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
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
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 noâ— by his Peers because it is at the suit oâ— the Party Trial. Br. 142. Coron Br. 153.10
forfeitures as before mentioned to be levied of the Goods and Chattels of every such Mayor Bayliff or other head Officers to whom the Kings said Writ shall be directed for the levying of such Fees making default of pavment of the said Fees and Wages to the Burgesses in manner and form as is aforesaid And the Burgesses of Cities Boroughs and Towns within the twelve Shires of Wales and the County of Monmouth which are or shall be contributory to the payment of the Burgesses Wages of the said Shire-Towns shall be lawfully admonished by Proclamation or otherwise by the Mayors Bayliffs or other head Officers of the said Towns or by one of them to come and give their Elections for the electing of the said Burgesses at such time and place lawful and reasonable which shall for that intent be assigned in which Elections the Burgesses shall have like Voice and Authority to elect and name the Burgesses of every the said Shire-Towns as the Burgesses of the said Shire-Towns have or use Ibidem Two Justices of Peace in every of the said Shires in Wales and in the said County of Monmouth have Power and Authority indifferently to lot and tax every City Borough and Town within the Shires in Wales wherein they do inhabit and in the said County of Monmouth for the Portions and Rates that every the said Cities and Boroughs shall bear and pay towards the said Burgesses within the said Shire-Towns of every of the said Shires in Wales and the County of Monmouth which Rates so rated and taxed in gross by the said two Justices of Peace as is aforesaid shall be again rated and taxed on the Inhabitants of every the said Cities and Boroughs by 4 or 6 discreet and substantial Burgesses of every the said Cities and Boroughs in Wales thereunto named and assigned by the Mayor Bayliffs or other Head Officers of them for the time being and thereupon the Mayors Bayliffs and other Head Officers of every such City Borough or Town to collect the same and thereof to make payment in manner and form as aforesaid to the Burgesses of the Parliament within like time and upon the like pains and forfeitures as is above mentioned 35 H. 8 c. 11. The Kings Assent by his Letters Patents under the great Seal of England and signed with his Hand and notified in his absence to the Lords of Parliament and Commons assembled together in the higher House is and ever was of as good strength and force as if the King's Person had been there personally present and had assented openly and publickly to the same and such Royal Assent notified as aforesaid shall be taken good and so effectual to all Intents without ambiguity or doubt any Custom or Usage to the contrary notwithstanding 33 H. 8. cap. 21. Every Knight chosen for the Parliament and Sheriff that makes Election for them shall have their Traverse to such Inquests and Offices before any Justices of Assize hereafter to be taken and they shall not be endammaged unto the King for any such Inquest taken untill they be duly convicted according to the form of the Law 6 H. 6. cap. 4. All the Clergy hereafter to be called to the Convocation by the King 's Writ and their Servants and Familiars shall for ever hereafter fully use and enjoy such Liberty or Defence in coming tarrying and returning as the great Men and Commonalty of the Realm of England called or to be called to the King's Parliament do or were wont to enjoy 8 H. 6. cap. No Appeal shall be pursued in Parliament 1 H. 4. c. 14. The Burgesses of Parliament shall not be Collectors of a Fifteen except they can dispend in the County out of the City or Borough of which they are Burgesses in Lands or Tenements to the value of an hundred Shillings by the Year over the Charges and Reprises 18 H. 6. cap. 5. Knights Citizens Burgesses and Barons of Parliament must take the Oath of Supremacy before they enter into the Parliament House but Lords of Parliament shall not be compelled to take the said Oath 5 Eliz. c. 1. Vide How Lords of Parliament shall be placed in the Parliament and other Assemblies and Conferences of Council 31 H. 8. cap. 10. Lords of Parliament for matters of Religion shall be tried by their Peers 1 Eliz. c. 2. Persons attainted by Parliament and after become Lunatick shall be executed notwithstanding 33 H. 8. c. 20. Quere if this be not repeal'd by 1 2 Ph. Mary c. 10. Staunford 153. Women that have Joyntures assigned after marriage may wave them and take their Dowry at Common Law if the Joynture be not assigned by Parliament 27 H. 8. c. 10. The County Palatine of Chester shall have two Knights for the County Palatine and likewise two Citizens to be Burgesses for the City of Chester to be chosen by Process to be awarded by the Chancellor of England unto the Chamberlain of Chester or his Lieutenant for the time being And so like process to be made by the Chamberlain or his Lieutenant or Deputy to the Sheriff of the said County of Chester And the same Election to be made under like manner and formed to all intents constructions and purposes as is used within the County Palatine of Lancaster or any other County and City within England which Knights and Burgesses and every of them so elected shall be returned by the said Sheriff into the Chancery of England upon the like pains as it is ordained that the Sheriff of any other County within this Realm should make their Return in case like Which said Knights and Burgesses and every of them so chosen and returned shall be Knights and Burgesses of the Court of Parliament and have like Voice and Authority to all intents and purposes as any other the Knights and Burgesses of the said Court of Parliament have use and enjoy And also may have and take all and every such Liberties Advantages Dignities Privileges Wages and Commodities concerning the said Court of Parliament to all Intents Constructions and Purposes as any other the Knights and Burgesses of the said Court may or ought to take and enjoy 34 H. 8. c. 13. If any Assault or Affray be made to any Lord Spiritual or Temporal Knight of the Shire Citizen or Burgess coming to the Parliament or to other Council of the King by his Commandment and there being and attending at the Parliament or Council that then Proclamation shall be made in the most open Places in the Town by three several days where the Assault or Affray shall be made that the Party that made such Affray or Assault yield himself before the King in his Bench within a quarter of a year after the Proclamation made if it be in the time of the Term or otherwise at the next day in the time of the Term following the said quarter and if he do not that he be attainted of the same deed and pay to the Party grieved his double
