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
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
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
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
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
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
shall be Called 2. Whether the Serjeant shall be sent for such as are absent having no reasonable excuse 3. Whether the House shall be Called on Monday come seven-night in the afternoon Which were all resolved in the Affirmative with this further direction that the absent were to be sent for by the Order of the House and by Warrant under Mr. Speaker's hand And upon the whole matter a Special order conceived The Copy whereof was sent to sundry Members that were absent that they might be more sensible of the reason and necessity of their Attendance The form of the Order was THis day Mr. Speaker delivered a Message from His Majestie importing a Consideration of the weight of the great cause in hand of the study and travel that hath been taken in the understanding and furtherance of some good Success therein by sundry Members of the House and of the duty and necessity of the attendance of every Member Representing in his Voice and Person a Shire City or at least a Town the special use and service of the Lawyers of the House the great contempt in departure together with his Highnes's gracious Offer of his Royal power and Assistance to be added to the Authority of the House for the recalling or punishing of any Member Deliuquent in this behalf Whereupon the House entered into dispute and deliberation what course were fittest to be taken as well for the continuing of such Members as are here already Assembled as for the return and attendance of those absent to partake of and assist in the great service in hand And after many courses and new devises of Order propounded to the House It was at last Resolved upon three several Questions First that the House should be called Secondly that upon the calling such as were found to be absent and had no just cause of Excuse should with the privity and direction of the House by Warrant under the hand of Mr. Speaker And by the Serjeant at Arms Attendant upon the House or by his Deputy be immediatly sent for and answer Fees and Entries to the Officers as in Case of breach of Priviledge or other Contempts to the House Thirdly and Lastly That upon Munday next come Sevenight in the afternoon of that day the House shall be called Mr. Hide the last day immediatly upon the Kings Message Pleading certain businesses of his Clyents and other his private occasions of profit and necessity as he pretended made known to the House that he would go out of Town and so took his leave in open audience without the Assent or Leave of the House which was taxed And Mr. Speaker warranted to Write unto him which he did in this Form The Form of the Speaker's Letter to Mr. Hide AFter my very hearty Commendations sithence your departure hence there hath been Complaints made to the House that you have gone without Leave and Contrary to His Majesties pleasure signifyed and the express Order of the House This bred great dispute and it was in a manner Resolved that you should be presently sent for by the Serjeant as being conceived to be a president of ill example and contempt other Mens Cases Considered with yours which led me to interpose this motion to the House That if you came not before Munday next the day appointed for calling of the House you might then be proceeded withal as the Case did require And my self offering to Write to you for that purpose they desisted and left it to my care Nevertheless for many Important reasons wherewith I will acquaint you at your coming I do advise you as also require you from the House that you forthwith repair hither and attend the service in hand which is now in the greatest heat and hast of proceeding And so I commit you to God Directed To my very Loving Friend Laurence Hide Esq It was also moved and resolved That Mr. Speaker should Write another Letter to other Lawyers being gone down in the same Circuit where Mr. Laurence Hide was viz. Mr. John Moore Mr. Giles Tooker Mr. Edward Digs and Mr. Nicholas Hide which also he did to this Effect The form of the Letter AFter my very hearty Commendations sithence your departure hence there hath been complaint made