Selected quad for the lemma: lord_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
lord_n	bill_n	house_n	pass_v	12,480	5	7.4741	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A54636	Miscellanea parliamentaria containing presidents 1. of freedom from arrests, 2. of censures : 1. upon such as have wrote books to the dishonour of the Lords or Commons, or to alter the constitution of the government, 2. upon members for misdemeanours, 3. upon persons not members, for contempts and misdemeanours, 4. for misdemeanours in elections ... : with an appendix containing several instances wherein the kings of England have consulted and advised with their parliaments 1. in marriages, 2. peace and war, 3. leagues ... / by William Petyt of the Inner-Temple, Esq.	Petyt, William, 1636-1707.	1680 (1680)	Wing P1948; ESTC R15174	115,975	326

said Burgess without any Writ or Warrant had for the same but only as afore Albeit the Lord Chancellor offered there to grant a Writ which they of the Common House refused being in a clear opinion that all Commandments and other Acts proceeding from the Nether House were to be done and executed by their Serjeant without Writ only by shew of his Mace which was his warrant But before the Serjeants return into London the Sheriffs having intelligence how heinously the matter was taken became somewhat more mild so as upon the said second demand they delivered the Prisoner without any denial But the Serjeant having then further in commandment from those of the Nether House charged the said Sheriffs to appear personally on the morrow by eight of the Clock before the Speaker in the Nether House and to bring thither the Clerks of the Compter and such other of their Officers as were parties to the said affray and in like manner to take into his custody the said White which wittingly procured the said Arrest in contempt of the Priviledge of the Parliament Which Commandment being done by the said Serjeant accordingly on the morrow the two Sheriffs with one of the Clerks of the Compter which was the chief occasion of the said affray together with the said White appeared in the Common House where the Speaker charging them with their Contempt and misdemeanour aforesaid they were compelled to make immediate Answer without being admitted to any Councel albeit Sir Ro. Cholmley then Recorder of London and other the Councel of the City there present offered to speak in the Cause which were all put to silence and none suffered to speak but the parties themselves Whereupon in conclusion the said Sheriffs and the same White were committed to the Tower of London and the said Clerk which was the occasion of the Fray to a place there called Little Ease and the Officer of London which did the Arrest called Tailor with four Officers to Newgate where they remained from the 28. until the 31. of March and then they were delivered not without humble suit made by the Mayor of London and other their Friends And forasmuch as the said Ferrers being in Execution upon a Condemnation of Debt and set at large by Priviledge of Parliament was not by Law to be brought again into Execution and so the party without remedy for his Debt as well against him as his principal debtor after long debate of the same by the space of nine or ten days together at last they resolved upon an Act of Parliament to be made and to revive the Execution of the said Debt against the said Welden which was principal debtor and to discharge the said Ferrers But before this came to pass the Common House was divided upon the Question but in the conclusion the Act passed for the said Ferrers who won by 14. Voices The King then being advertized of all this proceeding called immediately before him the Lord Chancellor of England and his Judges with the Speaker of the Parliament and other the gravest persons of the Nether House to whom he declared his opinion to this effect First commending their wisdom in maintaining the Priviledges of their House which he would not have to be infringed in any point alledged that he being Head of the Parliament and attending in his own person upon the Business thereof ought in reason to have Priviledge for Him and all his Servants attending there upon Him so that if the said Ferrers had been no Burgess but only his Servant that in respect thereof he was to have the Priviledge as well as any other For I understand quoth he that you not only for your own persons but also for your necessary Servants even to your Cooks and Horse-keepers enjoy the said Priviledge in as much as my Lord Chancellor here present hath informed us that he being Speaker of the Parliament the Cook of the Temple was Arrested in London and in Execution upon a Statute of the Staple And forasmuch as the said Cook during the Parliament served the Speaker in that