damages to be taxed by the discretion of the Justices of the same Bench or by Inquest if it be needful and make Fine and Ransom at the King's will and if he come and be found Guilty by Inquest by examination or otherwise of such Affray or Assault then he shall pay to the Party so grieved his double damages found by the Inquest or to be taxed by the discretion of the said Justices and make fine and ransome at the King's will as above is said 11 H. 6. c. 11. Vide the Act made for the assurance of Lands to John Hind Serjeant at Law and his Heirs paying annually ten pounds towards the maintenance and wages of Knights of Parliament for the County of Cambridge for ever 34 35 H. 8. c. 24. Note by Kirby Clerk of the Rolls of Parliament that the custom or usage of Parliament is that if a Bill come first to the Commons and they pass it then the Use is to indorse it in such manner Soit baile a Seigniores and upon that if neither the Lords nor the King do alter it then it shall be delivered to the Clerk of the Parliament to be enrolled without indorsing it and if it be a general Bill it shall be inrolled but not if it be a private Bill but it shall be put on the File and that is sufficient but if the party will sue to have it inroll'd then it may be inroll'd for sureties sake 33 H. 6. 17. If the Lords will alter a Bill in that which may stand with the Bill they may so do without remanding to the Commons as if the Commons grant Poundage for four years and the Lords will grant it but for two years this Bill shall not be carried back again to the Commons But if the Commons grant it but for two years and the Lords will grant for four years there the Bill shall be delivered to the Commons and in this case the Lords ought to make a Schedule of their Intention or indorse the Bill in this manner The Lords have assented for the term of four years And when the Commons have the Bill again and they will not assent to it this can be no Act. But if the Commons will assent then they indorse their Answer upon the Margent of the Bill beneath in such form The Commons have assented to the Schedule of the Lords annex'd to the same Bill and then it is delivered to the Clerk of Parliament ut supra 33 H. 6. 17. If a Bill be first delivered to the Lords and they pass it they use not to make any Indorsement but send the Bill to the Commons and if it pass them the use is to indorse it thus Les Commons sont Assentants and this proves that it passed the Lords before And therefore if J. S. be attainted of Trespass by Parliament and the Commons assent that if he does not come in by such a day he shall forfeit such a Sum and the Lords give him a longer day and the Bill is not sent back to the Commons again this is no Act for that the Bill was not delivered back to the Commons after the inlargement of the day given by the Lords 33 H. 6.17 Every Bill that passes the Parliament shall have relation to the first day of Parliament although it come in at the end of the Parliament and it is not the custom to make any mention what day the Bill was delivered in to the Parliament per Faukes Clerk of the Parliament 33 H. 6. 17. unless a time be specially appointed by the Statute when it shall Commence Com. 79. If the Parliament begin before Pentecost and continue after Pentecost and the Commons agree to a Bill after Pentecost and give a day at Pentecost next and the Lords do so too Now for that a Bill shall have relation to the first day of Parliament if it be not ordered otherwise it shall be taken for this Pentecost which is passed at this Sessions whereas the intent of the Lords and Commons was that it should be Pentecost after this Petition named in the Bill Parliament B. 4. Altho the Lords and Commons agree to a Bill yet it is no Act till the King has given his Royal Assent to it in proper Person or under his great Seal and if the King Assent then is written upon the Bill Le Roy veult And if the King will not Assent then it is indorsed Le Roy advisera 33 H. 6. 17. 33 H. 8. c. 21. Every Knight Burgess Baron of the Cinque Ports or other call'd to Parliament shall have priviledge of Parliament during the Parliament or Session of Parliament so that he that arrests any of them during that time shall be imprisoned in the Tower by the Lower House of which he is and shall be put to a Fine and the Keeper also if he will not deliver him so arrested when the Serjeant at Arms comes for him by the command of the House of which he is Dier 60. Note in the Lower House when a Bill is read the Speaker does open the parts of the Bill so that each Member of the House may understand the intention of each part of the Bill and the like is done by the Lord Chancellour in the Upper House then when it is read the second time sometimes it is ingrossed without any Commitment but then the Speaker makes question of it in this manner The question is Whether this Bill shall be ingrossed or not As many as would have the Bill ingrossed shall say Yea and as many as would not say No. But in the Upper House of Parliament when such question is made about Ingrossing if there be no Contradiction the Lords do not deliver their Assent in saying Content or