sit there any longer without a full Vindication of so high a Breach of Privilege and a sufficient Guard wherein they might confide The Lords cannot proceed against a Commoner Sleden's Jud. p. 84. but upon a Complaint of the Commons But Note as to Freedom from Suits and Arrests Stat. 12 13. Wil. 111. that in the Parliament of 12 13 William the Third an Act passed entitled An Act for preventing any Inconveniencies that may happen by Privilege of Parliament Which enacts Sect. I. That any Person may prosecute any Peer of this Realm or Lord of Parliament or any of the Knights Citizens and Burgess of the House of Commons for the Time being or their or any of their menial or other Servants or any other Person entitled to the Privilege of Parliament in any of the Courts of Record at Westminster or high Court of Chancery or Court of Exchequer or the Dutchy Court of Lancaster and in the Court of Admiralty and in all Causes Matrimonal and Testamentary in the Court of Arches the Prerogative Courts of Canterbury and York and the Delegates and in all Courts of Appeal from and after the Dissolution or Prorogation of any Parliament until a new Parliament shall meet or the same be reassembled And from and after any Adjournment of both Houses for above fourteen Days until both Houses shall meet or reassemble And that the said Courts respectively shall and may after such Dissolution Prorogation or Adjournment proceed to give Judgment and make final Orders Decrees and Sentences and award Execution thereon any Privilege of Parliament to the contrary notwithstanding Sect. II. Provides against subjecting the Person of any Knight Citizen or Burgess or any other intitled to the Privilege of Parliament to be arrested during the Time of Privilege Nevertheless allowing the Liberty that any Person having Cause Action or Complaint against any Peer of the Realm or Lord of Parliament so that after any Dissolution Prorogation or Adjournment as aforesaid or and before any Session of Parliament or Meeting of both Houses as aforesaid shall and may have such Process out of the Courts of King's Bench Common Pleas and Exchequer against such Peer or Lord of Parliament as he might have had against him out of the Time of Privilege And if any Person having Cause of Action against any of the said Knights Citizens or Burgesses or any other intitled to Privilege after any such Dissolution Prorogation or Adjournment or before any such Sessions or Meeting of both Houses ut supra he shall and may prosecute such Knight Citizen or Burgess or other such privileged Person in the said Courts of King's Bench Common Pleas or Exchequer by original Bill and Summons Attachment and Distress infinite out of the same Courts who are respectively impower'd to issue the same against him or them until the Defendant shall enter a Common Appearance or file Common Bail to the Action according to the Course of each Court. And that any Person having Cause of Suit or Complaint may in the Time aforesaid exhibit any Bill of Complaint against any Peer of the Realm or Lord of Parliament or against any Knight Citizen or Burgess or other Person so intitled to Privilege in the Chancery Exchequer or Dutchy Court and proceed thereon by Letter or Subpoena as usual And upon leaving a Copy of the Bill with the Defendant or at his House or Lodging or last Place of Abode may proceed thereon and for Want of an Appearance or Answer or for Non-Performance of any Order or Decree or for Breach thereof may sequester the real or personal Estate of the Party as is used and practised where the Defendant is a Peer of the Realm but shall not arrest or imprison the Body of any of the said Knights Citizens or Burgesses or other privileged Person during the Continuance of Privilege of Parliament Sect. III. That where any Person by reason of Privilege of Parliament is stayed or prevented from prosecuting any Suit
a Proxy upon his Writ of Summons he forfeited 100 l. if an Earl 100 Marks if a Baron 100 s. c. It seldom happeneth Towns Col. 4.39 40 42. That any Bishop doth nominate fewer than three or two Proctors nor any Temporal Lord more than one John Archbishop of Canterbury Id. 34. had this Parliament five Proxies 1 Eliz. a Lord of Parliament by License obtained of the Queen to be absent 4 Inst 12 13 made a Proxy to three Lords of Parliament one of which gave Consent to a Bill the other two said Not Content And it was by Order of the Lords debated among the Judges and Civilians Attendants and conceiv'd by them That this was no Voice and the Opinion was affirmed by all the Lords That it was no Voice 2 Car. 1. 1626. the House of Peers made an Order Rush Col. 269. That after this Session no Lord of this House shall be capable of receiving above two Proxies or more to be numbred in any Cause voted In the Lords House Arc Parl. 12. Smith's Common-wealth 87. the Lords give their Voices from the puisne Lord seriatim by the Word Content or Not Content 4 Inst 34. First for himself and then severally for so many as he hath Letters and Proxies A Bill had three Readings in one Forenoon Towns Col. 11. in the House of Lords Towns Col. 9. Where a Committee of Lords is selected out to meet with another Committee of the House of Commons neither the Judges being but Assistants nor the Queen's Council being but Attendants of and upon the House were ever nominated a Joynt-Committees with the Lords But when the Lords among themselves do appoint a Committee to consider of some ordinary Bill especially if it concern Matter of Law it hath been antiently used and may still without Prejudice to the Honour of the House that the King's learned Council but especially the Judges may be nominated as Committees alone or as Joynt-Committees with the Lords January 19. 1597. 39 Eliz. it was resolved Towns Col. 94. Sir Simon d'Ewes Jour That the Order and Usage of this House was and is that when any Bills or Messages are brought from the lower House to be preferr'd to the upper House the Lord Keeper and the rest of the Lords are to rise from their Places and to go down to the Bar there to meet such as come from the lower House and from them to receive in that Place their Messages or Bills Contrariwise when any Answer is to be delivered by the Lord Keeper c. In passing of Bills Arc. Parl. 5. if the Not Contents be most then the Bill is dash't i. e. the Law is annihilated and goeth no further If the Contents be the most then the Clerk writeth underneath Soit baile aux Commons i. e. Let it be delivered or sent to the Commons 3 Car. 1. 