telling them they were unworthy to sit in Councel That he needed not to open matters to them and that he would be otherwise advised thereafter and if they agreed not with his Opinion he would put them out and take in others at his Pleasure 4. That he had held against the Kings Laws in his own House a Court of Requests and forced divers to answer for their Free-holds and Goods to the subversion of the Law 5. That he had without Advice of the Counsel disposed of Offices for Money 6. That he would not suffer New-haven and Blackness to be furnished with Men and Victuals although advertized of their defects whereby the French King was comforted and encouraged to invade and win them to the dishonour of the Realm 7. And whereas the Privy-Counsel had out of their Love and Zeal for the King and Realm consulted at London to come to the Duke to move him charitably to amend and reform his Doings and Mis-government he caused to be declared by Letters in divers places the Lords to be High-Traytors to the great disturbance of the Realm And further declared That the Lords endeavoured to destroy the King to the intent to make Sedition and Discord between the King and Lords 8. The Duke at Hampton-Court and Windsor declared these Speeches The Counsel at London do intend to kill me But if I die the King shall die with me and if they famish me they shall famish the King and so conveyed the King suddenly in the Night to Windsor whereby he got a Disease 9. He assembled great numbers in Arms and after minding to fly to Jersey or Wales laid Post-Horses about and Men for the same Intent All which Offences and Crimes the said Duke acknowledged and submitted himself to the King After which passed the Act That for his said Offences and Crimes he should forfeit a great many Manors which the Crown had given him To bring it to the Relation made by the Bishop not without purpose to be remembred how dangerous a thing it was to break the Law or an Act of Parliament The Bishop thus further expresseth in the same Letter Now whether the King may command against an Act of Parliament and what danger they may fall in that break a Law with the King's consent I dare say no man alive at this day hath had more experience with the Judges and Lawyers then I First I had experience in my old Master the Cardinal who ohtained his Legacy by our late Sovereign Lord's request at Rome and in his sight and knowledge occupied the same with his 2 Crosses and Maces born before him many years yet because it was against the Laws of the Realm the Judges concluded it the Offence of the premunire which conclusion I bare away and take it for a Law of the Realm because the Lawyers so said but my reason digested it not The Lawyers for confirmation of their doings brought in a Case of the Lord Tiptoft as I remember a jolly Civilian he was Chancellor to the King who because in the execution of the King's Commission he had offended the Laws of the Realm he suffered on Tower-Hill they brought in Examples of many Judges that had Fines set on their Heads in like Case for doing against the Law of the Realm by the King's Commandment and then was brought in the Judges Oath not to stay any Process or Judgment for any Commandment from the King's Majesty And one Article against my Lord Cardinal was That he had granted Injunctions to stay the Common Law and upon that occasion Magua Charta was spoken of and it was made a great matter the stay of the Common-Law and this I learned in that Case sithence that time being of the Counsel when many Proclamations were devised against the Carriers out of Corn at such time as the Transgressors should be punished the Judges would answer it might not be by the Laws whereupon ensued the Act of Proclamation in the passing of which Act many siberal Words were spoken and a plain Proviso That by Authority of the Act for Proclamation nothing should be made contrary to an Act of Parliament or Common-Law When the Bishop of Exeter and his Chancellour were by one Body brought in a praemunire which my Lord Privy-Seal cannot forget I reason'd with the Lord Audley then Chancellor so far as he bad me hold my peace for fear of entring into a praemunire my self whereupon I stayed but concluded it seemed to me strange that a man authorized by the King as since the King's Majesty hath taken upon Him the Supremacy every Bishop is such a one could fall in a praemunire after I had reason'd the matter once in the Parliament-House where was free Speech without danger and there the Lord Audley to satisfie me familiarly because I was in some secret estimation as he then