as well of your absence as of many others which hath moved the House to press some speedy course for your return and thereupon have commanded me forthwith to write unto you that you make your repair hither without excuse or delay which I would advise you to do to prevent further question or danger such as I would be loth you should undergo as now the case stands And so I commend you to the protection of the Almighty To my Loving Friends Mr. Giles Tooker Mr. John Moor Mr. Edward Diggs and Nicholas Hide Esqs Members of the Commons House of Parliament III. It is this day Ordered that a Committee of the whole House shall this afternoon consider of a fit and satisfactory Answer of the Kings Majesties Letter sent this day to this House and also that they shall take into their Consideration such Misinformations as are suspected to have been given to his Majesty concerning the Proceedings of this House this Parliament and of all the Circumstances belonging to the same IV. Sir Robert Phillips makes Report of two Informations brought the one against Dr. Lamley Chancellor to the Bishop of Peterburrough the other against Dr. Cradock a Divine and Chancellor to the Bishop of Durham Dr. Lamley is accused for extorting of unlawful Fees in Probate of Wills c. 2. For vexing of men with impertinent trivial and idle Causes wherein men are forced to consume their time and spend their Estates As for receiving Money on Holidays he makes them pay 40 s. and upwards for a Discharge the like of opening half a Shop-window it cost another that came to Church on Christmas-day with a foul Band 54 s. and for ommitting of Penance one Bushell paid 100 Marks and desired it might be imployed to Charity he said Charity began at home One having no Sermon in his own Parish went to a Parish where there was a Sermon for this he was put to the Oath ex Officio and paid 33 s. V. As for Dr. Cradock Chancellor of Durham I must consider him in three Capacities and apply the faults unto them severally First He is Chancellor to the Bishop Secondly He is a high-Commissioner Thirdly He is a Justice of Peace 1. As Chancellor there are two Charges of misgoverning himself In refusing probate of Testaments and granting Excommunications before Citations He takes Bribes on both sides 2. As a high-Commissioner of the Quorum and so a principal man sending out his Process for Recusants he took of one Collyer 20 l. for not appearing of another 10 l. to shuffle up a clandestine Marriage c. Lastly As a Justice of Peace he took 100 l. for the
discharging of a Priest Newton killed one he compounded for 100 l. One Allenson a Batchellor of Divinity made one Hanton his Executor within 10 days he granted Sequestration of the Testator's Goods Dr. Cradock sent them that took away his Will opened his Desk and took 6 or 7 Bags and having threatned them the Doctor made 4 Sequestrators the Bishop saith he would seize the Goods of Gilbert Hanton to the use of the Bishop of Durham he came as Justice of Peace and committed Hanton to the Constable to be forth-coming the Doctor broke open another Desk and took 30 s. in money he made his Warrant and sent Hanton to the Gaol he laid a Fine upon him of 50 l. John Widowes came to Hanton and mediateth to the Doctor for his Son's Imprisonment he would give his Son 22 l. which he doth the Sessions indicted him by the Oath of D. Soame because they thought the Fine too unreasonable but the Doctor said that the Lord of Durham would be angry with him One Clement gave the Doctor 50 l. and a Mare to have an Administration granted As he was a Commissioner he took of one Conyers 20 l. of another 59 l. and of two others 10 l. a piece for Adultery of another 8 l. As a Justice of Peace for not sending one to the Gaol 100 l. For Recusancy of one Tempest for a Murther 100 l. For Adultery before the Party could free himself 20 l. Mr. Alford The Oath Ex Officio in this manner one having no Sermon went to another and he made him pay 23 s. for the Oath and for the same offence and he going to another Parish imprisoned him Sir Edward Cook No man speaks against the Jurisdiction but the corruption of Spiritual Courts Qui tollit abusum confirmat usum For the Oath Ex Officio there is an Act of Parliament that they may give it and Lay-men may give it in some cases not in all And herein the ancient Common Law agreeth with the Canon Law in the 32 vel 31 Ed. 3. there was a