Miscellanea Parliamentaria: CONTAINING PRECEDENTS 1. Of Freedom from Arrests. 2. Of Censures. 1. Upon such as have wrote Books to the dishonour of the Lords or Commons, or to alter the Constitution of the Government. 2. Upon Members for Misdemeanours. 3. Upon persons not Members, for Contempts and Misdemeanours. 4. For Misdemeanours in Elections. Besides other Precedents and Orders of a various Nature, both of the House of Lords and Commons. With an APPENDIX, Containing several Instances wherein the Kings of England have consulted and advised with their Parliaments, 1. In Marriages. 2. Peace and War. 3. Leagues. And other Weighty Affairs of the Kingdom. By William Petyt of the Inner-Temple, Esq London, Printed by N. Thompson, for T. Basset at the George, and J. Wickins at the White Hart in Fleetstreet. 1680. TO William William's Esq SPEAKER OF THE HONOURABLE HOUSE OF Commons, The AUTHOR Humbly Dedicates these his Miscellanea Parliamentaria. THE CONTENTS. FErrers Case. Pag. 1. §. 1. Some few Precedents against such as have Wrote Books to the Dishonour of the Lords and Commons, and the Subversion of the Government. Pa. 12. §. 2. Some Precedents, wherein the House of Commons have for Misdemeanours turned out and discharged their Members. Pa. 90. §. Some Precedents for punishing Persons that were no Members, for Contempts and Misdemeanours. Pa. 96. §. 4. Some Precedents for punishing Misdemeanours in Elections. Pa. 111. §. Some Miscellaneous Precedents and Orders, both of the House of Lords and Commons, p. 137. An Appendix. Or, A Collection of some few Records and Precedents (out of many other of the like Nature) whereby it appears, That the Kings of England were pleased to consult and advise with their Parliaments, de arduis negotiis Regni, of the weighty and difficult Affairs of the Kingdom. p. 221 THE PREFACE. I Have seen, Apud Foxum vol. 2. col. 3. & 4 saith Stephen Gardiner, (who was Dr. of Laws, Bishop of Winchester, The Bishop of Winchester's Letter to the Duke of Somerset, Protector to E. 6. and after Lord Chancellor of England,) the Council much astonished, when the King would have done somewhat against an Act of Parliament, It was made then a great matter. The Lord Cromwell had once put in the Kings (our late Sovereign Lords) Head, 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. to take upon Him to have His Will and Pleasure regarded for a Law, for that, he said, was to be a very King, and thereupon I was called for at Hampton-Court; and as the Lord Cromwell was very Stout; come on my Lord of Winchester, (quoth he,) for that conceit he had whatsoever he talked with me, he knew ever as much as I▪ Greek, or Latin, and all. Answer the King here, (quoth he) but speak plainly and directly, and shrink not man: Is not that (quoth he,) that pleaseth the King, a Law? Have ye not the Civil-Law therein? (quoth he) Quod principi placuit, and so forth, (quoth he,) I have somewhat forgotten it now: I stood still, and wondered in my Mind, to what Conclusion this should tend; The King saw me musing, and with earnest gentleness said, Answer him whether it be so or no? I would not answer my Lord Cromwell, but delivered my Speech to the King, and told him, I had read indeed of Kings that had their Will always received for a Law; 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: but I told him the Form of his Reign, to make the Laws his Will, was more sure and quiet, and by this Form of Government ye be established (quoth I,) and it is agreeable with the Nature of your People; If ye begin a new manner of Policy, how it will frame no man can tell, and how this frameth ye can tell, and would never advise your Grace to leave a certain for an uncertain. The King turned his Back, and left the matter after; till the Lord Cromwell turned the Cat in the Pan, afore Company, when he was angry with me, and charged me as though I had played his part. This Tale is true, and not without purpose to be remembered. So far the Bishop's Letter. And from it, and other passages in History, I shall raise four Observations. That it was a general Rule and Principle in most great Ministers of State; Observ. 1. or, as the old Word was, Minions to flatter and poison Princes minds with Absolute and Despotical Power; not for the Honour, or good of the Crown, for that can never be; but for their particular Advantages, that Themselves might Reign, and be Sovereigns over their Masters; And indeed, not only of our own Country, but of others: Historians are full of the sad and woeful Effects thereof in most Ages; which makes me frequently revolve the melancholy Contemplation of Cardan; Cardan lib. de utilitate ex adversis capiend● cap. de Principis Incommodis, p. 288. Inter fures scurras adulatores, constitutus est princeps a furibus bona diripiuntur, a scurris mores corrumpuntuh, & ut quisque melior est ex aula abigitur, ab adulatoribus veritas, summum inter mortales bonum, ablegatur, unde miseri principes propter has larvas, in Cimmeriis ignorantiae tenebris perpetuo vivunt. O miseram principum sortem, qui nunquam norunt, quali in statu res suae positae sint, adeo vero aures principum emollitae sunt, ut ad veritatis nomen tanquam ad Nili cataractas obsurdescant. This pessima gens humani generis always abhorred a Parliament; Observ. 2. and the reason thereof is demonstrative, because they well knew they should then be called to an impartial and strict account, and be punished according to their demerit: as de facto it appears, in the Cases of the Lord Cromwell, after Earl of Essex, and the Protector, the Duke of Somerset, (mentioned in the Bishop's Letter,) that they were questioned in Parliament; although possibly the proceedings therein against them were managed with too much Violence and artifice, by the malice and policy of their Enemies. And no man, in all points, can justify the acts of all Counsels, whether Ecclesiastical or Civil. The first was attainted of High-Treason, Rot. Parl. 32. H 8. Act 60. The Attainder of the L. Cromwell in the Parliament, 32. H. 8. amongst other Crimes. 1. For Usurping upon the Kingly Estate, Power, Authority, and Office. 2. For having the Nobles of the Realm in great disdain, derision and detestation. 3. And further also, being a person of poor and low degree, as few were within the Realm pretended to have so great a stroke about the King, that he let it not, to say, publish and declare, That he was sure of the King; A dangerous Boast of any one Minister. which was detestable and to be abhorred amongst all good Subjects in a Christian Realm, that any Subject should enterprise to take upon him so to speak of his Sovereign, Liege, Lord, and King. The second was in the Parliament, Actus Parl. 3 and 4 E. 6. a 3, and 4. E. 6. no. 31. Fined and Ransomed amongst other Offences. An Act touching the Fine and Ransom of the Duke of Somerset. 1. For desiring the Rule, Authority and Government of the King and Realm by himself only, and getting the Protectorship. 2. That by his own Authority he did stay and let Justice, and subverted the Laws as well by Letters, Patents, as by his other Commandments. 3. He rebuked, checked and taunted as well privately as openly, divers of the Privy Counsel, for showing and declaring their advices and opinions against his purpose in weighty Affairs, telling them they were unworthy to sit in Council: 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 King's 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 Misgovernment; 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; A remarkable Instance how Dangerous it is for one single Minister to have a Monopoly of the King. 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 remembered 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, Observ. 3. and what danger they may fall in that break a Law with the King's consent, Apud Foxum, vol. 2 d. Stephen Gardiner Bishop of Winchester, his Letter to the D. of Somerset, Protector to E. 6. I dare say no man alive at this day hath had more experience with the Judges and Lawyers than 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 praemunire; which conclusion I bore 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 Judge's Oath, not to stay any Process or Judgement for any Commandment from the King's Majesty: And one Article against my Lord Cardinal was, Coke 4. Inst so. 89. Ld. Herbert Hist. of H. 8. fo. 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 Transgressor's should be punished, the Judges would answer it might not be by the Laws; whereupon ensued the Act of Proclamation, Rast. Stat. 31. H. 8. cap. 8. 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 Chancellor were by one Body brought in a praemunire, (which my Lord Privy-Seal cannot forget) I reasoned with the Lord Audley, than Chancellor, so far, as he bade me hold my peace, for fear of entering into a praemunire myself; 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 reasoned the matter once in the Parliament-House, where was free Speech without danger, and there the Lord Audley, to satisfy 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 Laymen 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 remembered the good and wholesome Advice the Bishop gave him: Observ. 4. 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, Rastal's 3, and 4. E. 6. cap 5 For the punishment of unlawful Assemblies, and raising of the King's Subjects: And one of the main points in the indictment, was that Felonice he designed to take and imprison John Earl of Warwick, being one of the Privy-Council; Coke 3. Inst. fo. 12. 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 Fifteen and Tenths, granted to the King's Majesty, by the Temporality. WE the King's Highness' most Faithful and Obedient Subjects, Rastals Stat. 7. Ed. 6. cap. 12. the Lords and Commons in this present Parliament assembled; Considering, and certainly perceiving, by divers means, the earnest goodwill 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 Majesty's great Care, and politic Means used for the recovery thereof, easily perceive how hard it shall be for His Highness to continue and keep us therein, during the time of this troublesome 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 seen, 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 woeful 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 Councillors, 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' 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' 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 majesty's Treasures and Revenues of His Crown, and of Us His Highness' Subjects, but also endangered His majesty'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 priests and Memory thereof remaineth not wholly yet filled up. First, the King's Majesty's Treasure of all sorts wasted, the great substance of the Moneys melted, and altered in base Coin, for the serving of the Charge of these Wars, the Laws and ancient Policies of this noble Realm dissolved and unjoined, 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 base 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 Freedom of His Princely Estate, and consequently to an Honourable Peace with his Enemies. Yet could not, hitherto, the great Breach and Ruin of the King's majesty's Estate, touching his Treasure, be repaired or reinforced; 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 Councillors, hath notably supplied, and amended the defaults. And as these former Errors brought His Majesty into utter wastes of His own Treasure and Riches into the Expenses of Our Subsidies, granted for the same Wars, though nothing answerable to the Expense 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 King's Majesty for the only Profit of His public Weal, in the reducing of part of His Coin 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 chargeable; and the rest of which Coin we trust He will shortly reduce to like fineness. All which things We His Majesty's Faithful, and natural Loving Subjects, weighing with Ourselves, 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 King's 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 intolerable 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 Majesty's noble Progenitors, have always done in such Cases heretofore. Yet for the preservation of Ourselves 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 suffered violation and ruin, by exile of Justice in the former time of the aforesaid evil Governance. For the comforting and encouraging of 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, etc. 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 Baron's Wars, the Confusions in E. 2 d's time, the woeful 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 Commonwealth; who, notwithstanding their spetious glosses and pretences of Loyalty to the Crown, rather than suffer themselves to be questioned and punished by Law for their Arbitrary and Illegal Acts, Resolved to run the hazard of; and see the ruin and destruction both of Prince and People. My Lord Bacon, 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. 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. My Lord Bacon's Memento. 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. Message sent to the Commons by Mr. Serjeant Crew, Ex Journali Domus Procerum, Annis 21, and 22. Jacobi Regis. and Mr. Attorney General, viz. That the Lords are now ready to give Judgement 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 Ʋsher and the Sergeant at Arms, his Lordship made low obeisance, and kneeled, until the Lord Keeper willed him to stand up. The Commons with their Speaker came and the Sergeant 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 Lordship's 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 Judgement 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 Employment in the State, and Commonwealth. 2. And that he shall be Imprisoned in the Tower of London during the King's 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, 14 Maii 16 24 That the King's Council 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 Accounts to the King hereafter, and to Restitution to such whom he had wronged, This Bill after passed unto a Law. 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 Subtle,) ever confronted or justled with the Law of England, but the same Law in the end infallibly broke his Neck. THE CASE OF George Ferrer, Esq IN the Lent Season, Cromptons' Jurisdiction of Courts, p. 7, 8, 9, 10, 11. 34 H. 8. An. Dom. 1542. Breach of Privilege. whilst the Parliament yet continued, one George Ferrer Gent. Servant to the King, being elect a Burgess for the Town of Plymouth, in the County of Devon, in going to the Parliament-house was Arrested in London by a Process out of the Kings-Bench, Ferrer arrested going to the Parl. house. 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 Sergeant of the Parliament, The Sergeant of the Parliament sent to the Compter for him. called S. J. should forthwith repair to the Compter in Breadstreet, whither the said Ferrer was carried, and there to demand delivery of the Prisoner. And demands the Prisoner. The Sergeant, 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, But the Officers deny him. as after many stout words, they forcibly resisted the said Sergeant, And assault the Sergeant. whereof ensued a Fray within the Compter-gates, between the said Ferrer and the said Officers, not without hurt of either part; so that the Sergeant was driven to defend himself with his Mace of Arms, Breaks the Crown of the Mace, & strikes down his Man. and had the Crown thereof broken by bearing off a stroke, and his Man strucken down. During this Brawl the Sheriffs of London, Complains of it to the Sheriffs, and demands the Prisoner. called Rowland Hill and H. Suckley, came thither, to whom the Sergeant complained of this injury, and required of them the delivery of the said Burgess as afore: but they bearing with their Officers, Who contemptuously reject the same. made little account either of his Complaint, or of his Message, rejecting the same contemptuously, with much proud language: So as the Sergeant was forced to return without the Prisoner, The Sergeant returns and acquaints the House. 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, Who highly resent it. that They all together (of whom there was not a few as well of the King's Privy-Councel, as also of his Privy-Chamber) would sit no longer without their Burgess, but rose up wholly, and repaired to the Upper House, where the whole case was declared by the mouth of the Speaker, 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, etc. went down to the House of Commons to give them particular accounts. 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 Sergeant should eftsoon repair to the Sheriffs of London, and require delivery of the said Burgess, without any Writ or Warrant had for the same, but only as afore. The Ld. Chancellor in Parliament offers the Commons a Writ to deliver their Burgess, but they refuse it, as being clear of opinion, that all their Commandments & Acts were to be done and executed by their Sergeant, without Writ. Albeit the Lord Chancellor offered there to grant a Writ, which they of the Common House refused, being in a clear opinion that all Commandments and other Acts proceeding from the Nether House, were to be done and executed by their Sergeant, without Writ, only by show of his Mace, which was his warrant. But before the Sergeants return into London, the Sheriffs having intelligence how heinously the matter was taken, became somewhat more mild; so as upon the said second demand, they delivered the Prisoner without any denial. But the Sergeant having then further in commandment from those of the Nether House, charged the said Sheriffs to appear personally on the morrow by eight of the Clock, The Sheriffs ordered to appear, and bring with them the Clerks of the Compter. before the Speaker in the Nether House, and to bring thither the Clerks of the Compter, and such other of their Officers as were parties to the said affray; and in like manner to take into his custody the said White, which wittingly procured the said Arrest, in contempt of the Privilege of the Parliament. Which Commandment being done by the said Sergeant accordingly, And accordingly they did. on the morrow the two Sheriffs, with one of the Clerks of the Compter, (which was the chief occasion of the said affray) together with the said White, appeared in the Common House, where the Speaker charging them with their Contempt and misdemeanour aforesaid, Who are charged by the Speaker. they were compelled to make immediate Answer, Being not admitted to any Council. without being admitted to any Council: albeit Sir Ro. Cholmley, than Recorder of London, and other the Council of the City there present, offered to speak in the Cause, which were all put to silence, and none suffered to speak but the parties themselves. Whereupon in conclusion the said Sheriffs, The Sheriffs committed to the Tower. and the same White, were committed to the Tower of London, and the said Clerk (which was the occasion of the Fray) to a place there called Little Ease, The Clerk to Little Ease, and the Sergeants to Newgate. and the Officer of London which did the Arrest, called Tailor, with four Officers, to Newgate, where they remained from the 28. until the 31. of March, All at last delivered upon the humble suit of the Mayor, and other their Friends. and then they were delivered, not without humble suit made by the Mayor of London, and other their Friends. And forasmuch as the said Ferrer being in Execution upon a Condemnation of Debt, and set at large by Privilege of Parliament, was not by Law to be brought again into Execution, and so the party without remedy for his Debt, as well against him, as his principal debtor; after long debate of the same, by the space of nine or ten days together, at last they resolved upon an Act of Parliament to be made, and to revive the Execution of the said Debt against the said Welden, which was principal debtor, and to discharge the said Ferrer. But before this came to pass, the Common House was divided upon the Question, but in the conclusion the Act passed for the said Ferrer, who won by 14. Voices. The King takes notice of the proceedings. The King then being advertized of all this proceeding, called immediately before him the Lord Chancellor of England, and his Judges, with the Speaker of the Parliament, and other the gravest persons of the Nether House, to whom he declared his opinion to this effect: First commending their wisdom in maintaining the Privileges of their House, The King in the presence of the Chancellor & Judges, with whom he had consulted before of this matter, commends and approves the proceedings of the Commons. (which he would not have to be infringed in any point) alleged that he being Head of the Parliament, and attending in his own person upon the Business thereof, aught in reason to have Privilege for Him and all his Servants, attending there upon Him; so that if the said Ferrer had been no Burgess, but only his Servant, that in respect thereof he was to have the Privilege as well as any other: Here the King from the mouth of the Lord Chancellor, declares the ancient privilege of the Commons, even for their menial Servants, and gives an instance in the Cook of the Temple. For I understand (quoth he) that you not only for your own persons, but also for your necessary Servants, even to your Cooks and Horse-keepers, enjoy the said Privilege: in as much as my Lord Chancellor here present hath informed us, that he being Speaker of the Parliament, the Cook of the Temple was Arrested in London, and in Execution upon a Statute of the Staple: And forasmuch as the said Cook, during the Parliament, served the Speaker in that Office, he was taken out of Execution by the Privilege of the Parliament. And further, we be informed by our Judges, that we at no time stand so highly in our Estate Royal, as in the time of Parliament; The King Head, and the Lords and Commons Members of the High Court of Parliament, in which he stands highest in his Royal Estate. wherein We as Head, and You as Members, are conjoined and knittogether into one Body politic: so as whatsoever offence or injury (during that time) is offered to the meanest Members of the House, it is to be judged as done against Our Person, The Court of Parliament. and the whole Court of Parliament: which Prerogative of the Court is so great (as our learned Council informeth us) as all Acts and Processes coming out of any other Inferior Courts, Nota, All Acts and Processes coming out of any inferior Court, must cease and give place to the Highest. must for the time cease and give place to the Highest. And touching the party, it was a great presumption in him, knowing our Servant to be one of this House, and being warned thereof before, would nevertheless prosecute this matter out of time, and therefore was well worthy to have lost his Debt, which I would not wish, and therefore do commend your Equity, that having lost the same by Law, have restored him to the same against him who was his Debtor: and this may be a good example to others, not to attempt any thing against the Privilege of this Court, but to take the time better. Whereupon Sir Edward Montague, than Lord Ch. Justice, Sir Edward Montague Chief Justice of England, who we cannot believe to be misconusant of the ancient proceedings in Parliament, and of the Privilege of the House of Commons, together with the rest of the Judges, by Reasons which wanted not Authorities, confirmed what the King had said. very gravely declared his opinion, confirming by divers reasons all the King had said, which was assented unto by all the residue, none speaking to the contrary. The Act indeed passed not the Higher House, for the Lords had not time to consider of it, by reason of the Dissolution of the Parliament. Because this Case hath been diversely reported, as is commonly alleged, as a Precedent for the Privilege of the Parliament, I have endeavoured myself to learn the truth thereof, and to set it forth with the whole circumstances at large, according to their instructions who ought best both to know and remember it. 4. Ed. VI Eight years after the Case of Ferrer, Journal Dom. Com. 4. Ed. VI Withrington having made an Assault upon Brandling, Burgess for Newcastle; the Parl. being near an end, the Com. sent Withring: to the Council. Die Jou. 7. Apr. an. praedict. The Bill for Mr. Brandling's Complaint, sent from the Lords of the Privy Council again, to be ordered by this House according to the Ancient Custom of this House: Whereupon the Bill was read in the presence of Henry Witherington, who was sent to the Lords from this place; who confessed that he began the Fray upon Mr. Brandling: whereupon the said Henry is committed to the Tower of London. Some few Precedents against such as have wrote Books to the dishonour of the Lords and Commons, and Subversion of the Government. The Case of Arthur Hall Esq UPon sundry Motions made by divers of this House; Journ. Dom. Com. 14 Eliz. 17 Maii, Anno Dom. 1571. Misdemeanours of a Member of the House of Commons, for sundry lewd speeches as well in the House, as abroad. It was Ordered that Arthur Hall Esq for sundry Lewd Speeches, used as well in this House, as also abroad elsewhere, shall have warning by the Sergeant to be here upon Monday next; and at the Bar to answer such things as He shall then and there be charged with. And it was further Ordered, Ordered that those who heard them, to put them in writing, and deliver them to the Speaker. that all such Persons as have noted his words, either in this House, or abroad, do forthwith assemble in the Chamber above, and put the words in writing; and afterwards deliver them to Mr. Speaker, to the end he may charge the said Hall upon Monday next. This day Arthur Hall Esq Mond. 19 Febr, Mr. Hall appears, and is cleared. being brought by the Sergeant to the Bar, and charged by the House with Seven several Articles, humbly submitted himself to the House, and humbly confessed his folly, Humbly confesseth his folly. as well touching the said Articles; as also his other fond and unadvised Speech at the Bar: And was upon the Question remitted, And is remitted by the House. with a good Exhortation given him by Mr. Speaker at large. The Case of Smalley, Servant to Mr. Arthur Hall, Burgess for Grantham. And the Case of Kirtleton, Hall's Schoolmaster. MR. Lieutenant of the Tower, Journal. Dom. Comm. Anno 18. Eliz. 16. Feb. A. D 1575. Breach of Privilege, Confederacy, and Contempt. Sir Nicholas Arnold, and Mr. Serjeant Lovelace, were appointed to examine the Matter touching the Arrest of Mr. Hall's Servant, before Mr. Speaker, at his Chamber this Afternoon. Upon the Question, Friday 18. Feb. and also upon the division of the House it was Ordered, that Edward Smalley Yeoman, Servant unto Arthur Hall Esq one of the Burgesses for Grantham, shall have Privilege. Monday 27. Feb. After sundry Reasons and Arguments, Smalley to be brought to the House by the Mace, and not by Writ. it was Resolved, that Edward Smalley, Servant unto Arthur Hall Esq shall be brought hither by the Sergeant, and set at liberty by the Warrant of the Mace, and not by Writ. Edward Smalley, Tuesday 28. Feb. Servant unto Arthur Hall Esq being this day brought to the Bar in this House by the Sergeant of the House, and accompanied with two Sergeants of London, Smalley brought to the Bar, was presently delivered out of Execution. was presently delivered of his Imprisonment and Execution, according to the former Judgement of this House, and the said Sergeants of London discharged of their said Prisoner; and immediately after that the said Sergeants of London were sequestered out of this House, and the said Edward Smalley was committed to the Charge of the Sergeant of this House; and thereupon the said Edward Smalley was sequestered, till this House should be resolved upon some former Motions, whether the said Edward Smalley did procure himself to be arrested upon the said Execution, in the abusing and contempt of this House, or not. 1. Upon the Question it was Ordered, Wednesday 7. March post Meridiem. that Mr. Hall be sequestered the House, Mr. Hall, Smalley's Master, withdraws. while the Matter touching the supposed Contempt done to this House be argued and debated. Edward Smalley upon the Question was adjudged guilty of the Contempt, Smalley adjudged guilty of a Contempt against the House, for fraudulently procuring himself to be arrested. and abusing of this House by fraudulent practice, of procuring himself to be arrested upon the Execution, of his own assent and intention, to be discharged as well of his Imprisonment, as of the said Execution. Matthew Kirtleton, Kirtleton in confederacy with him. Schoolmaster to Mr. Hall, was likewise upon another Question adjudged guilty by this House of like Contempt, and abusing of this House, in confederacy and practice with the said Smalley in the intentions aforesaid. 2. Upon another Question it was adjudged by the House, Smalley to be committed to the Tower for his Misdemeanour and Contempt. that the said Smalley be for his Misdemeanour and Contempt committed to the Prison of the Tower. 