The Form of holding the Parliament.

THE Prince sendeth forth his Writs to every Duke, Marquess, Baron, and every other Lord Temporal or Spiritual, who hath Voice in the Parliament, to be at his great Counsel of Parliament such a day; (the space from the date of the Writ is commonly at the least forty days.) He sendeth also Writs to the Sheriffs of every Shire, to admonish the whole Shire to choose two Knights of the Par­liament in the name of the Shire, to hear, and reason, and to give their Advice and Consent in the name of the Shire; and to be present at that day: likewise to eve­ry City and Town, which of ancient time hath been wont to find Burgesses of the [Page 5] Parliament, so to make Election, that they might be present there at the first day of the Parliament. The Knights of the Shire be chosen by all the Gentlemen and Yeomen of the Shire, present at the day assign'd for the Election.: the voice of any absent can be counted for none. Yeo­men I call here (as before) that may dis­pend at the least forty shillings of yearly Rent of free Land of his own.

These meeting at one day, the two who have the most of their voices, be chosen Knights of the Shire for that Par­liament: likewise by the plurality of the Voices of the Citizens and Burgesses, be the Burgesses elected. The first day of the Parliament, the Prince and all the Lords in their Robes of Parliament do meet in the higher House, where, after Prayers made, they that be present are written, and they that be absent, upon sickness, or some other reasonable cause (which the Prince will allow) do consti­tute [Page 11] under their hand and Seal, some one of those who be present, as their Proxy or Atturney, to give Voice for them, so that by presence, or Atturney, and Proxy they be all there, all the Princes and Barons, and all Arch-Bishops and Bishops, and (when Abbots were) so many Ab­bots as had Voice in Parliament. The place, where the assembly is, is richly ta­pessed and hanged, a Princely and Roy­al Throne, as appertaineth to a King, set in the midst of the higher place thereof. Next under the Prince sitteth the Chan­cellour, who is the Voyce and Oratour of the Prince. On the one side of that House or Chamber, sitteth the Arch­bishops and Bishops, each in his rank, on the other side the Dukes and Ba­rons.

In the midst thereof, upon Wool-sacks, sitteth the Judges of the Realm, the Ma­ster of the Rolls, and the Secretaries of Estate; But these that sit on the Wool-sacks have no Voyce in the House, but only sit there to answer their knowledge in the Law, when they be asked, if any doubt arise among the Lords. The Se­cretaries do answer of such Letters or things passed in Council, whereof they [Page 12] have the custody or knowledge; and this is called the Upper House, whose Consent and Dissent is given by each man severally, and by himself; first, for himself, and then severally, for so many as he hath Letters and Proxies, when it cometh to the question, saying only, Content, or not content, without farther reasoning or replying. In the mean time, the Knights of the Shires, and Burgesses of Parliament (for so they are called that have Voice in Parliament, and are chosen (as I have said before) to the number of about five hundred and ten) are called by such as it pleaseth the Prince to appoint, into another great House or Chamber, by name, to which they answer; and declaring for what Town or Shire they answer: then they are willed to choose an able and discreet man, to be as it were the Mouth of them all, and to speak for, and in the name of them, and to present him so chosen by them to the Prince: which done, they coming all with him to a Barr, which is at the nether end of the upper House, there he first praiseth the Prince, then maketh his excuse of Inabi­lity, and prayeth the Prince that he would command the Commons to choose ano­ther. [Page 13] The Chancellour, in the Prince's name, doth so much declare him able, as he did declare himself unable, and thanketh the Commons for chusing so Wise, Discreet, and Eloquent a man, and willeth them to go and consult of Laws for the Common-wealth. Then the Speaker maketh certain Requests to the Prince in the Commons Name, First, that his Majesty would be content that they may use and enjoy all their Liberties and Priviledges that the Com­mons House was wont to enjoy.

Secondly, That they may frankly and freely say their minds, in disputing of such Matters as may come in question, and that without offence to His Majesty.

Thirdly, If any should chance, of that Lower House, to offend, or not to do or say as should become him, or if any should offend any of them, being called to that his Highness Court, that they them­selves might (according to the ancient custom) have the punishment of them.

Fourthly, That if there come any doubt, whereupon they shall desire to have the Advice of, or Conference with his Majesty, or with any of the Lords, they might do it; All which he promi­seth [Page 14] in the Commons names, that they▪ shall not abuse, but have such regard as most faithful, true, and loving Subjects ought to have to their Prince.

The Chancellour answereth in the Prince's name, as appertaineth. And this is all that is done for one day, and some­time for two. Besides the Chancellour, there is one in the upper House, who is called Clerk of the Parliament, who rea­deth the Bills. For all that cometh in con­sultation either in the upper House or in the nether House, is put in writing first in Paper, which being once read, he that will, riseth up and speaketh for it or against it: and so one after another, so long as they shall think good. That done, they go to another, and so another Bill. After it hath been once or twice read, and doth appear that it is somewhat liked as reasonable, with such amendment in Words, and peradventure some Senten­ces, as by disputation seemeth to be amend­ed: in the upper House the Chancellour asketh, if they will have it▪ ingross'd, that is to say, put into Parchment: which done, and read the third time, and that eft-soons; if any be disposed to object or dispute again among them, the Chancel­lour [Page 15] asketh, if they will go to the questi­on? and if they agree to go to the questi­on, then he saith, Here is such a Law or Act concerning such a matter, which hath been thrice read here in this House, are ye content that it be enacted or no? If the Not-contents be most, then the Bill is dashed, that is to say, the Law is annihilated, and goeth no farther. If the Contents be the most, then the Clerk writeth underneath; Soit baile aux com­mons.

And so when they see time, they send such Bills as they have approved, by two or three of those which do sit on the Wool-sacks to the Commons: who, ask­ing Licence, and coming into the House, with due reverence saith to the Speaker: Master Speaker, my Lords of the upper House have passed among them, and think good, that there should be enacted by Parliament such an Act, and such an Act, and so readeth the Titles of that Act or Acts. They pray you to consider of them, and shew them your advice; which done, they go their way. They being gon, and the door again shut, the Speaker rehearseth to the House what they said. And if they be not busie dis­puting [Page 16] at that time another Bill, he ask­eth them straightway if they will have that Bill, or (if there be more) one of them.

In like manner in the lower House, the Speaker, sitting in a Seat, or Chair for that purpose, somewhat higher, that he may see and be seen of them all, hath before him, in a lower Seat, his Clerk▪ who readeth such Bills as be first pro­pounded in the lower House, or be sent down from the Lords. For in that point each House hath equal Authority, to propound what they think meet, either for the abrogating of some Law made before, or for making of a new. All Bills be thrice in three divers days read and disputed upon, before they come to the question. In the disputing is a mar­vellous good order used in the lower House. He that standeth up bare-head­ed, is to be understood, that he will speak to the Bill. If more stand up, who that is first judged to arise, is first heard; though the one do praise the Law, the other disswade it, yet there is no passionate reasonings. For every man speaketh as to the Speaker, not as one to another, for that is against the Order of the House. It [Page 17] is also taken against the Order, to name him whom ye do confute, but by cir­ [...]umlocution, as he that speaketh with the Bill, or he that spake against the Bill, and gave this and this reason. And so with perpetual Oration, not with intrench­ing discourse, he goeth through till he have made an end. He that once hath spoken in a Bill, though he be confuted straight, that day may not reply, no, though he would change his Opinion. So that to one Bill in one day, one may not in that House speak twice, or else one or two with cross disputation would spend all the time. The next day he may, but then also but once.

No reviling or nipping words must be used. For then all the House will cry, it is against the Order: and if any speak unreverently or seditiously against the Prince, or the Privy-Council, I have seen them not only interrupted, but it hath been moved after to the House, and they have sent them to the Tower. So that in such a multitude, and in such di­versity of Minds and Opinions, there is the greatest Modesty and Temperance of Speech that can be used. Nevertheless, with very mild and gentle Terms, they [Page 18] make their reasons as violent, and as ve­hement the one against the other as they may ordinarily, except it be for urgent causes, and hasting of time. At the after­noon they keep no Parliament. The Speaker hath no voice in the House, no [...] they will not suffer him to speak in any Bill to move or disswade it. But when any Bill is read, the Speakers Office is, a [...] briefly and as plainly as he may, to de­clare the Effect thereof to the House. I [...] the Commons do assent to such Bills as be sent to them first agreed upon from the Lords, thus subscribed, Les Communs ont assentus, so if the Lords do agree to such Bills as be first agreed upon by the Commons, they send them down to the Speaker thus subscribed, Les Seigneurs ont assentus, If they cannot agree, the two Houses (for every Bill from whenceso­ever it doth come, is thrice read in each of the Houses) if it be understood that there is any sticking, sometimes the Lords to the Commons, sometimes the Com­mons to the Lords, do require that cer­tain of each house may meet together, and so each part to be informed of others meaning, and this is always granted. After which meeting, for the most part, [Page 19] not always, either part agrees to others Bills.

In the upper House they give their assent and dissent, each man severally, and by himself, first, for himself, and then for so many as he hath Proxy. When the Chancellour hath demanded of them, whether they will go to the question, after the Bill hath been thrice read, they saying only, Content or not content, without further reasoning or replying: and as the greater number doth agree, so it is agreed on, or dashed.

In the lower House, none of them that is elected, either Knight or Burgess, can give his Voice to another, nor his con­sent or dissent by Proxy. The major part of them that be present only maketh the consent or dissent. After the Bill hath been twice read, and then ingrossed, and est-soons read and disputed on enough as is thought, the Speaker asketh, if they will go to the question? and if they agree, he holdeth the Bill up in his hand and saith: As many as will have this Bill go forward, which is concerning such a mat­ter, say yea. Then they which allow the Bill, cry Yea, and as many as will not, say No; as the cry of the yea or no is [Page 20] bigger, so the Bill is allowed or dashed. If it be a doubt which cry is bigger, they divide the House, the Speaker saying, as many as do allow the Bill go down with the Bill, and as many as do not, sit still. So they divide themselves, and being so divided they are numbred who made the major part, and so the Bill doth pass. It chanceth sometime that some part of the Bill is allowed, some other part hath much controversie and doubt made of it: and it is thought if it were amended it would go forward. Then they choose certain Committees of them who have spoken for the Bill and against it, to amend it, and bring it again so amended, as they amongst them shall think meet: and this is before it is ingrossed, yea, and sometime after. But the agreement of these Committees is no prejudice to the House. For at the last question they will either accept it or dash it, as it shall seem good, notwithstanding that whatsoever the Committees have done.

Thus no Bill is an Act of Parliament, Ordinance, or Edict of Law, untill both the Houses severally have agreed unto it after the order aforesaid; no nor then neither. But the last day of that Parlia­ment [Page 21] or Session, the Prince cometh in Person in his Parliament Robes, and sitteth in his state: all the upper House sitteth about the Prince in their states and order, in their Robes. The Speaker, with all the Common House, cometh to the Bar, and there, after thanksgiving first in the Lords Name by the Chancellour, &c. and in the Commons Name by the Speaker to the Prince, for that he hath so great care of the good Government of his People, and for calling them to­gether to advise of such things as should be for the Reformation. Establishing, and Ornament of the Common-wealth: the Chancellour, in the Prince's Name, giveth thanks to the Lords and Commons for their pains and travels taken, which, he saith, the Prince will remember and re­compence when time and occasion shall serve, and that he for his part is ready to declare his Pleasure concerning their Pro­ceedings, whereby the same may have perfect Life and Accomplishment by his Princely Authority, and so have the whole Consent of the Realm. Then one reads the Titles of every Act which hath passed at that Session, but only in this fashion: An Act concerning such a [Page 22] thing, &c. It is marked there what the Prince doth allow, and to such he saith, Le Roy, or la Royne le veult. And those be taken now as perfect Laws and Ordi­nances of the Realm of England, and none other, and, as soon as may be, put in print, except it be some private Case, or Law, made for the benefit or preju­dice of some private man, which the Ro­mans were wont to call Privilegía. These be only exemplified under the Seal of the Parliament, and for the most part not printed. To those which the Prince liketh not, he answereth, Le Roy, or la Rayne sadvisera, and those be accounted utterly dashed, and of none effect.

This is the order and form of the highest and most authentical Court of England, by vertue whereof all those things be established whereof I spake be­fore, and no other means accounted available to make any new forfeiture of Life, Member, or Lands of any English man, where there was no Law ordained for it before.

Note, Where the Parliament Writ speaks de qualibet Civitaté Comitatus illius, this is intended, where the City is not a [Page 23] County in it self, &c. For if it be a County of it self, as London, Norwich, and such like, then the Writ shall be direct­ed to them, &c. As it is to Sheriffs of other Counties.

At the next County meeting to be holden after the delivery of the Parlia­ment Writ to the Sheriff, Proclamation shall be made in the full County, of the day, and place of the Parliament, and every one shall attend for the Election of the Knights for the same County for the Parliament, which Knights ought to be resident within the same County where they are chosen; the day of the date of the Writ of Summons to the Parliament. And they shall be chosen by People dwelling and resident within the same County, whereof every one of them shall have Land, or Tenement, to the value of forty Shillings, above all charges, within the same County; And such as have the greatest number of Voices of such Chusers, shall be returned by the Sheriffs, Knights for the same County. 7 H. 4. c. 15. 1 H. c. 1. 8 H. 6. c. 7. 10 H. 6. c. 2.