complaint against Fees 2 H. 4. there was a Law to reduce them to their ancient Fees for now they exceeded For Cardinal Wolsey of his devotion and charity took for probate of my Lord Compton's Will 100 marks hence came the Law of 21 H. 8. We have good Laws but they are like Swords shut up in their sheaths Sir Edward Bonstead he hath a Petition of the Ministers of Northamptonshire the people have been ready to rise against the abuses in the Ecclesiastical Courts Mr. Brook That the Convocation is not a part of the Higher House neither the Bishops any part of the Higher House but are there as they have Temporal Baronies Mr. P ym I would not have us send up to the Lords yet till we have examined them for their guiltiness must be stamped here before they go up to the Lords Mr. Noy 8 H. 6. the Clergy and Bishops are not to be arrested going to the Convocation-house we cannot judge them but complain of them Mr. Sherwin It is a complaint and we must examine him so that our complaint be certain and not without great deliberation handled that it may not be otherwise proved Sir Nathaniel Rich. That if the Lords will not punish those that we complain of we will enter into Judgment our selves which is our ancient course The House would not send for the accused Doctors because they were of the Convocation 1. To avoid offence to them of that Assembly 2. Because of the Stat. of 8 H. 6. which is thus Forasmuch as the Prelates and Clergy of the Realm of England called to the Convocation and their Servants and Familiars that come with them to such Convocation often times and commonly be arrested molested and inquieted our said Soveraign Lord the King willing graciously in this behalf to provide for the security and quietness of the said Prelates and Clergy at the supplication of the same Prelates and Clergy and of the assent of Great men and Commons aforesaid hath ordained and statuted that all the Clergy from henceforth to be called to the Convocation by the Kings Writ and their Servants and Familiars shall for ever hereafter fully use and enjoy such liberty or defence in coming tarrying and going as the Great men and Commonalty of the Realm of England called or to be called to the Kings Parliament do enjoy and were wont to enjoy or in time to come ought to enjoy VI. The Commons House of Parliament in Confirmation of a former Declaration therein made concerning the stay of all Suits Payments and other Proceedings grounded upon any Patent or Commission condemned in the said House as a general Grievance or Inconvenience to the Subject until further Order and Direction given therein hath this day again upon the Question Resolved it to be fit that none of the Patents Commissions or other things condemned in this House for general Grievances or Inconveniences to the Subject shall be put in execution until the next access to Parliament VII It is thought fit by the Commons House of Parliament that all Suits Payments and other Proceedings grounded upon any Patent or Commission condemned in the said House as a general Grievance or Inconvenience to the Subject should stay till further Order and Direction to be given therein VIII It is this day Ordered by the Commons House of Parliament that the Serjeant at Arms attending this House shall attach the Body of John Churchill one of the Deputy-Registers of the Chancery and him shall take into his custody and bring him to this House upon Monday morning next at 8 of the Clock and the said Serjeant is in the mean time to keep him so as none be suffered to speak with him but in the hearing of the Serjeant IX To the Honourable the Knights Citizens and Burgesses of the House of Commons in this present Parliament Assembled The humble Petition of the Mayor Bayliffs and Burgesses of the Town of Northampton THat whereas your Petitioners have been and still are every way conformable to the Kings Majesties Laws Ecclesiastical yet have they for these many years been subject to the great grievances of John Lamb Doctor of the Laws Chancellor to the Bishop of Peterborough who not only scandalizeth the Town in general as factious rebellious and refractory to his Majesties Laws but also countenanceth the lewdest fellows in the Town in their opposing of the Governours and Government and by himself and his Surrogates Registers Proctors and Apparitors and others whom he useth as Spies up and down the Town and Country citeth men and women to his Courts upon small or no just occasion but only to enrich himself and his Followers keeping two Courts every fortnight for the most part and carrying them away from the usual place where they were wont to be kept as being most convenient unto other small Towns far remote so that his Majesties