3. Upon the like Question it was also adjudged by this House, The like Judgement for Kirtleton. that the said Kirtleton Schoolmaster, be also for his lewd Demeanour and Contempt in abusing of this House, committed to the Prison of the Tower. 4. Upon another Question also it was Resolved, Both to be brought into the House, to receive their Judgements. that the Sergeant of this House be commanded to bring the said Edward Smalley, and the said Matthew Kirtleton, Schoolmaster to Mr. Hall, into this House, to morrow next in the forenoon, to hear and receive their said Judgements accordingly. 5. And further, Mr. Hall's privity in the Matter to be referred to a further Debate. that the Matter wherein the said Arthur Hall is supposed to be touched, either in the privity of the said Matter of Arrest, or in the abusing of the Committees of this House, shall be deferred to be further dealt in till to morrow. The Bill against Arthur Hall Esq Saturday 10, March. Edward Smalley, and Matthew Kirtleton his Servant, was read the first time. Edward Smalley, Servant unto Arthur Hall Esq appearing in this House this day at the Bar, it was pronounced unto him by Mr. Speaker, and in the Name, and by the Appointment and Order of this House, for execution of the former Judgement of this House awarded against him, The Speaker pronounced Judgement upon Smalley. That he the said Edward Smalley shall be forthwith committed Prisoner from this House to the Tower of London, and there remain for one whole month next ensuing from this present day; and further, after the same month expired, until such time as good and sufficient assurance shall be had and made, for payment of one hundred pounds of good and lawful money of England, to be made unto William Hewet, Administrator of the Goods, Chattels and Debts of Melchisedeck Mallory Gent. deceased, upon the first day of the next Term, according to the former Order in that behalf by this House made and set down, and also 40 s. for the Serjeant's Fees; the notice of which assurance for the true payment of the said one hundred pounds in form aforesaid, to be certified unto Mr. Lieutenant of the Tower, by Mr. Recorder of London, before any delivery or setting at liberty of the said Edward Smalley, to be in any wise had or made at any time after the expiration of the said month as is aforesaid, and that he shall not be delivered out of Prison before such notice certified, whether the same be before the said first day of the next Term, or after. The 2d. Case of Arthur Hall Esq a Member of Parliament. UPon a Motion made unto this House by Mr. Norton, Saturd. 4. Feb. An. 23. Eliz. Journ. Dom. Com. in which he declared that some person of late had caused a Book to be set forth in print, Mr. Hall's Charge for writing a Book derogatory to the Authority, Power and State of the Commons House of Parliament. not only greatly reproachful against some particular good Members of this House of great credit, but also very much slanderous and derogatory to the general authority, power and state of this House, and prejudicial to the validity of the proceedings of the same, in making and establishing of Laws, charging this House with drunkenness, as accompanied in their Counsels with Bacchus; and then also with Choler, as those which had never sailed to Anticyra, and the proceedings of this House to be Opera tenebrarum. And further, that by the circumstance of the residue of the discourse of the said Book, he conjectured the same to be done and procured by Mr. Arthur Hall, one of this House, and so prayed that thereupon the said Mr. Hall might be called by this House to Answer, and the matter further to be duly examined, as the weight thereof in due consideration of the gravity and wisdom of this House, and of the authority, state and liberty of the same, Mr. Hall ordered to be sent for by the Sergeant at Arms requireth. It is Resolved, That the said Mr. Hall be forthwith sent for by the Sergeant at Arms attending upon this House, to make his appearance here in that behalf accordingly. And then immediately Mr. Secretary Wilson did thereupon signify unto this House, that the said Mr. Hall had upon his Examination therein before the Lords of the Council, heretofore confessed in the hearing of the said Mr. Secretary, that he did cause the said Book to be printed indeed. Upon relation whereof, and after some speech then also uttered unto this House by Mr. Chancellor of the Exchequer, of the dangerous and lewd Contents of the said Book, the Sergeant was forthwith by Order sent to apprehend the said Arthur Hall, and was presently assisted for that purpose with Sir Thomas Scot and Sir Thomas Brown, Two Knights, Members of the House, to assist the Sergeant. by the appointment of this House. A Commission was then also given by this whole House, A Commission to a Committee to send for the Printer, and to examine the Matter. unto Mr. Vice-chamberlain, Mr. Chancellor of the Exchequer, Mr. Secretary Wilson, Mr. Treasurer of the Chamber, Sir Henry Lee, Sir Thomas Cecil, Sir William Fitz-williams, and Sir Henry Gate, to send for the Printer of the said Book, and to examine him touching the said matter, and afterwards to make Report thereof to this House accordingly. To report to the House, and to take order for Hall's Apprehension. And also to take order and advise further for the sending for, and apprehending of the said Arthur Hall, if it should so fall out that he did withdraw himself, or depart out of Town, before such time as the said Sergeant could find him: with this further Resolution also, And if any Member should see him, to stay him, and bring him to the House. That any such Member of this House as should happen first to see him, or meet him, might, and should in the name of the whole House stay him, and bring him forth to answer the said matter forthwith before the whole House, with all possible speed. Mr. Secretary Wilson declaring the travel of the Committees in examining of the Printer that did print Mr. Hall's Book, Monday 6 Feb. Mr. Secretary Wilson reports the Examination of Hall's Case from the Committee. signified unto this House, that the said Printer (whose name is Henry Bynnyman) upon his Examination before the Committees said, that one John Wells a Scrivener in Fleetstreet, did deliver a Copy to him; and when the Book was printed, he delivered one Book to Henry Shirland in Friday-street, Linen-draper, to be sent to Mr. Hall; and that afterwards about a year past, he delivered to Mr. Hall six of the said Books, and one more to Mr. Hall's man shortly after; and said, that Mr. Hall promised to get him a privilege, whereupon he adventured (he saith) to print the Book: and saith, that the Copy was written by Wells the Scrivener, and that he received of the said Shirland Linen-cloth to the value of 6 l. 13 s. 4 d. for printing the said Book, and that he stayed of his own accord the publishing of the said Books, till he was paid: whereas Mr. Hall was contented they should have been put to sale prefently. Which Report so made by Mr. Treasurer, and withal that Mr. Hall and the Printer were both then at the door, the said Mr. Hall Hall appears, and was called to the Bar, where he was charged by the Speaker with his Offence. was thereupon brought to the Bar, and being charged by Mr. Speaker in the behalf of the whole House, with the setting forth of the said Book, containing very lewd and slanderous reproach not only against some particular Members of this House, but also against the general Estate and Authority of this whole House. Hall denied not the setting forth of the said Book, protesting the same to be done by him without any malicious intent or meaning, either against the state of this House, or against any Member of the same; praying this whole House (if he had offended in so doing) they would remit and pardon him; affirming withal very earnestly, that he never had any more than one of the said Books; and upon due consideration had of his own rashness and folly therein, willed that all the said Books should be suppressed. Then was Mr. Hall sequestered. Henry Bynnyman the Printer was brought to the Bar, The Printer brought to the Bar. who affirmed in all things as Mr. Secretary Wilson before reported, and further that he had 80 or 100 of the said Books; and was thereupon sequestered. Henry Shirland was brought to the Bar, And Shirland, who was examined. who there confessed, that Mr. Hall did write a Letter unto him, and sent the said Book unto him, willing him to get it printed; and thereupon he delivered the said Book to Bynnyman, to have it printed, Wells the Scrivener then being present with him; and said further, that Mr. Hall had paid him again the 20 Nobles which he before had paid the Printer; and so he was then sequestered. And the said Wells brought to 〈◊〉 ●ar upon his Examination, And Wells, who was also examined. 〈◊〉, that when he was Apprentice with one Mr. Dalton a Scrivener in Heerstreet, the said Mr. Hall then lying about Paul's Wharfe, sent unto his said Master to send one of his men unto him, and that thereupon his said Master sent him unto the said Mr. Hall, who when he came, delivered unto him a Book in written-hand, willing him to carry it home with him, and copy it out, and said, that when he had showed it to his Master, his Master commanded him to write part of it, and his fellows some other part of it, and his said Master (as he remembreth) did write the rest of it, but what his said Master had for the writing of it, he knoweth not. And being further examined, saith, that yesterday last passed he delivered one of the said Books to Sir Randal Brierton, from the said Mr. Hall. And then the said John Wells was sequestered. And afterwards all the Privy-Councel being of this House, A Committee appointed to examine further the whole Matter. Mr. Knight-Marshal, Mr. Recorder of London, Mr. Sergeant Flowerdew, Mr. Serjeant St. Leaguer, Mr. Crumwell, Mr. Atkins, the Master of the Jewelhouse, Sir Thomas Scot, Sir Thomas Brown, Mr. Nathaniel Bacon, Mr. Beale, Mr. Norton, and Mr. Alford, were added to the former Committees for the further proceeding to Examination of the matter touching Mr. Hall, the Printer, the Scrivener, and all other persons, parties or privy to the publishing of the said Book, set forth in print by the means and procurement of the said Mr. Hall, and to meet upon Wednesday next at two of the Clock in the afternoon, in the Exchequer Chamber. Which done, M. Hall brought to the Bar again, and committed to the Sergeant to attend the Committee. Mr. Hall being brought to the Bar again, Mr. Speaker declareth unto him, that this House mindeth further to examine the particularities of the matter, wherewith they have charged him, and do therefore order him to the Sergeants ward, with this liberty, That upon Wednesday next in the afternoon, being accompanied with the Sergeant, he may attend at the Exchequer Chamber upon the Committees in the Cause: And was thereupon had out of the House. Henry Bynnyman Bynnyman, Wells, and Shirland, ordered likewise to attend the Committee. the Printer, John Wells the Scrivener, and Henry Shirland Linen-draper, being brought all three to the Bar, were by Mr. Speaker enjoined in the name of the whole House, to give their attendance upon the said Committees at the time and place aforesaid, and also at all times in the mean season thereof, if they shall happen to be called by them, or any of them: And so were had out of the House. And further it is Ordered by this House, Dalton also ordered to attend That Mr. Speaker do send the Sergeant for John Dalton, late Master of the said John Wells, and to charge him also to attend upon the said Committees, at the said time and place in like manner. Mr. Vice-Chamberlain for himself and the residue of the Committees, Tuesd. 14 Feb. Another Report from the Committee against Hall, of new Contempts and Crimes added to his former. appointed to examine Mr. Hall, the Printer, the Scrivener, and all other persons privy to the setting forth and publishing of the Book, declared, that they had charged the said Mr. Hall with Contempt against this House the last Session, in that being enjoined by this House to appear, he departed out of Town, in contempt of the Court, and afterwards testified the same his wilful Contempt, by an unseemly Letter addressed by him to this House, and charged him further with divers Articles of great importance, selected by the said Committees out of the said Book: As first, with publishing the Conferences of this House abroad in Print, and that in a Libel, with a counterfeit Name of the Author, and no Name of the Printer, and containing matter of Infamy of sundry good particular Members of the House, and of the whole State of the House in general, and also of the Power and Authority of this House; Mr. Hall chargeth the House with Injustice. affirming, that he knew of his own knowledge, that this House had de facto judged and proceeded untruly. And was further charged, That he had injuriously impeached the memory of the late Speaker deceased; that he had impugned the Authority of this House, in appointing Committees without his assent; and that in defacing the Credit of the Body and Members of this House, Nota. he practised to deface the Authorities of the Laws and Proceedings in the Parliament, and so to impair the ancient Order, touching the government of the Realm, and Rights of this House, and the form of making Laws, whereby the Subjects of the Realm are governed. And further was charged, That since his being before the Lords of the Council for his said offence, and after that he had received rebuke of them for the same, and had offered some form of a submission, he had eftsoon again published the said Book; and that upon his Examination in the House, he had denied the having any more than one of the said Books, it was yet proved he had twelve or thirteen, and six of them he had given away, since the time he was called before the said Lords of the Council. Unto all which things, as the said Mr. Hall could make no reasonable answer or denial, so Mr. Vice-chamberlain very excellently setting forth the natures and qualities of the said offences, in their several degrees, moved in the end that Mr. Hall being without at the door, might be called in to Answer unto those points before the whole House, and so thereupon to proceed to some end; and therewithal persuading a due consideration of spending the time as much as might be in matters of greatest moment, wherein much less has been done this Session, then in any other these many years in like quantity of time: And thereupon after divers other motions and speeches had in the said matter, The Printer brought to the Bar again, and reexamined. the Printer was brought to the Bar, and being examined, avowed that Mr. Hall after that he had been before the Lords of the Council, came to him and told him, that he had answered the matter for the Books before the Council, and that therefore the Printer might deliver the said Books abroad. And also whereas the said Printer wished unto the said Mr. Hall, since his last committing, that all the said Books had been burned before he meddled with them; Mr. Hall should say to him again, He would not for 100 l. And then being sequestered. Mr. Hall Mr. Hall at the Bar, and recharged by Mr. Speaker. was brought to the Bar, where after some reverence done by him, though not yet in such humble and lowly wise as the state of one in that place to be charged and accused, requireth; whereof being admonished by Mr. Speaker, and further by him charged with sundry of the said parts collected out of the said Book, Submits, refuseth to answer, acknowledgeth his Error, prays pardon, and is sequestered. he submitted himself to the House, refusing to make any answer or defence at all in the matter, but acknowledging his Error, prayed pardon of the whole House with all his heart; and that done, was sequestered. After which, upon sundry Motions Sundry motions for a proportionable punishment. and Arguments had touching the quality and nature of his fault, and of some proportionable forms of punishment for the same, as Imprisonment, Fine, banishment from the fellowship of this House, and an utter Condemnation and Retractation of the said Book, it was upon the Question, Resolved Resolved, nemine contradicente Hall to be committed to Prison. by the whole House without any one Negative voice: 1. That he should be committed to Prison. 2. And upon another Question likewise Resolved, That he should be committed to the Prison of the Tower, And that Prison to be the Tower as the Prison proper to this House. 3. And upon another Question, it was in like manner Resolved, That he should remain in the said Prison of the Tower by the space of 6. months. There to remain for six months. 4. And so much longer as until himself should willingly make a Retractation of the said Book, And from thence, till he made a retractation of his Book. to the satisfaction of this House, or of such order as this House shall take for the same, during the continuance of this present Parliament. 5. And upon another Question is was also in like manner Resolved, To be fined to the Queen. That a Fine should be assessed by this House to the Queen's Majesty's use, upon the said Mr. Hall for his said offence. 6. And that Fine to be 500 Marks. And upon another Question also it was Resolved in like manner, That the said Fine should be 500 Marks. 7. To be severed and cut off from being a Member of the House. And upon another Question also it was likewise Resolved, That the said Mr. Hall should presently be severed and cut off from being a Member of this House any more, during the continuance of this present Parliament. And the Speaker to issue a Warrant for a new Writ. And that Mr. Speaker, by authority of this House, should direct a Warrant from this House to the Clerk of the Crown-Office in the Chancery, for the awarding of the Queen's Majesties Writ to the Sheriff of the said County of Lincoln, for a new Burgess to be returned into this present Parliament for the said Burrow of Grantham, in the lieu and stead of the said Arthur Hall, so as before disabled any longer to be a Member of this House. 8. His Book and slanderous Libel to be adjudged utterly false and erroneous. And upon another Question it was also in like manner Resolved, That the said Book and scandalous Libel should, and shall be holden, deemed, taken and adjudged to be utterly false and erroneous. And that the same shall be publicly testified, And that to be publicly testified and affirmed by Order of the House. affirmed and set forth to be false, seditious and erroneous, in such sort, order and degree as by this House shall be, during this Session of Parliament, further determined in that behalf, Which done, the said Mr. Hall was brought in again to the Bar, Hall brought to the Bar to receive his Judgement, which Mr. Speaker delivered accordingly. unto whom Mr. Speaker in the name of the whole House, pronounced the said Judgement in form aforesaid, and so the Sergeant was commanded to take charge of him, and convey him to the said Prison of the Tower, and to deliver him to Mr. Lieutenant of the Tower, by Warrant from this House to be directed and signed by Mr. Speaker for that purpose. Which done, and the said Mr. Hall had away by the Sergeant, it was agreed (upon a motion made by the Speaker) that the whole course and form of the said proceedings and Judgement of this House against the said Mr. Hall, should be afterwards orderly digested and set down in due form, to be first read in this House, and then so entered by the Clerk as the residue of the Orders and proceedings of this House, in other Cases, are used to be done. And so it was afterwards drawn into form, read unto the House, and entered by the Clerk accordingly, in haec verba: (viz.) Whereas it was informed unto this House, The Proceedings against Hall drawn up, read and agreed to by the House. upon Saturday being the fourth day of this present February, That Arthur Hall of Grantham in the County of Lincoln Esquire, had sithence the last Session of this Parliament, set forth in print and published a Book, dedicated unto Sir Henry Knyvet Knight, a good Member of this House, without his privity, liking or allowance, in part tending greatly to the slander and reproach not only of Sir Robert Bell Knight, deceased, late Speaker of this Parliament, and of sundry particular Members of this House, but also of the proceeding of this House in the same last Session of Parliament, in a Cause that concerned the said Arthur Hall, and one Smalley his man; and that there was also contained a long discourse tending to the diminishment of the ancient Authority of this House; and that thereupon by Order of this House, the said Arthur Hall was sent for by the Sergeant of this House, to appear on Monday following, which he did accordingly: whereupon being called to the Bar, and charged by the Speaker with the Information given against him, he confessed the making and setting forth thereof: whereupon the said Arthur Hall being sequestered, the House did presently appoint divers Committees to take a more particular Examination of the said Cause, and of all such as had been doers therein; which Examination being finished by the said Committees, they informed this House that they had charged the said Arthur Hall with Contempt against this House the said last Session, in that being enjoined by this House to appear there at a time by this House prefixed, departed out of the Town in contempt of the Court, and afterwards testified and asserted the same his wilful contempt, by an unseemly Letter addressed by him to this House; and charged him also with publishing the Conferences of this House, abroad out of the House, and that also in print, in manner of a Libel, with a counterfeit name of the Author, and without any name of the Printer: in which Book or Libel was contained matter of reproach and infamy to sundry good Members of this House in particular, and of the whole state of the House in general, reproaching and embasing what in him lay, the Power and Authority of this House; and untruly reporting the Orders of this House, affirming amongst other great reproaches, that he knew of his own knowledge that this House had judged and proceeded untruly; and further charged him, that he had therein also injuriously impeached the memory of the late Speaker deceased, affirming that the Orders of this House were not by him truly delivered or set down, but altered and changed. And not herewith satisfied, Rot. Pat. 48 H. 3. m. 6. dorso. Forma pacis inter Regem & Barones. The Articles of Peace à Domino Rege & Domino Edwardo, Praelatis & Proceribus omnibus, & Communitate tota regni Angliae communiter & concorditer approbat. were sealed by the Bishops of Lincoln and Ely, Earl of Norfolk Earl of Oxon. Humphrey Bohun, William de Monte Canisio, & Major. London. in Parliamento London. mense Junii, Anno Dom. 1264. de consensu, voluntate & praecepto Domini Regis, necnon Praelatorum, Baronum, ac etiam Communitatis tunc ibidem praesentium. And not only so, but that Record tells us, Quod quaedam ordinatio facta in Parliamento London. habito circa festum Nativitatis Sancti Johannis Baptistae prox' praeteritum, pro pace Regni conservanda. hath in some part thereof contained a false and slanderous discourse against the Antiquity and Authority of the Commons House, or Third Estate of the Parliament; wherein he hath falsely sought, as much as in him is, to impugn, deface, blemish and diminish the Power, Antiquity and Authority of this House, and the Interest that it hath always, and in all ages had, to the great impeachment of the ancient order and government of this Realm, the rights of this House, and the form of making Laws. And that since his being before the Lords of the Council for his said offence, Pultons' Stat. 24 H. 8. c. 12. It is unanimously declared, adjudged and confirmed, That the King, his noble Progenitors, and the Nobility and Commons of the said Realm, at divers and sundry Parliaments as well in the time of King E. 1. R. 2. H. 4. and other noble Kings of this Realm, made sundry Ordinances, Laws, Statutes and Provisions for the entire and sure conservation of the Prerogative, Liberties and Preeminences of the said Imperial Crown of this Realm, and of the Jurisdiction Spiritual and Temporal of the same, to keep it from the annoyance as well from the See of Rome, as from the Authority of other Foreign Potentates, attempting the diminution and violation thereof, as often and from time to time as any such annoyance and attempt might be known or espied. and after he had received rebuke of them for the same, and had offered some form of submission in that behalf, he had eftsoons again published the said Book; and that upon his Examination in this House, he had denied the having of any more than one of the said Books, yet it was proved he had 12. or 13. of them, and 6. of them since the time he was called before the Lords of the Council: and that he had by his Letters given order to have— of those Books printed, which was done accordingly; and that he had caused one of the said Books, sithence this Session of Parliament, to be sent to Sir Randal Brewerton Kt. Unto all which, Ex vetusto MS. Staeturorum penes Johan' Peachy de Interior' Templo Armig. King Edw. 2. and the whole Parliament, in the 15. year of his Reign, when the Ordinances which had been made before that time, by certain Prelates, Earls and Barons, by the consent of that King, & la Comunante de la terre, were repealed, because in many things they restrained▪ the Power Royal too much; yet in the Act of Repeal there is a salvo semper jure Regni sive Parliamenti, for they unanimously agree and provide, Mes les choses que sont establer pur le state nostre Seigneur le Roy & says heirs, & pur le state du royalme & 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 royalme, 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. as the said Arthur Hall could make no denial, or sufficient Answer, so the said Committees setting forth the nature and qualities of the said Offences in their several degrees, moved in the end that the said Arthur Hall might be called into the House, to answer unto those Points before the whole House, and so thereupon to proceed to some speedy end, persuading therewithal a due consideration to be had of spending the time as much as might be, in such Matters of the Realm, for which this Parliament was chiefly called. Whereupon after divers other Motions and Speeches had in the said Matter, 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 erterprises, 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. the said Printer was brought to the Bar, and being examined, avowed, that Arthur Hall after he had been before the Lords of the Council, came to him, and told him, that he had answered the Matter for the said Books before the Council; and that therefore the said Printer might deliver the said Books abroad; affirming also, that whereas the said Henry Bynnyman the Printer, sithence this Session of Parliament, Rot Parl. 21 R. 2. n. 27. Pur le Pape s'accorderent touts les Prelates, Signior & Communes en le Parliament. 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 than the said Urban, shall be out of the King's Protection. and since his last committing, wishing unto the said Arthur Hall, that all the said Books had been burned before he meddled with them; that Arthur Hall should say to him again, he would not so for 100 l. And then he being sequestered, Arthur Hall was brought to the Bar, where after some mean reverence by him done, though not in such humble and lowly wise, as the state of one in that place to be charged and accused, required; whereof being admonished by the Speaker, and further by him charged, as well with the said parts collected out of the said Book, as with other his Misdemeanours and Contempts aforesaid, he in some sort submitted himself to the House, acknowledging in part the Matters wherewith he was charged, and in some other parts denied the same, but not making any good defence in the Matter, Certain Priests en Angleterre avoient offend en divers points en temps R. 2. durant le division de la Papacy, les fueront per Act del Parliament deprives de leur Benefices. 