Highness's most Faithful and Obedient Subjects the Lords and Commons in this present Parliament assembled Considering and certainly perceiving by divers means the earnest Good-will and Purpose that our said Sovereign Lord hath to preserve maintain and continue Us his Natural Subjects in this most Fortunate Peace whereunto after many Storms and Tempests of the Wars His Majesty hath by the Goodness of God restored Us Do also notwithstanding his Majesties great Care and politick Means used for the recovery thereof easily perceive how hard it shall be for His Highness to continue and kéep us therein during the time of this troublesom state of Christendom being as it were lamentably cut and torn in pieces and Factions of War except his Highness be restored to a further Estate and Furniture of Treasure meet for the Defence of these His Realms Dominions And Subjects and like to other Princes having such large Realms Dominions and People the lack and want whereof as we know shall chiefly redound to all our Losses and Detriments which must be defended and preserved by the Puissant Power and Might of our Sovereign Lord and Head not by the multitude of our private Riches and Strength at Home So also have We séen of late years plainly before Our Eyes and felt in a great part of Our sorrowful hearts the very Principal Chief and first Causes of this lack during the time of the woful mis-governance of this Noble Realm and other the King's Dominions by the late Protector Duke of Somerset to whom Almighty God grant his Mercy who first of his insatiate ambition contrary to the advices of all Wise and Good Councellors having gotten into his hands the sole Governance of the most Sacred Person of our Sovereign Lord and consequently the Protectorship of all his Highness's Realms and Dominious immediately to lay a fit Foundation for his unhappy and unskilful Government brought the King's Majesty whom he took by pretence to Govern being left by His Highness's Father of most Famous Memory in tender Years but yet in Peace suddenly into open Hostility and Wars against two puissant Realms at once considering neither the Ability to begin nor means to continue them wherein following always his own singularity by stirring and increasing of new Quarrels and Causes of War by unadvised Invasions by desperate Enterprises and Uoyages by sumptuous endless vain Fortifications both in Foreign Realms and in the Seas by bringing into the Realm of costly and great numbers of Strangers Men of War and such other innumerable vain Devices he did not only Exhaust and utterly Waste the King's Majestie 's Treasures and Revenues of His Crown and of Us His Highness's Subjects but also endangered His Majestie 's Credit beyond the Seas with divers strange Merchants by taking up and borrowing great Sums of Money growing from time to time more and more indurable which Gate of Misery being so wide open We all know and the best part of Us felt what a heap of Calamities fell upon all the Realm immediately Yea and to this day what Prests and Memory thereof remaineth not wholly yet filled up First the King's Majesties Treasure of all sorts wasted the great substance of the Moneys melted and altered in base Coyn for the serving of the Charge of these Wars the Laws and ancient Policies of this noble Realm dissolved and unjoyned and by Examples thereof the whole state of Ireland endangered with Factions and Rebellions wherein no small Sums of Treasure were also wasted in Armies and Fortifications part whereof remains unto this day of necessity In the midst of all these miseries by the suffering of the said late Protector rose up a monstrous and dangerous Rebellion of the lewd numbers and baser multitudes against their Heads the withstanding and happy stay whereof although it came through the mercifulness of God by the labour and fortitude of others worthy eternal Praise subduing the headless raging people in sundry parts of the Realm delivering Us the King's Majesties Natural Subjects out of our unnatural Subjection to him that ruled Us with disorder And finally restoring the Royal Person of the King's Highness to the Fréedom of His Princely Estate and consequently to an Honourable Peace with his Enemies Yet could not hitherto the great Breach and Ruine of the King's Majestie 's Estate touching his Treasure be repaired or re-enforced which consequently followed upon the first Foundations broken although in other points of the decay thanked be God the King's Majesties own marvellous Intelligence with the Industry of good Conncellors hath notably supplied and amended the defaults And as these former Errors brought His Majesty into utter wasts of His own Treasure and Riches into the Expences of Our Subsidies granted for the same Wars though nothing answerable to the Expence of the same Finally into notable and immeasurable Charges beyond the Seas Provisions of Money taken up in time of Wars so yet to the increase of this former sore We remember and perceive also that there were very great Charges left by the late King of famous Memory by reason of his Wars to be discharged as well beyond Sea towards strangers as on this side towards his own Subjects which of their nature beyond the Seas for lack of payment did grow excessively besides the late evident great Charge and Loss sustained by the Kings Majesty for the only Profit of His publick Weal in the reducing of part of His Coyn from a notable baseness unto a fine Standard by the which His Majesty lacketh a great private Gain in his Mints being now worth no Revenue at all but rather chargable and the rest of which Coyn we trust He will shortly reduce to like fineness All which things We His Majesties Faithful and natural Loving Subjects weighing with Our selves and considering divers great weighty matters hereupon depending for the preservation of this Ancient Noble and Imperial Crown Albeit We see manifestly before Our Eyes Our Sovereign Lord the Kings Majesty disposed of His good Nature rather daily to diminish the Revenue of His Crown lately angmented by His Father of most famous Memory towards the unburthening of His great intollerable Weights and Charges lying and growing in strangers hands beyond the Seas then to call upon us His natural Subjects and People like as we daily hear and know that all other most Christian Princes do in Causes of less Importance and like His Majesties noble Progenitors have always done in such Cases heretofore Yet for the preservation of Our selves and Our Posterity in this Peace and Wealth whereunto We have by the great Charges of Our Sovereign Lord been blessed brought for the maintenance and upholding of the Crown and Dignity Imperial of this Noble Realm in Honour and Might against all Attempts of Foreign and Ancient Enemies for the Restauration of this decayed House of the Commonwealth having suffer'd violation and ruine by exile of Justice in the former time of the aforesaid evil Governance For the comforting and encouraging of
said Burgess without any Writ or Warrant had for the same but only as afore Albeit the Lord Chancellor offered there to grant a Writ which they of the Common House refused being in a clear opinion that all Commandments and other Acts proceeding from the Nether House were to be done and executed by their Serjeant without Writ only by shew of his Mace which was his warrant But before the Serjeants return into London the Sheriffs having intelligence how heinously the matter was taken became somewhat more mild so as upon the said second demand they delivered the Prisoner without any denial But the Serjeant having then further in commandment from those of the Nether House charged the said Sheriffs to appear personally on the morrow by eight of the Clock before the Speaker in the Nether House and to bring thither the Clerks of the Compter and such other of their Officers as were parties to the said affray and in like manner to take into his custody the said White which wittingly procured the said Arrest in contempt of the Priviledge of the Parliament Which Commandment being done by the said Serjeant accordingly on the morrow the two Sheriffs with one of the Clerks of the Compter which was the chief occasion of the said affray together with the said White appeared in the Common House where the Speaker charging them with their Contempt and misdemeanour aforesaid they were compelled to make immediate Answer without being admitted to any Councel albeit Sir Ro. Cholmley then Recorder of London and other the Councel of the City there present offered to speak in the Cause which were all put to silence and none suffered to speak but the parties themselves Whereupon in conclusion the said Sheriffs and the same White were committed to the Tower of London and the said Clerk which was the occasion of the Fray to a place there called Little Ease and the Officer of London which did the Arrest called Tailor with four Officers to Newgate where they remained from the 28. until the 31. of March and then they were delivered not without humble suit made by the Mayor of London and other their Friends And forasmuch as the said Ferrers being in Execution upon a Condemnation of Debt and set at large by Priviledge of Parliament was not by Law to be brought again into Execution and so the party without remedy for his Debt as well against him as his principal debtor after long debate of the same by the space of nine or ten days together at last they resolved upon an Act of Parliament to be made and to revive the Execution of the said Debt against the said Welden which was principal debtor and to discharge the said Ferrers But before this came to pass the Common House was divided upon the Question but in the conclusion the Act passed for the said Ferrers who won by 14. Voices The King then being advertized of all this proceeding called immediately before him the Lord Chancellor of England and his Judges with the Speaker of the Parliament and other the gravest persons of the Nether House to whom he declared his opinion to this effect First commending their wisdom in maintaining the Priviledges of their House which he would not have to be infringed in any point alledged that he being Head of the Parliament and attending in his own person upon the Business thereof ought in reason to have Priviledge for Him and all his Servants attending there upon Him so that if the said Ferrers had been no Burgess but only his Servant that in respect thereof he was to have the Priviledge as well as any other For I understand quoth he that you not only for your own persons but also for your necessary Servants even to your Cooks and Horse-keepers enjoy the said Priviledge in as much as my Lord Chancellor here present hath informed us that he being Speaker of the Parliament the Cook of the Temple was Arrested in London and in Execution upon a Statute of the Staple And forasmuch as the said Cook during the Parliament served the Speaker in that Office he was taken out of Execution by the Priviledge of the Parliament And further we be informed by our Judges that we at no time stand so highly in our Estate Royal as in the time of Parliament wherein We as Head and You as Members are conjoyned and knittogether into one Body politick so as whatsoever offence or injury during that time is offered to the meanest Members of the House it is to be judged as done against Our Person and the whole Court of Parliament which Prerogative of the Court is so great as our learned Councel informeth us as all Acts and Processes coming out of any other Inferiour Courts must for the time cease and give place to the Highest And touching the party it was a great presumption in him knowing our Servant to be one of this House and being warned thereof before would nevertheless prosecute this matter out of time and therefore was well worthy to have lost his Debt which I would not wish and therefore do commend your Equity that having lost the same by Law have restored him to the same against him who was his Debtor and this may be a good example to others not to attempt any thing against the Priviledge of this Court but to take the time better Whereupon Sir Edward Mountague then Lord Ch. Justice very gravely declar'd his opinion confirming by divers reasons all the King had said which was assented unto by all the residue none speaking to the contrary The Act indeed passed not the Higher House for the Lords had not time to consider of it by reason of the Dissolution of the Parliament Because this Case hath been diversly reported as is commonly alledged as a President for the Priviledge of the Parliament I have endeavoured my self to learn the truth thereof and to set it forth with the whole circumstances at large according to their instructions who ought best both to know and remember it 4. Ed. VI. Eight years after the Case of Ferrers Withrington having made an Assault upon Brandling Burgess for Newcastle the Parl. being near an end the Com. sent Withring to the Councel Die Jov. 7. Apr. an praedict The Bill for Mr. Brandling's Complaint sent from the Lords of the Privy Councel again to be ordered by this House according to the Antient Custom of this House Whereupon the Bill was read in the presence of Henry Witherington who was sent to the Lords from this place who confest that he began the Fray upon Mr. Brandling whereupon the said Henry is committed to the Tower of London Some few Presidents against such as have wrote Books to the dishonour of the Lords and Commons and Subversion of the Government The Case of Arthur Hall Esq UPon sundry Motions made by divers of this House It was Order'd that Arthur
Member of this House 12 Jac. a Servant of Justice Whitlock's was Arrested by one Lock and Moon who were enjoyned to ride both on Horse-back with their faces to the Horses tails And Mr. Hackwell said he himself self saw the execution of it in Cheapside 3 Jacobi the Baron of Walton's Sollicitor being his Servant was Arrested he claimed the priviledge and the party that caused the Arrest was Fined and it was left to the Speaker to moderate the Fine 18 Jacobi certain Constables of York for Misdemeanors were sent for up and one was acquitted and had 5 l. given him for his charges At the last Parliament Sir George Hastings Kt. was elected Knight of Leicestershire and was Arrested by the Sheriff at his Election and complained here and his Witnesses were ordered to have their costs paid them Ordered that Thompson and Henlow pay the charges of Witnesses brought up about the proof of the said Election and that they shall not be discharged from the Serjeant till they pay their Fees and four Gentlemen of the House are to moderate and set down the charges in certain And it is ordered that they shall be committed to the Serjeant till they make their submission at the Bar and acknowledge their faults on their knees and read a submission As for the submission to be made at York it was through great favour remitted by the House To all which I shall add the ensuing President Lunae 4 Junii 19 Jacobi 7. The Commons House of Parliament hath this day adjudged Randolph Davenport Esq for his offence in mis-informing the same House in a Cause wherein he was produced as a Witness to be committed prisoner to the Tower for the space of one whole month and then to be discharged paying his Fees These are therefore in the behalf of the said House of Commons to require and charge you to receive the said Randolph Davenport into your custody within the Prison of the Tower under your charge and him therein safely to detain and keep for the space of one whole month and then to discharge him paying his Fees and this shall be your Warrant in this behalf Given under my hand this 4th of June 1621. To Sir Allen Apsley Knight Lieutenant of the Tower An Act to secure the Debt of Simpson and others and save harmless the Warden of the Fleet in Sir Thomas Shirley's Case Soit baile aux Seigniours A cest Bille ov Esq les Amendments annexes les Seigniours ont assentus HUmbly pray the Commons of this present Parliament That whereas Thomas Shirley Kt. which came by your Highness's Commandment to this your present Parliament being elected and returned a Burgess for the Burrough of Steyning in your Highness's County of Sussex was upon the 15th day of March last past arrested by the Sheriffs of London at the Suit of one Giles Simpson first upon an Action of Debt and afterwards laid and detained in Execution upon a Recognizance of the nature of the Statute Staple of 3000 l. in the Prison commonly called the Compter in the Poultrey in London at the Suit of the said Simpson and from thence by Habeas Corpus was removed to your Majesties Prison of the Fleet where for a time he was detained in Execution as well upon the said Recognizance as to answer to two Actions of Debt one of 2000 l. at the Suit of William Beecher the other of 3000 l. also at his Suit and to answer one other Action of Debt of 300 l. at the Suit of one John King contrary to the Liberties Priviledges and Freedom accustomed and due to the Commons of your Highness's Parliament who have ever used to enjoy the freedom in coming and returning from the Parliament and sitting there without