Office he was taken out of Execution by the Priviledge of the Parliament And further we be informed by our Judges that we at no time stand so highly in our Estate Royal as in the time of Parliament wherein We as Head and You as Members are conjoyned and knittogether into one Body politick so as whatsoever offence or injury during that time is offered to the meanest Members of the House it is to be judged as done against Our Person and the whole Court of Parliament which Prerogative of the Court is so great as our learned Councel informeth us as all Acts and Processes coming out of any other Inferiour Courts must for the time cease and give place to the Highest And touching the party it was a great presumption in him knowing our Servant to be one of this House and being warned thereof before would nevertheless prosecute this matter out of time and therefore was well worthy to have lost his Debt which I would not wish and therefore do commend your Equity that having lost the same by Law have restored him to the same against him who was his Debtor and this may be a good example to others not to attempt any thing against the Priviledge of this Court but to take the time better Whereupon Sir Edward Mountague then Lord Ch. Justice very gravely declar'd his opinion confirming by divers reasons all the King had said which was assented unto by all the residue none speaking to the contrary The Act indeed passed not the Higher House for the Lords had not time to consider of it by reason of the Dissolution of the Parliament Because this Case hath been diversly reported as is commonly alledged as a President for the Priviledge of the Parliament I have endeavoured my self to learn the truth thereof and to set it forth with the whole circumstances at large according to their instructions who ought best both to know and remember it 4. Ed. VI. Eight years after the Case of Ferrers Withrington having made an Assault upon Brandling Burgess for Newcastle the Parl. being near an end the Com. sent Withring to the Councel Die Jov. 7. Apr. an praedict The Bill for Mr. Brandling's Complaint sent from the Lords of the Privy Councel again to be ordered by this House according to the Antient Custom of this House Whereupon the Bill was read in the presence of Henry Witherington who was sent to the Lords from this place who confest that he began the Fray upon Mr. Brandling whereupon the said Henry is committed to the Tower of London Some few Presidents against such as have wrote Books to the dishonour of the Lords and Commons and Subversion of the Government The Case of Arthur Hall Esq UPon sundry Motions made by divers of this House It was Order'd that Arthur

this Answer not giving satisfaction the King was again petitioned unto that he would give a full and satisfactory Answer to their Petition in full Parliament Whereupon the King in Person upon the 7th of June made this 2d Answer My Lords and Gentlemen THe Answer I have already given you was made with so good deliberation and approved by the Judgments of so many wise men that I could not have imagined but that it should have given you full satisfaction but to avoid all ambiguous Interpretations and to shew you there is no doubleness in my meaning I am willing to please you in words as well as in substance read your Petition and you shall have an Answer that I am sure will please you And then causing the Petition to be distinctly read by the Clerk of the Crown the Clerk of the Parliament read the King's Answer thereunto in these words Soit droit fait come est desire §. 4. Several Miscellaneous Presidents and Orders both of the House of Lords and Commons I. A standing Order of the Commons House of Parliament touching Bills delivered to the Speaker UPon Tuesday the 15th of this instant May a Bill being offered to the Speaker of the Commons House of Parliament in his way coming towards the said House he received it and brought it in and being set in his Chair after some time did openly intimate the Head or Title of it purporting a Declaration of Treason practised by a Magistrate of this Land concealing the Name of the Man and the Particulars of the Bill adding that for special Causes he hoped they would not meddle with it or expect it should be read nevertheless the House inclined to have the Bill read but upon the said Speaker's Motion and better Consideration resolved to forbear it for that time expecting the return and reading of it when Mr. Speaker should think meet to give the House satisfaction as he promised shortly to do The next day as was afterwards informed it pleased his Majesty to send for the Bill and in respect it contained matter of personal Treason as was likewise pretended properly and only touching himself his Majesty assumed unto himself the Examination of the matter of