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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

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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 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 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. 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. 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 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 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
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