their Dissent in saying Not Content for husbanding the time But if there be any Contradiction it is tried Seriatim by Content or Not Content but neither in the Upper or Lower House the Lord Chancellour or Speaker shall not repeat a Bill or an Amendment but once Ibidem When a Bill is committed to the second reading then if the Committees amend it in any point then they shall write down their amendment in a Paper and shall direct to a Line and between what words the Amendment shall be put in or what words shall be interlined and then all shall be ingrossed in a Bill Ibid. And if a Bill pass in the Commons House and the Lords amend the Bill when it is sent to the Upper House they do as before shew the Line and between what words and after the Amendments are ingrossed with particular References and the Bill with the Amendments are sent again to the House of Commons where they affirm them The amendments are read three times and then they insert them in the body of the Bill and so ê Converso of a Bill which passeth first in the Upper House But Note that in one of these Cases the intire Bill shall not be read again in the
E. 4.6 Stam. 152. Otherwise it is in an Indictment of Treason or Felony for that it is at the suit of the King 10 E 4.6 The Duke of Somerset in the time of Ed. 6. was tried for Felony and Treason by his Peers upon an Indictment for it is the Suit of the King Coron Br. 153.10 Ed. 4.6 accords And there it is said by Littleton that the Lord Gray of Codnor in an Appeal was tried as a Common Person is and not by his Peers although he was a Lord of Parliament Treason Br. 2. A man may be attainted by Parliament of Treason as well as by the Common Law by Verdict Outlawry or Confession because the Parliament is the highest Court of Record in England and shall not be restored in his Blood without Parliament but the King may give to him that is attainted his Life by his Charter of Pardon and that by apt Words Stanford 53. The King cannot alter the Common Law nor a general custom of the Country as the descent of Land in Gavil-kind Borough-English and such like withoutParliament Prerogative Brooke 15. 11 H. 4. 74. and see the Statute of 33 H. 8. c. 3. of the alteration of descents of Gavil-kind and that the descent shall be as to Heirs at Common Law When a Lord of Parliament is tried by his Peers they shall not be sworn to say their Verdict but they shall give their Verdict upon their Honour and are not otherwise charged but upon their Honours 1 H. 4. 1. and Stamford 152. From this note what accompt the Law makes of a Peers Word when he speaks upon his Honour and this in case of a mans Life A multo fortiori they ought to observe in lesser Cases when they speak and make promise upon their Honour upon good Considerations When a Statute may be taken to a double intent the better shall be taken for the King as the Statute of 14 E. 3. c. ultimo in Stat. 1. it is ordained that for every Sack of Wool carried out of the Realm the Merchant shall find Surety to bring into England Plate of Silver of two Marks and to take two marks of Coyn again for Bullion and after were two Statutes one made 36 E. 3. c. 11. whereby it is ordained for that the Commons have granted to the King of every Sack of Wool for three years one grand Subsidy he grants by the same Statute that after the three years nothing shall be taken or demanded of the Commons but the ancient Custom of one Mark of every Sack of Wool and the other Statute made 45 E. 3. c. 4. which ordains that no Imposition or Charge shall be put upon Wools c. other than the Custom and Subsidy granted to the King in no sort without the assent of the Parliament and upon an Information in the Exchequer against one that had carried Wools and had not found Surety according to the said Statute of 14 E. 3. which two Statutes aforesaid were pleaded and adjudged that the finding of Surety for bringing in the two Marks of Bullion is not taken way for every Statute shall be taken most beneficial for the King where it may be taken to a double intent and it shall be taken that it was the intent of the Makers of those said Statutes to discharge the Commons of the grand Charges upon Wools after the three years 4 E. 3. fol. 3. fol. 12. Barre Fitzh 309. Vide Com. 10. 11. The Duke of Buckingham brought an Action de Scandalis Magnatum against one Lucas for that he had said the Duke had no more Conscience than a Dog and so that he may have Goods he cared not how he came by them and recovered forty pound as appears Mich. 4 H. 8. Rot. 659. And the Duke may have a Suit in the Star-Chamber for such words and I have viewed a Copy of the Record The Lord Abergaveny brought an Action upon the said Statute against Cartwright for that the Defendant had told and counterfeited false news of the Plaintiff to which the Defendant said that the Plaintiff will wind the Guts of the Defendant about his Neck the Defendant pleaded not Guilty and in Evidence the Plaintiff shewed a Letter written to one B. wherein the Defendant said that he understands by Report that the Lord had said ut supra and held good Evidence and it was found for the Plaintiff and had Judgment accordingly And so see that to write and to say are all one for it is publick Vide Book of Entries 13. that fixing a slanderous Bill in an open and and publick Place bears an Action c. In an Errour in Parliament the Record remains with the Justices and they are to shew it to the Parliament and it shall not be removed to Parliament 8 H. 5. Errour Fitzh 88. Dyer 375. In such Case the Roll was carried by Wray Chief Justice into Parliament for the Errour was assign'd in the King's Bench but after that the Court of Parliament had examined it he takes the Record with him and leaves a Transcript in the Court of Parliament A Petition in Parliament exhibited by A. T. for a Title he made to Land that the King enjoyed which was received and sent into Chancery to be tried Ass. Fitzh 287. Lib. Ass. and he surmised that there was a delay in the Tryal of his Right Those of London may bargain and sell their Land there as they might before the Statute of Inrolments and so it may be done in other Boroughs and Cities and it was the Opinion of the Justices of both Benches that the Lands in Cities c. are where the Common Law is exempted from the Act and so that Lands devisable before 32 H. 8. c. 1. are devisable at this day notwithstanding the Act aforesaid Dyer 155. And so a Statute in the Affirmative shall not change the Common Law nor common Custom of a Town as to Inheritances A Lord of Parliament shall have Knights upon his Tryal in every Action 27 H. 8 fol. 27. Challenge Fitzh 115. 