restraint and molestation and it concerneth your Commons greatly to have this Freedom and Priviledge inviolably observed Yet to the end that no Person be prejudiced or damnified hereby May it please your Highness by the Assent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by the Authority of the same it may be Ordained and Enacted That the said Sheriffs of London the now Warden of the Fleet and all others that have had the said Thomas in Custody since the said first Arrest their Executors or Administrators or any of them may not nor shall in any wise be hurt endamaged or grieved because of dismissing at large of the said Thomas Shirley saving always to the said Giles Simpson and other the Persons aforesaid at whose Suit the said Thomas is detained in Prison his their and every of their Executions and Suits at all time and times after the end of this present Session of Parliament to be taken out and prosecuted as if the said Thomas had never been arrested or taken in Execution and as if such Actions had never been brought or sued against him saving also to your Majesties said Commons called now to this your Parliament and their Successors their whole Liberties Franchises and Priviledges in all ample manner and form as your Highness's said Commons at any time before this day have had used and enjoyed and ought to have use and enjoy this present Act and Petition in any wise notwithstanding Soit fait come est desire The Petition exhibited to his Majesty by the Lords Spiritual and Temporal in this present Parliament assembled concerning divers Rights and Liberties of the Subjects with the Kings Majesties Royal Answer thereunto in full Parliament To the Kings most Excellent Majesty HUmbly shew unto our Sovereign Lord the King the Lords Spiritual and Temporal and Commons in Parliament assembled That whereas it is Declared and Enacted by a Statute made in the time of the Reign of K. Edward the I commonly called Statutum de Tallagio non concedendo That no Tallage or Aid shall be laid or levied by the King or his Heirs in this Realm without the good will and assent of the Archbishops Bishops Earls Barons Knights Burgesses and other the Free-men of the Commonalty of this Realm And by Authority of Parliament holden in the 25. year of the Reign of K. Edward the III. it is Declared and Enacted That from thenceforth no person should be compelled to make any Loans to the King against his will because such Loans were against Reason and the Franchise of the Land And by other Laws of this Realm it is provided That none should be charged by any Charge or Imposition called a Benevolence nor by such like Charge by which the Statutes before-mentioned and other the good Laws and Statutes of this Realm your Subjects have inherited this freedom That they should not be compelled to contribute to any Tax Tallage Aid or other like Charge not set by common consent in Parliament Yet nevertheless of late divers Commissions directed to sundry Commissioners in several Counties with Instructions have issued by means whereof your People have been
Majesties Command inrolled in the Courts of Chancery Kings-Bench Common-Pleas and Exchequer and likewise entered among the Remembrances of the Court of Star-Chamber And according to the said agréement of the said Justices and Barons Judgment was given by the Barons of the Exchequer That the said John Hampden should be charged with the said Sum so assessed on him And whereas some other Actions and Process depend and have depended in the said Court of Exchequer and in some other Courts against other persons for the like kind of Charge grounded upon the said Writs commonly called Ship-Writs All which Writs and Proceedings as aforesaid were utterly against the Law of the Land Be it therefore Declared and Enacted by the Kings most Excellent Majesty and the Lords and Commons in this present Parliament assembled and by the Authority of the same That the said Charge imposed upon the Subjects for the providing of Ships commonly called Ship-meony and the said extrajudicial Opinion of the said Justices and Barons and the said Writs and every of them and the said Agreement or Opinion of the greater part of the said Justices and Barons and the said Judgement given against the said John Hampden were and are contrary to and against the Laws and Statutes of this Realm the right of Propeety the Liberty of the Subjects former Resolutions in Parliamrnt and the Petition of Right made in the the third year of the Reign of His Majesty that now is And it is further Declared and Enacted by the Authority aforesaid That all and every the particulars prayed or desired in the said Petition of Right shall from henceforth be put in Execution accordingly and shall be firmly and strictly holden and observed as in the same Petition they are prayed and expressed And that all and every the Records and Remembrances of all and every the Judgments Inrollments Entry and Proceedings as aforesaid and and every the Proceedings whatsoever upon or by pretext or colour of any of the said Writs commonly called Ship-Writs and all and every the Dependents on any of them shall be deemed and adjudged to all Intents Constructions and Purposes to be utterly void and disanulled and that all and every the said Judgment Inrollments Entries Proceedings and Dependents of what kind soever shall be vacated and cancelled in such Manner and Form as Records use to be that are vacated FINIS By reason of the hast and throng of the Press the Reader is desired to correct those Errata in the Book pa. 85. ommons r. Commons pa 119 in Mar. for Witnesses r. Members pa. 137. for § 4 r. § 5 p. 185. in Mar. for Sir Cooke r. Sir Edward Cooke Errata in the Appendix pa. 3. l. 19. proditoriae r. proditorie n. 29. in Mar. H 5 r. H. 6. n. 35. the next p. l. 15. Archeipis r. Archiepo l. 19. Universitatis r. Vniversitas p. 29. l. 4. for sive r. sine l. 13. praedica vistis r. praedicavistis p. 30. l. 15. tacites r. tacite The Antient Right of the Commons of England Asserted or a Discourse proving by Records and the best Historians that the Commons of England were ever an Essential Part of Parliament By William Petyt of the Inner-Temple Esq JANI ANGLORUM Facies Nova Or several Monuments of Antiquity touching the Great Councils of the Kingdom and the Court of Kings immediate Tenants and Officers from the first of William the first to the forty ninth of Henry the Third Reviv'd and Clear'd Wherein The sense of the Common-Council of the Kingdom mentioned in King John's Charter and of the Laws Ecclesiastical or Civil concerning Clergy-men's Voting in Capital Cases is submitted to the Judgment of the Learned Apud Foxum vol. 2. col 3. 4 The Bishop of Winchester's Letter to the Duke of Somerset Protector to E. 6. Plutatchus lib. cum Principibus Philosophos debere disputare Qui semper corrumpunt principes Reges ac Tyrannos nempe Delatores Criminatores Adulatores ab omnibus exiguntur puniunturque ut qui non in unum Calicem lethale venenum mittant sed in fontem publicitus scatentem quo vident omnes uti Quemadmodum non uno supplicio dignus est qui fontem publicum unde bibant omnes veneno infecit ita nocentissimus est qui principis animum pravis infecerit opinionibus quae mox in tot hominum permiciem redundent Nam si capite plectitur qui principis monetam vitiarit quanto dignior est eo supplicio qui principis ingenium corruperit Osorius lib. 5. de Regis institutione Occurrit alia adulatorum turba prudentiae nomine commendata qui utse in gratiam Regum iusinuent illis persuadent eos esse supra leges post aliqua Nunquam in Regnis Civitatibus homines scelerati defuerunt nec hodie desunt qui principes erroribus turbulentis iuficiant quibus illi quidem annumerandi sunt qui cum se jure consultos existimari velint Regibus persuadent illos omnino solutos esse legibus Observ. 1. Cardan lib. de utilitate ex adversis capiend◠cap. de Principis Incommodis p. 288. Observ. 2. Rot. Parl. 32. H 8. Act 60. The Attainder of the L. Cromwel A dangerous Boast of any one Minister Actus Parl. An 3 and 4. E. 6. no. 31. An Act touching the Fine and Ransome of the Duke of Somerset A remarkable Instance how Dangerous it is for one single Minister to have a Monopoly of the King Observ. 3. Apud Foxum vol. 2 d. Stephen Gardiner Bishop of Winchester his Letter to the D. of Somerset Protector to E. 6. Coke 4. Inst so 89. Ld. Herbert Hist. of H. 8. fo Rast. Stat. 31. H. 8. cap. 8. Observ. 4. Rastal's 3 and 4. E. 6. cap 5 Coke 3. Inst. fo 12. Rastals Stat. 7. Ed. 6. cap. 12. Out of a Paper in the hands of my good Friend Mr. John Rawley a Worthy Citizen of London Nephew and Executor to Dr. Rawley first and last Chaplain to the L. Bacon My Lord Bacons Memento Ex Journali Domus Procerum Annis 21 and 22. Jacobi Regis 14 Maii 16 24 This Bill after pass'd unto a Law Cromptons Jurisdiction of Courts p. 7 8 9 10 11. 34 H. 8. An. Dom. 1542. Breach of Priviledge Ferrers arrested going to the Parl. house The Serjeant of the Parliament sent to the Compter for him And demands the Prisoner But the Officers deny him And assault the Serjeant Breaks the Crown of the Mace strikes down his Man Complains of it to the Sheriffs and demands the Prisoner Who contemptuously reject the same The Serjeant returns and acquaints the House Who highly resent it It was ordinary for either House upon emergent occasions to give an account to each other as in the time of R. 2. H. 6. H. 8. E. 6. Queen Mary the great Officers of State as the Chancellor Treasurer c. went down to the House of Commons to give them particular accounts The Ld. Chancellor in
Miscellanea Parliamentaria CONTAINING PRESIDENTS 1. Of Freedom from Arrests 2. Of Censures 1. Upon such as have wrote Books to the dishonour of the Lords or Commons or to alter the Constitution of the Government 2. Upon Members for Misdemeanours 3. Upon persons not Members for Contempts and Misdemeanours 4. For Misdemeanours in Elections Besides other Presidents and Orders of a various Nature both of the House of Lords and Commons With an APPENDIX Containing several Instances wherein the Kings of England have consulted and advised with their Parliaments 1. In Marriages 2. Peace and War 3. Leagues And other Weighty Affairs of the Kingdom By William Petyt of the Inner-Temple Esq London Printed by N. Thompson for T. Basset at the George and J. Wickins at the White Hart in Fleetstreet 1680. TO William Williams Esq SPEAKER OF THE HONOURABLE HOUSE OF Commons The AUTHOR Humbly Dedicates these his Miscellanea Parliamentaria THE CONTENTS FErrers Case Pag. 1. § 1. Some few Presidents against such as have Wrote Books to the Dishonour of the Lords and Commons and the Subversion of the Government Pa. 12. § 2. Some Presidents wherein the House of Commons have for Misdemeanours turned out and discharged their Members Pa. 90. § Some Presidents for punishing Persons that were no Members for Contempts and Misdemeanours Pa. 96. § 4. Some Presidents for punishing Misdemeanours in Elections Pa. 111. § Some Miscellaneous Presidents and Orders both of the House of Lords and Commons p. 137. An Appendix Or A Collection of some few Records and Presidents out of many other of the like Nature whereby it appears That the Kings of England were pleased to consult and advise with their Parliaments de arduis negotiis Regni of the weighty and difficult Affairs of the Kingdom p. 221 THE PREFACE I Have seen saith Stephen Gardiner who was Dr. of Laws Bishop of Winchester and after Lord Chancellour of England the Councel much astonished when the King would have done somewhat against an Act of Parliament It was made then a great matter The Lord Cromwel had once put in the Kings our late Sovereign Lords Head to take upon Him to have His Will and Pleasure regarded for a Law for that he said was to be a very King and thereupon I was call'd for at Hampton-Court and as the Lord Cromwel was very Stout come on my Lord of Winchester quoth he for that conceit he had whatsoever he talked with me he knew ever as much as I Greek or Latine and all Answer the King here quoth he but speak plainly and directly and shrink not man Is not that quoth he that pleaseth the King a Law Have ye not the Civil-Law therein quoth he Quod principi placuit and so forth quoth he I have somewhat forgotten it now I stood still and wondered in my Mind to what Conclusion this should tend The King saw me musing and with earnest gentleness said Answer him whether it be so or no I would not answer my Lord Cromwel but delivered my Speech to the King and told him I had read indeed of Kings that had their Will always received for a Law but I told him the Form of his Reign to make the Laws his Will was more sure and quiet and by this Form of Government ye be established quoth I and it is agreeable with the Nature of your People If ye begin a new manner of Policy how it will frame no man can tell and how this frameth ye can tell and would never advise your Grace to leave a certain for an uncertain The King turned his Back and left the matter after till the Lord Cromwel turn'd the Cat in the Pan afore Company when he was angry with me and charged me as though I had played his part This Tale is true and not without purpose to be remembred So far the Bishops Letter And from it and other passages in History I shall raise four Observations That it was a general Rule and Principle in most great Ministers of State or as the old Word was Minions to flatter and poison Princes minds with Absolute and Despotical Power not for the Honour or good of the Crown for that can never be but for their particular Advantages that Themselves might Reign and be Sovereigns over their Masters And indeed not only of our own Country but of others Historians are full of the sad and woful Effects thereof in most Ages which makes me frequently revolve the melancholly Contemplation of Cardan Inter fures scurras adulatores constitutus est princeps a furibus bona diripiuntur a scurris mores corrumpuntuh ut quisque melior est ex aula abigitur ab adulatoribus veritas summum inter mortales bonum ablegatur unde miseri principes propter has larvas in Cimmeriis ignorantiae tenebris perpetuo vivunt O miseram principum sortem qui nunquam norunt quali in statu res suae positae sint adeo vero aures principum emollitae sunt ut ad veritatis nomen tanquam ad Nili cataractas obsurdescant This pessima gens humani generis always abhorred a Parliament and the reason thereof is demonstrative because they well knew they should then be called to an impartial and strict account and be punished according to their demerit as de facto it appears in the Cases of the Lord Cromwel after Earl of Essex and the Protector the Duke of Somerset mentioned in the Bishop's Letter that they were questioned in Parliament although possibly the proceedings therein against them were managed with too much Violence and artifice by the malice and policy of their Enemies And no man in all points can justifie the acts of all Councels whether Ecclesiastical or Civil The first was attainted of High-Treason in the Parliament 32. H. 8. amongst other Crimes 1. For Vsurping upon the Kingly Estate Power Authority and Office 2. For having the Nobles of the Realm in great disdain derision and detestation 3. And further also being a person of poor and low degree as few were within the Realm pretended to have so great a stroke about the King that he lett it not to say publish and declare That he was sure of the King which was detestable and to be abhorred amongst all good Subjects in a Christian Realm that any Subject should enterprize to take upon him so to speak of his Sovereign Leige Lord and King The second was in the Parliament 3 and 4 E. 6. Fined and Ransomed amongst other Offences 1. For desiring the Rule Authority and Government of the King and Realm by himself only and getting the Protectorship 2. That by his own Authority he did stay and lett Justice and subverted the Laws as well by Letters Patents as by his other Commandments 3. He rebuked checked and taunted as well privately as openly divers of the Privy Counsel for shewing and declaring their advices and opinions against his purpose in weighty Affairs
