Miscellanea Parliamentaria CONTAINING PRESIDENTS 1. Of Freedom from Arrests 2. Of Censures 1. Upon such as have wrote Books to the dishonour of the Lords or Commons or to alter the Constitution of the Government 2. Upon Members for Misdemeanours 3. Upon persons not Members for Contempts and Misdemeanours 4. For Misdemeanours in Elections Besides other Presidents and Orders of a various Nature both of the House of Lords and Commons With an APPENDIX Containing several Instances wherein the Kings of England have consulted and advised with their Parliaments 1. In Marriages 2. Peace and War 3. Leagues And other Weighty Affairs of the Kingdom By William Petyt of the Inner-Temple Esq London Printed by N. Thompson for T. Basset at the George and J. Wickins at the White Hart in Fleetstreet 1680. TO William Williams Esq SPEAKER OF THE HONOURABLE HOUSE OF Commons The AUTHOR Humbly Dedicates these his Miscellanea Parliamentaria THE CONTENTS FErrers Case Pag. 1. § 1. Some few Presidents against such as have Wrote Books to the Dishonour of the Lords and Commons and the Subversion of the Government Pa. 12. § 2. Some Presidents wherein the House of Commons have for Misdemeanours turned out and discharged their Members Pa. 90. § Some Presidents for punishing Persons that were no Members for Contempts and Misdemeanours Pa. 96. § 4. Some Presidents for punishing Misdemeanours in Elections Pa. 111. § Some Miscellaneous Presidents and Orders both of the House of Lords and Commons p. 137. An Appendix Or A Collection of some few Records and Presidents out of many other of the like Nature whereby it appears That the Kings of England were pleased to consult and advise with their Parliaments de arduis negotiis Regni of the weighty and difficult Affairs of the Kingdom p. 221 THE PREFACE I Have seen saith Stephen Gardiner who was Dr. of Laws Bishop of Winchester and after Lord Chancellour of England the Councel much astonished when the King would have done somewhat against an Act of Parliament It was made then a great matter The Lord Cromwel had once put in the Kings our late Sovereign Lords Head to take upon Him to have His Will and Pleasure regarded for a Law for that he said was to be a very King and thereupon I was call'd for at Hampton-Court and as the Lord Cromwel was very Stout come on my Lord of Winchester quoth he for that conceit he had whatsoever he talked with me he knew ever as much as I Greek or Latine and all Answer the King here quoth he but speak plainly and directly and shrink not man Is not that quoth he that pleaseth the King a Law Have ye not the Civil-Law therein quoth he Quod principi placuit and so forth quoth he I have somewhat forgotten it now I stood still and wondered in my Mind to what Conclusion this should tend The King saw me musing and with earnest gentleness said Answer him whether it be so or no I would not answer my Lord Cromwel but delivered my Speech to the King and told him I had read indeed of Kings that had their Will always received for a Law but I told him the Form of his Reign to make the Laws his Will was more sure and quiet and by this Form of Government ye be established quoth I and it is agreeable with the Nature of your People If ye begin a new manner of Policy how it will frame no man can tell and how this frameth ye can tell and would never advise your Grace to leave a certain for an uncertain The King turned his Back and left the matter after till the Lord Cromwel turn'd the Cat in the Pan afore Company when he was angry with me and charged me as though I had played his part This Tale is true and not without purpose to be remembred So far the Bishops Letter And from it and other passages in History I shall raise four Observations That it was a general Rule and Principle in most great Ministers of State or as the old Word was Minions to flatter and poison Princes minds with Absolute and Despotical Power not for the Honour or good of the Crown for that can never be but for their particular Advantages that Themselves might Reign and be Sovereigns over their Masters And indeed not only of our own Country but of others Historians are full of the sad and woful Effects thereof in most Ages which makes me frequently revolve the melancholly Contemplation of Cardan Inter fures scurras adulatores constitutus est princeps a furibus bona diripiuntur a scurris mores corrumpuntuh ut quisque melior est ex aula abigitur ab adulatoribus veritas summum inter mortales bonum ablegatur unde miseri principes propter has larvas in Cimmeriis ignorantiae tenebris perpetuo vivunt O miseram principum sortem qui nunquam norunt quali in statu res suae positae sint adeo vero aures principum emollitae sunt ut ad veritatis nomen tanquam ad Nili cataractas obsurdescant This pessima gens humani generis always abhorred a Parliament and the reason thereof is demonstrative because they well knew they should then be called to an impartial and strict account and be punished according to their demerit as de facto it appears in the Cases of the Lord Cromwel after Earl of Essex and the Protector the Duke of Somerset mentioned in the Bishop's Letter that they were questioned in Parliament although possibly the proceedings therein against them were managed with too much Violence and artifice by the malice and policy of their Enemies And no man in all points can justifie the acts of all Councels whether Ecclesiastical or Civil The first was attainted of High-Treason in the Parliament 32. H. 8. amongst other Crimes 1. For Vsurping upon the Kingly Estate Power Authority and Office 2. For having the Nobles of the Realm in great disdain derision and detestation 3. And further also being a person of poor and low degree as few were within the Realm pretended to have so great a stroke about the King that he lett it not to say publish and declare That he was sure of the King which was detestable and to be abhorred amongst all good Subjects in a Christian Realm that any Subject should enterprize to take upon him so to speak of his Sovereign Leige Lord and King The second was in the Parliament 3 and 4 E. 6. Fined and Ransomed amongst other Offences 1. For desiring the Rule Authority and Government of the King and Realm by himself only and getting the Protectorship 2. That by his own Authority he did stay and lett Justice and subverted the Laws as well by Letters Patents as by his other Commandments 3. He rebuked checked and taunted as well privately as openly divers of the Privy Counsel for shewing and declaring their advices and opinions against his purpose in weighty Affairs