13 E. 3. in a Quare Impedit against a Bishop it has been so adjudged Com. 117. Dyer 208. according A Lord of Parliament may be Outlaw'd for Murder 27 H. 8. Fol. 17. and it was the Case of the Bishop of Winchester Ibidem Vide Proc ' F. 224. If a Lord of Parliament makes a Rescous a Capias shall be taken out against him if the Sheriff return the Rescous otherwise it is in Case of Debt 27 H. 8.27 An Exigent shall issue forth against a Lord of Parliament if it be not certified that he is a Lord of Parliament 27 H. 8.27 35 H. 6. A Lord of Parliament shall not be Sworn on an Inquest 27 H. 8.27 Day of Grace shall not be given against a Lord of Parliament 27 H. 8.27 27 E. 3. A Capias ad Satisfaciendum does not lye against a Lord of Parliament 27 H. 8.27 for the Law presumes that he has Assets c. 11 H. 4.15
than of a particular Act for a particular Person for this Act is not general but particular in a generality That all Corporations c. or that all Lords or all Bishops shall have such a Thing c. But where an Act is general and extends to every Man this ought to be pleaded 13 Eliz. 4.8 A particular Act was made that the Chancellor calling to him a Justice may award a Subpaena against A. and B. and make Fine of the matter there all the Justices besides Littleton would not award a Subpaena General but a Special one making mention of the Act for a particular Act shall be taken strictly and a general Act for the Publick Good shall be construed largely 14 Eliz. c. 41. Every one shall be bound by an Act of Parliament if his Right be not saved for every one is privy to an Act of Parliament 21 H. 7.4 by Vavisor The Statute gives a Writ of Praemunire c. Yet one may have a Bill in the King's Bench in Custodia Mareschalli 2 R. 3.17 and the Statute of 1 R. 2. c. 12. gives a Writ of Debt against the Jaylor and yet the Party may have a Bill upon the Escape against him Com. 35. If the King be intitled to the Land of J. S. by forfeiture for Treason or Felony by Act of Parliament or Office by this all Tenures are determined as well of the King as of all others and there if this Land be afterward given to another by another Act of Parliament saving to others all Rights Interests Titles Rents Service and the like as if no such Act had been made there the Seigniories and the like are revived for no Seigniory was in esse at the time of the second Act made and so there are no Words of giving nor of reviving but Words of saving which serve not but to save that which is in esse at the time of saving c. But such Proviso in the first Act may serve for it comes with the Act that intitles the King and if the King is intitled to Land by Office by Escheat and after it is enacted by Parliament that the King shall enjoy it saving to all others their Seigniories and Hundreds there such saving will not serve for the Reason aforesaid for all was extinct before by Office and nothing was in esse at the time of the saving c. 27 H. 8. Parliament Br. 77. Note If an Act be general viz. Where it speaks as well within Franchise as without this shall bind a County Palatine 19. H. 6.12 by Hoddy Note Those Words that destroy Life and Member in Statutes are intended of Felony as the Statute of Westm. 2. c. 34. where a Man ravished a Woman espoused or Damsel that assented not before or after he shall have Judgment of Life and Member which Words have always been taken to be Felony without the word Felony mentioned in a Statute and so the Statute de frangentibus Prisonam 1 E. 2. Coron Br. 204. 9 E. 4.20 If a Felon be pardoned by Parliament and pleads not Guilty he shall not have a Writ of Conspiracy for the Felony was gone before by the Pardon Fitzh Nat. Br. in the Writ of Conspiracy there In a Replevin the Defendant justifies as under Sheriff of London by a Fieri facias to levy the Expences of the Knights of Parliament amounting to c. And every Hundred was put in certain and W. one of the Towns of such an Hundred was rated 10 l. and he as under Sheriff took the Cattel in the Town in such a Place and the same Beasts he sold and paid the Knights and so avows c. And there by the Court he may take the Arms of a Man for the Duty of the whole Town and that those Boroughs which send Burgesses of Parliament shall not pay to the Expences of the Knights of the County unless there be a Prescription That the Tenants of the Ancient Possessions of Lords of Parliament have paid towards the expences of Knights of Counties But if the Lords purchase Lands de novo that are lyable to those Expences there the Tenants must pay 11 H. 4. Fol. 2. The Villains of Lords of Parliament that come to Parliament shall not be contributory to the Wages of Knights of the County that come to Parliament but the Lords shall have Letters in their own names directed to the Sheriff commanding him not to distrain their Villains c. F. N. B. fol. 229. If there be divers Sessions in one Parliament and the King signs not a Bill till the last there all is but one and the same day and all shall have Relation to the first day of the first Session and the first day and the last are but one Parliament and one and the same day unless special mention be made in the Act when it shall take its force but every Session wherein the King signs Bills is a day by it self and one Parliament by it self and shall have no other Relation but to the same Session 33 H. 8. Parliament Br. 86. Note If a Man in pleading alledge a Statute and misrecites it in the Matter or in the Year Day or Place the other Party may demurr generally because there is no such Law for every one that alledges a Statute ought to recite the Law truly but in the Kings case it may be amended and this in another Term otherwise in the case of a common Person 33 H. 8 Parliament Br. 87. A Man cannot prescribe against a Statute as in Trespass the Defendant prescribed to distrain for Tenure upon the Land holden and to carry the distress to D. in another County whereupon he was condemned for the Statute is that a man shall not take a distress in one County and carry it into another Marlebr 4. and W. 1. c. 16. 