the Bill and retained it in his own keeping In all this time the House for the more part expected an Accompt of the said Bill which was this day demanded and urged by sundry Members of this House in which Debate these Questions were handled 1. Whether the House were possessed of the Bill 2. What might be called possession of a Bill 3. Whether it might deal with Treason 4. Examine commit and proceed to Judgment upon Traitors and with what kind of Treason and Traitors 5. And lastly Whether a Speaker receiving a Bill and reading the Title may deliver it to any without special allowance and leave of the House Hereupon it was finally Resolved and Ordered that for this time all Questions should cease touching these matter with this caution and care proceeding from a tender regard of the priviledge of this House that it should be precisely Registred as the Judgment of the House that no Speaker from henceforth should deliver a Bill whereof the House standeth possessed to any whomsoever without allowance and leave as aforesaid but that he had Power and might either shew it or deliver a Copy If it seems meet unto him Who by way of excuse Answered that a Message was delivered unto him by a great Lord from his Majestie commanding him to send the Bill unto him and that he was warranted by former Presidents to shew the Bill to the King when he was Commanded As in the Case of Mr. Morrice Mr. Wentworth 25. Eliz. Many Motions ensued in this matter by Mr. Sollicitor Sir Herbert Crofts Sir Francis Bacon Mr. Brooke Mr. Wiseman Sir William Fleetwood Mr. Crewe Mr. Martin Sir Henery Beaumont Sir Maurice Berkley Sir William Strowd Mr. Yelverton Sir Thomas Hobby Much Exceptions against the Presidents Injurious that any Speaker should deliver a Bill to the King without the privity of the House No Bill whereof the House is possessed to be delivered to the King or any other without notice and leave of the House We loose our priviledge if we loose our Bill Mr. Speaker to pray Access to the King himself and in the name of the House to desire the Bill from his Majestie No possession of a Bill except it be delivered to the Clerk to be Read If the Speaker Read Title in his Chair as he did in this Case a possession Jones the Prisoner to be sent for hither and to attend his discharge from the House That the Prisoners Committed by us cannot be taken from us and Committed by any other An Order moved and Agreed that no Bill whereof the House is clearly possessed be delivered to any before the House have notice and give leave Admitted that a Copy may be delivered or it may be shewed to his Majestie II. Mr. Speaker declared to the House a Message from the King The Message was to this effect That his Majestie having entred into a Princely Consideration of the weight of the great Cause in hand as also of the great worth and sufficiency of those Gentlemen that have Spoken and Dealt in it he was to put them in mind that the Writ of Summons that called them thither was to consult de arduis Regi That every Man did serve for a Town or a Shire that his attendance and service of the House was a great duty and that the departure of any Member of this House was a greater contempt than any Nobleman's departure who served only for himself that therefore he wished and advised that no Lawyer or other Member of Note might depart the House until this great Matter were brought to more ripeness and perfection and if the House would enter into course for the stay of them here or for the recalling of those that be absent his Highness would assist them by his Proclamation or otherwise as they should conceive fittest It was hereupon moved that many have Tryals at the Assizes who by their absence might receive prejudice if some course were not taken to prevent it Propounded that Letters might be writ by Mr. Speaker to the Justices of Assize for stay of Proceedings against any man that would require it which was approved and resolved by the House Mr. Speaker moveth that a time might be appointed for the Calling of the House and a punishment agreed on for the absent Others that the House might first be Called and then a punishment thought on That the House being Called the Serjeant might be sent for those which were found absent That a Law might be thought of to provide for this Mischief hereafter These Motions ended in these three Questions which by direction was made by Mr. Speaker viz. 1. Whether the House

