be Elected to be a Member of the House of Commons in Parliament is to take before he be admitted to sit therein or have any voice as a Knight Citizen or Burgess of or in the House of Commons an Oath upon the Evangelists before the Lord Steward or his deputy that he doth testify and declare That the Queens Majesty her Heirs and Successors is the only Supream Governour of this Realm and of all other her Highness's Dominions and Countries as well in all Spirituall and Ecclesiasticall things or causes as Temporall and renounce all Foreign Jurisdiction of any Foreign Prelate Prince or Potentate whatsoever And promise that from henceforth he shall bear Faith and true Allegeance to the Queens Highness her Heirs and Successors and to his power shall assist and defend all Jurisdictions Privileges Preheminencies and Authorities granted or belonging to the Queens Highness her Heirs and Successors or united and annexed to the Imperiall Crown of this Realm Queen Elizabeth in the 31st Year of her Reign did by the advice of her Privy-Councell and of the Justices of both her Benches and other of her learned Councell prorogue and adjourn the Parliament from the 12th of November 1588. to the fourth of February then next following from which day it was continued till the Thursday following post meridiem Wherein divers of the Bishops Earls Barons Justices and masters of Chancery were Receivers and Tryers of petitions The Bishops all but 7 named each of them 2 Proctors 7 Temporall Lords sent their proxies Such as were meer attendants in the House of Peers were sometimes made joint Committees with the Lords in severall matters The Commons presenting their Speaker to the Queen he was admitted with a caution not to use in that House irreverent Speeches or to make unnecessary addresses to her Majesty and the Chancellour by Command of the Queen continuavit praesens Parliamentum usque diem Sabbati prox hora nona When the Lords sent to pray a conference with the Commons and it is assented unto one of the Judges were allways named to attend the Lords Committees In a bill for setling a jointure for the Wife of Henry Nevill Esq. Wherein all former conveyances were to be cancelled the Lords ordered that the deeds should be sealed up and brought into their house to the end that they might be redelivered again uncancelled in case the Queen should resuse to sign the Act of Parliament the House of Commons by their Speaker desired her Majesties assent to such Statutes as had been provided by both Houses Upon her gracious generall Act of Pardon les Prelats Seigneurs Commons en Parlement en nom de toutes voz autres Subjects remercient tres humblement vostre Majeste The Queens Sollicitor generall being Elected a Member of the House of Commons in Parliament they desired the Lords that he might come into the House of Commons and sit with them which was assented unto and performed In the Year 1588. and 31st of her Reign when she had most need of her Subjects aid and good will upon the Petition of the Commons against some grievances of the Purveyors and her Court of Exchecquer she answered by their Speaker that she had given orders to her Lord Steward to redress any Complaints of her purveyance and that she had as much skill and power to rule and govern her own House as any of her Subjects whatsoever to rule and govern theirs without the help of their Neighbours and would very shortly cause a collection to be made of all the Laws already made touching Pourveyance and of all the constitutions of her Houshould in that case and would thereupon by the advice of her Judges learned Councell set down such a formall plot or method before the end of that present session of Parliament as should be as good better for the ease of her subjects then what the house had attempted without her privity in which they would have bereaved her Majesty of the honour glory and commendation thereof and that she had in the 10th year of her Reign caused certain orders and constitutions to be drawn for the due course of such things in her Court of Exchequer as her Subjects seem to be grieved at And so after a Generall Pardon and some bills passed the Lord Chancellour by her Majesties command dissolved the Parliament Anno 35th the Lord Keeper by her Majesties command declared the necessity of publick aides how little the Late Subsides amounted unto by Reason of the ill gathering desired the time might not be Mispent in long orations Speeches and verbosities which some men took delight in Receivers and Tryers of Petitions were named and some Proxies delivered Their Speaker Sr Edward Coke in his Speech remembred the Queen of her speech to the last Parliament that many came thither ad consulendum qui nesciunt quid Sit consulendum and prayed that she would give her assent to such Bills as should be agreed upon The Lord Keeper in his reply alleadged that to make more laws might seem Superfluous and to him that might ask Quae causa ut crescunt tot magna volumnia legum It may be answered in promptu causa est crescit in orbe malum And after upon further instructions received from her Majesty declared that Liberty of Speech was granted but how far was to be thought on there be two things of most necessity wit and speech the one exercised in invention the other in speaking priviledge of speech is granted but you must know what priviledge you have not to speak every one what he listeth or what cometh in his heart to utter but your priviledge is to say yea or no wherefore Mr Speaker her Majesties pleasure is that if you perceive any idle heads which will not Stick to hazzard their own estates which will meddle with reforming of the Church and transforming of the Common-Wealth and do exhibit any bills to such purpose that you receive them not untill they be viewed and considered of by those who it is fitter should consider of such things and can better judge of them The daily continuing or adjorning of the Parliament was Dominus Custos magni Sigilli continuavit praesens Parliamentum After a bill for setling the lands and Estate of Sr Francis Englefeild attainted of high Treason in Parliament had been ordered by the House of Commons to be ingrossed the Lords did hear Councell on the part of Englefeilds heirs and afterwards passed it In the case of repealing of certain uses in a deed concerning the Estate of Sr Anthony Cook of Rumford in the County of Essex after the bill had been 3 times read in the House of Lords and assented unto a Proviso was added of Saving the Queens right with a note entred that it should not hereafter be used as a praecedent Acts or bills of Generall pardon do passe both Houses with once reading The Lord-Keeper by her directions
custome of the House of Lords was that when any Bills or messages were sent to them the Lord Keeper and some of the Lords were to â—rise from their places and from thence to go unto the Barr and receive the said Bills or messages but contrarywise when any answer is to be delivered by the Lord Keeper in the name and behalf of the Lords the Commons sent were to stand at the Barr and the Lord Keeper is to receive the Bills or answer the messages with his head covered and all the Lords were to Keep their places with which the Lower House was satisfied and the same order hath been ever since observed accordingly Anno 39. Eliz. There being in former times a custom in the house of Commons to have a bill read before the house did arise the same could not now be done at that time because her Majesty and the upper House had adjourned the Parliament untill Saturday Sennight at Eight of the Clock in the Morning which being signified by their Speaker he said all the Members of the House might depart and so they did Eodem Anno. At the ending of the Parliament after they had given the Queen subsidies and prayed her assent to such laws as had passed both Houses she gave the Royall assent to 24 publick Acts and 19 private but refused 48 Bills which had passed both the Houses Anno 43. Eliz. John Crook Esq. Recorder of London being chosen Speaker of the House of Commons in Parliament disabling himself desired the Queen to command the House of Commons to choose another but his excuse received no allowance The Lord Chief Justice of the Queens bench and Common pleas together with the Lord Chief Baron and Attorney Generall were ordered to attend a Committee of Lords and Bishops Sr John Popham Lord Chief Justice Francis Gaudy one of the Justices of the Kings bench George Kingsmill one of the Common pleas Dr Carew and Dr Stanhop were constituted Receivers of petitions for Gascoigne and other lands beyond the Seas Sr Edmond Anderson Lord Chief Justice of the Court of Common pleas Sr William Peryam Lord Chief Baron Thomas Walmisley one of the Justices of the Common pleas Dr Swale and Dr Hone. Tryers of petitions of England the Archbishop of Canterbury Marquis of Winchester Earls of Sussex Lord Marshall Lord Admirall and Steward of the Queens Houshold Earls of Nottingham and Hertford Bishops of London Durham and Winchester Lords Zouch and Cobham calling unto them the Lord Keeper Lord Treasurer and the Queens Serjeants at Law Great fault was found by many of the House of the factouring and bribing of too many of the Justices of the Peace and it was by one of the members alleadged that the five bills â—arely passed against Swearing Drunkenness and for the making of good Ale would be as much worth to those kind of Justices of the Peace as a Subsidy and two Fifteens Mr Conisby Gentleman Usher of the House of Peers complained that forasmuch upon the breach of any Priviledge of that House he only was to be employed and not the Serjeant at Arms the House ordered a Committee to consider of Presidents and settle it a motion was made by the Lord Keeper and approved of by the Lords that the Ancient course of the House might be kept by certifying the Excuses for the absence of any of the Peers by the Peers and not by others The House being offended with Sr Walter Rawleigh for some words and crying to the Barr Mr Brown a Lawyer stood up and said Mr Speaker par in parem non habet Imperium we are as members of one body and we cannot Judge one another whereupon it being put to the question it was resolved in the negative that he should not stand at the Barr. The Speaker of the House of Commons at the ending of the Parliament of 44. Eliz. humbly desired of the Queen that certain Acts may be made Laws by her Royall assent which giveth life unto them Unto which the Lord Keeper answered that as touching her Majesties pioceeding in the making of Laws and giving her Royall assent that should be as God directed her Sacred Spirit and delivered her Majesties commandement that as to the Commons proceedings in the matter of her Prerogative she is persuaded that Subjects did never more dutifully observe and that she understood they did but obiter touch her Prerogative and no otherwise but by humble petition but she well perceived that private respects are privately masked under publique pretences Admonished the Justices of the Peace some whereof might probably be of the House of Commons that they should not deserve the Epithetes of prowling Justices Justices of Quarrells who counted Champerty good Conscience Sinning Justices who did suck and consume the good of this Commonwealth and likewise all those who did lye if not all the Year yet at the least Three Quarters of the Year in the City of London Anno 43. Eliz. One Mr Leigh of the House of Commons complained that whilst the Speaker of the House of Commons was presented to the Queen he was denyed entrance into the House of Peers which the Lords excused by saying it was the ignorance of some of the Grooms or attendance in the choosing of a Speaker Mr Knolls the Comptroller alleaged that it was not for the State of the Queen to permit a confused multitude to speak unto her when it might often happen that one or some might move or speak that which another or some or many would contradict or not allow The Queen being sate in her State in the House of Lords the House of Commons were sent for to present their Speaker who in a modest pretence of disability prayed her Majesty to command the House of Commons to choose one more able but had it not allowed And she in her grant of freedom of speech gave a caution not to do it in vain matters verbosities contentions or contradictions nor to make addresses unto her but only in matters of consequence and prohibited their retaining or priviledging desperate debtors upon pain of her displeasure and desired a Law might be made to that purpose Which done the Lord Keeper said for great and weighty causes her Highness's pleasure was that the Parliament should be adjourned untill the Fryday following At which time the House of Commons did appoint a Minister every morning before the House sate to officiate and use a set form of prayer specially ordained to desire Gods blessing upon their Councells and preserve the Queen their Sovereign The Ancient usage of not coming into the House of Commons with spurs was moved by the Speaker to be observed others moved that they might not come with Boots and Rapiers but nothing was done therein Sr Robert Wroth a Member of the House of Commons did in his own particular offer 100 l. per Annum to the Wars Sr Andrew Noel Sheriff of Rutlandshire having returned himself to be a Knight of the shire for that