30 Lib. Assis. Pl. 38. Prescription Br. 50. And yet if a man hold Land in one County of a Mannor that is in another County he may distrain for Rent or Services of the same Land and carry the distress where the Mannor is and impound it there 1 H. 6.4 Vide Prescription Fitz. 58. 8 H. 3. c. 6 H. 8. Rot. 351. Ass. was awarded of Damages for the Plaintiff upon Certificat of the Bishop that the Tenant was a Bastard and the Parliament wrote to the Justices of Assize to cease and yet they proceeded whereupon the Chancellour reversed this Judgment before the Council and adjudged it in the same manner as it was upon the Certificat c. And then remitted it to the Justices of Assize that had proceeded and given Judgment for the Plaintiff for that the Bishop had certified the Tenant to be a Bastard and they took no notice of the Reversal before the Council for that is not a place where a Judgment ought to be reversed 39 E. 3. 14. Note After Judgments given in the Court of the King the Parties and their Heirs shall continue in possession till the Judgment
sworn in Ass. against his own Will and it was questioned whether he held by Barony to come to Parliament as a Baron and he said that he held by one part of a Barony and that he and his Ancestors have used to hold so time out of mind and after upon good Advise he was altogether discharged Exemption Br. 3. 46 E. 3.30 When an Errour is sued in Parliament committed in the Kings Bench a Scire facias shall issue forth to the Party to answer at the next Parliament and by Hankford in Errour sued there it is said that the Record must remain with the Justices and they send a transcript of it thither c. Error Fitz. 18. 8 H. 5. and Dier 375 the Record it self and a Transcript of it was brought into Parliament to be examined and the Transcript was left there Bagot was made a Denizen by H. 6. and after by a Parliament in the time of Ed. 4. All Acts done by H. 6. are repealed and annulled yet B. continues a Denizen for that he was made once a Denizen and there must be a special Act to annull that Denizenship Denizen Fitzh 1.9 E. 4. Note If a Peer of the Realm or Lord of Parliament be Demandant for Plaintiff Tenant or Defendant there must two Knights be returned of his Jury or else the Array may be quashed as appears in an Assize betwixt the Earl of D. and Newdigate Com. 117. Challenge Fitzh 115. 13 E. 3. and Dier 107. Vide Dyer 318. where the Defendant was proclaimed Earl of Kent by Descent pending the Writ and after the Earl challenged the Array for that he was an Earl and no Knight returned in the Pannel and it was not allowed for the admittance of both Parties is to the contrary and no default in the Sheriff for he had no notice of such estate of either Parties and note Dier 246. If there are divers Defendants whereof one is a Lord of Parliament and the Array is challenged for the Cause before this shall serve to quash all the Array against the other Defendants also for that it is intire The Statute of 4 H. 7. of Fines is penal because the Right shall be bound if he comes not in within five years after the Title accrued and for that the Statute is very beneficial for the repose and quiet of Land in Possession of the Subject it shall be largely expounded and therefore if the time Commence in the Father which is a stranger to the Fine to make claim within the five years and after he dies within the five years his Issue that is within Age shall be bound to pursue the rest of the five years commenced in the Life of his Father as it is adjudged in the Case of Zouch and Stowell Com. Fol. 375. And a Corporation as Mayor and Communalty that have an absolute Estate shall be bound if they do not make claim within five years after the Title accrued and yet the Statute of 4 H. 7. of Fines makes no mention of Corporations or Bodies politick but yet are Parties within the intent of the Statute Com. 538. Otherwise it is of a Person of the Church and a Bishop because they have not an absolute Estate Ibidem Chaplains that are Masters of Chancery and are attendant on the Parliament shall not be Contributory by reason of their Benefices to the expences of Proctors made by the Clergy that come to Parliament and if they be they shall have a Writ to the Arch-deacon and his Officers for the discharging them and upon that there shall be an Alias and Pluries and Attachment against them which Writ appears in Fitzh Nat Brevium 229. and by the Writ it appears there that this is given by the Statute of Westminster Priviledge Br. 56. Lord and Tenant and the Tenant is attainted of Treason by Parliament and it is ordained by it that he shall forfeit all his Lands and after is pardoned and restored by another Parliament Habendum sibi Haeredibus suis as if there were no such Attainder now he shall hold of the common Person as before and yet once the Tenure was extinct by the forfeiture of the Land to the King 21 H. 8. Tenures Br. 70. Vide Parliament Br. 77. What words in an Act will revive Seigniories which were before extinguished and that it is no good Case And see Stamford 197. That if the King infeoff an estranger of them it ought to revive the mesn Seigniory which was before the Attainder Tenendum of the mesn Lord as it was before the Attainder Vide Petition F. 19 H. 4. 