former Proceedings in this House against the said Mr. Hall as well in disabling him to be any more a Member of this House as also touching his said Imprisonment the Matter was referred to further Consideration after search of the Presidents and Entries of this House heretofore had and made in the course of the said Cause On Friday the 2d day of December upon a Motion this day renewed on the behalf of the Inhabitants of the Burrough of Grantham in the County of Lincoln touching a Writ brought against them by Arthur Hall Esq whereby he demandeth Wages of the said Inhabitants for his Service done for them in attendance at sundry Parliaments being elected and returned one of the Burgesses of the said Burrough in the same Parliaments For as much as it is alledged that the said Arthur Hall hath been heretofore disabled by this House to be at any time afterwards a Member of this House and also that in some Sessions of the same Parliaments he hath neither been free of the Corporation of the said Burrough and in some other also hath not given any attendance in Parliament at all It is Ordered that the Examination of the state of the Cause be committed to the Right Honourable Sir Walter Mildmay Kt. one of her Majesties most Honourable Privy Councel Chancellor of her Highness's Court of Exchequer Sir Ralph Sadler Kt. one other of her Majesties most Honourable Privy Councel and Chancellor of her Highness's Dutchy of Lancaster Thomas Crumwel Robert Markham and Robert Wroth Esquires to the end that after due Examination thereof by them had if it shall so seem good to them they do thereupon move the Lord Chancellor on the behalf of this House to stay the granting out of any Attachment or other Process against the said Inhabitants for the said Wages at the Suit of the said Arthur Hall and the said Committees also to signifie their Proceedings therein to this House at the next Sitting thereof accordingly An Order delivered by Mr. Crumwel Entred by the Consent of the House WHereas upon Complaint made to this House upon Munday the 21. day of November in the first Meeting of this present Parliament on the behalf of the Burrough of Grantham in the County of Lincoln against Arthur Hall Gent. That the said Arthur Hall had commenced Suit against them for Wages by him demanded of the said Burrough as one of the Burgesses of the Parliament in the Sessions of Parliament holden in the 13. 14. 18. and 23. years of the Reign of our Sovereign Lady the Queens Majecty wherein it was alledged that the said Burrough ought not to be charged as well in respect of the negligent attendance of the said Mr. Hall at the said Sessions of Parliament and some other Offences by him committed at some of the said Sessions as also in respect that he had made promise not to require any such Wages The Examination of the said Cause on the 2d day of December in the last Session of this Parliament by Order of this House was committed unto Sir Ralph Sadler Kt. Chancellor of the Dutchy Sir Walter Mildmay Kt. Chancellor of the Exchequer Thomas Crumwel Robert Markham and Robert Wroth Esqs. This day Report was made by the said Committees that not having time during the last Session of Parliament to examine the Circumstances of the Cause they had in the mean season by their Letters advertised my Lord Chancellor that the said Cause was committed unto them and humbly requested his Lordship to stay the issuing forth of any further Process against the said Burrough until this Session of Parliament or Meeting which accordingly his Lordship had very honourably performed and the said Committees did further declare that having during this Session of Parliament or Meeting sent for Mr. Hall declared unto him the effect of the Complaint against him they had desired him to remit the said Wages which he had demanded of the said Burrough whom they found very conformable to condescend to such their Request and that the said Mr. Hall then alledged and affirmed unto them that if the Citizens of the said Burrough would have made suit unto him he would upon such their own suit then remitted the same so was he very willing to do any thing which might be grateful to this House and did freely and frankly remit the same which being well liked of by this House it was by them this day Ordered that the same should be entred accordingly §. 1. Mr. Arthur Hall's Case stated I. ANno 23 Eliz. 1580. Mr. Arthur Hall Burgess for Grantham for writing a Book derogatory to the Authority Power and State of the Commons House of Parliament had Judgment nemine contradicente 1. To be imprisoned in the Tower for 6 months and from thence till he had made a Retractation of his Book 2. To be severed and cut off from being a Member of that or any future Parliament 3. A Fine of 500 Marks to the Queen 4. His Book and slanderous Libel adjudged utterly false and erroneous II. Anno 1 Jacobi 1603. The Bishop of Bristol publishing a Book tending to make division and strife wrong and dishonour both to the Lower House and the Lords themselves was complained of by the Commons to the Lords The Earl of Salisbury at a Conference between the two Houses rebuked the Bishop That any man should presume to see more than a Parliament could the Bishop made his Recantation 1. That he had erred 2. That he was sorry for it 3. If it were to do again he would not do it 4. But protested it was done of ignorance and not of malice III. Anno 7 Jacobi 1609. Dr. Cowell Professor of the Civil Law at Cambridge writ a Book called the Interpreter rashly dangerously and perniciously asserting certain Heads to the overthrow and destruction of Parliaments and the fundamental Laws and Government of the Kingdom He was complained of by the Commons to the Lords as equally wounded who resolved to censure his Errors and boldness but upon the interposition of the King who declared that the man had mistaken the Fundamental Points and Constitutions of Parliaments promised to condemn the Doctrines of the Book as absurd and him that maintained the Positions they proceeded no further His Principles with the evident Inferences from them were these 1. That the King was solutus à Legibus and not bound by his Coronation Oath 2. That it was not ex necessitate that the King should call a Parliament to make Laws but might do that by his absolute power for Voluntas Regis with him was Lex populi 3. That it was a favour to admit the consent of his Subjects in giving of Subsidies 4. The Doctor draws his Arguments from the Imperial Laws of the Roman Emperors an Argument which may be urged with as great reason and upon as good authority for the reduction of the state of the Clergy of England to
in divers Places assembled and required to lend certain sums of Money unto your Majesty and many of them upon their refusal so to do have had an Oath administred unto them not warrantable by the Laws or Statutes of this Realm and have been constrained to become bound to make appearance and give attendance before your Privy Councel and in other Places and others of them have been therefore imprisoned confined and sundry other ways molested and disquieted and divers other Charges have been laid and levied upon your People in several Counties by Lord Lievtenants Deputy Lieutenants Commissioners for Musters Justices of Peace and others by Command or Direction from your Majesty or your Privy Councel against the Laws and free Customs of the Realm And where also by the Statute called the Great Charter of the Liberties of England it is declared and Enacted That no Freeman may be taken or imprisoned or be disseised of his Freehold or Liberties or his free Customs or be Outlawed or Exiled or in any manner destroyed but by the lawful Judgment of his Peers or by the Law of the Land And in the 28th year of the Reign of K. Edward the III. it was Declared and Enacted by Authority of Parliament That no man of what Estate or Condition that he be should be put out of his Land or Tenements nor taken nor imprisoned nor disinherited nor put to death without being brought to answer by due process of Law Nevertheless against the tenour of