maintenance thereof against all designs and attempts of the Pope and his Adhaerents to subvert and suppress it whereby his Majesty will be much incouraged and enabled in a Parliamentory way for his aid and assistance in restoring his Royal Sister and her Princely Issue to those Dignities and Dominions which belong unto them and relieving the other distressed Protestant Princes who have suffered in the same cause 18. That his Majesty would be pleased by Act of Parliament to clear the Lord Kimbolton and the 5 Members of the House of Commons in such manner that future Parliaments may be secured from the consequence of that evil president 19 That his Majesty would be graciously pleased to pass a Bill for restraining Peers from sitting or voting in Parliament unless they be admitted thereunto with the consent of both Houses of Parliament which would have made him such a King as never was or can be found in any Christian or Heathen Kingdom or Nation and themselves such Subjects as until they could agree the matter amongst themselves or they should be couzened by some Republicans and those publick Plunderers by some Cromwel cheat those kind of extraordinary mad Men and Fools of both Sexes must have been all Kings Queens and Princes and that which they would have called their King to be but as a shadow or semblance or none at all which would have restrained the King from all power that other â—ings and Princes had to reward men of merit when as Joseph had the Honour done him by Pharaoh that they should make him ride them second Chariot and cry before him Bow the Knee and as Mordecai who had preserved King Ahashuerus Life was Arrayed with the Royal Apparel and rode upon the Horse on which the King used to ride with the Crown Royal on his Head and the Horse to be led by one oâ— his greatest Princes through the Street of the City who sh 〈…〉 Proclaim before him Thus shall it be done to the man whom the King delighteth to Honour All those or which their humble desires being granted by his Majesty they should faithfully apply themselves to regulate his present Revenue in such sort as may be for his best advantage and likewise to settle such an ordinary and constant increase of it as shall be sufficient to support his Royal Dignity in Honour and Plenty beyond the proportion of any former Grants of his Subjects of the Kingdom of his Majesties Royal Predecessors And what he owed to himself his Posterity People Prudence Honour and Dignity as to have granted what they desired they would too easily have obtained their advantages of bereaving him of his Monarchy by such their Propositions not fit to be advised and Petitions neither to be made or granted more than Pepin the Mayor of the Palace at Paris ever had when he perswaded the last King of the Merovignian Line to indulge his ease leave all his Affairs of State to his care manage which brought that Prince within a short time after to be shaved and put into a Monastery and the great Charles or Charlemain Son of Pepin established King of France or the like opportunities which Hugh Capet the Ancestor of the now King of France had by his getting the Rule and Reins of the Government into his own hands which did the like to the Family of that Great Charles and placed himself and his ever since flourishing Lineage in that Throne And would make him as small a King as Arise Evans a Fanatick Taylor in Black Fryers in London had proposed when Sir James Harrington had modelled his Government of Oceana Mr. Henry Nevil his Plato Redivivus and Mr. Charles George Cock his Houshold of God upon Earth and every one would be busy as he could in shooting of his bolt That a King should be Elected out of the Poorest sort of Men and have an 100 l. per Annum for his care and pains to be taken in the Government which would have been much better than the aforesaid 19 careful manackling Propositions when the Parliament must have been the King and the King only executive and as the Subject and the Parliament from time to time impowered to make Laws contrary to those which he and his predecessors had made and governed by and when they please is to execute quite contrary and procure a pardon when he can of God Almighty for it And having by the help of their Seditions and Rebellion gained as they hoped a new Magna Charta for themselves as representatives for the people their next care and industry were employed not only to guard and keep what they had thought themselves possessed of but to add as many more advantages unto them as the pressures and necessities of their King might join unto them and therefore when the Noble General Monke after Duke of Albemarle had by Gods mercy to King Charles the 2d under the mask of a Commonwealth by his wary conduct in almost a miraculous manner reduced the King to his Kingdoms Dominions and Monarchick Rights without as the Parliament Rebels would have perswaded him the taking of the Rebellious Covenant or the abstracting of any of his Regal Rights they did so contrive their matters as in an Act of general pardon larger than ever was granted by any of our Kings of England with some small exceptions prepared by two Serjeants at Law that had Sailed along with the Wind and Tide of that long lasting Rebellion they had bestowed upon it an especial praeamble That whereas divers Rebellions and Insurrections had been by vertue of divers Commissions of the King and of the Parliament as if any could be guilty of High Treason or other Misdemeanors or could forfeit that acted by the Kings Authority the King had pardoned all Treasons Felonies c. And as if they had nothing more to incroach upon the Monarchy did take it to be a breach of they knew not what Priviledge for their murdered King to send for a Printing-press from London to York or Oxford and the Members of the House of Commons in Parliament after that huge pardon granted by King Charles the 2d of the forfeiture of all the Lands in England which were in the Rebels possessions with all their rich Goods and Chattels together with another Act to unbastardize their Children and unadulterate their Fathers and Mothers fastened and entailed upon them by a new Fanatical way of Marriage before Justices of Peace as if they were only to part a fray or keep them from fighting for which they seemed not to be at any rest or quiet with themselves until every County City Burrough Market Town and Corporation or Company of Trade had attended his Majesty with Addresses of huge protestations of Loyalty and Obedience and the expence of their Blood Lives and Fortunes and all that could be dear unto them yet too many of them could after make their counterfeit Loyalty with promises to live and dye with him to
therefore those many Testimonies before-recited of Bractons contrary meaning if he may be as certainly he ought to be allowed to be his own Expositor may free and vindicate him from being either a Presbyterian or a Conventicler or Republican and make him to be the better believed for that he wrote that book after the 20th Year of King Henry the 3d. as will appear by his citations therein flagranti Seditione when the times were full of danger and Suspicion there were great thoughts of heart and commotions of mind and the Regall Authority was endeavoured to be depressed Lived after the 21st Year of the Reign of that King when the jealousies of that part of his Nobility which shortly after took Arms entred into an open War Rebellion against him had made him walk in that dreadfull Procession with burning Torches through Westminster-Hall to the Abbey Church or Cathedrall cursing the infringers of Magna Charta and Charta de Forestis and being a Judge Itinerant in the 51d Year of that Kings Reign was believed to have written that Book in the beginning of the Reign of King Edward the First could not be ignorant of what had been done and Transacted in the 42d Year of the Reign of King Henry the 3. in the aforesaid Provisions at a Parliament so called holden at Oxford and in the 49th Year of the Reign of King Henry the 3d during his Imprisonment by an unruly part of the Nobility But if the Earls could have been said to have been tanquam Socii fraena in Power and Authority with the King which they never were that could not Entitle the Barons who in the language of our Laws Records and Histories forreign or domestique were never called Comites or Socii of their Sovereigns But as Earls had surely something else to do and were not as Fraenas use to be Superior to Horses whose much greater strength could not otherwise be subdued by mankind to govern and rule their Sovereign as the greatly abused words of Bracton would have it when their ordinaria potestas in King Aelfreds and those elder times now very near 800. Years agoe was in Comitiis Comitativis praesidere in bellis sui Comitatus militibus imperandi in Curiasine Comitarâ— Regis conciliis publicis suorumque negotiis attendendi mandata Regia subditis suis Communicandi Rex enim ipsi Comiti in Curia sua plerunque residenti mandata detulit ille Vicecomiti his Centurionibus Centuriones decurionibus maxima cum expeditione pertulerunt And neither the Earls or Barons were or claimed to be Consortes Imperii or like the Spartan Ephori Or if the Title of Comites did or could give such a Right or Privilege unto them which may with great Evidence be utterly denied and the contrary as easily Justified the Commons or universality of the People will untill they can be so mad as to think themselves to be Earls Socii or Comites of their Kings and Princes or Barons be little the better for that mischievously overscrewed Text or words of Bracton Or The Earls or Barons being not likely in their honourable Assembly of Peers to claim or have more then a deliberative and consultive Power in matters only concerning the King and his Monarchicall Government but where it was inter Pares or amongst themselves or by his speciall licence when at the first Coronation of King Richard the 1st the Comites Barones serviebant in Domo Regis prout dignitates eorum exigebant Die Coronationis suae Johannes Rex accinxit Willielmum Marescallum gladio Comitatus de Striguil Gaufridum filium Petri gladio Comitatus de Essex qui licet antea vocati essent Comites administrationem suorum Comitatuum habebant tamen non accincti erant gladio Comitatus ipsi illo die servierunt ad mensum Regis accincti gladiis And therein Mr Selden that Monarch of learning and Dictator of Reason is to be so interpreted as it may consist with Reason and Truth when he declared that the Lords in their deliberative or judiciall Power in the Court or House of Peers in Parliament had a Power to give or pass judgement for or against their Sovereign for that in the precedent cited by him of King Edward thr Confessors appeal or accusation of Earl Godwin in the great Councell or Parliament of that King for the death of his Brother Alfred to whom he as well as the King had appealed for Justice as the words of the judgment thereupon given against Earl Godwin and the opinion of the Lords not contradicted there mentioned as Malmesbury Hoveden Huntington Brompton and Florentius do testify was that Comes nec Baro nec aliquis Regi subditus bellum battail or single combat saith the margin a kind of tryall then much in use amongst contending private Persons where other Evidence failed contra Regem in appellatione sua de lege potest vadiare sed in toto ponere in misericordia sua emendas offerre competentes whereupon it was advised that ipsimet filius suus duodecim Comites amici consanguinei sui essent coram Rege humiliter procederent onerati cum tantum auri argenti quantum inter brachia quilibet poterit bajulare illud sibi pro suo transgresso offerendo deprecando ut ipse male volentiam suam rancorem iram Comiti condonet accepto homagio suo fidelitate terras suas sibi integre restituat retradat illi autem omnes sub ista forma thesauro se onerantes ad Regem accedentes seriem modum considerantes locum eorum sibi demonstrabant Quorum considerationi Rex contradicere nolens quicquam judicaverant ratificavit wherein the utmost use that can be made of that Action and precedent to confine the Kings judicative Power in Parliament to that of the Peers and Lords Spirituall and Temporall is that the King upon Earl Godwins answer to the Kings accusing him for the Death of Alfrred his Brother and the Earls eaecusing himself with a Domine mi Rex salva reverentia gratia vestra pace dominatione fratrem vestrum nunquam prodidi nec occidi unde super hoc pono me in consideratione Curiae vestrae was not willing to be a Judge or giue Sentence in an appeal of his own and such a Concernment as the Death of his Brother for which one of the Peers was to be Arraigned and fitter to be tryed as the Lâ—w required by his Peers which by the Ancient Custom like Trialls might be done without any derogation from the Kings higher and supreme Authority and therefore gave a leave or licence to them in that single particular or extraordidinary case to do it And our Kings and Princes to avoid the imputation of Tyranny Oppression or Partiality may be the more willing to indulge the like in all cases and matters of Attainders and forfeitures of
Burgesses resorting to continuing at and returning diversis vicibus the Parliament was thrice adjourned from one day to another before it sate by reason that sundry Sheriffs had not returned their Writs divers of the Lords and Commons were not come and there arose a great quarrell betwixt the Duke of Lancaster and the Earl of Northumberland who came attended with many Thousand armed men of his Tenants and followers to the Parliament which caused the King to adjourn it from Monday to Tuesday thence to Wednesday and from thence to Saturday untill all were come and the quarrell being pacified betwixt those great Lords from the 8th Nov. to 15 Decemb. by reason of the approach of the feast of Christmas and the Queens arrival from beyond the Seas for her intended marriage from thence to the 24th of January many of them in the mean time returning home thence untill Monday following and from that time untill the 23d of February Before the 1st Writ of Summons could be executed a 2d came to prorogue that Parliament In 7. R. 2. a Parliament being Summoned to meet at new Sarum on the 20th day of Aprill being Fryday it was twice adjourned untill the Wednesday and Thursday following because divers of the Lords were not come and many of the Sheriffs had not returned their Writs 21. R. 2. The Parliament was adjourned from Westminster to Shrewsbury began the Monday next after the Exaltation of the Holy Cross at Westminster and at Shrewsbury the 15th of St Hillary In 1st H. 4. The Writ for the Election of Commons had this clause Nolumus autem quod tu seu aliquis alius Vicecomes Regni nostri seu aliquis alius homo ad legem aliqualiter sit electus whence it was called the Lay-mans Parliament or indoctum Parliamentum By the Statute of 7 and 8. H. 4. a clause was added in the Writ Et electionem tuam in pleno Comitatu tuo factam distincte aperte sub sigillo tuo sigillis eorum qui electioni illi interfuerunt nobis in Cancellaria nostra not into the House of Commons or House of Peers ad diem locum in brevi contentum certisices indilate The Receivers and Tryers of petitions in Parliament which were nominated in the beginning of every Parliament were Prelates Nobles and Judges and sometimes the Lord Chancellour and Treasurer and if need required antiently the Clerks of the Chancery In two Parliaments of King Henry the 6th the Chancellours place was supplied by the Kings verbal Authority In 9. H. 6. The Chancellour to whom it appertained ratione officii sui to declare the cause of the Summons of Parliament being sick the Duke of Gloucester the Kings protector appointed Dr Linwood a Doctor of Civill and Canon Law to declare the cause of the Summons of that Parliament In the Title of the Act of Parliament 18. 23. 27. 31. 33. H. 6. E. 4. And 14. E. 4. It is mentioned to be by the advice and assent of the Lords Spirituall and Temporal and the Commons and in 20. H. 6. By the advice of the Lords Spirituall and Temporall and at the request of the Commons as it had been in the 25 of H. 6. where Bristoll was exempted by a Charter of King Henry the 6th from sending any more then 2 Homines or Burgesses to Parliaments 7 or 8 Ports Summoned and in like manner admitted by the only Writ to Summon the Cinque Ports 1. H. 7. Acts of Parliament were mentioned to have been made by the assent of the Lords Spirituall and Temporall and Commons 2. H. 7. By the advice of the Lords Spirituall and Temporall and Commons In 3 4. H. 7. the like 11. H. 7. By the assent of the Lords Spirituall and Temporall and Commons Anno 12 the like 19 the like In the r. 3. 