telling them they were unworthy to sit in Councel That he needed not to open matters to them and that he would be otherwise advised thereafter and if they agreed not with his Opinion he would put them out and take in others at his Pleasure 4. That he had held against the Kings Laws in his own House a Court of Requests and forced divers to answer for their Free-holds and Goods to the subversion of the Law 5. That he had without Advice of the Counsel disposed of Offices for Money 6. That he would not suffer New-haven and Blackness to be furnished with Men and Victuals although advertized of their defects whereby the French King was comforted and encouraged to invade and win them to the dishonour of the Realm 7. And whereas the Privy-Counsel had out of their Love and Zeal for the King and Realm consulted at London to come to the Duke to move him charitably to amend and reform his Doings and Mis-government he caused to be declared by Letters in divers places the Lords to be High-Traytors to the great disturbance of the Realm And further declared That the Lords endeavoured to destroy the King to the intent to make Sedition and Discord between the King and Lords 8. The Duke at Hampton-Court and Windsor declared these Speeches The Counsel at London do intend to kill me But if I die the King shall die with me and if they famish me they shall famish the King and so conveyed the King suddenly in the Night to Windsor whereby he got a Disease 9. He assembled great numbers in Arms and after minding to fly to Jersey or Wales laid Post-Horses about and Men for the same Intent All which Offences and Crimes the said Duke acknowledged and submitted himself to the King After which passed the Act That for his said Offences and Crimes he should forfeit a great many Manors which the Crown had given him To bring it to the Relation made by the Bishop not without purpose to be remembred how dangerous a thing it was to break the Law or an Act of Parliament The Bishop thus further expresseth in the same Letter Now whether the King may command against an Act of Parliament and what danger they may fall in that break a Law with the King's consent I dare say no man alive at this day hath had more experience with the Judges and Lawyers then I First I had experience in my old Master the Cardinal who ohtained his Legacy by our late Sovereign Lord's request at Rome and in his sight and knowledge occupied the same with his 2 Crosses and Maces born before him many years yet because it was against the Laws of the Realm the Judges concluded it the Offence of the premunire which conclusion I bare away and take it for a Law of the Realm because the Lawyers so said but my reason digested it not The Lawyers for confirmation of their doings brought in a Case of the Lord Tiptoft as I remember a jolly Civilian he was Chancellor to the King who because in the execution of the King's Commission he had offended the Laws of the Realm he suffered on Tower-Hill they brought in Examples of many Judges that had Fines set on their Heads in like Case for doing against the Law of the Realm by the King's Commandment and then was brought in the Judges Oath not to stay any Process or Judgment for any Commandment from the King's Majesty And one Article against my Lord Cardinal was That he had granted Injunctions to stay the Common Law and upon that occasion Magua Charta was spoken of and it was made a great matter the stay of the Common-Law and this I learned in that Case sithence that time being of the Counsel when many Proclamations were devised against the Carriers out of Corn at such time as the Transgressors should be punished the Judges would answer it might not be by the Laws whereupon ensued the Act of Proclamation in the passing of which Act many siberal Words were spoken and a plain Proviso That by Authority of the Act for Proclamation nothing should be made contrary to an Act of Parliament or Common-Law When the Bishop of Exeter and his Chancellour were by one Body brought in a praemunire which my Lord Privy-Seal cannot forget I reason'd with the Lord Audley then Chancellor so far as he bad me hold my peace for fear of entring into a praemunire my self whereupon I stayed but concluded it seemed to me strange that a man authorized by the King as since the King's Majesty hath taken upon Him the Supremacy every Bishop is such a one could fall in a praemunire after I had reason'd the matter once in the Parliament-House where was free Speech without danger and there the Lord Audley to satisfie me familiarly because I was in some secret estimation as he then knew Thou art a good fellow Bishop quoth he which was the manner of his familiar Speech look the Act of Supremacy and there the King's doings be restrained to spiritual Jurisdictions And in another Act it is provided That no spiritual Law shall have place contrary to a common Law or Act of Parliament And if this were not quoth he you Bishops would enter in with the King and by means of his Supremacy order the Laity as ye listed but we will provide quoth he that praemunire shall ever hang over your Heads and so we Lay-men shall be sure to enjoy our Inheritance by the Common Laws and Acts of Parliament My fourth Observation is this It had been well for the Protector to have remembred the good and wholsom Advice the Bishop gave him that great Man had not lost his Head for being indicted in Michaelmas-Term 5. E. 6. upon a Statute made 3 and 4 of that King For the punishment of unlawful Assemblies and raising of the Kings Subjects And one of the main points in the indictment was that Felonice he designed to take and imprision John Earl of Warwick being one of the Privy-Council of which he was found guilty by his Peers and after suffered Death thereupon To conclude whose sad Fate I shall add the Preamble of an Act of Parliament more memorable because in a Subsidy Act yet common in that and former and succeeding Ages as may appear For instances Rot. Parl. 4. H. 8. and by Rastals Statutes 35. H. 8. cap. 12 27. 2 and 3. E. 6. cap. 26. 5. Eliz. cap. 27. 8. Eliz. cap. 18. 23. Eliz. cap. 15. 29. Eliz. cap. 8. 31. Eliz. cap. 15. 35. Eliz. cap. 13. 39. Eliz. cap. 27. 43. Eliz. cap. 18. and 3. Jacobi cap. 26. wherein the State of the Kingdom both Ecclesiastical and Civil and the Transactions of Foreign Affairs are Historically set down and taken notice of by the Parliament and inserted into the Preambles of those Acts. An ACT for the Grant of a Subsidy and two Fifteens and Tenths granted to the King's Majesty by the Temporality WE the Kings
our most Christian King in His blessed and famous Purposes and Proceedings to the establishing both of true Christian Religion in this His Church of England and Ireland and of a Christian Policy in the civil State of the same c. and after they granted the Subsidies It is far from my thoughts to delight in raking into the misfortunes of any much less of great men but in all Ages it hath been allowed to publish the Memoirs of ill men to the intent to deter Posterity from acting and committing such Crimes and Offences which we find were severely punished both by God and Men. And whoever will take the pains to run over the ancient Historians and Records of the Kingdom will find that the Troubles in Richard the 1st's time the Barons Wars the Confusions in E. 2 d's time the woful Distractions in the Reign of R. 2. and H. 6. had their source and rise from one grand Cause the extravigant and insufferable Dominion and Power of Minions or Favourites with their Partisans which K. James rightly calls Pests and Vipers of a Common-wealth who notwithstanding their spetious glosses and pretences of Loyalty to the Crown rather then suffer themselves to be questioned and punished by Law for their Arbitrary and Illegal Acts Resolved to run the hazard of and see the ruine and destruction both of Prince and People My Lord Bacon after he was Sentenced in Parliament meeting with Sir Lionel Cranfield after Earl of Middlesex whom King James had then newly made Lord Treasurer My Lord Bacon having first congratulated his advancement to so Eminent a Place of Honour and Trust told him between jest and earnest That he would recommend to his Lordship and in him to all other great Officers of the Crown one considerable Rule to be carefully observed which was to Remember A Parliament will come I do not believe that his Lordship had the Spirit of Divination But certain it is that two years after in the Parliament 21. and 22. of that King the Commons Impeached the Earl for what and what the Judgement was thereupon hear the Record Messuage sent to the Commons by Mr. Serjeant Crew and Mr. Attorney General viz. That the Lords are now ready to give Judgment against the Lord Treasurer if they with their Speaker will come and demand the same Answered They will attend presently The Lords being all in their Robes the Lord Treasurer was brought to the Bar by the Gentleman Usher and the Serjeant at Arms his Lordship made low obeysance and kneeled until the Lord Keeper willed him to stand up The Commons with their Speaker came and the Serjeant attendant on the Speaker presently put down his Mace The Speaker in their Name to this Effect viz. The Knights Citizens and Burgesses in this Parliament assembled heretofore transmitted unto Your Lordships several Offences against the Right Honourable Lionel Earl of Middlesex Lord High Treasurer of England for Bribery Extortion Oppressions and other grievous Misdemeanours committed by his Lordship And now the Commons by me their Speaker demand Judgment against him for the same The Lord Keeper Answered The High-Court of Parliament doth adjudge 1. That Lionel Earl of Middlesex now Lord Treasurer of England shall lose all his Offices which he holds in this Kingdom and shall be made for ever uncapable of any Office Place or Imployment in the State and Commonwealth 2. And that he shall be Imprisoned in the Tower of London during the Kings pleasure 3. And that he shall pay unto our Sovereign Lord the King the Fine of 50000 l. 4. And that he shall never sit in Parliament more 5. And that he shall never come within the Verge of the Court. Ordered That the Kings Councel draw a Bill and present the same to the House to make the Lands of the Earl of Middlesex liable unto his Debts unto the Fine to the King unto Accompts to the King hereafter and to Restitution to such whom he had wronged as shall be allowed of by the House So that the familiar saying of my Lord Coke is very remarkable That no Subject though never so Potent and Subtile ever confronted or justled with the Law of England but the same Law in the end infallibly broke his Neck THE CASE OF George Ferrers Esq IN the Lent Season whilst the Parliament yet continued one George Ferrers Gent. Servant to the King being elect a Burgess for the Town of Plimouth in the County of Devon in going to the Parliament-house was Arrested in London by a Process out of the Kings-Bench at the Suit of one White for the sum of two hundred Marks or thereabouts wherein he was late aforecondemned as a Surety for the Debt of one Welden of Salisbury which Arrest being signified by Sir Thomas Moyle Kt. then Speaker of the Parliament and to the Knights and Burgesses there order was taken that the Serjeant of the Parliament called S. J. should forthwith repair to the Compter 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 Compter 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 Compter-gates between the said Ferrers and the said Officers not without hurt of either part so that the Serjeant was driven to defend himself with his Mace of Armes 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 of his Message rejecting the same contemptuously with much proud language So as the Serjeant was forced 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 was not a few as well of the Kings Privy-Councel as also of his Privy-Chamber would sit no longer without their Burgess but rose up wholly and repaired to the Vpper House where the whole case was declared by the mouth of the Speaker before Sir T. Audley Kt. then Lord Chancellor 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 new debate of the Case took order that their Serjeant should eftsoon repair to the Sheriffs of London and require delivery of the
the Polity and Laws in the time of those Emperors as also to make the Laws and Customs of Rome and Constantinople to be binding and obligatory to the Cities of London and York IV. In the same Parliament Mr. Hoskins a Member of the Commons produced several other Treatises containing as much as Dr. Cowell's Book all sold impune amongst the rest there was one Blackwood's Book which concluded That we are all Slaves by reason of the Conquest Upon these pernicious and false principles our more modern Authors have without controul published to the World these and many more dangerous positions against the very being and honour of Parliaments and destructive to the ancient fundamental Laws Priviledges and Customs of this Realm POSITIONS 1. That originally the Parliament consisted only of such as it pleased the King to call none having Right to come else 2. That all the Subject hath is the Kings and he may lawfully at his pleasure take it from us in regard he hath as much Right to all our Lands and Goods as to any Revenue of the Crown 3. That the Saxon Kings made Laws by the advice of the Bishops and Wise men which were no other then the Privy-Councel 4. That the Laws Ordinances Letters Patents Priviledges and Grants of Princes have no force but during their life if they be not ratified by the express consent or at least by the sufferance of the Prince following who had knowledge thereof What then becomes of the Peerage of England what of the Bishops Deans Prebends and other dignified Clergy what of the Charters of all Corporations what of hereditary Offices and what of Offices and Places for life and lastly what becomes of the Charters and Priviledges of the two most famous Vniversities of England Cambridge and Oxford 5. That Taxes and Subsidies were raised and paid without any gift of the Commons or of any Parliament in the Saxon times for instance Danegelt 6. For it was matter of Grace for the King to call the Commons to Parliament Yet afterwards the Commons were called and made a House by the Bishops in the times of the Barons War the better to curb them yet were they never called to consult but only to consent 7. Yet others deny that and affirm that the Commons had their first birth and beginning by Rebellion Anno 49 H. 3. and that too after the Battel of Lewes when the Barons had the King and Prince Edward in their power as prisoners and exercised Regal Authority in his Name He reigned 57. years 8. But this is not agreed by some for they say ab ingressu of William the First ad excessum H. 3. they cannot find one word of the Plebs or Commons being any part of Parliament hence another infers that the opinion is most like who think That the Commons giving their assent to making of Laws began about the time of E. 1. 9. The Legislative power is wholly in the King for the Statutes of most antiquity according to the phrase of penning may seem to be the meer will and pleasure of the King assisted with his Councel neither Lords nor Commons being named witness inter al. the Statute of Magna Charta 9 H. 3. c. 10. Nor did the Commons take into consideration matters of Religion which was only the place and function of the Lords Spiritual and Divines to determine and not at all appertaing to the Laity semper exclusis Dominis Temporalibus Communitate Regni 11. As for the Priviledges of the House of Commons pretended to there 's none to be found full and firm but only their being freed from Arrests and that hardly 12. They are not called to be any part of the Common Councel by the Writ of Summons 13. Nor to consult de arduis Regni negotiis of the difficult business of the Kingdom 14. For the Writ saith That the King would have conference and treat with the Great men and Peers but not a word of treaty and conference with the Commons 15. Their duty being only ad faciend consentiend to perform and consent to such things as should be Ordained by the Common Councel of the Kingdom 16. Nor is there so much mention in the Writ as a power in the Commons to dissent No more is there in the Lords Writ what then 17. Until H. 7's time the Commons were often petitioning but never petitioned to and then directed to the Right Worshipful Commons 18. That until the time of E. 6. who was an Infant for that I suppose was the pretended foundation of the notion it was punctually expressed in every Kings Laws that the Statutes were made by the King alone and then there began a dangerous alteration in the phrasing and wording of Acts of Parliament to the disadvantage of the Crown and invading the Prerogative 19. Lastly for it would be tedious to trouble the Reader with all their absurdities Chimaera's and false Inferences and Notions with which they have stuffed their Books and imbroiled the Kingdom by imposing upon the understanding of many of the Clergy and Gentry in the Nation They boldly assert that the Kings Prerogative is a preheminence in cases of necessity of which he is the proper and sole Judge above and before the Law of property and inheritance And so farewell all Parliaments and by consequence farewell all Laws It is God alone who subsists by himself the Right of Crowns and Kingdoms and all other things exist in mutual dependance and relation The Soveraignty Honours Lives Liberties and Estates of all are under the guard of the Law which when invaded by fraud or wit or destroyed by force a dismal confusion quickly veils the face of Heaven and brings with it horrid darkness misery and desolation Rapine plunder and cheating both private and publick will be allowed and protected continual Rebellions unjust Proscriptions villanous Accusations and Whippings illegal and lasting Imprisonments and Confiscations dismal Dungeons tormenting Racks and Questions Arbitrary and Martial Law Murthers inhumane Assassinations and base and servile Flatteries multiplied by Revenge Ambition and insatiable Avarice will become the Common Law of the Land All these and myriads more will be enacted for Law by force or fraud All which that wise King James well understood who saith That not only the Royal Prerogative but the Peoples security of Lands Livings and Priviledges were preserved and maintained by the ancient fundamental Laws Priviledges and Customs of this Realm and that by the abolishing or altering of them it was impossible but that present confusion will fall upon the whole state nnd frame of this Kingdom And his late Majesty of ever blessed memory was of the same mind and opinion when he said The Law is the Inheritance of every Subject and the only security he can have for his Life or Estate and the which being neglected or dis-esteemed under what specious shew soever a great measure of infelicity if not an irreparable confusion