The Sheriff may examine every Chu­ser upon the Evangelists, how much he [Page 24] may expend by the year, if he be in doubt of the value, 8 H. 6 c. 7.

The said Election shall be made in full County, between the Hour of 8, and the Hour of 9 in the Forenoon. 13 H. 6. c. 15.

The Knights shall be return'd into Chancery, by Indenture sealed betwixt the Sheriff and the Choosers of Knights for the Parliament. 8 H 6. c. 7. 7 H. 4. c. 1. [...] 23 H. 6. c. 15. As it appears by the Writ abovesaid.

Every Sheriff that makes not a good, and true Return of such Election of Knights to come to Parliament, accord­ing to the Statutes of H. 5. and H. 6. shall forfeit 100 l. to the King, and 100 l. to the Knight so chosen, that shall commence his Action within three Months after the Parliament begun, and proceed in the same Suit effectually without Fraud. And if he so do not, another that will sue shall have the said Action, for the said 100 l. with costs, as the Knight should have had, 23 H. 6. c. 15. A Sheriff shall not be chosen for Knight, nor Burgess of Parliament, L. Int. 411. as appears also by the Writ it self directed to the Sheriff.

In every Writ of Parliament directed to the Sheriff, this Clause must be put [Page 25] in. Electionem tuam in pleno comitatu tuo factam distincte et aperte sub sigillo tuo et sigil' eorum qui electioni illi interfuerunt nobis in Cancellariam nostram ad diem et locum in breve content' certifices indilate, 7 H. 4. c. 15.

The Election must be by the greater number of Free-holders; And, in an Action of Debt for him that is chosen Knight of the County, and not return'd, it sufficeth to declare, that he was chosen by the major part of the Free-holders, &c. Plowd. Com. 118. Dyer 113.

Note, If a man keeps a Household in one County, and remains in service with another Family in another County, yet he may be at chusing of Knights of the Shire, where he keeps a Family; for he shall be said in Law to be resident in ei­ther of the said Counties: as in Debt, he may be impleaded where he keeps his House-hold, ut supra, and be resident in the other County by reason of the Ar­rest. Vide 19 H. 6. fol. 1.

And the Statute of 10 H. 6. c. 2. is, that Knights of the Shire shall be chosen by Free-holders that are resident within the same County.

[Page 26]The Sheriff, after the receipt of the Writ, &c. as aforesaid, shall deliver without fraud a sufficient Precept under his Seal to every Mayor, and Bayliff (either Bayliffs, or Bayliff, where there is no Mayor of the Cities and Burroughs within his County) reciting in it the Pre­cept of the Parliament Writ; command­ing them by the said Precept, if it be a City, to choose Citizens for the same Ci­ty by Citizens, &c. If it be a Borough, then Burgesses by Burgesses thereof, to come to the Parliament; and that the Mayor, and Bayliffs (or Bayliffs or Bay­liff, where there is no Mayor) shall duly return the said Precept to the Sheriff, by Indenture betwixt the Sheriff and those of the Election; and the names of the Citizens, and Burgesses by them so cho­sen. 23 H. 6. c. 15.

The Sheriff shall make a good return of such Writ, and of every return by the Mayors, and Bayliffs (or Bayliffs or Bayliff, where there is no Mayor) to him made. And if the Sheriff does contrary to this Statue, or any other Statute for choosing of Knights, Citizens, and Bur­gesses to come to Parliament, he shall in­cur the Penalty of 100 l. to the King and [Page 27] shall be imprisoned for one year without Bail or Mainprise; and the Knights for the County, returned contrary to the said Ordinances, shall lose their Wages, by 8 H. 6. c. 7. and the Sheriff shall for­feit 100 l. to every Knight, Citizen, or Burgess in his County, chosen to come to Parliament, not duly returned; or to a­ny other, that in their default will sue for it by action of Debt, with costs expended in it, in which the Defendant shall not wage his Law, nor have any Esloin. 23 H. 6. c. 15.

If the Mayor, and Bailiffs, or Bailiffs or Bailiff, where no Mayor is, shall re­turn other than those which be chosen by the Citizens, and Burgesses of the Ci­ties or Boroughs where such Elections be; shall incur, and forfeit to the King forty pound, and moreover, shall forfeit to every Person hereafter chosen, Citi­zen, or Burgess, to come to Parliament, and not by the same Mayor, and Bai­liffs, or Bailiffs or Bayliff, where no Mayor is, returned; or to any other Per­son, which in default of such Citizen or Burgess so chosen will sue for it, shall have his Action of Debt for forty pound, with his Costs in this case expended; in [Page 28] which the Defendant shall not wage his Law, nor have any Essoin. Ibid.

Every Knight, Citizen, and Burgess, chosen and not return'd, shall bring his Action of Debt within three Months af­ter the same Parliament commenced, to proceed in the same Suit effectually with­out Fraud; And if he so do not, another that will sue shall have the same Action for the said Forfeitures, and Costs in such case expended, wherein the Defendant shall not wage his Law, nor be essoined: Ibid.

If any Knight, Citizen, or Burgess, that shall be returned by the Sheriff to come to Parliament, after such return, be put out by any Person, and another put in the Place of him which is out, if he take upon him to be Knight, Citizen, or Bur­gess, shall forfeit to the King an hundred pound, and so much to the Knight, Ci­tizen or Burgess, so return'd by the She­riff; and after, as aforesaid, put out. And that Knight, Citizen, or Burgess, which is so put out, shall have an Acti­on of Debt against him so put in his place, his Executors, or Administrators; pro­vided always that he shall begin his Suit within three Months after the Parliament [Page 29] commenced. And if he do not, then he that will sue, shall have an action of Debt of the same one hundred pound against him which is put in the place of him that is so put out, after such re­turn, &c. And that no Defendant in such Action shall wage his Law, nor be essoin'd; so that the Knights of the Shire for the Parliament hereafter to be chosen, shall be Knights, or otherwise such eminent Esquires, or Gentlemen of the same Counties, as shall be able to be Knights, and no man to be such Knight, which standeth in the degree of a Yeoman, and under, 23 H. 6. c. 15.

All Persons, and Communalties, which shall have the Summons of the Parlia­ment, shall come to the Parliament in the manner as they are bounden to do, and have been accustomed of ancient times. And he that does not come (ex­cept he may reasonably, and honestly excuse himself) shall be amerced or other­wise punished, according as of old times hath beeen used. 5 R. 2. St [...] 2. c. 4.

No Baron, Knight, Citize [...] or Burgess, which shall be elected to co [...]e to Parli­ament, shall depart from it till the Par­liament be fully ended, or prorogued, [Page 30] except he has License of the Speaker, and Commons in such Parliament assembled: which License shall be entred in the Book of the Clerk of the Parliament; appoint­ed for the Commons House, upon pain to lose their Wages, and all Counties, Cities, and Boroughs shall be discharg'd of the said Wages. 6 H. 8. c. 16. Vide Stamford, 153. The Bishop of Winchester was arrested in the Kings Bench for that he coming to Parliament, departed with­out License. Coron. F. 161. 3 Ed. 2.

The Lands, which were wont to be contributory to the Expences of Knights of Parliament, shall be liable to those charges, notwithstanding the purchase of them by any Lord, or any other Per­son whatsoever. 12 R. 2. c. 12.

The Sheriff, after the Receipt of the Writ for levying the Wages of the Knights of the Parliament, at the next County Court, shall make Proclamation that the Coroners, and every chief Con­stable of the same County, and the Bay­liffs of every Hundred or Wapentake of the same County, and every other, which will be at the assessing of the Wages of the Knights of the Shires, shall be at the next County to assess the said Wages; [Page 31] and that the Sheriff, under Sheriff, Co­roner, or Bayliff, for the time being, be there in their proper Person, upon pain of forfeiture to the King forty Shillings, of every of them that maketh default. 23 H. 6. c. 11.

At which time the Sheriff, or under-Sheriff, in the presence of them that shall come to the same, and of the Sutors of the same County, then being there in full County, well and duly shall assess every Hundred to that assessable, by it self, to pay a certain Sum for the Wages of the Knights of the Shire; so that the whole Sum of all the Hundreds do not exceed the Sum which shall be due to the said Knights. And after that, in the same County, they shall assess well and lawfully every Village within the same Hundreds, which should be there asses­sable to a certain Sum for the payment of the said Wages; so that the whole Sum of all the Towns within any of the said Hundreds, do not exceed the Sum assessed upon the Hundred of which they be. Ibidem.

And that the said Sheriff, under-She­riff, Bayliffs, nor any other Officer, for the Cause aforesaid, shall levy more [Page 32] Money of any Village than that where­unto they were assessed. And if any do assess any Hundred, or Village, otherwise than is aforesaid, he shall forfeit for every default to the King, twenty pound, and to any man which will sue in this case, ten pound. Ibidem.

And that the Sheriff well and duly shall levy the Money so assessed upon the aforesaid Villages, as speedily as they well may after the said assessing; and the same shall deliver to the said Knights, according to the Writs thereof, to be made upon the said Penalties. Ibidem.

And he that will sue in this Case, shall be thereunto admitted, and shall have a Scire Facias against him that offendeth contrary to this Ordinance, and shall re­cover ten pounds to their own use, over the said twenty pound, with their treble Damages for the Costs of their Suits. Ibidem.

And that the Justices of the Kings Bench, and of the Common Place, Ju­stices of Assizes, and Gaol delivery, and Justices of the Peace, shall have Power to enquire, hear, and determine, of all the said Defaults, as well by Inquiry at the Kings Suit, as by Action at the Suit of the Parties. 23 H. 6. c. 11.

[Page 33]And that all such Expences of Knights shall not be levied of any other Villages, Seigniories, or Places, but of such where­of it hath been before this Time. And that in every such Writ to be made to levy the Wages of the Knights, This Act shall be comprehended in the same. 23 H. 6. c. 11. Vide Register 261. That Villains shall not be contributory to the Wages of Knights of the Shire for the Parliament, Br. 96. And Free-holders and Tenants at Will in ancient Demesn, and the Lords shall also be acquitted of such Expences for Knights of the Parliament. Ancient Demesn. Br. 431. F. Natura bre­vium, 14.

That to every Parliament two Knights shall be chosen for the County of Mon­mouth, and one Burgess for the Borough of Monmouth, in like manner, form, and order, as Knights, and Burgesses of the Parliament be elected in every County of England; and that the same Knights and Burgesses shall have like Dignity, Preheminence, and Priviledge, and shall be allowed such Fees, as other Knights and Burgesses of Parliament have been allowed; And such Fees to be levied, received, and paid in such manner, form, [Page 34] and order, as such Fees be gathered, re­ceived, and paid in other Shires of the Realm of England. 27 H. 8. c. 26.

And the Burgesses Fees to be levied as well within the Borough of Monmouth, as within all other ancient Boroughs within the said Shire of Monmouth: And that a Knight shall be chosen to the same Par­liament for every of the Shires of Brec­nock, Radnor, Montgomery, and Denbigh, and for every other Shire within the Do­minion of Wales; and for every Borough being a Shire Town, within the Country and Dominion of Wales (except the Shire-Town of the County of Mereoneth) one Burgess; And the Election to be in manner, form, and order, as Knights, and Burgesses of the Parliament be elect­ed in other Shires of this Realm. Ibid.

And that the Knight, and Burgess, and every of them, shall have like Dig­nity, Preheminence, and Priviledge, and shall be allowed such Fees as other Knights of the Parliament are allowed; And the Knights Fees to be levied and gathered of the Commons of the Shire that they be elected in; and the Fees of Burgesses to be levied, and gathered as well of the Boroughs, and Shire-Towns, as they be [Page 35] Burgesses of, as of all other ancient Bo­roughs within the same Shires. 27 H. 8. c. 26.

The Sheriffs of every of the 12 Shires in Wales, and in the County of Monmouth, shall have power to levy, gather, or to be levied and gathered the said Knights Fees and Wages of the Inhabitants of the 12 Shires, and of the said County of Monmouth, which ought to pay the same; and the same so gathered, shall pay to the Knights within two Months after the delivery of the Kings Writ for payment of the said Wages or Fees; otherwise the Sheriff shall lose, and forfeit twenty pounds: one Moiety to the King, and the other Moiety to him that will sue for the same, in any Court of Record, by Information, Bill, or Plaint, or other­wise, before any of the Kings Officers, wherein no Essoign, Protection, or Wa­ger of Law shall be admitted. 35 H. 8. c. 11.

And if it shall happen any Sheriff in any of the twelve Shires, and County of Monmouth, to make default of payment of the said Wages, or Fees, by a longer term than two Months; then every such Sheriff shall forfeit for every Month that [Page 36] he shall make default twenty pounds, to be forfeited and levied in manner and form as is aforesaid. Ibidem.