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
for ordaining a provision thereof Tractatum maturam deliberationem cum sano salubri Consilio trium Statuum dicti Regni necessario exigit requirit and after concludes his Speech Qualiter praefatus Rex ad tractandum consulendum cum praefatis proceribus magnatibus supradictis Communibus Regni sui hujusmodi provisione saciend habend Parliamentum suum predictum fecerat convocari Therefore the King had called his Parliament to treat consult and advise with the Peers and great Men and Commons of the Kingdom how such provision may be done and had 31. Anno 11. H. 7. The Articles of Truce and Peace between Charles the French King and King Henry was agreed to be ratified accepted approv'd and confirmed per tres Status utriusque Regnorum videlicet per Praelatos Clerum nobiles Communitatem eorumdem Regnorum authoritate Parliamentorum Which was after done 32. Anno 3 H. 8. Dominus Cancellarius ex mandato Regis ostendebat Dominis hic praesentibus causas Secretiores hujus Parliamenti summonitionis primam concernentem Regem Scotiae multimodas injurias subditis Regni Angliae illatas Secundam Et bellum inter Regem Castelli Ducem Gildriae ejus affinitatem terram concernentem Dominum summum Pontificem Tertiam Et dissensionem inter ipsum Ludovicum Francorum Regem lectumque fuit per Magistrum Rotulorum breve Apostolicum in vulgari translatione one continens contumelias dampna injurias Sanctae sedi Apostolicae Romano Pontifici per Ludovicum Gallorum Regem illatas Item dictus Dominus Cancellarius cum Domino Thesaurario aliis Dominis in Domum Communem descendebat cum premissis ostensur c. 33. Anno 21. H. 8. The Lords and Commons sent a Letter to the Pope touching the dilatory Proceedings in the Divorce between the King and Queen Katherine before him in which Letter they declare Causa Regiae Majestatis nostra cujusque propria est a Capite in Membra derivata dolor ad omnes atque injuria ex aequo pertinet omnes in ejus Majestate compatimur in relation to the Safety and Succession of the Crown and that if his Holiness would not determine the cause or defer it any longer they plainly tell him that Nostri nobis curam relictam aliunde nobis remedia conquiramus And they were as good as their words For in the Parliament 25 H. 8. an Act passed for declaring the establishment of the Succession of the Kings most Royal Majesty in the Imperial Crown of this Realm wherein the Marriage between the King and the Lady Katherine was by authority of Parliameut definitively clearly and absolutely declared deemed and adjudged to be against the Laws of Almighty God and also to be accepted reputed and taken of no value nor effect but utterly void and annihilated and that the said Katherine should be from thenceforth called and reputed only Dowager to Prince Arthur and not Queen of the Realm This Letter was Subscribed and Sealed by 2 Archcbishops 2 Dukes 3 Marquesses 13 Earls 4 Bishops 25 Barons 22 Abbots And Milites Doctores in Parliamento the Knights and Doctors in Parliament of the House of Commons William Fitzwilliam being Speaker was the first that signed And notwithstanding the Objection from the date thereof in time of Prorogation it is very probable that it was agreed in Parliament and my Reasous are two besides what appears by the Letter it self 1. The Answer of the Pope to the Letter is directed thus Venerabilibus fratribus Archieepiscopis Episcopis ac dilectis filiis Abbatibus Nobilibusque viris Ducibus Marchionibus Comitibus Baronibus Militibus ac Doctoribus Parliamenti Regni Angliae 2. Records and Histories tell us that Parliaments have several times sent Letters to the Pope For Instances Anno 29 H. 3. 29 E. 1. 