6 Edw. 3. For this excellent Case Vide Dyer 313. where the saving of a Seigniory in a Statute is not good When a Statute gives a forfeiture to the King and to the Party griev'd as where a man is prejudic'd by Perjury or by a fraudulent conveyance of Land or Goods to defraud the Action or Suit of Creditors and such like there none shall have the Suit upon the Statute but the King or the Party that has receiv'd Loss thereby Otherwise it is if the Statute says that the King shall have a Moiety and he that shall inform shall have the other Moiety without mentioning the Party grieved And if the King commenceth the Suit before an Information of the Party in this Case the King shall have all the Forfeiture and he may before the Suit of the Informer release to the Party offending and by it every other Person is excluded 1 H. 7.19 The Statute of 21 H. 8. c. 13. is If a Parson take another Benefice beyond the yearly value of 8 l. without a Qualification the first Benefice is void This value shall not be taken as the Parsonage is valued in the Book of first-Fruits but as it is valued in deed Dyer 237. The Statute 21 H. 8. c. 13. says that no Parson of a Church or such Spiritual Man shall take a Lease for years for Life or at Will c. upon pain of forfeiture for every Month that he shall occupy it 10 l. to the King and Informer But note that the Lease is not made void by the said Statute as it has been ruled Dyer 358. Note no man can make Proclamation but by Authority of the King as Mayors and such like as have privileges in Cities and Boroughs so to do or have it by Custom And therefore where an Executor made Proclamations in certain Market Towns that the Creditors should come by a certain day and claim and prove their Debts due by the Testator and because he did this without Authority he was committed to the Fleet and fined 22 H. Br. 8. 10. Note a Man shall not be made a Bastard after the death of his Father and Mother because the marriage is determined and if a Commissary after their death find such Case of Divorce and after such Diovrce being made after the death of one of the Parties this shall never Bastardize the Issue and so it was taken in
Parliament 24 H. 8. Bastard Br. 23.39 c. 3.32 Note If a man gives Lands to one and his Heirs Males in this Case his Heirs Females shall also inherit and this was also adjudged in Parliament as Thorpe said 18 La. p. 5. Note It was written Tybinry-broke in a Writ of Cosinage and in the Habere facias Visum the Writ was Tybinry without Broke and it was demanded of the King's Council by S. H. Green and Thorpe Justices whether this word may be amended by the Statute of 14 E. 3. c. 6. which enacts that the Justices may amend a Syllable or Letter which is found too little or too much and one of the Council answer'd that it was a needless Question of them whether it may be amended for he said that it may be well amended be it a Syllable or a Letter without which the Word cannot subsist and no difference 40 E. 3.34 And so see the Justices demanded the intent of the makers of the Statute of those that were of the King's Council Note A Fifteenth is granted by Parliament and it is well known by the Exchequer Roll how much every Town in England shall pay at every Quinzim granted Br. 9. 34 H. 8. And if the Tenants pay for their Goods the Lord shall not pay towards the Fifteen out of the Rents of the Lands that they occupy and enjoy 7 H. 4.33 11 H. 4.46 A Town is charged upon a fifteen granted at the sum of 4 l. and one of the Town by the Kings Charter is discharged of the fifteen in the same Town so much as amounts to his part shall be recounted in the said 4 l. and the Town shall be charged of the rest Per Curiam 19 H. 6.63 Note A Bishop has a Mannor within which are Tenements by the Verge by Copy of Court Roll which Copy-holds time out of Mind have been taxed within the same manner to the Wages of the Knights of Parliament and a good Prescription altho the Lord come to Parliament and is charged for his Spiritual Possessions for the Dismes or Tenths among the Clergy Vide Avow Fitzh 260. 8 R. 2. according One is taxed for the Fifteenth in his Land and when he perceived that the Collector was coming to distrain for the 15th that is to say for his part that he was to pay towards the 15th he drove his Cattel out of the same Land before the Collector could take them he cannot pursue by Brian So for damage feasant 19 E. 4.10 otherwise it is for Rent-service 44 E. 3.20 At the time of a 15th granted to the King A. who lives in W. has Corn growing in C. and before the Assessment he reaps and carries it to W. it shall be lyable for the goods in W. and not in C. and in a Replevin the Issue shall be If at the time of the Assessation of the 15th the Corn were remaining in C. or at W. 21 E. 3.42 Note The Fifteenth at this day is levied by Rods of Land most commonly and in some places upon their Goods Quinz Br. 9. 34 H. 8. Note That where the Abby of Saint Edmundsbury was founded by the King's Progenitors and exempted from all Episcopal Jurisdiction so that no Ordinary could Visit there contrary to the Foundation and Ordinance aforesaid upon a difference that was between A. Bishop of Norwich and B. Abbot of Bury concerning that Exemption It was Ordained at a Parliament of William the Conquerour held such a Year by the Arch-bishop of Canterbury and all other Bishops of the Realm and by the Earls and Barons that for the time to come neither the Bishop of Norwich nor any of his Successors should act contrary to the Points of the Exemption and Foundation abovesaid and that he that shall be Bishop shall pay to the King or his Heirs thirty Talents of Gold and for that the Bishop of Norwich that now is has gone contrary to this Ordinance of the King a Contempt was issued against him and the Bishop pleaded Not Guilty and was found Guilty whereupon it was awarded That the Bishop's Temporalities shall be seized into the King's Hands and that the King shall recover the said Sum of Money 21 E. 3.60 Note Those of Ireland are bound by the Statute of England for their Goods if the Statute gives forfeiture of Goods for doing a thing contrary