the said Statutes and other the good Laws and Statutes of your Realm to that end provided divers of your Subjects have of late been imprisoned without any cause shewed and when for their deliverance they were brought before your Justices by your Majesties Writs of Habeas Corpus there to undergo and receive as the Court shall order and their Keepers commanded to certifie the causes of their detainer no cause was certified but that they were detained by your Majesties special Command signified by the Lords of your Privy Councel and yet were returned back to several Prisons without being charged with any thing to which they might make answer according to the Law And whereas of late great company of Souldiers and Mariners have been dispersed into divers Counties of the Realm and the Inhabitants against their wills have been compelled to receive them into their Houses and there to suffer them to sojourn against the Laws and Customs of this Realm and to the great grievance and vexation of the People And whereas also by Authority of Parliament in the 25th year of the Reign of K. Edward the III. it is Declared and Enacted That no man should be forejudged of Life or Limb against the form of the great Charter and the Law of the Land and by the said great Charter and other the Laws and Statutes of this your Realm no man ought to be adjudged to death but by the Laws established in this your Realm either by the Customs of the same Realm or by Acts of Parliament And whereas no Offendor of what kind soever is exempted from the Proceedings to be used and Punishments to be inflicted by the Laws and Statutes of this your Realm nevertheless of late divers Commissions under your Majesties Great Seal have issued forth by which certain persons have been assigned and appointed Commissioners with Power and Authority to proceed within the Land according to the Justice of the Martial Law against such Souldiers and Mariners or other dissolute persons joyning with them as should commit any Murther Robbery Felony Mutiny or other Outrage or Misdemeanour whatsoever and by such summary Course and Order as is agreeable to Martial Law and as is used in Armies in time of War to proceed to the Tryal and Condemnation of such Offendors and them to cause to be executed and put to death according to the Law Martial By pretext whereof some of your Majesties Subjects have been by some of the said Commissioners put to death when and where if by the Laws and Statutes of the Land they had deserved death by the same Laws and Statutes also they might and by no other ought to have been judged and executed And also sundry grievous Offendors by colour thereof claiming an exemption have escaped the Punishments due to them by the Laws and Statutes of this your Realm by reason that divers of your Officers and Ministers of Justice have unjustly refused or forborn to proceed against such Offendors according to the same Laws and Statutes upon pretence that the said Offendors were punishable only by Martial Law and by Authority of such Commissions as aforesaid which Commissions and all other of like nature are wholly and directly contrary to the said Laws and Statutes of this your Realm They do therefore humbly pray your most Excellent Majesty that no man hereafter be compelled to make or yield any Gift Loan Benevolence Tax or such like Charge without common Consent by Act of Parliament and that none be called to make answer or take such Oath or to give attendance or be confined or otherwise molested or disquieted concerning the same or for refusal thereof and that no Freeman in any such manner as is before mentioned be Imprisoned or Detained And that your Majestie would be pleased to remove the said Souldiers and Mariners and that your People may not be so burthened in time to come And that the foresaid Commissions for proceeding by Martial Law may be revoaked and adnulled And that hereafter no Commissions of like nature may issue forth to any Person or Persons whatsoever to be executed as aforesaid least by colour of them any of your Majesties Subjects be destroyed or put to death contrary to the Laws and Franchises of this Land All which they most Humbly Pray of your most Excellent Majesty as their Rights and Liberties according to the Laws and Statutes of this Realm And that your Maiestie would also vouchsafe to declare that the awards doings and proceedings to the prejudice of your People in any of the premisses shall not be drawn hereafter into Consequence or Example and that your Majesty would be also graciously pleased for the further comfort and safety of your People to declare your Royal Will and Pleasure That in the things aforesaid all your Officers and Ministers shall serve you according to the Laws and Statutes of this Realm as they tender the Honour of your Majesty and the Prosperity of this Kingdom Which Petition being read the 2d of June 1628. the King's Answer was thus delivered unto it THe King willeth that Right be done according to the Laws and Customs of the Realm and that the Statutes be put in due execution that his Subjects may have no cause to complain of any wrong or oppressions contrary to their just Rights and Liberties to the preservation whereof he holds himself in Conscience as well obliged as of his Prerogative But
ê‘ bouche devant nostre dit Seignior le Roy en plein Parlement st feust entrée en Rolle de Parlement de mot a mot en null autre maniere ê‘ ascun voie que le request lour estoit octroiez de quel Cedule issint leverée le tenure sensuit de mot a mot 38. Anno 28 E. 1. A Truce being concluded between the English and French by King Edward's Ambassadors who therein had dishonourably agreed to include the Scots the Ambassadors at the ensuing Parliament were sharply rebuked and corrected not only by the King himself the Prelates and Nobles but by the Commons But to take away exceptions let the Record speak Treugae initae inter Angliae Franciae Reges per eorum procuratores Nuncios Anno gratiae 1031. pro quibus dicti Nuncii Regis Angliae Reprehensi fuerunt non solum per ipsum Regem Praelatos Nobiles sed etiam Communitatem Regni praedicti pro eo quod promiserunt Regem Gentes Scotiae includi in Treugis ex parte Francorum Regis ex parte confederationis prius initae inter Francorum Scotorum Reges praedictos 39. Anno 12 E. 2 A War being between England and France the Pope sent two Cardinals to conclude a Truce between the two Crowns Whereupon King Edward declares Nos pro eo quod Praelatis Proceribus ac Magnatibus Regni nostri necnon Confederatis nostris quorum interest inconsultis dicte Treugae tunc assentire non poteramus Parliamentum nostrum apud westmonast in Crastino purificationis beate Mariae Virginis ultimo preterito mandaverimus convocari ut tam ipsorum Praelatorum Procerum ac Communitatum dicti Regni nostri quam Confederatorum nostrorum praedictorum habere possemus de liberationem quid agendum foret consultius in hac parte c. And afterwards the Record says Nos habita in dicto Parliamento cum Praelatis Proceribus ac Communitatibus Regni nostri praedictis necnon cum Nunciis ad nos de dictis confederatis nostris accedentibus super hiis deliberatione pleniori licet consideratis qualitate temporis jam currentis facti circumstantiis nobis ipsis visum fuerit periculosum fore multipliciter dampnosum aliquam cessationem