1626. resolved upon the Question Rush Col. 365. That the Priviledge of this House is that no Lord of Parliament the Parliament sitting or within the usual Time of Priviledges of Parliament is to be imprison'd or restrain'd without Sentence or Decree of the House unless it be for Treason or Felony or refusing to give Surety of the Peace Giving the Lye to a Peer Nalson 380. Hakewel 84. Vide Kel wey 184. Vid. Lord Hollis's Letter Vid. Lord Hollis's Remains Vid. contra Hunt's Argument for the Bishops Right c. Vid. Grand Question concerning Bishops Right per totum is a Breach of Priviledge Ever since the Conquest the Archbishops and Bishops have no Title to have Voice and Place in Parliament but only in respect of their Temporal Baronies where they are present quousque perveniatur ad Diminutionem Vitae c. When a Question is had of the Attainder of any Peer Hakewel 84. Vid. contra Hart ut supra per tot Vid. Grand Question concerning Bishops Right c per tetum or other in Parliament the Archbishops and Bishops depart the higher House and do make their Proxies for by the Decrees of the Church they may not be Judges of Life and Death 11 Rich. 2. Divers Lords and others being appealed of Treason and other Misdemeanors the Prelates absented themselves during the Trial Selden of Judicature p. 150. Vid. there the Protestation of the Bishops Ibid. 151. having first made Protestation saving their Right to be present in Parliament The Protestation I think intends That they could not be present by Reason of the Common Law and by Reason of an Ordinance made at the Council at Westminster in 21 Hen. 2. by which all Clergymen were forbidden agitare Judicium Sanguinis upon Pain to be deprived both of Dignities and Orders For surely as I think they might otherwise have been present both by the Common Law and by the Law of God Sed Quere All the Lords Spiritual and Temporal Selden's Judicature c. 39. 11 Rich. 2. claimed as their Liberty and Franchise that the great Matters moved in this Parliament and to be moved in other Parliaments in Time to come touching the Peers of the Land ought to be admeasured adjudged and discussed by the Course of the Parliament and not by the Civil Law nor by the Law of the Land used in the more base Courts of the Realm which the King granted in full Parliament The Proceeding against a Peer in Parliament is not necessary Id. 53. Q. It appears that the Lords cannot of themselves judge a Common Person for an Offence Id. 61. for he is no Peer according to that of 4 E. 3. Numb 26. 1 Rich. 2. Id. 123. The Lord Beauchamp was sworn and examined and the Duke of Lancaster being one of the Committee was diligently examin'd before the rest of the said Committee but not sworn ad testificandum Vid. rost Earls and Dukes are not sworn on Trials c. in Parliament In Judgments on Delinquents in Parliament Id. 132. the Commons might accusare petere Judicium and the King assentire but the Lords only did judicare The King's Assent ought to be to capital Judgments Id. 141. Vid. Id. 144 14â— 148 154 158. and the Lords Temporal to be only Judges therein and not the Lords Spiritual but in Misdemeanors the Lords Spiritual and Temporal are equal Judges and the King's Assent is not necessary Id. 136. yet it seemeth that the King's Assent is necessarily required in capital Causes and Judgments If a Peer be committed to Prison the Gentleman Usher hath the Charge of him thither and the Serjeant attending on the Great Seal How Lords of Parliament shall be placed in the Parliament Vide Stat. 31 Hen. 8. c. 10. Vid. 4 Inst 362. Rot. Parl. 3 H. 6.10 Arcana Parl. 70. and other Assemblies and Conferences of Council A Peer of the Realm shall be tried in an Appeal by Knights c. and not by his Peers because it is at the Suit of the Party Brook 142 153. Otherwise it is in an Indictment of Treason or Felony for that it is at the Suit of the King The
c. 6 7. the Lords may proceed in Judgment against the Delinquents of what Degree soever and of what Nature soever the Offence be For where the Commons complain the Lords do not assume to themselves Trial at Common Law Q. Neither do the Lords at the Trial of a Common Impeachment by the Commons decedere de Jure suo for the Commons are then instead of a Jury and the Parties Answer and Examination of Witnesses are to be in their Presence Post 120. or they to have Copies thereof and the Judgment is not to be given but upon their Demand which is instead of a Verdict so the Lords do only judge not try the Delinquent 28 Hen. 6. Id. 98. Tho' the Lords refused to commit the Duke of Suffolk upon the Commons complaint of him of a common Fame of Treason yet when they accused him of a particular Treason he was Committed and brought Prisoner to his Answer But in Cases of Misdemeanors it is otherwise Then the Party accused whether Lord or Commoner answers as a Freeman viz. The Lord within his Place Ibid. the Commoner at the Bar and they are not committed till Judgment unless upon the Answer of a Commoner the Lords find Cause to commit him till he find Sureties to attend c. lest he should fly Prout Jo. Cavendish upon the Lord Chancellor's demand of Justice against him for his false Accusation was Committed after his Answer until he put in Bail Anno 7 Rich. 2. and before Judgment In Cases of Misdemeanors only Id. 105. the Party accused was never deny'd Counsel If the Commons do only complain Id. 163. and do neither impeach the Party in Writing nor by Word of Mouth in open House nor demand Trial to be in their Presence Post 120. in these Cases it is in the Election of the Lords whether the Commons shall be present or not In Complaints of Extortion Id. 173. and Oppression the Lords awarded Satisfaction to the Parties wronged which sometime was certain sometime general but alway secundum non ultra Legem It appeareth plainly by many Precedents Id. 176 177. that all Judgments for Life and Death are to be render'd by the Steward of England or by the Steward of the King's House and this is the Reason why at every Parliament the King makes a Lord Steward of his House tho' he hath none out of Parliament And at such Arraignment the Steward is to sit in the Chancellor's Place and all Judgments for Misdemeanors are by the Chancellor or by him who supplies the Chancellor's Place In Case of Recovery of Damages Id. 187. or Restitution the Parties are to have their Remedy the Parliament being ended in the Chancery and not in any other inferior Court at the Common Law But the Lords in Parliament may direct how it shall be levied The Judges who are but Assistants to the Upper House have leave from the Lord Chancellor or Keeper Sir Simon d'Ewes Journal 527. Col. 2. to sit cover'd in the House but are alway uncover'd at a Committee 3. Car. 1. Petyt's Msscel Parliam 212 213. The Sentence of the Lords Spiritual and Temporal pronounced by the Lord Keeper against Ensign Henry Reynde for ignominious Speeches uttered by him against the Lord Say and Seal and for his Contempt of the High Court of Parliament was thus 1. That he never bear Arms hereafter but be accounted unworthy to be a Soldier 2. To be imprisoned during Pleasure 3. To stand under the Pillory with Papers on his Head shewing his Offence at Cheapside London or at Banbury 4. To be fined at 200 l. to the King 5. To ask Forgiveness here of all the Lords of Parliament in general and of the Lord Say and his Son in Particular both here and at Banbury And the Court of Star-Chamber ordered by the Lords to put the said Sentence in Execution out of Time of