must without doubt fall upon them But to return back V. Anno 3 Caroli primi Dr. Manwaring was impeached in Parliament by the Commons for preaching and printing several Sermons with a wicked and malicious intention to seduce and misguide the Conscience of the King touching the observation of the Laws and Customs of this Kingdom and the Rights and Liberties of the Subjects thereof and to incense his Royal Displeasure against his Subjects and to scandalize subvert and impeach â—he good Laws and Government of this Realm and the Authority of the High Court of Parliament to alien his Royal Heart from his People and to cause Jealousies Seditions and Divisions in the Kingdom Whereupon he had Judgment 1. To be imprisoned during pleasure of the House of Lords 2. Was fined a 1000 l. to the King 3. To make such submission and acknowledgment of his Offences in writing both there and at the Bar of the Commons House 4. Suspended for the term of 3 years from exercising the Ministry 5. Foâ— ever disabled to preach at Court 6. That he should be for ever disabled to have any Ecclesiastical Dignity or Secular Office 7. That his said Books were worthy to be burnt and that for the better effecting of that his Majesty was to be moved to grant a Proclamation to call them in to be burnt in London and both the Vniversities and to prohibit their Reprinting This was the Judgment of the Lords The Doctor made his submission upon his knees first at the Bar of the House of Lords and after on his knees at the Bar of the House of Commons His Submission was this I do here in all sorrow of heart and true repentance acknowledge those many Errors and Indiscretions which I have committed in preaching and publishing those two Sermons of mine I call Religion and Allegiance and my great fault in falling upon this Theam again and handling the same rashly scandalously and unadvisedly in mine own Parish-Church in St. Giles in the Fields the 4th of May last past I do humbly acknowledge those three Sermons of mine to be full of many dangerous passages and inferences and scandalous aspersions in most parts of the same And I do humbly acknowledge the Justice of this Honourable House in that Sentence and Judgment pass'd upon me for my great offence and I do from the bottom of my heart crave pardon of God the King this Honourable House the Church and the Commonwealth in general and those worthy Persons reflected upon by me in particular for these great Errors and Offences Roger Manwaring After all which the Lords ordered the Bishop of London to suspend him according to the Clause expressed in the part of the Judgment against him The Doctor after got a Pardon and was made a Bishop which occasioned great Disturbances in the House of Commons in 4 Car. 1. The Charge and Articles against the Doctor drawn out of his own Books Article I. 1. That his Majesty is not bound to keep and observe the good Laws and Customs of the Realm concerning the Right and Liberty of the Subject to be exempted from all Loans Taxes and other Aids laid upon them without common Consent in Parliament 2. That his Majesties Will and command in imposing any charges upon his Subjects without such consent doth so far bind them in their consciences that they cannot refuse the same without peril of eternal damnation Article II. 1. That these Refusers had offended against the Law of God 2. Against the Supreme Authority 3. By so doing were become guilty of impiety disloyalty rebellion disobedience and liable to many other Taxes Article III. 1. That Authority of Parliament is not necessary for the raising of Aids and Subsidies 2. That the slow proceedings of such Assemblies are not fit to supply the urgent necessity of the State 3. That Parliaments are apt to produce sundry impediments to the just designs of Princes and to give them occasion of displeasure and discontent It was a saying of Themistius in his Consular Oration to Jovinian the Emperor that Some Bishops did not worship God but the Imperial purple This Dr. as I said before after this so solemn a Judgment did in the time of Prorogation between 3 4 Car. 1. get a Pardon and not only so but the Bishoprick of St. Davids which occasioned great debates and disturbances in the Parliament when they reassembled again the power and validity of his Pardon being brought in question and several times argued but the dissolution of the Parliament put an end to the dispute for that time But in the Parliament before the Long Parliament of 1640. the Lords highly resented it as may appear by following proceedings This day was read the Declaration of the House of Commons made tertio Caroli Regis against Dr. Manwaring since Lord Bishop of St. Davids and likewise the Sentence pronounced against him by the Lords Spiritual and Temporal in the High Court of Parliament which is committed to the consideration of the Lords of the Grand Committee for Priviledges and it was moved that what can be alledged on the Lord Bishop of St. Davids part either by Pardon License or otherwise that it may be produced and seen at the sitting of the Lords Committees for theirfull and clear understanding and better expedition in the business Having taken into consideration the business concerning Dr. Manwaring it was ordered that upon Munday next the Records be brought into the House that the House may determine the Cause touching Dr. Manwaring The business appointed this day concerning Dr. Manwaring is referred until to morrow morning viz. 28 Aprilis The Lord Keeper by command from his Majesty was to let their Lordships know that his Majesty had understood that there was some question concerning Doctor Manwaring now Bishop of Saint Davids and that his Majesty had given command that the said Dr. Manwaring shall not come and fit in Parliament nor send any Proxy to the Parliament thereupon it was ordered to be entred so And between that and the next Parl. as I am informed he died VI. Anno 3 Caroli primi Dr. Mountague was complained of in the House of Commons for writing and publishing several Tenents tending to Arminianism and Popery and that he had committed a contempt against the House Heli the Priest who teaching from without Corrupted Faith bound under Laws of might Not feeling God but blowing him about In every shape and likeness but the right We are to desire to conform our selves to former Parliaments this Cause began here 21. Jac. and then it was commended to the Archbishop But after it was so far from cure that another Book of Appeal came out and the Parliament 1 Caroli sent to the Archbishop to know what he had done who said he had given Mountague Admonition and yet he Printed that second Book without his consent and so it was then debated and the
pains taken by the Commons to inform their Lordships of the great Complaints and the qualities and natures thereof presented unto them against the said Sir Francis Mitchell and others whereof their Lordships being well prepared by them to the true understanding of the same and thereupon have proceeded to the perfect discovery thereof by examination of divers Witnesses upon Oath do find thereby Sir Francis Mitchell clearly guilty of many great crimes and offences against his Majesty and the Commonwealth and have tesolved at this time to proceed to Judgment against him for the same And therefore the Lords Spiritual and Temporal of this great and high Court of Parliament do award and adjudge 1. That the said Sir Francis shall stand and be from henceforth degraded of the Order of Knighthood with reservation of the dignity of his now Wife and Children and the ceremony of degradation to be performed by direction of this Court to the Earl Marshals Court 2. That he shall be imprisoned during the Kings pleasure in Finsbury Gaol in the same Chamber there which he provided for others the Tower where he now remaineth being a Prison too worthy for him 3. That he shall undergo a Fine of 1000 l. 4. That he shall be disabled to hold or receive any Office under the King or for the Common-wealth IV. Anno 18 Jac. The Commons after a Conference with the Lords referred the Bailment of Matthias Fowles George Geldard and other Prisoners who had been infamous Agents for Mompesson and Mitchell and by them transmitted to the Lords the Parliament being to be adjourned for some time the opinion of the Commons was that the Gaol was the best Bail for them V. Anno 20 Jac. Dr. Harris Minister of Blechingley who had misbehaved himself by Preaching and otherwise with respect to Election of Members of Parliament there and being complained of in the House and referred to a Committee the Committee was clearly satisfied that it was a high and great Offence they are of opinion he should be called to the Bar as a Delinquent to be admonished and to confess his fault there and in the Countrey and in the Pulpit of the Parish-Church on Sunday seven-night before the Sermon The Doctor was brought to the Bar and kneeled the House agreed with the Committee and Mr. Speaker pronounced Judgment upon him accordingly VI. Anno 3 Car. 1. Mr. Burgesse a Minister in Oxfordshire who had abused his Function in the duty of Catechizing by making an Interlude full of blasphemous Speeches and also in a Sermon which was made only to traduce the Puritans was sent for by a Messenger being brought to the Committee refused to answer for which he was committed 1. To the Tower 2. After petitioned for his deliverance and humbly submitted whereupon he was delivered out of the Tower VII In the same Parliament Sir William Wray Mr. Langton Mr. John Trelawnie and Mr. Edward Trelawnie being Deputy-Lievtenants of the County of Cornwall assumed to themselves a power to make whom they only pleased Knights of the Shire defamed Sir John Elliot and Mr. Corriton who stood to be chosen sent up and down the Countrey Letters for the Trained-bands to appear at the day of Election menaced the Countrey under the title of his Majesties pleasure It was Ordered 1. That Mr. Langton and Mr. John Trelawnie be committed to the Tower for their Offence done to the House there to remain during the pleasure of the House and that they make a submissive acknowledgment of their Offences 2. And Sir William Wray and Mr. Edward Trelawnie be committed to the Serjeant and so to remain till they make their Recognition in the House After all which the Question was whether the Gentlemen should make the Recognition at the Assizes in Cornwall or no And it was Ordered That the Recognition and Submission should be made in the Countrey and a Committee was appointed to draw the Recognition and they were sent to the Tower The four Gentlemen were called in to the Bar and the Speaker pronounced the Judgment upon them all that while they kneeled VIII Anno 3 Car. 1. Sir Thomas Wentworth reporteth the Business concerning the Toll granted to Levet for Bridges in Yorkshire to him and his Heirs to be holden in Soccage of East-Greenwich at 20 s. Rent with power to seize Goods c. No Grant hereof till 10 Jac. nor any fruit thereof till 15 Jac. the Bridge anciently in good repair some particularly bound to repair it This Patent adjudged by the Committee a Grievance to the Subject both in the original Creation and Execution Upon Question so adjudged here Ordered upon Question That Levet that hath peremptorily exercised a Patent here condemned the last Session for taking Toll at Bridges in Yorkshire shall be sent for by the Serjeant at Arms attending upon this House IX Anno 4 Car. 1. Mr. Rolls a Merchant and a Member of the House informed the House that his Goods were seized by the Customers for refusing to pay the Customs by them demanded although he told them he would pay what was adjudged to be due by Law It was ordered that the Officers of the Custom-house should be sent for X. Sir John Elliot reported from the Committee for the Examination of the Merchants business That the Committee finding Acton Sheriff of London in prevarications and contradictions in his Examination which being conceived to be a contempt to the House he desires he might be sent for to answer his contempt Mr. Goodwyn The Sheriff acknowledgeth his error and humbly desireth so much favour that he may once again be called before the Committee and if he give not full content by his answer he will refer himself to the wisdom and justice of the House Sir Walter Earl seconded this motion so did Alderman Moulson Secretary Cook Chancellor of the Dutchy and some others but this offence being declared to be so great and gross and that the Committee had given him so many times to recollect himself and he being so great an Officer of so great a City had all the favour that might be and yet rejected the same and carried himself in a very scornful manner Wherefore it was ordered he should be sent for unto the House as a Delinquent to morrow morning Sheriff Acton was called to the Bar as a Delinquent upon his knees and said If he hath erred it was through want of memory or through ignorance for he intended not the least dislike or distaste to any Member of the House and withdraws Mr. Long. I shall move that he be sent to the Tower Mr. Littleton You see the affronts by Books by Preaching by Rumours by being served with Process these scorns are daily put upon us that we are become but a meer scare-crow the neglect of our duty is the cause of this it is high time to remedy this or it is in
this Answer not giving satisfaction the King was again petitioned unto that he would give a full and satisfactory Answer to their Petition in full Parliament Whereupon the King in Person upon the 7th of June made this 2d Answer My Lords and Gentlemen THe Answer I have already given you was made with so good deliberation and approved by the Judgments of so many wise men that I could not have imagined but that it should have given you full satisfaction but to avoid all ambiguous Interpretations and to shew you there is no doubleness in my meaning I am willing to please you in words as well as in substance read your Petition and you shall have an Answer that I am sure will please you And then causing the Petition to be distinctly read by the Clerk of the Crown the Clerk of the Parliament read the King's Answer thereunto in these words Soit droit fait come est desire §. 