seu dilationem ulterius concedere c. Had we had left us the Parliament Rolls of H. 3. E. 1. E 2. and some in E. 3. which are destroyed or lost Truth to which all owe a submission would have more plainly appear'd A QUERE touching the Parliament of Scotland WHat the Constituent parts of the Commune Consilium or Parliament of Scotland was in the time of our King E. 1. near 400 years since and why not the same before is amongst other Authorities proved as I conceive by a grand Record in the Tower of London which declares that the League between the Scotch and French was ratified and confirmed Inter ipsum Francorum Regem em una parte dictum Dominum Johannem de Balliolo ac Prealatos Nobiles ac Universitates Communitates Civitatum Villarum dicti Regni Scotiae pro ipsis eorum Haeredibus Successoribus ex altera Et etiam ad includendum dictum Dominum Johannem caeteros omnes terrae Scotiae predictos in Treugis inter dictos Angliae Franciae Reges initis proipsis eorum Heredibus subditis confederatis ad fines infrascriptos A Query may arise from this Record If the Tenants in capite only compounded and made the Parliament of that Kingdom in former Ages as some hold The Query is this Whether all Prelates Noblemen Universities and Communities of Cities and Towns of Scotland held of the Scotish King in capite Tempore E. 1. For if they held of any other or of him otherwise then in capite How could the Tenants in capite be the only Members of the Parliament according to the exact Enumeration of the constituent Parts mentioned and set down in this great Record which tells us that the League was made 1. On the one part between the King of France 2. On the other part between 1. John Balliol who was then King 2. The Prelates 3. The Nobles 4. The Universities and Communities of the Cities and Towns of the Kingdom of Scotland 5. And that for themselves 6. And for their Heirs and Successors The late proceedings touching Ship-money declared unlawful and all Records and Process concerning the same made void WHereas divers Writs of late time issued under the Oreat Seal of England commonly called Ship-writs for the charging of the Port-Towns Cities Boroughs and Counties of this Realm respectively to provide and furnish certain Ships for His Majesties Service And whereas upon the Execution of the same Writs and returns of Certioraries thereupon made and the sending of the same by Mittimus into the Court of Exchequer Process hath been thence made against sundry Persons pretended to be charged by way of Contribution for the making up of certain Sums assessed for the providing of the said Ships And in especial in Easter-Term in the thirteenth Year of the Reign of our Sovereign Lord the King that now is a Writ of Scire facias was awarded out of the Court of Exchequer to the then Sheriff of Buckinghamshire against John Hampden Esq to appear and shew cause why he would not be charged with a certain Sum so assessed upon him Upon whose Appearance and demurer to the Proceedings therein the Barons of the Exchequer adjourned the same Case in the Exchequer-Chamber where it was solemnly argued divers days and at length it was there agréed by the greater part of all Justices of the Courts of Kings-Bench and Common-Pleas and of the Barons of the Exchequer there assembled that the said John Hampden should be charged with the said Sum so aforesaid assessed on him The main grounds and reasons of the said Justices and Barons so agreed being That when the good and safety of the Kingdom in general is concern'd and the whole Kingdom in danger then the King might by writ under the Great Seal of England command all the Subjects of this his Kingdom at their charge to provide and furnish such manner of Ships with Men Victuals and Munition and for such time as the King should think fit for the defence and safe-guard of the Kingdom from such Danger and Peril and that by Law the King might compel the doing thereof in case of refusal or refractoriness and that the King is the sole Judge both of the Danger and when and how the same is to be prevented and avoided According to which grounds and reasons all the Justices of Kings-bench and Common-Pleas and the said Barons of the Exchequer having been formerly consulted with by His Majesties Command had set their hands to an extrajudicial Opinion expressed to the same purpose which Opinion with their Names thereunto was also by His
our most Christian King in His blessed and famous Purposes and Proceedings to the establishing both of true Christian Religion in this His Church of England and Ireland and of a Christian Policy in the civil State of the same c. and after they granted the Subsidies It is far from my thoughts to delight in raking into the misfortunes of any much less of great men but in all Ages it hath been allowed to publish the Memoirs of ill men to the intent to deter Posterity from acting and committing such Crimes and Offences which we find were severely punished both by God and Men. And whoever will take the pains to run over the ancient Historians and Records of the Kingdom will find that the Troubles in Richard the 1st's time the Barons Wars the Confusions in E. 2 d's time the woful Distractions in the Reign of R. 2. and H. 6. had their source and rise from one grand Cause the extravigant and insufferable Dominion and Power of Minions or Favourites with their Partisans which K. James rightly calls Pests and Vipers of a Common-wealth who notwithstanding their spetious glosses and pretences of Loyalty to the Crown rather then suffer themselves to be questioned and punished by Law for their Arbitrary and Illegal Acts Resolved to run the hazard of and see the ruine and destruction both of Prince and People My Lord Bacon after he was Sentenced in Parliament meeting with Sir Lionel Cranfield after Earl of Middlesex whom King James had then newly made Lord Treasurer My Lord Bacon having first congratulated his advancement to so Eminent a Place of Honour and Trust told him between jest and earnest That he would recommend to his Lordship and in him to all other great Officers of the Crown one considerable Rule to be carefully observed which was to Remember A Parliament will come I do not believe that his Lordship had the Spirit of Divination But certain it is that two years after in the Parliament 21. and 22. of that King the Commons Impeached the Earl for what and what the Judgement was thereupon hear the Record Messuage sent to the Commons by Mr. Serjeant Crew and Mr. Attorney General viz. That the Lords are now ready to give Judgment against the Lord Treasurer if they with their Speaker will come and demand the same Answered They will attend presently The Lords being all in their Robes the Lord Treasurer was brought to the Bar by the Gentleman Usher and the Serjeant at Arms his Lordship made low obeysance and kneeled until the Lord Keeper willed him to stand up The Commons with their Speaker came and the Serjeant attendant on the Speaker presently put down his Mace The Speaker in their Name to this Effect viz. The Knights Citizens and Burgesses in this Parliament assembled heretofore transmitted unto Your Lordships several Offences against the Right Honourable Lionel Earl of Middlesex Lord High Treasurer of England for Bribery Extortion Oppressions and other grievous Misdemeanours committed by