And that every Mayor, and Bayliff, and other chief Officers of Cities, Bo­roughs, and Towns in every of the said twelve Shires, and in the County of Monmouth, within like term and space of two Months after the receipt of the Kings Writ De solutione faedi. burgent. Parliament. as is before mentioned, for gathering of the Knights Fees, shall le­vy, gather, and pay the Wages and Fees to their Burgesses, in like manner and form as is aforesaid, and in, and un­der like pain and forfeitures, as before mentioned, to be levied of the Goods and Chattels of every such Mayor, Bayliff, or other head Officers to whom the Kings said Writ shall be directed for the levying of such Fees, making default of pavment of the said Fees, and Wages to the Burgesses, in manner and form as is aforesaid; And the Burgesses of Cities, Boroughs, and Towns, within the twelve Shires of Wales, and the County of Mon­mouth, which are or shall be contributory to the payment of the Burgesses Wages of the said Shire-Towns, shall be lawful­ly [Page 37] admonished, by Proclamation, or otherwise, by the Mayors, Bayliffs, or other head Officers of the said Towns, or by one of them, to come, and give their Elections for the electing of the said Burgesses, at such time and place, lawful and reasonable, which shall for that in­tent be assigned; in which Elections the Burgesses shall have like Voice and Au­thority, to elect, and name the Burgesses of every the said Shire-Towns, as the Burgesses of the said Shire-Towns have or use. Ibidem.

Two Justices of Peace in every of the said Shires in Wales, and in the said County of Monmouth, have Power and Authority, indifferently, to lot, and tax every City, Borough, and Town, within the Shires in Wales, wherein they do in­habit; and in the said County of Mon­mouth, for the Portions and Rates that every the said Cities, and Boroughs shall bear and pay towards the said Burgesses, within the said Shire-Towns of every of the said Shires in Wales, and the County of Monmouth, which Rates so rated, and taxed in gross by the said two Justices of Peace, as is aforesaid, shall be again ra­ted, and taxed on the Inhabitants of eve­ry [Page 38] the said Cities and Boroughs, by 4 or 6 discreet and substantial Burgesses of every the said Cities and Boroughs in Wales, thereunto named and assigned by the Mayor, Bayliffs, or other Head Offi­cers of them for the time being; and thereupon the Mayors, Bayliffs, and other Head Officers of every such City, Borough, or Town, to collect the same, and thereof to make payment in manner and form as aforesaid, to the Burgesses of the Parliament, within like time, and upon the like pains and forfeitures, as is above mentioned. 35 H. 8 c. 11.

The Kings Assent, by his Letters Pa­tents under the great Seal of England, and signed with his Hand, and notified in his absence to the Lords of Parliament, and Commons assembled together in the higher House, is, and ever was of as good strength and force, as if the King's Person had been there personally present, and had assented openly and publickly to the same; and such Royal Assent, notified as aforesaid, shall be taken good, and so effectual to all Intents, without ambiguity or doubt, any Custom or Usage to the contrary notwithstanding, 33 H. 8. cap. 21.

[Page 39]Every Knight chosen for the Parlia­ment, and Sheriff that makes Election for them, shall have their Traverse to such Inquests and Offices, before any Justices of Assize hereafter to be taken, and they shall not be endammaged un­to the King for any such Inquest taken, untill they be duly convicted according to the form of the Law. 6 H. 6. cap. 4.

All the Clergy hereafter to be called to the Convocation by the King's Writ, and their Servants and Familiars, shall for ever hereafter fully use, and enjoy such Liberty, or Defence in coming, tarrying, and returning, as the great Men, and Commonalty of the Realm of England, called, or to be called to the King's Parliament, do, or were wont to enjoy. 8 H. 6. cap.

No Appeal shall be pursued in Parlia­ment. 1 H. 4. c. 14.

The Burgesses of Parliament shall not be Collectors of a Fifteen, except they can dispend in the County, out of the City or Borough of which they are Bur­gesses, in Lands or Tenements, to the va­lue of an hundred Shillings by the Year, over the Charges and Reprises. 18 H. 6. cap. 5.

[Page 40]Knights, Citizens, Burgesses and Ba­rons of Parliament, must take the Oath of Supremacy, before they enter into the Parliament House; but Lords of Parlia­ment shall not be compelled to take the said Oath. 5 Eliz. c. 1.

Vide, How Lords of Parliament shall be placed in the Parliament, and other Assemblies and Conferences of Council. 31 H. 8. cap. 10.

Lords of Parliament, for matters of Religion, shall be tried by their Peers. 1 Eliz. c. 2.

Persons attainted by Parliament, and after become Lunatick, shall be executed notwithstanding, 33 H. 8. c. 20. Quere, if this be not repeal'd by 1 & 2 Ph. & Mary, c. 10. Staunford, 153.

Women that have Joyntures as­signed after marriage, may wave them, and take their Dowry at Common Law, if the Joynture be not assigned by Parlia­ment, 27 H. 8. c. 10.

The County Palatine of Chester shall have two Knights for the County Pala­tine, and likewise two Citizens to be Bur­gesses for the City of Chester, to be chosen by Process, to be awarded by the Chan­cellor of England, unto the Chamberlain [Page 41] of Chester, or his Lieutenant for the time being. And so like process to be made by the Chamberlain, or his Lieutenant, or Deputy, to the Sheriff of the said County of Chester: And the same Election to be made under like manner, and formed to all intents, constructions, and purpo­ses, as is used within the County Palatine of Lancaster, or any other County and Ci­ty within England; which Knights and Burgesses, and every of them so elected, shall be returned by the said Sheriff into the Chancery of England, upon the like pains as it is ordained that the Sheriff of any other County within this Realm should make their Return in case like. Which said Knights and Burgesses, and every of them, so chosen, and returned, shall be Knights and Burgesses of the Court of Parliament, and have like Voice and Authority to all intents and purposes, as any other the Knights and Burgesses of the said Court of Parliament have, use, and enjoy: And also may have, and take all and every such Liberties, Advantages, Dignities, Privileges, Wages, and Com­modities, concerning the said Court of Parliament, to all Intents, Constructions, and Purposes, as any other the Knights [Page 42] and Burgesses of the said Court, may or ought to take and enjoy, 34 H. 8. c. 13.

If any Assault or Affray be made to a­ny Lord Spiritual or Temporal, Knight of the Shire, Citizen or Burgess, coming to the Parliament, or to other Council of the King, by his Commandment, and there being and attending at the Parlia­ment or Council, that then Proclamati­on shall be made, in the most open Pla­ces in the Town, by three several days, where the Assault or Affray shall be made, that the Party that made such Affray or Assault, yield himself before the King in his Bench, within a quarter of a year af­ter the Proclamation made, if it be in the time of the Term, or otherwise at the next day in the time of the Term following the said quarter, and if he do not, that he be attainted of the same deed, and pay to the Party grieved his double damages, to be taxed by the discretion of the Justices of the same Bench, or by Inquest, if it be needful, and make Fine and Ransom at the King's will; and if he come, and be found Guilty by Inquest, by examina­tion or otherwise, of such Affray or As­sault, then he shall pay to the Party so grieved his double damages, found by the [Page 43] Inquest, or to be taxed by the discretion of the said Justices, and make fine and ransome at the King's will, as above is said, 11 H. 6. c. 11.

Vide, the Act made for the assurance of Lands to John Hind, Serjeant at Law, and his Heirs, paying annually ten pounds towards the maintenance and wages of Knights of Parliament, for the County of Cambridge for ever, 34 & 35 H. 8. c. 24.

Note, by Kirby, Clerk of the Rolls of Parliament, that the custom or usage of Parliament is, that if a Bill come first to the Commons, and they pass it, then the Use is to indorse it in such manner, Soit baile a Seigniores, and upon that, if nei­ther the Lords, nor the King do alter it, then it shall be delivered to the Clerk of the Parliament to be enrolled, without indorsing it, and if it be a general Bill, it shall be inrolled, but not if it be a pri­vate Bill, but it shall be put on the File, and that is sufficient; but if the party will sue to have it inroll'd, then it may be inroll'd for sureties sake, 33 H. 6. 17.

If the Lords will alter a Bill, in that which may stand with the Bill, they may so do, without remanding to the Commons; as if the Commons grant [Page 44] Poundage for four years, and the Lords will grant it but for two years, this Bill shall not be carried back again to the Commons. But if the Commons grant it but for two years, and the Lords will grant for four years, there the Bill shall be delivered to the Commons; and in this case the Lords ought to make a Schedule of their Intention, or indorse the Bill in this manner; The Lords have assented for the term of four years. And when the Commons have the Bill again, and they will not assent to it, this can be no Act. But if the Commons will assent, then they indorse their Answer upon the Margent of the Bill beneath in such form; The Commons have assented to the Schedule of the Lords annex'd to the same Bill, and then it is delivered to the Clerk of Parliament, ut supra. 33 H. 6. 17.

If a Bill be first delivered to the Lords, and they pass it, they use not to make any Indorsement, but send the Bill to the Commons, and if it pass them, the use is to indorse it thus, Les Commons sont Assentants, and this proves that it passed the Lords before: And therefore if J. S. be attainted of Trespass by Parlia­ment, and the Commons assent, that if he [Page 45] does not come in by such a day, he shall forfeit such a Sum, and the Lords give him a longer day, and the Bill is not sent back to the Commons again, this is no Act, for that the Bill was not delivered back to the Commons after the inlargement of the day given by the Lords. 33 H. 6.17.

Every Bill that passes the Parlia­ment, shall have relation to the first day of Parliament, although it come in at the end of the Parliament, and it is not the custom to make any men­tion what day the Bill was delivered in to the Parliament; per Faukes Clerk of the Parliament. 33 H. 6. 17. unless a time be specially appointed by the Statute when it shall Commence. Com. 79.

If the Parliament begin before Pente­cost, and continue after Pentecost, and the Commons agree to a Bill after Pen­tecost, and give a day at Pentecost next, and the Lords do so too; Now for that, a Bill shall have relation to the first day of Parliament, if it be not ordered o­therwise; it shall be taken for this Pen­tecost, which is passed at this Sessions, [Page 46] whereas the intent of the Lords and Commons, was, that it should be Pen­tecost after this Petition named in the Bill. Parliament B. 4.

Altho the Lords and Commons a­gree to a Bill, yet it is no Act, till the King has given his Royal Assent to it in proper Person, or under his great Seal, and if the King Assent, then is written upon the Bill, Le Roy veult; And if the King will not Assent, then it is indorsed, Le Roy advisera. 33 H. 6. 17. 33 H. 8. c. 21.

Every Knight, Burgess, Baron of the Cinque Ports, or other call'd to Parlia­ment, shall have priviledge of Parlia­ment during the Parliament, or Session of Parliament, so that he that arrests any of them during that time, shall be imprisoned in the Tower by the Lower House, of which he is, and shall be put to a Fine, and the Keeper also, if he will not deliver him so arrested, when the Serjeant at Arms comes for him, by the command of the House of which he is. Dier, 60.

Note, in the Lower House, when a Bill is read, the Speaker does open the [Page 47] parts of the Bill, so that each Member of the House may understand the in­tention of each part of the Bill; and the like is done by the Lord Chancellour in the Upper House; then when it is read the second time, sometimes it is ingrossed without any Commitment, but then the Speaker makes question of it, in this manner: The question is, Whether this Bill shall be ingrossed or not? As many as would have the Bill ingrossed, shall say, Yea, and as many as would not, say, No.

But in the Upper House of Parlia­ment, when such question is made a­bout Ingrossing, if there be no Contra­diction, the Lords do not deliver their Assent in saying, Content, or their Dis­sent in saying, Not Content, for hus­banding the time: But if there be any Contradiction, it is tried Seriatim, by Content or Not Content; but neither in the Upper or Lower House, the Lord Chancellour or Speaker, shall not re­peat a Bill or an Amendment but once. Ibidem.

When a Bill is committed to the se­cond reading, then if the Committees [Page 48] amend it in any point, then they shall write down their amendment in a Pa­per, and shall direct to a Line, and be­tween what words the Amendment shall be put in, or what words shall be inter­lined, and then all shall be ingrossed in a Bill. Ibid.

And if a Bill pass in the Commons House, and the Lords amend the Bill when it is sent to the Upper House, they do as before shew the Line, and between what words, and after the A­mendments are ingrossed, with parti­cular References, and the Bill with the Amendments, are sent again to the House of Commons, where they affirm them: The amendments are read three times, and then they insert them in the body of the Bill, and so ê Converso of a Bill which passeth first in the Up­per House. But Note, that in one of these Cases, the intire Bill shall not be read again in the House, wherein they first pass, but the amendments only, for no Bill shall be read above three times. Ibidem.

No Lord ought to speak to the Bill twice in one day: Also no Knight, Ci­tizen [Page 49] or Burgess, ought to speak above once to one Bill in one day, unless sometimes by way of Explication.

No private Bill ought to be read be­fore the publick Bills, unless the one House or the other do require it. Coke lib. 13.

Note, in the House of Commons, those that are for the new Bill, (if there be a question of Voices) shall go out of the House, and those who are a­gainst the Bill, and for the Common Law, or any former Law, shall sit still in the House; for they are in possession of the old Law, the other of the other, to number the Voices. Coke, lib. 13.