21 H. 7. foe 34. but acknowledging in part his Errors, imputing it for the most part to his misprision, and that in other parts the Matters were gathered otherwise than he meant; and thereupon he prayed pardon of the House, and that done, was sequestered. After which, upon sundry Motions and Arguments had touching the nature and quality of his Faults, 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 Council, 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 there should no Statute, ne Law, be made, of less than they yaffe thereto there assent, considering that the Common of your Lond, the which that is and ever hath be a Member of your Parliament, been as well Assenters as Petitioners. and of some proportionable forms of such punishment for such grievous Offences, it was upon the Question Resolved and Ordered by the whole House, without any one negative Voice, that he should be committed to Prison. Rot. Parl. 3 H. 5. n. 11. Nostre Seigneur le Roy per avies & assent des Signior & Communes, Enact. That during the Schism at Rome, all Bishops and other persons of Holy Church, shall be consecrated by the Metropolitan, upon the King's Writ, without further excuse or delay. And upon another Question likewise Resolved and Ordered, that he should be committed to the Prison of the Tower, as the Prison usual for Offenders to be committed unto by this House. And upon another Question it was in like manner Resolved and Ordered, that he should remain in the said Prison of the Tower by the space of 6 months, and so much longer, as until himself should willingly make a particular Revocation or Retraction under his Hand in writing, 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 King's Dominions, consecrated, and at this present time taken and reputed for Archbishops and Bishops, may by Authority of this present Parliament, and not by virtue of any provision, or other foreign Authority, Licence, Faculty, or Dispensation, keep, enjoy and retain their Archbishoprics and Bishoprics, 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. of the said Errors and Slanders contained in the said Book, 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 dispense, but also authorise some elect person or persons to dispense 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, amplify 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 wholesome 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. to the satisfaction of this House, or of such Order as this House shall take for the same, during the continuance of this present Session of Parliament. And upon another Question it was also in like manner Resolved and Ordered, that a Fine should be assessed by this House to the Queen's Majesties use upon the said Arthur Hall, for his said Offence. And upon another Question it was Resolved and Ordered in like manner, that the said Fine should be 500 Marks. And upon another like Question it was likewise Resolved and Ordered, that the said Arthur Hall should presently be removed, Pultons' Stat. An. 2 & 3 E. 6. cap. 21. All Laws prohibiting Spiritual persons to marry, who by God's Law may marry, shall be void. severed and cut off, from being any longer a Member of this House, during the continuance of this present Parliament; and that the Speaker by Authority from this House, should direct a Warrant from this House to the Clerk of the Crown-Office in the Chancery, Be it therefore enacted by our Sovereign 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 God's Law may lawfully marry, in all and every Article, Branch and Sentence, concerning only the prohibition for the marriage of the persons aforesaid, shall be utterly void and of none effect; and that all manner of forfeitures, pains and penalties, crimes or actions, which were in the said Laws contained, and of the same did follow, concerning the prohibition for the marriage of the persons aforesaid, be clearly and utterly void, frustrate, and of none effect, to all intents, constructions and purposes, as well concerning marriage heretofore made by any of the Ecclesiastical or Spiritual persons aforesaid, as also such which hereafter shall be duly and lawfully had, celebrate and made, betwixt the persons which by the Laws of God may lawfully marry. for the awarding of the Queen's Majesties Writ, to the Sheriff of the said County of Lincoln, Lastly, Knighton one of our best and most exactest Historians, tells posterity the ancient ends of calling Parliaments, in the Speeches made by Tho. de Woodstock Duke of Gloucester, the King's Uncle, and Tho. de Arundel Bishop of Ely, to King Richard 2d. at Eltham, in the 12th. year of his Reign, in the name of the whole Parliament then sitting at Westminster, wherein the said Delegates do put that King in mind, Quod ex antiquo Statuto & Consuetudine laudabili & approbata, etc. (saith the Historian) That by ancient Statute and Custom laudable and approved, which no man could deny, the King may once in the year convene his Lords and Commons to his Court of Parliament, as to the highest Court of the whole Realm. [In qua omnis equitas relucere deberet absque qualibet scrupulositate vel nota, tanquam Sol in ascensu meridiei, ubi pauperes & divites pro refrigerio tranquilitatis & pacis, & repulsione injuriarum refugium infallibile querere possent, ac etiam Errata Regni reformare, & de statu & gubernation Regis & Regni cum sapientiori Concilio tractare, ut Inimici Regis & Regni intrinseci, & hosts extrinseci destruantur & repellantur, qualiter quoque onera incumbentia Regi & Regno levius ad Ediam Communitatis suportari poterunt.] In which Court (say they) all equity ought to shine forth, without the least Cloud or shadow, like the Sun in his Meridian glory, where poor and rich refreshed with peace and ease of their oppressions, may always find infallible and sure refuge and succour; the grievances of the Kingdom redressed, and the state of the King and government of the Realm debated with wiser Counsels, the Domestic and Foreign Enemies of the King and Kingdom destroyed and repelled, and to consider how the charges and burdens of both may be sustained with more ease to the people. for a new Burgess to be returned into this present Parliament, for the said Burrow of Grantham, in the lieu and stead of the said Arthur Hall, so as before disabled any longer to be a Member of this House. And upon another Question it was also in like manner Resolved and Ordered, that the said Book or Libel was and should be holden, deemed, and taken and adjudged, to be for so much as doth concern the Errors aforesaid, condemned. Which done, the said Arthur Hall was brought in again to the Bar, unto whom the Speaker in the Name of the whole House, pronounced the said Judgement in form aforesaid; and so the Sergeant commanded to take charge of him, and convey him to the said Prison of the Tower, and to deliver him to the Lieutenant of the Tower by Warrant from this House, to be directed and signed by the said Speaker for that purpose. Whereas by a former Order of this House, Saturday the 18. of March. A further Order against Mr. Hall. Arthur Hall Esq was committed Prisoner to the Tower of London, there to remain by the space of 6 months, and so much longer, as until himself should willingly make a general Revocation or Retractation under his Hand in writing, of certain Errors and Slanders, contained in a certain Book set forth in Print, and published in part, greatly tending to the slander and reproach of Sir Robert Bell Kt. deceased, late Speaker of this present Parliament, and of sundry other particular Members of this House, and also of the Power, Antiquity and Authority of this House, to the satisfaction of this House, or of such Order as this House should take for the same, during the continuance of this present Session of Parliament, as by the same Order made and set down by this House, upon Tuesday being the 14th. day of February foregoing, in this present Session of Parliament, more at large doth and may appear. And where also the said Arthur Hall hath ever since the said Order taken, remained in the said Prison of the Tower, and yet still doth, and hath not at all made any Revocation or Retraction of the said Slanders, Errors and Untruths, to the satisfaction of the said House, according to the said Order; Hall's Retractation to be referred to a certain Committee. It is now therefore Ordered and Resolved by this House, that the further allowance of such Revocation or Retractation to be hereafter made as aforesaid, shall be referred unto the Right Honourable Sir Francis Knolls Knt. one of her Majesty's most Honourable Privy Council, and Treasurer of her Highness' most Honourable Household; Sir James Croft Knt. one other of her Majesty's most Honourable Privy Council, and controller of her Majesties said most Honourable Household; Sir Christopher Hatton Knt. one other of her Highness' said most Honourable Privy Council, and Vice-Chamberlain to her Majesty; Sir Francis Walsingham Knt. and Thomas Wilson Esq her Highness' two principal Secretaries; Sir Walter Mildmay Knt. one of her Highness ' said most Honourable Privy Council, and Chancellor of her Highness' Court of Exchequer; and Sir Ralph Sadler Knt. one other of her Highness said most Honourable Privy Council, and Chancellor of her Highness' Duchy of Lancaster, being all Members of this House, or unto any three of them, The Committee to Report Hall's Retractation at the next Session of Parliament. to be by them or any three of them further Declared and Reported over unto this House, in the next Session of Parliament to be holden after the end of this said Session accordingly. The 3d. Case of Arthur Hall Esq ON Saturday the 12th. day of December, Anno 27 Eliz. Jour. Dom. Com. Saturday 12 December. Contempt in a Member. notice being given to the House, of one Mr. Hall, a Member of the same, that had not attended all this Parliament, it was Ordered, The Sergeant to give warning to Mr. Hall tu attend the House. that the Sergeant should give him warning to attend upon Monday next. The Business of Mr. Arthur Hall, of which the House had been informed upon their first Meeting this Morning, was before the rising of the House referred to Mr. Wolley, Mr. Crumwel, Mr. Diggs, and Mr. Sands, to peruse the Order touching the same, against Monday next, being the day appointed by the House for the said Mr. Hall to appear before them. The 4th. Case touching Arthur Hall Esq ON Monday the 21. day of November, Monday the 21 November, Anno 29 Eliz. An. Dom. 1586 (to which day the Parliament had been on Friday the 18th. day of the said Month foregoing last adjourned) Mr. Markham, Mr. Markham's Complaint against Mr. Hall. a Burgess for the Burrow of Grantham in the County of Lincoln, showed on the behalf of the Inhabitants of the said Burrough, That Mr. Arthur Hall having been in some former Parliaments returned a Burgess for the said Burrough, and in some of the said Parliaments, for certain Causes the House then moving, That he being for ever disabled to be a Member of the House, had notwithstanding brought his Writ against the Inhabitants of Grantham for his Wages disabled for ever afterwards to be any Member of this House at all, hath of late brought a Writ against the Inhabitants of the said Burrow for his Wages, (amongst other times) in attendance at the late Session of Parliament holden at Westminster, in the 27th. year of her Highness' Reign, during which time, as also a great part of some other of the said former Parliaments, he did not serve in the said House, but was for some Causes as aforesaid disabled to be any Member of this House, and was also then committed Prisoner to the Tower of London, and so prayeth the Advice and Order of this honourable House therein; Who pray the advice and order of the House. unto the Censure and Order whereof, the said Inhabitants do in most humble and dutiful wise submit themselves, and so showed the said Writ, which was then read by the Clerk; after the reading whereof, and some Speeches had touching 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 Precedents and Entries of this House heretofore had and made in the course of the said Cause. On Friday the 2d. day of December, Friday the 2d. of December. upon a Motion this day renewed on the behalf of the Inhabitants of the Burrow 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 Burrow in the same Parliaments; For as much as it is alleged, 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 Majesty's most Honourable Privy Council, Referred to a Committee. Chancellor of her Highness' Court of Exchequer, Sir Ralph Sadler Kt. one other of her Majesty's most Honourable Privy Council, and Chancellor of her Highness' Duchy 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, With directions if they think good, to move the Lord Chancellor to stay the granting of further Process against the Burrow. 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 signify their Proceedings therein to this House, at the next Sitting thereof accordingly. An Order delivered by Mr. Crumwel, Entered by the Consent of the House. WHereas upon Complaint made to this House, Tuesday the 21. of March. upon Monday the 21. day of November, in the first Meeting of this present Parliament, on the behalf of the Burrow 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 Queen's Majecty, wherein it was alleged, 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 Duchy, 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, The Ld. Chancellor, at the request of the Committee, stays further Process against Grantham. to stay the issuing forth of any further Process against the said Burrow, 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 alleged 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, Mr. Hall frankly remits his Wages to the Burrow of Grantham. 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 entered accordingly. §. 1. Mr. Arthur Hall's Case stated. I. Ex Journ. Dom. Com. 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 Judgement, nemine contradicente. 1. Judgement. To be imprisoned in the Tower for 6 months, and from thence till he had made a Retractation of his Book. 2. The like Precedent An. 3 Car. 1. Vid. Journ. Dom. Com. 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. Journ. Dom. Proc. & Com. The Bishop of Bristol's Case. 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. Ex Journ. Dom. Proc. & Com. 7 Jac. The Case of Dr. cowel. Anno 7 Jacobi, 1609. Dr. cowel, 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, Men despise and reproach those things whereof they are ignorant. It is a desperate and dangerous matter for Civilians and Canonists, (I speak what I know, and not without just cause) to write either of our Common Laws of England, which they profess not, or against them, which they know not. But their Pages are so full of palpable Errors, and gross Mistake as these new Authors are out of our Charity, and their Books out of our Judgement, cast away unanswered. Coke lib. 10. Lectori. 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 the Polity and Laws in the time of those Emperors; as also to make the Laws and Customs of Rome and Constantinople, to be binding and obligatory to the Cities of London and York. IV. Blackwood's Case. Jour. Dom. Com. In the same Parliament, Mr. Hoskins a Member of the Commons, produced several other Treatises containing as much as Dr. cowel's Book, all sold impune; amongst the rest there was one Blackwood's Book, which concluded, That we are all Slaves by reason of the Conquest. Nota. Upon these pernicious and false principles, our more modern Authors have without control published to the World, these, and many more dangerous positions, against the very being and honour of Parliaments, and destructive to the ancient fundamental Laws, Privileges, and Customs of this Realm. POSITIONS. 1. E contra Vide the ancient Rights of the Commons of England asserted, or a discourse, proving by Records and the best Historians, that the Commons of England were ever an essential part of Parliament. That originally the Parliament consisted only of such as it pleased the King to call, none having Right to come else. 2. That all the Subject hath, is the Kings: and he may lawfully at his pleasure take it from us, in regard he hath as much Right to all our Lands and Goods, as to any Revenue of the Crown. 3. That the Saxon Kings made Laws by the advice of the Bishops, and Wise men, The Power of Kings, in particular of the Kings of England, learnedly asserted by Sir Robert Filmer Kt. fol. 1. Printed An. Dom. 1680. which were no other than the Privy-Councel. 4. That the Laws, Ordinances, Letters Patents, Privileges and Grants of Princes, have no force but during their life, if they be not ratified by the express consent, or at least by the sufferance of the Prince following, who had knowledge thereof. What then becomes of the Peerage of England? what of the Bishops, Deans, prebend's, and other dignified Clergy? what of the Charters of all Corporations? what of hereditary Offices? and what of Offices and Places for life? and lastly, what becomes of the Charters and Privileges of the two most famous Universities▪ of England, Cambridge and Oxford? 5. That Taxes and Subsidies were raised and paid without any gift of the Commons, or of any Parliament, in the Saxon times; for instance, Danegelt. 6. For it was matter of Grace for the King to call the Commons to Parliament. Yet afterwards the Commons were called and made a House by the Bishops, in the times of the Baron's War, the better to curb them; yet were they never called to consult, but only to consent. 7. Yet others deny that, and affirm that the Commons had their first birth and beginning by Rebellion, Anno 49 H. 3. and that too after the Battle of Lewes, when the Barons had the King and Prince Edward in their power as prisoners, and exercised Regal Authority in his Name. He reigned 57 years. 8. But this is not agreed by some, for they say, ab ingressu of William the First, ad excessum H. 3. they cannot find one word of the Plebs or Commons being any part of Parliament; hence another infers, that the opinion is most like, who think, That the Commons giving their assent to making of Laws, began about the time of E. 1. 9 The Legislative power is wholly in the King, for the Statutes of most antiquity (according to the phrase of penning) may seem to be the mere will and pleasure of the King, assisted with his Council, neither Lords nor Commons being named: witness, inter al. the Statute of Magna Charta, 9 H. 3. etc. 10. Nor did the Commons take into consideration matters of Religion, which was only the place and function of the Lords Spiritual and Divines to determine, and not at all appertaing to the Laity: semper exclusis Dominis Temporalibus, & Communitate Regni. 11. As for the Privileges of the House of Commons pretended to, there's none to be found full, and firm, but only their being freed from Arrests, and that hardly. 12. They are not called to be any part of the Common Council, by the Writ of Summons. 13. Nor to consult de arduis Regni negotiis, of the difficult business of the Kingdom. 14. For the Writ saith, That the King would have conference and treat with the Great men and Peers, but not a word of treaty and conference with the Commons. 15. Their duty being only add faciend. & consentiend. to perform and consent to such things as should be Ordained by the Common Council of the Kingdom. 16. Nor is there so much mention in the Writ, as a power in the Commons to descent. [No more is there in the Lords Writ, what then?] 17. Until H. 7's time the Commons were often petitioning, but never petitioned to, and then directed to the Right Worshipful Commons. 18. That until the time of E. 6. (who was an Infant) for that I suppose was the pretended foundation of the notion, it was punctually expressed in every King's Laws, that the Statutes were made by the King alone: and then there began a dangerous alteration in the phrasing and wording of Acts of Parliament, to the disadvantage of the Crown, and invading the Prerogative. 19 Lastly, for it would be tedious to trouble the Reader with all their absurdities, Chimaeras, and false Inferences and Notions with which they have stuffed their Books, and imbroiled the Kingdom, by imposing upon the understanding of many of the Clergy and Gentry in the Nation; They boldly assert, that the King's Prerogative is a pre-eminence in cases of necessity, (of which he is the proper and sole Judge) above and before the Law of property and inheritance. And so farewell all Parliaments; and by consequence, farewell all Laws. It is God alone who subsists by himself; the Right of Crowns and Kingdoms, and all other things, exist in mutual dependence and relation. The Sovereignty, Honours, Lives, Liberties and Estates of all, are under the guard of the Law, which when invaded by fraud or wit, or destroyed by force, a dismal confusion quickly veils the face of Heaven, and brings with it horrid darkness, misery and desolation; Rapine, plunder and cheating, both private and public, will be allowed and protected; continual Rebellions, unjust Proscriptions, villainous Accusations and Whip, illegal and lasting Imprisonments and Confiscations, dismal Dungeons, tormenting Racks and Questions, Arbitrary and Martial Law, Murders, inhuman Assassinations, and base and servile Flatteries, multiplied by Revenge, Ambition, and insatiable Avarice, will become the Common Law of the Land. All these and myriads more will be enacted for Law, by force or fraud. All which that wise King James well understood, who saith, That not only the Royal Prerogative, King James' first Speech to his first Parliament in England. Pulton's Stat. 1 Jac. cap. 2. fol. 1157. but the People's security of Lands, Livings and Privileges, were preserved and maintained by the ancient fundamental Laws, Privileges and Customs of this Realm, and that by the abolishing or altering of them, it was impossible but that present confusion will fall upon the whole state nnd frame of this Kingdom. And his late Majesty of ever blessed memory, King Charles' the I. Declaration to all his loving Subjects, published with the Advice of his Privy Council. Exact Collections of Declarations, pag. 28, 29. was of the same mind and opinion, when he said, The Law is the Inheritance of every Subject, and the only security he can have for his Life or Estate, and the which being neglected or dis-esteemed, (under what specious show soever) a great measure of infelicity, if not an irreparable confusion, must without doubt fall upon them. But to return back. V. Journ. Dom. Com. Dr. Manwaring's Case. Anno 3 Caroli primi, Dr. Manwaring was impeached in Parliament by the Commons, Juratores praesentant quod Richardus Empson nuper de London miles nuper Consiliarius excellentissimi Principis Henrici nuper Regis Angl. 17. die Maii Anno Regni dicti nuper Regis 12. & diversis vicibus antea & postea apud London in Parochia sanctae Brigettae in Warda de Farrington extra, Deum prae oculis non habens, sed ut filius diabolicus subtiliter imaginans honorem, dignitatem, & prosperitatem dicti nuper Regis, ac prosperitatem Regni sui Angliae minime valere, sed ut ipse magis singulares favores dicti nuper Regis adhiberet, unde magnat. fieri potuisset, ac totum Regnum Angliae, secundum ejus voluntatem gubernaret falso deceptiuè & proditoriè legem Angliae, subvertens diversos ligeos ipsius nuper Regis, ex sua falsa covina, & subtili ingenio, contra communem legem Regni Angliae. Andersons 1. Rep. fol. 156. for preaching and printing several Sermons, with a wicked and malicious intention to seduce and misguide the Conscience of the King, touching the observation of the Laws and Customs of this Kingdom, and the Rights and Liberties of the Subjects thereof, and to incense his Royal Displeasure against his Subjects, and to scandalise, subvert and impeach ●he good Laws and Government of this Realm, and the Authority of the High Court of Parliament, to alien his Royal Heart from his People, and to cause Jealousies, Seditions and Divisions in the Kingdom: Whereupon he had Judgement, 1. Vide Rushworth ' s Collections, foe. Judgement against the Doctor. To be imprisoned during pleasure of the House of Lords. 2. Was fined a 1000 l. to the King. 3. Journ. Dom. Procerum. To make such submission and acknowledgement of his Offences in writing, both there and at the Bar of the Commons House. 4. Suspended for the term of 3 years, from exercising the Ministry. 5. Fo● ever disabled to preach at Court. 6. That he should be for ever disabled to have any Ecclesiastical Dignity, or Secular Office. 7. That his said Books were worthy to be burnt; and that for the better effecting of that, his Majesty was to be moved to grant a Proclamation to call them in, to be burnt in London, and both the Universities, and to prohibit their Reprinting. This was the Judgement of the Lords. The Doctor made his submission upon his knees, first at the Bar of the House of Lords, and after on his knees, at the Bar of the House of Commons: His Submission was this, I do here in all sorrow of heart and true repentance, The Doctor's Submission. acknowledge those many Errors and Indiscretions which I have committed, in preaching and publishing those two Sermons of mine I call Religion and Allegiance, Ex Agupeto Diacono. Assentatores à Regibus tanquam pestis vitandi 12. nam non utilia consulunt, sed quae placent 22. 31. sic Diogenes rogatus quaenam bellua perniciosissime morderet ex feris inquitobtrectator ex cicuribus vero adulator. and my great fault in falling upon this Theme again, and handling the same rashly, scandalously and unadvisedly, in mine own Parish-Church in St. Giles in the Fields, the 4th. of May last past; I do humbly acknowledge those three Sermons of mine, to be full of many dangerous passages and inferences, and scandalous aspersions, in most parts of the same. And I do humbly acknowledge the Justice of this Honourable House, in that Sentence and Judgement passed upon me for my great offence; and I do from the bottom of my heart crave pardon of God, the King, this Honourable House, the Church, and the Commonwealth in general, and those worthy Persons reflected upon by me in particular, for these great Errors and Offences. Roger Manwaring. After all which, The Lords order the Bishop of London to suspend the Doctor. the Lords ordered the Bishop of London to suspend him, according to the Clause expressed in the part of the Judgement against him. The Doctor after got a Pardon, and was made a Bishop, which occasioned great Disturbances in the House of Commons, in 4 Car. 1. The Charge and Articles against the Doctor, drawn out of his own Books. Article I. 1. That his Majesty is not bound to keep and observe the good Laws and Customs of the Realm, concerning the Right and Liberty of the Subject, to be exempted from all Loans, Taxes, and other Aids laid upon them, without common Consent in Parliament. 2. That his Majesty's Will and command in imposing any charges upon his Subjects, without such consent, doth so far bind them in their consciences, that they cannot refuse the same without peril of eternal damnation. Article II. 1. That these Refusers had offended against the Law of God. 2. Against the Supreme Authority. 3. By so doing were become guilty of impiety, disloyalty, rebellion, disobedience, and liable to many other Taxes. Article III. 1. That Authority of Parliament is not necessary for the raising of Aids and Subsidies. 2. That the slow proceedings of such Assemblies, are not fit to supply the urgent necessity of the State. 3. That Parliaments are apt to produce sundry impediments to the just designs of Princes, and to give them occasion of displeasure and discontent. It was a saying of Themistius in his Consular Oration to Jovinian the Emperor, that Some Bishops did not worship God, but the Imperial purple. This Dr. as I said before, after this so solemn a Judgement, did in the time of Prorogation, between 3 & 4 Car. 1. get a Pardon, and not only so, but the Bishopric of St. David's; which occasioned great debates and disturbances in the Parliament when they reassembled again, the power and validity of his Pardon being brought in question, and several times argued: but the dissolution of the Parliament put an end to the dispute for that time. But in the Parliament before the Long Parliament of 1640. the Lords highly resented it, as may appear by following proceedings. This day was read the Declaration of the House of Commons made tertio Caroli Regis, Journ. Dom. Proc. die Sabbathi, 18 die April. 16 Car. 1 against Dr. Manwaring, since Lord Bishop of St. David's, and likewise the Sentence pronounced against him by the Lords Spiritual and Temporal in the High Court of Parliament, which is committed to the consideration of the Lords of the Grand Committee for Privileges; and it was moved, that what can be alleged on the Lord Bishop of St. David's part, either by Pardon, Licence, or otherwise, that it may be produced and seen at the sitting of the Lords Committees, for theirfull and clear understanding, and better expedition in the business. Having taken into consideration the business concerning Dr. 21 April. 1640. Manwaring, it was ordered, that upon Monday next the Records be brought into the House, that the House may determine the Cause touching Dr. Manwaring. The business appointed this day concerning Dr. Manwaring, 27 April. 