his Lordship And now the Commons by me their Speaker demand Judgment against him for the same The Lord Keeper Answered The High-Court of Parliament doth adjudge 1. That Lionel Earl of Middlesex now Lord Treasurer of England shall lose all his Offices which he holds in this Kingdom and shall be made for ever uncapable of any Office Place or Imployment in the State and Commonwealth 2. And that he shall be Imprisoned in the Tower of London during the Kings pleasure 3. And that he shall pay unto our Sovereign Lord the King the Fine of 50000 l. 4. And that he shall never sit in Parliament more 5. And that he shall never come within the Verge of the Court. Ordered That the Kings Councel draw a Bill and present the same to the House to make the Lands of the Earl of Middlesex liable unto his Debts unto the Fine to the King unto Accompts to the King hereafter and to Restitution to such whom he had wronged as shall be allowed of by the House So that the familiar saying of my Lord Coke is very remarkable That no Subject though never so Potent and Subtile ever confronted or justled with the Law of England but the same Law in the end infallibly broke his Neck THE CASE OF George Ferrers Esq IN the Lent Season whilst the Parliament yet continued one George Ferrers Gent. Servant to the King being elect a Burgess for the Town of Plimouth in the County of Devon in going to the Parliament-house was Arrested in London by a Process out of the Kings-Bench at the Suit of one White for the sum of two hundred Marks or thereabouts wherein he was late aforecondemned as a Surety for the Debt of one Welden of Salisbury which Arrest being signified by Sir Thomas Moyle Kt. then Speaker of the Parliament and to the Knights and Burgesses there order was taken that the Serjeant of the Parliament called S. J. should forthwith repair to the Compter 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 Compter 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 Compter-gates between the said Ferrers and the said Officers not without hurt of either part so that the Serjeant was driven to defend himself with his Mace of Armes 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 of his Message rejecting the same contemptuously with much proud language So as the Serjeant was forced 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 was not a few as well of the Kings Privy-Councel as also of his Privy-Chamber would sit no longer without their Burgess but rose up wholly and repaired to the Vpper House where the whole case was declared by the mouth of the Speaker before Sir T. Audley Kt. then Lord Chancellor 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 eftsoon repair to the Sheriffs of London and require delivery of the
Praesides atque Ministri manibus tenacibus oculis impudicis effrenata libidine lapideis cordibus ficta gravitate lingua melliflua sed dentibus virulentis breviter auri insatiabili fame Cardan libro de utilitate ex adversis capienda Cap. de Temporum Magistratuum pravitate p. 649. Journ Dom. Com. 19 Jac. Sir Robert Floid's Case Turned out for being a Monopolist Journ Dom. Com. 3 Car. 1. Mr. John Barbour's Case The Order of the Commons against Barbour Journ Dom. Com. 4 E. 6. Criketost's Case Journ Dom. Com. 1 Jac. Complaint that a Yeoman of the Guard who kept the door of the Lobby of the Upper House against several of the Members of the House of Commons 22 Marti 1603 Tash brought to the Bar submits and is pardoned paying Fees Journ Dom. Com. 18. Jac. Sir Francis Mitchell's Case Committed to the Tower Carried on foot through London-streets After impeached by the Commons before the Lords Journ Dom. Proc. 18 Jac. The Lords send to the Commons That they are ready to give Judgment against Mitchell if they would come and demand it The Commons by their Speaker demand Judgment against Sir Francis Mitchell The Lord Chief Justice pronounceth the Judgment The Judgment of the Lords against Sir Francis Mitchell There was a Clause in Patents of Monopolies whereby power was given to imprison and hundreds were committed by colour thereof to Finsbury Gaol and the Fleet. Journ Dom. Proc. 18 Jac. Fowles Geldard and others committed Journ Dom. Com. 20 Jac. Dr. Harris's Case To recant in the Pulpit Journ Dom. Com. 3 Car. 1. Mr. Burgesse a Minister his Case Journ Dom. Com. The Case of Sir William Wray M. Langton Mr. John Trelawnie and Mr. Edward Trelawnie The Judgment of the Commons The Commons House of Parliament adjudge them To make submission in the Countrey at the Assizes Journ Dom. Com. 3. Car. 1. Levet for executing a Patent in time of Prorogation which was adjudged a Grievance by the House in the last Session ordered to be sent for by the Serjeant at Arms. Journ Dom. Com. 4. Car. 1. The Parliament prorogued Journ Dom. Com. 4 Car. 1. The Officers of the Custom-house Journ Dom. Com. 4 Car. 1. The Case of Acton Sheriff of London for contempt in prevaricating in his Testimony Ordered to be sent for Tuesd. 10 Feb. Appears and called to the Bar. His Crime with others aggravated Sentenced to the Tower Journ Dom. Com. 4 Car. 26 Jan. The Case of Lewis Journ Dom. Com. 18 Jac. The Case of the Mayor of Winchelsey Judgment against the Mayor Journ Dom. Com. 20 Jac. The Case of the Mayor of Arundel for Misdemeanour Judgment To pay the Charge to be set down by 3 Members Jouâ—n Dom. Com 21 Jac. The Case of Ingry the under Sheriff of Cambridgeshire Judgment To make a submission at the Sessions Journ Dom. Com. 3 4 Car. 1. Tuesd. Apr. 29. The Case of the Sheriffs of York and others touching the Election of Sir Thomas Savile Nota. Nota. Nota. Sir Robert Philips The Sheriff to pay the charges of the Witnesses to be set down by four Witnesses Committment of Davenport to the Tower for misinforming the House of Commons as a Witness Anno primo Regis Jacobi Num. 42. penes Joh. Brown Ar. Cler. Parliamentor Nota. Anno 3 Car. 1. Pult. Stat. fol. 1433. 34 E. 1. No Tallage or Aid to be laid or levied without Authority of Parliament 1 E. 3. 6. 11 R. 2. 9. 1 R. 3. 2. 9 H. 3. 29. 28 E. 3. 3. 37 E. 3. 18. 38 E 3. 8. 42 E. 3. 3. 17 R. 2. 6. Quartering Souldiers against Law 25 E. 3. 9. 9 H. 3. 29. 25 E. 3. â—4 28 E. 3. â—3 Nota. Martial Law in time of Peace against the Laws and Statutes of England Nota. Nota. Here the good King condemns the Law and Doctrine of Dr. Cowell Blackwood Manwaring Fulbeck Sibthorpe Alablaster Filmer and their Transcribers and Disciples Journ Dom. Com. Parl. 1 Jac. Mercurii 23 Maii A. D. 1603 A Bill is delivered to the Speaker going to the House purporting a Declaration of Treason by a Magistrate of the Land who Gives an Account of it to the House Who forbear to read it at that time The King sends for the Bill The House expected an Accompt thereof from Mr. Speaker and after demands it Questions handled thereupon To cease with a caution care of the priviledge of the House To be Registred as the Judgment of the House that no Speaker should deliver a Bill whereof the House was possessed without leave The Speakers excuse Motions by several Members No Bill of which the House is possessed to be delivered without notice and leave of the House Jur. Dom. Com. Die venris 27. February 4 Jac. A. D. 1606. A Message from the King The Union of England and Scotland That the Writ called them to Consul de arduis Regi Their attendance a great duty Departure a greater contempt than a Noblemans Adviseth no Lawyer or other of Note to depart Would assist the House for their stay or recalling Motions and Debates upon the Message Mr. Speaker's motions Others move 3 Questions made 1 Question 2 Question 3 Question Resolves Order Veneris 27. February The Union of England and Scotland Die Martis 3. Martii Mr. Hide departs without License and is sent for Resolved that other Letters be writ to other Members who were Lawyers The form of the Letter Jurn Dom. Com. 27. Jac. Vereris 27. Maii. Order that a Committee take into consideration misinformations given to the King concerning the proceedings of the House of Commons Jour Par. Dom. Com. 18. 