4. Several Miscellaneous Presidents and Orders both of the House of Lords and Commons I. A standing Order of the Commons House of Parliament touching Bills delivered to the Speaker UPon Tuesday the 15th of this instant May a Bill being offered to the Speaker of the Commons House of Parliament in his way coming towards the said House he received it and brought it in and being set in his Chair after some time did openly intimate the Head or Title of it purporting a Declaration of Treason practised by a Magistrate of this Land concealing the Name of the Man and the Particulars of the Bill adding that for special Causes he hoped they would not meddle with it or expect it should be read nevertheless the House inclined to have the Bill read but upon the said Speaker's Motion and better Consideration resolved to forbear it for that time expecting the return and reading of it when Mr. Speaker should think meet to give the House satisfaction as he promised shortly to do The next day as was afterwards informed it pleased his Majesty to send for the Bill and in respect it contained matter of personal Treason as was likewise pretended properly and only touching himself his Majesty assumed unto himself the Examination of the matter of the Bill and retained it in his own keeping In all this time the House for the more part expected an Accompt of the said Bill which was this day demanded and urged by sundry Members of this House in which Debate these Questions were handled 1. Whether the House were possessed of the Bill 2. What might be called possession of a Bill 3. Whether it might deal with Treason 4. Examine commit and proceed to Judgment upon Traitors and with what kind of Treason and Traitors 5. And lastly Whether a Speaker receiving a Bill and reading the Title may deliver it to any without special allowance and leave of the House Hereupon it was finally Resolved and Ordered that for this time all Questions should cease touching these matter with this caution and care proceeding from a tender regard of the priviledge of this House that it should be precisely Registred as the Judgment of the House that no Speaker from henceforth should deliver a Bill whereof the House standeth possessed to any whomsoever without allowance and leave as aforesaid but that he had Power and might either shew it or deliver a Copy If it seems meet unto him Who by way of excuse Answered that a Message was delivered unto him by a great Lord from his Majestie commanding him to send the Bill unto him and that he was warranted by former Presidents to shew the Bill to the King when he was Commanded As in the Case of Mr. Morrice Mr. Wentworth 25. Eliz. Many Motions ensued in this matter by Mr. Sollicitor Sir Herbert Crofts Sir Francis Bacon Mr. Brooke Mr. Wiseman Sir William Fleetwood Mr. Crewe Mr. Martin Sir Henery Beaumont Sir Maurice Berkley Sir William Strowd Mr. Yelverton Sir Thomas Hobby Much Exceptions against the Presidents Injurious that any Speaker should deliver a Bill to the King without the privity of the House No Bill whereof the House is possessed to be delivered to the King or any other without notice and leave of the House We loose our priviledge if we loose our Bill Mr. Speaker to pray Access to the King himself and in the name of the House to desire the Bill from his Majestie No possession of a Bill except it be delivered to the Clerk to be Read If the Speaker Read Title in his Chair as he did in this Case a possession Jones the Prisoner to be sent for hither and to attend his discharge from the House That the Prisoners Committed by us cannot be taken from us and Committed by any other An Order moved and Agreed that no Bill whereof the House is clearly possessed be delivered to any before the House have notice and give leave Admitted that a Copy may be delivered or it may be shewed to his Majestie II. Mr. Speaker declared to the House a Message from the King The Message was to this effect That his Majestie having entred into a Princely Consideration of the weight of the great Cause in hand as also of the great worth and sufficiency of those Gentlemen that have Spoken and Dealt in it he was to put them in mind that the Writ of Summons that called them thither was to consult de arduis Regi That every Man did serve for a Town or a Shire that his attendance and service of the House was a great duty and that the departure of any Member of this House was a greater contempt than any Nobleman's departure who served only for himself that therefore he wished and advised that no Lawyer or other Member of Note might depart the House until this great Matter were brought to more ripeness and perfection and if the House would enter into course for the stay of them here or for the recalling of those that be absent his Highness would assist them by his Proclamation or otherwise as they should conceive fittest It was hereupon moved that many have Tryals at the Assizes who by their absence might receive prejudice if some course were not taken to prevent it Propounded that Letters might be writ by Mr. Speaker to the Justices of Assize for stay of Proceedings against any man that would require it which was approved and resolved by the House Mr. Speaker moveth that a time might be appointed for the Calling of the House and a punishment agreed on for the absent Others that the House might first be Called and then a punishment thought on That the House being Called the Serjeant might be sent for those which were found absent That a Law might be thought of to provide for this Mischief hereafter These Motions ended in these three Questions which by direction was made by Mr. Speaker viz. 1. Whether the House
one Court day to another from Northampton to Rowell 10 miles off to the great hindrance of his Master and at length they enjoyned him to pay 3 s. 8 d. which for fear of Excommunication he was forced to borrow and so to pay them And she was threatned by the Chancellor that he would make her keep her Brother's Parish Church when she came to the Town 4. And because Mr. Martin and divers other Townsmen refused to give him their Voices to be one of the Burgesses of Parliament for Northampton which he would fain have obtained both by fair means and threatnings he presently cited many to the Court and there troubled them And amongst the rest the said Mr. Martin having about 3 years past by the Consent of the Minister Churchwardens and Parishioners built a Seat in the Church for his Children and Servants for their better hearing of Divine Service and Sermons was cited before him about the said Seat and the Chancellor took it away from him most unjustly having cost him 3 l. building of it and gave it to 3 of the stubbornest Fellows in the Town all opposers to Authority and one of them for his vicious life bound over to the Sessions and put out of the Common-Counsel of the Town for the same and since presented into the Spiritual Court for Incontinency with 2 Women and yet Mr. Middleton one of the Surrogates graced him publickly in that Court and said he was thrust out of the Common-Councel for his honesty Thomas Martin 15 May 19 Jac. Whereas divers Complaints have been made against John Lamb Doctor in the Civil Laws Chancellor to the Bishop of Peterborough for divers Extortions Oppressions and Misdemeanours by him and his under Officers committed in the execution of the said Office in the said Diocess and elsewhere And whereas also it is informed that you whose Names are hereafter set down can testifie mutually against the said John Lamb These are therefore by the direction and on the behalf of the said House of Commons to require you and every of you that you make your personal appearance at the said House of Commons the 29th day of this instant Month of May to testifie your knowledge in the premisses Thereof I require you not to fail as you will answer the contrary at your perils Given under my Hand this 15th day of May 1621. And it was further Ordered that Robert Sibthorp and Richard Stockwell should be sent for as Delinquents X. Mr. Glandvile reports from the Committee of Priviledges the Election of Monmouth and by an Order from the Committee Monmouth was heard yesterday And they received this morning a Petition that Mr. Walter Steward was returned and that they think his Election not good They object against him because a Scotchman and not Naturalized He forbore to come into the House till he had leave The Case of one Lennis Monck a Denizen returned and sate here and so Sir Horace Palavicino The Committee delivered no opinion in it Two Orders and two Petitions delivered in to have these heard in order as they come in Resolved that those which are already in shall be proceeded in in order as the Petitions were delivered Mr. Glandvile thinks Mr. Steward ought not to sit here because at the time of his Election he was uncapable of it he that is made a Denizen is not as an Englishman That but only personal Sir Dudley Diggs in that Parliament when Bacon Attorney was in question whether he ought to sit here or no Over-ruled he ought not yet in favour of him he was suffered to sit here and an express Order that never any other Attorney after should To do the like by this Gentleman Sir Edward Cook No Alien Denizated ought to sit here Tros Tiriusque mihi nullo discrimine habetur the other passed sub silentio Some sit here that are under age and ought not to sit here because not questioned Resolved that Mr. Steward hath dealt very worthily in forbearing to come and sit in this House Mr. Glandvile goes on with his Report Resolved upon Question the Election of Mr. Walter Steward being no natural born Subject is void and a Warrant to go for a new Writ for Monmouth XI Sir Robert Phillips reports from the Committee for Courts of Justice 3 Heads First The Petition of the Lady Darcy in it is a Recital of her Husband 's dying seised of the Mannor of Sutton in Surrey with the Advowson a Grant was made to her and another by the Court of Wards of the Body and Estate of her Son 1 Aug. 21 Jacobi the Incumbent died so she presented her Clerk to the Bishop so the Lord Keeper 3 Septemb. presented Doctor Grant the King's Chaplain She was advised to seek her ordinary Course by a Quare impedit which was denied by the Cursitor who said the Lord Keeper gave directions for it to be sued to the King desires of this Assembly to have relief this Petition was retained by the Committees Parties on both sides appeared and Councel It came into question whether an original Writ might be stayed the Lawyers vouched some Presidents for it in Chancery the Committee concluded these were not proper in the Cause and not to be followed desires an Accommodation of this Business between the Lady and the Doctor they gave a time for yet they are clearly of opinion that the Lady had lost her Right and to the Heir doubtful for him They received a Petition from Dr. Grant who made four proffers First he would willingly go to a Tryal with this Lady without taking advantage of lapse of time If that could not be he would pass an Act of Parliament to set her in statu quo 3ly would refer it to four Judges to six Lawyers of this House if they should say the Right was hers he would resign The Committee had an Answer from the Lord Keeper of two parts First for the denial of the Quare Impedit not his purpose to justifie it but to extenuate his proceedings therein A Question there was between the two Courts and no good correspondency between the Judges it was presently after his coming into the place neither corruption nor malice was in his proceedings he offered a Living equivalent of this to the Lady he would satisfie the Lady by any means this House should direct and would labour to get Grant from his Majesty to sell to the Heir he had never before nor would do the like and returned thanks to the House for their favourable Interpretation of this his Error The Lady Darcy gave a Negative Answer to all she had appealed to the House could find no better Judgement and to this she would stand The Committee took two things into their consideration the Ladies own particular and the publick For the first they thought it the safest way to put in a Bill she was satisfied with this answer For the second the denial of
the Writ divers proposals made but at last resolved to present it to the House without any Opinion of theirs touching the Offence and Error of the Lord Keeper was directed to report the whole Narrative to the House Mr. Brook said he had never any person in admiration for advantage had read the Law there is a Market overt of the Law the Common Pleas and the Chancery the Shop of Justice the Chancery First No doubt it 's a great fault to deny an original Writ in the Chancery but not so much as to deny a Fine in the Common Pleas just Excuse and the offer of Amendments doth much extenuate the Offence which is but singular the Lord Keeper might do this to vindicate his Right from the Vsurpation of the Court of Wards it cannot stand with the Gravity of this House to transmit it a man for one single offence this will be admonition enough to him that it hath been thus agitated in this House Sir James Parrot argued the offence of the Lord Keeper in the denial of an original Writ some Excuses are alledged First done within a short time after he came in ignorantia Juris in a Judge Another Excuse offered a Contention between two Courts this rather aggravates than extenuates his offence being his own Case he ought not to have stayed Justice this thought a sole fault yet a great fault But he thinks it not a sole fault He is informed that there are more Faults of the like kind objected to the Lord Keeper Proposed To have that examined then it will be a sole fault two other Petitions before the Committees before the Lord Keeper of Mrs. ' Thomas and Sir Francis Fuliambe to have these two fully heard tomorrow and then to grow to a Resolution of this in the mean time to have the Cursitor examined about the other whether another Quare impedit or Ne admittas was not denied Sir Thomas Hobby moved to begin in order with the parts of the Reports First To the Writ that which is amiss in the Inheritance and then to consider of the Faults to have the Bill read Mr. Price alledged no corruption nor ill intention appears in the Lord Keeper a difference between things evil in themselves and evil by success the Lord Keeper came young to his Place and from a strange speculation and found this President therefore to have some course taken to right the Lady and to limit that vast Court Mr. Sollicitor thinks the Answer of the Lord Keeper's very fair and satisfactory if it be rightly understood and so the Debate went off XII Sir Edward Cook reports from the Committee of Grievances a Complaint against the Bishop of Norwich the charge is great and strange consisting of four parts First the City of Norwich having 34 Parishes he sent for the Preachers of the City and told them they had preaching enough and the morning preaching needless wished them to cease the Mornings Exercise this aggravated by divers Circumstances a Letter written to him by the Metropolitan about the Kings pleasure for preaching after this his Inhibition the Cathedral Church the Elbow of the City not above 2000 can hear yet all to come thither above 20000 people in Norwich The second There came up Images and Crucifixes counted Laymens Books and the Lord Bishop blessed those that set up those Ornaments a Dove in the Font fluttering over the water to sanctifie it Rot. Parl. 18 E. 3. num 32 33 34. the Commons dealt with the Provisors they complained they had not Spiritual food for Cardinals put into Churches Shoemakers and Taylors 50 E. 3. called bonum Parliamentum a complaint of the Popes usurpation not feeding the Flock Rome called the Sinful City and that all the Ill that hath befaln this Kingdom hath come from thence 17 R. 2. num 22. 11. H. 4. and a great many more Presidents so that this complaint is proper for this place The third was Extortion by orders of the Archbishop and by their own Canons the Iees set down these very much exceeded 4. Old Institutions now registred which is very dangerous for disherisons They have not heard his defence 40 E 3 inter Brevia a complaint against the Bishop of Hereford for Non-residency not lying within his Diocess all Bishops ought to be Resident unless they be in the Kings Service where the People are not taught the King hath but half Subjects the readiest way to make Rebellions The Committee thought it worthy to be transmitted up to the Lords Resolved upon Question without a Negative That this matter shall be transmitted up to the Lords Sir Edward Cook to do it and a Message to be sent to the Lords for a Conference about it The Commons desire their Lordships for a Conference touching some Accusations against the Lord Bishop of Norwich unto which his Lordship hath not yet been heard Humbly leaving the time and place to their Lordship The Lords appointed the 15 th of this Month to confer with the Commons touching their Complaint against the Lord Bishop of Norwich being returned the Lord Arch Bishop of Canterbury reparted the same to the House to this effect viz. That the Commons had received of Complaint exhibited by the Citizens of Norwich against the said Lord Bishop and to shew that it was ordinary for the Commons to complain of the Governours of the Church divers Records of Parliament were cited viz. Anno 25 E. 3. 17 R. 2. and 11 H. 4. all which were cited to satisfie tacite objectionis for their medling with a cause of this nature That the charge against the Lord Bishop consisted of six parts 1. That he inhibited or dishartned Preachers on the Sabath day in the Forenoon 2. That Images were set up in the Church and one of the Hoey Ghost fluttering over the Font and a Marble Tomb pulled down and Images set down in the room and the Bishop blessed them that did it 3. That he punished those that Prayed not toward the East 4. That he punished a Minister for Chatechising his Family and Singing of Psalmes 5. That he used Extortion many ways 6. That he did not enter Institutions to the prejudice of Patrons For the first it was said that there was 34. Churches in Norwich and in those Parishes 30 or 40000 People That the Lord Bishop sent for the Preachers by Apparitor and told them there was no need of Preaching on Sunday in the Forenoon except in the Cathedral Church where 2 or 3000 only could hear many dwelling three quarters of a Mile off and many being old and not able for their Age to come so far That this Inhibition was when the King had commanded more Preaching That his Lordship connived at Recusants All which was to the disheartning of good Professors It may be objected his Lordship allowed of Catechizing ergo no Preaching