the Writ divers proposals made but at last resolved to present it to the House without any Opinion of theirs touching the Offence and Error of the Lord Keeper was directed to report the whole Narrative to the House Mr. Brook said he had never any person in admiration for advantage had read the Law there is a Market overt of the Law the Common Pleas and the Chancery the Shop of Justice the Chancery First No doubt it 's a great fault to deny an original Writ in the Chancery but not so much as to deny a Fine in the Common Pleas just Excuse and the offer of Amendments doth much extenuate the Offence which is but singular the Lord Keeper might do this to vindicate his Right from the Vsurpation of the Court of Wards it cannot stand with the Gravity of this House to transmit it a man for one single offence this will be admonition enough to him that it hath been thus agitated in this House Sir James Parrot argued the offence of the Lord Keeper in the denial of an original Writ some Excuses are alledged First done within a short time after he came in ignorantia Juris in a Judge Another Excuse offered a Contention between two Courts this rather aggravates than extenuates his offence being his own Case he ought not to have stayed Justice this thought a sole fault yet a great fault But he thinks it not a sole fault He is informed that there are more Faults of the like kind objected to the Lord Keeper Proposed To have that examined then it will be a sole fault two other Petitions before the Committees before the Lord Keeper of Mrs. ' Thomas and Sir Francis Fuliambe to have these two fully heard tomorrow and then to grow to a Resolution of this in the mean time to have the Cursitor examined about the other whether another Quare impedit or Ne admittas was not denied Sir Thomas Hobby moved to begin in order with the parts of the Reports First To the Writ that which is amiss in the Inheritance and then to consider of the Faults to have the Bill read Mr. Price alledged no corruption nor ill intention appears in the Lord Keeper a difference between things evil in themselves and evil by success the Lord Keeper came young to his Place and from a strange speculation and found this President therefore to have some course taken to right the Lady and to limit that vast Court Mr. Sollicitor thinks the Answer of the Lord Keeper's very fair and satisfactory if it be rightly understood and so the Debate went off XII Sir Edward Cook reports from the Committee of Grievances a Complaint against the Bishop of Norwich the charge is great and strange consisting of four parts First the City of Norwich having 34 Parishes he sent for the Preachers of the City and told them they had preaching enough and the morning preaching needless wished them to cease the Mornings Exercise this aggravated by divers Circumstances a Letter written to him by the Metropolitan about the Kings pleasure for preaching after this his Inhibition the Cathedral Church the Elbow of the City not above 2000 can hear yet all to come thither above 20000 people in Norwich The second There came up Images and Crucifixes counted Laymens Books and the Lord Bishop blessed those that set up those Ornaments a Dove in the Font fluttering over the water to sanctifie it Rot. Parl. 18 E. 3. num 32 33 34. the Commons dealt with the Provisors they complained they had not Spiritual food for Cardinals put into Churches Shoemakers and Taylors 50 E. 3. called bonum Parliamentum a complaint of the Popes usurpation not feeding the Flock Rome called the Sinful City and that all the Ill that hath befaln this Kingdom hath come from thence 17 R. 2. num 22. 11. H. 4. and a great many more Presidents so that this complaint is proper for this place The third was Extortion by orders of the Archbishop and by their own Canons the Iees set down these very much exceeded 4. Old Institutions now registred which is very dangerous for disherisons They have not heard his defence 40 E 3 inter Brevia a complaint against the Bishop of Hereford for Non-residency not lying within his Diocess all Bishops ought to be Resident unless they be in the Kings Service where the People are not taught the King hath but half Subjects the readiest way to make Rebellions The Committee thought it worthy to be transmitted up to the Lords Resolved upon Question without a Negative That this matter shall be transmitted up to the Lords Sir Edward Cook to do it and a Message to be sent to the Lords for a Conference about it The Commons desire their Lordships for a Conference touching some Accusations against the Lord Bishop of Norwich unto which his Lordship hath not yet been heard Humbly leaving the time and place to their Lordship The Lords appointed the 15 th of this Month to confer with the Commons touching their Complaint against the Lord Bishop of Norwich being returned the Lord Arch Bishop of Canterbury reparted the same to the House to this effect viz. That the Commons had received of Complaint exhibited by the Citizens of Norwich against the said Lord Bishop and to shew that it was ordinary for the Commons to complain of the Governours of the Church divers Records of Parliament were cited viz. Anno 25 E. 3. 