Parliament Id. 213. Vide a Sentence pronounced by the Lords Die Martis 26. Julij 1642. against one John Escot of Launceston in the County of Cornwall for speaking Scandalously of the Parliament in Rush Col. Vol. 1. f. 759 760. And likewise against John Marston Clerk Rector of St. Mary Magdalen in the City of Canterbury ibid. See divers particulars touching the Power and Jurisdiction of the House of Lords in Prynn's Plea for the House of Lords c. as also a Book printed Anno 1669. Entitled The Grand Question concerning the Judicature of the House of Peers Stated c. See also Sir M. Hales of Parliaments Pa. 138 139. and ibid 140 c. where Attendants on the upper House may be Members of the House of Commons Q. CHAP. VI. House of Commons THE House of Commons was originally Sir R. Atkyns Argument c. p. 13. and from the first Constitution of the Nation the Representative of one of the three Estates of the Realm and a part of the Parliament It is assirmed by Mr. Lambard Lambard's Archeion 257 258. that Burgesses were chosen to the Parliament before the Conquest The antient Towns call'd Boroughs Littleton Sect. 164. are the most antient Towns that are in England for the Towns that now are Cities or Counties in old Time were Boroughs and call'd Boroughs for that of such old Towns came the Burgesses to the Parliaments Knights of the Shire to serve in Parliament Sir Rob. Atkyn's 18. and the paying Wages to them for their Service has been Time out of Mind and did not begin 49 Hen. 3. for that is within Time of Memory in a Legal Sense The House of Commons Id. 34. as a Member of the High Court of Parliament have been as antient as the Nation itself and may in the Sense of Julius Caesar be accounted among the Aborigines and that they have had a perpetual Being to speak in the Language of the Law a Tempore cujus Contraria memoria Hominum non existit and that they are therefore capable by Law together with the rest of the three Estates in Parliament to prescribe and claim a share in all Parliamentary Powers and Priviledges I do not mean seperately but in conjunction with those other Estates which they could not otherwise legally have done if their Original and Commencement could have been shewn During the British Saxon Petyt's Preface to the antient Rights of the Commons c. p. 3. and Norman Governments the Freemen or Commons of England as now call'd and distinguish'd from the great Lords were pars essentialis constituens an essential and constitutent part of the Wittena Gemot Commune Concilium Baronagium Angliae or Parliament in those Ages It is apparent Id. 12. and past all Contradiction that the Commons in the Times of the Britons Vid. Ch. 1 ante Saxons and Picts were an essential Part of the Legislative Power in making and ordaining Laws by which themselves and their Posterity were to be Govern'd and that the Law was then the golden Metwand and Rule which Measured out and allowed the Prerogative of the Prince and
a Speech spoken by him in the House he shou'd be sent to the Tower during the Parliament or presently after Darryel was sent for by the Serjeant to answer it to the House and upon Testimony of it he was committed to the Serjeant till Thursday following and then to acknowledge his Fault or to be committed to the Tower 16 Junij 1604 Ibid. Complaint being made of one Thomas Rogers a Currier dwelling in Colemanstreet for abusing Sir John Savil in slanderous and unseemly Terms upon his Proceedings at a Committee in the Bill touching Tanners c. he was sent for by the Serjeant at Arms to the Bar to answer his Offence Sir William Aston Rush Col. 656. Vid. Petyt 's Miscell Parl. 108. Acon 's Case Sheriff of London being examined before the Committee concerning some Matters about the Customs and not giving that clear Answer which he ought and as the House conceived he might have done was therefore committed to the Tower of London And a Question was made in the House at that Time Whether the House had at any Time before committed a Sheriff of London to Prison To which Mr. Selden made Answer That he could not call to mind a Precedent of sending one Sheriff of London to Prison but he well remembred a Precedent of sending both the Sheriffs of London to the Tower and instanced the Case One Trussel Towns Col. 20. Vid. Sir Simon d'Ewes Jour 438. Col. 1. being in Execution in one of the Compter's in London was order'd to be brought before the Committee with his Keeper without Danger of an Escape in the Execution Note the Case of Mr. W. Montague who being a Prisoner in Execution was notwithstanding elected a Burgess for Stockbridge and discharged of his Imprisonment by the House See the Case in Bohun's Collection of Debates pa. 275. to 281 where all the Precedents of this Kind are cited at large 4 Novemb. 1640 Scobel 16. upon a Report from the Committee for Priviledges That several Indentures were returned for Burgesses for the Borough of Bossinny in the County of Cornwal the one by the Mayor of the Town the other promiscuously the Committee were of Opinion upon view of the bare Indenture That Sir Charles Harbord who was return'd by the Mayor was well return'd See hereafter Ch. 12. and 13 but the House declar'd he shou'd not sit till the Election were decided 44 Eliz. 1601 the Course hath been Towns Col 297. if the House hath been desirous to see any Record the Speaker shou'd send a Warrant to the Lord Keeper to grant a Certiorari to have the Record brought into the House Decemb. 1641 Nalson 753. ordered That Mr. Speaker do write his Letters to the Mayor of Berwick enjoyning him to require such Papists and suspected Persons as reside there or make their constant Repair thither forthwith to depart the Town and to tender the Oaths of Supremacy and Allegiance to such as shall refuse and to proceed against them according to Law and to require him that a Guard be kept at the several Gates and that the Arms of that Place be in Readiness The like to the Mayor of Newcastle and of Hull The Commons Rush Col. 358. upon Imprisonment of their Members and the Offence taken by the King resolved to proceed in no other Business till they were righted in their Liberties See Nalson's Col. p. 3. to 21. Dec. 1641 Nalson 732. Mr. Long a Justice of the Peace sent to the Tower for setting a Guard without Consent of the Parliament A Knight 4 Inst 12. Citizen or Burgess of the House of Commons cannot by any Means make a Proxy because he is elected and trusted by Multitudes of People If the Commons accuse a Commoner of Misdemeanors Selden 's Jud. 101. in such a State of Liberty or Restraint as he is in when the Commons complain of him in such he is to answer Sir Francis Michel Seld. Jud. Ibid. and Sir John Bennet were both committed by the Commons before their Complaint to the Lords and so they answered as Prisoners but that in a Sort may be call'd Judicium parium suorum If the Commons impeach any Man Ib. 124. Ante they are in loco proprio and there no Jury ought to be only Witnesses are to be examined in their Presence or they to have Copies