it for that they being but stipendary men were loth to do it for fear belike to lose their Stipends Whereupon his Lordship sent for them by an Officer and willed them to omit those Expositions in the Forenoon and yet his Lordship hath since taken order for the erecting of three Sermons in the most remote Places of the City from the Cathedral Church and his Lordship hath erected many Lectures in several Places in the Countrey 2. As touching the Images in the Church what was done is done without his knowledge It is meant by St. Peter's Church that his Lordship never saw that Church till one Evening as he came by and being often before informed of much Cost done upon that Church he went in and kneeled down to his Prayers as his use is and when he rose up perceiving that they had bestowed very great Cost and not seeing or knowing at all of any Image set up there he said God's Blessing on their hearts that had bestowed so much Cost on God's House 3. As touching Prayer to the East he never enjoyned it nor heard of it till now 4. For the 4th part of his Complaint he perceiveth That he hath been sifted for the whole course of his Life That this Peck was sent to his Lordship by the Justices of the Peace for an Assembly late at night in his House his Catechizing being but a colour to draw them thither That this Peck had infected the Parish with strange Opinions as not to kneel when they came to Church that the Name of Jesus is no more than a common Name and that it is Superstition to bow down at the Name of Jesus His Lordship further affirmed That this Peck had been formerly convicted for non-Conformity Annis 1615 1617. and for Symony and Conventicles in his Neighbour's house as appears by the Acts of the Register Fatetur And that Anno 1622. he was taken in his House with 22 of his Neighbours at a Conventicle That he was now bound over by a Justice and so brought to his Lordship and his Sentence against Peck was only That he should confess his Fault The others mentioned in this part of the Charge were punished for their Opinions also making no difference between an Ale-house and the Church till the Preacher be in the Pulpit His Lordship said He much confessed his fault that in the Penance he enjoyned them he caused them to confess their Errors omitting their resort to Conventicles which he did at their own earnest suit 5. His Lordship absolutely denied That he improved any Fees and affirmed he hath not any of those Fees that are complained of only the Fee for Institution which he took as his Predecessors did if therein he hath committed any Error Erravimus cum Patribus and denied that he ever had seen that Table of Fees which is spoken of by the Commons 6. His Lordship affirmed That he had registred all the Institutions This was the Effect of the Lord Bishop's Answer which being ended The Prince his Highness told his Lordship That he had not answered touching the Paraphrase of the Catechism taken away by him Whereupon his Lordship replied That the Preachers used to choose a Text of the Creed c. and to ask the Child some one Question and then to debate very long upon it and never descend to the capacity of the Child That his Lordship did not forbid the Explanation but willed that it might be Catechistically Thus ended the Lord Bishop of Norwich his Answer to the said Complaint It is this day Ordered that in respect of the Streightness of time that the Complaint of the Commons against the Lord Bishop of Norwich shall be referred unto the High Commission to be Exammined by them and they to make Report thereof to the House And then the House will judge thereof XIII Timothy Pinckney who had Petitioned the Lords 21 Jac. to be relieved for a Debt owing to him and others from Sir John Kineday and that Barne Elmes should be Sold for that purpose which the Lords then ordered And appointed a Commission to Issue out of Chancery directed to certain Judges to examine the pretences of the Creditors and see them satisfied he Complains now of the Bishop of Lincoln late Lord Keeper for refusing to grant out such a Commission and slighting the Order The Committee had taken the Depositions of three Persons who had been first Sworn in the House The Lords took into consideration this contempt of their Order heard the Depositions read and appointed Sir Charles Caesar and Sir Robert Rich to go and Examine one Kelwood who was also present when the said Lord Keeper refused to obey the said Order and Minister an Oath unto him to tell what he knows of any notice given to the Lord Keeper of the said Order and who was present March the Second Upon Sir Charles Caesar and Sir Robert Rich their Report of their Examination of George Kellwood touching the Bishop of Lincoln not obeying the Order in the business of Pinckney the Lords Order that the Deposition after they had heard it read and the Depositions of the other three Persons formerly taken to be sent to the Bishop of Lincoln who was to return an Answer under his hand that day following March the 16 th The Bishop of Lincoln sent his Answer to Pinckney's Complaint according to the order of March the 2 d. in Writing to this essect First in general denyed he should have Spoken any thing in contempt of their Lord ships Order in Parliament 21 Jac. having always in his heart born such a reverence to them for non Arbitramur quenquam dicere quod non sentiat and for the particulars as he remembers it being two years since that there had been a mistake in the Clerks entering it according to the sence of the House and Pinckney had then concealed from their Lord-ships a former Refference by the Parliament and the King himself to the Lord Keeper the Master of the Rolls and some Judges who had made a Decree in it And admit all were true that is complained yet he had ommitted the time of the Complaint of a verbal contempt near two years being past and two sittings of Parliament wherein he had been silent Verbal Injuries according to the Civil Law must be complained of within the year aliter remissae censentur Contempts must be pressed the next Term or sitting of the Court against which they are committed Scandalous words against the King must be Complained of within three Months Words of High Treason are by the Laws confined to be Complained of within 6 Months All Informations against any Penal Law made or to be made must come within the compass of one year unless it be Ex parte Regis who hath a year longer And it is impossible for any Man to give an Account of every phrase he shall use Twenty Months after the words
Spoken Lubricum tantum linguae non est ad judicium trahendum say the Civilians And that his Heart did never conceive the least Derogation of any Order of that most Honourable House on the bare intimation of any one Peer that sitteth in the same One passage in his Answer was That Kellwood and especially Kennedy a Man Condemned to Death in Scotland for Forgery are Persons Infamed and their Credits to be Examined before they be admitted as Witnessess against a Peer of the Realm and a Lord Keeper of the Great Seal as he then was At the end of the Paper was Written Recepi 5. Expedii 9 Martii 1625. John Lincoln This Answer was referred to the Committee for Petitions to consider what 's fit to be done for the clearing of the aspersion laid by the Bishop on the Lords Sub-Committees appointed for the Journal Book and what for the relief of Pinckney for those had certified it to be a true Order Notwithstanding he said it was mistaken by the Clerk and had not obeyed it The Committee Report they find two defects in this Answer 1. That he doth not clearly acknowledge his Contempt in not obeying the Order 2. His Aspersing the Lords Sub-Committees by saying it was a mistaken Order when they had certified it a true one Their Opinion is That the Sub Committee be cleared and the Bishop acknowledge it a true Order and signifie to the House that he is sorry he was so mistaken and thereby given just offence to the House and to the Lords of the Sub-Committee then Acknowledge his Error and ask their pardon so Ordered May it please your most Honourable Lordships YOur Lordships having resolved the order touching Pinkney of the 28 of May 1624. To be an Order of that Most Honourable House truly and justly entered I do most willingly accknowledge as much and am very sorry that through a weak memory and information of some parties interessed who pretendded to have serached the Clerks Book the 29 of May 1624. And to have found there at that day no ground at all for any such Order I have had in my thoughts some scruples to the contrary to the offending of the most Honourable House or any one of the Lords of the Sub-Committee who as I now understand have Subscribed the said Order And I do Humbly desire your most Honourable Lordships in General and those Noble Lords in Particular to Pardon the Errour I have herein committed and I shall pray unto God to bless and prosper your most Honourable Lordships John Lincoln Which Acknowledgment their Lordships all accepted in full satisfaction from the said Lord Bishop XIV Ordered Ensign Reynde to be sent for and brought up as a Prisoner before the Lords to answer a high Contempt against the Parliament The Witnesses who have informed thereof are to be required to attend when Reynde comes Ordered the Serjeant at Arms to make such and so many Deputies for the apprehension of Henry Reynde as the Lord Say shall appoint and his Captain to be warned to bring him hither by a day These men were sworn touching the Information against Henry Reynde Ensign-Bearer to the Souldiers at Banbury viz. George Phillips Obadiah Lord. John Hayns John Hele. And being examined did testifie the insolent and opprobrious Speeches spoken by the said Ensign Reynde against a Peer of the Realm and his contempt of this High Court of Parliament The Lords considering that the said Reynde was by Order of this House sent for by the Serjeant the 27th of May and could not be found but yet came early one Morning to the Clerks Office to understand whether any other cause of Complaint was against him save the Information of those opprobrious Speeches and instantly departed and ever since hides his head Their Lordships Order Elvenston his Captain to be sent for to be here to morrow Morning And the Duke of Buckingham did declare his opinion that the said Reynde deserved a severe censure and promised to the House to lay all the Ports for him and if he can be found or shall ever come into the Army he will cause him to be sent to receive such censure as shall be agreed on against him Captain Elvenston being called before the Lords did affirm that he had not seen his Ensign Henry Reynde this Fortnight and thinks he is not in Town He was commanded to bring him to the House whensoever he shall find him and so soon as he shall understand where he is to inform the House thereof The Lords taking into consideration that Henry Reynde will not be found and Resolving to proceed to a censure against him for his Ignominious Speeches of the Parliament and of the Lord Say they first voted and adjudged him unworthy to bear Arms hereafter or to be accompted a Souldier Then their Lordships propounded divers other parts of a Censure against him but the Duke of Buckingham coming in before the Conclusion thereof his Grace told their Lordships that the said Reynde is now found Whereupon it was Ordered the said Reynde to be brought hither to morrow Morning The Duke of Buckingham excused himself for not bringing of Reynde to his answer according to his promise for that he shifts his Lodging every night but promised again to do his best to bring him to morrow Morning Ordered If Reynde do not appear here to morrow Morning then to proceed against him in the censure The Lords were put in mind of their Order yesterday if Reynde were not brought this Morning to proceed to sentence against him notwithstanding Whereupon the Duke of Buckingham signified unto their Lordships with what care and industry he had endeavoured to bring the said Reynde before their Lordships but he is so apprehensive of their censure which he deserves that he cannot be found Yet his Grace said he doubted not but to bring him to morrow Morning and desired their Lordships to proceed notwithstanding now in their sentence against him and with the more severity because he had so often deceived his Grace The sentence of the Lords Spiritual and Temporal in Parliament assembled against Henry Reynde Ensign-bearer to the Band of Soldiers Billetted in Banbury for the Ignominious Speeches uttered by the said Reynde against the said Lord Say and Seal And for his contempt of this High Court of Parliament which sentence was this day pronounced against him by the Lord Keeper viz. 1. He the said Henry Reynde is never to bear Arms hereafter but is accompted unworthy to be a Souldier 2. He is to be Imprisoned during pleasure 3. He is to stand under the Pillory with Papers on his Head shewing his Offence at Cheapside London and at Banbury 4. That he is to be Fined at 200 l. unto the King 5. He is to ask forgiveness here of all the Lords of Parliament in general and of the Lord
Say and his Son both here and at Banbury And it was then also Ordered by their Lordships that the Lord Keeper should move his Majesty for the House of Parliament to apprehend the said Reynde with a promise of reward unto him that that shall take him And it was then also Ordered that the Kings principal Secretary shall Write unto his Majesties Agent in the Low Countries that he signifie this censure of the Lords unto all the Colonels and Captains there and that his His Majesties pleasure is they give no entertainment to the said Reynde And the Court of Star-Chamber is to put this sentence in Execution against the said Reynde if he shall happen to be apprehended after this Session is ended and out of time of Parliament The Lord Say who withdrew himself when the Lords gave this Sentence gave their Lordships Humble thanks for the sense they had of his Honour and their Noble zeal they had in preserving of it Ordered the Court of Star-Chamber to put in Execution the Sentence against Reynde XV. Whereas George Gardiner did lately stand in the Pillory by the Censure of the House for counterfeiting of Protections and selling them it was now informed that he did not only in scorn thereof say that he would stand in all the Pillories in England for 2 s. per diem but also gave out threatning Speeches against the Lord Keeper wherefore he was this day brought to the Bar and the Speeches proved against him It was Ordered That he should stand in the Pillory here at Westminster with a Paper on his Head declaring his Offence for scandalizing the Justice of this House and unjustly slandering the Lord Keeper and to ride backward with the same Paper to the Cross in Cheapside and to stand in the Pillory there and to ride back to the Fleet in like manner And whereas George Buttrice and this George Gardiner Buttrice also having bought a counterfeit Protection have commenced Suits against one Henry Lane who first informed the Earl of Huntingdon thereof whose Protections were counterfeited and sold the said Suits not being for just Debt but for meer vexation as in the Petition of the said Henry Lane is contained It is Ordered the said Gardiner and Buttrice to stay all Suits against the said Lane for the Causes in the said Petition contained XVI Sir Walter Earl Reports from the Committee about the Deduty-Lieutenants Sir William Welby a Deputy Lieutenant for Lincolnshire is complained of that he sent a Warrant as a Deputy Lieutenant to commit two Persons to Gaol for refusing to pay certain Taxes for military Affairs Also one Mr. Norwood complains that it is the usual course of the said Sir William Welby to raise great sums in the Countrey in military Affairs but it is for the Charges of himself and others at Musters Also he having two Sons Captains in the Countrey he orders that every Souldier pay their Captain 6 d. a day every time they muster and though these Causes were complained of the last Parliament yet he doth not desist The Warrant was read For that I. S. refuseth to pay certain sums of Money for military Affairs These are by vertue of our Deputy Lieutenancy to require you to bring the Body of I. S. c. before me or some other Deputy Lieutenant I send you herewithal the Body of I. S. for that he denieth to pay military Charges and also denieth to enter Bond to appear at the next Assizes for his said refusal It was Ordered that he be sent for by the Serjeant and brought to the House Saturday the 10th of May Sir William Welby was called in to answer There was a Question whether he should come in a Delinquent and kneel or no and it was Ordered that he should not kneel only be asked by the Speaker about the Warrants exhibited touching the levying of Money for military Affairs He said he could not deny them but said he never imprisoned any but those two Palmer and Sparks and he said that upon the meeting of Musters he used to have his Charges born by the County and so it was ever used in that Countrey for 40 years and as for 6 d. a piece that is paid by every Souldier of the trained Bands unto the Captains of the Bands who are his Sons he said that it was ever used to be done but he never compelled any And as to the rate of 1 d. an Acre he said it was by vertue of an Order made at the Sessions in the Countrey and that he knew there was a Complaint of it the last Parliament After he went forth he was called in again and told that the House was not satisfied with his Answer and that it was the pleasure of the House that he should attend the Committee from day to day and this House also whensoever he should be required XVII A Complaint was made against the Mayor of Chichester by one Mr. Higgons who complained that a Lieutenant with four Souldiers came to his House and surprized him in his Study and he sent for the Mayor to see the Kings Peace kept and the Mayor contrary to his duty sent no aid and at a Sessions to enquire of a Ryot the Bench and the Hall was full of Captains and Souldiers so as he withdrew himself and they Indicted him for Assaulting a Souldier and it was found Cox also complained against the Mayor there who sent a Serjeant to them to demand Twenty Shillings by way of Loan which being refused six Souldiers were sent to his House so he was forced to lend the Money It was proved the Money was Paid and Enforced But it did not clearly appear that the Mayor enforced it but there were Presumptions the Captains and six Souldiers came from the Mayors House So there being no proof against the Mayor the Committee Ordered that the Mayor be dismissed till the Pleasure of the House be further known A Collection of some few Records and Presidents out of many others of the like nature Whereby it appears that the Kings of England were pleased to Consult and Advise with their Parliaments de Arduis negotiis Regni of the weighty and difficult business of the Kingdom 1. ANno 16. Johannis Before the granting and confirming of Magna Charta in his time the Prelates Earls Barons great Men and the Citizens and Burgesses were at a Parliament at London to give consilium auxilium Counsel and Aid for the Honour of the King being then personally in France in War with the French King their own and the safety of the whole Kingdom 2. Anno 29. H. 3. The King summoned a Parliament touching the Marriage of his Daughter where the Magnates Communitates Regni the great Men and Commons of the Realm spontanea mera voluntate granted a Subsidy to the King 3. Anno 32 H. 3. The great Men and Commons of their