17. E. 3. Where the last though agreed to in full Parliament yet was after Sealed Souz les Seales des Grantz totes les Cominaltes des Citees Burghes d' Angleterre So that as yet under submission I am of my Lord Herbert's opinion That the Letter or Declaration was by the Parliament 34. Anno 28 Eliz. Item conventum concordatum conclusum estquod Rex Scotiae quamprimum vicesimum quintum suae aetatis annum impleverit quam primum commode id facere poterit per publicum Regni sui conventum dictum foedus approbabit confirmabit approbari confirmari faciet item Reginalis suae Majestatis per proceres alios Regni sui Angliae Hiberniae Status in Parliamento idem faciat praestabit vel fieri praestari procurabit I have seen several Records of Leagues ratified by the Scotish Parliament 35 POstquam Rex per spatium trium Annorum amplius in partibus transmarinis remansisset de partibus Vasconiae Franciae in Angliam rediisset valde anxiatus conturbatus fuit per quotidianum clamorem tam Clericorum quam Laicorum petentium ab eo congruum remedium apponi versus justiciarios alios Ministros suos de multimodis oppressionibus gravaminibus contra bonas leges consuetudines Regni illis factis super quo Dominus Edwardus Rex per Regale scriptum Vicecomitibus Angliae precipit quod in omnibus comitatibus ciuitatibus villis Mercatoriis publice Proclamari facerent quod omnes qui sese sentirent gravati venirent apud Westmonasterium ad proximum Parliamentum ibi querimonias suas monstrarent ubi tam Majores quam Minores oportunum remedium celerem Justitiam rccuperent sicut Rex vinculo Juramenti die Coronationis suae astrictus fuit ac jamjam a dest magnus dies Judiciarius Justiciorum aliorum Ministrorum Consilii Regis quem nulla tergiversatione nullo munere nulla arte vel ingenio placitandi valent eludi Coadunatis itaque Clero Populo in magno Palatio Westmonasterii consessis Archiepiscopis Cantuar. vir magnae pietatis Columna quasi Sanctae Ecclesiae Regni surrexit in medio ab alto ducens suspiria Noverit Vniversitatis vestra ait quod convocati sumus de magnis etarduis negotiis Regni heu nimis perturbati hiis diebus enormiter mutilati unanimiter fideliter efficaciter simul cum Domino Rege ad tractandum ordinandum audivistis etiam universi querimonias gravissimas super intollerabilibus injuriis oppressionibus quotidianis desolationibustam Sanctae Ecclesiae quam Regni factis per hoc Iniquum Concilium Domini Regis contra Magnas Chartas tot toties multoties emptas redemptas concessas confirmatas per tot talia juramenta Domini Regis nunc Dominorum Henrici Johannis ac per terribiles fulminationes Excommunicationis sententiae in transgressores Comunium libertatum Angliae quae in Chartis predictis
ê‘ bouche devant nostre dit Seignior le Roy en plein Parlement st feust entrée en Rolle de Parlement de mot a mot en null autre maniere ê‘ ascun voie que le request lour estoit octroiez de quel Cedule issint leverée le tenure sensuit de mot a mot 38. Anno 28 E. 1. A Truce being concluded between the English and French by King Edward's Ambassadors who therein had dishonourably agreed to include the Scots the Ambassadors at the ensuing Parliament were sharply rebuked and corrected not only by the King himself the Prelates and Nobles but by the Commons But to take away exceptions let the Record speak Treugae initae inter Angliae Franciae Reges per eorum procuratores Nuncios Anno gratiae 1031. pro quibus dicti Nuncii Regis Angliae Reprehensi fuerunt non solum per ipsum Regem Praelatos Nobiles sed etiam Communitatem Regni praedicti pro eo quod promiserunt Regem Gentes Scotiae includi in Treugis ex parte Francorum Regis ex parte confederationis prius initae inter Francorum Scotorum Reges praedictos 39. Anno 12 E. 2 A War being between England and France the Pope sent two Cardinals to conclude a Truce between the two Crowns Whereupon King Edward declares Nos pro eo quod Praelatis Proceribus ac Magnatibus Regni nostri necnon Confederatis nostris quorum interest inconsultis dicte Treugae tunc assentire non poteramus Parliamentum nostrum apud westmonast in Crastino purificationis beate Mariae Virginis ultimo preterito mandaverimus convocari ut tam ipsorum Praelatorum Procerum ac Communitatum dicti Regni nostri quam Confederatorum nostrorum praedictorum habere possemus de liberationem quid agendum foret consultius in hac parte c. And afterwards the Record says Nos habita in dicto Parliamento cum Praelatis Proceribus ac Communitatibus Regni nostri praedictis necnon cum Nunciis ad nos de dictis confederatis nostris accedentibus super hiis deliberatione pleniori licet consideratis qualitate temporis jam currentis facti circumstantiis nobis ipsis visum fuerit periculosum fore multipliciter dampnosum aliquam cessationem seu dilationem ulterius concedere c. Had we had left