thereof and the Judgment not to be given until the Commons demand it The Presence of the Commons is necessary at the Parties Answer Ib. 158. Ante 56. and Judgment in Cases Capital Now one Reason for the King's Assent and the Commons Presence in such Judgments may be this Both King and People are to be satisfied for the Death of the Subject therefore all Trials for Life and Death are publick in the full Assembly of the Court and how can it be said in full Parliament when the Commons one of the States are absent Tho the Commons are not present when the Lords do consider of the Delinquents Answer and the Proofs Ib. 159. and do determine of their Judgment yet at their Return to their own Assembly they consider among themselves if the Proceedings were legal and may come again and shew it and require a Rehearing of the Cause as they did at the Judgment of the Duke of Clarence in 18 Ed. 3. In Judgments on Misdemeanors Ib. 162. Ante 58. the Presence of the Commons is not necessary unless they impeach a Delinquent prout 50 E. 3. and then they are present at all the Answers of those whom they impeach and are to demand Judgment When the Lords had determin'd one Part of the Complaint of the Commons against William Ellis touching the Wrong done to certain Scottish Merchants the Commons pray'd a general Inquiry might be made of the Residue whereof they complained Ibid. which the Lords granted When the Lord Nevil answered Id. 163. the Commons required that one Richard Love might be examined to prove that which the said Lord deny'd and so departed but two of the Commons remained and heard the Examinations and told the Lords That the said Richard had related otherwise to the Commons the Day before which the said Richard deny'd Then all the Commons came and justify'd it again and thereupon the said Richard Love confessed it and on their Demands was committed In the 10 Rich. 2. Ibid. when the Commons had Impeached the Lord Chancellor they were present at his Answer and so often reply'd and enforced his Oath against him Vid. Post 80. and required him to be committed and so he was before Judgment If the Commons do only complain Ibid. and do neither impeach the Party in Writing nor by Word of Mouth in open House nor demand Trial to be in their Presence in these Cases it is in the Election of the Lords Whether the Commons shall be present or not Issuing of Quo Warranto's out of the Court of King's-Bench Nalson 588. Court of Exchequer or any Court against Boroughs that anciently or recently sent Burgesses to Parliament to shew
made in like Manner and Form to all Intents Constructions and Purposes as is used within the County Palatine of Lancaster or any other County and City within England which said Knights and Burgesses and every of them shall be returned by the said Sheriff into the Chancery of England in due Form and upon like Pains as is ordained that the Sheriff or Sheriffs of any other County should make their Return England Sheriff of Chester to make like Returns and on like Pains as other Sheriffs That the Burgesses of all Cities Stat. 35 H. 8. c. 11. Mayors Bailiffs c. of the twelve Shire-Towns in Wales and of Monmouth-Shire shall summon the Burgesses as well of all other Cities Boroughs and Towns in those Counties as of Burgesses of those Towns themselves to come to Elections Boroughs and Towns in the twelve Shires within Wales and County of Monmouth not finding Burgesses for the Parliament themselves and contributary to Wages of Burgesses of such Shire Towns shall be lawfully admonished by Proclamation or otherwise by the Mayors Bailiffs and other Head Officers of the said Towns or by one of them to come and give their Elections for the Electing the said Burgesses at such Time and Place lawful and reasonable as shall be assigned for the same by the said Mayors Bailiffs and other Head Officers of the said Shire Towns or by one of them That the County Palatine of Durham may have two Knights for the same County St. 25 C. 2. c. 9. Writ of Election under the Great Seal for Elections in Durham to be directed to the Bishop of Durham c. and his Precept thereon to the Sheriff of that County and the City of Durham two Citizens to be Burgesses for the same City to be elected by Writ to be awarded by the Lord Chancellor or Lord Keeper to the Lord Bishop of Durham or his Temporal Chancellor of the said County England and a Precept to be thereupon grounded and made by the said Lord Bishop or his Temporal Chancellor to the Sheriff of the said County and the same Election to be made in Manner following viz. the Elections of the Knights to be made by the greater Number of the Freeholders of the said County Palatine which shall be present at such Elections as is used in other Counties of this Kingdom and that the Election of the said Burgesses for the City of Durham to be made by the major part of the Mayor Aldermen and Freemen of the said City which shall be present at such Elections which said Knights and Burgesses Sherish of Durham to make like Returns and under like Pains as other Sheriffs St. 7 and 8 W. 3. c. 7. continued by St. 12 and 13 W. 3. c. 5. False Returns illegal and prohibited and all made contrary to the last Determination of the Right of Election in the House of Commons adjudged a false Return so elected shall be returned by the said Sheriff into the Chancery in due Form and upon the like Pains as be ordained for the Sheriff or Sheriffs of any other County in like Cases That all false Returns wilfully made of any Knight of the Shire Citizen Burgess Baron of the Cinque-Ports or other Members are against Law and are hereby prohibited and in case that any Person or Persons shall return any Member for any County City Borough Cinque-Port or Place contrary to the last Determination in the House of Commons of the Right of Election in such County England City Borough Cinque-Port or Place such Return is hereby adjudged a false Return The Party so grieved to wit He that shall be duly elected for any County Officers c. making such false Return liable to an Action at the Suit of any duly elected in any of the Courts at Westminster with double Damages and full Costs City Borough Cinque-Port or Place by such false Return may sue the Officers and Persons making or procuring the same and every or any of them at his Election in any Court of Record at Westminster and shall recover double Damages with his full Costs Any Officer that shall wilfully Officers c. falsly c. making double Returns liable to the like Action falsly and maliciously return more Persons than are required to be chosen by the Writ or Precept on which any Choice is made the like Remedy may be had against him or them and the Party or Parties that willingly procure the same by the Party grieved All Contracts Contracts Bonds c. given to procure the Return of any Member adjudged void and such as make or give them to procure any false or double Return forfeit 300 l. one third to the King another to the Poor of the County City c. and a third to the Informer