Pope and in the same manner it was charged the Knights of the Shire and the Commons to assemble in the Chamber depeint to treat conclude and assent amongst them upon the same business and to give their Answer lour assent en dit Parlement 20. In the Parliament 18. E. 3. The King by his Chancellor prayed and charged the Prelates Earls Barons and Commons that they would consider touching the Articles of Truce between the King and France and that they would mettre leid le Conseil give their Aid and Counsel for the Salvation of the Rights and Honour of the King de eux meismes and of themselves 21. Sir Bartholomew Burghurst the Kings Chamberlain declared in Parliament That there was a Treaty of Peace between the King and the French and good hope of a final Accord but the King would not conclude sanz assent des Grantz ses Communs Whereupon the Chamberlain required and demanded on the behalf of the King whether they would assenter accorder to the intended Peace To which the Commons d'unassent d'unaccord Answered that what Issue the King and Grantz should take in the said Treaty should be agreeable to them Upon which Answer the Chamberlain said to the Commons Then you will assent to the Treaty of Peace perpetual if it may be had to which the Commons Answered Entierment unement oil oil yes yes And thereupon it was commanded that Master Michel de Northburgh Gardeyne of the Privy-Seal and Sire John de Swinley Notair Papal should make an Instrument publick thereof 22. Anno 43 E. 3. The Chancellor in his Oration before the King Lords and Commons thus expresseth himself Sires the King in all his great business which concerned himself and his Kingdom de tout temps hath acted and done by the counsel and advice of his Grandz and Commons of his Realm which he hath found in all his Affairs Bons Loyalz good and faithful for which he thanketh them de grant euer volunte and that it was not unknown to them that the King had taken upon him the Claim and Right to the Realm of France per lavis conseil de ses Grantz Communes by the advice and counsel of his great Men and Commons 23. 7 R. 2. The King called a Parliament to consider of a Peace between him his Kingdom Lands Dominions and Subjects ex una parte magnificum principem Robert of Scotland and his Lands Dominions and Subjects of the other part mediante consilio assensu Praelatorum procerum magnatum Communitatis Regni Angliae by the counsel and assent of the Prelates Peers and great Men and Commons of the Kingdom of England I will pass over the rest of the several Authorities in this King's Reign and so of H. 4. except this one 24. In the Parliament 9. H. 4. in that great Record called Indompnitié des Seigneurs Commune◠the King by the advice and assent of the Lords willed granted and declared that in that and all future Parliaments it should be lawful for the Lords to debate and commune amongst themselves de Lestate du Roiaume la remedie a ce busoignable of the state of the Kingdom and the necessary Remedies and it should be lawful likewise for the Commons on their part to commune in the same manner 25. Anno 3 H. 5. The Chancellor at the Re-assembly of the Parliament declares the King being present the causes of their calling which was that Peace had been offered him by his adversary of France the which without the assent and good Counsel of the Estates of his Realm he would not conclude And that the King of the Romans desiring Peace and Vnity in the Church Vniversal and also between the Christian Realms was come over hither with Propositions which he had not yet declared to the King but in a short time would shew them Upon the which the King would take the Advice de son tressage Conseil of his most wise Counsel 26. Anno 4 H. 5. The League and Alliance between the King and Sigismund the Emperour and King of the Romans was ratified and confirmed upon due and solemn Treaty thereof by the common consent and assent of all the Archbishops Bishops Dukes Earls Barons toute autres Estates Espiritualz Temporalz and other Estates Spiritual and Temporal and also of the Commons of this Realm in the said Parliament assembled 27. Anno 9. H. 5. A Peace being concluded between Henry King of England and Charles the French King it was mutually agreed that the Articles thereof be ratified and confirmed per tres Status of both Kingdoms which being approved concluded accepted and allowed of by the three Estates in France videlicet Praelator cleri necnon Procerum Nobilium ac etiam civium Burgensium civitatuum villarum Communitatum dicti Regni The Articles was after mature deliberation confirmed per tres Status Regni Angliae vid per Praelatos clerum nobiles magnates necnon Communitates Regni ad Parliamentum apud West qui quantum ad eos singulos eum pertinet obsequituros impleturos promiserunt 28. Anno 9 H. 6. It was ordained by the Lords Spiritual and Temporal and Commons That the Dukes of Bedford and Gloucester and my Lord Cardinal and others of the Kings Bloud and of his Counsel may treat of Peace with the Dauphin of France notwithstanding the Act formerly made to the contrary which was That the King of England H. 5. or the French King should not enter or make any Treaty of Peace or of Accord with Charles the Dauphin without the assent of the three Estates of both Realms 29 Anno 23. H. 6. Whereas by the Articles of Peace made between H. 5. and Charles the 6 th of France it was agreed there should be no Treaty or Accord made with the Dauphin of France without the assent of the three Estates of both Realms which Articles were afterwards Enacted and Authorized here by Parliament It was Enacted by the assent of the Lords and Commons that that Article should be void eryt cassed adnulled and of none Force and none to be impeacht for advising and acting in the said Peace 30. The Archbishop of Canterbury Chancellor of England declared the causes of the Summons of the Parliament the King present and amongst others that between the Ambassadors of King H. and the French King There was an appointment de personali conventione of a personal meeting between the two Kings in partibus transmarinis which if it should happen ut speratur to provide not only for the safe and secure preservation of the person of the King as well in his Conduct ad dict as partes transmarinas as in his being there but also for the safe and sure conservation of the Peace within the Kingdom and other his Dominions during his absence out of the Realm and
Parliament offers the Commons a Writ to deliver their Burgess but they refuse it as being clear of opinion that all their Commandments Acts were to be done and executed by their Serjeant without Writ The Sheriffs ordered to appear and bring with them the Clerks of the Compter And accordingly they did Who are charged by the Speaker Being not admitted to any Councel The Sheriffs committed to the Tower The Clerk to Little Ease and the Serjeants to Newgate All at last delivered upon the humble suit of the Mayor and other their Friends The King takes notice of the proceedings The King in the presence of the Chancellor Judges with whom he had consulted before of this matter commends and approves the proccedings of the Commons Here the King from the mouth of the Lord Chancellor declares the ancient priviledg of the Commons even for their menial Servants and gives an instance in the Cook of the Temple The King Head and the Lords and Commons Members of the High Court of Parliament in which he stands highest in his Royal Estate The Court of Parliament Nota All Acts and Processes coming out of any inferiour Court must cease and give place to the Highest Sir Edward Mountague Chief Justice of England who we cannot believe to be misconusant of the ancient proceedings in Parliament and of the Priviledge of the House of Commons together with the rest of the Judges by Reasons which wanted not Authorities confirmed what the King had said Journal Dom. Com. 4. Ed. VI. Journ Dom. Com. 14 Eliz. 17 Maii Anno Dom. 1571. Misdemeanors of a Member of the House of Commons for sundry lewd speeches as well in the House as abroad Ordered that those who heard them to put them in writing and deliver them to the Speaker Mond 19 Febr Mr. Hall appears and is cleared Humbly confesseth his folly And is remitted by the House Journal Dom. Comm. Anno 18. Eliz. 16. Feb. A. D 1575. Breach of Priviledge Confederacy and Contempt Friday 18. Feb. Munday 27. Feb. Smalley to be brought to the House by the Mace and not by Writ Tuesday 28. Feb. Smalley brought to the Bar was presently delivered out of Execution Wednesday 7. March post Meridiem Mr. Hall Smalley's Master withdraws Smalley adjudged guilty of a Contempt against the House for fraudulently procuring himself to be arrested Kirtleton in confederacy with him Smalley to be committed to the Tower for his Misdemeanor and Contempt The like Judgment for Kirtleton Both to be brought into the House to receive their Judgements Mr. Hall's privity in the Matter to be referred to a further Debate Saturday 10 March The Speaker pronounced Judgement upon Smalley Saturd 4. Feb. An. 23. Eliz. Journ Dom. Com. Mr. Hall's Charge for writing a Book derogatory to the Authority Power and State of the Commons House of Parliament Mr. Hall ordered to be sent for by the Serjeant at Arms Two Knights Members of the House to assist the Serjeant A Commission to a Committee to send for the Printer and to examine the Matter To report to the House and to take order for Hall's Apprehension And if any Member should see him to stay him and bring him to the House Munday 6 Feb. Mr. Secretary Wilson reports the Examination of Hall's Case from the Committee Hall appears and was called to the Bar where he was charged by the Speaker with his Offence The Printer brought to the Bar. And Shirland who was examined And Wells who was also examined A Committee appointed to examine further the whole Matter M. Hall brought to the Bar again and committed to the Serjeant to attend the Committee Bynnyman Wells and Shirland ordered likewise to attend the Committee Dalton also ordered to attend Tuesd. 14 Feb. Another Report from the Committee against Hall of new Contempts and Crimes added to his former Mr. Hall chargeth the House with Injustice Nota. The Printer brought to the Bar again and re-examined Mr. Hall at the Bar and recharged by Mr. Speaker Submits refuseth to answer acknowledgeth his Error prays pardon and is sequestred Sundry motions for a proportionable punishment Resolved nemine contradicente Hall to be committed to Prison And that Prison to be the Tower There to remain for six months And from thence till he made a retractation of his Book To be fined to the Queen And that Fine to be 500 Marks To be severed and cut off from being a Member of the House And the Speaker to issue a Warrant for a new Writ His Book and slanderous Libel to be adjudged utterly false and erroneous And that to be publickly testified and affirmed by Order of the House Hall brought to the Bar to receive his Judgment which Mr. Speaker delivered accordingly The Proceedings against Hall drawn up read and agreed to by the House Rot. Pat. 48 H. 3. m. 6. dorso Forma pacis inter Regem Barones The Articles of Peace à Domino Rege Domino Edwardo Praelatis Proceribus omnibus Communitate tota regni Angliae communiter concorditer approbat were sealed by the Bishops of Lincoln and Ely Earl of Norf. Earl of Oxon. Humphrey Bohun William de Monte Canisio Major London in Parliamento London mense Junii Anno Dom. 1264. de consensu voluntate praecepto Domini Regis necnon Praelatorum Baronum ac etiam Communitatis tunc ibidem praesentium And not only so but that Record tells us Quod quaedam ordinatio facta in Parliamento London habito circa festum Nativitatis Sancti Johannis Baptistae prox ' praeteritum pro pace Regni conservanda Pultons Stat. 24 H. 8. c. 12. It is unanimously declared adjudged and confirmed That the King his noble Progenitors and the Nobility and Commons of the said Realm at divers and sundry Parliaments as well in the time of King E. 1. R. 2. H. 4. and other noble Kings of this Realm made sundry Ordinances Laws Statutes and Provisions for the entire and sure conservation of the Prerogative Liberties and Preheminences of the said Imperial Crown of this Realm and of the Jurisdiction Spiritual and Temporal of the same to keep it from the annoyance as well from the See of Rome as from the Authority of other Foreign Potentates attempting the diminution and violation thereof as often and from time to time as any such annoyance and attempt might be known or espied Ex vetusto MS. Staeturorum penes Johan ' Peachy de Interior ' Templo Armig. King Edw. 2. and the whole Parliament in the 15. year of his Reign when the Ordinances which had been made before that time by certain Prelates Earls and Barons by the consent of that King la Comunante de la terre were repealed because in many things they restrained the Power Royal too much yet in the Act of Repeal there is a salvo semper jure Regni sive Parliamenti for they unanimously agree and provide Mes les choses que sont establer pur le