to the Statute but not for Land or any thing touching Land there 2 R. 3. fol. 12. And yet those of Ireland do not send any Lord Knight or Burgess to the Parliament of England for they have a Parliament of their own when the King pleaseth Vide Action upon the Statute Fitzh 1. and 11 H. 6. where Hussey Chief Justice said that the Statutes of England bind those of Ireland which was not much denied by the other Justices at that time altho the Term before some were of a contrary Opinion Vide 20 H. 6.9 That those of Ireland are not bound by the Statutes of England as if Tenths be granted by the Parliament of England those of Ireland are not bound because they are not summoned to the Parliament of England Vide Fitzh Nat. Brevium 22. Error in the Kings-Bench of Ireland reversed in the Kings-Bench of England Assis. Fitzh 328. Vide Dier 360. A Lord of Ireland shall not be tried in England for Treason done in Ireland nor by his Peers not by Jury because he is a Subject of Ireland And England and Ireland have several Seals whereby it appeareth that the Laws of England shall not bind those of Ireland for their Land Dier 303. A man has Goods in England and other Goods in Ireland and dies intestate in England and the Intestate has an Obligation of a Merchant that dwells in Ireland which Obligation was in England when he died and the Son of the Intestate obtains the Administration of the Bishop of Dublin for the Goods there and the Wife of the Intestate of the Goods in England of the Arch-Bishop of Canterbury within his Province the Son releaseth to the Obligor in Ireland and in Debt by the Wife of the Intestate who has the Obligation in her Hand This Release was pleaded and the issue taken was whether the Obligation was in England or in Ireland when the Obligee died Out of which it may be collected that the Arch-Bishop of Canterbury had to do with it and not the Bishop of Dublin Dier 305. Vide p. 16. El. Ro. 436. Lanc. A Writ of Accompt was brought by Steven Pinde by his Guardian assigned by the Court after that he was of the Age of fourteen years and before twenty one years for the profits of Land in Gavelkind received by Giles Frankling Defendant Guardian of the said Pinde Plaintiff before fourteen years and yet the Statute is Cum ad aetatem c. and this is intended one and twenty years Vide 29 E. 3.3 Accompt for Land in Gavelkind after that the Heir came to fifteen years A man has Restitution by Act of Parliament and
a Writ of Ouster le main issued forth to the Escheator and the Tenant that had the Land upon a Traverse by him tendered made Rescous If he had not notice of this Restitution he shall not be punished by Fine for that Rescous and the reason may be for that it is a special Act. 43. Lib. Ass. 28. Henric ' c. Vic. Darby salutem Praecipimus tibi quod statim post receptionem praesentium in singulis locis infra Ballivas tuas tam infra Libertates quam extra ubi magis expedire videris ex parte nostra solempniter publice Proclamation ' fact ' quaedam Statuta Ordinationes per nos de Communi assensu Praelatorum Magnatum Communit Regni nostri in presenti Parliamenti nostri apud Westmonasterium pro communi utilitate totius Regni nostri praedicti editi Provisi quae in quibusdam schedulis huic brevi nostro annex ' per Latorem praesentium tibi mittimus mandantes praeterea quod immediate post Proclamationem sicut permitt per te factas omnes singul ' hujusmodi schaedulas in separat ' distinct ' et public ' locis ut subditis et Ligeis nostris plenius apparere poterit in Tabulis affigi et poni similiter fac ' et hoc sub periculo incumbente non omitti Teste c. Note That a special Bill against J. P. was put into Parliament 33 H. 6. for Ravishing of a Woman whereby it was ordained that he come before the Lords within a certain day after the Proclamation made by the Sheriff of the County of E. after Pentecost next and if he appeared not then he should be attainted and pay a certain Sum to the Woman and this Bill was exhibited to the Commons after Pentecost which was within the time of Parliament that begun 15 P. before Anno Praedict ' And the Lords gave day to J. P. to appear after Pentecost Anno 1457 which was 34 H. 6. within a day certain after the Proclamation and this Bill was not sent to the Commons as it ought to have been for that the Lords gave a longer time than the Commons gave and after J. P. did not appear according to the Proclamation whereupon he was taken and sent into the King's-Bench and there pleaded by his Counsel that the Act was not an Act for that the Lords had given a longer day ut supra and the Bill was transcribed upon a Certiorari in Chancery and by Mittimus of Chancery under the Seal there was sent to the Justices and the Writ was Rex Justitiariis suis c. Transcriptum cujusdam billae coram nobis in Cancellariam nostram in filacio c. exhibit ' authoritate ultimi Parliamenti nostri c. Confirm versus J. P. Vobis mittimus by which c. And altho it is not an Act of Parliament in Law for that the Lords gave a longer time ut supra yet the Clerk of Chancery made the Writ which was confirm'd by Parliament and it was not so in Truth And Fortescue in the Exchequer Chamber seems that it cannot be intended but that the Act is good for that the King by his Writ certified the Justices that the Bill was confirm'd by Parliament But Illingworth Chief Baron said that it shall not be taken for an Act of Parliament for the writing of a Clerk of Chancery cannot make an Act of Parliament good if it be vitious or void in it self and after Fortescue said that this is an Act of Parliament and he would be advised before he would make void an Act of Parliament and so see if a Certificat under the Seal of the Chancery of a Record there shall be contradicted Vide Com. 232. and 21 E. 3.40 that a Man shall not have an Averrment against a Certificat under the great Seal FINIS