In both Houses, he which first stands up to speak, he shall first speak without any difference of Persons. Ibid.

When a Bill is ingrossed, at the third reading it may be amended in the same House in any matter of Substance à fortiori; the Errour of the Clerk in the Ingrossing may be amended.

Note; The Priviledge, Order, or Custom of Parliament, either of the Upper House, or of the House of Com­mons, belongs to the Determination or [Page 50] Decision only of the Court of Parlia­ment; And this appeareth by two no­table Precedents.

The one, at a Parliament holden the twenty seventh Year of King Henry the 6 th. There was a Con­troversie moved in the Upper House, between the Earls of Arun­del and of Devon-shire, for their Seats, Places, and Preheminencies of the same, to be had in the King's Presence, as well in the High Court of Parliament, as in his Counsels, and else-where: The King, by the advice of the Lords Spiritual and Temporal, committed the same to certain Lords of Parliament, who, for that they had not leisure to ex­amine the same, it pleased the King, by the advice of the Lords at this Parliament, in Anno 27 th. of his Reign, that the Judges of the Land should hear, see, and examine the Title, &c. and to report what they conceive herein: The Judges [Page 51] made Report as followeth; That this matter ( viz. of Honour and Precedency, between the two Earls, Lords of Parliament) was a matter of Parliament, and belonged to the King's Highness, and the Lords Spiritual and Temporal in Parlia­ment, by them to be decided and determined; yet being there so commanded, they shewed what they found upon Examination, and their Opinions thereupon.

Another Parliament in 31 H. 6. which Parliament begun the sixth of March, and after it had continu­ed some time, it was prorogued un­till the fourteenth of February; and afterwards in Michaelmas Term, Anno 31 H. 6. Thomas Thorpe, the Speaker of the Commons House, at the Suit of the Duke of Buckingham, was condemned in the Exchequer in 1000 l. damages for a Trespass done to him: The fourteenth of February, the Commons moved in [Page 52] the Upper House, That their Spea­ker might be set at liberty to exer­cise his Place: The Lords referred this Case to the Judges; and Forte­scue and Prisot, the two Chief Ju­stices, in the name of all the Judges, after sad Consideration, and mature Deliberation had amongst them, answered, and said, that they ought not to answer to this Question, for it hath not been used aforetime, That the Justices should in any wise determine the Priviledge of this High Court of Parliament, for it is so High and Mighty in its na­ture, that it may make Laws, and that that is Law, it may make no Law: And the determination and knowledge of that Priviledge, be­longeth to the Lords of the Parlia­ment, and not to the Justices: But as for the proceedings in the Lower Courts in such Cases, they delive­red their Opinions. And in 12 E. 4. 2. in Sir John Paston's Case, it is [Page 53] holden, that every Court shall de­termine and decide the Privileges and Customs of the same Court, &c.

See Dier, Fol. 275. One was in Exe­cution, that was a Burgess of Parliament, and was let at large by a Priviledge Writ of Parliament: P. 34 & 35 H. 8. Rot. 23. And Debt brought against the Jaylor for an escape, but he says not what happened thereon.

See Hollinsked, in his Cronicle, Fol. 1584. The Case of one Ferrers, set at liberty, that was a Burgess of Parlia­ment, and arrested, and put in Execu­tion in London, sitting the Parliament; and this was Anno 34 H. 8. and was the Case of Ferrers, as I believe, of which Dier, Fol. 275 speaks.

In the Lent Season, whilst the Parliament yet continued, one George Ferrers, Gentleman, Servant to the King, being elect a Burgess for the Town of Plimmouth in the County of Devon, in going to the Parliament-House was arrested in London, by a Process out of the [Page 54] King's Bench, at the Suit of one White, for the Sum of two hundred Marks, or thereabouts, wherein he was late afore condemned, as a Sure­ty for the Debt of one Welden of Salisbury; which Arrest being sig­nified to Sir Thomas Moile, Knight, then Speaker of the Parliament, and to the Knights and Burgesses there, Order was taken, that the Serjeant of the Parliament, called S. I. should forthwith repair to the Counter in Breadstreet, whither the said Fer­rers was carried, and there to de­mand delivery of the Prisoner. The Serjeant, as he had in charge, went to the Counter, and declared to the Clerks there what he had in com­mandment, but they, and other Officers of the City, were so far from obeying the said Command­ment, as, after many stout words, they forcibly resisted the said Ser­jeant, whereof ensued a Fray with­in the Counter-gates, between the [Page 55] said Ferrers and the said Officers, not without hurt of either part, so that the said Serjeant was driven to defend himself with his Mace of Arms, and had the Crown thereof broken by bearing off a stroke, and his man strucken down. Du­ring this Brawl, the Sheriffs of Lon­don, called Rowland Hill, and H. Suckley, came thither, to whom the Serjeant complained of this In­jury, and required of them the de­livery of the said Burgess, as afore; but they bearing with their Officers, made little account either of his Complaint or his Message, reject­ing the same contemptuously, with much proud Language, so as the Serjeant was forc'd to return with­out the Prisoner; and finding the Speaker, and all the Knights and Burgesses set in their places, decla­red unto them the whole cause as it fell out, who took the same in so ill part, that they all together [Page 56] (of whom there were not a few, as well of the King's Privy Council, as also of his Privy Chamber) would sit no longer without their Burgess, but rose up wholly and repaired to the Upper House, where the whole Case was decla­red by the mouth of the Speaker before Sir T. Audley, Knight, then Lord Chancellour of England, and all the Lords and Judges there assembled, who judging the Con­tempt to be very great, referred the punishment thereof to the or­der of the Common House. They returning to their places again, upon new debate of the Case, took order that their Serjeant should speedily 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. Albeit the Lord Chancellour offered there to grant a Writ, which they of the Common House refu­sed, [Page 57] being in a clear Opinion, that all Commandments, and other Acts proceeding from the nether House, were to be done and executed by their Serjeant without Writ, only by shewing of his Mace, which was his Warrant. But before the Serje­ant's 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 up without any denial. But the Serjeant having then further in commandment from those of the nether House, charged the said Sheriffs to appear personally on the morrow by eight of the clock before the Speaker in the nether House, and to bring thither the Clerks of the Counter, 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 [Page 58] the said Arrest, in Contempt of the priviledge of the Parliament, which Commandment being done by the said Serjeant accordingly on the morrow, the two Sheriffs, with one of the Clerks of the Counter (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 Misdemeanor aforesaid, they were compelled to make immediate An­swer, without being admitted to a­ny Counsel. Albeit Sir Ro. Cholmley then Recorder of London, and other the Counsel of the City there present, offered to speak in the cause, which were all put to silence, and none suffered to speak, but the parties themselves, whereupon in conclusi­on, the said Sheriffs and the same White were committed to the Tow­er [...] of London, and the said Clerk (which was the occasion of the Fray) [Page 59] to a place there called Little-ease, and the Officer of London which did the Arrest, called Tailor, with four Of­ficers, to Newgate, where they re­mained from the 28 th until the 30 th of March, and then they were de­livered, not without humble suit made by the Mayor of London, and other their Friends. And forasmuch as the said Ferrers being in Executi­on upon a Condemnation of Debt, and set at large by priviledge of Parliament, was not by Law to be brought again into Execution, and fo the party without remedy for his Debt, as well against him as his principal Debtor; after long debate of the same, by the space of nine or ten days together, at last they resolved upon an Act of Parliament to be made, and to revive the Execution of the said Debt against the said Welden, which was Princi­pal Debtor, and to discharge the said Ferrers. But before this came [Page 60] to pass, the Common House was di­vided upon the Question: but in conclusion, the Act passed for the said Ferrers, who won by fourteen Voices. The King being then ad­vertised of all this proceeding, cal­led immediately before him the Lord Chancellor of England and his Jud­ges, with the Speaker of the Parlia­ment, and other of 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 (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, ought in reason to have Privi­ledge for him and all his Servants attending there upon him. So that if the said Ferrers had been no Bur­gess, but only his Servant, that in respect thereof, he was to have the [Page 61] priviledge as well as any other. For I understand (quoth he) that you not only for your own Per­sons, but also for your necessary Servants, even to your Cooks and Horse-keepers, enjoy the said Priviledge, insomuch as my Lord Chancellour here present, hath in­formed Us, that he being Speaker of the Parliament, the Cook of the Temple was arrested in London, and in Execution upon a statute of the Staple: And forasmuch as the said Cook, during the Parliament ser­ved the Speaker in that Office, he was taken out of Execution by the priviledge of the Parliament: and farther, We be informed by our Judges, that We at no time stand so highly in our Estate Royal as in the time of Parliament, wherein We as Head, and you as Members, are conjoyned and knit together into one Body Politick, so as whatsoever Offence or Injury (during that time [Page 62] is offered) to the meanest Member of the House, is to be judged, as done against our Person, and the whole Court of Parliament, which Prerogative of the Court is so great (as our learned Counsel informeth us) as all Acts and Processes com­ming out of any other inferiour Courts, must for the time cease and give place to the highest. And tou­ching the Party, it was a great Presumption in him, knowing our Servant to be one of this House, and being warned thereof before, would nevertheless prosecute this matter out of time, and therefore was well worthy to have lost his Debt, which I would not wish, and there­fore do commend your Equity, that having lost the same by Law, have restored him to the same a­gainst him who was his Debtor, and this may be a good Example to others, not to attempt any thing against the Priviledge of this Court, [Page 63] but to take the time better; where­upon Sir Edward Montague, then Lord Chief Justice, very gravely declared his Opinion, confirming by divers reasons all that the King had said, which was assented unto by all the Residue, none speaking to the contrary, the Act indeed passed not the higher House, for the Lords had not time to consider of it, by rea­son of the dissolution of the Parlia­ment. Because this Case hath been diversly reported, as is commonly alleged as a President for the pri­viledge of the Parliament, I have indeavoured my self to learn the Truth thereof, and to set it forth with the whole Circumstances at large, according to their Instructi­ons who ought best both to know and remember it.

Note, Danby says— That one com­ing to Westminster (for that he was a Parliament-Man) and was arrested, and lay in Execution upon a Condemnation long time before the Parliament, and [Page 64] would have been discharged of the Exe­cution, and the matter was notified to the King's Council, and to the Justices of the Bench, that he could not be dis­charged, and Coke said, that it was true. 2 E. 4. fol. 8. vide Dyer, 162. A man in Execution for Debt, altho he was necessary for War, which is for the publick good, cannot be taken out of Execution. per omnes Justic.

The Parliament shall not give Privi­ledge, in time of Vacation, but sitting the Court, Priviledge. Br. 56.

Necessary Servants attending upon their Masters, during the Parliament, shall have priviledge of Parliament; so that they shall not be arrested for Debt, or such like; And so shall have priviledge of Parliament the necessary Officers that attend on the Parliament, as the Serjeant at Arms, Porter of the House, Clerks, and such like, and in the same manner for their necessary goods, so that they shall not be arrested nor ta­ken by any other Officer (unless it be in case of Treason or Felony) in the same manner as Judges, or Ministers of other Courts shall have for their Ser­vants, [Page 65] Goods, and Chattels necessary; Priviledge, Br. 6. 29. 24.

If they cannot agree in Parliament upon a Bill, the Tryal shall be by the greater number of Polls.

He that comes to Parliament, ought to be a lawful Person, not Out-law'd, nor in Execution, nor attainted of Treason or Felony, neither shall he be a Villain. Vide Process Fitzh. 20 8. 34 E. 1. A Witness that was na­med in a Deed among others, was Out-law'd, no Process shall be awarded against him by the Statute, for that he was Out-law'd; If one of the Indictors be Out-law'd, the Indictment is not good, because he is not Legalis & pro­bus Homo. 11 H. 4. 11.

Divers of Parliament were attainted of Treason by the Parliament in the time of R. 3. with H. 7. and it was a­greed by the Justices, that untill the Act of Attainder was repeal'd, such Burges­sesses or Knights shall not be received into the House to sit there, but assoon as the Act was revers'd and annull'd, they should come into their places, and then may proceed upon any thing there [Page 66] moved lawfully, as lawful Persons; But as to the King himself, it was a­greed, that the King was a Person able, and discharg'd of any former Attain­der ipso facto, that he took upon him to Reign, and to be King, for there is no Superiour to discharge him. 1 H. 7.4.

If there be divers Sessions of Parlia­ment, and there Acts passed at every Session, every Act shall have relation to the first day of every Session. Comment. 78.