4. H. 8. Acts of Parliament were said to have been made by the assent of the Lords Spirituall and Temporall and Commons and in 5. 6. 7. 14. 15. 23. H. 8. 1. H. 8. The Abbot of Crowland was licensed to be absent by the Lord Chancellour and Lord Treasurer signifying the Kings pleasure And howsoever that the Kings verbal license was sufficient yet they that had obtained that favour had for the most part a formal license under his hand and if not ready to be produced testimonialls thereof by some Lord or others that could witness it And so continued untill 28 or 31. H. 8. But afterwards neither licenses or testimonialls were required only it satisfied that the proxies or procurations mentioned the Kings license which no man could be presumed to do unless he had had it Anno 1. Henrici 8. Ex mandato Domini Regis Quia Domini Spirituales absentes in convocatione occupati sunt continuavit Parliamentum usque in diem Crastinum the Lord Chancellor being then a Bishop and absent also and although some one or two of the Temporall Lords then sate in the House of Peers it was but to receive Bills Which continued untill 7. H. 8. In which Year the Lord Chancellour did the day before continue the Parliament unto the day after In the same Year 30 November Dominus Cancellarius propterea quod Domini Spirituales in convocatione in crastino die occupandi continuavit praesens Parliamentum usque in diem lunae and many of the Parliament Rolls and Journalls of King Henry the 8th being not to be found And from the 17th H. 8. untill the 25th there does not appear to have been any Journalls although severall Parliaments sate in the 21. 22. 23. 24 Years of his Reign 20. H. 8. No mention was made of the advice or consent of the Lords Spiritual and Temporall or Commons The like in 25 and 26. 27. 28. 31. H. 8. 25. H. 8. There is a memorandum in the Journalls of the House of Peers Decretum est quod Domini Spirituales in convocatione diebus Martis Veneris prox sequen ex tunc die Veneris donec secus melius videtur versari possent proceres sequentibus diebus sine impedimento quotidie circa dimiâ—ietat horae octavae ante meridiem in locis consuetis simul convenirent ad tractandum consulendum circa Republicae negotia And after in the same Parliament the Fryday was changed into the Wednesday in every week Eodem Anno In the Reign of H. 8. Wednesday being a Starr-Chamber day and Friday a convocation of the Bishops of the house of Peers was by the Chancellor adjourned to the Saturday following and in Queen Elizabeths days when the Starr-Chamber days were setled to be upon Wednesdays the Parliament did not sit upon those days in the Term time which was constantly observed says Mr Elsing all the time of King James untill the 18th Year of his Reign when upon Tuesday the 24th day of Aprill upon a motion made in the House of Peers that there was a great cause in the middle
signified to the Speaker of the House of Commons that in some things they had spent more time then needed but she perceived some men did it more for their satisfaction then the necessity of the thing deserved Misliked that such irreverence was shewed towards her Privy Councellors who were not to be accompted as Common Knights and Burgesses of the House that are Councellors but during the Parliament whereas the others are standing Councellors and for their Wisdom and great service are called to the Councell of State Had heard that some men in the case of great necessity and aid had seemed to regard their Country and made their necessities more then they were forgetting the urgent necessity of the time and dangers that were now eminent she would not have the people feared with reports charged them that the Trained Bands should be ready and well supplied thanked them for their subsidies and assured them that if the Coffers of her Treasure were not empty and the revenues of the Crown and other Princely ornaments could supply her wants and the charge of the Realm she would not in the words of a Prince have now charged them or accepted what they gave After which the Queen sitting in her Chair of State amongst other things speaking of the injustice of the King of Spains Wars and the Justice of her own said I heard say that when he attempted his last Invasion some upon the Sea coast forsook their Towns flew up higher into the Country and left all naked and exposed to his entrance but I swear unto you by God if I knew those persons or any that shall do so hereafter I will make them know and feel what it is to be so fearfull in so urgent a cause Declared unto them that the subsidy which they gave her was not so much but that it is needfull for a Prince to have so much allways lying in her Coffers for your defence in time of need and not to be driven to get it when we should use it Upon which the Clerk of the Parliament having read the Queens acceptance and thanks for the subsidies given did upon the reading of the pardon pronounce the thanks of the House in these words les Prelates Seigneurs Communes en ce Parlement assembles au nom de toutz vous autres Subjects remerc erent tres humblement vostre Majesty prient a Dieu que il vous donne en sante bonne vie longue The assent of the Sovereign is never given to a bill of subsidy because it is the guift of the Subject nor to an Act of generall pardon for that is the Kings free guift after which ended followed the dissolution of the Parliament in these words Dominus Custos magni sigilli ex mandato dominae Reginae tunc praesentis dissolvit praesens Parliamentum The names of the Knights Citizens and Burgesses are at the beginning of the Parliament delivered to the Clerk of the Crown who always attends in the House of Lords and entred into his book After the Lord Keepers speech ended her Majesty calling him unto her commanded him to give the Lower House Authority to choose their Speaker and present him the Thursday following unto which day he adjourned the Parliament At which day Sr Edward Coke Knight being chosen and admitted Speaker the Queen allowed his petitions for access unto her Majesty privileges and liberty of speech with a caution that they should not speak irreverently either of the Church or State and then the Lord Keeper by the Queens command adjourned the Parliament untill the Saturday following When the House of Commons being again assembled Mr Peter Wentworth and Sir Henry Bromley delivered a petition to the Lord Keeper therein desiring the Lords of the Upper House to be supplicants with them of the Lower unto her Majesty for the entailing of the Succession to the Crown whereof a bill was ready prepared With which her Majesty being highly displeased charged the Councell to call the parties before them whereupon Sr Thomas Heneage sent presently for them commanded them to forbear going to the Parliament and not to go out of their severall lodgings and the day after they were called before the Lord Treasurer Burleigh the Lord Buckhurst and Sr Thomas Heneage who informing them how highly her Majesty was offended told them they must needs commit them Mr Wentworth was sent prisoner to the Tower Sir Henry Bromley and one Mr Stevens to whom he had imparted it and Mr Welch the other Knight of the shire for Worcestershire to the Fleet. A bill being offered by Mr Morris Attorney of the Court of Wards against the usage of Ecclesiasticall discipline by the Prelates with an intent that the House might be suitors to her Majesty to allow it he was sent for to the Court and committed to the keeping of Sir John Fortescue a Parliament man And she sent for the Speaker and by him sent a message to the House of Commons which he did not omit to deliver in her very words that it was in her and her power to call Parliaments it was in her power to end and determine the same and it was in her power to assent or dissent to any thing done in Parliament And her Majesties pleasure being by the Lord Keeper delivered unto them that it was not meant that they should meddle with matters of State or causes Ecclesiasticall she wondred that any should be of so high a Commandment to attempt a thing contrary to that which she had so expressly forbidden and therefore with this she was highly displeased and charged the Speaker upon his Allegeance that if any such bill be exhibited not to receive it An Act was sent up by the Commons to the Lords who amended somewhat therein but what they amend cannot be altered by the Commons but the Lords will give their reasons for such their amendment The Commons complaining of a Breach of Privilege that the Lord Keeper did in the behalf of the Lords give answers unto their messages and did not come down unto hose that were sent to the Bar after a great debate and much advice and consultation it was resolved that the Lord Keeper or Lord Chancellour ought to sit in his place covered when he gave them answers and that if it had been lately otherwise done it was by error and mistake but ought not which then Lordships by Mr Attorney Generall and Serjeant Harris signifying to the Lower House desired them to send some of their House to receive their Lordships answer whereunto they seemed to assent and returned some of their Knights and Burgesses with those that beâ—ore demanded satisfaction to receive their answer which being declared unto them they by the mouth of Sr William Knolles one o◠〈◊〉 House of Commons protested that they had no Commission to receive an answer in that form after which upon a conference betwixt both Houses upon great debate and arguments it was resolved that the order and
Soveraigns privity or order being far without the Bounds or reach of their Commission or purpose of it and an incroachment upon the regall power was in the House of Commons in Parliament used until the Late distemper thereof or for their late Speaker Mr Williams when Sr Robert Peyton one of their Members was for some matter which they would create to be criminall brought upon his knees and adjudged to be expelled the House and to receive his sentence from their Speaker in no smoother an expression or language then Go thou cursed thou worst of men the House of Commons hath spewed thee out when they and others may know that the House of Peers do never use by themselves to exclude any of their members without the order and concurrence of their Sovereign and in case of Treason Upon the great debate of Monopolies as they called them granted by the Queen a list being brought into the House she having notice thereof sent for the Speaker and declared unto him that for any patents granted by her whereby any of her Subjects might be grieved or oppressed she would take present order for reformation thereof her Kingly Prerogative was tender and therefore desired them not to speak or doubt of her carefull reformation but that some should presently be repealed others suspended and none put in execution but such as by a Tryall at Law should appear to be for the good of the people which he reporting to the House to his unspeakable joy as he said and comfort but thereupon Secretary Cecill said that there was no reason all should be revoked for the Queen meant not to be swept out of her Prerogative And therefore gave them a caution for the future to believe that what soever is subject to a publick exposition cannot be good and said that Parliamentary matters were ordinarily talked of in the streets that the time was never more apt to disorder or make ill interpretations of good meanings and thought those persons would be glad that all Sovereignty were turned into Popularity we being here but the popular bouch and our liberty but the liberty of the Subject if any man in the House speak wisely we do him great wrong to interrupt him if foolishly let us hear him out we shall have the more cause to tax him and I do heartily pray that no member of this House may plus verbis offendere quam concilio inuare Mr Francis Moore moved that the Speaker in the name of the House might give thanks to her Majesty for setting at liberty her Subjects from the thraldom of those monopolies and crave pardon for any extravagancy of words in that House Mr Wingfield wept and said his heart was not able to conceive or his tongue express the joy that he had in that message but his opinion and Mr Francis Moore and Mr Francis Bacon's were against the making of the Apology for that would be to accuse themselves of a fault when they had committed none and being put to the vote it was by the whole House agreed that the Speaker should return the Queen their humble thanks Mr Donald wished that her gracious message might be recorded in their books others that it might be in Letters of Gold others in their Hearts Mr Secretary Cecill said there is not any soul living deserves thanks in this cause but our Sovereign Mr Francis Bacon said he had served as a member in 7 Parliaments and never knew but two committed to the Tower the one was Mr Arthur Hall for saying that the Lower House was a new Person in the Trinity and the other was Parry for making a seditious speech in the House When the thanks were given by the Speaker she said She was the person that still yet under God had delivered them and trusted that by his Almighty power she should be the Instrument to protect them Declared to the Speaker of the House of Commons that she rejoyced not so much to be a Queen as a Queen over so thankfull a people Sir George Belgrave was complained 〈◊〉 for procuring himself to be elected Burgess of Leicester by appearing in a blew coat with the Earl of Huntingtons cognisance for which the Queens Attorney Sr Edward Coke exhibited in the Earl of Huntingtons name an Information at the Queens suite in the Star-Chamber Mr Bacon said there never were but 2 articuli super chartas the one when the Sword was in the Commons hands the other Articuli Cleri when the Clergy of the land bore sway Some bill being brought in concerning monopolies which had been formerly by the Queen redressed Sr Edward Hobby said If we will be dealing herein by petition will be our only course this is a matter of Prerogative and this no place to dispute it Upon the bill concerning the transport of Iron ordnance Mr Cary said we take it for an use in the House that when any great and weighty matter or bill is here handled we straightway say it toucheth the Prerogative and that must not be medled withall and by that we come here to do our Country good bereave them of that good help we might administer unto them To which Mr Speaker replyed qui vadit plane vaditâ—sane let us lay down our griefs in the preamble of the bill and make it by way of petition Mr Francis Hastings said How swiftly and sweetly her Majesty apprehended our griefs I think there is no Subject but knoweth for us then to deal in a matter so highly touching her Prerogative we shall not only give her Majesty just cause of offence but to deny our Proceeding by bill Sr George Moor disliked the proceeding by bill Mr Laurence Hyde said that he saw no reason but we may proceed by bill and not touch her Prerogative her Majesty is not more carefull and watchfull of her Prerogative then H. 8. E. 6. were and then there was no doubt or mention made of Prerogative Mr Comptroller said in duty we should proceed to speak unto the Queen by wny of petition and not by way of bill or contestation we must note that her self and her Prerogative will not be forced and I do not hold this course by bill to fiand either with respect or duty In the debate concerning the Earl of Huntingtons bill in the Star-chamber sitting the Parliament against Sr George Belgrave for indirectly making himself a Burgess in Parliament some of the House moving for a conference with the Lords about it Mr Dale said id possumus quod dejure possumus and that the safest way would be a conference Mr Tate said it will not be good to pry too near into her Majesties Prerogative by examining Informations exhibited in the Star-Chamber Mr Cary said that the custom of the House of Commons was when they wanted any Record to send their Warrant to the Lord Keeper to grant a Certiorari to have the Record brought into the House in Ferrers case in the Reign of King Henry the