with his Costs to be recovered by Action of Debt c. wherein no Essoign c. Promises Bonds and Securities whatsoever hereafter made or given to procure any Return of any Member or any thing relating thereto be adjudged void and that whoever makes or gives such Contract Security Promise or Bond or any Gift or Reward to procure such false or double Return England shall forfeit 300 l. one third Part to his Majesty another third Part to the Poor of the County City Borough or Place concern'd and one third Part to the Informer with his Costs to be recovered in any Court of Record at Westminster by Action of Debt Bill Plaint or Information wherein no Essoign Protection or Wager of Law allowed nor more than one Imparlance The Clerk of the Crown to keep a Book of Entry of every single and double Return and of every Alteration and Amendment in every such Return whereto all Persons to have Access and take Copies of so much as desired at a reasonable Fee And if the Clerk of the Crown makes not such Entry in Six Days after any Return or alters any Return without Order of the House of Commons or gives a Certificate of any Person not returned or wilfully neglects or omits his Duty herein to forfeit 500 l. for each Offence to the Party grieved to be recovered as aforesaid and lose his Office England and be for ever incapable of holding it Every Information or Action brought upon this Statute Informations or Actions on this Statute to be brought within two Years after the Cause shall be brought within the Space of two Years after the Cause of Action shall arise That when any New Parliament shall at any Time hereafter be Summoned or called Staf. 8 W. 3. c. 25. Writs of Summons to Parliament to have forty Days between the Teste and Returns and be issued with all Expedition and delivered to the proper Officer to whom its Execution belongs who shall indorse thereon the Day he received it and within three Days issue out his Precept to the like proper Officer of each Borough c. who shall also indorse the Day of his Receipt of the Precept in the former's Presence and proceed to Election in
divided into two or more Questions as Dec. 2. 1640 the Debate about the Election of two Knights was divided into two Questions No Member in his Discourse in the House may mention the Name of any other Member then present Id. 30. Vide Smyth's Common-wealth 85. but to describe him by his Title or Addition as that Noble Lord that worthy Knight or by his Office as Judge Serjeant Gentleman of the long or short Robe or by his Place as the Gentleman near the Chair near the Bar or on the other side or that Gentleman that spake last or last save one or the like During any Debate any Member Memorials ut supr 30. tho' he have spoken to the Matter may rise up and speak to the Orders of the House if they be transgressed in Case the Speaker do not but if the Speaker stand up he is first to be heard and when he stands up the other must sit down 'till the Speaker sit down But if any Person rise up to speak to the Orders of the House in the midst of a Debate Ibid. 31. he must keep within that Line and not fall into the Matter itself if he do he may be taken down by the Speaker or any other Member calling to the Orders of the House While a Member is speaking to a Debate or Question he is to be heard out Id. 31. Vid. Town Coll. 205. and not taken down unless by Mr. Speaker as in some Cases he may or that he speak of such Matter as the House doth not think fit to admit A Matter upon Debate having been once finally determined by a Question Memorials in Hakeavel 33. ought not to be again brought into Dispute 27 Martij 1604. Ibid. Sir Edward Coke Attorney-General and Dr. Hone bring a Message from the Lords desiring a Conference about the Case of Sir Francis Godwyn Vide this Argument at large in the Appendix Upon this Message it was argued That now the Judgment having pass'd the House it could not nor ought to be reversed by them and upon the Question it was resolv'd There shou'd be no Conference 2 Apr. 1604. Ibid A Vote having passed some Days past That no Conference shou'd be admitted with the Lords the same Question was again moved but was carried in the Negative And it was then urged for a Rule That a Question having been once made and carried in the Affirmative or Negative cannot be questioned again but must stand as the Judgment of the House 4 Junij 1604. Id. 45 Agreed for a Rule If two stand up to speak to a Bill He who first stood up if it be known by Demand or otherwise is to be first heard 11 Nov. 1640. Id. 69. It is declared as a constant Order of the House That if a Witness be brought to the House the House sitting the Bar is to be down otherwise if the House be in a Committee In a Debate about an Election Id. 70. it was Resolved That the Party concern'd shall be heard to inform the House and then he is to go forth When any Complaint is made against a Member Id. 71. or Exceptions taken to any Thing spoken by him after he hath been heard to explain himself if he desire or the House command it which is usually done by him standing in his Place if the House be not satisfied but sall into Debate thereof such Member is to withdraw The Members of the lower House came to the Lords upon a Conference Town Coll. 311. as they were sitting at the Table and going to the upper End thereof spake When any Bills or Messages are brought from the lower House to be presented to the upper House the Lord Keeper Towns 95. Vide Sir S. d'Ewes Jour 585. and the rest of the Lords are to rise from their Places and to go down to the Bar and there meet such as come from the lower House and from them to receive in that Place their Messages or Bills But when any answer is to be deliver'd by the Lord Keeper in the Name and behalf of the upper House Ibid. to such Knights and Burgesses as come from the lower House the said Knights and Burgesses are to receive the same standing toward the lower End of the House and the Lord Keeper is to deliver the same with his Head covered and all the Lords are to keep their Places In the Answer of the Commons House of Parliament to King James his Objection in Sir Francis Goodwyn's Case 3 Apr. 1604. Memorials ut supra 33 34. the Objection being That they refuse Conference with the Lords The Answer is in these Words Concerning our refusing Conference with the Lords there was none desired 'till after our Sentence passed and then we thought that in a Matter private to our own House which by Rules of Order might be by us revoked we might without any Imputation refuse to confer Orders and Resolves of the House taken out of the third Volume of Mr. Rush worth's Collections Part 1. 