The Errors committed in Chancery, in things appertaining to the Common Law, shall be reversed in the Kings Bench. Dyer 315, & Error Fitzh. 71.18 E.3. by which it seems that the Kings Bench is a Higher Court than the Court of Chancery as to that; Ta­men quaere, vide 37. H. 6.15, where it is said, that it shall be reversed in Par­liament, by Choke, Danby, and Ashton, vide Com. 393, & Breve Fitzh. 651. Vide 42 Lib Ass. 22. where Error was com­mitted in Chancery upon Petition made there, and a Scire facias issued in the same Court against the Party to the Pe­tition of the Terre-Tenant, to reverse this [Page 67] Erroneous Judgement thereof. If the King be deceiv'd in making his Char­ter, it shall by Scire facias be annulled in Chancery, out of which it issued, and not in Parliament, Brief Fitzh. 651.16 E. 3. But note there, that both are the Kings Courts, and the King may sue in which of his Courts he pleases, in his own Case. But Thorpe said there, that in the Case between G. and G. the Suit was in Parliament, to reverse a grant and Charter of the King, which Parner granted, for that it was between party, and party; and as to the last matter, vide 21 E. 3.46, accorded.

If there be a Statute that was never put in ure, yet it may be put in ure at this time, 11 H. 4.7. yet see the Statute of Butler made 20 E. 1. is not put in ure, which gives waste to the Heir done in the time of his Ancestor, for the Regi­ster gives not a Writ of waste done in the time of the Ancestor, &c.

A Parliament may err, as appears Parliament. Br. 16. which reversed the Estate of J. S. in certain Land, and the Charter thereof to him made, with­out calling the Patentee to it by process [Page 68] before the Repeal; 21 E. 3.4. Plowd. Com. 400. in the case of the Earl of Leice­ster, and Heyden. And Error in Parlia­ment ought to be reversed by Parlia­ment. Error Br. 65.

The Queen may under the great Seal assign two or three Lords of Parlia­ment to supply her place in Parliament, if she be sick, or if she will not come for any other cause to Parliament, as it was done Anno 31 Eliz. the Queen that now is; at which time the Arch-Bishop of Canterbury, the Lord Treasurer of Eng­land, and the Earl of Derby, under the great Seal, were appointed Commanders by our Sovereign Lady the Queen to represent her Person in the Parliament, and they sat one space lower from the Cloth of Estate in the Parliament House.

A Statute in the negative restraineth the Common Law, so that after such Statute a Man may not use the Com­mon Law, as the Statute of Marlbr. c. 3. Non ideo puniatur dominus per Redemsio­ne, and Magn. Chart. c. 34. nullus appel­letur ad sectam elienius feminoe nisi de morte virt sui. Otherwise, it is where a [Page 69] Statute is made in the Affirmative, be­cause that does not alter the Common Law. Parliament. Br. 72.108.

Note, by Englefield Justice, in the case of Button and Savage, that where a man had an elder Title to Land by one En­tail, and after the same Land is given to him by Parliament, his Heir shall not be remitted, for by the Act all other Titles are extinct, for that the Act is the Common Judgment, and an Estoppel to every one that is privy to the Act. Parliament. Brooke 73.29 H. 8.21 Ed. 4.57.

If the King has an ancient Title to Land tayled, and the same Land is gi­ven to him by Parliament, the Entail is gone, so that his Heir shall not avoid Leases made by his Father, nor Charges and the like. Parl. Br. 73.29 H. 8.

It was held, that these words, to wit, the King with the Assent of his Lords and Commonalty Grants, or Establish­es, &c. This is as well as if it had been, That it was enacted at the Request of the Lords and Commons, &c. and that the King had assented; but the more usual words are, That it be enacted by the [Page 70] King, by the assent of the Lords and Com­mons, &c. But the shorter, and suffici­enter Words are, that it be enacted by the Authority of Parliament. Parliament. Brooke 76.7 H. 7.14.

The ancient Statutes, as Magna Char­ta, and other Statutes are, Quod Rex Sta­tuit, and good, for it is implied, that the Lords and Commons assented, Parlia­ment. Br. 76. and the Statute de Finibus, 27 E. 1. is, Statuimus & ordinavimus.

No Lord shall be tryed by Peers, but Lords of Parliament, which are Tempo­ral Lords, and not Spiritual Lords; for a Bishop, that is a Lord of Parliament, shall be tried as other common Persons are, as by Knights, Esquires, and Gen­tlemen; for that a Bishop is not a Lord but by reason of his Bishoprick, and so was Cranmer, Arch-Bishop of Canterbu­ry, 1 Mar. Reg. Stanford, 153.

A Peer of the Realm shall be tried in an Appeal by Knights, &c. and no [...] by his Peers, because it is at the suit o [...] the Party. Trial. Br. 142. Coron. Br. 153.10 E. 4.6. Stam. 152. Otherwise it is in an Indictment of Treason or Felony, for that it is at the suit of the King, 10 E▪ 4.6.

[Page 71]The Duke of Somerset in the time of Ed. 6. was tried for Felony and Trea­son by his Peers upon an Indictment, for it is the Suit of the King. Coron. Br. 153.10 Ed. 4.6. accords. And there it is said by Littleton, that the Lord Gray of Codnor, in an Appeal, was tried, as a Common Person is, and not by his Peers, although he was a Lord of Par­liament. Treason, Br. 2.

A man may be attainted by Parlia­ment of Treason as well as by the Com­mon Law, by Verdict, Outlawry, or Confession; because the Parliament is the highest Court of Record in England, and shall not be restored in his Blood without Parliament, but the King may give to him that is attainted his Life by his Charter of Pardon, and that by apt Words. Stanford 53.

The King cannot alter the Common Law, nor a general custom of the Coun­try, as the descent of Land in Gavil-kind, Borough-English, and such like, withoutParliament. Prerogative, Brooke 15. 11 H. 4. 74. and see the Statute of 33 H. 8. c. 3. of the alteration of descents of Gavil-kind, and that the descent shall be as to Heirs at Common Law.

[Page 72]When a Lord of Parliament is tried by his Peers, they shall not be sworn to say their Verdict, but they shall give their Verdict upon their Honour, and are not otherwise charged but upon their Honours. 1 H. 4. 1. and Stamford 152. From this, note what accompt the Law makes of a Peers Word, when he speaks upon his Honour, and this in case of a mans Life. A multo fortiori they ought to observe in lesser Cases when they speak, and make promise upon their Honour upon good Considera­tions.

When a Statute may be taken to a double intent, the better shall be taken for the King, as the Statute of 14 E. 3. c. ultimo, in Stat. 1. it is ordained, that for every Sack of Wool carried out of the Realm, the Merchant shall find Surety to bring into England Plate of Silver of two Marks, and to take two marks of Coyn again for Bullion; and after were two Statutes, one made 36 E. 3. c. 11. whereby it is ordained, for that the Commons have granted to the King of every Sack of Wool for three years one grand Subsidy, he grants by [Page 73] the same Statute, that after the three years, nothing shall be taken or demand­ed of the Commons but the ancient Custom of one Mark of every Sack of Wool; and the other Statute made 45 E. 3. c. 4. which ordains, that no Imposition, or Charge shall be put upon Wools, &c. other than the Custom and Subsidy granted to the King, in no sort, without the assent of the Parliament, and upon an Information in the Exche­quer against one that had carried Wools, and had not found Surety accord­ing to the said Statute of 14 E. 3. which two Statutes aforesaid were pleaded, and adjudged, that the finding of Surety for bringing in the two Marks of Bul­lion is not taken way, for every Statute shall be taken most beneficial for the King, where it may be taken to a dou­ble intent, and it shall be taken, that it was the intent of the Makers of those said Statutes, to discharge the Commons of the grand Charges upon Wools after the three years, 4 E. 3. fol. 3. & fol. 12. Barre. Fitzh. 309. Vide Com. 10. 11.

The Duke of Buckingham brought an Action, de Scandalis Magnatum, against [Page 74] one Lucas; for that he had said, the Duke had no more Conscience than a Dog, and so that he may have Goods, he cared not how he came by them, and recovered forty pound, as appears, Mich. 4 H. 8. Rot. 659. And the Duke may have a Suit in the Star-Chamber for such words; and I have viewed a Copy of the Re­cord.

The Lord Abergaveny, brought an Action upon the said Statute against Cartwright, for that the Defendant had told, and counterfeited false news of the Plaintiff; to which the Defendant said, that the Plaintiff will wind the Guts of the Defendant about his Neck; the De­fendant pleaded not Guilty, and in E­vidence the Plaintiff shewed a Letter written to one B. wherein the Defen­dant said, that he understands by Re­port, that the Lord had said, ut supra, and held good Evidence, and it was found for the Plaintiff, and had Judg­ment accordingly; And so see, that to write and to say, are all one, for it is publick. Vide Book of Entries 13. that fixing a slanderous Bill in an open and and publick Place bears an Action, &c.

[Page 75]In an Errour in Parliament, the Re­cord remains with the Justices, and they are to shew it to the Parliament, and it shall not be removed to Parliament. 8 H. 5. Errour Fitzh. 88. Dyer. 375. In such Case the Roll was carried by Wray Chief Justice into Parliament, for the Errour was assign'd in the King's Bench, but after that the Court of Parliament had examined it, he takes the Record with him, and leaves a Transcript in the Court of Parliament.

A Petition in Parliament exhibited by A. T. for a Title he made to Land, that the King enjoyed, which was received, and sent into Chancery to be tried, Ass. Fitzh. 287. Lib. Ass. and he surmised, that there was a delay in the Tryal of his Right.

Those of London may bargain and sell their Land there, as they might be­fore the Statute of Inrolments, and so it may be done in other Boroughs and Cities; and it was the Opinion of the Justices of both Benches, that the Lands in Cities, &c. are, where the Common Law is exempted from the Act, and so, that Lands devisable before, 32 H. 8. c. 1. [Page 76] are devisable at this day, notwithstand­ing the Act aforesaid. Dyer 155. And so a Statute in the Affirmative shall not change the Common Law, nor com­mon Custom of a Town, as to Inheri­tances.

A Lord of Parliament shall have Knights upon his Tryal in every Acti­on, 27 H. 8 fol. 27. Challenge. Fitzh. 115. 13 E. 3. in a Quare Impedit against a Bi­shop it has been so adjudged. Com. 117. Dyer 208. according.

A Lord of Parliament may be Out­law'd for Murder, 27 H. 8. Fol. 17. and it was the Case of the Bishop of Winche­ster, Ibidem. Vide Proc' F. 224.

If a Lord of Parliament makes a Re­scous, a Capias shall be taken out against him, if the Sheriff return the Rescous; otherwise it is in Case of Debt. 27 H. 8.27.

An Exigent shall issue forth against a Lord of Parliament, if it be not certifi­ed that he is a Lord of Parliament, 27 H. 8.27. 35 H. 6. A Lord of Parlia­ment shall not be Sworn on an Inquest, 27 H. 8.27.

Day of Grace shall not be given a­gainst a Lord of Parliament. 27 H. 8.27. 27 E. 3.

[Page 77]A Capias ad Satisfaciendum, does not lye against a Lord of Parliament. 27 H. 8.27. for the Law presumes that he has Assets, &c. 11 H. 4.15.

A Man shall not be remitted that takes an Estate by Parliament. 34. H. 8. Remitter Br. 49. If the King gives Land to me, that is mine already, by Patent in Fee, I shall not be remitted. 21 E. 4.57. But if the King recites my former Right, and gives it me, I shall be remitted. Ibidem. Lib. Ass. 28.

Note; That the King cannot alter the Law, by his Proclamation, but he can make Proclamation, that if any one does contrary to the Contents of the Proclamation, that he shall incurr the Indignity of his Majesty; But upon pain of forfeiture of his Land or Life, without Parliament he cannot. Vide 31 H. 8. c. 8. That it was ordain'd by Parliament, that Proclamations made by the King, by advice of certain of his Council na­med in the same Act, ought to be obey­ed, as though they were made by Act of Parliament. And after, 34. H. 8. c. 23. another Statute was made, concerning Offenders of the former Statute; But by [Page 78] the 1 H. 6. c. 12. both the Statutes are repealed; by which Statutes it appear­eth, that Proclamations shall not bind, as Acts of Parliament do, unless it be so ordain'd by Parliament; for if so, the said Statutes of H. 8. were made in vain.

A Statute recites, that such are at­tainted of Treason before such Com­missioners, and this Attainder is confir­med; if there were no such Attainder in deed, the Act does not attaint them at all. Com. 400. A notable Case be­tween Robert Earl of Leicester and Sir Christopher Heydon, and the recital that they were attainted, shall not conclude the Party so supposed to be attainted, but that by an Averrment he may avoid it; see the Book.

By the 27 H. 8 th. it was ordained, that it should be Felony in a Servant to embezil the Goods of his Master, and after by 1 E. 6. c. 12. all Felonies, made in the time of H. 8 th. are annull'd, but the Felony of Embezilling, &c. And by the said Statute of 1 E. 6. it is shewn, that the said Statute of 27 H. 8 th. was held at Westminster, upon divers Proro­gations, the 4 th. of February in Anno. 27 [Page 79] H. 8. and there continued, and kept untill the 24 th. day of April next fol­lowing; and for that the said Branch▪ misrecites the Act of 27 H. 8. aforesaid, (for that Session begun the fourth day of February 27 H. 8. and continued un­till 24 th. day of April then next follow­ing, and then ended, and not continu­ed until 24 th. day of April, as the Branch makes mention) by which it is Evident, that the Branch of the Act that referrs to a Statute made in one Parliament, that begun such a day and continued till such a day, (whereas the Parliament did not continue) this must be void in point of time: and so the Parliament may mi­stake a thing, and by reason of this Mis­prision, it will not Arraign a Man that shall embezil his Master's Goods, after the said Act of 27 H. 8. Com. 400.