A Man shall not be remitted that takes an Estate by Parliament 34. H. 8. Remitter Br. 49. If the King gives Land to me that is mine already by Patent in Fee I shall not be remitted 21 E. 4.57 But if the King recites my former Right and gives it me I shall be remitted Ibidem Lib. Ass. 28. Note That the King cannot alter the Law by his Proclamation but he can make Proclamation that if any one does contrary to the Contents of the Proclamation that he shall incurr the Indignity of his Majesty But upon pain of forfeiture of his Land or Life without Parliament he cannot Vide 31 H. 8. c. 8. That it was ordain'd by Parliament that Proclamations made by the King by advice of certain of his Council named in the same Act ought to be obeyed as though they were made by Act of Parliament And after 34. H. 8. c. 23. another Statute was made concerning Offenders of the former Statute But by the 1 H. 6. c. 12. both the Statutes are repealed by which Statutes it appeareth that Proclamations shall not bind as Acts of Parliament do unless it be so ordain'd by Parliament for if so the said Statutes of H. 8. were made in vain A Statute recites that such are attainted of Treason before such Commissioners and this Attainder is confirmed if there were no such Attainder in deed the Act does not attaint them at all Com. 400. A notable Case between Robert Earl of Leicester and Sir Christopher Heydon and the recital that they were attainted shall not conclude the Party so supposed to be attainted but that by an Averrment he may avoid it see the Book By the 27 H. 8 th it was ordained that it should be Felony in a Servant to embezil the Goods of his Master and after by 1 E. 6. c. 12. all Felonies made in the time of H. 8 th are annull'd but the Felony of Embezilling c. And by the said Statute of 1 E. 6. it is shewn that the said Statute of 27 H. 8 th was held at Westminster upon divers Prorogations the 4 th of February in Anno. 27 H. 8. and there continued and kept untill the 24 th day of April next following and for that the said Branch misrecites the Act of 27 H. 8. aforesaid for that Session begun the fourth day of February 27 H. 8. and continued untill 24 th day of April then next following and then ended and not continued until 24 th day of April as the Branch makes mention by which it is Evident that the Branch of the Act that referrs to a Statute made in one Parliament that begun such a day and continued till such a day whereas the Parliament did not continue this must be void in point of time and so the Parliament may mistake a thing and by reason of this Misprision it will not Arraign a Man that shall embezil his Master's Goods after the said Act of 27 H. 8. Com. 400. If a Statute make an Act Felony and does not mention Accessories yet there shall be Accessories in the Case of the Statute and this Master Dallison Justice of the King's Bench said that it was so held by the King's Bench Court 3 4 Ph. et Mar. as Lambert Reports in his Book of the Justices of Peace Fol. 289. Vide Stamford 44. and 19 H. 6.47 according In the Case of counterfeiting the Seal or Money where the consenter or aider to it c. And yet the Statute speaks If a Man counterfeit c. which thing another did not so of Rape where one commits the Act and the other aids 11 H. 4.12 Coron Fitzh 228. Vide Parliament Br. 46. If an Act make a new Law in the Affirmative which was not at Common Law this Law implies a Negative as a Man seised in right of his Wife infe-offs a Stranger to the use of himself and his Wife she is not remitted because she is a Purchaser of the Use and she shall have the Land as to the Use wherein so much is implied as if the Statute had said Et non aliter seu alio modo Com. 113. As the Statute of Westm. 2 c. 4. grants that in a Quod. ei Deforciat if the Tennant recover and maintain the Title of that which the Demandants call Ad Warrantum ac si essent Tenants in Priori brevi there if the former Action had been such in which he could not Vouch as a Scire Facias the Demandant shall not Vouch because it is not a new Ordinance of a thing that was at Common Law which implies a Negative As if it had been said Et nullo alio modo Ibidem 113. When a Statute is made to Redress Covin or an Inconvenience which was at Common Law altho it be penal yet other Cases in the same mischief shall be taken by Equity of the Statute as the Statute of the 16 R. 2. c. 5. of Premunire enacts that if a man Sue for any thing in the Court of Rome or else-where for which he may have remedy in the Court of the King he shall lose his Land c. In this Case if a man Sue at the Court of Rome for that for which he may have remedy in the Bishops Court in England he shall be within the said Statute and yet the said Statute speaketh of the Court of Rome as appears Premunire Br. 9.9 E. 4.3 per Yelverton who said that in the King's Bench it has often been the Opinion that if a Clerk sue another in the Court of Rome for a thing Spiritual where he may have remedy in this Realm in the Court of the Ordinary that he is in the Case of the Statute The Statute de Religiosis is that a recovery by the Defendant shall be Mortmain and the Recovery by Reddition Confession or Action tried is taken by Equity by Genney which is not decided and so of Rent or Common which is neither Land nor Tenement by Lacon which is not denied 3 E. 4.14 Vide Montague in the Case of Wimbish Com. 59. That the Statute which comes to redress Covin and Fraud shall be taken by Equity altho it be not within the words of the Statute and a Statute that is for the Redressing a general Mischief may be taken by Equity by Horton Parl. Br. 13.19 The Justices ought to take notice of a general Pardon given by Parliament and allow it to the Party upon his Arraignment altho the Party do not plead it unless there be an Exception in the Pardon so given for in such Case he ought to shew that he is not one of them that is excepted 27 H. 8.7 for the former and the latter 8 E. 4.7 Charter of Pardon Br 46. The King shall not be bound by a Statute unless he be expresly named in it by Prisot and Ashton as in a Quare Impedit Altho the six Months are elapsed the King shall not be bound but shall have a Quare Impedit so if the King usurp