19. Jac. 15. Martii The Case of Dr. Lamley Chancellor to the Bishop of Peterburrough and Dr. Cradock a Divine Chancellor to the Bishop of Durham Dr. Lamely accused for Extortion and other Misdemeanours Dr. Cradock accused for Briberies and other Misdemeanours Kelway Fo. 184. Rastall's Stat. 8 H. 6. c. 1. Journ Dom. Com. 19 Jac. Sabbathi 2 die Junii Confirmation of the Order concerning all Patents adjudged Grievances Journ Dom. Com. Lunae 26 Martii Concerning all Patents adjudged Grievance Journ Dom. Com. Sabbathi 17 Martii Order pro Churchill March 21. Sr. Robert Phillip's Reports from the Committee appointed to examine Keeling and Churchill who informed them of many Corruptions against the Lord Chancellor April 25. A Committee for regulating the Chancery and to consider of Churchill's false Orders and the Faults of the rest of the Registers Sir Dudley Diggs saith that Churchill was Register Councellor and Judge referred to the Committee Anno 19 Jac. A Copy of the Petition remaining with William Goulds borough Esq Clerk of the House of Commons The Complaint of the Mayor Bayliffs and Burgesses of Northampton against Dr. Lamb Chancellor to the Bishop of Peterborough Nota est Cyclopum vivendi ratio quibus illa crudelis vox in Tragoedia attribuitur non ulla Numina expavesco Coelitum sed victimas uni deorum maximo ventri offero
the Polity and Laws in the time of those Emperors as also to make the Laws and Customs of Rome and Constantinople to be binding and obligatory to the Cities of London and York IV. In the same Parliament Mr. Hoskins a Member of the Commons produced several other Treatises containing as much as Dr. Cowell's Book all sold impune amongst the rest there was one Blackwood's Book which concluded That we are all Slaves by reason of the Conquest Upon these pernicious and false principles our more modern Authors have without controul published to the World these and many more dangerous positions against the very being and honour of Parliaments and destructive to the ancient fundamental Laws Priviledges and Customs of this Realm POSITIONS 1. That originally the Parliament consisted only of such as it pleased the King to call none having Right to come else 2. That all the Subject hath is the Kings and he may lawfully at his pleasure take it from us in regard he hath as much Right to all our Lands and Goods as to any Revenue of the Crown 3. That the Saxon Kings made Laws by the advice of the Bishops and Wise men which were no other then the Privy-Councel 4. That the Laws Ordinances Letters Patents Priviledges and Grants of Princes have no force but during their life if they be not ratified by the express consent or at least by the sufferance of the Prince following who had knowledge thereof What then becomes of the Peerage of England what of the Bishops Deans Prebends and other dignified Clergy what of the Charters of all Corporations what of hereditary Offices and what of Offices and Places for life and lastly what becomes of the Charters and Priviledges of the two most famous Vniversities of England Cambridge and Oxford 5. That Taxes and Subsidies were raised and paid without any gift of the Commons or of any Parliament in the Saxon times for instance Danegelt 6. For it was matter of Grace for the King to call the Commons to Parliament Yet afterwards the Commons were called and made a House by the Bishops in the times of the Barons War the better to curb them yet were they never called to consult but only to consent 7. Yet others deny that and affirm that the Commons had their first birth and beginning by Rebellion Anno 49 H. 3. and that too after the Battel of Lewes when the Barons had the King and Prince Edward in their power as prisoners and exercised Regal Authority in his Name He reigned 57. years 8. But this is not agreed by some for they say ab ingressu of William the First ad excessum H. 3. they cannot find one word of the Plebs or Commons being any part of Parliament hence another infers that the opinion is most like who think That the Commons giving their assent to making of Laws began about the time of E. 1. 9. The Legislative power is wholly in the King for the Statutes of most antiquity according to the phrase of penning may seem to be the meer will and pleasure of the King assisted with his Councel neither Lords nor Commons being named witness inter al. the Statute of Magna Charta 9 H. 3. c. 10. Nor did the Commons take into consideration matters of Religion which was only the place and function of the Lords Spiritual and Divines to determine and not at all appertaing to the Laity semper exclusis Dominis Temporalibus Communitate Regni 11. As for the Priviledges of the House of Commons pretended to there 's none to be found full and firm but only their being freed from Arrests and that hardly 12. They are not called to be any part of the Common Councel by the Writ of Summons 13. Nor to consult de arduis Regni negotiis of the difficult business of the Kingdom 14. For the Writ saith That the King would have conference and treat with the Great men and Peers but not a word of treaty and conference with the Commons 15. Their duty being only ad faciend consentiend to perform and consent to such things as should be Ordained by the Common Councel of the Kingdom 16. Nor is there so much mention in the Writ as a power in the Commons to dissent No more is there in the Lords Writ what then 17. Until H. 7's time the Commons were often petitioning but never petitioned to and then directed to the Right Worshipful Commons 18. That until the time of E. 6. who was an Infant for that I suppose was the pretended foundation of the notion it was punctually expressed in every Kings Laws that the Statutes were made by the King alone and then there began a dangerous alteration in the phrasing and wording of Acts of Parliament to the disadvantage of the Crown and invading the Prerogative 19. Lastly for it would be tedious to trouble the Reader with all their absurdities Chimaera's and false Inferences and Notions with which they have stuffed their Books and imbroiled the Kingdom by imposing upon the understanding of many of the Clergy and Gentry in the Nation They boldly assert that the Kings Prerogative is a preheminence in cases of necessity of which he is the proper and sole Judge above and before the Law of property and inheritance And so farewell all Parliaments and by consequence farewell all Laws It is God alone who subsists by himself the Right of Crowns and Kingdoms and all other things exist in mutual dependance and relation The Soveraignty Honours Lives Liberties and Estates of all are under the guard of the