If a Statute make an Act Felony, and does not mention Accessories, yet there shall be Accessories in the Case of the Statute: and this Master Dallison, Justice of the King's Bench, said, that it was so held by the King's Bench Court, 3 & 4 Ph. et Mar. as Lambert Reports in his Book of the Justices of Peace. Fol. 289. [Page 80] Vide Stamford, 44. and 19 H. 6.47. according. In the Case of counterfeiting the Seal, or Money, where the consen­ter or aider to it, &c. And yet the Sta­tute speaks, If a Man counterfeit, &c. which thing another did not: so of Rape, where one commits the Act, and the other aids. 11 H. 4.12. Coron. Fitzh. 228. Vide Parliament. Br. 46.

If an Act make a new Law in the Af­firmative, which was not at Common Law, this Law implies a Negative; as a Man seised in right of his Wife, infe-offs a Stranger to the use of himself and his Wife, she is not remitted be­cause she is a Purchaser of the Use, and she shall have the Land, as to the Use, wherein so much is implied, as if the Statute had said, Et non aliter, seu alio modo. Com. 113. As the Statute of Westm. 2 c. 4. grants, that in a Quod. ei Deforciat, if the Tennant recover, and maintain the Title of that which the Demandants call Ad Warrantum ac si essent, Tenants in Priori brevi, there, if the former Action had been such, in which he could not Vouch, as a Scire Facias, the Demandant shall not Vouch [Page 81] because it is not a new Ordinance of a thing that was at Common Law, which implies a Negative; As if it had been said, Et nullo alio modo. Ibidem. 113.

When a Statute is made to Redress Covin, or an Inconvenience which was at Common Law, altho it be pe­nal, yet other Cases in the same mis­chief shall be taken by Equity of the Statute, as the Statute of the 16 R. 2. c. 5. of Premunire enacts, that if a man Sue for any thing in the Court of Rome, or else-where, for which he may have remedy in the Court of the King, he shall lose his Land, &c. In this Case, if a man Sue at the Court of Rome for that, for which he may have remedy in the Bishops Court in England, he shall be within the said Statute, and yet the said Statute speaketh of the Court of Rome, as appears, Premunire Br. 9.9 E. 4.3. per Yelverton, who said, that in the King's Bench it has often been the Opinion, that if a Clerk sue another in the Court of Rome for a thing Spiritual, where he may have remedy in this Realm, in the Court of the Ordinary, that he is in the Case of the Statute. The Statute [Page 82] de Religiosis, is that a recovery by the Defendant shall be Mortmain, and the Recovery by Reddition, Confession, or Action tried, is taken by Equity, by Genney, which is not decided, and so of Rent or Common, which is neither Land nor Tenement, by Lacon, which is not denied, 3 E. 4.14. Vide Montague in the Case of Wimbish. Com. 59. That the Statute which comes to redress Covin and Fraud, shall be taken by Equity, al­tho it be not within the words of the Sta­tute, and a Statute that is for the Re­dressing a general Mischief may be ta­ken by Equity. by Horton. Parl. Br. 13.19.

The Justices ought to take notice of a general Pardon given by Parliament, and allow it to the Party upon his Ar­raignment, altho the Party do not plead it, unless there be an Exception in the Pardon so given, for in such Case he ought to shew, that he is not one of them that is excepted, 27 H. 8.7. for the former and the latter, 8 E. 4.7. Charter of Pardon, Br 46.

The King shall not be bound by a Statute, unless he be expresly named in it, by Prisot, and Ashton, as in a Quare [Page 83] Impedit. Altho the six Months are elap­sed, the King shall not be bound, but shall have a Quare Impedit; so if the King usurp on an Infant, this shall put him out of Possession, notwithstanding the Statute of Westm. 2 c. 5. which aids an Infant against a common Person. 35 H. 6.62, 63.

A Man is attainted of Treason, and after the King gives his Lands to a stran­ger, and then he commits a Trepass on the Land, and after this he is restored by Parliament, and the Attainder is an­nulled, as if there had been no such At­tainder, he shall not be punished for that Trespass. Vide Trespass Br. 425.10 H. 7. adjudged; Vide 4 H. 7.10. But if a Daughter, or other collateral Heir en­ter, and take the Profits, and after the next Heir is born, as a Son; he shall not have remedy for the outing of the Incumbent, nor shall have an account for the mean Profits. 9 H. 6.23.

Note, if a man is attainted of Trea­son by Act of Parliament, all his Lands, Goods and Chattels are forfeited to the Crown, altho it be not so said in the Act it self: by Townsend Justice:

[Page 84]By the Common Law, if a man be at­tainted by Parliament of Treason or Felony, yet the Land is not in the Crown, before it be so found by Office, if it had not been so ordered by the Statute, 33 H. 8. c. 20, which gives possession in such case to the King without any Of­fice; yet where a Tenant of the King dies without Heir, there the Free-hold shall be in the King without Office, for that the Free-hold cannot be in suspence. 9 H. 7.2 Dyer 486. Com. 486, 229.

An Act of Parliament in the Affir­mative shall not alter the Common Law, as a man recovering Debt or Damages, does not sue Execution within the year he was put at the Common Law to his new. Original, for he should not have had a Scire Facias before the Statute of Westm. 2. c. 45. de his quae recordata sunt, which gives a Scire Facias in such case, yet the party that recovers, may have a Writ of Debt after this Reco­very, for that the said Statute is the af­firmative, 39 H. 6.3.

The Statute of 42 E. 3: c. 11. ordain­eth, that four dayes before the Assizes, the Pannel of the Assize shall be array­ed, [Page 85] yet two dayes before the Assize it is sufficient to array the Pannel in Assizes, for that the Statute is in the affirmative, 43 Lib. Ass. 22.

It is enacted by Parliament, that A.B. shall be restored, and that he may enter, yet he shall not enter upon the King, if it be not so enacted by Statute, that he may enter as well upon the King, as upon a Common Person. 4. E. 4.22, 23.

At a Parliament holden by Adjourn­ment, 38 H. 8. it was admitted, that if a Burgess of Parliament was made Mayor of a Town that had Judicial Jurisdicti­on, and the other is sick, that those are sufficient Reasons to choose others; and so they did by Writ of the King out of Chancery, that contained this matter, that it was admitted in the Commons House of Parliament. Par. Br. 7. 38 H. 8.

Note, A Statute or Act of Parliament shall not be proclaimed, for the Parlia­ment represents the Body of the whole Realm, for there are Knights, and Bur­gesses of every County and Town, 39 E. 3.7. But otherwise where it is or­dained by the Act, that it shall be pro­claimed, as the Statute of Labourers, [Page 86] 23 H. 6. c. 13. And the Statutes of Main­tenance, Champerty, Imbracery, and Reteiners, 32 H. 8. c. 9. are ordained to be proclaimed.

A private Act of Parliament shall not conclude men, as a general Act shall; neither are strangers to it bound to take any notice, as Privies are, by 37 H. 6.15. 13 E. 4.8. Office de Court, Br. 27.

Where the matter is against Reason, and the Party has no Remedy by the Common Law, he may sue for Remedy in Parliament, 37 Lib. Ass. 7.

A man was restored by Parliament to Land that was forfeited, and had a Writ directed to the Escheator to put him into Possession, and he returns, that he was disturbed in making Execution, by A. B. who came, and said, that he had not notice of the Restitution, and by the Justices he is excused till he had notice, and the Reason, as it seems is, for that it is a particular Act, 43 Lib. Ass. 29.

The Crown of England, and the Pre­heminence thereof, by Parliament, with all Prerogatives belonging to it, was gi­ven [Page 87] to H. 7. in Tayle, this extends not to Liberties and Franchises of others. 1 H. 7.13.

The King and the Lords assent, that H. B. shall be attainted, and lose his Land, and because it did not appear by the Act, that the Commons assented, therefore adjudged by all the Justices, that it was no Act of Parliament: where­upon the party was restored, 4 H. 7.10.

Note. By the same Reason, that the Queen by her absolute Authority may commit a man to Prison, and to tarry there during Pleasure, as appears, Stamford, 72. so also by her Proclamati­on she may ordain, that if any one do act against the Content of that Procla­mation, that he shall be imprisoned, and yet see 42 Lib. Ass. 5. where a Commis­sion issuing out of Chancery to seise the Goods of A. and his Body without other process, the Suit was awarded void.

Note, The Queen may by Proclama­tion inhibit, that her Subject shall not go out of the Realm, upon pain to make Fine for the Contempt if he go, &c. Fitzh. Nat. Br. 85.

[Page 88] T. infeoffs W. and A. his Wife in Tail, and after it was enacted by Par­liament, that all Estates made by T. to W. shall be void; yet by Fineax and Brian Chief Justice, this is void, as well to the Wife as to the Husband, for they are but one Person in Law, and the Wife cannot take but by the Hus­band; But if an Estate had been made to J. and to another Man, and all E­states made to J. are enacted by Parlia­ment to be void; there the Estate is good for a Moiety to the other man, and with this agreed Vavisor, yet others are of a contrary Opinion 5 H. 7.34. Dyer 331, 332.

Note, that it was agreed by the Justi­ces, that the Statute of Additions, made in Anno 1 H. 5. c. 5. shall bind the King as to Indictments and such like, as well as common Persons. 5 E. 4.32. Com. 236. But see there, that an Indictment is specially mentioned, which is at the King's Suit, and so is as a Name in the Statute.

See in the Book of Bracton, about a Parliament holden by a Lieutenant, or by a Protector, or by a Deputy, and [Page 89] the like; See 8 H. 5. c. 1. whereby it is enacted, that Parliament Writs being awarded in the name of the King's Lieu­tenant, shall not be staid upon the King's Return into England, neither shall the Parliament be dissolved.

An Act of Parliament in the time of H. 6. was made, whereby all Corpo­rations and Licenses granted by that King were made void: It was held, that this Act must be pleaded Certain, and the Court is not bound to take Conni­sance of them no more than of a parti­cular Act for a particular Person, for this Act is not general, but particular in a ge­nerality, That all Corporations, &c. or that all Lords, or all Bishops shall have such a Thing, &c. But where an Act is general, and extends to every Man, this ought to be pleaded. 13 Eliz. 4.8.

A particular Act was made, that the Chancellor calling to him a Justice, may award a Subpaena against A. and B. and make Fine of the matter; there all the Justices besides Littleton, would not a­ward a Subpaena General, but a Special one, making mention of the Act, for [Page 90] a particular Act shall be taken strictly, and a general Act for the Publick Good shall be construed largely. 14 Eliz. c. 41.

Every one shall be bound by an Act of Parliament, if his Right be not sa­ved, for every one is privy to an Act of Parliament. 21 H. 7.4. by Vavisor.

The Statute gives a Writ of Praemu­nire, &c. Yet one may have a Bill in the King's Bench, in Custodia Mares­challi, 2 R. 3.17. and the Statute of 1 R. 2. c. 12. gives a Writ of Debt against the Jaylor, and yet the Party may have a Bill upon the Escape against him: Com. 35.

If the King be intitled to the Land of J. S. by forfeiture for Treason, or Felo­ny, by Act of Parliament, or Office, by this all Tenures are determined, as well of the King as of all others, and there, if this Land be afterward given to ano­ther, by another Act of Parliament (sa­ving to others all Rights, Interests, Ti­tles, Rents, Service, and the like, as if no such Act had been made) there the Seigniories and the like, are revived, for no Seigniory was in esse at the time of the second Act made, and so there are [Page 91] no Words of giving, nor of reviving, but Words of saving, which serve not but to save that which is in esse at the time of saving, &c. But such Proviso in the first Act may serve, for it comes with the Act, that intitles the King, and if the King is intitled to Land by Office, by Escheat, and after it is enacted by Parliament, that the King shall enjoy it, saving to all others their Seigniories and Hundreds, there such saving will not serve, for the Reason aforesaid, for all was extinct before by Office, and no­thing was in esse at the time of the sa­ving, &c. 27 H. 8. Parliament. Br. 77.

Note, If an Act be general, viz. Where it speaks as well within Franchise, as without, this shall bind a County Pa­latine. 19. H. 6.12. by Hoddy.

Note, Those Words that destroy Life and Member in Statutes, are in­tended of Felony, as the Statute of Westm. 2. c. 34. where a Man ravished a Woman espoused, or Damsel, that as­sented not before or after, he shall have Judgment of Life and Member; which Words have always been taken to be Felony, without the word Felony men­tioned [Page 92] in a Statute; and so the Statute de frangentibus Prisonam. 1 E. 2. Coron. Br. 204. 9 E. 4.20.

If a Felon be pardoned by Parliament, and pleads not Guilty, he shall not have a Writ of Conspiracy, for the Felony was gone before by the Pardon. Fitzh. Nat. Br. in the Writ of Conspiracy there.

