Selected quad for the lemma: lord_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
lord_n	earl_n	henry_n	howard_n	15,468	5	12.4371	5	false

Text snippets containing the quad

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

be avoided by Attaint or by Error as it hath been used by the Laws in the time of the Kings Progenitors 4 H. 4. c. 23. The Parliament may take Recognizances whilst it is sitting viz. the Upper House 1 H. 7.20 and so it seems may the Lower House Recogn Br. 8. Parl. Br. 92. Note That it hath been often sound that Wales and the Counties Palatines that did not come to Parliament should not be bound by the Parliament of England for Ancient Demesn is a good Plea in an Action of Waste given by the Statute and yet Ancient Demesn is not excepted and it is enacted 2 E. 6. c. 28. that Fines with Proclamations shall be in Chester for the former Statutes do not extend to it and it is enacted that Fines with Proclamation shall be likewise in Lancaster 37 H. 8. c. 19. and Proclamation upon an Exigent is given by Statute in Chester and in Wales 1 E. 6. c. 10. and such another Act of Lancaster 5 6 E. 6. c. 26. And the Statute of Justices of Peace shall not extend to Wales nor to a County Palatine and therefore an Act is made for Chester and Wales 27 H. 8. c. 5. But see Tit. County Palatine 17. 20. that any Act shall extend to a County Palatine 8 H. 6. c. 34. See above the Act for Knights and Burgesses of the said County Palatine to come to Parliament c. 34 H. 8. c. 13. The Wife of a Duke Earl Baron and such as being married or Widows in Case of Felony and Treason shall be tried by their Peers as her Husband shall be tried per 20 H. 6. c. 11. Stamf. 153. But if her Husband cannot have such Tryal the Wife shall not and if after the death of the Husband she marries an Esquire or Knight she loses her Dignity in Law Dyer 79. An Attachment is not grantable by the Common Law Statute Law Custom or Precedent against a Lord of Parliament and the Lord Cromwel by order in the Parliament Chamber was discharg'd of such Process Dyer 316. See Debt for 100 l. brought by R. Buckley Knight against Richard Thomas of Lanuaire upon the Statute of 23 H. 6. for that he was chosen Knight for the County of Anglesey in Wales which said R. T. being Sheriff of that County did not return him accordingly where it was argu'd that the Statute did not extend to Wales as to give the forfeiture aforesaid to the Knight chosen and not returned And yet it was adjudged that the Plaintiff should recover because the Statute 27 H. 6. enacts that the Country and Dominion of Wales shall be stand and continue for ever incorporated united and annexed to and with the Realm of England and that every Person born or after to be born in the said Country or Dominion of Wales shall have enjoy and inherit all and every Liberties Franchises Rights Privileges and Laws within this Realm and other Dominions of the King as other Kings Subjects naturally born within the same have had and have enjoyed Com. 120. If a man speaks slanderous words of the Queen and is not punished within the time given by the Statute of 23 Eliz. c. 2. he shall be punished by the Statute of Westm. 1. viz. shall be imprisoned untill he find the Person that spake c. according to the Statute W. 1. cap. 33. and not according to the advice of the Council for that is when the slander touches the Nobles and great Officers expressed in the Statutes made 2 R. 2. c. 5. 12. R. 2. c. 11. and not the King for he is a Person exempted and not implyed in those words of great Men and Nobles Dyer 155. In a Praemunire against a Lord of Parliament he ought to appear in his proper Person and not by Atturney unless he has a special Writ of Chancery 14 H. 4.14 9 E. 4.2 Note that in January 38 H. 8. Henry Howard Earl of Surrey Son and Heir Apparent of Thomas Duke of Norfolk was attainted of high Treason for joyning the Arms of England before the Conquest and other Arms after to his own Arms and other pretences against the Prince and he was tried by Knights and Gentlemen and not by Lords nor by Peers of the Kingdom for that he was not an Earl by Creation but by Birth as Heir Apparent of a Duke who was invested with the dignity in Law for if it had been a Dignity by Creation and a Lord of Parliament he should have been tried by his Peers 38 H. 8. Treason Br. 2. A Statute in the Affirmative doth not alter the Common Law Dier 50. Every Session is as a Parliament Dyer Fol. 203. Note An attaint by Parliament shall have Relation to the first day of Parliament as to the forfeiture of the Lands of the Offender unless it be specified in the Act that the forfeiture shall relate to the day when the Treason was committed Relation 43.35 H. 8. Note That in every Case of Treason or Felony newly made by Statute the Lords of Parliament shall have their Tryal by their Peers notwithstanding that the Statute does not provide for it by express Words so that the Proviso inserted for their Tryals in such Cases in the Statute is an abundance per Stamford 153. And Tryal per pares is given by Magna Charta cap. 9. Stamford 152. Note That in Cases of misprision of Treason or Felony Lords of Parliament shall be tried by their Peers Note That a Statute was made Anno Domini 1296. by the King and his Barons Clero excluso and this was at a Parliament holden at St. Edmundsbury in the Reign of Ed. 1. as Jewel Bishop of Sarum against Harding fol. 620 reporteth And in a Province at Merton in the time of H. 3. 1273 where the matter was moved touching Basterdy for the Legitimation of those that were born before Marriage and it is said that the Statute passed intirely with the Lords Temporal without the Clergy but it seems that it is no Statute but an affirmance of the Common Law which the Lords said that they would not alter see 11 R. 2. cap. 9. A man attainted of Felony or Treason shall not be restored in Blood without Parliament Restitution Br. p. 37. 3 E. 6. In a Homine Replegiando the Sheriff returnes that the Defendant had eloigned the Body so that he could not make deliverance c. then the Plaintiff shall have a Capias in Withernam to take the Body of the Defendant and detain him c. untill c. be he either a Peer of the Realm or other Common Person and if the Sheriff return Non est inventus upon this Capias in Withernam of the Body then the Plaintiff shall have a Withernam of the Goods of the Defendant F. Nat. Brevium 68. 11 H. 4.15 R. E. brought a Writ of Chancery and of the Privy-Seal to be discharged of serving in Juries and Assizes for that he was a Baron and therefore ought not to be

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

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