Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	bishop_n	king_n	london_n	4,896	5	7.1888	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A35634	Arcana Parliamentaria, or, Precedents concerning elections, proceedings, privileges, and punishments in Parliament faithfully collected out of the common and statute-law of this realm, with particular quotations of the authors in each case, by R.C. of the Middle Temple ... ; to which is added The authority, form, and manner of holding Parliaments, by the learned Sir Tho. Smith ...	R. C., of the Middle Temple, Esq.; Smith, Thomas, Sir, 1513-1577.	1685 (1685)	Wing C97; ESTC R36268	44,399	122

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 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 both the Statutes are repealed by which Statutes it appeareth that Proclamations shall not bind as Acts of Parliament do unless it be so ordain'd by Parliament for if so the said Statutes of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 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. 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 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 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 Impedit Altho the six Months are elapsed the King shall not be bound but shall have a Quare Impedit so if the King usurp

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 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 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 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 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 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 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

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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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