17 R. 2. and 11 H. 4. all which were cited to satisfie tacite objectionis for their medling with a cause of this nature That the charge against the Lord Bishop consisted of six parts 1. That he inhibited or dishartned Preachers on the Sabath day in the Forenoon 2. That Images were set up in the Church and one of the Hoey Ghost fluttering over the Font and a Marble Tomb pulled down and Images set down in the room and the Bishop blessed them that did it 3. That he punished those that Prayed not toward the East 4. That he punished a Minister for Chatechising his Family and Singing of Psalmes 5. That he used Extortion many ways 6. That he did not enter Institutions to the prejudice of Patrons For the first it was said that there was 34. Churches in Norwich and in those Parishes 30 or 40000 People That the Lord Bishop sent for the Preachers by Apparitor and told them there was no need of Preaching on Sunday in the Forenoon except in the Cathedral Church where 2 or 3000 only could hear many dwelling three quarters of a Mile off and many being old and not able for their Age to come so far That this Inhibition was when the King had commanded more Preaching That his Lordship connived at Recusants All which was to the disheartning of good Professors It may be objected his Lordship allowed of Catechizing ergo no Preaching

Majesties Command inrolled in the Courts of Chancery Kings-Bench Common-Pleas and Exchequer and likewise entered among the Remembrances of the Court of Star-Chamber And according to the said agréement of the said Justices and Barons Judgment was given by the Barons of the Exchequer That the said John Hampden should be charged with the said Sum so assessed on him And whereas some other Actions and Process depend and have depended in the said Court of Exchequer and in some other Courts against other persons for the like kind of Charge grounded upon the said Writs commonly called Ship-Writs All which Writs and Proceedings as aforesaid were utterly against the Law of the Land Be it therefore Declared and Enacted by the Kings most Excellent Majesty and the Lords and Commons in this present Parliament assembled and by the Authority of the same That the said Charge imposed upon the Subjects for the providing of Ships commonly called Ship-meony and the said extrajudicial Opinion of the said Justices and Barons and the said Writs and every of them and the said Agreement or Opinion of the greater part of the said Justices and Barons and the said Judgement given against the said John Hampden were and are contrary to and against the Laws and Statutes of this Realm the right of Propeety the Liberty of the Subjects former Resolutions in Parliamrnt and the Petition of Right made in the the third year of the Reign of His Majesty that now is And it is further Declared and Enacted by the Authority aforesaid That all and every the particulars prayed or desired in the said Petition of Right shall from henceforth be put in Execution accordingly and shall be firmly and strictly holden and observed as in the same Petition they are prayed and expressed And that all and every the Records and Remembrances of all and every the Judgments Inrollments Entry and Proceedings as aforesaid and and every the Proceedings whatsoever upon or by pretext or colour of any of the said Writs commonly called Ship-Writs and all and every the Dependents on any of them shall be deemed and adjudged to all Intents Constructions and Purposes to be utterly void and disanulled and that all and every the said Judgment Inrollments Entries Proceedings and Dependents of what kind soever shall be vacated and cancelled in such Manner and Form as Records use to be that are vacated FINIS By reason of the hast and throng of the Press the Reader is desired to correct those Errata in the Book pa. 85. ommons r. Commons pa 119 in Mar. for Witnesses r. Members pa. 137. for § 4 r. § 5 p. 185. in Mar. for Sir Cooke r. Sir Edward Cooke Errata in the Appendix pa. 3. l. 19. proditoriae r. proditorie n. 29. in Mar. H 5 r. H. 6. n. 35. the next p. l. 15. Archeipis r. Archiepo l. 19. Universitatis r. Vniversitas p. 29. l. 4. for sive r. sine l. 13. praedica vistis r. praedicavistis p. 30. l. 15. tacites r. tacite The Antient Right of the Commons of England Asserted or a Discourse proving by Records and the best Historians that the Commons of England were ever an Essential Part of Parliament By William Petyt of the Inner-Temple Esq JANI ANGLORUM Facies Nova Or several Monuments of Antiquity touching the Great Councils of the Kingdom and the Court of Kings immediate Tenants and Officers from the first of William the first to the forty ninth of Henry the Third Reviv'd and Clear'd Wherein The sense of the Common-Council of the Kingdom mentioned in King John's Charter and of the Laws Ecclesiastical or Civil concerning Clergy-men's Voting in Capital Cases is submitted to the Judgment of the Learned Apud Foxum vol. 2. col 3. 