8th who being a Member of the House of Commons and Imprisoned the House of Commons made an address to the King for his release when they could not do it by their own power Mr Speaker said I am to deliver unto you her Majesties commandement that for the better and more speedy dispatch of causes we should sit in the afternoon and that about this day sennight her Majesties pleasure is this Parliament shall be ended At a conference with the Lords their Lordships told the Commons they would not have their Judgment prejudicated and in that conference of the House of Commons stiled themselves the Lower House There was saith Justice Hussey a whole Alphabet of paenall Laws in the time of King Henry the 7th Mr Mountague said The praerogative Royall is now in Question which the law hath over allowed and Maintained Serjeant Heale speaking somewhat that displeased the Generality of the House they all made an humming and when he began to speak again they did the like whereupon the Speaker stood up and said It is a great disorder that this should be used for it is the antient use of this House for every man to be Silent when any one Speaketh and he that is Speaking should be Suffered to deliver his mind without interruption Sr Edward Hobby upon the debate of a bill brought in for the peoples more diligent repair to Church whether the Church-Wardens were the more proper to certifie the defalters said that when her Majestie did give us leave to chuse our Speaker She gave us leave to chuse one out of our own number Mr Onslow the Clark of the House of Commons in Parliament being Sick the House gave his man leave to officiate for him every Members contributing 12d apeice for his support In the case of Belgrave depending in the Court of Star-Chamber upon an Information brought by Sir Edward Coke her Majesties then Artorney General prosecuted by the Earl of Huntington for wearing his Livery to make himself a Member of the House of Commons in Parliament after several Motions Debates and Disputes in the House of Commons a Conference was concluded to be had with the Lords thereupon the rather for that it had been said that the Lords in Parliament were reported to have directed the said Bill to be exhibited in the Star-Chamber one of their House being concerned therein and a day appointed by the Lords accordingly which failing and revived again by a motion of one of the Members of the house of Commons in their own House and the matters limitted whereupon it should consist first touching the offence committed by Mr. Belgrave whether it was an Infringement of the Liberty of the House of Commons and for the first that the Commons would do nothing therein until a Conference with them for the 2d to know the reasons of their Lordships appointment of the Information and to bring it to some end Mr. Speaker at another day certifying a message from the Lords concerning some other matters Sir Edward Hobby said We attended the Lords that morning which was appointed touching the Information against Mr. Belgrave who in the end concluded that forasmuch as it concerneth them as the House of Commons Priviledges they desired some time to consult and they would send us word of their Resolutions and some days after a Copy of the Information against Belgrave was sent to the House of Peers unto them under the hand of the Clerk of the Star Chamber by them and Sir Edward Hobby with some Bills but nothing appeareth to have been done touching the said Information against Belgrave In the mean time a servant of Mr. Huddleston a Knight of the Shire for Cumberland being arrested in London upon a Writ of Execution the Plaintiff and Serjeants denying to release him because it was after Judgment they were upon complaint to the House committed to Prison the Serjeant released paying the Serjeant at Arms Fees and the Plaintiff paying them as well as his own was ordered to remain three days in the Serjeants Custody For a like Judgment was cited to have been given by the House of Commons in the case of the Baron of Wilton in that Parliament Upon Thursday December the 7th Sir Edward Hobby shewed that the Parliament was now in the wain and near ending and an order was taken touching the Information delivered to this house viz. the House of Commons in Mr. Belgraves case but nothing done therein and as it seemeth by not taking out the Process no Prosecution of the Cause is intended against the said Mr. Belgrave he thought it fit because the chief Scope of the said Information seemeth to be touching a dishonour offered to this House that it would please the House that it might be put to the question being the original and first horrid fashion of their afterward altogether course or manner of voting and making their own pretended Liberties whether he hath offended this House yea or no If he hath he desireth to be censured by you and if he hath not it will be a good motive to this Honourable House here present who are Judges in this Court and yet he might have remembred what long and learned debates and disputes there had lately been amongst themselves whether the Custom of that House was or had been in cases of grievance to proceed by Bill or Petition to the Queen and it was resolved that it was the most proper and dutiful way to proceed by Petition which was done accordingly in clearing the Gentleman of that offence when it came before them which had then no higher esteem in Sir Edward Hobbyes opinion than to be previous to an after disquisition which that Law and the Queens Writ and the Election of that part of the people that brought them thither neither did or could give them any greater authority than ad faciendum consentiendum to do and perform that which the King and Lords in Parliament should ordain to be done and performed and when all should be rightly considered was an offence too often by more than one or once since practised to procure a Membership indirectly in an House of Commons in Parliament committed by Mr. Belgrave that should as little have been countenanced as there was any just or legal Warrant for it wherein Mr. Comptroller said I know the Gentleman to be an honest Gentleman and a great Servant to his Prince and Countrey I think it very fit to clear him I wish it may be put to the Question I will be ready to vouch your sentence for his offence when it comes there but if any other matter appears upon opening the Cause with that we have nothing to do Mr. Secretary Cecil who had not long before said in the same House he was sorry to see such disorder and little do you know how for disorder this Parliament is taxed I am sorry I said not slandered I hoped that as this Parliament began gravely and with Judgment
like Answers that they were conclusive but only reported unto them to have their opinion first and then their assent by vote after deliberation which should necessarily precede their assent and the Answerers were properly the Lords in the Kings name And the Debate was in the Kings presence for saith he I have seen the fragments of the journal tempore H. 7. which directly sheweth that the King himself was present at the Debate of divers Bills or Petitions that were exhibited to the Commons and the Parliament being kept in the Kings house and near his own lodgings The Commons Petition that the Sheriffs be allowed in their accounts for Liberties c. Unto which was answered The Lords were not advised to assent unto that which may turn to the decrease of the antient Farms of the Realm or damage of the Crown for ever seeing the King is within his tender Age. The Commons exhibited two Bills against the Ryots of Cheshire and Wales c. To which was answered by the assent of all the Lords and Peers when all the Lords and Peers in Parliament were charged in the Kings behalf whereupon they have of their own good grace and free will promised to aid according to their power In the 18th year of the Raign of King Edward third divers Answers were made accord c. not naming by whom and some were general with only let this Petition be granted yet the Statute touching Pleas to be held before the Marshal doth expound the practice of that age when it saith that the King by the assent of the Praelates great men and the Commons granted the same In the Act for moderation of the Statute concerning Provisors the Commons are named and the Lords wholly omitted and yet in the next Parliament Anno 2. H. 4. upon a complaint of the Commons that the said Act was not truly entred the Lords upon examination granted by the King upon protestation that it should not be drawn into example and the King remembring that it was well and truly done as it was agreed upon in Parliament did affirm that it was truly entred taking no exceptions at the said omission but said it was entred au maniere come il fuest parlz accords par le Roy es Commons Anno 17 E. 3. The Commons petitioning that Children born beyond the Seas might be inheritable of Lands in England that Statute was not inrolled in the same year the Archbishop of Canterbury demanded of all the Praelates and Grandees then present whether the Infants of our Lord the King being born beyond the Seas should be inheritable in England the which Praelates and Grandees being every one examined by himself gave their Answers that the Kings Children are inheritable wheresoever they be born but as touching the Subjects Children born out of the Kings Service they doubted and charged the Judges to consider thereof against the next Parliament the Petition was entred in the Parliament Roll. The Commons do pray that where many Parceners use an Action Auncestrel and some are summoned and have served their Writs alone without naming the others who have recovered and in the same manner that it may be done of Jointenants To which the King answered il sue al conseil qu'il foit faire par le mischeif qu' ad esteentiels cas lieur heirs And therefore saith Mr. Noy Let the Lawyers puruse those Parliament Rolls viz. 17 20 21 22 29 40 46. 51 E. 3. wherein no Statutes at all were made Annis 47 and 50 E. 3. Statutes were made yet very many of the Petitions were not granted but omitted and doubts not but they will find divers granted which demanded Novelley and yet not observed for Law because they were omitted in the Statute and that therefore the Commons have petitioned for some of the same things again in subsequent Parliaments which they would not have done except touching Magna Charta if they had had the grant of their former Petitions been in force In the 11th year of the Raign of King H. fourth The Commons do pray that no Chancellor Treasurer c. nor no other Officer Judge or Minister of the Kings taking fees or wages of him do take any manner of gift or brocage of any man upon a grievous pain To which was answered le Royle voet which being entred in the Parliament Roll in the margent was written Respectuatur per dominum principem concilium whereby it was not made into a Statute nor ever observed for a Law In the same year they Petition against Attorneys Prothonataries and Filacers which being likewise granted and entred in the Parliament Roll hath in the margent also written the like Respectuatur and so no Statute made thereon at any time But in the next Parliament 13 H. 4. The Clerks and Attorneys exhibiting their Petition to repeal that of 11 H. 4. did alledge that the Petition and Answer if they be enacted in manner aforesaid into a Statute and put in execution would be grievous insupportable and impossible and therefore prayed a modification To which was answered Let the Petition touching the Prothonataries and Filacers be put in suspence until the next Parliament and in the mean time let the Justices be charged to inter-commnne of this matter and report their advice therein And the reason is because an Ordinance is of a lower nature than a Statute and cannot repeal a Statute which is of an higher and that Ordinances of Parliament are seldom published by Proclamation as the Statutes were whereby the Subjects might know how to direct their actions The Statute of 15 E. 3. being never used or put in practice was repealed by a bare Ordinance in the next Parliament In the Statutes or Acts of Parliament concerning London Anno 28. E. 3. and Anno 38. E. 3. and Cap. 6. concerning Coroners and Takers of Wood Cap. 7. concerning Sheriffs Anno. 25. E. 3. Cap. 1. concerning Pourveyors and Cap. 4. concerning Attachments and Cap. 2. concerning Treasons the assent of the Lords in the Parliament Rolls is wholly omitted and yet the Statutes the best Interpreters do mention their Assent In the 21 E. 3. the Commons pray that the Petitions delivered in the last Parliament be dispatched and answered this Parliament without any delay c. To which the King answered The shortness of the time will nor suffer that those things be dispatched before Easter and therefore it pleased the King that those other things be dispatched The King in Anno 22. of his Raign greatly prospering in his Wars in France and besieging Calice sent unto his Parliament in England to demand a Subsidy putting them in mind of their promise to aid him in those Wars with their bodies and their purses whereupon they granted him two fifteens the King shortly after informing them of more successes and that he had granted to the King of France a Truce and demanding another Subsidy and to make them the more willing thereunto required their