2 Apr. 1604. Id. 71. A Rule that a Question being once made and carried in the Affirmative or Negative cannot be questioned again but must stand as a Judgment of the House the Case of Sir Francis Goodwyn and Sir John Fortescue See at the End of the House of Commons Proceedings about the Aylesbur-men 9 Nov. 1640. Id. 38. Ordered that the general Order for those that are double returned shall not bind Mr. now extra Regnum 10 Nov. 1640. Id. 41. Declared in the House that at the naming a Committee if any Man rise to speak about the same the Clerk ought not to write down any more Names whilst the Member standing up is speaking Ibid. Id. 42. Declared that when a Business was begun and in Debate if any Man rise to speak to a new Business any Member may but Mr. Speaker ought to interrupt him 11 Nov. 1640. Id. 44. That whosoever shall go forth of the House to a Conference in a confused manner before Mr. Speaker shall forfeit 10 s. and that the Reporters ought to go first to take their Places at Conferences 25 Nov. 1640. Id. 60. Ordered that when any Message is to go up to the Lords none shall go out of the House before the Messenger 26 Nov. 1640. Id. 61. That neither Book nor Glove may give any Man Title or Interest to any Place if they themselves be not here at Prayers 28 Nov. 1640. Id. 66. Ordered that if any one be chosen a Member of this House and his Writ not yet returned he may notwithstanding be admitted to the Sacrament to Morrow delivering a Ticket of his Name and the place for which he serves 4 Dec. 1640. Id. 83. Ordered that whosoever does not take his Place when he comes into the House or removes out of his Place to the Disturbance of the House shall pay 12 d. to be divided between the Serjeant and the Poor and whosoever speaks so loud in the House when any Bill or other Matter is reading as to
Bill is engrossed the Clerk ought to endorse the Title thereof upon the back of the Bill and not within the Bill in any Case Ibid. So ought likewise such Bills as come from the Lords to have Titles endorsed upon the back of the Bill and not within After a Bill hath been committed Id. 151. and is reported it ought not in an ordinary Course to be committed but either to be dash'd or ingrossed and yet when the Matter is of Importance it is sometimes for special Reasons suffer'd but then usually the Re-commitment is to the same Committee About two or three Days after the Bill is thus order'd to be engrossed Id. 152. and is accordingly engrossed it is offer'd by the Speaker to be read a third Time for the Passage thereof For the most part the Speaker putteth not any one Bill to the Passage by itself alone Id. 153. but stayeth till there be divers Bills ready engross'd for the third Reading and when he hath a convenient Number which may be five or six rather less than more then he giveth Notice to the House That he purposeth next Day to offer up some Bills for the Passage and desireth the House to give special Attendance for that purpose and then the Day following he doth accordingly put them to the third Reading First private Bills until the House be grown to some fulness and then he offereth to be read the publick Bills which are engrossed It hath at some times been order'd Ibid. That for the preventing of carrying of Bills with a few Voices that no Bills shou'd be put to the Passage until Nine of the Clock at which time the House is commonly full or shortly after When the Bill is read the third Time Id. 153 the Clerk delivereth it to the Speaker who reads the Title thereof and openeth the Effect of the Bill and telleth them That the Bill hath now been thrice read and that with their Favours he will put it to the Question for the passing but pawseth a while that Men may have Liberty to speak thereto for upon the third Reading the Matter is debated afresh and for the most part it is more spoken unto this Time than upon any of the former Readings When the Argument is ended Id. 154. the Speaker still holding the Bill in his Hand maketh a Question for the Passage in this sort As many as are of Opinion that this Bill shou'd pass say Yea c. If the Voice be for the Passage of the Bill Ibid. the Clerk ought to make a Remembrance thereof in his Journal if otherwise then his Remembrance must be accordingly made Breck Abr. f. Edit 119 n. 4. Upon the Bill thus passed if it be originally exhibited in the House of Commons the Clerk ought to write within the Bill on the top toward the right Hand Soit baille aux Seigneurs Let it be deliver'd to the Lords If the Bill passed be originally begun in the Lords House Brook 119.4 then ought the Clerk to write underneath the Subscription of the Lords which always is at the foot of the Bill A cest Bill les Commons sont assentus i. e. To this Bill the Commons have assented 19 Dec. 1584. Sir Simon d'Ewes Jour 344. Col. 2. 27 Eliz. The House of Commons taking Exceptions about endorsing of Bills in the upper part of them whereas it ought to be done at the neither and lower part the Lords did very respectfully take away their said Grievance by the alteration of the Indorsinents aforesaid according to the usual and ancient Form No Bill upon the third Reading Hak. 156. for the Matter or Body thereof may be recommitted but for some particular Clause or Proviso it hath been sometimes suffered but it is to be observ'd as a Thing unusual after the third Reading It hath been much doubted Hakewel 157. whether when a Bill is in Debate for the Passage it ought not to receive the Resolution of the House the same Day wherein it is first offer'd to the Passage but Precedents are where the Case being of some Importance and the Debate growing long the Argument hath been put over to the next Day In which Case he that hath already spoken to the Bill the first Day may not again speak the Second no more than he may speak twice in one Day where the Argument is not deferred to another Day If a Bill be rejected Id. 158. the same Bill may not be offer'd to the House again the same Session but if it be alter'd in any Point material both in the Body and in the Title it may be receiv'd the second Time In the Time of the Reading of a Bill Ibid. the House should not be interrupted with any other Business and yet in 1. Eliz. the House adjourn'd itself till the next Day after the Bill for Sealing Clothes was half read only to be present at the Conference about Religion in Westminster-Abby Sometimes the House conceiving much Offence against some Bills Ibid. doth not only order them to be rejected but to be torn c. in the House When a Bill is thrice read Id. 159. and pass'd in the House there ought to be no further Alteration thereof in any Point When the Speaker hath in his Hands a convenient Number of Bills ready passed Id. 175. as five or six or therabouts he then putteth the House in Mind of sending them up to the Lords and desireth the House to appoint Messengers who accordingly do appoint some one principal Member of the House for that Purpose to whom the Bills are delivered in such Order as he ought to present them to the Lords which is done by Direction of the Speaker except the House be pleased to give special Direction therein The Order which hath usually been observed in ranking them is First Id. 176. To place those that came originally from the Lords Secondly Those that being sent up to the Lords from the Commons House were sent back to be amended Thirdly Publick Bills originally coming from the Commons House and these to be marshalled according to their Degrees in Consequence Lastly Are to be placed private Bills in such Order as the Speaker pleaseth Many Times the House with a Purpose especially to grace some one Bill sendeth it alone Ibid. with a special Recommendation thereof The Messenger for this Purpose is usually attended by thirty or forty of the House as they please and are affected to the Business The principal Messenger Id. 177. who delivers the Bills to the Lords coming in the first Rank of his Company to the Bar of the Lords House with three Congies telleth the Lords That the Knights Citizens and Burgesses of the Commons House have sent unto their Lordships certain Bills and then reading the Title of every Bill as it lieth in Order he so delivereth the same in an humble Manner to the Lord Chancellor who of Purpose cometh to receive them Bills sent from the Lords to the Commons House Ibid. if they be ordinary