Law which when invaded by fraud or wit or destroyed by force a dismal confusion quickly veils the face of Heaven and brings with it horrid darkness misery and desolation Rapine plunder and cheating both private and publick will be allowed and protected continual Rebellions unjust Proscriptions villanous Accusations and Whippings illegal and lasting Imprisonments and Confiscations dismal Dungeons tormenting Racks and Questions Arbitrary and Martial Law Murthers inhumane Assassinations and base and servile Flatteries multiplied by Revenge Ambition and insatiable Avarice will become the Common Law of the Land All these and myriads more will be enacted for Law by force or fraud All which that wise King James well understood who saith That not only the Royal Prerogative but the Peoples security of Lands Livings and Priviledges were preserved and maintained by the ancient fundamental Laws Priviledges and Customs of this Realm and that by the abolishing or altering of them it was impossible but that present confusion will fall upon the whole state nnd frame of this Kingdom And his late Majesty of ever blessed memory was of the same mind and opinion when he said The Law is the Inheritance of every Subject and the only security he can have for his Life or Estate and the which being neglected or dis-esteemed under what specious shew soever a great measure of infelicity if not an irreparable confusion
must without doubt fall upon them But to return back V. Anno 3 Caroli primi Dr. Manwaring was impeached in Parliament by the Commons for preaching and printing several Sermons with a wicked and malicious intention to seduce and misguide the Conscience of the King touching the observation of the Laws and Customs of this Kingdom and the Rights and Liberties of the Subjects thereof and to incense his Royal Displeasure against his Subjects and to scandalize subvert and impeach â—he good Laws and Government of this Realm and the Authority of the High Court of Parliament to alien his Royal Heart from his People and to cause Jealousies Seditions and Divisions in the Kingdom Whereupon he had Judgment 1. To be imprisoned during pleasure of the House of Lords 2. Was fined a 1000 l. to the King 3. To make such submission and acknowledgment of his Offences in writing both there and at the Bar of the Commons House 4. Suspended for the term of 3 years from exercising the Ministry 5. Foâ— ever disabled to preach at Court 6. That he should be for ever disabled to have any Ecclesiastical Dignity or Secular Office 7. That his said Books were worthy to be burnt and that for the better effecting of that his Majesty was to be moved to grant a Proclamation to call them in to be burnt in London and both the Vniversities and to prohibit their Reprinting This was the Judgment of the Lords The Doctor made his submission upon his knees first at the Bar of the House of Lords and after on his knees at the Bar of the House of Commons His Submission was this I do here in all sorrow of heart and true repentance acknowledge those many Errors and Indiscretions which I have committed in preaching and publishing those two Sermons of mine I call Religion and Allegiance and my great fault in falling upon this Theam again and handling the same rashly scandalously and unadvisedly in mine own Parish-Church in St. Giles in the Fields the 4th of May last past I do humbly acknowledge those three Sermons of mine to be full of many dangerous passages and inferences and scandalous aspersions in most parts of the same And I do humbly acknowledge the Justice of this Honourable House in that Sentence and Judgment pass'd upon me for my great offence and I do from the bottom of my heart crave pardon of God the King this Honourable House the Church and the Commonwealth in general and those worthy Persons reflected upon by me in particular for these great Errors and Offences Roger Manwaring After all which the Lords ordered the Bishop of London to suspend him according to the Clause expressed in the part of the Judgment against him The Doctor after got a Pardon and was made a Bishop which occasioned great Disturbances in the House of Commons in 4 Car. 1. The Charge and Articles against the Doctor drawn out of his own Books Article I. 1. That his Majesty is not bound to keep and observe the good Laws and Customs of the Realm concerning the Right and Liberty of the Subject to be exempted from all Loans Taxes and other Aids laid upon them without common Consent in Parliament 2. That his Majesties Will and command in imposing any charges upon his Subjects without such consent doth so far bind them in their consciences that they cannot refuse the same without peril of eternal damnation Article II. 1. That these Refusers had offended against the Law of God 2. Against the Supreme Authority 3. By so doing were become guilty of impiety disloyalty rebellion disobedience and liable to many other Taxes Article III. 1. That Authority of Parliament is not necessary for the raising of Aids and Subsidies 2. That the slow proceedings of such Assemblies are not fit to supply the urgent necessity of the State 3. That Parliaments are apt to produce sundry impediments to the just designs of Princes and to give them occasion of displeasure and discontent It was a saying of Themistius in his Consular Oration to Jovinian the Emperor that Some Bishops did not worship God but the Imperial purple This Dr. as I said before after this so solemn a Judgment did in the time of Prorogation between 3 4 Car. 1. get a Pardon and not only so but the Bishoprick of St. Davids which occasioned great debates and disturbances in the Parliament when they reassembled again the power and validity of his Pardon being brought in question and several times argued but the dissolution of the Parliament put an end to the dispute for that time But in the Parliament before the Long Parliament of 1640. the Lords highly resented it as may appear by following proceedings This day was read the Declaration of the House of Commons made tertio Caroli Regis against Dr. Manwaring since Lord Bishop of St. Davids and likewise the Sentence pronounced against him by the Lords Spiritual and Temporal in the High Court of Parliament which is committed to the consideration of the Lords of the Grand Committee for Priviledges and it was moved that what can be alledged on the Lord Bishop of St. Davids part either by Pardon License or otherwise that it may be produced and seen at the sitting of the Lords Committees for theirfull and clear understanding and better expedition in the business Having taken into consideration the business concerning Dr. Manwaring it was ordered that upon Munday next the Records be brought into the House that the House may determine the Cause touching Dr. Manwaring The business appointed this day concerning Dr. Manwaring is referred until to morrow morning viz. 28 Aprilis The Lord Keeper by command from his Majesty was to let their Lordships know that his Majesty had understood that there was some question concerning Doctor Manwaring now Bishop of Saint Davids and that his Majesty had given command that the said Dr. Manwaring shall not come and fit in Parliament nor send any Proxy to the Parliament thereupon it was ordered to be entred so And between that and the next Parl. as I am informed he died VI. Anno 3 Caroli primi Dr. Mountague was complained of in the House of Commons for writing and publishing several Tenents tending to Arminianism and Popery and that he had committed a contempt against the House Heli the Priest who teaching from without Corrupted Faith bound under Laws of might Not feeling God but blowing him about In every shape and likeness but the right We are to desire to conform our selves to former Parliaments this Cause began here 21. Jac. and then it was commended to the Archbishop But after it was so far from cure that another Book of Appeal came out and the Parliament 1 Caroli sent to the Archbishop to know what he had done who said he had given Mountague Admonition and yet he Printed that second Book without his consent and so it was then debated and the
