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A54636 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 ... : 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 ... / by William Petyt of the Inner-Temple, Esq. Petyt, William, 1636-1707. 1680 (1680) Wing P1948; ESTC R15174 115,975 326

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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
former Proceedings in this House against the said Mr. Hall as well in disabling him to be any more a Member of this House as also touching his said Imprisonment the Matter was referred to further Consideration after search of the Presidents and Entries of this House heretofore had and made in the course of the said Cause On Friday the 2d day of December upon a Motion this day renewed on the behalf of the Inhabitants of the Burrough of Grantham in the County of Lincoln touching a Writ brought against them by Arthur Hall Esq whereby he demandeth Wages of the said Inhabitants for his Service done for them in attendance at sundry Parliaments being elected and returned one of the Burgesses of the said Burrough in the same Parliaments For as much as it is alledged that the said Arthur Hall hath been heretofore disabled by this House to be at any time afterwards a Member of this House and also that in some Sessions of the same Parliaments he hath neither been free of the Corporation of the said Burrough and in some other also hath not given any attendance in Parliament at all It is Ordered that the Examination of the state of the Cause be committed to the Right Honourable Sir Walter Mildmay Kt. one of her Majesties most Honourable Privy Councel Chancellor of her Highness's Court of Exchequer Sir Ralph Sadler Kt. one other of her Majesties most Honourable Privy Councel and Chancellor of her Highness's Dutchy of Lancaster Thomas Crumwel Robert Markham and Robert Wroth Esquires to the end that after due Examination thereof by them had if it shall so seem good to them they do thereupon move the Lord Chancellor on the behalf of this House to stay the granting out of any Attachment or other Process against the said Inhabitants for the said Wages at the Suit of the said Arthur Hall and the said Committees also to signifie their Proceedings therein to this House at the next Sitting thereof accordingly An Order delivered by Mr. Crumwel Entred by the Consent of the House WHereas upon Complaint made to this House upon Munday the 21. day of November in the first Meeting of this present Parliament on the behalf of the Burrough of Grantham in the County of Lincoln against Arthur Hall Gent. That the said Arthur Hall had commenced Suit against them for Wages by him demanded of the said Burrough as one of the Burgesses of the Parliament in the Sessions of Parliament holden in the 13. 14. 18. and 23. years of the Reign of our Sovereign Lady the Queens Majecty wherein it was alledged that the said Burrough ought not to be charged as well in respect of the negligent attendance of the said Mr. Hall at the said Sessions of Parliament and some other Offences by him committed at some of the said Sessions as also in respect that he had made promise not to require any such Wages The Examination of the said Cause on the 2d day of December in the last Session of this Parliament by Order of this House was committed unto Sir Ralph Sadler Kt. Chancellor of the Dutchy Sir Walter Mildmay Kt. Chancellor of the Exchequer Thomas Crumwel Robert Markham and Robert Wroth Esqs. This day Report was made by the said Committees that not having time during the last Session of Parliament to examine the Circumstances of the Cause they had in the mean season by their Letters advertised my Lord Chancellor that the said Cause was committed unto them and humbly requested his Lordship to stay the issuing forth of any further Process against the said Burrough until this Session of Parliament or Meeting which accordingly his Lordship had very honourably performed and the said Committees did further declare that having during this Session of Parliament or Meeting sent for Mr. Hall declared unto him the effect of the Complaint against him they had desired him to remit the said Wages which he had demanded of the said Burrough whom they found very conformable to condescend to such their Request and that the said Mr. Hall then alledged and affirmed unto them that if the Citizens of the said Burrough would have made suit unto him he would upon such their own suit then remitted the same so was he very willing to do any thing which might be grateful to this House and did freely and frankly remit the same which being well liked of by this House it was by them this day Ordered that the same should be entred accordingly §. 1. Mr. Arthur Hall's Case stated I. ANno 23 Eliz. 1580. Mr. Arthur Hall Burgess for Grantham for writing a Book derogatory to the Authority Power and State of the Commons House of Parliament had Judgment nemine contradicente 1. To be imprisoned in the Tower for 6 months and from thence till he had made a Retractation of his Book 2. To be severed and cut off from being a Member of that or any future Parliament 3. A Fine of 500 Marks to the Queen 4. His Book and slanderous Libel adjudged utterly false and erroneous II. Anno 1 Jacobi 1603. The Bishop of Bristol publishing a Book tending to make division and strife wrong and dishonour both to the Lower House and the Lords themselves was complained of by the Commons to the Lords The Earl of Salisbury at a Conference between the two Houses rebuked the Bishop That any man should presume to see more than a Parliament could the Bishop made his Recantation 1. That he had erred 2. That he was sorry for it 3. If it were to do again he would not do it 4. But protested it was done of ignorance and not of malice III. Anno 7 Jacobi 1609. Dr. Cowell Professor of the Civil Law at Cambridge writ a Book called the Interpreter rashly dangerously and perniciously asserting certain Heads to the overthrow and destruction of Parliaments and the fundamental Laws and Government of the Kingdom He was complained of by the Commons to the Lords as equally wounded who resolved to censure his Errors and boldness but upon the interposition of the King who declared that the man had mistaken the Fundamental Points and Constitutions of Parliaments promised to condemn the Doctrines of the Book as absurd and him that maintained the Positions they proceeded no further His Principles with the evident Inferences from them were these 1. That the King was solutus à Legibus and not bound by his Coronation Oath 2. That it was not ex necessitate that the King should call a Parliament to make Laws but might do that by his absolute power for Voluntas Regis with him was Lex populi 3. That it was a favour to admit the consent of his Subjects in giving of Subsidies 4. The Doctor draws his Arguments from the Imperial Laws of the Roman Emperors an Argument which may be urged with as great reason and upon as good authority for the reduction of the state of the Clergy of England to