1640 is referred until to morrow morning, viz. 28 Aprilis. The Lord Keeper by command from his Majesty was to let their Lordships know, 28 April 1640. that his Majesty had understood that there was some question concerning Doctor Manwaring now Bishop of Saint david's, and that his Majesty had given command that the said Dr. Manwaring shall not come and fit in Parliament, nor send any Proxy to the Parliament: thereupon it was ordered to be entered so. And between that and the next Parl. as I am informed, he died. VI Anno 3 Caroli primi, Dr. Montague was complained of in the House of Commons, Journ. Dom. Com. 3 Car. 1. Dr. Mountague's Case. for writing and publishing several Tenants, tending to * The Dr. Writ and Published several Tenants, tending to Arminianism and Popery. Arminianism and Popery, and that he had committed a contempt against the House. * Lord Brook (friend to Sir Philip Sidney) in his Alaham. Heli the Priest, who teaching from without, Corrupted Faith, bound under Laws of might, Not feeling God, but blowing him about, In every shape and likeness but the right. We are to desire to conform ourselves to former Parliaments; this Cause began here, 21. Jac. and then it was commended to the Archbishop; But after it was so far from cure, that another Book of Appeal came out, and the Parliament, 1 Caroli sent to the Archbishop to know what he had done; who said he had given Montague Admonition, and yet he Printed that second Book without his consent, Had done a contempt to the Commons and distrubed the Nation, 1 Car. Voted. and so it was then debated; and the House Voted that he had done a contempt to the House of Commons, and that it disturbed the Church and Commonwealth. Since that they find that Book was countenanced, 2 Car. resolved by that Parliament that he had Sown Sedition, and defended by Bishops, and others. At the last Parliament the House again took it into consideration, And endeavoured to reconcile us to Rome. and Voted that Montague had sowed Sedition, and Endeavoured to Reconcile us to Rome. Articles against Montague. Now it was thought good that an addition should be made to the Articles against Richard Montague Clerk. First, That he about 21. Jac. Printed a Book called a Gag for the Puritan, and about the 22. Jac, the Treaty of the Invocation of Saints, and 1 Caroli, an Appeal to Caesar, in every of which he affirmed divers Opinions, contrary to the Articles of Religion, and by his so doing, hath broke the Laws, and disturbed the Peace of the Church. He said that the Church of Rome, had ever remained firm in their Doctrine, and that the Sacrifice of Masses, etc. And also that contrary to his Duty and Allegiance, under the name of Puritans, he had laid vile Aspersions on divers conformable Persons. And also he labours to draw Men to Popery, by subtle and secret ways. His Appeal hath divers passages that are contumelious to his Majesty's Father King James, and to divers Worthy and Learned Divines. For all which the ommons Pray he may be Punished, for thus disturbing the Peace of the Church and State. Two cautions are observed; first, we meddle not with Inferences and Collections, but with immediate contradictions to the Articles of Religion, and the Book of Homilies; also he is not charged with opinions contrary to the Divines of England. He recites the Articles as if we may depart away from grace the word (away) is not in the Articles. Also the Articles do not say that Men justified may fall away from that State; As for the Homilies, for the word (away) he puts in fall away. Also he seems to make difference between the Church in foreign Parts, and the Church of England. As for his charge of Sedition, it is clear by dividing the Kingdom under the name of Puritans, labouring to bring his Majesty in jealousy with 〈◊〉 Subjects, and to stir up others in hatred against such. First, he lays the name of Puritans upon the King's Subjects, that are dutiful and honest Subjects. In truth at the first this word was given to them that severed themselves from the Church; but he says there are Puritans in heart, and Puritans in Doctrine, as of Predestination and Reprobation. Also this division and aspersion is new, and under this name he comprehends some of our Bishops. Also he labours to bring those persons into dislike with his Majesty, as dangerous persons; he says they are a potent Faction, that Authority is a mote in their eye, and they are cunning and active men. And he concludes, Domine Imperator defend me gladio, & ego te defendam calamo. Also he labours to bring them in scorn; in his Appeal, they hold the Cross of Christ in as great despite as Julian. Also he withdraws the Subjects from their Religion to Popery, and he introduceth those mischiefs that the Law seeks to prevent. By the Law 1 Eliz. and other Statutes, it is Treason to withdraw any from the Religion established; but he cunningly infuseth Popery. He saith, the points of Controversy between Us and the Papists, are Arbitrary, and that we and they assent in some Opinions, as in the point of freewill; that their Opinions and ours are all one; and for the point of real Presence, for which so many have suffered death, he saith, that they jangle without cause. Also it was desired, that those Absurdities and Consequences we lay upon the Papists, for the point of freewill, may be spared, and that they are Bugbears, etc. And for converting men to Popery, he speaks favourably of the Pope; that he is the first and greatest Bishop, and fit to determine Controversies; and that the Pope is not Antichrist, he spends a whole Chapter in that; and that the Romish Church is part of the Catholic Church, we mention in our Creed; and for Popish Ceremonies, he commends and approves Pictures in Churches; and so for the Cross he saith, Caro signetur ut anima. Also he labours to reconcile Papists and Us; whereas if we offer Composition, we lose or part with somewhat. Also he lays Scandals on us, and our Doctrine, that there is no certainty in our points of difference, and that our Divines themselves differ. Also he favours those Practices that have been used by the King's Enemies: A Spaniard saith, Nothing is better for the ruin of the English, Campanella de Monar. Hispan. than to establish a Faction amongst them, which he labours to effect. His Tenants Dishonourable to K. James, who was diligent to prevent Arminianism; now he labours to discredit the Synod at Dort. Also K. James in his learned Works proves the Pope to be Antichrist; but Montague said, he never had a probable Argument thereof. Also he puts Disgraces on Protestant Divines, that Calvin, Perkins, and Beza, are Dictator's; and that Beza doth Puritanize; and Dr. Whitacre, that he was a man of their side. His profaneness in speaking of Preaching, and other Exercises of Religion; in preaching in Pulpits they brawl, etc. and Conferences after Sermons, he calls them Prophetical Determinations, and to chew the Cud as after Lectures, Bible- bearers, etc. It was Ordered, That the Articles be presented to the Lords, and that Montague be transmitted to the Lords. After which, the Parliament was Prorogued to the 4th. year of that King's Reign, where the Commons were upon him again, and questioned a Pardon he had got in the time of Prorogation; but shortly after the Parliament was dissolved. § 2. Some Precedents wherein the House of Commons have for misdemeanours turned out and discharged their Members. I. ANno 27 Eliz, Jour. Dom. Com. Anno. 27 Eliz. Dr. Parry's Case. Dr. Parry for several misdemeanours and crimes, was disabled to be any longer a Member in the House. II. An. 18 Jac. Journ. Dom. Com. 18 Jac. Sir Giles Mompesson's Case. Sir Giles Mompesson for being a Monopolist, and for other great and insufferable crimes by him committed, to the abuse of his Majesty, and grievous oppression of the Subjects, was 1. Turned out of the House. 2. Committed to the Tower. And after Impeached before the Lords, who gave Judgement upon him: 1. Journ. Dom. Proc. 18 Jac. The Lord's Judgement againws him. To be degraded of the Order of Knighthood. 2. To stand perpetually in the degree of a person Outlawed for Misdemeanours and Trespasses. 3. His Testimony never to be received in any Court, nor to be of any Inquisition or Jury. 4. To be excepted out of all general pardons. 5. That he should be imprisoned during his life. 6. Not to approach within 12. miles of the Courts of the King or Prince, nor at the King's high Court usually held at Westminster. 7. That the King should have the profits of his Land for life, and all his Goods and Chattels, and should be Fined at 10000 l. 8. He was also disabled to hold or receive any Office under the King, or for the Commonwealth. 9 And lastly, ever to be held an Infamous person. III. And in the Parliament 19 Jacobi, Sir John Bennet Knight, * Journ. Dom. Com. 19 Jac. Sir John Bennet' s Case. Illos extollimus, qui fraudibus ac dolis divites facti sunt, eos patres legum, Justitiae fontes, sapientiaeque thesauros appellantes, O inconcussa Dei justitia, quamdiu haec pateris? ab horum igitur scholis, in quibus non sat scio an de veritatis inventione, an potius de lucri spe major sit disceptatio, prodeunt Judices, Praesides, atque Ministri, manibus tenacibus, oculis impudicis, effrenata libidine, lapideis cordibus, ficta gravitate, lingua melliflua, sed dentibus virulentis, & breviter auri insatiabili fame. Cardan, libro de utilitate ex adversis capienda. Cap. de Temporum & Magistratuum pravitate, p. 649. one of the Members of the House, having been accused for Corruption, in receiving divers Bribes in the execution of his judicial place of Judge of the Prerogative Court of Canterbury: All which was proved to the full satisfaction of the House. Ordered by the Commons House of Parliament, 1. That a Warrant should issue under Mr. Speakers hand, directed to the Sheriffs of London and Middlesex, for the safe keeping of the said Sir John Bennet, until they shall receive other directions from the Lords; to whom the Commons had resolved to prefer an Impeachment against him. 2. That he be put out, and no longer to continue a Member thereof. 3. That a Warrant be made for a Writ for a new choice for the University of Oxford. IV. In the same Parliament, Journ. Dom. Com. 19 Jac. Sir Robert Floid's Case. the Commons House of Parliament for that Sir Robert Floyd had been a projector of a Patent for a Monopoly, being a general grievance both in the original creation, and in the execution: Resolved una voce, Turned out for being a Monopolist. That the said Sir Robert Floyd was a person unworthy to continue a Member of this House, and adjudged him presently to be put out. V. Journ. Dom. Com. 3 Car. 1. Mr. John Barbour's Case. Anno 3 Car. 1. Mr. John Barbour a Lawyer, and Recorder of the City of Wells, for subscribing a Warrant for the quartering of Soldiers; though he pleaded fear; yet because he would rather not lose his Place than do Justice, he was thought unfit to make Laws, that violates the Laws, his fault being aggravated by his profession; he had done well to have remembered 11 R. 2. when Belknap amongst other Judges gave his Opinion for fear, unwilling to lose his Cushion; when he came home he could not sleep, but said, I deserve three H. H. H. a Hurdle, a Halter, and a Hangman. 1 H. 4. a Law was made, that fear, much less Ambition or Avarice, should be no good Plea, there being no hope of a Coward. This may serve as an Almanac for the Meridian of England. This Example will prove more and try more than 20 points of Doctrine; it will strike fear, circumspecta agatis: Mr. Barbour was called in to answer for himself, and after withdrew, and Ordered, 1. That Mr. Barbour The Order of the Commons against Barbour. be suspended the House, and sequestered, till the pleasure of the House be known. 2. That a Committee examine the Cause, and that no motion be made till that be done. 3. And the Order was signified to Mr. Barbour by the Sergeant. §3. Some Precedents for punishing persons that were no Members of the House, for contempts ànd misdemeanours. I. Journ. Dom. Com. 4 E. 6. Criketost's Case. ANno 4 E. 6. Criketost for confederating in the escape of one Flood, was committed to the Tower, and afterwards discharged paying his Fees. II. Journ Dom. Com. 1 Jac. Complaint that a Yeoman of the Guard who kept the door of the Lobby of the Upper House, against several of the Members of the House of Commons. Complaint was made by Sir Herbert Croft, of Bryan Tash a Yeoman of his Majesty's Guard, for keeping out of the doors of the Upper House; and Sir Herbert himself, and some others of the Commons offering to come in, he repulsed them, and shut the door upon them, with these uncivil and contemptible terms, Goodman Burgess you come not here. The Question moved in this was, that for so great contempt, whether the House of itself should proceed to punish, or Address themselves to the proper Officcr the Lord Chamberlain, Captain of the Guard, etc. And so was left for this day. A Precedent of the like contempt by a Gentleman-Usher, remembered to have been questioned in this House in a Parliament in her Majesty's time. This day the contempt of the Yeoman of the Guard was again remembered, 22 Marti. 1603 and propounded as meet to be left to the examination and report of the Committee for Returns and Privileges. But herein an Honourable person, and a special Member of the House, interposed his advice, that there might be some moderate course taken with respect to his Majesty's Service, and to the eminent and honourable Officers whom it might concern: which induced the House thus far to be pleased, that the Offender the next day should appear and answer his contempt at the Bar, with caution and on purpose (which the House did then utter) that if he seemed to understand his own offence, and be sorry for it, and would submit himself to the pleasure and mercy of the House, praying pardon and favour, they would remit and discharge him; and the Sergeant was commanded to attend the said Order for his appearance. Bryan Tash a Yeoman of the Guard, for his contempt to the House, being in the custody of the Sergeant, and brought to the Bar, upon his submission and confession of his fault, Tash brought to the Bar, submits, and is pardoned, paying Fees. Mr. Speaker pronounced his pardon and dismission, paying the ordinary Fees to the Clerk and Sergeant; and in the name of the House gave him advice and warning, for his better care and carriage hereafter, upon any the like occasions, in the course of his Service and Attendance. III. Journ. Dom. Com. 18. Jac. Sir Francis Mitchell's Case. Anno 18 Jac. The Commons House of Parliament adjudged Sir Francis Mitchell, a Lawyer, to be prisoner in the Tower, for his many misdemeanours in and about the procuring of a Patent concerning the Forfeitures of Recognizances, Committed to the Tower. and of Alehouse-keepers; and further ordered, that a Sergeant at Arms should forthwith take him into his custody, and that at two of the clock that Afternoon, Carried on foot through London-streets. should carry him on foot through London-streets unto the Tower, there to be delivered to the Lieutenant. After which the Commons impeached him before the Lords; After impeached by the Commons before the Lords. who having examined his arbitrary acts, great crimes, and intolerable villainies, by Imprisonments and the ruin of many Families, all proved, as may be seen in the Lord's Journal. The Lords agreed of the Sentence of Sir Francis Mitchell, Journ. Dom. Proc. 18 Jac. The Lords send to the Commons. sent a Message unto the House of Commons, that the Lords have proceeded against Sir Francis Mitchell upon the complaint of the Commons, and they have found him guilty of many exerbitant offences, That they are ready to give Judgement against Mitchell, if they would come and demand it. and are ready to give Judgement against him, if they with their Speaker will come to demand it. Answered, They will come accordingly with all convenient speed. In the mean time the Lords put on their Robes. The Commons being come, and the Speaker at the Bar, after low obeisance he said, There was heretofore related unto your Lordships by the House of Commons, The Commons by their Speaker demand Judgement against Sir Francis Mitchell. a complaint of many griivances against Sir Giles Mompesson, and Sir Francis Mitchell, for many offences committed by them, committed against the King and the Commonwealth: your Lordships have proceeded with Mompesson, and given Judgement also against him; understanding you are ready to pronounce Judgement also against the said Sir Francis Mitchell, I the Speaker, in the name of the Knights, Citizens and Burgesses of the Commons House of Parliament, do demand and pray that Judgement be given against him the said Sir Francis Mitchell, according to his demerits. The Lord Chief Justice The Lord Chief Justice pronounceth the Judgement. pronounced the Judgement, in haec verba. Mr. Speaker, the Lords Spiritual and Temporal have taken into due consideration the great care and pains taken by the Commons, to inform their Lordships of the great Complaints, and the qualities and natures thereof, presented unto them against the said Sir Francis Mitchell, and others; whereof their Lordship's being well prepared by them to the true understanding of the same, and thereupon have proceeded to the perfect discovery thereof, by examination of divers Witnesses upon Oath, do find thereby Sir Francis Mitchell clearly guilty of many great crimes and offences against his Majesty and the Commonwealth, and have tesolved at this time to proceed to Judgement against him for the same: And therefore the Lords Spiritual and Temporal of this great and high Court of Parliament, do award and adjudge, 1. The Judgement of the Lords against Sir Francis Mitchell. That the said Sir Francis shall stand and be from henceforth degraded of the Order of Knighthood, with reservation of the dignity of his now Wife and Children, and the ceremony of degradation to be performed by direction of this Court, There was a Clause in Patents of Monopolies, whereby power was given to imprison, and hundreds were committed by colour thereof to Finsbury Gaol, and the Fleet. to the Earl Marshals Court. 2. That he shall be imprisoned during the King's pleasure in Finsbury Gaol, in the same Chamber there which he provided for others; the Tower where he now remaineth, being a Prison too worthy for him. 3. That he shall undergo a Fine of 1000 l. 4. That he shall be disabled to hold or receive any Office under the King, or for the Commonwealth. IV. Anno 18 Jac. Journ. Dom. Proc. 18 Jac. Fowls, Geldard and others committed. The Commons after a Conference with the Lords, referred the Bailment of Mathias Fowls, George Geldard, and other Prisoners, who had been infamous Agents for Mompesson and Mitchell, and by them transmitted to the Lords, (the Parliament being to be adjourned for some time) the opinion of the Commons was, that the Gaol was the best Bail for them. V. Anno 20 Jac. Journ. Dom. Com. 20 Jac. Dr. Harris' Case. Dr. Harris, Minister of Blechingley, who had misbehaved himself by Preaching, and otherwise with respect to Election of Members of Parliament there, and being complained of in the House, and referred to a Committee; the Committee was clearly satisfied that it was a high and great Offence; they are of opinion he should be called to the Bar as a Delinquent, to be admonished, and to confess his fault there and in the Country, and in the Pulpit of the Parish-Church, To recant in the Pulpit. on Sunday seven-night before the Sermon. The Doctor was brought to the Bar, and kneeled; the House agreed with the Committee, and Mr. Speaker pronounced Judgement upon him accordingly. VI Journ. Dom. Com. 3 Car. 1. Mr. Burgess, a Minister, his Case. Anno 3 Car. 1. Mr. Burgess, a Minister in Oxfordshire, who had abused his Function in the duty of Catechising, by making an Interlude full of blasphemous Speeches; and also in a Sermon, which was made only to traduce the Puritans, was sent for by a Messenger; being brought to the Committee, refused to answer, for which he was committed: 1. To the Tower. 2. After petitioned for his deliverance, and humbly submitted; whereupon he was delivered out of the Tower. VII. Journ. Dom. Com. The Case of Sir William Wray, M. Langton, Mr. John Trelawnie, and Mr. Edward Trelawnie. In the same Parliament, Sir William Wray, Mr. Langton, Mr. John Trelawnie, and Mr. Edward Trelawnie, being Deputy-lieutenants of the County of Cornwall, assumed to themselves a power to make whom they only pleased, Knights of the Shire, defamed Sir John eliot, and Mr. Corriton, who stood to be chosen, sent up and down the Country Letters for the Trained-bands to appear at the day of Election, menaced the Country, under the title of his Majesty's pleasure. It was Ordered, 1. The Judgement of the Commons. That Mr. Langton and Mr. John Trelawnie be committed to the Tower, for their Offence done to the House, there to remain during the pleasure of the House, and that they make a submissive acknowledgement of their Offences. 2. And Sir William Wray, and Mr. Edward Trelawnie, be committed to the Sergeant, and so to remain till they make their Recognition in the House. After all which, The Commons House of Parliament adjudge them. the Question was, whether the Gentlemen should make the Recognition at the Assizes in Cornwall, or no: And it was Ordered, That the Recognition and Submission should be made in the Country; To make submission in the Country at the Assizes. and a Committee was appointed to draw the Recognition, and they were sent to the Tower. The four Gentlemen were called in to the Bar, and the Speaker pronounced the Judgement upon them, all that while they kneeled. VIII. Journ. Dom. Com. 3. Car. 1. Anno 3 Car. 1. Sir Thomas Wentworth reporteth the Business, concerning the Toll granted to Levet for— Bridges in Yorkshire, Levet, for executing a Patent in time of Prorogation, which was adjudged a Grievance by the House in the last Session, ordered to be sent for by the Sergeant at Arms. to him and his Heirs, to be holden in Soccage of East-Greenwich, at 20 s. Rent, with power to seize Goods, etc. No Grant hereof till 10 Jac. nor any fruit thereof till 15 Jac. the Bridge anciently in good repair, some particularly bound to repair it. This Patent adjudged by the Committee a Grievance to the Subject, both in the original Creation and Execution. Upon Question so adjudged here: Journ, Dom. Com. 4. Car. 1. The Parliament prorogued. Ordered upon Question, That Levet, that hath peremptorily exercised a Patent, here condemned the last Session, for taking Toll at— Bridges in Yorkshire, shall be sent for by the Sergeant at Arms attending upon this House. IX. Anno 4 Car. Journ. Dom. Com. 4 Car. 1. The Officers of the Custom-house. 1. Mr. Rolls a Merchant, and a Member of the House, informed the House that his Goods were seized by the Customers for refusing to pay the Customs by them demanded, although he told them he would pay what was adjudged to be due by Law. It was ordered, that the Officers of the Custom-house should be sent for. X. Journ. Dom. Com. 4 Car. 1. The Case of Acton, Sheriff of London, for contempt in prevaricating in his Testimony. Sir John eliot reported from the Committee for the Examination of the Merchant's business, That the Committee finding Acton Sheriff of London in prevarications and contradictions, in his Examination, which being conceived to be a contempt to the House, he desires he might be sent for to answer his contempt. Mr. Goodwin. The Sheriff acknowledgeth his error, and humbly desireth so much favour, that he may once again be called before the Committee, and if he give not full content by his answer, he will refer himself to the wisdom and justice of the House. Sir Walter Earl seconded this motion, so did Alderman Moulson, Secretary Cook, Chancellor of the Duchy, and some others: but this offence being declared to be so great and gross, and that the Committee had given him so many times to recollect himself, and he being so great an Officer of so great a City, had all the favour that might be, and yet rejected the same, and carried himself in a very scornful manner. Wherefore it was ordered he should be sent for unto the House as a Delinquent to morrow morning. Ordered to be sent for. Sheriff Acton was called to the Bar, Tuesd. 10 Feb. Appears, and called to the Bar. as a Delinquent upon his knees, and said, If he hath erred, it was through want of memory, or through ignorance, for he intended not the least dislike or distaste to any Member of the House; and withdraws. Mr. Long. I shall move that he be sent to the Tower. Mr. His Crime with others aggravated. Littleton. You see the affronts by Books, by Preaching, by Rumours; by being served with Process, these scorns are daily put upon us, that we are become but a mere scarecrow; the neglect of our duty is the cause of this, it is high time to remedy this, or it is in vain to sit here. The Sheriff is again called to the Bar on his knees, Sentenced to the Tower. and sentenced to the Tower. XI. Journ. Dom. Com. 4 Car. 26 Jan. The Case of Lewis. A Petition was preferred against one Lewis, who said▪ about the 25th. of December, The Devil take the Parliament: which was avowed by two witnesses. And although it was spoken out of Parliament, yet it was resolved to be an offence to the Parliament: And it was ordered he should be sent for. § 4. Some Precedents for punishing of Misdemeanours in Elections. I. IN the Parliament of the 18. Journ. Dom. Com. 18 Jac. The Case of the Mayor of Winchelsey. of King James, the Mayor of Winchelsey, for misbehaving of himself at the Election of Parliament-men for that Town, and making a false Return. It was Resolved upon the Question. 1. Judgement against the Mayor. That the Mayor of Winchelsey had committed a Contempt and Misdemeanour against this House, and therefore shall stand committed to the Sergeant till Saturday morning, then making his Submission here at the Bar, to be discharged of any further punishment here. 2. But to make his Acknowledgement in the Town before the new Election. II. Journ. Dom. Com. 20 Jac. The Case of the Mayor of Arundel for Misdemeanour. Anno 20 Jac. Upon the Report of Mr. Glanvile, concerning the Burrow of Arundel, because the Mayor had misbehaved himself in the Election, by putting the Town to a great deal of Charge, not giving a due and general warning, but packed a number of Electors: It was Resolved, 1. The Mayor not being in Town, a Warrant be sent for him. 2. Judgement. To pay the Charge, to be set down by 3 Members. Resolved upon another Question, that Mr. Alford, Mr. B'ing, and Mr. Lathorn, shall set down the Charges. III. Jou●n Dom. Com 21 Jac. The Case of Ingry the under Sheriff of Cambridgeshire Anno 21 Jac. Mr. Glanvile reports the Misdemeanour of the under-Sheriff of Cambridgshire, who refused the Pole, declaring, Sir Thomas Steward promised him to defend him against Sir John Cutts, and told him, he should have no wrong nor damage. Resolved upon the Question, That this under-Sheriff shall be committed to the Serjeant's Custody till Thursday next. Judgement. Resolved also upon the Question, That making his Submission at the Bar, and acknowledging his offence, he shall be discharged from any further punishment in this place. Resolved also upon a third Question, To make a submission at the Sessions. That the under-Sheriff shall make a further Submission openly at the next Quarter-Sessions to be holden in the County, and acknowledge his faults. Edward Ingry brought to the Bar, and kneeling upon his knees, Mr. Speaker denounced upon him the Judgement of the House. IV. Journ. Dom. Com. 3 & 4 Car. 1. Tuesd. Apr. 29. The Case of the Sheriffs of York, and others touching the Election of Sir Thomas Savile. Mr. Hackwell reports from the Committee about the Sheriffs of York, and others, for the Election of Sir Thomas Savill. The two Sheriffs, and two Aldermen are Delinquents; one of the Sheriffs, and one of the Aldermen are most faulty: Sheriff Thompson had committed two offences; First, his hasty and precipitate Judgement of the Election, to prevent the Election of Hoy: Secondly, in denying the Poll, being required. First, his hasty and precipitate Judgement, was done without acquainting his fellow Sheriff, and it was within a quarter of an hour after the reading of the Writ, and half an hour after nine a clock; and while he was doing of it, he was admonished, and told that he could not answer it, and that he might defer it; yet he did obstinately proceed, and answered them frowardly, and said he would do it, and that he would justify it. His excuse was thus: that it was indeed suddenly done, but it was done so formerly. But to that it was replied, That never before above two were in Election. Secondly, he answered, That it was not of his own head, but some Aldermen advised it; but that was Alderman Cooper, a Delinquent for that offence. For the other offence, in denying the Poll after it was demanded, and that was before he had pronounced any Judgement; but he was willing that Robinson should have the Poll, for he knew he could not carry it: but he refused Hoy, and he was required ten times, but gave no answer at all. His behaviour before the Committee was impudent, and he would answer nothing directly. The Committee found this man to be an engaged man, Nota. and that he was promised to be saved harmless. For Alderman Henlow, he procured the Company of Tailors two days before the Election, and published Sir John savil's Letters, and pressed it, and upon some he pressed it so much, that they should elect Sir Thomas Savill, and said the Parliament will not hold. He dealt with the Sheriffs also, and told them divers words of Sir John Savill, that he would take it very ill; and, said he, if you will choose Sir Thomas Savill, you shall be saved harmless. Also he endeavoured to procure a Certificate, that Sir Thomas Savill was duly elected; when any refused, he said they were factious Fellows, and otherwise threatened. The Committee censured Sheriff Thompson, and this Alderman Henlow, First, that they should stand committed to the Sergeant during pleasure. Secondly, that they should acknowledge their offences at the Bar in the full House, and pay all due Fees before they be discharged. Also they should defray all the charges of the Witnesses of Alderman Hoy, to be assessed by four of the Committee. Nota. And that they should make acknowledgement of their fault before the Court of Aldermen at York; and that the Mayor should certify their submission to the House. As for Alderman Cooper, he assembled the Company of Merchants, and read Sir John savil's Letter for the Election of his Son, and also he at the Election persuaded the Sheriff to give Judgement. Sheriff Atkins was only passive, and did not refuse to join with the other Sheriff. As for the point of charges given to the Witnesses of Hoy, it was doubtful and objected against by some, whether it lay in our power: But it was replied, That in every Court it is necessary to have power to impose Fines, and why we should want power for offences that lie in our cognizance, is not to be questioned; else the party that is duly elected, and that justifies the free Election, and maintains the freedom and liberty of the Commonwealth, shall be more punished than the Delinquent: Also we have power to imprison, which is more than a Fine: Also we have as much as the Lords House, in those things that lie in our Jurisdiction. 