In a Replevin, the Defendant justifies, as under Sheriff of London, by a Fieri facias, to levy the Expences of the Knights of Parliament, amounting to, &c. And every Hundred was put in certain, and W. one of the Towns of such an Hundred, was rated 10 l. and he, as un­der Sheriff, took the Cattel in the Town, in such a Place, and the same Beasts he sold, and paid the Knights, and so avows, &c. And there by the Court, he may take the Arms of a Man for the Duty of the whole Town; and that those Boroughs which send Burgesses of Parliament, shall not pay to the Expen­ces of the Knights of the County, unless there be a Prescription, That the Te­nants of the Ancient Possessions of Lords of Parliament, have paid towards the [Page 93] expences of Knights of Counties; But if the Lords purchase Lands de novo, (that are lyable to those Expences) there the Tenants must pay. 11 H. 4. Fol. 2.

The Villains of Lords of Parliament, that come to Parliament, shall not be contributory to the Wages of Knights of the County, that come to Parliament, but the Lords shall have Letters in their own names, directed to the Sheriff, com­manding him, not to distrain their Vil­lains, &c. F. N. B. fol. 229.

If there be divers Sessions in one Par­liament, and the King signs not a Bill till the last, there all is but one and the same day, and all shall have Relation to the first day of the first Session, and the first day and the last are but one Parliament, and one and the same day, unless special mention be made in the Act when it shall take its force; but every Session, wherein the King signs Bills, is a day by it self, and one Parlia­ment by it self, and shall have no other Relation, but to the same Session. 33 H. 8. Parliament. Br. 86.

Note, If a Man in pleading alledge a Statute, and misrecites it in the Matter, [Page 94] or in the Year, Day, or Place, the other Party may demurr generally, be­cause there is no such Law; for every one that alledges a Statute, ought to re­cite the Law truly, but in the Kings case it may be amended, and this in another Term, otherwise in the case of a com­mon Person. 33 H. 8 Parliament. Br. 87.

A Man cannot prescribe against a Statute, as in Trespass, the Defendant prescribed to distrain for Tenure upon the Land holden, and to carry the di­stress to D. in another County, where­upon he was condemned, for the Statute is, that a man shall not take a distress in one County, and carry it into ano­ther. Marlebr. 4. and W. 1. c. 16. 30 Lib. Assis. Pl. 38. Prescription Br. 50. And yet, if a man hold Land in one County, of a Mannor that is in another Coun­ty, he may distrain for Rent, or Ser­vices of the same Land, and carry the distress where the Mannor is, and im­pound it there. 1 H. 6.4. Vide Prescrip­tion. Fitz. 58. 8 H. 3. &c. 6 H. 8. Rot. 351.

Ass. was awarded of Damages for the Plaintiff upon Certificat of the Bishop, that the Tenant was a Bastard, and the [Page 95] Parliament wrote to the Justices of As­size to cease, and yet they proceeded; whereupon the Chancellour reversed this Judgment before the Council, and adjudged it in the same manner as it was upon the Certificat, &c. And then remitted it to the Justices of Assize, that had proceeded, and given Judgment for the Plaintiff, for that the Bishop had cer­tified the Tenant to be a Bastard; and they took no notice of the Reversal be­fore the Council, for that is not a place where a Judgment ought to be rever­sed. 39 E. 3. 14.

Note, After Judgments given in the Court of the King, the Parties and their Heirs shall continue in possession till the Judgment be avoided by Attaint, or by Error, as it hath been used by the Laws in the time of the Kings Progenitors. 4 H. 4. c. 23.

The Parliament may take Recogni­zances, whilst it is sitting, viz. the Up­per House, 1 H. 7.20. and so it seems may the Lower House, Recogn. Br. 8. Parl. Br. 92.

Note, That it hath been often sound, that Wales, and the Counties Palatines that did not come to Parliament, should not be bound by the Parliament of Eng­land, [Page 96] for Ancient Demesn is a good Plea in an Action of Waste, given by the Statute, and yet Ancient Demesn is not excepted; and it is enacted, 2 E. 6. c. 28. that Fines with Proclamations shall be in Chester, for the former Statutes do not extend to it, and it is enacted, that Fines with Proclamation shall be like­wise in Lancaster, 37 H. 8. c. 19. and Proclamation upon an Exigent is given by Statute, in Chester, and in Wales, 1 E. 6. c. 10. and such another Act of Lanca­ster, 5 & 6 E. 6. c. 26. And the Statute of Justices of Peace shall not extend to Wales, nor to a County Palatine, and therefore an Act is made for Chester and Wales, 27 H. 8. c. 5. But see Tit. Coun­ty Palatine, 17. & 20. that any Act shall extend to a County Palatine, 8 H. 6. c. 34. See above, the Act for Knights and Bur­gesses of the said County Palatine to come to Parliament, &c. 34 H. 8. c. 13.

The Wife of a Duke, Earl, Baron, and such as being married, or Widows, in Case of Felony and Treason, shall be tried by their Peers, as her Husband shall be tried. per 20 H. 6. c. 11. Stamf. 153. But if her Husband cannot have such Tryal, the Wife shall not; and if after the death of the Husband, she [Page 97] marries an Esquire or Knight, she loses her Dignity in Law. Dyer 79.

An Attachment is not grantable by the Common Law, Statute Law, Cu­stom, or Precedent, against a Lord of Parliament, and the Lord Cromwel by order in the Parliament Chamber was discharg'd of such Process. Dyer, 316.

See Debt, for 100 l. brought by R. Buckley, Knight, against Richard Tho­mas of Lanuaire, upon the Statute of 23 H. 6. for that he was chosen Knight for the County of Anglesey in Wales, which said R. T. being Sheriff of that County, did not return him accordingly, where it was argu'd, that the Statute did not ex­tend to Wales, as to give the forfeiture aforesaid to the Knight chosen, and not returned; And yet it was adjudged, that the Plaintiff should recover, because the Statute 27 H. 6. enacts, that the Country, and Dominion of Wales shall be, stand, and continue for ever incorporated, uni­ted, and annexed to and with the Realm of England, and that every Person born, or after to be born in the said Country or Dominion of Wales, shall have, enjoy, and inherit all and every Liberties, Fran­chises, Rights, Privileges, and Laws, [Page 98] within this Realm, and other Domini­ons of the King, as other Kings Subjects naturally born within the same, have had and have enjoyed. Com. 120.

If a man speaks slanderous words of the Queen, and is not punished within the time given by the Statute of 23 Eliz. c. 2. he shall be punished by the Statute of Westm. 1. viz. shall be imprisoned untill he find the Person that spake, &c. ac­cording to the Statute, W. 1. cap. 33. and not according to the advice of the Council, for that is when the slan­der touches the Nobles and great Offi­cers, expressed in the Statutes made 2 R. 2. c. 5. & 12. R. 2. c. 11. and not the King, for he is a Person exempted, and not implyed in those words of great Men and Nobles. Dyer, 155.

In a Praemunire against a Lord of Par­liament, he ought to appear in his pro­per Person, and not by Atturney, un­less he has a special Writ of Chance­ry. 14 H. 4.14. 9 E. 4.2.

Note, that in January, 38 H. 8. Henry Howard, Earl of Surrey, Son and Heir Apparent of Thomas Duke of Norfolk, was attainted of high Treason for joy­ning the Arms of England, before the [Page 99] Conquest, and other Arms after, to his own Arms, and other pretences against the Prince, and he was tried by Knights and Gentlemen, and not by Lords, nor by Peers of the Kingdom, for that he was not an Earl by Creation but by Birth, as Heir Apparent of a Duke, who was invested with the dignity in Law, for if it had been a Dignity by Creation, and a Lord of Parliament, he should have been tried by his Peers. 38 H. 8. Treason, Br. 2.

A Statute in the Affirmative doth not alter the Common Law. Dier. 50.

Every Session is as a Parliament. Dy­er, Fol. 203.

Note, An attaint by Parliament, shall have Relation to the first day of Par­liament, as to the forfeiture of the Lands of the Offender, unless it be specified in the Act, that the forfeiture shall re­late to the day when the Treason was committed. Relation, 43.35. H. 8.

Note, That in every Case of Treason or Felony newly made by Statute, the Lords of Parliament shall have their Tryal by their Peers, notwithstanding that the Statute does not provide for it by express Words; so that the Proviso [Page 100] inserted for their Tryals in such Cases in the Statute is an abundance. per Stamford, 153. And Tryal per pares is given by Magna Charta, cap. 9. Stamford, 152.

Note, That in Cases of misprision of Treason, or Felony, Lords of Par­liament shall be tried by their Peers.

Note, That a Statute was made Anno Domini 1296. by the King and his Ba­rons, Clero excluso; and this was at a Par­liament holden at St. Edmundsbury, in the Reign of Ed. 1. as Jewel Bishop of Sarum, against Harding, fol. 620, repor­teth; And in a Province at Merton, in the time of H. 3. 1273, where the mat­ter was moved touching Basterdy, for the Legitimation of those that were born before Marriage, and it is said, that the Statute passed intirely with the Lords Temporal without the Clergy; but it seems that it is no Statute, but an affir­mance of the Common Law, which the Lords said, that they would not alter. see 11 R. 2. cap. 9.

A man attainted of Felony or Trea­son, shall not be restored in Blood with­out Parliament. Restitution. Br. p. 37. 3 E. 6.

[Page 101]In a Homine Replegiando the Sheriff returnes, that the Defendant had eloi­gned the Body, so that he could not make deliverance, &c. then the Plaintiff shall have a Capias in Withernam, to take the Body of the Defendant, and detain him, &c. untill, &c. be he either a Peer of the Realm, or other Common Person, and if the Sheriff return, Non est inventus, upon this Capias in Withernam, of the Body, then the Plaintiff shall have a Withernam of the Goods of the De­fendant. F. Nat. Brevium 68. 11 H. 4.15.

R. E. brought a Writ of Chancery, and of the Privy-Seal, to be discharged of serving in Juries and Assizes, for that he was a Baron, and therefore ought not to be sworn in Ass. against his own Will, and it was questioned whether he held by Barony, to come to Parliament as a Baron, and he said, that he held by one part of a Barony, and that he and his Ancestors have used to hold so time out of mind; and after upon good Ad­vise he was altogether discharged. Ex­emption. Br. 3. 46 E. 3.30.

When an Errour is sued in Parlia­ment, committed in the Kings Bench, a Scire facias shall issue forth to the Par­ty [Page 102] to answer at the next Parliament; and by Hankford, in Errour sued there, it is said, that the Record must remain with the Justices, and they send a tran­script of it thither, &c. Error. Fitz. 18. 8 H. 5. and Dier 375, the Record it self, and a Transcript of it, was brought into Parliament to be examined, and the Transcript was left there.

Bagot was made a Denizen by H. 6. and after, by a Parliament in the time of Ed. 4. All Acts done by H. 6. are re­pealed and annulled, yet B. continues a Denizen, for that he was made once a Denizen, and there must be a special Act to annull that Denizenship. Deni­zen. Fitzh. 1.9 E. 4.

Note, If a Peer of the Realm, or Lord of Parliament, be Demandant, for Plain­tiff, Tenant or Defendant, there must two Knights be returned of his Jury, or else the Array may be quashed; as ap­pears in an Assize betwixt the Earl of D. and Newdigate. Com. 117. Challenge, Fitzh. 115. 13 E. 3. and Dier, 107. Vide Dyer. 318. where the Defendant was proclaimed Earl of Kent, by Descent, pending the Writ, and after the Earl challenged the Array, for that he was [Page 103] an Earl, and no Knight returned in the Pannel, and it was not allowed, for the admittance of both Parties is to the con­trary, and no default in the Sheriff, for he had no notice of such estate of either Parties; and note, Dier 246. If there are divers Defendants, whereof one is a Lord of Parliament, and the Array is challen­ged for the Cause before, this shall serve to quash all the Array against the other Defendants also, for that it is intire.

The Statute of 4 H. 7. of Fines is pe­nal, because the Right shall be bound, if he comes not in within five years after the Title accrued, and for that the Sta­tute is very beneficial for the repose and quiet of Land in Possession of the Sub­ject, it shall be largely expounded, and therefore, if the time Commence in the Father, which is a stranger to the Fine, to make claim within the five years, and after he dies, within the five years, his Issue, that is within Age, shall be bound to pursue the rest of the five years commenced in the Life of his Fa­ther; as it is adjudged in the Case of Zouch and Stowell. Com. Fol. 375. And a Corporation, as Mayor and Com­munalty, that have an absolute Estate, [Page 104] shall be bound, if they do not make claim within five years after the Title accrued; and yet the Statute of 4 H. 7. of Fines, makes no mention of Corpo­rations, or Bodies politick, but yet are Parties within the intent of the Statute. Com. 538. Otherwise it is of a Person of the Church, and a Bishop, because they have not an absolute Estate. Ibidem.

Chaplains, that are Masters of Chan­cery, and are attendant on the Parlia­ment, shall not be Contributory (by reason of their Benefices) to the expen­ces of Proctors made by the Clergy, that come to Parliament, and if they be, they shall have a Writ to the Arch-dea­con and his Officers, for the dischar­ging them, and upon that there shall be an Alias, and Pluries, and Attachment against them: which Writ appears in Fitzh. Nat: Brevium, 229. and by the Writ it appears there, that this is given by the Statute of Westminster. Priviledge. Br. 56.