state nostre Seigneur le Roy ses heirs pur le state du Roialme du Peuple soient tretez accordez establez en Parlement par nostre dit Seigneur le Roy par l'assent des Prelatz Comtz Barons tout le Commune du Roialme auxi come ad estre accustumer ceo en arrear That those things which are for establishing the Estate of the King and his Heirs and for the Estate of the Realm and the People thereof shall be treated of accorded and established in Parliament by the King and by the assent of the Prelates Earls Barons and all the Commons of the Realm as it had been accustomed in times past Rastals Stat. Anno 38 E. 3. f. 124. the Statute of Provisors from Rome And to the intent that the said Ordinances and every of the same for the ease quietness and wealth of the Commons be the better sustained executed and kept and that all those which have offended or shall offend against these Ordinances by prosecutions accusations denunciations citations or other Process made or to be made out of the said Realm or within or otherwise against any manner of person of the said Realm be the more covenable and speedily brought in answer to receive right according to their desert The King the Prelates Dukes Earls Barons Nobles and other Commons Clerks and Lay-people be bound by this present Ordinance to aid comfort and to counsel the one and the other and as often as shall need and by all the best means that may be made of word and of deed to impeach such offenders and resist their deeds and enterprizes and without suffering them to inhabit abide or pass by the Seignories Possessions Lands Jurisdictions or Places and be bound to keep and defend the one and the other from all damage villainy and reproof as they should do their own persons and for their deed and business and by such manner and as far forth as such Prosecutions or Process were made or attempted against them in especial general or in common Rot Parl. 21 R. 2. n. 27. Pur le Pape s'accorderent touts les Prelats Seigneurs Communes en le Parlement That Pope Urban was true lawful Pope and that the Livings of all Cardinals Rebels to Holy Father and all others their coadjutors fautors and adherents and all other Enemies of the King and his Realm shall be seized into the hands of the King and the King to be answered of the profits thereof and whosoever shall procure or obtain any Provision or other Instrument from any other Pope then the said Urban shall be out of the Kings Protection Certaine Priests en Angleterre avoient offend en diverse points en temps R. 2. durant le division de la Papacy les fueront per Act del Parlement deprives de leur Benefices 21 H. 7. fo 34. Rot. Parl. 2 H. 5. par 2. num 10. An Act of Parliament made 2 H. 5. agrees and confirms that it was ever the liberty and freedom of the Commons of England that no Statute or Law could be made unless they gave thereto their assent and the Reason was convincing and certain which the King and his Councel the Archbishops Bishops Abbots Priors Earls and Barons in Parliament agreed to and never in the least questioned or doubted of that the Commons of the Land have ever been a Member of Parliament and were as well Assenters as Petitioners The Record is thus That so as it hath ever be their liberte and freedom that ther should no Statute ne Law be made of less then they yaffe thereto there assent considering that the Common of your Lond the which that is and ever hath be a Membre of your Parliament ben as well Assenters as Petitioners Rot. Parl. 3 H. 5. n. 11. Nostre Seigneur le Roy per avys assent des Seigneurs Communes Enact That during the Schism at Rome all Bishops and other persons of Holy Church shall be consecrated by the Metropolitan upon the Kings Writ without further excuse or delay Pultons Stat 24 H 8. c. 12. It was enacted by Authority of Parliament That all Archbishops and Bishops of this Realm or of any the Kings Dominions consecrated and at this present time taken and reputed for Archbishops and Bishops may by Authority of this present Parliament and not by vertue of any provision or other foreign Authority License Faculty or Dispensation keep enjoy and retain their Archbishopricks and Bishopricks in as large and ample manner as if they had been promoted elected confirmed and consecrated according to the due course of the Laws of this Realm and that every Archbishop and Bishop of this Realm and of other the King's Dominions may minister use and exercise all and every thing and things pertaining to the Office or Order of an Archbishop and Bishop with all tokens in Signs and Ceremonies thereunto lawfully belonging Rastals Stat 25 H. 8. c. 12. It is declared both by the Lords Commons That your Royal Majesty and your Lords Spiritual and Temporal and Commons representing the whole state of your Realm in this your most High Court of Parliament have full power and authority not only to dispence but also authorize some elect person or persons to dispence with those and all other Humane Laws of this your Realm and with every one of them as the quality of the persons and matter shall require and also the said Laws and every of them to abrogate adnul amplifie or diminish as shall be seen unto your Majesty and the Nobles and Commons of your Realm present in your Parliament meet and convenient for the wealth of your Realm as by divers good and wholesom Acts of Parliament made and established as well in your time as in the time of your most noble Progenitors it may plainly and evidently appear Pultons Stat. An. 2 3 E. 6. cap. 21. All Laws prohibiting Spiritual persons to marry who by Gods Law may marry shall be void Be it therefore enacted by our Soveraign Lord the King with the assent of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled and by the Authority of the same that all and every Law and Laws positive Canons Constitutions and Ordinances heretofore made by Authority of Man only which do prohibit or forbid marriage to any Ecctesiastical or Spiritual person or persons of what estate condition or degree they be or by what name or names soever they be called which by Gods Law may lawfully marry in all and every Article Branch and Sentence concerning only the prohibition for the marriage of the persons aforesaid shall be utterly void and of none effect and that all manner of forfeitures pains and penalties crimes or actions which were in the said Laws contained and of the same did follow concerning the prohibition for the marriage of the persons aforesaid be clearly and utterly void frustrate and of none effect to all intents