13 Eliz. 10 Maii, The Mayor of Westbury in Wiltshire took 4 l. for a Return; Mr. Long fined 20 l. and ordered to bring in a Bond made him for a greater sum. 23 Eliz. 5 Januar. Mr. Arthur Fall writ a Book to the dishonour of this House; It was ordered, that the Sergeant should go to apprehend him, assisted by two Knights of this House. 14 Febr. he was brought to the Bar, and sent to the Tower, and fined 500 Marks, and expelled the House, and kept in the Tower six months. 23 Eliz. 18 Martii, a Fine was assessed on every one that was absent without leave. 6 H. 8. cap. 16. our Clerks Book is termed a Record. 21 Jac. the Election of the Burgess of Arundel in Sussex; and there it was ordered, that the Witnesses charges should be born: And then there was 10 l. paid down by one, a Member of this House. 12 Jac. a Servant of Justice Whitlock's was Arrested by one Lock and Moon, Nota. who were enjoined to ride both on Horseback, with their faces to the Horses tails: And Mr. Hackwell said, he himself self saw the execution of it in Cheapside. 3 Jacobi, Sir Robert Philips. the Baron of Walton's Solicitor, being his Servant, was Arrested; he claimed the privilege, 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 Misdemeanours, 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, The Sheriff to pay the charges of the Witnesses, to be set down by four Witnesses. brought up about the proof of the said Election, and that they shall not be discharged from the Sergeant 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 Sergeant, 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 Precedent. Lunae 4 Junii, 19 Jacobi. 7. Committment of Davenport to the Tower, for misinforming the House of Commons, as a Witness. 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, Anno primo Regis Jacobi, Num. 42. penes Joh. Brown, Ar. Cler. Parliamentor. 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' Commandment to this your present Parliament, being elected and returned a Burgess for the Burrow of staining, in your Highness' County of Sussex, was upon the 15th. day of March last passed, 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 Poultry in London, at the Suit of the said Simpson, and from thence by Habeas Corpus was removed to your Majesty's 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, Nota. Highness' 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 Privilege 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, Highness' said Commons at any time before this day have had, used and enjoyed, and aught 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, Anno 3 Car. 1. Pult. Stat. fol. 1433. by the Lords Spiritual and Temporal in this present Parliament assembled, concerning divers Rights and Liberties of the Subjects, with the King's Majesties Royal Answer thereunto in full Parliament. To the Kings most Excellent Majesty. HUmbly show 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, 34 E. 1. Statutum de Tallagio non concedendo: No Tallage or Aid to be laid or levied without Authority of Parliament. 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 Freemen 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, 1 E. 3. 6. 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. 11 R. 2. 9 And by other Laws of this Realm it is provided, 1 R. 3. 2. That none should be charged by any Charge or Imposition called a Benevolence, nor by such like Charge, by which the Statutes beforementioned, 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 in divers Places assembled, and required to lend certain sums of Money unto your Majesty; and many of them upon their refusal so to do, have had an Oath administered unto them, not warrantable by the Laws or Statutes of this Realm, and have been constrained to become bound to make appearance, and give attendance before your Privy Council, and in other Places; and others of them have been therefore imprisoned, confined, and sundry other ways molested and disquieted; and divers other Charges have been laid and levied upon your People in several Counties, by Lord- Lieutenants, Deputy- Lieutenants, Commissioners for Musters, Justices of Peace, and others, by Command or Direction from your Majesty, or your Privy Council, against the Laws and free Customs of the Realm. And where also by the Statute called the Great Charter of the Liberties of England, 9 H. 3. 29. it is declared and Enacted, That no Freeman may be taken or imprisoned, or be disseised of his Freehold or Liberties, or his free Customs, or be Outlawed or Exiled, or in any manner destroyed, but by the lawful Judgement of his Peers, or by the Law of the Land. And in the 28th. 28 E. 3. 3. year of the Reign of K. Edward the III. it was Declared and Enacted by Authority of Parliament, That no man, of what Estate or Condition that he be, should be put out of his Land or Tenements, nor taken, nor imprisoned, nor disinherited, nor put to death, without being brought to answer by due process of Law. Nevertheless against the tenor of the said Statutes, 37 E. 3. 18. and other the good Laws and Statutes of your Realm to that end provided, 38 E 3. 8. divers of your Subjects have of late 42 E. 3. 3. been imprisoned without any cause 17 R. 2. 6. showed; and when for their deliverance they were brought before your Justices, by your Majesty's Writs of Habeas Corpus, there to undergo and receive as the Court shall order, and their Keepers commanded to certify the causes of their detainer, no cause was certified, but that they were detained by your Majesty's special Command, signified by the Lords of your Privy Council, and yet were returned back to several Prisons, without being charged with any thing, to which they might make answer according to the Law. And whereas of late great company of Soldiers and Mariners have been dispersed into divers Counties of the Realm, and the Quartering Soldiers against Law. Inhabitants against their wills have been compelled to receive them into their Houses, and there to suffer them to sojourn, against the Laws and Customs of this Realm, and to the great grievance and vexation of the People. And whereas also by Authority of Parliament, in the 25th. 25 E. 3. 9 year of the Reign of K. Edward the III. it is Declared and Enacted, That no man should be forejudged of Life or Limb, against the form of the great Charter, and the Law of the Land; 9 H. 3. 29. and by the said great Charter, 25 E. 3. ●4. and other the Laws and Statutes of this your Realm, 28 E. 3. ●3. no man ought to be adjudged to death, but by the Laws established in this your Realm, either by the Customs of the same Realm, or by Acts of Parliament. And whereas no Offender, Nota. of what kind soever, is exempted from the Proceedings to be used, and Punishments to be inflicted, by the Laws and Statutes of this your Realm; nevertheless of late divers Commissions under your Majesty's Great Seal have issued forth, by which certain persons have been assigned and appointed Commissioners, with Power and Authority to proceed within the Land, according to the Justice of the Martial Law against such Soldiers and Mariners, Martial Law in time of Peace, against the Laws and Statutes of England or other dissolute persons joining with them, as should commit any Murder, Robbery, Felony, Mutiny, or other Outrage or Misdemeanour whatsoever, and by such summary Course and Order, as is agreeable to Martial Law, and as is used in Armies in time of War, to proceed to the Trial and Condemnation of such Offenders, and them to cause to be executed and put to death, according to the Law Martial. By pretext whereof, some of your Majesty's Subjects have been by some of the said Commissioners put to death, when and where if by the Laws and Statutes of the Land they had deserved death, by the same Laws and Statutes also they might, and by no other ought to have been judged and executed. And also sundry grievous Offenders, by colour thereof claiming an exemption, have escaped the Punishments due to them, by the Laws and Statutes of this your Realm, by reason that divers of your Officers and Ministers of Justice have unjustly refused, or forborn to proceed against such Offenders, according to the same Laws and Statutes, upon pretence that the said Offenders were punishable only by Martial Law, and by Authority of such Commissions as aforesaid, which Commissions and all other of like nature, are wholly and directly contrary to the said Laws and Statutes of this your Realm. They do therefore humbly pray your most Excellent Majesty, that no man hereafter be compelled to make or yield any Gift, Loan, Benevolence, Tax, or such like Charge, without common Consent by Act of Parliament; and that none be called to make answer, or take such Oath, or to give attendance, or be confined, or otherwise molested or disquieted concerning the same, or for refusal thereof; and that no Freeman in any such manner as is before mentioned, be Imprisoned or Detained; And that your Majesty would be pleased to remove the said Soldiers and Mariners, and that your People may not be so burdened in time to come; And that the foresaid Commissions for proceeding by Martial Law, may be revoaked and anulled; And that hereafter no Commissions of like nature may issue forth to any Person or Persons whatsoever, to be executed as aforesaid, least by colour of them, any of your Majesty's Subjects be destroyed or put to death, contrary to the Laws and Franchises of this Land. All which they most Humbly Pray of your most Excellent Majesty, Nota. as their Rights and Liberties, according to the Laws and Statutes of this Realm; And that your Majesty would also vouchsafe to declare that the awards, doings, and proceedings, to the prejudice of your People, in any of the premises, shall not be drawn hereafter into Consequence or Example; and that your Majesty would be also graciously pleased, for the further comfort and safety of your People, to declare your Royal Will and Pleasure, Nota. That in the things aforesaid, all your Officers and Ministers shall serve you, according to the Laws and Statutes of this Realm, as they tender the Honour of your Majesty, and the Prosperity of this Kingdom. Which Petition being read the 2d. of June, 1628. the King's Answer was thus delivered unto it. THe King willeth that Right be done, according to the Laws and Customs of the Realm, and that the Statutes be put in due execution, that his Subjects may have no cause to complain of any wrong or oppressions, contrary to their just Rights and Liberties, Here the good King condemns the Law and Doctrine of Dr. cowel, Blackwood, Manwaring, Fulbeck, Sibthorpe, Alabaster, Filmer, and their Transcribers and Disciples. to the preservation whereof, he holds himself in Conscience as well obliged, as of his Prerogative. But 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 Judgements 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 show 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 Precedents 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. Journ. Dom. Com. Parl. 1 Jac. of this instant May, a Bill being offered to the Speaker of the Commons House of Parliament, Mercurii 23 Maii, A. D. 1603 in his way coming towards the said House, A Bill is delivered to the Speaker going to the House, purporting a Declaration of Treason by a Magistrate of the Land, who Gives an Account of it to the 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, Who forbear to read it at that time. 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; The King sends 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 expected an Account thereof from Mr. Speaker, and after demands it. the House for the more part expected an Account of the said Bill, which was this day demanded and urged by sundry Members of this House; in which Debate these Questions were handled: Questions handled thereupon. 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 Judgement 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, To cease with a caution & care of the privilege of the House. with this caution and care, proceeding from a tender regard of the privilege of this House, that it should be precisely Registered, To be Registered as the Judgement of the House, that no Speaker should deliver a Bill, whereof the House was possessed without leave. as the Judgement 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 show it or deliver a Copy; If it seems meet unto him. Who by way of excuse, The Speakers excuse. Answered that a Message was delivered unto him by a great Lord, from his Majesty, commanding him to send the Bill unto him, and that he was warranted by former Precedents, to show the Bill to the King when he was Commanded; As in the Case of Mr. Morrice, Mr. Wentworth, 25. Eliz. Many Motions Motions by several Members. ensued in this matter, by Mr. Solicitor, Sir Herbert Crofts, Sir Francis Bacon, Mr. Brooke, Mr. Wiseman, Sir William Fleetwood, Mr. Crewe, Mr. Martin, Sir Henery Beaumond, Sir Maurice Berkley, Sir William Strewed, Mr. Yeluerton, Sir Thomas Hobby. Much Exceptions against the Precedents, 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 lose our privilege, if we lose our Bill. Mr. Speaker to pray Access to the King himself, and in the name of the House, to desire the Bill from his Majesty. 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, No Bill of which the House is possessed, to be delivered without notice and leave of the House. be delivered to any before the House have notice, and give leave. Admitted that a Copy may be delivered, or it may be showed to his Majesty. II. Mr. Speaker declared to the House, Jur. Dom. Com. Die venris 27. February, 4 Jac. A. D. 1606. A Message from the King. a Message from the King; The Message was to this effect. That his Majesty having entered 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, The Union of England and Scotland. he was to put them in mind, that the Writ of Summons that called them thither, That the Writ called them to Consul. de arduis Regi. 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; Their attendance a great duty. and that the departure of any Member of this House was a greater contempt, Departure a greater contempt than a Noblemen. Adviseth no Lawyer or other of Note to depart. 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, Would assist the House for their stay or recalling. 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, Motions and Debates upon the Message. that many have Trials 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, Mr. Speaker's motions. that a time might be appointed for the Calling of the House, and a punishment agreed on for the absent. Others, Others move. that the House might first be Called, and then a punishment thought on. That the House being Called, the Sergeant 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, 3 Questions made. which by direction was made by Mr. Speaker, viz. 1. 1 Question. Whether the House shall be Called. 2. 2 Question. Whether the Sergeant shall be sent for such as are absent, having no reasonable excuse. 3. 3 Question. Whether the House shall be Called on Monday come seven-night in the afternoon. Which were all resolved Resolves. 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 Order. was. THis day Mr. Speaker delivered a Message from His Majesty, Veneris 27. February. importing a Consideration of the weight of the great The Union of England and Scotland. 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' 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 Sergeant at Arms, Attendants upon the House, or by his Deputy, be immediately sent for, and answer Fees and Entries to the Officers, as in Case of breach of Privilege, or other Contempts to the House. Thirdly, and Lastly, That upon Monday next come Seven-night in the afternoon of that day, the House shall be called. Mr. Die Martis 3. Martii. Mr. Hide departs without Licence and is sent for. Hide the last day immediately upon the King's Message, Pleading certain businesses of his Clients, 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 Majesty's pleasure, signified, 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 Sergeant, as being conceived to be a precedent of ill example and contempt other men's Cases Considered with yours, which led me to interpose this motion to the House; That if you came not before Monday next (the day appointed for calling of the House,) you might then be proceeded withal as the Case did require; And myself 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 haste of proceeding; And so I commit you to God. Directed. To my very Loving Friend, Laurence Hide, Esq It was also moved and resolved, Resolved that other Letters be writ to other Members who were Lawyers. 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 Moor, 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; The form of the Letter. 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 loath 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, Jurn. Dom. Com. 27. Jac. Vereris 27. Maii. that a Committee of the whole House, shall this afternoon consider of a fit and satisfactory Answer of the King's Majesty's Letter sent this day to this House; Orders that a Committee. take into consideration misinformations given to the King, concerning the proceedings of the House of Commons. 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. Jour. Par. Dom. Com. 18. 19 Jac. 15. Martii. Sir Robert Phillips makes Report of two Informations brought, The Case of Dr. Lamley, Chancellor to the Bishop of Peterburrough, and Dr. Cradock a Divine, Chancellor to the Bishop of Durham. 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, Dr. Lamely accused for Extortion and other Misdemeanours. etc. 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 Bushel paid 100 Marks, and desired it might be employed 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, Dr. Cradock accused for Briberies and other Misdemeanours. 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 Collier 20 l. for not appearing; of another 10 l. to shuffle up a clandestine Marriage, etc. 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 Bachelor 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 threatened 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 forthcoming; 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 Widows 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 Murder, 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 Laymen 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. Kelway, Fo. 184. 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 Judgement ourselves, 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. rastal's Stat. 8 H. 6. c. 1. 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 Sovereign 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 King's 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 King's Parliament, do enjoy and were wont to enjoy, or in time to come aught to enjoy. VI Journ. Dom. Com. 19 Jac. Sabbathi 2 die Junii. The Commons House of Parliament, in Confirmation of a former Declaration therein made, Confirmation of the Order concerning all Patents adjudged Grievances▪ 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. Journ. Dom. Com. Lunae 26 Martii. It is thought fit by the Commons House of Parliament, Concerning all Patents adjudged Grievance. 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. Journ. Dom. Com. Sabbathi 17 Martii. Order pro Churchill. March 21. Sr. Robert Phillip's Reports from the Committee appointed to examine Keeling and Churchill, who informed them of many Corruptions against the Lord Chancellor. April 25. A Committee for regulating the Chancery, and to consider of Churchill's false Orders, and the Faults of the rest of the Registers. Sir Dudley Diggs saith, that Churchill was Register, Councillor and Judge, referred to the Committee. It is this day Ordered by the Commons House of Parliament, that the Sergeant 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 Sergeant is in the mean time to keep him so, as none be suffered to speak with him, but in the hearing of the Sergeant. IX. Anno 19 Jac. A Copy of the Petition remaining with William Goulds borough, Esq Clerk of the House of Commons. To the Honourable the Knights, Citizens, and Burgesses of the House of Commons, in this present Parliament Assembled. The humble Petition of the Mayor, Bailiffs, and Burgesses of the Town of Northampton. THat whereas your Petitioners have been, The Complaint of the Mayor, Bailiffs, and Burgesses of Northampton, against Dr. Lamb, Chancellor to the Bishop of Peterborough. and still are every way conformable to the King's Majesty's 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 Majesty's Laws, but also countenanceth the lewdest fellows in the Town, in their opposing of the Governors 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 Majesty's Subjects are constrained to travel, some twenty, some four and twenty miles and more, to their exceeding great trouble and charges, and to the hazarding of their lives; many being driven by reason of their Courts being kept so late in the night, by Candle-light, to travel home in the nighttime what weather soever be. And he hath made his own Brother Register, and keepeth the Office and Records in his own house, and there maketh Acts, and altereth them at his own pleasure, and hath the most part of the profits of the same to himself, as is reported, his Brother only bearing the name of the Register, but the Chancellor's own men for the most part supplying the Office; by reason whereof there is such pilling and polling of the Town and Country continually, by exacting new Fees, and extorting great sums of Money for Probates of Testaments, and Letters of Administrations, and by causing men to prove Deeds of Gift in their Courts, and to examine Titles of Lands, and to prove Wills there also, though they have been proved above in the Prerogative Courts; and by constraining Widows to give up Accounts of their Administration, seven or eight years after their Husband's decease, taking five Nobles (at the least) of every one for the same; by refusing of Wills fairly Ingrossed, and causing the Registers men to write them out again, and so putting the Country to a double charge. As also by taking great sums of Money of divers persons for Commuting of Penance, and not bestowing it upon charitable uses; by Excommunicating of men for being in the company of others, standing Excommunicated though they knew not of it, and taking excessive Fees for the same; by citing men and women to their Courts for trifles, and taking eleven groats Fee of every one, though they clear themselves; by citing some to the Courts in the Churchwardens names, without their consent or knowledge; by delaying of Causes in the same Courts, especially about Assessments for the repair of Churches, that it hath cost some Parishes 20 l. 30 l. 40 l. some more, some less, before they could have an end of it; by bringing men to their Courts only upon the Judge's suspicion, and there tendering the Oath Ex Officio, upon refusal whereof they have been Excommunicate, whereupon some have been driven to Appeal, which hath cost some 2 l. some 10 l. some more, to their great impoverishing; by citing men and women to their Courts, for going to another Parish to hear God's Word preached, when they had no Sermon at their own Parish-Church, and taking great Fees for the same; by citing men to their Courts for opening their Shop-windows upon a Holiday, though it hath been Market-day, as it hath been accustomed, and making men do Penance, and pay Fees for the same; Nota est Cyclopum vivendi ratio, quibus illa crudelis vox in Tragoedia attribuitur non ulla Numina expavesco Coelitum, sed victimas, uni deorum maximo ventri offero, deos ignoro caeteros. In Praef. ad Covarru. opera. and some for taking Money, and delivering of Corn upon Holidays, and for divers other trivial matters, making men to spend some 20 s. 30 s. 40 s. 50 s. some more, some less, to the great and general grievance of his Majesty's poor Subjects: whereupon it is a general complaint, that it were far better for the Country to give his Majesty an yearly Subsidy, then to be thus in continual vexation by the said Doctor Lamb, and his Officers under him: in so much that there were so many Petitions put up by the Country, to the Honourable Sir Edward ●ook Knight, sitting as Judge in that Circuit, that the said Doctor Lamb was bound to the good behaviour for the same, and yet the grievances offered by him are still continued. May it therefore please your Honours, in tender consideration of the premises, and in a feeling commiseration of the distressed Estate of the said Town and Country by that means, to take such speedy course for their relief, as to your Wisdoms shall seem most expedient: And they and the whole Country shall ever be bound to praise God for your Honours, and to pray for your prosperities, etc. Math. Sillesby. Thomas Martin's Grievance. 1. Thomas Martin, late of Northampton, being of the Parish of All Saints, was presented into Dr. Lamb's Court by William Harrison, and Arthur Smith, Churchwardens of St. Giles' Parish, both common Drunkards; one of them upon Record, by the advice and practice of Mr. Stockwell the Proctor, upon a Fame, that he having in his hand a Capon's Rump, should ●ay, it would make as good a Churchwarden as the Churchwarden of St. Giles'; Mr. Martin denyeth that he spoke any such words, and could never have his Accuser come in; and if there were any such Fame, themselves raised it in an Alehouse. 2. They presented him likewise upon another Fame, that the said Mr. Martin should in the Church-Porch of St. Giles', violently thrust upon the Wife of Humphrey Hopkins, being with Child, to the danger of her life or the Child's. The ground of this Presentment was this: Mr. Bird being presented to the Viccaridge of St. Giles', at his Induction there was an horrible Riot committed in the Church, Nota. by the means of Mr. Sibthorp. Dr. Sibthorp. (as was supposed) against Mr. Bird, and one base ●ellow tripped up Mr. Bird's heels, and threatened to kill him, if he would not deliver up his Box of Writings; Mr. Martin being Mayor was called for by the Constable to come to prevent Murder, where he found the Church-Porch full of the basest People of the Parish, and going into the Church, perhaps some of his Officers might thrust some out of his way; but the Woman protesteth, that he never did her hurt, neither did she say so, neither, could they persuade her Husband to bring an Action against him at the Common-Law, though they often urged him thereto, and so they took this course in the Spiritual Court; yet the Riotters were never presented into the Spiritual Court, because they were Amici Curie. Upon these Presentments Mr. Martin was cited to appear at Rowell, 10 miles from Northampton, 2 years after the pretended Offences; but being detained about the King's Service, retained a Proctor to appear for him; but the Chancellor said, it was a matter of Office, and therefore would admit no Proctor to appear for him, and presently excommunicated him; whereupon he was forced to appeal, and since hath used all the means he could to have an end of this Business by some Friends, who wished him to yield to the Doctor, or else he would weary him out; so that he was forced to give him 50 s. and paid also 3 s. 8 d. for his absolution, and yet can get no end of it to this day, but is in danger to be called again, though it hath cost him 10 l. already. 