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A36228 The antiquity and power of parliaments in England written by Mr. Justice Doddridge and several other learned antiquaries. Doddridge, John, Sir, 1555-1628. 1679 (1679) Wing D1791; ESTC R13105 30,734 146

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Parliament or in the Parliament time be arrested and by priviledge be discharged after the Session endeth then he is again arrested and presently cometh another Session then must he be discharged again and so continue perhaps eight or ten years and the debtor cannot come by his debt what course should be taken for the debtors presence is still of Record in the said house and in the former case the said Martin was discharged In the Parliament Anno 27. Eliz. one Kerle was brought into the house of Commons for serving a Sub-poena out of the Star-chamber upon a Burgesse he was awarded to pay five Marks for his charges and he absolutely dismissed Sir Robert Brandling made an assault in the North upon one Witherington of the house of Commons in the Country before his coming to the Parliament Sir Robert was sent for up by the house and committed to the Tower One Gardiner a Burgesse of the Parliament committed to the Fleet by my Lord Keeper was delivered putting in bond that he should after the Parliament apper A Bargesse of Parliament a little before the end of the Parliament fell sick 28 Eliz. and six weeks after the Parliament ended when he was recovered and to go into his Country he was arrested and yet notwithstanding he had his priviledge Quaere That not onely the Burgesses and Knights shall have priviledge but also their attendant Servants 28 Eliz. One Mr. Hall a Burgesse had his man in Execution for debt and was delivered The said liberty for Servants is mentioned in the Statute of 8 H. 6. chap. 1. where it is ordained 34 H. 6.26 a. that such as shall be called to the Convocation by the Kings Writ and their Servants and Familiars shall for ever hereafter fully use and enjoy such liberty or defence in coming tarrying and going as the great Men and Commonalty of the Realm of England called or to be called to the Kings Parliament One Richard Chedder Esquire which came to the Parliament with Sir Thomas Brook one of the Knights of the Parliament for Somerset 8 H. 4.13.20 9 H. 4.1 Parliament 5 H. 4. and the said Thomas his menial Servant was wounded and beaten by one John Savage this being done in the Parliament time he made a Fine and Ransome to the Kings will Touching the choice place and votes of Members of Parliament I shall give you a brief account out of our Books of Law Place is given to Knights in Parliaments because they do import the presence of all the Freeholders of the several Shires for which they are chosen and hereof see the Book in 2 R. 3.12 a. Ireland is not bound touching Land by the Statutes of England Quia non hic habent milites in Parliamento Farther by Martin the reason why ancient demesne is not bound and made privy to divers Statutes is because they are not contributary to the expences of Knights and Burgesses 7 H. 6.35 Fitz. Jurisdict 4. And further by Nele it is plainly expressed that the cause why Acts of Parliament are publick is 21 E. 4.59 a. for that every Man hath his Attorney in Parliament to wit the Knights of the Shire for the Country and the Burgesses for the Cities and Borroughs It seemes that in ancient time there was but one Knight for a Shire for the Statute of Staple made 27 E. 3. Staple 9. hath these words Whereas good deliberation had with the Prelates Dukes Earles Barons and great Men of the Counties that is to say of every County one for all the Counties and of the Commons of Cities and Borroughs None shall be chosen Knights of the Parliament unless they be resiant within the Shire where they shall be chosen the day of the date of the writ of the Summons of the Parliament and that the Knights and Esquires 1 H. 5. cap. 1. and others which shall be chusers of the Knights of the Shires be also resiant within the same Shires in manner and form as is aforesaid and by the same Statute it is ordained and established that the Citizens and Burgesses of the Cities and Borroughts be chosen men Citizens and Burgesses resiant abiding and free in the same Cities and Boroughs and none other in any wise The manner of Election of the Knights of the Parliament is declared by Authority of Parliament as followeth that is to say at the next County to be holden after the delivery of the writ of the Parliament proclamation shall be made in the full County of the day and the place of the Parliament and that all they that be then present as well Suitors duly summoned for the same cause as others shall attend to the Election of their Knights for the Parliament and then in the full County they shall proceed to the Election freely and indifferently notwithstanding any Prayer or Commandment to the contrary and after that they be chosen the names of the Persons so chosen be they present or absent 7 H. 4. cap. 15. shall be written in an Indenture under the seals of all them that did chuse them and tacked to the said writ of the Parliament which Indenture so sealed and tacked shall be holden for the Sheriffs return of the said Writ touching the Knights of the Shires 7 H. 4. cap. 15. 7 H. 4. cap. 15. And the Election shall be in every County of the Realm of England by people dwelling and resiant in the same Counties whereof every one shall have free Land or Tenements to the value of forty shillings by the year at the least above all charges and that they that shall be so chosen shall be abiding and resiant within the same Counties and such as have the greatest number of them that may expend forty shillings by the year and above as aforesaid shall be returned by the Sheriff of every County Knights for the Parliament by Indentures sealed betwixt the said Sheriffs and the said Chusers so to be made and every Sheriff of the Realm of England shall have power by the said authority to examine upon the Evangelist every such Chuser how much he may expend by the year 8 H. 6. cap. 7. c. Provided always that he that may not expend forty shillings by the year as aforesaid shall in no wise be Chuser of the Knights for the Parliament 8 H. 6. cap. 7. 8 H 6. cap. 7. Which Act of Parliament was afterwards expounded that the Knights of all the Counties within the Realm of England to be chosen to come to the Parliament hereafter to be holden shall be chosen in every County by people dwelling and resiant in the same whereof every man shall have Freehold to the value of forty shillings by the year at the least above all charges within the same County where any such Chuser will meddle with any such Election 10. H. 6. cap. 2. Against the Parliament holden Anno 27. and 28 Eliz. a Writ issued to the Sheriff of Norfolk