4 The Bishop of Winchester's Letter to the Duke of Somerset Protector to E. 6. Plutatchus lib. cum Principibus Philosophos debere disputare Qui semper corrumpunt principes Reges ac Tyrannos nempe Delatores Criminatores Adulatores ab omnibus exiguntur puniunturque ut qui non in unum Calicem lethale venenum mittant sed in fontem publicitus scatentem quo vident omnes uti Quemadmodum non uno supplicio dignus est qui fontem publicum unde bibant omnes veneno infecit ita nocentissimus est qui principis animum pravis infecerit opinionibus quae mox in tot hominum permiciem redundent Nam si capite plectitur qui principis monetam vitiarit quanto dignior est eo supplicio qui principis ingenium corruperit Osorius lib. 5. de Regis institutione Occurrit alia adulatorum turba prudentiae nomine commendata qui utse in gratiam Regum iusinuent illis persuadent eos esse supra leges post aliqua Nunquam in Regnis Civitatibus homines scelerati defuerunt nec hodie desunt qui principes erroribus turbulentis iuficiant quibus illi quidem annumerandi sunt qui cum se jure consultos existimari velint Regibus persuadent illos omnino solutos esse legibus Observ. 1. Cardan lib. de utilitate ex adversis capiend● cap. de Principis Incommodis p. 288. Observ. 2. Rot. Parl. 32. H 8. Act 60. The Attainder of the L. Cromwel A dangerous Boast of any one Minister Actus Parl. An 3 and 4. E. 6. no. 31. An Act touching the Fine and Ransome of the Duke of Somerset A remarkable Instance how Dangerous it is for one single Minister to have a Monopoly of the King Observ. 3. Apud Foxum vol. 2 d. Stephen Gardiner Bishop of Winchester his Letter to the D. of Somerset Protector to E. 6. Coke 4. Inst so 89. Ld. Herbert Hist. of H. 8. fo Rast. Stat. 31. H. 8. cap. 8. Observ. 4. Rastal's 3 and 4. E. 6. cap 5 Coke 3. Inst. fo 12. Rastals Stat. 7. Ed. 6. cap. 12. Out of a Paper in the hands of my good Friend Mr. John Rawley a Worthy Citizen of London Nephew and Executor to Dr. Rawley first and last Chaplain to the L. Bacon My Lord Bacons Memento Ex Journali Domus Procerum Annis 21 and 22. Jacobi Regis 14 Maii 16 24 This Bill after pass'd unto a Law Cromptons Jurisdiction of Courts p. 7 8 9 10 11. 34 H. 8. An. Dom. 1542. Breach of Priviledge Ferrers arrested going to the Parl. house The Serjeant of the Parliament sent to the Compter for him And demands the Prisoner But the Officers deny him And assault the Serjeant Breaks the Crown of the Mace strikes down his Man Complains of it to the Sheriffs and demands the Prisoner Who contemptuously reject the same The Serjeant returns and acquaints the House Who highly resent it It was ordinary for either House upon emergent occasions to give an account to each other as in the time of R. 2. H. 6. H. 8. E. 6. Queen Mary the great Officers of State as the Chancellor Treasurer c. went down to the House of Commons to give them particular accounts The Ld. Chancellor in

one Court day to another from Northampton to Rowell 10 miles off to the great hindrance of his Master and at length they enjoyned him to pay 3 s. 8 d. which for fear of Excommunication he was forced to borrow and so to pay them And she was threatned by the Chancellor that he would make her keep her Brother's Parish Church when she came to the Town 4. And because Mr. Martin and divers other Townsmen refused to give him their Voices to be one of the Burgesses of Parliament for Northampton which he would fain have obtained both by fair means and threatnings he presently cited many to the Court and there troubled them And amongst the rest the said Mr. Martin having about 3 years past by the Consent of the Minister Churchwardens and Parishioners built a Seat in the Church for his Children and Servants for their better hearing of Divine Service and Sermons was cited before him about the said Seat and the Chancellor took it away from him most unjustly having cost him 3 l. building of it and gave it to 3 of the stubbornest Fellows in the Town all opposers to Authority and one of them for his vicious life bound over to the Sessions and put out of the Common-Counsel of the Town for the same and since presented into the Spiritual Court for Incontinency with 2 Women and yet Mr. Middleton one of the Surrogates graced him publickly in that Court and said he was thrust out of the Common-Councel for his honesty Thomas Martin 15 May 19 Jac. Whereas divers Complaints have been made against John Lamb Doctor in the Civil Laws Chancellor to the Bishop of Peterborough for divers Extortions Oppressions and Misdemeanours by him and his under Officers committed in the execution of the said Office in the said Diocess and elsewhere And whereas also it is