3. Also a Sister of the said Mr. Martin's, dwelling at Leicester, and coming to Northampton, was desirous to go to St. Giles' Church, to hear Mr. Bird preach, and requested one of Mr. Martin's Prentices to accompany her to the Church, which he did, and they both went thither, and there stayed Divine Service and Sermon: For this the Apprentice was cited to the Court, and there troubled from one Court day to another, from Northampton to Rowell, 10 miles off, to the great hindrance of his Master; and at length they enjoined him to pay 3 s. 8 d. which for fear of Excommunication he was forced to borrow, and so to pay them: And she was threatened by the Chancellor, that he would make her keep her Brother's Parish- Church when she came to the Town. 4. And because Mr. Martin, and divers other Townsmen, refused to give him their Voices, to be one of the Burgesses of Parliament for Northampton, (which he would fain have obtained both by fair means and threatenings) he presently cited many to the Court, and there troubled them. And amongst the rest, the said Mr. Martin, having about 3 years past, by the Consent of the Minister, Churchwardens, and Parishioners, built a Seat in the Church for his Children and Servants, for their better hearing of Divine Service and Sermons, was cited before him about the said Seat; and the Chancellor took it away from him most unjustly, (having cost him 3 l. building of it) and gave it to 3 of the stubbornest Fellows in the Town, all opposers to Authority, and one of them for his vicious life bound over to the Sessions, and put out of the Common-Counsel of the Town for the same, and since presented into the Spiritual Court, for Incontinency with 2 Women; and yet Mr. Middleton, one of the Surrogates, graced him publicly in that Court, and said, he was thrust out of the Common-Councel for his honesty. Thomas Martin. 15 May, 19 Jac. Whereas divers Complaints have been made against John Lamb, Doctor The Speaker's Order upon the Petition. Lamb, Doctor in the Civil Law. in the Civil Laws, Chancellor to the Bishop of Peterborough, for divers Extortions, Oppressions, and Misdemeanours, by him and his under- Officers committed, in the execution of the said Office in the said Diocese, and elsewhere. And whereas also it is informed, that you whose Names are hereafter set down, can testify mutually against the said John Lamb, These are therefore by the direction, and on the behalf of the said House of Commons, to require you and every of you, that you make your personal appearance at the said House of Commons, the 29th. day of this instant Month of May, to testify your knowledge in the premises: Thereof I require you not to fail, as you will answer the contrary at your perils. Given under my Hand this 15th. day of May, 1621. And it was further Ordered, that Robert Sibthorp, and Richard Stockwell, should be sent for, as Delinquents. X. Journ. Dom. Com. 21 Jac. 10 Martii. Mr. Glandvile reports from the Committee of Privileges, the Election of Monmouth, and by an Order from the Committee, The Case of Mr. Steward, a Scotchman, elected to be a Member of Parliament, but rejected, because a Denizen. Monmouth was heard yesterday: And they received this morning a Petition, that Mr. Walter Steward was returned, and that they think his Election not good: They object against him, because a Scotchman, and not Naturalised. He forbore to come into the House, till he had leave. The Case of one Lennis Monck, a Denizen, returned and sat here; and so Sir Horace Palavicino. The Committee delivered no opinion in it: Two Orders and two Petitions delivered in, to have these heard in order as they come in. Resolved that those which are already in, shall be proceeded in, in order as the Petitions were delivered. Mr. Glandvile thinks Mr. Steward ought not to sit here, because at the time of his Election he was uncapable of it; he that is made a Denizen, is not as an Englishman, That but only personal. Sir Dudley Diggs in that Parliament when Bacon Attorney was in question, whether he ought to sit here or no, overruled he ought not; yet in favour of him he was suffered to sit here, and an express Order that never any other Attorney after should. To do the like by this Gentleman. Sir Edward Cook. No Alien Denizated aught to sit here: Tros Tiriusque mihi nullo discrimine habetur. the other passed sub silentio. Some sit here that are under age, and ought not to sit here, because not questioned. Resolved that Mr. Steward hath dealt very worthily in forbearing to come and sit in this House. Veneris 28 Maii. Mr. Glandvile goes on with his Report: Resolved upon Question, the Election of Mr. Walter Steward being no natural born Subject, is void, and a Warrant to go for a new Writ for Monmouth. XI. Journ. Dom. Com. 21, 22 Jac Regis, Veneris 7 Aprilis. Sir Robert Phillips reports from the Committee for Courts of Justice 3 Heads: The Case of the Lady Darcy, against the Bishop of Lincoln, Lord Keeper of the Great Seal of England. First, The Petition of the Lady Darcy; in it is a Recital of her Husband's dying seized of the Manor of Sutton in Surrey; with the Advowson; a Grant was made to her and another by the Court of Wards, of the Body and Estate of her Son, The Lady and another were Grantees of an Heir by the Court of Wards Then presented a Clerk to the Bishop of Lincoln, but refused, who presented another. The Lady sues for a Writ of Quare impedit. The Cursitor denies it by Order of the Bishop being Lord Keeper. Whereupon she complains to the Commons, who refer it to a Committee. Debates in the Committee. 1 Aug. 21 Jacobi, the Incumbent died; so she presented her Clerk to the Bishop; so the Lord Keeper, 3 Septemb. presented Doctor Grant, the King's Chaplain. She was advised to seek her ordinary Course by a Quare impedit, which was denied by the Cursitor, who said, the Lord Keeper gave directions for it to be sued to the King, desires of this Assembly to have relief; this Petition was retained by the Committees, Parties on both sides appeared, and Council. It came into question, whether an original Writ might be stayed; the Lawyers vouched some Precedents for it in Chancery; the Committee concluded these were not proper in the Cause, and not to be followed, desires an Accommodation of this Business between the Lady and the Doctor; they gave a time, for yet they are clearly of opinion, that the Lady had lost her Right, Proposals by D. Grant, whom the Bishop and Lord Keeper had presented. and to the Heir doubtful for him. They received a Petition from Dr. Grant, who made four proffers: First, he would willingly go to a Trial with this Lady, without taking advantage of lapse of time: If that could not be, he would pass an Act of Parliament to set her in statu quo: 3ly. would refer it to four Judges; to six Lawyers of this House, if they should say the Right was hers, he would resign. The Committee had an Answer from the Lord Keeper The Lord Keeper's Answer and Excuse. of two parts: First, for the denial of the Quare Impedit, not his purpose to justify it, but to extenuate his proceedings therein. A Question there was between the two Courts, and no good correspondency between the Judges; it was presently after his coming into the place, neither corruption nor malice was in his proceedings: he offered a Living equivalent of this, to the Lady: he would satisfy the Lady by any means this House should direct, and would labour to get Grant from his Majesty to sell to the Heir; he had never before, nor would do the like; and returned thanks to the House, for their favourable Interpretation of this his Error. The Lady Darcy gave a Negative Answer to all; The Lady will stand and fall by Judgement of the House. she had appealed to the House, could find no better Judgement, and to this she would stand. The Committee Considerations in the Committee. took two things into their consideration, the Ladies own particular, and the public; For the first, they thought it the safest way to put in a Bill; she was satisfied with this answer: For the second, the denial of the Writ, Who delivered no Opinion, leaving all to the House. divers proposals made, but at last resolved to present it to the House without any Opinion of theirs, touching the Offence and Error of the Lord Keeper, was directed to report the whole Narrative to the House. Mr. Brook said, Debates in the House by several Members thereof. he had never any person in admiration for advantage, had read the Law, there is a Market overt of the Law, the Common Pleas, and the Chancery, the Shop of Justice, the Chancery, First, No doubt it's a great fault to deny an original Writ in the Chancery, but not so much as to deny a Fine in the Common Pleas; just Excuse, and the offer of Amendments, doth much extenuate the Offence, which is but singular; the Lord Keeper might do this, to vindicate his Right from the Usurpation of the Court of Wards; it cannot stand with the Gravity of this House to transmit it; a man for one single offence; this will be admonition enough to him, Nota. that it hath been thus agitated in this House. Sir James Parrot argued the offence of the Lord Keeper, in the denial of an original Writ; some Excuses are alleged: First done within a short time after he came in ignorantia Juris, in a Judge. Another Excuse offered; a Contention between two Courts; this rather aggravates than extenuates his offence; being his own Case, he ought not to have stayed Justice; this thought a sole fault, yet a great fault; But he thinks it not a sole fault. He is informed, that there are more Faults of the like kind objected to the Lord Keeper: Proposed, To have that examined; then it will be a sole fault; two other Petitions before the Committees before the Lord Keeper, of Mrs. ' Thomas, and Sir Francis Fuliambe; to have these two fully heard tomorrow, and then to grow to a Resolution of this; in the mean time to have the Cursitor examined about the other, whether another Quare impedit, or Ne admittas was not denied. Sir Thomas Hobby moved to begin in order with the parts of the Reports: First, To the Writ that which is amiss in the Inheritance, and then to consider of the Faults, to have the Bill read. Mr. Price alleged, no corruption nor ill intention appears in the Lord Keeper; a difference between things evil in themselves, and evil by success; the Lord Keeper came young to his Place, and from a strange speculation, and found this Precedent; therefore to have some course taken to right the Lady, and to limit that vast Court. Mr. Solicitor thinks the Answer of the Lord Keeper's very fair and satisfactory, if it be rightly understood; and so the Debate went off. XII. The Debate goes off. Journ. Dom. Com. 21 & 22. Jac. Regis, Veneris 7 Maii, 1624. The Case of the Bishop of Norwich, impeached by the Commons. Sir Edward Cook reports from the Committee of Grievances, a Complaint against the Bishop of Norwich; the charge is great and strange, consisting of four parts. First, The first head of his Charge▪ the City of Norwich having 34 Parishes, he sent for the Preachers of the City, and told them they had preaching enough, and the morning preaching needless, wished them to cease the Morning's Exercise: this aggravated by divers Circumstances, a Letter written to him by the Metropolitan, about the King's pleasure for preaching after this his Inhibition; the Cathedral Church, the Elbow of the City, not above 2000 can hear, yet all to come thither, The second head. above 20000 people in Norwich. The second, * Vide Rot. Parl. 17 E. 3. n. 59, 60 Vide Pult. Stat. 35 E. 1. fo. 92. Fox vol. 1. f. 501▪ Rot Par. 21 E. 3 n. 1. 63. There came up Images and Crucifixes, counted Laymens' Books, and the Lord Bishop blessed those that set up those Ornaments; a Dove in the Font, The Stat. of Provisors, 25 E. 3. Rast. f. 98 Rot. Par. 38 E. 3 Rot. Par. 47 E. 3 n. 30. fluttering over the water to sanctify it. Rot. Parl. 18 E. 3. num. 32, 33, 34. the Commons dealt with the Provisors, they complained they had not Spiritual food, Rot. Parl. 3. R. 2. n. 37. for Cardinals put into Church's Rast. Stat. 16. R. 2. cap. 5. Shoemakers and Tailors. 50 E. 3. called bonum Parliamentum, a complaint of the Pope's usurpation, Item, The King at the prayers of the Commons, showing to him by Petition, how that Priests become very scant after the Pestilence, to the great grievance and oppression of the People, hath spoken to the Archbishop of Canterbury, and the other Bishops, being in the arliament, to set thereupon a Covenable remedy; which Archbishops and Bishops, at the motion of the King, and of the great men, said in the same Parliament, that they have thereupon ordained in certain; that is to say, That the pain of Parish-Priests, by any manner of colour, receiving above 6 Marks, and other yearly singing, and not intending the Cure of Saul's, taking above 5 Marks, without the Bishop's dispensation, and suspension of their Office, if they within the Month make not restitution, to the use of the Church in which they sing, of that that they have above received. And the pain of People of holy Church, giving above 6 Marks or 5 Marks to Parish-Priests, or other yearly singing, as afore is said, is to pay the double of that that they do excessively pay, to be converted to the use of Alms, at the Arbitrement of the Diocesan of the Place; and all manner of Priests, intending their proper Service, as yearly singing, shall serve the Parishes, and be attending to the Cure of Souls, as he by the Ordinaries of the Place, or by them to whom he attaineth, shall be required, upon pain of suspension of their Office, which they shall incur upon the deed, if they within the 20 days after that they shall be required, be not obedient to such requests. And that no Priest, passing from one Diocese to another, shall be received there to sing Divine Service, unless he show to the Diocesan of the Place, Letters commendatory, of the Bishop in whose Diocese he last before dwelled. Wherefore the King, by the Assent of the Great Men and Commons, hath ordained, That if any secular man of the Realm, pay any more than Five Marks to any Priest yearly in Money, or in other things to the Value; or if he pay to such Priest, retained to abide at his Table, above 2 Marks, for his Gown, and his other Necessaries, (his Table accounted to 40 s.) and thereof be attained, he shall pay to the King fully as much as he paid to the said Priest. Rast. Stat. de Anno 36 E. 3. fol. 118. cap. 8. not feeding the Flock; Rome called the Sinful City, and that all the Ill that hath befallen this Kingdom, hath come from thence. 17 R. 2. num. 22. 11. H. 4. and a great many more Precedents; so that this complaint is proper for this place. The third was, The 3d. head. Extortion by orders of the Archbishop; and by their own Canons the jees set down, these very much exceeded. 4. Old Institutions now registered, The 4th. head. which is very dangerous for disherisons. They have not heard his defence. 40 E: 3 inter Brevia, a complaint against the Bishop of Hereford for Nonresidency, not lying within his Diocese; all Bishops ought to be Resident, unless they be in the King's Service: where the People are not taught, the King hath but half Subjects; the readiest way to make Rebellions. The Committee thought it worthy to be transmitted up to the Lords. Resolved upon Question without a Negative, That this matter shall be transmitted up to the Lords, Sir Edward Cook to do it, and a Message to be sent to the Lords for a Conference about it. The Commons desire their Lordships for a Conference, Die Sabbathi, viz. 8 die Maii, 1624. Jour. Dom. Proc. Message from the Lower House, by Sir Coke, and others touching some Accusations against the Lord Bishop of Norwich, (unto which his Lordship hath not yet been heard) Humbly leaving the time and place to their Lordship. The Lords appointed the 15 th'. Die Mercurii, 19 Maii. of this Month to confer with the Commons, The Lords appoint a day for Conference with the Commons. touching their Complaint against the Lord Bishop of Norwich; being returned, the Lord Arch Bishop of Canterbury, reparted the same to the House to this effect, viz. That the Commons had received of Complaint exhibited by the Citizens of Norwich, The Archbishop of Canterbury reports the heads of the Conference. against the said Lord Bishop, and to show that it was ordinary for the Commons to complain of the Governors of the Church, Authorities for the Power and Right of the Commons to meddle in this Cause. divers Records of Parliament; were cited, viz. Anno 25 E. 3. 17 R. 2. and 11 H. 4. all which were cited to satisfy tacit objectionis, for their meddling with a cause of this nature. That the charge against the Lord Bishop consisted of six parts. Their Charge against the Bishop under six Heads. Preachers. 1. That he inhibited or disheartened Preachers on the Sabath day, in the Forenoon. 2. That Images Images. were set up in the Church, and one of the Hoey Ghost, fluttering over the Font, and a Marble Tomb pulled down, and Images set down in the room, and the Bishop blessed them that did it. 3. Prayer towards the East. Catechising, and singing Psalms. That he punished those that Prayed not toward the East. 4. That he punished a Minister for Catechising his Family, and Singing of Psalms. Nota. 5. That he used Extortion Extortion. many ways. 6. That he did not enter Institutions Institutions not entered. to the prejudice of Patrons. For the first, The 1st. head concerning Preachers. it was said that there was 34. Churches in Norwich, and in those Parishes 30 or 40000 People; That the Lord Bishop sent for the Preachers by Apparitor, and told them there was no need of Preaching on Sunday in the Forenoon, except in the Cathedral Church, where 2 or 3000 only could hear, many dwelling three quarters of a Mile off, and many being old, and not able for their Age to come so far. That this Inhibition was, when the King had commanded more Preaching. That his Lordship connived at Recusants: All which was to the disheartening of good Professors. It may be objected, his Lordship allowed of Catechising, ergo no Preaching necessary; but he commanded to ask bare Questions, and nothing else, ergo no Instructions. That this is done against the Canons of the Church; and that there is no obedience without knowledge the outward man is not conformed, unless the inward man be reform, and cited the Canons. Quicunque contrist averit Doctorem veritatis, peccat in Christum; and the Canon, 1 Jac. c. 45. for Command of Preaching, For the 2d. The 2d head touching Images. touching the setting up of Images, it was said to be against Acts of Parliament, against the Canons of the Convocation, the Book allowed in the King's time of 28 H. 8. c. 30. against Images; Pilgrimages will follow, against 3 E 6. and the Homilies approved, Anno 1 Eliz. forbidding of Images in Churches. The 3d. The 3d. head concerning Prayer towards the East. for Prayer to the East, which Gratianus affirms, came by Tradition, part 1. Decret. 11. and that it is Superstitious, Lingwood in his Gloss. Lib. 2. Title de Feriis, non refert si versus orientem, etc. That the Lord Bishop Excommunicated many, and enjoined Penance to divers for not Praying to the East, and some did their Penance, with a which Rod in their hand for proof, whereof it is under the Bishop's hand. The fourth, The 4th head touching Catechising and singing Psalms. one Peck a Minister Catechised his Family, and song Psalms, and his Neighbours came in on the Sundays after Evening Prayer, and the Lord Bishop enjoined them to do Penance, for this their resorting to Catechism, and singing of Psalms, and to say, I confess my Error; which Acknowledgement is under the Bishop's hand, they which refused, were Excommunicated, and paid 7 l. charges. 5. The 5th. head touching Extortion. Touching Extortions was shown, That in the Table of Fees, is set down, from Institutions 24 s. 8 d. whereof to the Bishop 10 s. That this Lord Bishop is Register also; and now his Lordship taketh for Institutions 3 l. 5 s. and for united Churches double, viz. 6 l. 10 s. and that Communibus Annis, there are 100 justitutions. For admission into sacred Orders, nothing should be taken; if any, it is Simony; yet the Lord Bishop hath now taken 30 s. or 28 s. the Bishop and Register being all one. To serve Cure, 5 s. is due, his Lordship taketh 6 s. 8 d. To teach School, 3 s. 4 d. his Lordship taketh 6 s. 8 d. and if of ability, 10 s. For every Consignation of a Decree, 4 d. which cometh to 3 l. per annum, for which there should be nothing paid, no Consignation being in the Table, but with another Hand set down in Archbishop Whitguift's Hand. Sixthly, The 6th. head touching non-Registring of Institutions. That the Institutions to Benefices are not registered, which overthroweth Patronages, if it be returned, Scrutatis Archivis non invenitur, when the Right comes in question; yet the Fees are greater than before: The Commons The Conclusion of the Commons. concluded with these two Remembrances. The first, That they received this Complaint before Easter last, yet they proceeded not in the Examination thereof, till they received a Certificate of the Mayor of Norwich. The second is, That there is a Law that none shall be punished for complaining in Parliament. This Report ended, The Bishop stood up and Answered the Charge of the Commons. His Introduction. the Lord Bishop of Norwich stood up in his place, and answered the same to this effect, viz. The Answer of the Lord Bishop of Norwich, to the Complaint of the Commons. First, his Lordship confessed the Charges in the said Complaint to be so great, and so grievous, that, were he guilty thereof, he would desire himself to be punished: Which, whether he be guilty, or not, he will leave to their Lordship's most exact and severe Examinations; wherein he desired them not to spare him, and he would ever acknowledge and commend their Justice and Honour. His Lordship protested he was not way guilty of the first part of his Accusation; If he were, than he was unworthy to bear the name of a Clergyman; and showed the unworthiness of such as should dishearten Preachers from Preaching the Word of God: His Lordship showed also, (desired first that he might not be taxed with Ostentation,) his own Practice in Preaching, while he was Vicar and Parson, That he Preached every Sabbath in the Morning, and Catechised in the Afternoon, and that he continued the like in Chichester, when he was Bishop there. That in Norwich he never miss the public Place, and ever Preached there against Popery, though he had been an unprofitable, yet he had not been an idle Servant, which was now his only comfort. As touching Preaching and non- Residents, he hath been reckoned more than half a Puritan. His Lordship remembered his manner of leaving his Service with the late Lord Archbishop of Canterbury, that he might go to his Cure. His Lordship wondered why he should be thought a Papist; he thought it might be long of his Disputation, and his Sermon at Paul's Cross of Predestination negative, unadvisedly preached by him, for which he was checked by the Lord Archbishop Whitguift, and commanded to preach no more of it; and he never did; though Dr. Abbot, Bishop of Sarum, hath since declared in Print, that which he then preached to be no Popery; That Popery is a fire that will never be quiet: He hath preached 100 Sermons since, and nothing of Popery can be imputed unto him out of any of them. That there be divers Obstacles to keep his Lordship from Popery. 1. The Usurpation of the Pope of Rome. His Lordship affirmed, That no Power on Earth can touch a Prince; and that therefore he abhorred the Usurpation of the Pope over Princes. 2. Their Religion is died with Blood. The practic course of their Religion is all by Juggling and feigned Miracles, of which his Lordship had written a Book against them, which was never yet answered. 3. That he never spoke with Priest or Jesuit, nor ever invited a known Recusant to his Table, for they never say Amen to our Prayers. 4. That their Equivocation is the last, worse than which nothing can be; his Lordship held it much better to talk with the Devil, than with such. Then his Lordship professed himself to be a true Member of this Church, and acknowledged the Church of England to come nearest to the Primitive Church; that we fetch not our Reformation from Wickliff, Hus and Luther, of later Times, but from the first 400 years' next after Christ. 1. His Lordship's answer to the first head, Preachers. As touching the first part of the Accusation: His Lordship confessed, That 6 or 7 of the abler sort of Ministers in Norwich, used to expound in their own Churches before the Sermon begun in the Cathedral Churches, and many resorted from other Places to those Expositions, (for all the Churches have not Preachers,) and in the Afternoon to their Sermons. The Preachers themselves found fault with this, being willing to be rid of the pains, as his Lordship thought; for they were to preach in the Afternoon, and in the Weekdays, and showed him many Disorders therein, which they pretended; as the cutting off part of the Prayers, or their beginning so early, that many could not come to the Common Prayers, and the like; and they besought his Lordship to remedy it, for that they being but stipendiary men, were loath to do it, for fear belike to lose their Stipends. Whereupon his Lordship sent for them by an Officer, and willed them to omit those Expositions in the Forenoon; and yet his Lordship hath since taken order for the erecting of three Sermons, in the most remote Places of the City from the Cathedral Church; and his Lordship hath erected many Lectures in several Places in the Country. 2. As touching the Images His answer to the second head, Images. in the Church, what was done is done without his knowledge. It is meant by St. Peter's Church, that his Lordship never saw that Church, till one Evening as he came by; and being often before informed of much Cost done upon that Church, he went in, and kneeled down to his Prayers, as his use is; and when he rose up, perceiving that they had bestowed very great Cost, and not seeing or knowing at all of any Image set up there, he said, God's Blessing on their hearts, that had bestowed so much Cost on God's House. 3. As touching Prayer His answer to third head, Prayer towards the East. to the East, he never enjoined it, nor heard of it till now. 4. For the 4th. His Answer to the 4th. head, Catechising, and singing Psalms. part of his Complaint, he perceiveth, That he hath been sifted for the whole course of his Life: That this Peck was sent to his Lordship by the Justices of the Peace, for an Assembly late at night in his House, his Catechising being but a colour to draw them thither: That this Peck had infected the Parish with strange Opinions; as not to kneel when they came to Church; that the Name of Jesus is no more than a common Name, and that it is Superstition to bow down at the Name of Jesus. His Lordship further affirmed, That this Peck had been formerly convicted for nonconformity, Annis 1615, & 1617. and for Simony, and Conventicles in his Neighbour's house, as appears by the Acts of the Register, Fatetur. And that Anno 1622. he was taken in his House with 22 of his Neighbours at a Conventicle: That he was now bound over by a Justice, and so brought to his Lordship, and his Sentence against Perk was only, That he should confess his Fault. The others mentioned in this part of the Charge, were punished for their Opinions also, making no difference between an Alehouse and the Church, till the Preacher be in the Pulpit. His Lordship said, He much confessed his fault, that in the Penance he enjoined them, he caused them to confess their Errors, omitting their resort to Conventicles, which he did at their own earnest suit. 5. His Answer to the 5th. head, Extortion. His Lordship absolutely denied, That he improved any Fees, and affirmed, he hath not any of those Fees that are complained of, only the Fee for Institution, which he took as his Predecessors did; if therein he hath committed any Error, Erravimus cum Patribus; and denied, that he ever had seen that Table of Fees, which is spoken of by the Commons. 6. His Answer to the 6th. head, non-Registring Institutions. His Lordship affirmed, That he had registered all the Institutions. This was the Effect of the Lord Bishop's Answer; which being ended, The Prince his Highness told his Lordship, That he had not answered touching the Paraphrase of the Catechism taken away by him. Whereupon his Lordship replied, That the Preachers used to choose a Text of the Creed, etc. and to ask the Child some one Question, and then to debate very long upon it, and never descend to the capacity of the Child: That his Lordship did not forbid the Explanation, but willed, that it might be Catechistically. Thus ended the Lord Bishop of Norwich his Answer The Conclusion of his Answer. to the said Complaint. It is this day Ordered, The Lords for want of time refer the Commons Complaint to the High-Commission Court to examine. And after report to the House. Which will then judge thereof. that in respect of the Straightness of time, that the Complaint of the Commons against the Lord Bishop of Norwich, shall be referred unto the High Commission, to be Exammined by them, and they to make Report thereof to the House. And then the House will judge thereof. XIII. Journ. Dom. Proc. 1 & 2 Car. 1. 