us the Parliament Rolls of H. 3. E. 1. E 2. and some in E. 3. which are destroyed or lost Truth to which all owe a submission would have more plainly appear'd A QUERE touching the Parliament of Scotland WHat the Constituent parts of the Commune Consilium or Parliament of Scotland was in the time of our King E. 1. near 400 years since and why not the same before is amongst other Authorities proved as I conceive by a grand Record in the Tower of London which declares that the League between the Scotch and French was ratified and confirmed Inter ipsum Francorum Regem em una parte dictum Dominum Johannem de Balliolo ac Prealatos Nobiles ac Universitates Communitates Civitatum Villarum dicti Regni Scotiae pro ipsis eorum Haeredibus Successoribus ex altera Et etiam ad includendum dictum Dominum Johannem caeteros omnes terrae Scotiae predictos in Treugis inter dictos Angliae Franciae Reges initis proipsis eorum Heredibus subditis confederatis ad fines infrascriptos A Query may arise from this Record If the Tenants in capite only compounded and made the Parliament of that Kingdom in former Ages as some hold The Query is this Whether all Prelates Noblemen Universities and Communities of Cities and Towns of Scotland held of the Scotish King in capite Tempore E. 1. For if they held of any other or of him otherwise then in capite How could the Tenants in capite be the only Members of the Parliament according to the exact Enumeration of the constituent Parts mentioned and set down in this great Record which tells us that the League was made 1. On the one part between the King of France 2. On the other part between 1. John Balliol who was then King 2. The Prelates 3. The Nobles 4. The Universities and Communities of the Cities and Towns of the Kingdom of Scotland 5. And that for themselves 6. And for their Heirs and Successors The late proceedings touching Ship-money declared unlawful and all Records and Process concerning the same made void WHereas divers Writs of late time issued under the Oreat Seal of England commonly called Ship-writs for the charging of the Port-Towns Cities Boroughs and Counties of this Realm respectively to provide and furnish certain Ships for His Majesties Service And whereas upon the Execution of the same Writs and returns of Certioraries thereupon made and the sending of the same by Mittimus into the Court of Exchequer Process hath been thence made against sundry Persons pretended to be charged by way of Contribution for the making up of certain Sums assessed for the providing of the said Ships And in especial in Easter-Term in the thirteenth Year of the Reign of our Sovereign Lord the King that now is a Writ of Scire facias was awarded out of the Court of Exchequer to the then Sheriff of Buckinghamshire against John Hampden Esq to appear and shew cause why he would not be charged with a certain Sum so assessed upon him Upon whose Appearance and demurer to the Proceedings therein the Barons of the Exchequer adjourned the same Case in the Exchequer-Chamber where it was solemnly argued divers days and at length it was there agréed by the greater part of all Justices of the Courts of Kings-Bench and Common-Pleas and of the Barons of the Exchequer there assembled that the said John Hampden should be charged with the said Sum so aforesaid assessed on him The main grounds and reasons of the said Justices and Barons so agreed being That when the good and safety of the Kingdom in general is concern'd and the whole Kingdom in danger then the King might by writ under the Great Seal of England command all the Subjects of this his Kingdom at their charge to provide and furnish such manner of Ships with Men Victuals and Munition and for such time as the King should think fit for the defence and safe-guard of the Kingdom from such Danger and Peril and that by Law the King might compel the doing thereof in case of refusal or refractoriness and that the King is the sole Judge both of the Danger and when and how the same is to be prevented and avoided According to which grounds and reasons all the Justices of Kings-bench and Common-Pleas and the said Barons of the Exchequer having been formerly consulted with by His Majesties Command had set their hands to an extrajudicial Opinion expressed to the same purpose which Opinion with their Names thereunto was also by His
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