Lord and Tenant, and the Tenant is attainted of Treason by Parliament, and it is ordained by it, that he shall forfeit all his Lands, and after is pardo­ned and restored by another Parliament, [Page 105] Habendum sibi, & Haeredibus suis, as if there were no such Attainder, now he shall hold of the common Person as be­fore, and yet once the Tenure was ex­tinct by the forfeiture of the Land to the King. 21 H. 8. Tenures. Br. 70. Vide, Parliament Br. 77. What words in an Act will revive Seigniories, which were before extinguished, and that it is no good Case; And see Stam­ford. 197. That if the King infeoff an estranger of them, it ought to revive the mesn Seigniory, which was before the Attainder, Tenendum of the mesn Lord, as it was before the Attainder. Vide Petition F. 19 H. 4. 6 Edw. 3. For this excellent Case, Vide Dyer 313. where the saving of a Seigniory in a Statute is not good.

When a Statute gives a forfeiture to the King, and to the Party griev'd, as where a man is prejudic'd by Perjury, or by a fraudulent conveyance of Land or Goods, to defraud the Action or Suit of Creditors, and such like, there none shall have the Suit upon the Statute but the King, or the Party that has receiv'd Loss thereby.

Otherwise it is, if the Statute says, that the King shall have a Moiety, and [Page 106] he that shall inform shall have the o­ther Moiety (without mentioning the Party grieved.) And if the King com­menceth the Suit before an Information of the Party, in this Case the King shall have all the Forfeiture, and he may, be­fore the Suit of the Informer, release to the Party offending, and by it every other Person is excluded. 1 H. 7.19.

The Statute of 21 H. 8. c. 13. is, If a Parson take another Benefice beyond the yearly value of 8 l. without a Qua­lification, the first Benefice is void; This value shall not be taken as the Parsonage is valued in the Book of first-Fruits, but as it is valued in deed. Dyer, 237.

The Statute 21 H. 8. c. 13. says, that no Parson of a Church, or such Spiritu­al Man, shall take a Lease for years, for Life, or at Will, &c. upon pain of for­feiture for every Month that he shall occupy it, 10 l. to the King and Infor­mer; But note, that the Lease is not made void by the said Statute, as it has been ruled. Dyer, 358.

Note, no man can make Proclama­tion but by Authority of the King, as Mayors, and such like, as have privile­ges in Cities and Boroughs so to do, or [Page 107] have it by Custom; And therefore where an Executor made Proclamati­ons in certain Market Towns, that the Creditors should come by a certain day, and claim, and prove their Debts due by the Testator, and because he did this without Authority, he was committed to the Fleet, and fined. 22 H. Br. 8. 10.

Note, a Man shall not be made a Ba­stard after the death of his Father and Mother, because the marriage is deter­mined, and if a Commissary after their death find such Case of Divorce, and after such Diovrce being made, af­ter the death of one of the Parties, this shall never Bastardize the Issue; and so it was taken in Parliament. 24 H. 8. Bastard. Br. 23.39. c. 3.32.

Note, If a man gives Lands to one, and his Heirs Males, in this Case his Heirs Females shall also inherit; and this was also adjudged in Parliament, as Thorpe said, 18 La. p. 5.

Note, It was written Tybinry-broke, in a Writ of Cosinage, and in the Habere facias Visum, the Writ was Tybinry with­out Broke, and it was demanded of the King's Council, by S. H. Green and Thorpe, Justices, whether this word may [Page 108] be amended by the Statute of 14 E. 3. c. 6. which enacts, that the Justices may a­mend a Syllable or Letter, which is found too little or too much; and one of the Council answer'd, that it was a needless Question of them, whether it may be amended, for he said, that it may be well amended, be it a Syllable or a Letter, without which the Word cannot subsist, and no difference. 40 E. 3.34. And so see the Justices deman­ded the intent of the makers of the Sta­tute, of those that were of the King's Council.

Note, A Fifteenth is granted by Par­liament, and it is well known by the Ex­chequer Roll how much every Town in England shall pay at every Quinzim granted. Br. 9. 34 H. 8. And if the Te­nants pay for their Goods, the Lord shall not pay towards the Fifteen out of the Rents of the Lands that they occu­py and enjoy. 7 H. 4.33. 11 H. 4.46.

A Town is charged upon a fifteen granted, at the sum of 4 l. and one of the Town by the Kings Charter is dis­charged of the fifteen in the same Town, so much as amounts to his part shall be recounted in the said 4 l. and the Town [Page 109] shall be charged of the rest. Per Curiam, 19 H. 6.63.

Note, A Bishop has a Mannor within which are Tenements by the Verge, by Copy of Court Roll; which Copy-holds, time out of Mind, have been taxed with­in the same manner to the Wages of the Knights of Parliament, and a good Prescription, altho the Lord come to Parliament, and is charged for his Spiri­tual Possessions for the Dismes or Tenths among the Clergy. Vide Avow. Fitzh. 260. 8 R. 2. according.

One is taxed for the Fifteenth in his Land, and when he perceived that the Collector was coming to distrain for the 15th; that is to say, for his part that he was to pay towards the 15th, he drove his Cattel out of the same Land, before the Collector could take them: he can­not pursue: by Brian. So for damage feasant, 19 E. 4.10. otherwise it is for Rent-service. 44 E. 3.20.

At the time of a 15th granted to the King, A. who lives in W. has Corn grow­ing in C. and before the Assessment, he reaps and carries it to W. it shall be ly­able for the goods in W. and not in C. and in a Replevin the Issue shall be, If [Page 110] at the time of the Assessation of the 15th the Corn were remaining in C. or at W. 21 E. 3.42.

Note, The Fifteenth at this day is le­vied by Rods of Land most common­ly, and in some places upon their Goods. Quinz. Br. 9. 34 H. 8.

Note, That where the Abby of Saint Edmundsbury was founded by the King's Progenitors, and exempted from all Episcopal Jurisdiction, so that no Ordi­nary could Visit there, contrary to the Foundation, and Ordinance aforesaid; upon a difference that was between A. Bishop of Norwich, and B. Abbot of Bury, concerning that Exemption; It was Ordained at a Parliament of William the Conquerour, held such a Year (by the Arch-bishop of Canterbury, and all other Bishops of the Realm, and by the Earls and Barons) that for the time to come, neither the Bishop of Norwich, nor any of his Suc­cessors, should act contrary to the Points of the Exemption and Foundation a­bovesaid; and that he that shall be Bi­shop, shall pay to the King or his Heirs thirty Talents of Gold; and for that the Bishop of Norwich that now is, has [Page 111] gone contrary to this Ordinance of the King, a Contempt was issued against him, and the Bishop pleaded Not Guil­ty, and was found Guilty; whereupon it was awarded, That the Bishop's Tem­poralities shall be seized into the King's Hands, and that the King shall recover the said Sum of Money. 21 E. 3.60.

Note, Those of Ireland are bound by the Statute of England for their Goods, if the Statute gives forfeiture of Goods, for doing a thing contrary to the Statute, but not for Land, or any thing touching Land there. 2 R. 3. fol. 12. And yet those of Ireland, do not send any Lord, Knight, or Burgess to the Parliament of England, for they have a Parliament of their own when the King pleaseth. Vide Action upon the Statute, Fitzh. 1. and 11 H. 6. where Hussey Chief Justice said, that the Statutes of England bind those of Ireland, which was not much denied by the other Justices at that time, altho the Term before some were of a contrary Opinion. Vide 20 H. 6.9. That those of Ireland are not bound by the Statutes of England, as if Tenths be granted by the Parliament of England, those of Ireland are not bound, because they are not [Page 112] summoned to the Parliament of England.

Vide, Fitzh. Nat. Brevium 22. Error in the Kings-Bench of Ireland, reversed in the Kings-Bench of England. Assis. Fitzh. 328.

Vide Dier, 360. A Lord of Ireland shall not be tried in England for Treason done in Ireland, nor by his Peers, not by Ju­ry, because he is a Subject of Ireland; And England and Ireland have several Seals; whereby it appeareth, that the Laws of England shall not bind those of Ireland for their Land. Dier, 303. A man has Goods in England, and other Goods in Ireland, and dies intestate in England; and the Intestate has an Obligation of a Merchant that dwells in Ireland, which Obligation was in England, when he di­ed, and the Son of the Intestate obtains the Administration of the Bishop of Dublin for the Goods there, and the Wife of the Intestate of the Goods in England, of the Arch-Bishop of Canter­bury within his Province, the Son relea­seth to the Obligor in Ireland, and in Debt by the Wife of the Intestate, who has the Obligation in her Hand. This Release was pleaded, and the issue taken was, whether the Obligation was in [Page 113] England or in Ireland, when the Obligee died. Out of which it may be collected, that the Arch-Bishop of Canterbury had to do with it, and not the Bishop of Dublin. Dier 305.

Vide p. 16. El. Ro. 436. Lanc. A Writ of Accompt was brought by Steven Pinde, by his Guardian assigned by the Court, after that he was of the Age of fourteen years, and before twenty one years, for the profits of Land in Gavel­kind, received by Giles Frankling Defen­dant, Guardian of the said Pinde Plain­tiff, before fourteen years, and yet the Statute is, Cum ad aetatem, &c. and this is intended one and twenty years. Vide 29 E. 3.3. Accompt for Land in Gavel­kind after that the Heir came to fifteen years.

A man has Restitution by Act of Par­liament, and a Writ of Ouster le main issued forth to the Escheator, and the Tenant that had the Land, upon a Tra­verse by him tendered, made Rescous: If he had not notice of this Restitution, he shall not be punished by Fine for that Rescous, and the reason may be, for that it is a special Act. 43. Lib. Ass. 28.

[Page 114]Henric', &c. Vic. Darby salutem; Prae­cipimus tibi quod statim post receptionem prae­sentium in singulis locis infra Ballivas tuas, tam infra Libertates, quam extra, ubi magis expedire videris ex parte nostra so­lempniter, & publice Proclamation' fact' quaedam Statuta, & Ordinationes per nos de Communi assensu Praelatorum, Magna­tum, & Communit. Regni nostri in presen­ti Parliamenti nostri apud Westmonasterium pro communi utilitate totius Regni nostri prae­dicti, editi, & Provisi, quae in quibusdam schedulis huic brevi nostro annex' per Lato­rem praesentium tibi mittimus, mandantes praeterea quod immediate post Proclamatio­nem sicut permitt. per te factas omnes & sin­gul'. hujusmodi schaedulas in separat' distinct', et public' locis, ut subditis et Ligeis nostris plenius apparere poterit, in Tabulis affigi, et poni similiter fac', et hoc sub periculo incumbente non omitti; Teste, &c.

Note; That a special Bill against J. P. was put into Parliament, 33 H. 6. for Ra­vishing of a Woman, whereby it was or­dained, that he come before the Lords within a certain day after the Proclama­tion made by the Sheriff of the County of E. after Pentecost next, and if he ap­peared not, then he should be attainted, [Page 115] and pay a certain Sum to the Woman, and this Bill was exhibited to the Com­mons after Pentecost, which was within the time of Parliament, that begun 15 P. before; Anno Praedict'. And the Lords gave day to J. P. to appear after Pente­cost, Anno 1457, which was 34 H. 6. with­in a day certain after the Proclamation, and this Bill was not sent to the Com­mons, as it ought to have been, for that the Lords gave a longer time than the Commons gave, and after J. P. did not appear according to the Proclamation, whereupon he was taken, and sent into the King's-Bench, and there pleaded by his Counsel, that the Act was not an Act, for that the Lords had given a longer day, ut supra, and the Bill was transcri­bed upon a Certiorari in Chancery, and by Mittimus of Chancery under the Seal there, was sent to the Justices, and the Writ was, Rex Justitiariis suis, &c. Tran­scriptum cujusdam billae coram nobis in Cancellariam nostram in filacio, &c. ex­hibit', & authoritate ultimi Parliamenti nostri, &c. Confirm. versus J. P. Vobis mit­timus, by which, &c. And altho it is not an Act of Parliament in Law, for that the Lords gave a longer time, ut supra, [Page 116] yet the Clerk of Chancery made the Writ, which was confirm'd by Parlia­ment, and it was not so in Truth; And Fortescue, in the Exchequer Chamber, seems, that it cannot be intended but that the Act is good, for that the King by his Writ certified the Justices, that the Bill was confirm'd by Parliament; But Illingworth, Chief Baron, said, that it shall not be taken for an Act of Parlia­ment; for the writing of a Clerk of Chancery cannot make an Act of Par­liament good, if it be vitious or void in it self; and after, Fortescue said, that this is an Act of Parliament, and he would be advised before he would make void an Act of Parliament; and so see, if a Certificat under the Seal of the Chance­ry of a Record there, shall be contra­dicted. Vide Com. 232. and 21 E. 3.40. that a Man shall not have an Averrment against a Certificat under the great Seal.