10 Mart. Timothy Pinckney who had Petitioned the Lords 21 Jac. to be relieved for a Debt owing to him and others, The Proceedings of the Lords against the Bishop of Lincoln, late Lord Keeper, for refusing to obey their Order. from Sir John Kineday, and that Barn Elmes should be Sold for that purpose, which the Lords then ordered; And appointed a Commission to Issue out of Chancery, directed to certain Judges, to examine the pretences of the Creditors, and see them satisfied, he Complains now of the Bishop of Lincoln, late Lord Keeper, for refusing to grant out such a Commission, and slighting the Order. The Committee had taken the Depositions of three Persons, who had been first Sworn in the House; The Lords took into consideration this contempt of their Order, heard the Depositions read, and appointed Sir Charles Caesar, and Sir Robert Rich, to go and Examine one Kelwood, who was also present, when the said Lord Keeper refused to obey the said Order; and Minister an Oath unto him, to tell what he knows of any notice given to the Lord Keeper of the said Order, and who was present March the Second, Sir Ch. Caesar and Sir Robert Rich report the Examination of Kellwood. Upon Sir Charles Caesar, and Sir Robert Rich their Report, of their Examination of George Kellwood, touching the Bishop of Lincoln, not obeying the Order in the business of Pinckney, the Lords Order that the Deposition, after they had heard it read, and the Depositions of the other three Persons formerly taken to be sent to the Bishop The Lord's order that the Bishop shall answer under his Hand. of Lincoln, who was to return an Answer, under his hand that day following. March the 16 th'. The Bishop sends his Answer. The Bishop of Lincoln sent his Answer to Pinckney's Complaint, according to the order of March the 2 d. in Writing, to this essect; First, in general denied he should have Spoken any thing in contempt of their Lord ships Order in Parliament 21 Jac. having always in his heart, born such a reverence to them, for non Arbitramur quenquam dicere quod non sentiat, and for the particulars, as he remembers, it being two years since, that there had been a mistake in the Clerks entering it, according to the sense of the House, and Pinckney had then concealed from their Lordships, a former Reference by the Parliament, and the King himself, to the Lord Keeper, the Master of the Rolls, and some Judges, who had made a Decree in it; And admit all were true, that is complained, yet he had ommitted the time of the Complaint, of a verbal contempt, near two years being past, and two sit of Parliament, wherein he had been silent; Verbal Injuries, according to the Civil Law, must be complained of within the year, aliter remissae censentur: Contempts must be pressed the next Term, or sitting of the Court, against which they are committed; Scandalous words against the King, must be Complained of within three Months; Words of High Treason, are by the Laws confined to be Complained of within 6 Months. All Informations against any Penal Law, made, or to be made, must come within the compass of one year, unless it be Ex parte Regis, who hath a year longer; And it is impossible for any Man to give an Account, of every phrase he shall use Twenty Months after the words Spoken, Lubricum tantum linguae non est ad judicium trahendum, say the Civilians. And that his Heart did never conceive the least Derogation of any Order of that most Honourable House, on the bare intimation of any one Peer that sitteth in the same. One passage in his Answer, was, That Kellwood, and especially Kennedy (a Man Condemned to Death in Scotland for Forgery,) are Persons Infamed, and their Credits to be Examined before they be admitted as witness 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 The Bishop's Answer referred to a 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, 17 Martii. 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, And give their opinion, that the Bishop ought to acknowledge his error and offence, to be forry, and ask pardon. 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 signify 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 so ordered by the House. and ask their pardon, so Ordered. May it please your most Honourable Lordships. YOur Lordship's having resolved the order touching Pinkney of the 28 of May 1624. Die Jovis, 23 Martii. The Bishop pursuant to all which obeys. To be an Order of that Most Honourable House, Nota. truly and justly entered; His Contempt in a former Parliament censured in this. 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 Clerk's 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 Error I have herein committed, and I shall pray unto God to bless and prosper your most Honourable Lordships. John Lincoln. Which Acknowledgement their Lordships all accepted in full satisfaction from the said Lord Bishop. XIV. Ordered, Journ. Dom. Proc. 3 Car. 1. Die Martis, 27 Maii. The Case of Ensign Reined, for Misdemeanour, and Contempt against the Parliament and the Ld. Say Ensign Reined 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 Reined comes. Ordered, Die Veneris, 30 Maii, The Sergeant at Arms ordered to take him. the Sergeant at Arms to make such and so many Deputies, for the apprehension of Henry Reined, 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 Reined, Die Martis, 30 Junii. Witnesses sworn against Reined. Ensignbearer to the Soldiers at Banbury, viz. George Phillips. Obadiah Lord. John Hayns, John Hele. And being examined, Who prove the insolent and opprobrious Speeches spoken by Reined. did testify the insolent and opprobrious Speeches spoken by the said Ensign Reined, against a Peer of the Realm, and his contempt of this High Court of Parliament. The Lords considering that the said Reined was by Order of this House, sent for by the Sergeant 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, Reined hides his Head. and ever since hides his head. Their Lordship's Order. Elvenston his Captain to be sent for, to be here to morrow Morning. And the Duke of Buckingham The Duke of Buckingham promises he will cause him to be sent for. did declare his opinion, that the said Reined 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, Die Mercurii 4 Junii. The Captain affirmed he had not seen Reined. did affirm that he had not seen his Ensign Henry Reined this Fortnight, and thinks he is not in Town; He was commanded to bring him to the House Is commanded to bring him to the House when he finds him. Or inform 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, Die Lunae, 9 Junii. The Lords proceed to censure Reined. that Henry Reined 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 accounted a Soldier. 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, But the Duke informed the House he was found. that the said Reined is now found. Whereupon it was Ordered, the said Reined to be brought hither to morrow Morning. The Duke of Buckingham excused himself, Journ. Dom. Proc. die Mercurii, 11 Junii. for not bringing of Reined to his answer according to his promise; The Duke excuseth himself, because Reined shifts his Lodging. for that he shifts his Lodging every night, but promised again to do his best to bring him to morrow Morning. Ordered, If Reined 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, Die Jovis, 12 Junii, 1628. The Lords give Sentence against Reined. if Reined 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 Reined 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 The Sentence. of the Lords Spiritual and Temporal in Parliament assembled, against Henry Reined, Ensign-bearer to the Band of Soldiers Billetted in Banbury, for the Ignominious Speeches, uttered by the said Reined, 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 Reined is never to bear Arms Never to bear Arms. hereafter, but is accounted unworthy to be a Soldier. 2. He is to be Imprisoned Imprisonment during pleasure. To stand under the Pillory in Cheapside and at Banbury. during pleasure. 3. He is to stand under the Pillory, with Papers on his Head, showing his Offence; at Cheapside, London, and at Banbury. 4. That he is to be Fined at 200 l. Fined 200 l. unto the King. 5. He is to ask forgiveness here, To ask Pardon here, and at Banbury. of all the Lords of Parliament in general, and of the Lord Say and his Son, both here and at Banbury. And it was then also Ordered by their Lordships, The Lord Keeper to move the King for a Proclamation to apprehend him. that the Lord Keeper should move his Majesty, for the House of Parliament, to apprehend the said Reined, with a promise of reward unto him that that shall take him. And it was then also Ordered, The Secretary to write into the Law Countries, not to entertain Reynge. that the King's principal Secretary, shall Write unto his Majesty's Agent in the Low Countries, that he signify this censure of the Lords, unto all the Colonels and Captains there, and that his His Majesty's pleasure is, they give no entertainment to the said Reined. And the Court of Star-Chamber The Court of Star-Chamber to see the Sentence executed out of time of Parliament. is to put this sentence in Execution against the said Reined, 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 Lordship's Humble thanks, for the sense they had of his Honour, and their Noble zeal they had in preserving of it. Ordered, Die Sabbathi, 14 Junii. the Court of Star-Chamber to put in Execution the Sentence against Reined. XV. Whereas George Gardiner did lately stand in the Pillory, Journ. Dom. Proc. 1 & 2 Car. 2. 13 Jun. The Case of George Gardiner, for counterfeiting Protections. 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 threatening 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 scandalising 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 mere vexation, as in the Petition of the said Henry Lane is contained. It is Ordered, the said Gardener and Buttrice to stay all Suits against the said Lane, for the Causes in the said Petition contained. XVI. Journ. Dom. Com. 3 Ca●. Friday, 9 May. Sir Walter Earl Reports from the Committee about the Deduty-Lieutenants. Sir William Welby, The Case of Sir William Welby a Deputy Lieutenant, for raising Money, and illegal Commitments. 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 Country in military Affairs, but it is for the Charges of himself and others at Musters. Also he having two Sons Captains in the Country, he order that every Soldier 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. His Warrant. refuseth to pay certain sums of Money for military Affairs; These are by virtue of our Deputy- Lieutenancy to require you, to bring the Body of I. S. etc. before me, or some other Deputy- Lieutenant. I send you herewithal the Body of I. S. And Commitment. 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, Sent for by the Sergeant. that he be sent for by the Sergeant, and brought to the House. Saturday the 10th. His Answer at the Bar. 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 Country for 40 years; and as for 6 d. a piece, that is paid by every Soldier 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 virtue of an Order made at the Sessions in the Country, 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, To attend the Committee and House. that he should attend the Committee from day to day, and this House also, whensoever he should be required. XVII. Journ. Dom. Com. 3 Car. Wednesday, 21 May. A Complaint was made against the Mayor of Chichester, by one Mr. higgon's, who complained, that a Lieutenant with four Soldiers came to his House, The Case of the Mayor of Chichester. and surprised him in his Study, and he sent for the Mayor to see the King's Peace kept; and the Mayor contrary to his duty, sent no aid; and at a Sessions to inquire of a Riot, the Bench and the Hall was full of Captains and Soldiers, so as he withdrew himself; and they Indicted him for Assaulting a Soldier, and it was found. Cox also complained against the Mayor there, who sent a Sergeant to them, to demand Twenty Shillings by way of Loan; which being refused, six Soldiers 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 Soldiers came from the Mayor's 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 Precedents, 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. Vide the ancient Rights of the Commons of England asserted, etc. p. 13. 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. Inter Communia 17 E. 3. penes Rememeratorem Domini Regis in Scaccario Recerda War. de priore de Coventry at● tach. pro transgressione. 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. Ibid. Anno 32 H. 3. The great Men and Commons of their free and mere Will gave a Subsidy in Parliament to Marry the King's Eldest Sister to Frederick the Emperor. 4. Rot. Pat. 37 H. 3. m. 12 dorso. Anno 37. at a Parliament then held at London, concerning the great Affairs of the Kingdom, and Foreign parts, Magna Charta was confirmed, Rast. Stat. so. 15. Rex Magnates & Communitas populi being present; and by their consent the Grand Excommunication against the Infringers of Magna Charta was denounced. 5. Rot. Pat. 42. H. 3. m. 4. Anno 42 H. 3. In the Parliament at Oxford several Ordinances were made for Redress of Grievances, A la request de noz haus homes è prodes homes è de Commune de notre Reaume, at the request of the high Men, the good and honest Men, and of the Commons of the Realm. 6. Anno 48 Rot. Pat. 48. H. 3. m. 6. dor. Forma Pacis inter Regem & Barones. H. 3. The Articles of Peace between the King, Prince and Prelates, Peers and all the Commons of England were generally and unanimously approved of, at a Parliament at London, De consensu voluntate & praecepto Domini, Regis, necnon Praelatorum, Baronum ac etiam Communitatis tunc ibidem praesentium, By the unanimous consent, will and command of the King, of the Prelates, Barons, and also of the Commons, being there present. 7. 49 Rot. Pat. 49, H. 3. m 13. intus n. 54. H. 3. The King complains that the Earl of Gloucester and others had circumvented Prince Edward. Et ad partem suam, proh dolour proditoriae attraxerunt proprii contemptu Sacramenti. Against the form of the Kings and Prince's Oath, of the Prelates, great Men, & Communitatis Regni unanimi assensu & voluntate nuper London, provis. 8. Anno eodem, Rot. Claus. 49. H. 3 m. 11. dor. in Schedula The Knights, Citizens and Burgesses were summoned to Parliament in the Utanes of St. Hillary, nobiscum & cum Praelatis & Magnatibus nostris tractaturi & Consilium suum impensuri, To treat and give their Counsel with the K. Prelates, and great Men, touching the settling of the disturbed condition and state of the Kingdom. 9 Anno 51. Rot. Pat. 51 H 3. m. 16. pro pace inter Regem & Com Gloucester H. 3. The King, per le Conseil & lassentement le * Richard Earl of Cornwall. Rei de Alemaine, & de Countess, & de Barons & deal Common de laterre, By the counsel and assent of the King of Almain, and of the Earls, and Barons, and of the Commons of the Land, pardoned and released the Earl of Gloucester, and all his Company, etc. 10. Ibid. And the King in the same Parliament, per le Conseil & lassentement le Rei de Alemaine & les Countess, & de Barons, & le Commons de laterre, By the counsel and assent of the King of Almain, and of the Earls, Barons and the Commons of the Land, pardoned and released the Londoners, etc. 11. Anno 54 Rot. Pat. 54. H. 3. H. 3. The King and Prince having undertaken the Crusado for the Holy-land. Quia tamen Praelatis Magnatibus & Communitati Regni non videtur expediens neque ratum, that they should be both out of the Kingdom istis Temporibus. It was agreed the Prince should go, and a Subsidy was granted to the Prince by the Parliament. 12. Anno 11 Rot. Wal. 11 E. 1. m. 4. n. 2. dorso. E. 1. Lewellin Prince of Wales being in Rebellion, the King undertakes the War against him, de Consilio Prelatorum procerum & Rot. Claus. 28 H. 3. m. 8 dor. Rex, etc. Sciatis quod de- Communi Consilio Regni nostri provisum est quod erimus apud Novum Castrum super Tinam cum equis & armis die Sancti Petri Advincula pro quibusdam transgressionibus quas Rex Scotiae Nobis fecit emendas super eum conquerendas nisi etc. magnatum necnon totius Communitatis ejusdem Regni, by the Counsel of the Prelates, Peers, great Men, also of the whole Commons of the Kingdom. 13. Anno 28. Rot. Claus. 28. E. 1. 1m. 3. dor. E. 1. The King in his Writ of Summons to Parliament, Rot. Claus. 24. E. 1. m. 4. d. de Parliamento tenendo, The French King having invaded Vascony by Fraud and Wickedness The K. in his Summons to Parliament, saith, Quod omnes tangit ab omnibus approbetur sic & invit evidenter ut communibus periculis per remedia provisa communiter obvietur, for praevisa jacula minus ledant. directed to the Sheriff of Cumberland, saith, volentes cum Prelatis, Commitibus, Baronibus & Magnatibus supradictis & cum aliis de Communitate dicti Regni super hoc & quibusdam aliis arduis negotiis nos & statum Regni tangentibus habere colloquium & tractatum, etc. 14. Plita Parliamentaria p. 318, 320. Anno 35. E. 1. At the great Parliament held at Carlisle, the Record saith, that Knights, Citizens and Burgesses were summoned to the Parliament, Ad tractand. etc. Super ordinatione & Stabibilitate terrae Scotiae, necnon aliis negotiis dictum Regem & statum Regni sui spetialiter tangen. being the same Words which were for the great Lords in their Summons. 15. Anno 9 E. 2. At the Parliament Inter memorand a Parliamenta, 9 E. 2. m. 18. at Lincoln, the King in plein Parliament caused to be declared the causes of the Summons thereof, Pro diversis & arduis negotiis ipsum & statum Regni, and especially pro statu terrae suae Scotiae perimimicos suos pro parte occupata supplicans & injungens Praelatis proceribus & caeteris fidelibus subditis suis ibidem existentibus ut sibi in praemissis consulerint & sibi facerent auxilium oportunium, which they did. An. 16 E. 2. A Marriage being propounded between Prince E. after E. 3. and the Daughter of Charles of Valois. The King (not when he was under the power and fear of the Barons, but after he had vanquished them, and had beheaded Thomas Earl of Lancaster his Uncle, and was attended and guarded by his two great Minions the Spencers,) declares in his Letter to Charles, thus Recorded. De Matrimonio inter Edwardum Rot. Claus. 16. E. 2. m. 7. dor. primogenitum Regis & filiam Caroli Comitis de Valois contrahendo. AVdivimus & super eisdem deliberationem hujusmodi cum aliquibus de nostro Consilio & tractatum-Verum quia tam nobis quam illis visum est non esse expediens neque decens quod contractus hujusmodi absque Praelatori & Magnatum Regni nostrim Consilio & assensu in Parliamento requirend. & firmaretur, & vestrae sinceritati duximus intimand. quod cito post festum Sancti Mich. prox. venture. Parliamentum nostrum proponimus convocare & tunc de Commum Consilio super dicto negotio ordinare curabimus quod vobis placitum nobisque & Regno nostro utile fore videbimus & decorum that. apud Thorp. juxta Ebor. 6. die Junii. And King Edward further writes to Charles King of France and Navarre about that Marriage. Rot. Claus. 16. E. 2. m. 7. cor. Set super eodem in prox. Parliamento nostro quod statim post festum Sancti Mich. prox. futuri tenere proponimus deliberationem & tractatum pleniorem habere intendimus & tunc inde taliter ordinare quod inde debebetis merito contentari Dat, etc. 16. Anno 13. Rot. Par. 13. E. 3. pars. 1. m. 11. E. 3. licet nuper de Consilio & assensu Praelatorum & procerum & Communitatis Regni nostri nostrum assumentes passagium ultra mare, etc. 17. Anno 14 Rot. Parl. 14. E. 3. pars 1. n. 2. E. 3. It was proposed to the Grauntz & autres des Communes in Parliament, to treat and ordain touching the War then with France, the keeping of the Peace of the Land, and the marches of Scotland, and of the Sea. 18. Anno 17 Rot. Parl. 17. E. 3. n. 8, E. 3. It was propounded in plein Parliament that the War was attempted and begun by the common consent des Prelatz, Grantz & Communes, and that the King would not treat of Peace without their assent, and thereupon it was commanded to the Prelates and Grantz to assemble themselves in the Chamber Blanch to treat, conclude and assent amongst themselves, whether the King should send Ambassies to Rome, to show and propose his Title to France before the Pope; and in the same manner it was charged the Knights of the Shire; and the Commons to assemble in the Chamber depeint, Nota. to treat, conclude and assent amongst them upon the same business, and to give their Answer, & lour assent en dit Parliament. 20. In the Parliament 18. Rot. Parl. 18. E 3. n. 5. vide Rast. Stat. fo. 86. E. 3. The King by his Chancellor prayed and charged the Prelates, Earls, Barons and Commons, that they would consider touching the Articles of Truce between the King and France, and that they would mettre leid & le Conseil give their Aid and Counsel for the Salvation of the Rights and Honour of the King, & de eux meismes, and of themselves. 21. Rot. Parl. 28. E. 3. n. 58. Sir Bartholomew Burghurst the King's Chamberlain declared in Parliament, That there was a Treaty of Peace between the King and the French, and good hope of a final Accord, but the King would not conclude sanz assent des Grantz & ses Communs; Whereupon the Chamberlain required and demanded, on the behalf of the King, whether they would assenter & accorder to the intended Peace. To which the Commons d'unassent & d'unaccord. Answered, that what Issue the King and Grantz should take in the said Treaty, should be agreeable to them: Upon which Answer the Chamberlain said to the Commons, Than you will assent to the Treaty of Peace perpetual, if it may be had; to which the Commons Answered, Entierment & unement. oil oil, yes, yes; And thereupon it was commanded, that Master Michael de Northburgh, garden of the Privy-Seal, and Sire John de Swinley Notair Papal, should make an Instrument public thereof. 22. Anno 43 Rot. Parl. 43. E. 3. n. 1. E. 3. The Chancellor, in his Oration before the King, Lords and Commons, thus expresseth himself: Sires, the King in all his great business which concerned himself and his Kingdom, de tout temps, hath acted and done, by the counsel and advice of his Grandz and Commons of his Realm, which he hath found in all his Affairs, Bons & Loyalz, good and faithful, for which he thanketh them, de grant ever & volunte, and that it was not unknown to them that the King had taken upon him the Claim and Right to the Realm of France, per lavis & conseil de ses Grantz & Communes, by the advice and counsel of his great Men and Commons 23. Rot. Claus. R. 2. n. 37. 7. 7 R. 2. The King called a Parliament, to consider of a Peace between him his Kingdom, Lands, Dominions, and Subjects, ex una parte, & magnificum principem Robert of Scotland, and his Lands, Dominions, and Subjects, of the other part; mediante consilio & assensu Praelatorum procerum magnatum & Communitatis Regni Angliae, by the counsel and assent of the Prelates, Peers, and great Men and Commons of the Kingdom of England. I will pass over the rest of the several Authorities in this King's Reign, and so of H. 4. except this one. 24. Ex Rot Parl. tenti apud Glouc. 20 die Octobris Anno Regni Regis H. 4. Post Conquestum 9 m. 8. n. 21. indemnity des Signior & Communes. In the Parliament 9 H. 4. in that great Record called Indompnitié des Signior & Commune●, the King, by the advice and assent of the Lords, willed, granted and declared that in that and all future Parliaments, it should be lawful for the Lords to debate and commune amongst themselves, de Lestate du Roiaume & la remedie a ce busoignable of the state of the Kingdom, and the necessary Remedies; and it should be lawful likewise for the Commons on their part to commune in the same manner. 25. Rot. Parl. 3. H. 5. pars 2. Anno 3 H. 5. The Chancellor at the Re-assembly of the Parliament, declares, (the King being present) the causes of their calling; which was, that Peace had been offered him by his adversary of France; the which, without the assent and good Counsel of the Estates of his Realm, he would not conclude; And that the King of the Romans desiring Peace and Unity in the Church Universal, and also between the Christian Realms, was come over hither with Propositions, which he had not yet declared to the King, but in a short time would show them. Upon the which, the King would take the Advice, de son tressage Conseil, of his most wise Counsel. 26. Rot. Parl. 4 H. 5. n. 14. Anno 4 H. 5. The League and Alliance between the King and Sigismond the Emperor and King of the Romans was ratified and confirmed, La confirmation des Alliances perentre le Roy & le Roy des Romains prisez & accordez upon due and solemn Treaty thereof, by the common consent and assent of all the Archbishops, Bishops, Dukes, Earls, Barons, & toute autres Estates Espiritualz & Temporalz, and other Estates Spiritual and Temporal, and also of the Commons of this Realm, in the said Parliament assembled. 27. Anno 9 Rot. Parl. 9 H. 5. pars 1. n. 14. H. 5. A Peace being concluded between Henry King of England, Approbatio pacis inter Regem Angliae & Franciae nuper conclusae. and Charles' the French King, it was mutually agreed, that the Articles thereof be ratified and confirmed per tres Status, of both Kingdoms; which being approved, concluded accepted and allowed of, by the three Estates in France, videlicet, Praelator. & cleri necnon Procerum & Nobilium, ac etiam civium Burgensium civitatuum villarum & Communitatum dicti Regni. The Articles was after mature deliberation confirmed per tres Status Regni, Angliae vid per Praelatos & clerum nobiles & magnates necnon Communitates Regni ad Parliamentum apud West. qui quantum ad eos & singulos eum pertinet obsequituros & impleturos promiserunt. 28. Rot. Parl. 9 H. 5. n. 18. De potestate tractand de pace cum Dolphino, etc. Anno 9 H. 6. It was ordained by the Lords Spiritual and Temporal and Commons That the Dukes of Bedford and Gloucester and my Lord Cardinal, and others of the King's Blood and of his Counsel, may treat of Peace with the Dauphin of France, notwithstanding the Act formerly made to the contrary; which was, That the King of England H. 5. or the French King should not enter or make any Treaty of Peace, or of Accord with Charles the Dauphin, without the assent of the three Estates of both Realms. 29 Anno 23. H. 6. Rot. Parl. 23. H. 6. n. 24. Whereas by the Articles of Peace made between H. 5. and Charles' the 6 th' of France, it was agreed there should be no Treaty or Accord made with the Dauphin of France, without the assent of the three Estates of both Realms, which Articles were afterwards Enacted and Authorized here by Parliament; It was Enacted by the assent of the Lords and Commons, that that Article should be void, eryt, cassed anulled and of none Force, and none to be impeached for advising and acting in the said Peace. 30. Rot. Parl. 25 H. 6. n. 1. The Archbishop of Canterbury, Chancellor of England, declared the causes of the Summons of the Parliament (the King present) and amongst others, that between the Ambassadors of King H. and the French King; There was an appointment de personali conventione of a personal meeting between the two Kings in partibus transmarinis, which if it should happen ut speratur to provide not only for the safe and secure preservation of the person of the King, as well in his Conduct, ad dict as parts transmarinas, as in his being there, but also for the safe and sure conservation of the Peace within the Kingdom, and other his Dominions (during his absence) out of the Realm, and 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. Rot. Parl. 11. H. 7. n40. An Act concerning the Peace between the King of England and the King of France Anno 11. H. 7. The Articles of Truce and Peace between Charles the French King, and King Henry, was agreed to be ratified, accepted, approved and confirmed, per tres Status utriusque Regnorum videlicet per Praelatos, & Clerum nobiles & Communitatem eorumdem Regnorum authoritate Parliamentorum; Which was after done. 32. Jur. Dom. Proc Anno 3. H. 8. 15 die Parliamenti. 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. etc. 33. Anno 21. H. 8. Lord Herbert's Hist. of H. 8. to. 303. 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, dolour 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. Nota. And they were as good as their words; Rast. Stat. 2. 5 H. 8. cap. 13. 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, Nota. 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, Nota 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 itself. 1. The Answer of the Pope to the Letter; is directed thus. Venerabilibus fratribus Archieepiscopis & Episcopis, L. Herbert, fo. 307. 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: Vide the ancient Rights of the Comm. of England asserted, p. 111. For Instances. Anno 29 H. 3. 29 E. 1. 17. E. 3. Where the last, Rot Parl. 17. E. 3. n. 59, 60. Rot. Parl. 21. Es 3. n. 1 63. 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. Inter Capita foederis arctioris amicitiae inter potentissimos principes Elizabetham Angliae Reginam, & Jacobum ejus nominis sextum Scotorum Regem, 5 Julii 1586. Ex Ms. penes meipsum. 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, Ex Cronico ab anno 1272. 1 E. 1. ad an num 1317. 10. E. 2. Ms. mihi ostens. per Tho. Turner Armig. nuper defunct. & 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, Anno Domini, 2289. Aunoque Regni Regis E. 1. 18. Certe scimus quam plurimos corum qui Judiciis sub E. 1. prae fuere viros quidem maximos & aevo in illo Jurisconsultos celeberimos repetundarum & quod lites suas fecerant aliosque preter Ministros forenses aliquot merito damnatos multis exitio ac carcere punitos esse Seldeni ad Fletam dissertatio p. 548. quod in omnibus comitatibus civitatibus & 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 dost 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 Vide Fleta cap. 17. p. 18, 19 Authoritas & Officium Ordinarii Concilii Regis. 