Petition They pray that the Customs of the Merchants cease and they make their own conduct To which was answered le Roys ' avisera and thereupon will answer in convenable manner Anno 13. E. 3. they pray that a Justice of the one Bench or the other may come twice a year into the Counties beyond Trent To which the King answered as touching this point l' Roys ' avisera Which amounted not to a denyal for the Judges went Circuit thither afterwards Anno 37. E. 3. They pray that none be impeached for making Leases for Life in time of Pestilence nor hereafter for Lands holden in Capite without Licence of Alienation To which the King answered This requires a great deliberation and therefore the King will advise therein with his good Councel how this right may be saved and the Grands and Commons of this Land eased Anno 45. E. 3. they Petition for the free passage of Woolls To which was answered Estoit sur avisement Anno 50. E. 3. They pray that a Fine levied by Infants and Feme Coverts may be reversed within three years after they come to years or their Husbands Death To which the King answered le Roys ' avisera tanque al procheine Parliament de changer le loy devant used And it was the observation of Mr. Noy that faithful and learned Attorney of his late Majesty that in the Raign of King E. 3. in whose time the Answers of le Roys ' avisera first began by reason of his being continually in War beyond the Seas the King or his Councel had no leisure or at least no will to answer so in time s' avisera became as bad as a denyal and no other Answers given to such Petitions shewed that the King was not pleased to grant them The Commons alledging that notwithstanding the Statute made concerning Lands seized into the Kings hands by his Escheators the Lands after Enquest taken and before it can be returned into Chancery are granted to Patentees and before the Tenant can be admitted to traverse the Lands are many times wasted do pray that none be outed by reason of such Enquests until they be returned into the Chancery and the Occupiers warned by Scire facias to answer at a day to come when if they do not appear and traverse and find Sureties to answer the profits and commit no wast if it be found for the King and that if any Patent be granted or any thing done to the contrary the Chancellor do presently repeal the same and restore the Complaint to his possession without warning the Patentee or other occupier as well for the time past as the time to come The Answer unto which was The King willeth and Commands upon great pain that the Escheators hereafter do duly return all their Enquests in the Term and upon the pain heretofore ordained by the Statutes And further it is accorded by the Lords of the Realm if it please the King that before such Enquests be returned into the Chancery the King shall not hereafter make any Patent of such Lands in debate unto any c. And that the King of his abundant grace will abstain one month after such return within which time the party may traverse the Office and that the King will not make any Patent of such Lands unto any Stranger and if after any be made it shall be void But touching that which is demanded of Patentees made hereafter le Roys ' avisera It being observed by that worthy Observator that as he conceived the first part was answered by the Kings Councel and by them reported to the Lords who added the rest of the Answer if it please the King And yet the said Answer is vacated upon the Roll being Crossed all over with a Pen and the reason thereof given in the margent with a contrary hand to that of the Roll which sheweth that it was done after the Parliament was ended and after the said Roll was ingrossed viz. Quia dominus noster Rex noluit istam responsionem affirmare sed verius illam negavit pro magna parte dicens soit usez come devant en temps de ses nobles progenitors Roys d Angle terre out ad estre use Et ideo cancellatur damnatur And there can be no question but this answer in the affirmative was allowed at the least not denyed at the time of the Royal assent and that afterwards when the Statute was to be drawn up the King taking advantage of the words si plest au Roy did deny it and so the Roll was vacated And the Councel which ought to be intended the Kings Privy Councel for the Lords were the Kings great Councel and they or any Committee of them assisted by the Judges whilst the Parliament was in being were at the dissolution or proroguing thereof all gone out of their former power or employ and nothing ought to debar a King from advising with his Privy Councel by whose Advice as the Writs of Summons do import his greater Councel was called to assist them as well as himself in the time of Parliament or after it was ended and whether the one or the other had just cause to advise the King not to grant that Petition for it omitted the finding of Sureties to commit no Wast and to answer the Issues to the King which the Commons offered in their Petition and the Lords if the King so pleased that no Patent be made to any stranger of the Lands in debate which the Commons never desired But the Councel were the willinger to let it pass because it was in the Kings Power to deny it afterwards as he did whereas had it been the practice of those times the Councel would rather have kept back the Answer and not suffered it to have been read at the time of giving the Royal Assent In the fame Parliament after the said Petition was granted and the Assent cancelled as aforesaid the Commons delivered openly in Parliament a great Roll or Schedule and another Bill annexed to the said Roll containing about 41 Articles one of which remains Cancelled and Blotted out And in a Petition do pray the King their Leige Lord and the continual Councellors about him which can be no otherwise understood than of his constant privy Councel that of all the said Articles comprised in the said Roll and Schedule or Bill which are in the file of other Bills in this Parliament good Execution and true Justice be done for the profit of the King our Lord and his whole Realm of England Whereupon after it was said by the Chancellor of England on the Kings behalf to the Knights of the Shires Citizens and Burgesses there present that they sue forth their Writs for their Wages the Praelates and Lords arose and took their leaves of the King their Lord and so departed that present Parliament And after the Parliament ended the Commons delivered unto the Lords two great Bills for
being abused by his Officers that which was paid so spent as little came to his hands so as for want of money he was enforced to accept of a Truce when he was in probability of a great Victory if not of the Conquest of all France whereupon returning suddenly he fell first upon the Officers who excusing themselves laid the blame upon the Collectors which caused the King to send out strickt Commissions to enquire thereof But he was most incensed against the Archbishop of Canterbury who had encouraged him to those Wars willing him to take no care for treasure because he would himself see him abundantly furnished by the said Subsidy which failing and the King understanding that the Pope sided with the French mistrusted the Praelates in general but especially the Archbishop and reprehended him sharply for it who presently complained of manifold violences against the Liberties of the Church and English Nation comprehended in Magna Charta and thus the Clergy incensed the Commons against the King and the Commissioners which he had appointed to enquire of the abuses of the Collectors who had enquired of divers matters in Eyre beyond the limits of their Commissions which bred such ill humours in the Lords and Commons as when in the 15th year of his Majesties Raign when he had in Parliament shewed the necessity of the French Wars and that the Aid granted him the year before was withheld and ill spent by his Officers and therefore desired the Parliament to consider how Malefactors might be punished and the Law kept in equal force both to Poor and Rich the Commons delivered up their advice in writing for a Commission to be directed to the Justices in each Shire d' Oyer Terminer these matters in general But the King the Praelates and Grandees thought fit to add Articles of the said enquiry and therefore they delivered unto the Commons certain Articles which were ordained by the said Praelates and Grandees for them to advise and give their Assent The which being viewed and examined by them they assented that good Justices and Loyal be assigned to hear and determine all the things contained in the said Articles for the profit of our Lord the King The Assent of the Lords is many times omitted to be entred and so likewise hath many times been that of the Commons In the same year the Commons exhibited their Petitions for the confirming of a Statute made in the 15th year of the said Kings Raign which was general n. 26. And in general for all Statutes and the other special n. 27. for that in particular And yet in the same 17th year an Ordinance was entred n. 23. viz. Item accordez est assentuz that the Statute made at Westminster in the Quindena of Easter in the year of the Raign of our Lord the King the 15th be wholly repealed and gone and loose the name of a Statute which was without any mention either of Lords or Commons In the 30th year of the Raign of the said King the Dukes Earls Barons and Commons conferring together by the Kings order touching the Exactions of the Pope in the White-Chamber now called the Court of Requests assented if it please the King Anno Eodem in the 9 10 11 12. Chapters of Statutes made in that year upon several Ordinances entred in the Rolls of that year n. 27 28 29. no mention is made therein either of the Lords Assent or the Commons though both are mentioned in the Praeamble of the Statutes Anno 2. H. 4. The cruel Bill for the burning of Hereticks beginning in the Lords House and exhibited by the Clergy was written in Latine and so was the long Answer to the same and all and one in the same phrase and no mention made of the Commons Assent Anno Eodem a Bill was exhibited by the Clergy into the Lords House against a Bull from the Pope to discharge the Possessions of the Cistertian Monks from the payment of Tythes which being there answered was carried to the Commons by the Archbishop of Canterbury himself to have their Assent and told them that the King and the Lords were attended upon with the Answer to the same and afterwards the Commons came before the King and the Lords in Parliament and made divers requests and amongst others shewed that the Archbishop of Canterbury delivered them the Petition touching the order of Cistertians to which Answer the said Commons agreed Eodem Anno the Commons did shew that whereas the King had ordained a Staple at Bruges in Flanders Merchant strangers did by Land or Sea bring their Wooll thither to the great profit and encrease of the price of Wooll coming thither the Town of Bruges hath for their own profit forbidden the bringing of Wooll thither as they were wont to do to the great damage of the Merchants of England and of all the Commons whereof they do pray Remedy Unto which was answered It is advised by the Praelates Grandees and Commons of this Realm that the Pention is reasonable The Commons Petition against the Subsidy of 40 s. for every sack of Wooll granted by the Merchants Unto which was answered for that our Lord the King for great necessity which yet endureth and appears greater from day to day did do it which being shewed to the Grandees and Commons in this Parliament assembled on the Kings behalf the said Lords and Commons by Common Assent have granted the said Subsidy The Parliaments or great Councels were heretofore very short and dispatched in a few days having the matters which were alwaies extraordinary appointed or declared by the King to be treated of And there are divers Answers to Petitions which cross or add to the prayers of the Commons whereunto their Assent is not specified and yet the Statutes thereupon made do mention it For the price of Wines a report of a former Statute is not in the Petition but in the Answer only And it should be remembred that although the House of Commons in Parliament have been often of late times only said to have been the representing of some part of the Commons of England those that were as aforesaid Elected and admitted into the Parliament have in their Petitions to their Kings for Redress of Grievances stiled themselves no otherwise then your Pravrez Communs and Leiges yet it was never intended or could be of all the Freeholders or people of England or in the Latitude of the word represented which is over extended § 26. What is meant by the word Representing or if all or how many of the People of England and Wales are or have been in the Elections of a part of the Commons to come to Parliament represented FOR the Nobility the Proceres and Magnates and the Bishops and many Abbots and Pryors were always Summoned apart to our Parliaments and never represented by the Commons the consent of the Universality of the People being in and before the 49th year of