informed that you whose Names are hereafter set down can testifie mutually against the said John Lamb These are therefore by the direction and on the behalf of the said House of Commons to require you and every of you that you make your personal appearance at the said House of Commons the 29th day of this instant Month of May to testifie your knowledge in the premisses Thereof I require you not to fail as you will answer the contrary at your perils Given under my Hand this 15th day of May 1621. And it was further Ordered that Robert Sibthorp and Richard Stockwell should be sent for as Delinquents X. Mr. Glandvile reports from the Committee of Priviledges the Election of Monmouth and by an Order from the Committee Monmouth was heard yesterday And they received this morning a Petition that Mr. Walter Steward was returned and that they think his Election not good They object against him because a Scotchman and not Naturalized He forbore to come into the House till he had leave The Case of one Lennis Monck a Denizen returned and sate here and so Sir Horace Palavicino The Committee delivered no opinion in it Two Orders and two Petitions delivered in to have these heard in order as they come in Resolved that those which are already in shall be proceeded in in order as the Petitions were delivered Mr. Glandvile thinks Mr. Steward ought not to sit here because at the time of his Election he was uncapable of it he that is made a Denizen is not as an Englishman That but only personal Sir Dudley Diggs in that Parliament when Bacon Attorney was in question whether he ought to sit here or no Over-ruled he ought not yet in favour of him he was suffered to sit here and an express Order that never any other Attorney after should To do the like by this Gentleman Sir Edward Cook No Alien Denizated ought to sit here Tros Tiriusque mihi nullo discrimine habetur the other passed sub silentio Some sit here that are under age and ought not to sit here because not questioned Resolved that Mr. Steward hath dealt very worthily in forbearing to come and sit in this House Mr. Glandvile goes on with his Report Resolved upon Question the Election of Mr. Walter Steward being no natural born Subject is void and a Warrant to go for a new Writ for Monmouth XI Sir Robert Phillips reports from the Committee for Courts of Justice 3 Heads First The Petition of the Lady Darcy in it is a Recital of her Husband 's dying seised of the Mannor of Sutton in Surrey with the Advowson a Grant was made to her and another by the Court of Wards of the Body and Estate of her Son 1 Aug. 21 Jacobi the Incumbent died so she presented her Clerk to the Bishop so the Lord Keeper 3 Septemb. presented Doctor Grant the King's Chaplain She was advised to seek her ordinary Course by a Quare impedit which was denied by the Cursitor who said the Lord Keeper gave directions for it to be sued to the King desires of this Assembly to have relief this Petition was retained by the Committees Parties on both sides appeared and Councel It came into question whether an original Writ might be stayed the Lawyers vouched some Presidents for it in Chancery the Committee concluded these were not proper in the Cause and not to be followed desires an Accommodation of this Business between the Lady and the Doctor they gave a time for yet they are clearly of opinion that the Lady had lost her Right and to the Heir doubtful for him They received a Petition from Dr. Grant who made four proffers First he would willingly go to a Tryal with this Lady without taking advantage of lapse of time If that could not be he would pass an Act of Parliament to set her in statu quo 3ly would refer it to four Judges to six Lawyers of this House if they should say the Right was hers he would resign The Committee had an Answer from the Lord Keeper of two parts First for the denial of the Quare Impedit not his purpose to justifie it but to extenuate his proceedings therein A Question there was between the two Courts and no good correspondency between the Judges it was presently after his coming into the place neither corruption nor malice was in his proceedings he offered a Living equivalent of this to the Lady he would satisfie the Lady by any means this House should direct and would labour to get Grant from his Majesty to sell to the Heir he had never before nor would do the like and returned thanks to the House for their favourable Interpretation of this his Error The Lady Darcy gave a Negative Answer to all she had appealed to the House could find no better Judgement and to this she would stand The Committee took two things into their consideration the Ladies own particular and the publick For the first they thought it the safest way to put in a Bill she was satisfied with this answer For the second the denial of