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 continentur corroboratas & cum spes preconcepta de libertatibus illis observandis fideliter ab omnibus putaretur stabilis & indubitata Rex Consiliis malorum ministrorum prevent us & seductus easdem infringendo contravenire non formidavit credens decepitive pro munere absolvi à transgressione quod esset manifestum Regni exterminium Aliud etiam nos omnes angit intrinsecùs quod Justiciarii subtiliter ex malicia sua ac per diversa argumenta avaritiae & intollerabilis superbiae Regem contra fideles suos multipliciter provocaverunt & incitaverunt, sanoque & salubri Consilio ligeorum Angliae contrarium reddiderunt Consilia sua vana impudenter preponere & affirmare non eruberunt seu formidaverunt ac si plus habiles essent ad consulendam & conservandum Rempublicam quam tota universitas Regni in vum collecta, Ita de illis possit vere dici, viri qui turbaverunt terram & concusserunt Regnum sub fuco gravitatis totum populum graviter oppresserunt Pretextuque solummodo exponendi veteres leges novas (non dicam leges) sed malas consuetudines introduxerunt & vomuerunt; Ita quod per ignorantiam nonnullorum ac per partialitatem aliorum qui vel per munera vel per timorem aliquorum Potentum innodati fuerunt nulla fuit, stabilitas legum nec alicui de populo Justiciam dignabantur exhibere Opera eorum sunt opera nequitiae & opus iniquitatis in manibus pedes eorum ad malum currunt & festinant, ac viam recti nescierunt quid dicam? Non est judicium in gressibus suis. Quam plurimi liberi homines terrae nostrae fideles Domini Regis quafi viles ultimaeservi conditionis diversis Carceribus sine culpa commiserunt ibidem carcerandi quorum nonnulli in carcere fame maerore & vinculorum pondere defecerunt, extorquerunt pro Arbitrio insuper infinitam pecuniam ab eisdem pro redemptione sua crumenas aliorum ut suas impregnarent tam à divitibus quam pauperibus exhauserunt ratione quorum incurriverunt odium inexorabile & formidabiles imprecationes omnium quasi tale incomunicabile privelegium per cartam detestabilem de non obstante obtinuerunt & per quisiverunt ut allege Divina Humanaque (quasi ad libitum) immunes essent. Gravamen insuper solitum adhuc sive aliquo modo saevit omnia sunt venalia si non quasi furtiva proh dolour. Quid non mortalia pectora cogit auri sacra fames. Ex ore meo contra vos (o impii) tremibunda Caeli decreta iam auditis. Agnitio vultus vestrorum accusat vos & peccatum vestrum quasi Sodoma praedica vistis nec abscondistis vae animae vestrae vae qui condunt leges & scribentes injustitiam scripserunt ut opprimerent in judicio pauperes & vim facerent causae humilium populi ut essent viduae praeda eorum & pupillos diriperent vae qui aedificant domum suam in justitia & caenacula sua non in judicio, vae qui concupiverunt agros & violenter tulerunt & rapuerunt domos & oppresserunt virum & domum ejus imò virum & Haereditatem suam vae Judices qui sicut Lupi vespere non relinquebant ossa in mane Justus Judex adducit Consiliarios in stultum finem & Judices in stuporem. Mox ala voce justum judicium terrae recipietis. Vide Mat. Wect. An. 1289. p. 376. l. 13. His auditis omnium aures tiniebant totaque Communitas ingemuerunt dicentes heu nobis heu ubi est Angliae toties empta toties concessa toties scripta toties jurata Libertas. Anno vero 1290. (18 E. 1) deprehensis omnibus Angliae Justiciariis de repetundis (preter Jo. de Metingham & Eliam de Beckinghom quos honoris ergo nominatos volui) judicio Parliamenti vindicatum est in alios atque alios carcere, exilio & fortunarum omnium dispendio; in singulos mulcta gravissima & amissione officii, Spelm. Gloss. part 1. fo. 416, Alii de Criminalibus seize a visibus populi subtrahentes in locis secretis cum amicis tacties latitaverunt alios protulernnt in medium unde merito fore omnes ab officiis suis depositi & amoti unus a terra exulatus alii perpetuis prisonis incarcerati aliique gravibus pecuniarum sulutionibus, just adjudicati fuerunt. 36. LE Roi a touz ceux que cestes letters verrount ou errount, Pro Rege Angl. de diversis concessionibus ei per Regem Scotiae factis, Anno 8 E. 3. m. 29. Rot. Scotiae. saluz Sachez que come en les choses parlays, tretees, & accordees & affermees entre nous & nostre tresch foial & Coysn Si●e Edward per la grace de Dieu Roi Descoce, tuschauntes nous & Lestate de nostre Roialme Dengleterre, & le dit Roi Descoce, son Estate, & Lestat de son royalme Descoce, The Parliament of Scotland. Le dit Roi Descoce, par assent des Prelates, Counts, Baronns, Chivalers, & autres de son dit royalme Descoce, eit reconuz & grauntezque le dic Roialme Descoce, & les Isles appurtenances a y cele sount devient & tut temps passe soleient estre tenus des Rois Dengleterre, ꝑ homage lige & foialte. Et auxint eit reconuz & grauntez dentrer en nostre homage a lige & foyolte come Souverain Seigneur des ditz royalme Defcoce & Isles. Et auxint eit obligez lui, ses Heirs & Successors, de fair a nous & a noz heirs hore de nostre Roialme Dengleterre, & de noz terres de Gales & Dirland, come en Gascoigne & aillours, ounous & a voz heirs overoms terres ou clameroms droit ou autres nous voudront empescher par force sur noz terres, our sur possession ou droit que nous clamerons certeins services. Cestassavoir le Roi Descoce lordship tote sa vie, ꝑ le garnissement de sys moys les services de deux centzes homes darmes ꝑ un an a ses Custages & Dispens, & ꝑ says heirs & successors, ꝑ au tiel garnissement les services de cent homes darmes a lour Custages & Dispens ꝑ un an. Et silui, ses heirs ou ses successours garniz ꝑ nous & ꝑ noz heirs en la manner avantdite, de faire les ditz services fausissent de fair & parfaire mesmes les services, le dit Roi Descoce eit obligez lui, ses heirs & says successors, en deux centz mille liures Desterlinges, a payer a nous & a noz heirs. Et auxint eit grauntez ꝑ lui, ses heirs & says successors, que sils fausissent de fair & parfaire les ditz services; & le dit Roi Descoce ses heirs & says successors, feussent requis ꝑ nous ou ꝑ noz heirs de paire le deux centz mille liures, que apres lespace de trois moys a totes les foitz, & apres ceo que le dit Roi Descoce, ses heirs ou ses successors, fuissent issint requis ꝑ nous & noz heits, & ils fausissent de faire le dit payment, que nous & noz heirs peussons franchement, & sanz countredit du dit Roi Descoce, ses heirs ou ses successors, entrer le dit royalme Descoce & totes les Cirees, Villes, Chasteux, Manoirs, terres & tenements de le dit Roi Descoce, tenir & gouverner per noz gentzes, & tores manieres des issues & profits ent surdantzes lever, cuiller & tenir a nostre oeps, & all oeps de noz heirs, & tanque nous soiums paiez des ditz deux centz mille liures pleinement. Et austre ceo le dit Roi Descoce eit obligez lui, ses heirs & says successors, de assigner, donor & ●aire liverer a nous deux mille de terre, eit done, grant & assign a nous le chastel, la Dille, & la Counte de Berewyk, a la value que serra trove ꝑ extent a fair en la manner avantdite, & ceo que faudra des di●es deux mille liures de terre, il ferra assigner & liveter a nous en lieux covenables & greables a nous sur la March Descoce, & joignauntes a nostre royalme Dengleterre, a avoir & tenir les ditz chastel, Dille & Countée, & les autres terres que le dit Roi nous assignera a nous & a noz heirs, come annexes a nostre Roiale dignity, & a nostre Roialme Dengleterre, & suertées deal Roiale dignity, & de la Courone Descoce, a touse jours come plus pleinement est contenuz en les letters patentes de le dit Roi Descoce de ceo faites. Et auxint le dit Roi Descoce, par ses autres letters patentes, pur autres certeins causes notées en yeeles de mesme lassent, Nota. eit grant & oblige lui & ses heirs, a nous & a noz heirs, de venir en person od tot son poair, & a says Custages & Despens, ad nostre corpse & ad les corps de noz heirs en nostre Roialme Dengleterre, & en noz terres de Gales & Dirlande avantditz, en eid de nous & de noz heirs, country toutz ceux que voudront guerrer nous & noz heirs, ou par force noz foitz empescher es ditz royalme & terres a totes les foitz que le dit Roi Descoce ou ses heirs serrount requis parnous & nos heirs deal garnissement de sys moys, ficome endites letters plus pleinement est contenuz. Nous voillauntzes oustier les enchesons dount debatz guerres ou contees pourrount sourdre en temps a venir entre nous & noz heirs, & le dit Roi Descoce & says heirs, & puruéer totes les choses ꝑ queles pées & amour soient nurriz & meintenuz entre nous, & a noz heirs & noz souzmys dune part, & le dit Roi Descoce & says heirs & says souzmies dautre part, a touse jours par assent des Prelatz, Countess & Barons, These Agreements Ratifyed by the Parliam. of Eugland. & la Communalte de nostre royalme, assemblez a nostre Parliament somons a Everwyk le Lundy proschein avant la feste de Saint Pierre en Cathedra, l'an de grace selonc le course del Eglise de Rome mille tresrentzes trentisme quart, & de nostre regne oytisme, grauntoms, relessoms & quiteclamons, pur nous & pur noz heirs, au dit Roi Descoce & a says heirs, tot le cleym & le droit 〈◊〉 nous aviums ou avoms en le demeigne de tut le remenaunt de ditz royalme Descoce & Isles, outre les terres & choses a nous grauntées & liverées, & a liverer. Et voloms & grantoms pur nous & pur noz heirs, que le dit Roi Descoce eit & tiegne le demeigne de tut le remenaunt des ditz royalme Descoce & Isles, come susestdit a lui & ses heirs, entierement sanz autre subjection a nous ou a noz heirs, pur mesme le demeigne de tut le remenaunt de royalme Descoee & des Isles come dessus est dit. Horpris & sauve a nous & a noz heirs, totes les choses grantees a nous & a noz heirs par le dit Roi Descoce, selone le purport des letters patentes le dit Roi Descoce a nous faites. Et eu tesmoignante de quele chose a cestes' noz letters patentes avoms fait mettre nostre Grant Seal. Don a Everwyk eu nostre dit Parliament, le premier jour de Marcz, l'an de grace & de nostre regne susdit. 37. AQuel Lendemain que fuist Mardy, Rot. Parl. 7. R. 2. n. 2 Pronuociatio Parliamen. vindrent en parlement sibien les Prelatz, Signior Temporelx, come les Justices & autres du Conseil nostre dit Seigneur le Roi, en le Chambre de peinte a Westm. en presence du Roi mesme appellaz la ejns les Chivaleers des Countees, les Barons des Cinque Ports, Citizens des Cities, & Burgheys des burgh's ꝑ lour nosms, sicome les Viscounts lour avoient fait returner, Mouns Michael de la Poole Chivaler, chancellor d'Angleterre, ꝑ Commandment nostre Seigneur le Roi, avoit les parols de la pronunciation des causes de la summonce de cest present Parliament. Y didst vous Messieurs Prelatz & Signior Temporelx, & vous mes Compaignons les Chivaleers, & outres de la Noble Comune d'Angleterre cy presentzes, deviez eutendre que combien que je ne soine dignes mes insufficient de sce●● & de tout autre bien touts voies pleust a nostre Seigneur le Roi, n'adgairs de moy tréer en son chancellor, & sur ceo ore moy ad commandez qu'ore en vos honovables presences, que vous doie deeper suy exposer les causes de la summonce de son present Parliament, & ꝑ tant purra clearment apparoir que si haut busoigne come ceo est de arler si chargeant matire devant touts & tiels si Nobles & Sages perfones que vouz estes, ne ferroit my ꝑ presumption ou surquindrere de moy mesmes einz solement ꝑ deux enchesons reasonables. L'une est, que longement & communement ad estre accustume deins mesme le royalme, que les Chancellers d'Angleterre devant moy si ouut faitz chescun en son temps pronunciation deeper le Roy de semblablez Parlements devant ore tenuz, & ne verroie si pleust a Dieu que en mon temps defaute y fuist trovez en ma persone ne arrerisement de le stat de mon dit Office, si avant come je le purroie maintenir en tout bien & honour. Lafoy seconde est, que quoy je assume de present si grant charge sur moy devant touts les autres Sages cy presentzes, car le Roy nostre Seigneur Liege icy present n'ad commander deal fair que nostre saut a fin force en ce, & en touts autres ses Commandements tournir au profit de luy & de son royalme. Au Terce & issint ne ferroit eest chargeant busoigne en ascun manier si non constreient ꝑ reason du mon Office, & commandement de mon Seigneur Liege come dit est. Et Signior & Sires, lafoy principal & premier cause ꝑ que nostre dit Seigneur le Roy ad fait summondre son present Parliament, que touche le royalme Descoce, st est express & contenuée en les Briefs a vous faitz, de mesme la summonce le quel est tiel: Nostre Seigneur le Roy apperceivant coment les grants trieves jadys' prizes perentrée les Roiaumes Dengleterre & Descoce, si donient ꝑ lafoy form dicelles finir & failer a cest prochein feste de la Purification nostre Dame prochein venant. Et pur tant que home my feust desgarnir en celle party all dit finds trieves pleaust a nostre dit Seigneur le Roy, denvoir a la March Descoce le puissant & noble Seigneur son treschier Uncle Oepaigne Duc de Lancaster cy present, aver autres Signior & Sages du Conseil le Roy, pur affaier & taster si leu purroit honorablement avoir la pair ov Esq les Escotes, ou auterment Prorogation dicelles trieus pur un temps notable. Et si feuront ils en drte March Descoce, & ont avoient parlance & tretée aver mesmes les Escotz, & finalement ont reportez a nostre dit Seigneur le Roy relation & letters deal Adversaire Descoce, contenantes quill envoirer oit suffizantes people de son royalme, avec po●ar & authority suffisant deper luy a Londres, pur y treter de mesme la matire & celle report fait a vostre dit Seigneur le Roy, pur ce que voirs est que plusors, Nota. de vouz estes inheritez des plusors Terres & Seigneuries deins le Roialme d'Angleterre, appurtenautz a les Escotz's d'auncientée, & auxi atez eu challenge plusors terres & tenemeuts deins le Roialme Descoce▪ dont les Escotz sont auxint de present inheritez. Et si paix se ferroit perentrée les Roialmes avendront ensi pur ce que plusors Translations des droitz a ycelles Terres & Seigneuries d'ambez parts, serroieut faitz ou ꝑ cas mesmes les droitz serroient surrendez de ceo & ꝑ celle cause & autres matieres' plusors incident que ne veignont ore a memoire, mais pur especial pur tant que le royalme Descoce, si est tielment annexe d'auncientee a la Corone d'Angleterre, luy quiel de temps Bruyt primer inhabiter d'prelles Roialmes, le royalme Descoce avantdir. Et le Roy d'yeelle pur le temps esteant aient este continualment subjugatz & attendantzes au Roy & all royalme d'Angleterre, on en possession, ou en challenge, sembloit de veritee que home ne poit sur tiel haute & chargeante matter finalment. Nota. Treter & accorder aillours que en Parliament, ou si Paix ou Trieves ne se y pnrroient prendre uncores la remedy pnr defendre estre purvenir eu Parliament, & eins si nule autre matter eusex davoir Parlement si est ce que a● dit une grant cause. Une autre cause y ad ꝑ qne le Roy nostre Seigneur ad fait summoudre cest son Parliament, est tiel, si einst avenist que Paix ou Trieves ne se preignent point en Escoce, adonques la pluis perileuse guerre que nous pourroions avoir si est tantost overt dont est molt grandement a douter ꝑ tout fair ꝑ temps bone purveance en contre lour grant Orgoill fauxive & force aiant consideration comment ils purront chescun jour entrée n●e Roialme a terre Serke, sans impediment de la Méer, ou de Ewe fresh, mes encores non pas soulement de fair purveiance encoutrée les ditz Escotes, eius d'autres partz envers trois de pluis grandes Roialmes & Pais de Christianity, cest a dire France, Espagne. Et ore de novel accrue le Pays de Flanders, avec touz jours Adherents & Alliez, qui sont come inunmerables mortelx enemies a cest Petit Roialme d'Angleterre, qne Dieu salve, touse partz environez ꝑ terre & ꝑ mere envers quex, si Dieu de sa grace ny met remedy, & home de sa party ne face ceo que en luy est de purveyance en resistance de lour malice uraisemblable est que le greinder mischief est hastivement a venir que, Dieu ne veule a cest petit Roialme que unques mes ny avevist. Et pur ceo que mischeife semble pur les dits causes si dure & si proschein si est droit que home se hast le pluis toast pur ordainer de bone & effectual remedy quest principalment apres la grace de Dieu d'avoir de quoy home purra venir a les dispenses que leu y font mettre que comenca fin force venir de la Comune defence demand commune charge, voirs est & certain que trois des pluis riches Rois Christiens ne purroient endurer les charges de tantzes & tiels guerres sans l'aide de lour Comune. Et pur tant l'eu faut ordiner comment defendre. Et de quoy l'en avera despenses necessares. Et quant a defence fair en cell party salvis meillour advis. Il doit apparoir a chescom Sage que nostre Defens si est d'assailer les Enemies per de hors nostre Royalme, car tiel assaut le semble estre reasonable, profitable & honourable primerment si est nostre assault reasonable ꝑ Encheson que Nos sums Actors, Demandours, & Challengers ou Appellours. Et reason voet, que le demandent & challengour assail le defendor. Et non pas è'converso. Secondment, nostre assault est profitable, car si nous attendismes lour assault deins nostre Roialme l'assemblée & chivachée de nostre host envers lour host ferroit a nostre Roialm, l'un & l'autre est esteant en ꝑrel a tant de Damage come serroit lost des Enemies horspris prise de prisoners & arsure des villes & mesons sicome vous Messers & Sires avez mesmes venez estre fait des patties, deeper dela & mieltz est & plus profitable que nostre ost soit sustenez per les victuals & Biens des Enemyes que de noz Biens proprez: Tiercement, il est plus honourable d'assailer que Defender, car communement les Cowards n'assailant my. Et ꝑ eschuer les mischeifes de lor assault d nn part ala vilinie que nous aurions si nons que sums Demandours & Challengours come dit est ꝑ Defaute del pursuit de nostre droit que nous avous comencez devant ore feusons appellez maintenant ou tenuz d'autres nos veisines que Dieu ne veulle ꝑ Cowards si avant come nous purros eschiur leration ꝑ quoy tiel non enporterious car il nous fant fair un yes deux choses ou de pursuir nostre droit ꝑ fort main & assault ou de lesser hountensement. Et Signior & Sires toutes voies vous ne Durez my aretter sur la persone du Roy nostre Seigneur que cestes importables charges de les guerres avantditz soient ꝑ luy inroduitz, ou ꝑ singuleritie de luy comencez devant son temps combien sachez & Auxi avant la honourable Corone d' Angleterre luy est descenduz ꝑ Succession de droit heritage auxy avant luy ont eschuiz avec l'honour & profit de la Corone les chargeantzes guerres & Querreles dycelles davant son temps comencez come dit est. Item une autre cause de la Somons de cest Parliament est tiel Cestassavoir D'ordeigner que salve guard de la Paix deins le Royalme & I Obeisance due a nostre Seignour le Roy de teuts ses Subjects soit mieltz faitz & gardez que ce n'adestre fait devant cest heure, car le disobeizance & Rebellion que home ad fait devan● o'er & que sont continuez de jour en autre envers les Petits Ministers du Roy, come Discountz, Escheatours & les Coillours de les Subsidies & autres tielz estoient sours & cause principale deal Traiturous Insurrection n'adgairs fait ꝑ la Comen Dengleterre deins mesme le Roialme la quiel primerment estoit rebellion as dits petitz Ministers, & puis● as grants Officers deal Roialme & all drain au Roy mesmes combien les avez. Et si avant come Rebellion si estoit & est le sours & comencement de mischief & Trouboil deins le Roialme si est arremain verroie obeizance au Roy & ses Ministers fundament de tut paix & quiet en mesme le royalme sicome clearment appiert ꝑ l'Obeizance que les Gentiles fierent au Roy en dit insurrection & ꝑ cest causes devant ditz. Et ꝑ purveyances des remedies besoignables en celle party & auxint ꝑ Ordinance fair ꝑ le salve guards Terres & Signories nostre dit Seigniour le Roy cybien de ceo come de la, & ꝑ Remedy fair & purvoier a touts les leiges le Roy en ceo Parliament s'ils ou ascun dieux lour vorront complendire de choseque ne poit estre remediez forsque en Parliament ad nostre dit Seigneur le Roy fait sumondre ce present Parliament. Nota Et sil ad auxint ordeignez certains Prelatz, Signior & justices, Triours, & certain Clerks de sa Chancellerie receivers des Petitions come vorra bailer avant en ceo Parliament ꝑ mannire come errez lire ꝑ le Cleric. de Parlement en escript que sensuit de mot a mot. Resceivours des Petitions Dengleterre, Ireland, Gales, & Escoce. Sire John de Waltham. Sire Richard Ravenser. Sire Thomas Newenham. Sire John de Freton. Resceivours des Petitions de Gascoigne, & d'autres Terres & Pais deper de la. Sire Piers de Barton. Sire John Bouland. Sire Robert Muskham. Sire John Scarle. Et ceux que veullent bailler lours Bills les baillent avant ꝑ entrecy, & la feste de Touseintz prochein venantzes ycell mesme jour account. Et sont assigner Triours des Petitions Dengleterre, Irlande, Gales, & Escoce. Le Roy de Castill, de Leon, Duc de Lancaster. L'Archevesque de Canterbrie. L'Evesque de Londres. L'Evesque de Wyncestre. L'Evesque de Elye. L'Evesque de Salisbrie. L'Abbe de Saint Augustine de Canterbrie. L'Abbe de Waltham. Le Count de Kent, Mar●all Dengleterre. Le Count de Arundel. Le Count de War '. Le Count de Northumbr '. Le Seigneur de Nevil. Mouns. Richard de Scroop. Mouns. Guy de Bryen. Mouns. Robert Trisilian. Mouns. Robert Belknapp. Toutz ensemble ou 6 des Prelatz & Signors avantditz aumeins appellez a eux chancellor, Treasurer, Seneschal & chamberlain, & ay les Sergeantz nostre Seignior le Roy, quant il busoignera & tendront lour place en le Chambre de Chamberleyn apres de la Chambre de Peint. Et sont assignez Triours des Petitions de Gascoigne, & d'autres Terres & Pais de la mere & les Isles. L'Evesque de Nichole. L'Evesque de Norwiz. L'Evesque de St. David. L'Evesque de Excestre. L'Evesque de Hereford. L'Abbe de Westm. L'Abbe de Glastingbrie. Le Count de Cantebruy. Le Count de Buck. Conestable Dengleterre. Le Count de Stafford. Le Count de Salisbrie. Le Signior Fitzwater. Le Prior de St. Johan Jerusalem en Engleterre. Mouns. Johan de Cobham de Kent. Mouns. William Skipwith. Mouns. Roger Fulthorp. Mouns. David Hannemer. Touse ensemble ou quatre des Prelatz & Signors avantditz, appellez a eux chancellor, Treasurer, Seneschal, Chamberleyn, & les Serjeants le Roy, quant il busoignera, & tendront lour place en la Chambre Marcolf. Et la dite Cedule lieu en dite Parlement mesme le chancellor parlast autrefoitz. Et dit Signors & Sires cy presents, qui aves la summonce de cest Parliament, le Roy vous comande sur le pain qu'appeint, que aiantzes due consideration a les necessaires matires a vouz ore monstrez, Nota. & a les importables mischiefs apparantzes, & auxint a la grant necessity que le Roi ad ore de thresor, & d'avoir pur remedier ycelles mischiefs qu eux sans grant fuison d'avoir ne poent jamais estre remediez vous Messieurs les Prelatz & Signors Temporelx, per vous mesmes & vous Seigniors de la Comune, Nota. per vos mesmes veulliez Comuner diligeaument sur cest matires, & des remedies busoignables a tout le haste que vouz purrez oustant de tout le Communement d'autre matire collateral quelconque en le moien temps, & vos advisent pris reporter de temps en temps au Roy nostre Seigneur, ou fyu que les matires necessaires touches & a toucherez soient a bone deliberation Examinez, Tretez & Exploitez, & toute autre impertinent matire miss aderere ꝑ le temps: Et le Parliament ꝑ tant mice a gracious & bone fine, que Dieu grant. Et le Roy vouz comande trestouz, que vous retournez de jour en autre pur treter & fair ce ꝑ quoy vous estes venuz, dont vous avez maintenant vostre charge sans departer de cest Parliament ꝑ voie quelconque si eins ne soit que vous ent averez especiale congee de nostre dit Seignior le Roy, sur le peril avantdit. Item fait a remembrer, que les Seigniours & Comunes en eest Parliament assemblez, considerez les outrageouses charges que nostre Seignior le Roi port parmy les guerres overts de toutes partz, & autrement granterent a nostre dit Seignior le Roy une quinzisme avoir & receiver de eux ꝑ les form & conditions en touts points comprise en un Cedule sur ce fait endentee & liveree avant en Parlement par mesmes les Comunes, & nemye en autre maniere par voie quelconque, & pria la dite Comune ꝑ especiale a nostre dit Seigneur le Roy, que la dite Cedule quele ils ont fait come celle que pleinmrnt contient lafoy manner de lour grant dont mesme la Comune y fist plein declaration ꝑ bouche devant nostre dit Seignior le Roy en plein Parliament, st feust entrée en Rolle de Parlement de mot a mot, & en null autre manner ꝑ 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, Anno 28 E. 1. A Truce between England and France. 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, Ex Rot 29 E. 1 in Turri London. Anno gratiae 1031. pro quibus dicti Nuncii Regis Angliae Reprehensi fuerunt non solum per ipsum Regem & Praelatos & Nobiles, The Kings, Lords, and Commons, reprehend the Ambassadors. 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, De Treuga per Regem Angliae illis de Franc. concessa. Rot. Pat. 12. F. 3. pars 1. m. 24. 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 beat Mariae Virgins ultimo preterito mandaverimus convocari ut tam ipsorum Praelatorum & Procerum, Nota. ac Communitatum dicti Regni nostri quam Confederatorum nostrorum praedictorum habere possemus de liberationem quid agendum foret consultius in hac parte, etc. And afterwards, the Record says, Nos Nota. 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, etc. 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 appeared. A QUERE touching the Parliament of Scotland. WHat the Constituent parts of the Commune Consilium or Parliament of Scotland, Rot. de Anno 29 E. 1. in Tur. London. 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, The Query. 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, Nobilitas est duplex, Superior & inferior. Co. 2. Inst. foe 583 Nobiles minores sunt Equites sive Milites, & qui vulgo generosi & Gentlemen dicuntur. Camden Brit. f. 123. 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, An. 17 Car. 1. cap. 14. Pultons' Stat. 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 Majesty's 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 show 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 agreed, 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, Rex Angliae neque per se aut Ministros suos subsidia aut alia quaevis onera imponit ligeis suis sine assensu totius Regni sui in Parliamento suo expresso. Fortescue de laudibus Legum Angliae, cap. 36. pag. 84. Philip de Commines, lib. 5. cap. 18. (of the Cabal, or most secret Counsels to two French Kings, and a man living about a Century and half ago) tells us, Nul Roy ne Seigneur sur terre ait pouvoir de mettre un denier sur les Subjets sans ottroie & consentment de ceux qui doivent payer sinon par Tyranne ou Violence. No King or Potentate upon Earth (saith he)▪ hath power to levy one penny upon the poor Subject without consent and permission, unless by downright Tyranny and Rapine. That when the good and safety of the Kingdom in general is concerned 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 safeguard 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 Majesty's Command, had set their hands to an extrajudicial Opinion, expressed to the same purpose, which Opinion, with their Names thereunto, was also by His Majesty's Command, enrolled 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 agreement of the said Justices and Baron's Judgement 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, Nota. 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, John Bodin in his Book de Republica, l. 1. cap. 8. de jure Magistratus, fol. 96. A famous Lawyer and Statesman of the French Nation, who after he had informed his Reader, that the English are not chargeable by their Princes with Impositions, but by consent of their three Estates, presently adds, Ego vero caeteris Regibus non plus in eo genere quam Regibus Anglorum licere puto, cum nemo sit tam improbus Tyrannus, qui aliena bona deripere sibi fase esse putet. For my part (saith he) it is my Judgement, that no other Prince whatsoever, may lawfully do any more in this kind than the Kings of England may, seeing there can be no Tyrant so wicked or impudent as to think, he may justly take away another man's Goods from him, without his free leave and good will. 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 Judgements, inrolments, 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 Dependants on any of them, shall be deemed and adjudged, to all Intents, Constructions and Purposes, to be utterly void and disannulled, and that all and every the said Judgement, inrolments, Entries, Proceedings and Dependants of what kind soever, shall be vacated and canceled, in such Manner and Form as Records use to be that are vacated. FINIS. By reason of the haste 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 Cook r. Sir Edward Cook. Errata in the Appendix. pa. 3. l. 19 proditoriae r. proditory, 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 Ancient 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, Revived and Cleared. 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 Judgement of the Learned.