state nostre Seigneur le Roy ses heirs pur le state du Roialme du Peuple soient tretez accordez establez en Parlement par nostre dit Seigneur le Roy par l'assent des Prelatz Comtz Barons tout le Commune du Roialme auxi come ad estre accustumer ceo en arrear That those things which are for establishing the Estate of the King and his Heirs and for the Estate of the Realm and the People thereof shall be treated of accorded and established in Parliament by the King and by the assent of the Prelates Earls Barons and all the Commons of the Realm as it had been accustomed in times past Rastals Stat. Anno 38 E. 3. f. 124. the Statute of Provisors from Rome And to the intent that the said Ordinances and every of the same for the ease quietness and wealth of the Commons be the better sustained executed and kept and that all those which have offended or shall offend against these Ordinances by prosecutions accusations denunciations citations or other Process made or to be made out of the said Realm or within or otherwise against any manner of person of the said Realm be the more covenable and speedily brought in answer to receive right according to their desert The King the Prelates Dukes Earls Barons Nobles and other Commons Clerks and Lay-people be bound by this present Ordinance to aid comfort and to counsel the one and the other and as often as shall need and by all the best means that may be made of word and of deed to impeach such offenders and resist their deeds and enterprizes and without suffering them to inhabit abide or pass by the Seignories Possessions Lands Jurisdictions or Places and be bound to keep and defend the one and the other from all damage villainy and reproof as they should do their own persons and for their deed and business and by such manner and as far forth as such Prosecutions or Process were made or attempted against them in especial general or in common Rot Parl. 21 R. 2. n. 27. Pur le Pape s'accorderent touts les Prelats Seigneurs Communes en le Parlement That Pope Urban was true lawful Pope and that the Livings of all Cardinals Rebels to Holy Father and all others their coadjutors fautors and adherents and all other Enemies of the King and his Realm shall be seized into the hands of the King and the King to be answered of the profits thereof and whosoever shall procure or obtain any Provision or other Instrument from any other Pope then the said Urban shall be out of the Kings Protection Certaine Priests en Angleterre avoient offend en diverse points en temps R. 2. durant le division de la Papacy les fueront per Act del Parlement deprives de leur Benefices 21 H. 7. fo 34. Rot. Parl. 2 H. 5. par 2. num 10. An Act of Parliament made 2 H. 5. agrees and confirms that it was ever the liberty and freedom of the Commons of England that no Statute or Law could be made unless they gave thereto their assent and the Reason was convincing and certain which the King and his Councel the Archbishops Bishops Abbots Priors Earls and Barons in Parliament agreed to and never in the least questioned or doubted of that the Commons of the Land have ever been a Member of Parliament and were as well Assenters as Petitioners The Record is thus That so as it hath ever be their liberte and freedom that ther should no Statute ne Law be made of less then they yaffe thereto there assent considering that the Common of your Lond the which that is and ever hath be a Membre of your Parliament ben as well Assenters as Petitioners Rot. Parl. 3 H. 5. n. 11. Nostre Seigneur le Roy per avys assent des Seigneurs Communes Enact That during the Schism at Rome all Bishops and other persons of Holy Church shall be consecrated by the Metropolitan upon the Kings Writ without further excuse or delay Pultons Stat 24 H 8. c. 12. It was enacted by Authority of Parliament That all Archbishops and Bishops of this Realm or of any the Kings Dominions consecrated and at this present time taken and reputed for Archbishops and Bishops may by Authority of this present Parliament and not by vertue of any provision or other foreign Authority License Faculty or Dispensation keep enjoy and retain their Archbishopricks and Bishopricks in as large and ample manner as if they had been promoted elected confirmed and consecrated according to the due course of the Laws of this Realm and that every Archbishop and Bishop of this Realm and of other the King's Dominions may minister use and exercise all and every thing and things pertaining to the Office or Order of an Archbishop and Bishop with all tokens in Signs and Ceremonies thereunto lawfully belonging Rastals Stat 25 H. 8. c. 12. It is declared both by the Lords Commons That your Royal Majesty and your Lords Spiritual and Temporal and Commons representing the whole state of your Realm in this your most High Court of Parliament have full power and authority not only to dispence but also authorize some elect person or persons to dispence with those and all other Humane Laws of this your Realm and with every one of them as the quality of the persons and matter shall require and also the said Laws and every of them to abrogate adnul amplifie or diminish as shall be seen unto your Majesty and the Nobles and Commons of your Realm present in your Parliament meet and convenient for the wealth of your Realm as by divers good and wholesom Acts of Parliament made and established as well in your time as in the time of your most noble Progenitors it may plainly and evidently appear Pultons Stat. An. 2 3 E. 6. cap. 21. All Laws prohibiting Spiritual persons to marry who by Gods Law may marry shall be void Be it therefore enacted by our Soveraign Lord the King with the assent of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by the Authority of the same that all and every Law and Laws positive Canons Constitutions and Ordinances heretofore made by Authority of Man only which do prohibit or forbid marriage to any Ecctesiastical or Spiritual person or persons of what estate condition or degree they be or by what name or names soever they be called which by Gods Law may lawfully marry in all and every Article Branch and Sentence concerning only the prohibition for the marriage of the persons aforesaid shall be utterly void and of none effect and that all manner of forfeitures pains and penalties crimes or actions which were in the said Laws contained and of the same did follow concerning the prohibition for the marriage of the persons aforesaid be clearly and utterly void frustrate and of none effect to all intents
constructions and purposes as well concerning marriage heretofore made by any of the Ecclesiastical or Spiritual persons aforesaid as also such which hereafter shall be duly and lawfully had celebrate and made betwixt the persons which by the Laws of God may lawfully marry Lastly Knighton one of our best and most exactest Historians tells posterity the ancient ends of calling Parliaments in the Speeches made by Tho. de Woodstock Duke of Gloucester the Kings Uncle and Tho. de Arundel Bishop of Ely to King Richard 2d at Eltham in the 12th year of his Reign in the name of the whole Parliament then sitting at Westminster wherein the said Delegates do put that King in mind Quod ex antiquo Statuto Consuetudine laudabili approbata c. saith the Historian That by ancient Statute and Custom laudable and approved which no man could deny the King may once in the year convene his Lords and Commons to his Court of Parliament as to the highest Court of the whole Realm In qua omnis equitas relucere deberet absque qualibet scrupulositate vel nota tanquam Sol in ascensu meridiei ubi pauperes divites pro refrigerio tranquilitatis pacis repulsione injuriarum refugium infallibile querere possent ac etiam Errata Regni reformare de statu gubernatione Regis Regni cum sapientiori Concilio tractare ut Inimici Regis Regni intrinseci hostes extrinseci destruantur repellantur qualiter quoque onera incumbentia Regi Regno levius ad Ediam Communitatis suportari poterunt In which Court say they all equity ought to shine forth without the least Cloud or shadow like the Sun in his Meridian glory where poor and rich refreshed with peace and ease of their oppressions may always find infallible and sure refuge and succour the grievances of the Kingdom redress'd and the state of the King and government of the Realm debated with wiser Counsels the Domestick and Foreign Enemies of the King and Kingdom destroyed and repelled and to consider how the charges and burthens of both may be sustained with more ease to the people Saturday the 18. of March A further Order against Mr. Hall Hall's Retractation to be referred to a certain Committee The Committee to Report Hall's Retractation at the next Session of Parliament Anno 27 Eliz. Jour Dom. Com. Saturday 12 December Contempt in a Member The Serjeant to give warning to Mr. Hall tu attend the House Monday the 21 November Anno 29 Eliz. An. Dom. 1586 Mr. Markham's Complaint against Mr. Hall That he being for ever disabled to be a Member of the House had notwithstanding brought his Writ against the Inhabitants of Grantham for his Wages Who pray the advice and order of the House Friday the 2d of December Referred to a Committee With directions if they think good to move the Lord Chancellor to stay the granting of further Process against the Burrough Tuesday the 21. of March The Ld. Chancellor at the request of the Committee stays further Process against Grantham Mr. Hall frankly remits his Wages to the Burrough of Grantham Ex Journ Dom. Com. Judgment The like President An. 3 Car. 1. Vid. Journ Dom. Com. Journ Dom. Proc. Com. The Bishop of Bristol's Case Ex Journ Dom. Proc. Com. 7 Jac. The Case of Dr. Cowell Men despise and reproach those things whereof they are ignorant It is a desperate and dangerous matter for Civilians and Canonists I speak what I know and not without just cause to write either of our Common Laws of England which they profess not or against them which they know not But their Pages are so full of palpable Errors and gross Mistakings as these new Authors are out of our Charity and their Books out of our Judgment cast away unanswered Coke lib. 10. Lectori Blackwood's Case Jour Dom. Com. Nota. E contra Vide the ancient Rights of the Commons of England asserted or a discourse proving by Records and the best Historians that the Commons of England were ever an essential part of Parliament The Power of Kings in particular of the Kings of England learnedly asserted by Sir Robert Filmer Kt. fol. 1. Printed An. Dom. 1680. King James's first Speech to his first Parliament in England Pulton's Stat. 1 Jac. cap. 2. fol. 1157. King Charles the I. Declaration to all his loving Subjects published with the Advice of his Privy Councel Exact Collections of Declarations pag. 28 29. Journ Dom. Com. Dr. Manwaring's Case Juratores praesentant quod Richardus Empson nuper de London miles nuper Consiliarius excellentissimi Principis Henrici nuper Regis Angl. 17. die Maii Anno Regni dicti nuper Regis 12. diversis vicibus antea postea apud London in Parochia sanctae Brigettae in Warda de Farrington extra Deum prae oculis non habens sed ut filius diabolicus subtiliter imaginans honorem dignitatem prosperitatem dicti nuper Regis ac prosperitatem Regni sui Angliae minime valere sed ut ipse magis singulares favores dicti nuper Regis adhiberet unde magnat fieri potuisset ac totum Regnum Angliae secundum ejus voluntatem gubernaret falso deceptivè proditoriè legem Angliae subvertens diversos ligeos ipsius nuper Regis ex sua falsa covina subtili ingenio contra communem legem Regni Angliae Anderson's 1. Rep. fol. 156. Vide Rushworth ' s Collections fo Judgment against the Doctor Journ Dom. Procerum The Doctor 's Submission Ex Agupeto Diacono Assentatores à Regibus tanquam pestis vitandi 12. nam non utilia consulunt sed quae placent 22. 31. sic Diogenes rogatus quaenam bellua perniciosissime morderet ex feris inquitobtrectator ex cicuribus vero adulator The Lords order the Bishop of London to suspend the Doctor Journ Dom. Proc. die Sabbathi 18 die April 16 Car. 1 21 April 1640. 27 April 1640 28 April 1640. Journ Dom. Com. 3 Car. 1. Dr. Mountague's Case * The Dr. Writ and Published several Tenents tending to Arminianism and Popery * Lord Brook friend to Sir Phillip Sidney in his Alaham. Had done a contempt to the Commons and distrubed the Nation 1 Car. Voted 2 Car. resolved by that Parliament that he had Sowen Sedition And endeavoured to reconcile us to Rome Articles against Mountague Campanella de Monar Hispan Jour Dom. Com. Anno. 27 Eliz. Dr. Parry's Case Journ Dom. Com. 18 Jac. Sir Giles Mompesson's Case Journ Dom. Proc. 18 Jac. The Lords Judgment againw him * Journ Dom. Com. 19 Jac. Sir John Bennet ' s Case Illos extollimus qui fraudibus ac dolis divites facti sunt eos patres legum Justitiae fontes sapientiaeque thesauros appellantes O inconcussa Dei justitia quamdiu haec pateris ab horum igitur scholis in quibus non sat scio an de veritatis inventione an potius de lucri spe major sit disceptatio prodeunt Judices
Cheap-side and at Banbury Fined 200 l. To ask Pardon here and at Banbury The Lord Keeper to move the King for a Proclamation to apprehend him The Secretary to write into the Law Countreys not to entertain Reynâ—e The Court of Star-Chamber to see the Sentence executed out of time of Parliament Die Sabbathi 14 Junii Journ Dom. Proc. 1 2 Car. 2. 13 Jun. The Case of George Gardiner for counterfeiting Protections Journ Dom. Com. 3 Caâ— Friday 9 May. The Case of Sir William Welby a Deputy Lieutenant for raising Money and illegal Commitments His Warrant And Commitment Sent for by the Serjeant His Answer at the Bar. To attend the Committee and House Journ Dom. Com. 3 Car. Wednesday 21 May. The Case of the Mayor of Chichester Vide the ancient Rights of the Commons of England asserted c. p. 13. Inter Communia 17 E. 3. penes Rememeratorem Domini Regis in Scaccario Recerda War de priore de Coventry atâ— tach pro transgressione Ibid. Rot. Pat. 37 H. 3. m. 12 dorso Rast. Stat. so 15. Rot. Pat. 42. H. 3. m. 4. Rot. Pat. 48. H. 3. m. 6. dor Forma Pacis inter Regem Barones Rot. Pat. 49 H. 3. m 13. intus n. 54. Rot. Claus. 49. H. 3 m. 11. dor in Schedula Rot. Pat. 51 H 3. m. 16. pro pace inter Regem Com Gloucester * Richard Earl of Cornwal Ibid. Rot. Pat. 54. H. 3. Rot. Wal. 11 E. 1. m. 4. n. 2. dorso Rot. Claus. 28 H. 3. m. 8 dor Rex c. Sciatis quod de Communi Consilio Regni nostri provisum est quod erimus apud Novum Castrum super Tinam cum equis armis die Sancti Petri Advincula pro quibusdam transgressionibus quas Rex Scotiae Nobis fecit emendas super eum conquerendas nisi c. Rot. Claus. 28. E. 1. 1m 3. dor Rot. Claus. 24. E. 1. m. 4. d. de Parliamento tenendo The French King having invaded Vascony by Fraud and Wickedness The K. in his Summons to Parliament saith Quod omnes tangit ab omnibus approbetur sic inuit evidenter ut communibus periculis per remedia provisa communiter obvietur for praevisa jacula minus ledant Plita Parliamentaria p. 318 320. Inter memorand a Parliamenta 9 E. 2. m. 18. Rot. Claus. 16. E. 2. m. 7. dor Rot. Claus. 16. E. 2. m. 7. cor Rot. Par. 13. E. 3. pars 1. m. 11. Rot. Parl. 14. E. 3. pars 1. n. 2. Rot. Parl. 17. E. 3. n. 8 Nota. Rot. Parl. 18. E 3. n. 5. vide Rast. Stat. fo 86. Rot. Parl. 28. E. 3. n. 58. Rot. Parl. 43. E. 3. n. 1. Rot. Claus. R. 2. n. 37. 7. Ex Rot Parl. tenti apud Glouc. 20 die Octobris Anno Regni Regis H. 4. Post Conquestum 9. m. 8. n. 21. Indempnitie des Seigneurs Communes Rot. Parl. 3. H. 5. pars 2. Rot. Parl. 4 H. 5. n. 14. La confirmation des Alliances perentre le Roy le Roy des Romains prisez accordez Rot. Parl. 9. H. 5. pars 1. n. 14. Approbatio pacis inter Regem Angliae Franciae nuper conclusae Rot. Parl. 9. H. 5. n. 18. De potestate tractand de pace cum Dolphino c. Rot. Parl. 23. H. 6. n. 24. Rot. Parl. 25 H. 6. n. 1. Rot. Parl. 11. H. 7. n40 An Act concerning the Peace between the King of England and the King of France Jur. Dom. Proc Anno 3. H. 8. 15 die Parliamenti Lord Herbert's Hist. of H. 8. to 303. Nota. Rast. Stat. 2. 5 H. 8. cap. 13. Nota. Nota L. Herbert fo 307. Vide the antient Rights of the Comm. of England asserted p. 111. Rot Parl. 17. E. 3. n. 59 60. Rot. Parl. 21. Es 3. n. 1 63. Inter Capita foederis arctioris amicitiae inter potentissimos principes Elizabetham Angliae Reginam Jacobum ejus nominis sextum Scotorum Regem 5 Julii 1586. Ex Ms. penes meipsum Ex Cronico ab anno 1272. 1 E. 1. ad an num 1317. 10. E. 2. Ms. mihi ostens per Tho. Turner Armig. nuper defunct Anno Domini 2289. Aunoque Regni Regis E. 1. 18. Certe scimus quam plurimos corum qui Judiciis sub E. 1. prae fuere viros quidem maximos aevo in illo Jurisconsultos celeberimos repetundarum quod lites suas fecerant aliosque preter Ministros forenses aliquot merito damnatos multis exitio ac carcere punitos esse Seldeni ad Fletam dissertatio p. 548. Vide Fleta cap. 17. p. 18 19. Authoritas Officium Ordinarii Concilii Regis Vide Mat. Wect. An. 1289. p. 376. l. 13. Anno vero 1290. 18 E. 1 deprehensis omnibus Angliae Justiciariis de repetundis preter Jo. de Metingham Eliam de Beckinghom quos honoris ergo nominatos volui judicio Parliamenti vindicatum est in alios atque alios carcere exilio fortunarum omnium dispendio in singulos mulcta gravissima amissione officii Spelm. Gloss. part 1. fo 416 Pro Rege Angl. de diversis concessionibus ei per Regem Scotiae factis Anno 8 E. 3. m. 29. Rot. Scotiae The Parliament of Scotland Nota. These Agreements Ratifyed by the Parliam of Eugland Rot. Parl. 7. R. 2. n. 2 Pronuociatio Parliamen Nota. Nota. Nota Nota. Nota. Anno 28 E. 1. A Truce between England and France Ex Rot 29 E. 1 in Turri London The Kings Lords and Commons reprehend the Ambassadors De Treuga per Regem Angliae illis de Franc. concessa Rot. Pat. 12. F. 3. pars 1. m. 24. Nota. Nota. Rot. de Anno 29 E. 1. in Tur. London The Query Nobilitas est duplex Superior inferior Co. 2. Inst. fo 583 Nobiles minores sunt Equites sive Milites qui vulgo generosi Gentlemen dicuntur Camden Brit. f. 123. An. 17 Car. 1. cap. 14. Pultons Stat. Rex Angliae neque per se aut Ministros suos subsidia aut alia quaevis onera imponit ligeis suis sine assensu totius Regni sui in Parliamento suo expresso Fortescue de laudibus Legum Angliae cap. 36. pag. 84. Philip de Commines lib. 5. cap. 18. of the Cabal or most secret Councels to two French Kings and a man living about a Century and half ago tells us Nul Roy ne Seigneur sur terre ait pouvoir de mettre un denier sur les Subjets sans ottroie consentement de ceux qui doivent payer sinon par Tyranne ou Violence No King or Potentate upon Earth saith he hath power to levy one penny upon the poor Subject without consent and permission unless by down-right Tyranny and Rapine Nota. John Bodin in his Book de Republica l. 1. cap. 8. de jure Magistratus fol. 96. A famous Lawyer and Statesman of the French Nation who after he had informed his Reader that the English are not chargeable by their Princes with Impositions but by consent of their three Estates presently adds Ego vero caeteris Regibus non plus in eo genere quam Regibus Anglorum licere puto cum nemo sit tam improbus Tyrannus qui aliena bona deripere sibi fase esse putet For my part saith he it is my Judgment that no other Prince whatsoever may lawfully do any more in this kind than the Kings of England may seeing there can be no Tyrant so wicked or impudent as to think he may justly take away another mans Goods from him without his free leave and good will