of France until he were absolved and had confirmed unto them their Liberties whereupon the King much against his will was constrain'd to submit to the present pressure and necessity sent to the Archbishop of Canterbury and the other Bishops who were yet in France promising them present restitution and satisfaction under the Hands and Seals of 24 of his Earls and Barons undertaking for the performance thereof according to the form of his Charter and Agreement made and granted in that behalf and the better to prepare them to give him their assistance directed the ensuing Letter to meet them in these words Rex Venerabili in Christo Patri S. Dei gratiâ Cant ' Archiepiscopo totius Angliae Primati sanctae Romanae Ecclesiae Cardinali omnibus suffraganeis suis Episcopis cum eo existentibus Johannes eadem gratiâ Rex Angliae c. mandamus vobis quòd cùm veneritis in Angliam scientes quòd jamdiù vos expectavimus adventum vestrum desideravimus unde in occursum vestrum mittimus fideles nostros Dominum H. Dublin ' Archiepiscopum J. Norwici Episcopum W. Com' Arundel Mattheum filium Herberti W. Archidiaconum Huntindon rogantes quatenùs ad nos venire festinetis sicut praedicti fideles nostri vobis dicent T. meipso apud Stoaks Episcopi primo die Julii Whereupon Pandulphus with the Archbishop and the rest of the exiled Clergy upon his confiscation of their Estates forthwith came over and found him at Winchester who went forth to meet them and on his knees with Tears received them beseeching them to have Compassion on him and the Kingdom of England and being thereupon Absolved with great Penitence Weeping and Compunction accompanied with the Tears of the many Beholders did Swear upon the Evangelists to Love Defend and Maintain Holy Church and the Ministers thereof to the utmost of his Power that he would renew the good Laws of his Predecessors especially those of King Edward abrogating such as were unjust would Judge all his Subjects according to the just Judgment of his Court which was then and for many Ages before composed only of the King and his Nobility Bishops and Lords Spiritual with his great Officers of State and such Assistants as he would please to call unto it and that presently upon Easter next following he would make plenary satisfaction for whatsoever had been taken from the Church Which done he went to Portsmouth with intention to pass over into France committing the Government of the Kingdom to the Bishop of Winchester and Jeffrey Fitz-Peter Justiciar a man of a Generous Spirit Learned in the Laws and Skilful in Government who were also to take the Councel of the Archbishop of Canterbury The Souldiers being numerous and wanting Money to attend him desired to be Supplied out of his Exchequer which he refusing to do or wanting it in a great rage with his private Family took Shipping and put forth to the Isle of Jersey but seeing none of his Nobles and others followed him according to their Tenures and Homage was forced having lost his opportunity of the Season to return into England where he gathered an Army with intention to Chastise the Lords who had so forsaken him having for the like Offence some years before taken by way of Fine a great sum of Money Quòd noluerunt eum sequi ad partes transmarinas ut haereditatem amissam recuperaret But the Archbishop of Canterbury followed him to Northampton urging him that it was against his Oath taken at his Absolution to proceed in that manner against any man without the Judgment of his Court to whom the King in great wrath replyed that he would not defer the business of the Kingdom for his pleasure seeing Lay Judgment appertained not to him and marched to Nottingham The Archbishop followed him and plainly told him that unless he would desist he would Excommunicate all such as should take Arms against any before the releasing of the Interdiction and would not leave him until he had obtained a convenient day for the Lords to come to his Court which shortly after they did And a Parliament was assembled at St. Pauls in London wherein the Archbishop of Canterbury produced the said Charter of King Henry I. whereby he granted the ancient Liberties of the Kingdom of England according to the Laws of King Edward with those emendations which his Father by the counsel of his Barons had ratified upon the reading whereof gaudio magno valdè saith Matthew Paris they greatly rejoyced and swore in the presence of the Archbishop that for those Liberties viso tempore congruo si necesse fuerit decertabunt usque ad mortem Archiepiscopus promisit eis fidelissimum auxilium suum pro posse suo sic confederatione facta inter eos colloquium solutum fuit The Pope advertised of those disturbances by his Bull directed Baronibus Angliae but not to those Bishops displaying the Banner of his supposed Authority which had encouraged and animated and caused them to persist therein stiling those Quaestiones novitèr suscitatas grave dispendium parituras did prohibit under the pain of Excommunication all Conspiracies and Insurrections from the time of the Discords inter Regnum Sacerdotium which had been quieted Apostolica autoritate admonished them Regem placare reconciliare exhibentes ei servitia consueta which They and their Predecessors had done unto Him and his Predecessors and if they had any thing to require of him they should not ask it insolenter sed cum reverentia preserving his Regal Honour and Authority that so they might the more easily obtain what they desired and assured them that he would desire the King that he should be kind to them and admit their just Petitions But the Barons persisting in their armed Violence and Rebellion against the King notwithstanding that weather-beaten Prince had for shelter taken upon him the Cross and War for the recovery of the Holy-Land then so called the Pope in July following sent his Bull to the universality of the Barons Bishops and Commonalty of England wherein reciting that the Barons had sent their Agents unto him and that he had commanded the Archbishops Bishops and Archdeacons ut conspirationes conjurationes praesumptas from the the time of the discords inter Regnum Sacerdotium that they should Apostolic à autoritate forbid them by Excommunication to proceed any farther therein and enjoyn the Barons to endeavour to pacifie the King and reconcile themselves unto him and if they had any thing to demand of him it should be done conservando sibi Regalem Honorem exhibendo servitia debita quibus ipse Rex non debebat absque Judicio spoliari And that he had commanded the King to be admonished and enjoyned as he would have remission of his sins graciously to give them a safe conduct and receive their just Petitions ita si quod fortè non posset inter eos concordia provenire
names which they agreed not unto as in Anno 21. E. 4. 3. concerning exceptions of Villenage where the Commons in their Petition afterwards alledged it to be expresly against the Laws and Customs of the Land and therefore prayed the King and his good Council to prevent the mischiefs which might happen by that Petition and maintain the good Laws and Customs of the Land in his time and the times of his Ancestors by the sages of the Law used and without having regard to the Petitions of any singular Persons to the overthrow and open undoing of the Law of the Land The Commons prayed that the Petitions which were delivered by them in the last Parliament and by our Lord the King Prelates and Grandees of the Land answered and granted be held and the answers before granted not changed by any Bill delivered in this Parliament in the name of the Commons or of any other for the Commons do not avow any such Bill Unto which was answered another time the King by the advice of the Prelates and Grandees caused to be answered the Petitions of the Commons touching the Laws of the Land that the Laws had and used in times past nor the process used hereafter cannot be changed without making thereon a new Statute the which thing to do the King would not then nor yet can intend for divers reasons but as soon as he can intend it he will take the Grandees and Sages of his Council about him and Ordain upon such Articles and others touching the amendment of the Law by their Advice and Council so as reason and equity shall be done to all his Leiges and Subjects Anno 25. E. 3. Item priontles Commons that for no Bill especially of singular Persons no Statute heretofore ordained be changed nor other process made upon the Execution of the Statutes which hath not been used in times past About which time or not long before the Commons did use to present their Bills or Petitions to the Re ceivers of Petitions appointed by the King by one select Messenger no constant Speaker it seems being then made use of or Mace or Ensigns of Honour carried before him by one of the Kings Serjeants at Arms granted or allowed by the King of which honourable circumstances Mr. Pryn acknowledgeth he could find no original accompanied with divers other of the House which probably saith Mr. Noy might produce such or the like inconveniencies A Subsidy was granted upon condition that their Petitions and grievances might be received the next day in Parliament and hasty remedies ordained which being promised the Commons were ordered to deliver their Petitions to the Clerk of the Parliament then intended and understood to be of the House of Peers which was done accordingly Anno 21. E. 3. The Commons advised four days on the Kings charge for their advice to be given touching the French War wherein at last they desired to be excused Anno 22. E. 3. Granted an Aid upon condition that their Petitions of the last Parliament and of this might be dispatched in the presence of four or six of the Commons and afterwards delivered their Petitions to the Clerk of the Parliament Anno 29. E. 3. The cause of Summons being declared on the Wednesday for a speedy Aid the Commons were commanded to give their answer upon the Friday following and in the mean time to make ready their Bills and Petitions on which day after a short parlance with the Lords they granted the Subsidy and exhibited their Petitions before the King Anno 42. E. 3. Were charged to make ready their Petitions and to deliver them upon the Wednesday following Anno 43. E. 3. Being commanded to deliver their Petitions prayed day until the Saturday following and then presented the same Anno 47. E. 3. The King requiring a speedy Aid commanded untill it should be agreed that all business in the Parliament should in the mean time be suspended Petitions of the Commons were not alwaies delivered in Parliament to the Receivers of Petitions but sometimes delivered publickly to the Lords themselves sitting in their upper House unless sometimes when the Lords had finished the charge given them by the King and had no occasion to sit dailiy in their House then they were delivered to the Clerk of the Parliament Petitions also were sometimes in Parliament directed to be delivered to the Lord Chancellor who might of himself give them such Remedies as the ordinary course of the Chancery would The King usually gave the Answers unto Bills exhibited by the Commons with le Royle veult or le Roy's advisera to ordinary Petitions in the granting or denying The petition of the Commons in 22 E. 3. was answered by our Lord the King the Prelates and the Grandees of the Land In 28 E. 3. Some by the Lords alone And in the 2d R. 2. n. 47. some answered by the assent of the Commons as 18. E. 3. to the 18 Article Anno 29. E. 3. n. 22. Some refered to the Kings great Councel as 22 E. 3. n. 18. 28 E. 3. n. 43. Others answered by the Kings Councel alone as Anno 17 E. 3. n. 52. 10 E. 3. n. 28. 25 E. 3. n. 27. Some referred to the King himself as 22 E. 3. n. 9. 29. E. 3. n. 18. 20 E. 3. n. 17. 16 R. 2. n. 32. 1 H. 4. n. 118. The Judges and the Kings learned Councel in the Law and the Lords of the Kings privy Councel were antiently the standing Committees for to consider and examine Bills or Petitions but the Judges and the Kings learned Councel at Law do now only attend the Lords in their Committees All Bills and petitions in Parliament were formerly directed to the King and his Councel Anno 20. E. 3. the Petitions of the Commons were brought before the Grandees of the Councel Anno. 27. E. 3. the Commons pray that their Petitions may be answered the which our Lord the King made to be read and answered by the Prelates Grandees and others of his Councel The Chancellor telleth the Commons that the King would ordain certain Lords and others after Easter who should Sit upon the points of their Petitions not answered at that time The Judges are summoned to Parliament ad tractandum cum concilio for so it was explained Anno 4. E. 3. the praeamble of the Statute de Bigamies mentioneth the presence of certain reverend Fathers Bishops of England and others of the Kings Councel Anno 17. E. 3. the Parliament was adjourned before Receivers and Triers of Petitions were appointed Although a time was before limited for the delivery of Petitions and the Commons were charged touching the maintenance of Peace c. Petitions were sometimes answered by a Select number of the Kings Councel and at other times all as the King pleased Some Petitions were formerly indorsed coram Rege against which the Commons petitioned in 6 E. 3. n. 31. For
that nothing was done upon their Petitions and therefore prayed that they might be answered before the Parliament ended It appeareth by divers Answers to Petitions in Parliament that the Kings Councel unto whom they were committed did but report what they thought fit to be done for Answer prout Anno 15. E. 3. n. 17. where it is said our Lord the King caused the same Answers to be given to the said Petitions the which together with the Petitions were reported in full Parliament Eodem Anno it was answered Our Lord the King commanded Answers to be made the which put into writing were reported before our Lord the King and the Prelates and other Grandees Anno 17. E. 3. It seemeth to the Councel that it be done Anno 18. E. 3. Divers Petitions of the Commons being exhibited a Memorandum was entred viz. Unto which Petitions it was answered by the King and the Grandees as to the second Article Soit cestipetition granted To the third Article il plaist au Roy c. To the eight Article il plaist au Roy au Son conseil quae se soit To the eleventh il plaist au Roy c. To the 12th Article Soient les Statutes sur ceo faites tenus c. Anno eodem the Answer was It is assented by our Lord the King the Earls Barons Justices and other Sages of the Law that the things above written be done in convenable manner according to the prayer of the Commons in a long Petition of theirs against provisions from Rome whereunto the Bishops durst not assent Eodem Anno the Commons exhibited their Petitions which were answered drawn into a Statute sealed and delivered unto them Sedentibus before the Parliament ended in the same Parliament also the Parliament exhibited their Petitions which were answered sealed and delivered unto them sitting the Parliament which was not usual for the Statutes were most commonly made after the end of the Parliament The Answer to one of the Clergies Petitions in this Parliament was accord est pur assent du conceil Unto which may be added those of the 20th year of the Raign of King Edward the third which concerned the Pope to which Answers the Praelates who were of that Committee not daring to agree the opinion of the temporal Lords and the Judges were only reported viz. It seemeth to the Earls Barons and other Sages Lay-men of the Kings Councel c. Anno 21. E. 3. il Semble a conseil qu'il faut faire pour grand bien si plaist au Roy as grandes du terre Eodem Anno It seemeth unto the King the Praelates and the Grandees that the Custom stand in force the Commons having petitioned that the Custom of the Cloth made in England might be taken away Anno 25. E. 3. It seemeth to the Councel that such enquires cease if it please the King Eodem Anno It seemeth to the Councel that the Laws heretofore ordained ought to suffice for that this Petition is against the Law of the Land as well as against the holy Church It seemeth to the Councel that it ought not to be granted the Petition being that no Capias Excommunicat should issue before a Scire facias to the party Et al. hujusmodi c. Eodem Anno It was answered It is not the interest of our Lord the King nor of the Grantz Anno 28. E. 3. n. 33. It seemeth to the Lords and to the Grands that the Petition is reasonable Eodem Anno It is answered Let the Common Law used stand for the Lords will not change it Anno 30. E. 3. The Petition of the Commons touching Chaplains Wages had two answers The Archbishops and Bishops at the motion of the King and Grandees have ordained c. And therefore the King and the Grandees have ordained c. Those two Answers are recited almost ad verbum the Prelates first and then the Temporal Lords considered of the Answer Anno 47 E. 3. It was answered The King and the Lords have yet no will to change the Common Law Eodem Anno The Commons do require that every mans Petition be answered Anno 2. R. 2. apud Glocester le Roy del assent des Praelats Dukes Countz Barons de les Commons de son Royalme ad ordeigne c. The Commons having petitioned that all manner of Merchants might have free Traffick here And the like Answer was made to their Petition in Anno 3 R. 2 n. 37. 