Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	ireland_n	king_n	statute_n	2,756	5	8.4949	4	false

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

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

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 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 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 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 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. 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. 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. 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 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

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 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 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 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 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 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 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

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 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 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 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 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 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. 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