James the First the House being desirous to have a Bill forth with passed declared That the Royal Assent to one Bill or more did not dissolve the Session without some special Declaration of his Majesty's Pleasure to that Purpose 1 2 Phil. Mar. The King and Queen came of Purpose into the Parliament House Ibid. to give their Assent to Cardinal Pool's Bill and resolved upon the Question by the whole House That the Session was not thereby concluded but they might proceed in their Business notwithstanding the Royal Assent given But for more Security it is usual to insert a Proviso to that Purpose If there be divers Sessions in one Parliament Arc. Parl. 93. 〈◊〉 Jour 7.12 â—b and the King signs not a Bill till the last there all is but one and the same Day and all shall have relation to the first Day of the first Session Post 336. and the first Day and the last are but one Parliament and one and the same Day unless special Mention be made in the Act when it shall take its Force See Touching the Commencement Prorogation and Dissolution of several Parliaments from the Beginning of Edward III. to the End of Richard III. in Cotton's Records per Totum and from the Beginning of Edward VI. in Hale's Parliaments pag. 107 to 110. and pag. 142 143 c. Upon a Prorogation of the Parliament On a Prorogation Bills to continue in Statu quo Burnet 's Reformation Vol. I. pag. 276. Journal Dom. Com. 15 May 1540. 32 Hen. 8. to the 25th a Vote passed That their Bills should remain in the State they were in and upon their next Meeting they went on accordingly On the 18th of February 1666 the Parliament was prorogued till the 10th of October 1667. the King present Memorandum That his Majesty by Proclamation 1 Siderf 338. dated 26 June 1667. Ann. 19. of his Reign summon'd his Parliament to meet on the 25th of July following by Reason of the War against the Dutch then in Being On which Day they met and adjourned at his Majesty's Appointment to the 29th of the same Month on which Day a Peace being then concluded the Parliament was by his Majesty's Appointment prorogued to the 10th of October as aforesaid A Parliament may be summon'd by Proclamation to meet before the Day to which they are prorogued Anno Dom. 1628. Rush Vol. I. pag 537. 4 Car. 10 April Mr. Secretary Cook delivered this Message from the King That his Majesty desired this House not to make any Recess these Easter-Holidays that the World may take Notice how earnest his Majesty and we are for the publick Affairs of Christendom the which by such a Recess would receive Interruption But This Message for Non-recess was not well pleasing to the House Sir Robert Phillips first resented it Post 366. and too Notice that in 12 18 Jac. upon the like Intimation the House resolved it was in their Power to adjourn itself or sit Hereafter said he this may be put upon us by Princes of less Piety Let a Committee consider hereof and of our Right herein and make a Declaration And accordingly this Matter touching his Majesty's Pleasure about the Recess was referred to a Committee and to consider the Power of the House to adjourn itself to the End that it being now yeilded unto in Obedience to his Majesty it might not turn to Prejudice in Time to come Sir Edward Coke spoke to the same Purpose and said I am as tender of the Privileges of this House as of my Life They are the Heart-Strings of the Commonwealth The King makes a Prorogation but this House adjourns itself The Commission of Adjournment we never read but say this House adjourns itself If the King write to an Abbot for a Corody for a Valet if it be ex rogatu though the Abbot yeilds to it it binds not Therefore I desire that it be entered that this is done ex rogatu Regis Hereupon a Message was sent to the King That the House would give all Expedition to his Majesty's Service notwithstanding their Purpose of Recess To which Message his Majesty returned this Answer That the Motion proceeded from himself in regard of his Engagement in the Affairs of Christendom wished them all Alacrity in their Proceedings and that there be no Recess at all A Message from the King by the Speaker Ibid. pag. 608. same Year That his Majesty commands for the present they adjourn the House till To-morrow Morning and that all Committees cease in the mean Time And the House was accordingly adjourned On Wednesday February 25. the same Year both Houses by his Majesty's Command adjourned themselves until Monday Morning the 2d of March. Monday Ibid. pag. 660. and Appendix pag. 9. 2d of March the Commons meet and urged the Speaker to put the Question who said I have a Command from the King to adjourn till the 10th of March and put no Question endeavouring to go out of the Chair was notwithstanding held by some Members the House foreseeing a Dissolution till a Protestation was published in the House Hereupon the King sent for the Serjeant of the House but he was detained the Door being locked Then he sent the Gentleman-Usher of the Lords House with a Message and he was refused Admittance till the said Votes were read And then in much Confusion the House was adjourned till the 10th of March according as it was intimated from his Majesty In Mr. Mason of Lincoln's Inn his Argument for Sir John Elliot he said the second Charge in the Information against him was the Contempt to the Command of the King's Adjournment Jac. 18. It was questioned in Parliament whether the King can adjourn the Parliament although it be without doubt that the King can prorogue it And the Judges resolved That the King may adjourn the House by Commission and 27 Eliz. it was resolved accordingly But it is to be observed and wondered Rush Vol. I. in Appendix pag. 48. that none was then impeached for moving that Question And it is to be noted that they resolved that the Adjournment may be by Commission but did not resolve that it may be by a verbal Command signified by another and it derogates not from the King's Prerogative that he cannot so do no more than in the Case of 26 H. 8. c. 8. that he cannot grant one Acre of Land by Parol The King himself may adjourn the House in Person or under the Great Seal but not by verbal Message for none is bound to give Credit to such Message but when it is under the Great Seal it is Teste meipso And if there was no legal Command then there can be no Contempt in the Disobedience of that Command In this Case no Contempt appears by the Information for the Information is that the King had Power to adjourn Parliaments Then put the Case the Command be that they should adjourn themselves this is no Pursuance of the Power which he is supposed to have