38. In 16. R. 2. Upon a Petition of Robert de Mull and his Wife touching the discharge of a Fine the King answered Soyent au Roy car ceo nest petition du Parlement In Anno 20. R. 2. Robert Mull petitioned the Commons stiling them by the title of honourable and Sage Commons in Parliament praying them to be discharged of a Fine to the King imposed upon him and supplicating them to make Relation thereof to the Parliament and alledging that his Bill or Petition had been put upon the file the last Parliament which doth prove that there was no standing Committees then appointed by the Commons in Parliament 2 H. 4. The King by Advice of the Lords in Parliament hath committed this Petition to his Councel Eodem Anno upon a Petition of the Commons for removing of Stanks and Milks generally it was answered It seemeth to the King and to the Lords that this Petition sounds in disherison of the King and of the Lords and others wherefore let the Statutes before made be held and kept Eodem Anno It is assented and accorded by the King and Lords c. Anno 2. H. 5. The King by the assent of all the Lords granteth c. Touching the Petition for taking of Tithe of great Wood contrary to the Statute of 4 E. 3. whereupon the Judges were of sundry opinions It was answered because the matter of the Petitioners demands required great and mature deliberation the King therefore would that it be adjourned and remitted to the next Parliament and that the Clerk of the Parliament cause this Article to be brought before the King and the Lords at the beginning of the next Parliament for declaration thereof to be made In the 2d year of the Raign of King Henry the sixth the King by the assent of the Lords Spiritual and Temporal and the Commons granted the contents of their Petition in all points Divers other Answers given do prove Debates to have been in Parliament upon Petitions betwixt the Lords and the Kings Councel And saith Mr. Noy that grand and very Attorney General to King Charle 〈…〉 the Martyr who unhappily died before his Royal 〈◊〉 had so much need as he had afterwards of his great abilities or who ever was the careful Examiner of many of the Parliament Rolls and Compiler of that Manuscript which is honoured with his name there can be no question made of those or the
the Commonalty of great Yarmouth the which Bills with the Indorsements thereupon made by the Lords were also on the Filace Divers Bills are there mentioned to be delivered and some mentioned to have been answered as happily all were saith that diligent Observator by the Lords of his Majesties Councel after the Parliament ended And therefore no marvel if all the Answers were not read on the last day of the Parliament when some of them were not made until after the Parliament ended and there is a Petition directed to the thrice redoubted Lord the King in these words following viz. Supplie vos Leiges the Praelates Dukes Earls Barons Commons Citizens Burgesses and Merchants of the Realm of England For Magna Charta to be confirmed unto them and for a general pardon setting down the Articles thereof whereof many were granted and many qualified as the King and his Councel pleased to answer the same And it was not the use and practise of those times to keep back any Answer that was justly displeasing to the King and his Councel much less any other For in Anno 11. H. 4. The Commons petition that none of the Kings Officers may receive any gift c. To which the King answered le Roy le veult In the same year a Petition of the Commons concerning Attorneys was granted by the King and both the Petitions and Answers were ingrossed in the Parliament Roll together with the rest which shews plainly that they were Read on the last day of the Parliament for the Royal Assent Yet notwithstanding the Kings Councel so misliked them that when the Clerk attended with the Roll of that Parliament for the drawing up of that Statute as the manner was those two Petitions and Answers were not thought good to be inserted in the Statute and therefore they did write in the Margent of the said Roll against the same these words Respectuatur per Dominum Principem Concilium which is written with another hand si non antea le Roy le veult answered to a Petition of the Commons without a Statute made there is only an Ordinance The Commons complain of Commissions granted to enquire of divers Articles in Eyre generally which have not been heretofore granted without Assent of Parliament and of the proceedings of the Justices therein contrary to the Law in assessing Fines without regard to the Quality of the Trespass To which was answered The King is pleased that the Commissions be examined in his presence In the 21th year of the Reign of King E. 3. the Commons pray that their Petitions for the Common profit and for amendment to have of mischiefs may be answered and indorsed in Parliament before the Commons so as they may know the Indorsement and thereby have Remedy according to the Ordinance of Parliament In the 37th year of the Raign of King E. 3. the Chancellor demanded of the Commons the last day of the Parliament after the Answers given to the Petitioners were Read if they would have the things so accorded mys par void ' Ordinance ou de Statute qui disoient qui bone est le matere les choses par voydes Ordinances nemy per Statut issint est fait And yet those were no otherwise drawn up into an Ordinance than only by entring the Petitions and Answers in a Parliement Roll. In the 9th year of his Raign the Articles of the Clergy being answered they procured the same Articles and Answers to be exemplified in such sort as they were entred in the Roll of Parliament which is lost without penning the same in any other form and were afterwards published under the great Seal of England with an Observari volumus In the Raign of the same King it was accorded that no Grand of the Land or other of what Estate or degree soever do make prizes or carriages for the houses of the King Queen or their Children and that by Warrant shall make payment thereof and it was ordained by Statute that that Accord be cryed and published in Westminster Hall And our Lord the King and his Councel willeth the same accord be cryed where it behoveth So as where they prayed the publishing thereof at Westminster Hall only the King and his Councel added the publishing thereof in London and elsewhere And the close Rolls of that year do declare that it was published in all the shires of England When an Ordinance had its first motion and being in the House of Lords in Parliament and agreed on and was drawn in the form of an Act of Parliament it was afterwards to receive the Assent of the Commons in Parliament In divers Parliaments when the Commons Petitioned for a Novel Ley which the Lords were willing enough to yield unto and the King to grant yet for that the King intended not to make any Statute that Parliament those Petitions have been deferred to another time and divers others which did not demand a new Law were granted and reputed for good Ordinances or Acts of Parliament As when in 21 E. 3. The Commons prayed that in Writs of Debt or Trespass if the Plaintiff recover damages against the Defendant that he have Execution of the Lands which the Defendant had the day in which the Writ was purchased Unto which the King answered This cannot be done without a Statute whereupon the King will advise with his good Councel and further do that which shall seem best for his people In the same year the Commons do shew that whereas before these times it hath been used that if Lands had been given to a man and his Wife and the Heirs of their Bodies issuing and the one dies no Issue having been had betwixt them the other may commit Wast without being impeached thereof that it may please our Lord the King to ordain thereof Remedy and that in such case a Writ of Wast be ordained To which the King answered Demurge entre les autres Articles dont novel ley est demandez Eodem Anno Shew the Commons that whereas a Writ of Possession doth not lye of Tenements deviseable though they be not devised to the great damage of all the Commons that it would please our Lord the King and his good Councel to ordain by Statute that Writs of Possession my lye and hold place as well of Tenements deviseable in case where they are not devised as of others and that there be saved to the Tenants their Answers in case that they be devised Whereunto the King answered Let it remain amongst the other Articles whereof a New Law is demanded In the 22d year of the Raign of the same King they do pray that for that many are disinherited by non Claim although they have good Right and namely those who are not learned in the Law that non Claim be gone and utterly taken away To which the King answered This would be to make a New Law which thing cannot
proper for Members of the House of Commons in Parliament may be extended to all that they shall fancy or think to be necessary or suitable to their incroaching humours or designs and may be very great loosers by the bargain if by such a Gross mistake they make all that is or shall be their own proper Estates allowed or given unto them by the bounty and munificence of our Kings and Princes and their Feudal Laws to be Priviledges of Parliament when their Properties and Liberties are not Priviledges of Parliament and all kind of Priviledges are and ought to be subject unto these two grand Rules of Law and may and ought to be forfeitable by a non user or misuer no Praescripton or length of time in such cases being to be made use of against the King and some Corporations as the Burrough of Colchester procured an Exemption from sending Members to the House of Commons in Parliament in regard of their charge of Building or Repairing their Town-walls and New-Castle upon Tyne did the like propter inopiam and charge and trouble to defend themselves against the Scots and Priviledges of Parliament are not nor can with any propriety of Speech Truth Reason or Understanding be called Liberties Properties or Franchises which they that make such a noise with them would be sorry to have so brittle short or uncertain Title in or unto their own Rights in their own Estates Lands or Livelihoods and had better be at the charge to go to School again or fee a Lawyer to instruct or make them understand the difference betwixt Priviledges of Parliament and Priviledges that do no way appertain unto the aforesaid Parliament Priviledges and betwixt Privilegium and Proprium and cannot sure be so vain or foolish as to think that they were Elected by the Peoples Authority and their own and not by the Kings or that after the King hath allowed them a Speaker for otherwise he must be at the trouble to forsake his own proper place Chair of Estate or Throne in the House of Peers and sit in the House of Commons with them and hear their Debates Discourses and Speeches pro aut contra which might have abridged them of their Priviledge of Freedom of Speech granted at his allowance of their Speaker or that by the immediate causing to be carried before that their allowed Speaker in the presence of these many Members of the House of Commons that came to attend him to the King one of his Royal Masses or Maces Crowned usually born before our King as Ensigns of Majesty to attend him during the time of his Speakership at home or abroad in the House of Commons in Parliament or without whether it continue for a short or long time as many of our Parliaments have done with an allowance of five pounds per diem for his House-keeping and Table-provision whereof many of their Members do not seldom partake the Lord Steward of the Kings Houshold having likewise a large Allowance of Expences by the King for his Table to entertain such of the Nobility and others as during the time of Parliament will come to eat with him besides many large Fees in the making of Orders and passing of Bills or Acts of Parliament for Laws Naturalizations c. which could not be legally taken without the Kings Tacit permission the late illegal and unparliamentary way never used in any Kingdom Senate or Republick or in this Kingdom to suffer their Speaker or his Clerks to make a great weekly gain by the Printing and Publishing to be sold at every Sationers or Booksellers Shops and cryed up and down the Streets in London and Westminster by Men Women Girls and Boys all that is or hath been done in the Commons House of Parliament to the no small profit of their Speaker excepted or that when any person not of that House who have not by any supposed Priviledge any Serjeant Lictor Catchpole or Messenger fastes or secures to attend them or any particular Prison allotted unto them who by their Commissions Elections or Trusts reposed in them by their King and Countries may search and never find any power or Authority lodged in them who never were or are any Court of Judicature to Seise Arrest or Imprison any of their Fellow Subjects but since that late Incroachment which hath no older a Date than about the latter end of the Raign of our King James the First who upon his observation of some of their Irregularities jestingly said that the House of Commons in Parliament were an House of Kings it never being intended by those that Elected them or our Kings and Princes that admitted them that they should have or exercise any power to Seise or Imprison or any place or Prison allowed by our Kings as their particular Prison and though it appears that they had in the latter end of the Raign of King Henry 6. a Clerk yet it was by the grants of our Kings by themselves have by the Kings permission appointed Door-keepers but upon any occasion or cause of Imprisonment or punishing any offenders could find no other means Praesident or way unto it than to make use of the Kings Serjeant at Arms attending their Speaker who arresteth and either carrieth them to Prison to the Tower of London which is no Prison appropriate to matters of Parliament either to the House of Peers who are to consult and advise their Soveraign or the House of Commons to Assent and obey the Tower of London being only the Kings Prison for special offenders and more than ordinary safe Custody the Marshallsea for the Courts of Kings-Bench and Marshallsea the Fleet for the most of the Courts in Westminster-Hall that was anciently the Kings House or Palace every County or City in England and Wales and the Court of Admiralty having their particular Prisons appertaining to their Coercive Power subordinate to their King every Prison being alwaies stiled and said to be prisona nostra or prisona domini Regis the Prison for or of the King whereby to restrain offenders of their Liberties and keep them in the Custody of the Law until they can be tryed and give Satisfaction to the Law so as if there were no other cogent arguments or evidences amongst multitudes of those that in our Annals and Records and the whole frame and constitution of our Kingly government to support and justify the Soveraignty thereof that only one of our Kings allowing their Speaker the attendance of one of their Serjeant at Arms with his Mass or Mace as an Ensign of Royal Majesty with a pension for his support and House keeping and an allowance of large Fees as aforesaid might be sufficient to proclaim a most certain Soveraignty and Supremacy in our Kings and Princes and none at all in the House of Commons who may do well to take more heed in their ways and incroaching upon Regal Authority which in the Raigns of King Edward the third and King Richard the 2d