de Concilio tempore Parliamenti pro Reditu unius Domus in London Rex respondet non videtur honestum quòd illi de Concilio suo di stringantur Tempore Parliamenti sed alio Tempore c. Bogo de Clare and the Prior of Trinity Ibid. Townso Col. 255. Sir Simon d'Ewe's Jour 655. Col. 1 flys he was fined 20000 Marks 4 iust 24. for serving a Citation on the Earl of Cornwall in the Time of the Parliament committed to the Tower and Bogo at whose Procurement it was done fined in two thousand Marks to the King and a thousand Pounds to be paid to the Earl And yet the serving of the said Citation did not arrest or restrain his Body and the same Privilege holdeth in Case of Subpoena or other Process out of any Court of Equity Rex mandavit Justiciariis suis ad Assisas Ibid. c. quod super sedeant captioni corundem ubi Comites Barones alii Summoniti ad Parliamentum Regis sunt Partes quamdiù dictum Parliamentum duraverit A Citation shall not be served on any Member Ibid. Vid. Sir Sir Simon d'Ewe's Jour 435. Col. 1. Ibid. Scobol 110. Vid. Sir Simon d'Ewe's Jour 249. Col. 2. nor Subpoena Divers Persons committed to Prison for serving a Citation on John de Thorsby Clerk of the Parliament 22 Febr. 6 Ed. 6. Ordered If any Member require Privilege for himself or his Servant upon Declaration thereof to the Speaker he shall have a Warrant sigu'd by the Speaker to obtain the Writ 22 Martii Scobel 110. 18 Jac. 1. It was resolved That no Protection under any Man's Hand of this House is good 29 Jan. 1557. Id. 89. 4 5 Ph. Mar. Thomas Ennys Burgess for the Borough of Thrusk complained that a Subpoena was delivered him to appear in Chancery and required the Privilege of the House whereupon Sir Clement Higham and Mr. Recorder of London were sent to the Lord Chancellor to revoke the Process 27 Eliz. One Kyrl having caused a Subpoena out of the Star-Chamber to be served on a Member of the House of Commons and for want of Appearance Id. 90. Vid. Towns Col. 213. Sir Simon d'Ewe's Jour 438. Col. 1 2. taken out an Attachment and inforced the Payment of Money to discharge the same the said Kyrl was committed till he had paid Costs to the Party served and made a Submission to the House on his Knees at the Bar. 15 Maii 1604. Scobel 90 The Serjant was sent to attach the Body of one who served a Subpoena on the Person of Sir Robert Needham a Member 7 May 1607. Ibid. The Serjeant was sent for Edward Throgmorton for serving a Subpoena on Sir Oliver Cromwel 14 Maii 19 Jac. 1. Id. 91. 1. Upon Complaint of the Service of a Subpoena on a Member of this House Sir Edward Coke vouched a Precedent 10 Ed. 3. That a Subpoena being served on the Clerk of this House the Party was committed for breaking the Privilege of this House 4 Maii 1607. Ibid. A Subpoena out of the Exchequer being served on Sir R. Pawlet a Member the House granted Privilege and ordered the Serjeant by his Mace to attach the Parties delinquent and to bring them to the Bar to receive the Judgment of the House And the next Day Mr. Speaker writ a Letter to the Lord Chief Baron That no further Process do issue against the said Sir R. Pawlet 3 Dec. 19. Ibid. Jac. 1 Upon occasion of a Subpoena served on Mr. Brereton it was agreed by the whole House That the serving of a Subpoena upon a Member of this House knowing him to be a Parliament-Man is a Breach of Privilege and Napper who served the Subpoena was committed 39 Eliz. Mr. Combs and Mr. Henry Powle Towns Col. 109. Vid. Sir Simon d'Ewe's 546. Col. 2. Members of this House being served with a Subpoena ad testificandum by Mrs. Ann Wye the Serjeant of the House was ordered to bring in the said Ann to appear in this House to answer the Contempt 43 Eliz. 1601. Id. 212 213 214. A Subpoena ad testificandum served on Mr. Johnson and other Members Agreed That the Serjeant be sent to arrest all those to appear that had procured the Subpoena to answer their Contempt with all Speed 44 Eliz. 1601. Id. 246. Sir Simon d'Ewe's Jour 651. Col. 1. Id. 257. Sir Edmond Morgan a Member of this House was served with a Subpoena at the Suit of one Lemney who was sent for by the Serjeant And because Christopher Kennel who served it professed Ignorance he was only adjuged to three Days Imprisonment in the Custody of the Serjeant and to pay his Fees The same Order with William Mackerless Ibid. Vid. Sir Simon d'Ewe's Jour 656. who served a Subpoena on Mr. Pemberton a Member at the Suit of one Mackerness 44 Eliz. 1601. Mr. Philips Col. 1 2. Sir Simon d'Ewe's Jour 655. Col. 1 2. a Member of the House was served with a Privy Seal out of the Court of Wards by one Thomas Dean Servant to Mrs. Chamberlain a Widow The House ordered that she and her Servant should be sent for by the Serjeant Vide plus de hi Sir Simon d'Ewe's Journal 637. alibi passim 33 Eliz. The Sheriffs of London were fined by the Commons Scobel 92. and sent to the Tower for not delivering a Burgess arrested for Debt sitting the Parliament 6 April 1593. The Serjeant at Mace Id. 921 Vide Sir Simon d'Ewe's Jour 519. who arrested Mr. Neal a Member upon on Execution and Weblyn at whose Suit he was arrested were brought to the Bar and both committed Prisoners to the Tower and the Serjeant at Arms attending this House was ordered to deliver them over to the Lieutenant of the Tower 13 Maii 1607. Ibid. Nicholas Allen an Attorney and Palmer at whose Suit Mr. Martin a Member was Out-law'd ordered to be sent for by the Serjeant and brought to the Bar to answer their Contempt An Attachment for Contempt being taken out of Chancery against Mr. Belingham Ibid. a Member the House ordered to have Privilege and a Letter to be sent to Mr. Evelyn one of the six Clerks to stay the Suit Upon a Writ directed to the Sheriff to levy twenty Pounds Issues upon Sir Robert Oxenbridge Id. 93. for Non-Appearance it was ordered That if the Issues were not discharged before that Night the Parties deliquent to be brought next Day to the Bar by the Serjeant 14 Maii Ibid. 1576. Sir Edward Montague a Member of the House was warned to attend a Trial in London which was to be had against him and was by Order of the House privileged and the Party that gave the Warning was summoned to appear at the Bar next Morning 21 Febr. 1588. Id. 94. Vide Sir Simon d'Ewe's Jour 436. Col. 1 2. Ordered That those Members of the House who have Occasion of Privilege Writs of Nisi priùs being brought against them do declare their Case to the Speaker who thereupon shall direct the Warrant of this