any thing that had been Acted amiss in that Court who bringing it unto him in writing he so much approved thereof as he took him by the hand and gave him great thanks but the fatality of that lamentable attempted alteration of our ancient Monarchy into an Anarchy or Poliarchy with by their good will a nudum nomen of a metamorphosed Monarchy and that unhappy as aforesaid proposer of it cannot if he were now amongst the living but remember that after I had Written a Book to Justify the Tenures in Capite entituled Tenenda non Tollenda dedicated to the Lord Chancellor but delivered it unto him before the Act had passed against them and not at all imagining that Mr. Solicitor General had been so over-active in destroying them desired him that he would be a means to procure the military Services to be reserved was answered it could not be done and yet notwithstanding about a year or two after attending him about some other affairs he was pleased to say unto me Mr. Philipps do you ever think to write in the Tenures in Capite again unto which I answering no Sir but I think the Child that is yet unborn may rue it unto which he replyed so do I also think or I am of that opinion which shews that though he did it without the Kings knowledge and as a special Service to be done unto him did him that great mischief he never intended and was sorry for it afterwards But when it was the wisdom of former ages to know what to contend for before they quarrelled therefore it may be necessary to let the Cavalling party understand that there are multitudes of Priviledges which are not Priviledges of Parliament but truly and properly are the Priviledges and Properties in their own Estates and they may be kinder to themselves if they will but take a view of such Priviledges and Properties as they can call their own § 28. Of the Protection and Priviledge granted unto the Members of the House of Commons in Parliament by our Soveraign Kings and Princes during their Attendance and Employments in their great Councels of Parliament according to the Tenor and Purport of their Commissions COuld be granted by none but by our Kings the Original either by grant or permission of all Priviledges and Liberties enjoyed by their Subjects under or in order to their Monarchick Regal Government a view or Prospect whereof well warranted by our Laws Records and Annals and from time to time contemporary Historians and experimented rules of right reason may serve to settle and rectifie the ill founded and superstructed fancies and opinions rather than Judgments built thereupon which like some ignis fatuus have led many otherwise well meaning people that heartily hated Rebellion and Perjuries into the Bogs and Snares of those very great and pernicious sins against God and his Vicegerents their Neighbours and fellow Subjects when their so ever much mistaken priviledges of Parliament will appear to be no more but temporary and of no long duration but from one usually short Parliament to another when they were petitioned for before they were granted The Finis end or motives whereof was primarily and principally the Kings important occasions of summoning a Parliament and causing them to come thither and he only was the Efficient cause or causa sine qua non thereof to protect and keep them from disturbances whilst they were busy and employed in his service either in their coming tarrying or returning And therefore the Members of the House of Commons were so sensible and willing to have those priviledges to be granted unto them as might be necessary for the affairs wherewith he had intrusted them as they not dceming any other to be requisite or belonging unto them And not thinking any more or other Priviledges to be requisite for the publick good were by the Kings License for better Orderand methods sake to Elect one of their Members to be their Speaker and present him unto the King who very seldom refused him notwithstanding his usual disabling himself by modest excuses after whose allowance he did in the presence of many of his fellow Members make it his and the House of Commons special request at that time before and ever since believed to be pertinent and necessary the priviledge of freedom of Access to his Majestys person and freedom from Arrest and Imprisonment for themselves and their moenial Servants whilst they according to their duties attended his commands in veniendo morando redeundo and a third for himself since the miscarriage of an over-busy Speaker in the Raign of King Henry the fourth to be pardoned for his ignorance in case he should speak any thing ignorantly to the displeasure of his Majesty which ought to be kept within their proper limits and bounds and not let loose to all or any the Extravagant interpretations of the Roving fancies either of the Vulgar or Factious neither making additions thereunto or Supernumeraries or as many as they please by a new Art of mutiplication Alchymy or Transmutation or as if they had purchased th◠often beggaring and deluding so called Philosophers Stone properly enough so stiled from making their Sectaries to be as poor as Philosophers use to be by transmating all that it toucheth into it self or something like it and rendring the aforesaid two or three priviledges to be 100 or 1000 10000 or 20000 cum multis aliis there having been an abundance of various sort of priviledges not Priviledges of Parliament as well Civil as Ecclesiastick even to an Excess granted by the Indulgence of our Kings and Princes in the great and various concerns of their particular Affairs and Estates as far as the extent of their fancies could carry them and therein grew to be something confident if they could procure some success to Warrant it they might in good time by the help of their never-tyring Cavilling Tricks and Endeavours accomplish as much as ever the Colledge de beaux Esprits at Paris or the Experiment-mongers of our Gresham Colledge did hope to do by the transmutation of young Blood into Old Bloodless Carcasses which might have done no small mischief to our circulating Doctors of Physick And therefore certainly it would be more available before we hunt our selves out of our Loyalty Christianity Religion Wits and Estates to enquire into the natural and true meaning of the word Priviledge of Parliament and Proprieties and how far it can carry us into those very different Proprieties and that which we may truly and not fictitiously call our own Wherein the Civil Law that universal Method of the reason of the World in the diffinition and true meaning and intent of priviledges concludeth that privilegium neque stricte neque nimis large interpretari debet ne gravem aliis Jacturam adfert Quando igitur sine quavis gravamine alterius non possunt concedi Privilegia proximum est ut cessant cum nimium laedant Et Privilegium est
Secretaries of State two Chief Justices and Chief Baron not being to be ranked with the Peers may always be chosen by the approbation of both Houses of Parliament the House of Commons being never before accompted equal with the House of Peers in Birth Honour Wisdom Education Alliance or Estate and in the Intervals of Parliament by the Assent of the Major part of the Councel in such manner as was before expressed in the choice of Councellors which in a matter of a much less consequence in the Government of the Kings Houshold was so little endured by the Nobility of England in the 10th year of the Raign of King Richard the 2d as it was adjudged an incroachment upon Regal Authority and high Treason and some great Lords suffered in their Persons and Estates for it and others glad to receive their Pardons for being confederate or Privy thereunto 4. That he or they unto whom the Government or Education of his Children shall be committed shall be approved by both Houses of Parliament and in the Intervals of Parliament by the Major part of his Council in such manner as was before expressed in the choice of Councellors and that all such Servants as are now about them against whom both Houses shall have any just exception shall be removed which before they had disclaimed as Mr. Rushworths Historical Collections Printed and allowed by them not long before had informed us 5. That no Marriage shall be concluded or treated for any of his Children with any Forreign Prince or any Person whatsoever abroad or at home without the consent of the Parliament under the penalty of a Praemunire unto such as shall conclude or treat any Marriage as aforesaid which they had as aforesaid disclaimed and the said penalty shall not be pardoned or dispenced with but by the consent of both Houses of Parliament that lower House never having before or since any power of pardoning or dispensation nor that higher without the Sanction or Authority of their Soveraign 6. That the Laws in force against Jesuits Priests Papists and Recusants be put in execution without any Toleration or Dispensation to the contrary and that a course may be enacted by Authority of Parliament to hinder them from making any disturbance in the State or Law by Trusts or otherwise 7. That the Votes of Popish Lords in the House of Lords may be taken away so long as they continue Papists and that his Majesty would consent to such a Bill as shall be drawn for the Education of Children of Papists by Protestants in the Protestant Religion which was to take away the Priviledge of Barons holding by Tenure without conviction for Treason and of Earls Viscounts Marquesses or Dukes which ever since the beginning of the Raign of King Richard the 2d were by that and all succeeding Kings Letters Patents to have vocem locum sedem in Parliamentis 8. That his Majesty would be pleased to consent that such a Reformation be made of the Church Government and Liturgy as both Houses of Parliament shall advise wherein they do intend to have consultation with Divines as is expressed in their Declaration to that purpose and that his Majesty will continue his best assistance unto them for raising of a sufficient maintenance for Preaching Ministers through the Kingdom when there was no want of the Orthodox more Loyal and better sort and that his Majesty would be pleased to give his consent to Laws for the taking away of Superstitions and Innovations and of pluralities and scandalous Ministers which in their accompt were only of the Church of England and Loyal 9. That his Majesty would be pleased to rest satisfied with the course that the Lords and Commons have appointed for the ordering of the Militia until the same shall be further setled by a Bill and that his Majesty would be pleased to recal his Proclamations and Declarations against the Ordinance made by the Lords and Commons concerning it which was to take away the Tenures the Power of the Sword and defence of his People 10. That the Members of either Houses of Parliament as have during the time of this present Parliament been put out of any Places or Offices may either be restored to their Place or Office or otherwise have satisfaction for the same upon the Petition of that House whereof he or they are Members 11. That all Privy Counsellors and Judges may take their Oath the form thereof to be agreed on and setled by Act of Parliament for the maintaining of the Petition of Right which was in many things more than ever they could claim or ever had or could by Law have any Right unto and of certain Statutes made by this Parliament which shall be mentioned by both Houses of Parliament as if they were in all Duty and Loyalty bound to make him a glorious King thought they could never have unking'd him enough and brought him to their murdering ever to be abhorred Tribunal and that an inquiry of all the Breaches and Violations of all those Laws may be given in charge by the Justices of the Kings Bench and by the Justices of Assize in their Circuits and Justices of the Peace at their Sessions to be presented and punished according to Law 12. That all the Judges and Officers placed by approbation of both Houses of Parliament may hold their places quam diu se bene gesserint 13. That the Justice of Parliament may pass upon all Delinquents whether they be within the Kingdom or fled out of it And that all persons cited by either House of Parliament may appear and abide the sentence of Parliament 14. That the general Pardon offered by his Majesty may be granted with such Exceptions as shall be advised by both Houses of Parliament 15. That the Forts and Castles of this Kingdom may be put under the Command and Custody of such persons as his Majesty shall appoint with the approbation of his Parliament and in the Intervals of Parliament with the Major part of the Council in such manner as is before expressed in the choice of Councellors 16. That the extraordinary Guards and Military Forces attending his Majesty may be removed and discharged and that for the future he will raise no such Guards or extraordinary Forces but according to the Law in case of Actual Rebellion or Invasion an Imposition and Vassalage was never put upon any thing that was like a King in Christendom for the Kings of Scotland whilst seperate from England and did homage to our Kings had when there was cause enough of fear and jealousie as now there was none no such unkingly Vassalage put upon him King David had 24000 men for his Guard who every Month came up to Jerusalem and our Saxon King Alured had his Guards by monthly courses 17. That his Majesty would be pleased to enter into a more strict Alliance with the States of the united Provinces and States of the Protestant Religion for the defence and