knew Thou art a good fellow Bishop quoth he which was the manner of his familiar Speech look the Act of Supremacy and there the King's doings be restrained to spiritual Jurisdictions And in another Act it is provided That no spiritual Law shall have place contrary to a common Law or Act of Parliament And if this were not quoth he you Bishops would enter in with the King and by means of his Supremacy order the Laity as ye listed but we will provide quoth he that praemunire shall ever hang over your Heads and so we Lay-men shall be sure to enjoy our Inheritance by the Common Laws and Acts of Parliament My fourth Observation is this It had been well for the Protector to have remembred the good and wholsom Advice the Bishop gave him that great Man had not lost his Head for being indicted in Michaelmas-Term 5. E. 6. upon a Statute made 3 and 4 of that King For the punishment of unlawful Assemblies and raising of the Kings Subjects And one of the main points in the indictment was that Felonice he designed to take and imprision John Earl of Warwick being one of the Privy-Council of which he was found guilty by his Peers and after suffered Death thereupon To conclude whose sad Fate I shall add the Preamble of an Act of Parliament more memorable because in a Subsidy Act yet common in that and former and succeeding Ages as may appear For instances Rot. Parl. 4. H. 8. and by Rastals Statutes 35. H. 8. cap. 12 27. 2 and 3. E. 6. cap. 26. 5. Eliz. cap. 27. 8. Eliz. cap. 18. 23. Eliz. cap. 15. 29. Eliz. cap. 8. 31. Eliz. cap. 15. 35. Eliz. cap. 13. 39. Eliz. cap. 27. 43. Eliz. cap. 18. and 3. Jacobi cap. 26. wherein the State of the Kingdom both Ecclesiastical and Civil and the Transactions of Foreign Affairs are Historically set down and taken notice of by the Parliament and inserted into the Preambles of those Acts. An ACT for the Grant of a Subsidy and two Fifteens and Tenths granted to the King's Majesty by the Temporality WE the Kings
Member of this House 12 Jac. a Servant of Justice Whitlock's was Arrested by one Lock and Moon who were enjoyned to ride both on Horse-back with their faces to the Horses tails And Mr. Hackwell said he himself self saw the execution of it in Cheapside 3 Jacobi the Baron of Walton's Sollicitor being his Servant was Arrested he claimed the priviledge and the party that caused the Arrest was Fined and it was left to the Speaker to moderate the Fine 18 Jacobi certain Constables of York for Misdemeanors were sent for up and one was acquitted and had 5 l. given him for his charges At the last Parliament Sir George Hastings Kt. was elected Knight of Leicestershire and was Arrested by the Sheriff at his Election and complained here and his Witnesses were ordered to have their costs paid them Ordered that Thompson and Henlow pay the charges of Witnesses brought up about the proof of the said Election and that they shall not be discharged from the Serjeant till they pay their Fees and four Gentlemen of the House are to moderate and set down the charges in certain And it is ordered that they shall be committed to the Serjeant till they make their submission at the Bar and acknowledge their faults on their knees and read a submission As for the submission to be made at York it was through great favour remitted by the House To all which I shall add the ensuing President Lunae 4 Junii 19 Jacobi 7. The Commons House of Parliament hath this day adjudged Randolph Davenport Esq for his offence in mis-informing the same House in a Cause wherein he was produced as a Witness to be committed prisoner to the Tower for the space of one whole month and then to be discharged paying his Fees These are therefore in the behalf of the said House of Commons to require and charge you to receive the said Randolph Davenport into your custody within the Prison of the Tower under your charge and him therein safely to detain and keep for the space of one whole month and then to discharge him paying his Fees and this shall be your Warrant in this behalf Given under my hand this 4th of June 1621. To Sir Allen Apsley Knight Lieutenant of the Tower An Act to secure the Debt of Simpson and others and save harmless the Warden of the Fleet in Sir Thomas Shirley's Case Soit baile aux Seigniours A cest Bille ov Esq les Amendments annexes les Seigniours ont assentus HUmbly pray the Commons of this present Parliament That whereas Thomas Shirley Kt. which came by your Highness's Commandment to this your present Parliament being elected and returned a Burgess for the Burrough of Steyning in your Highness's County of Sussex was upon the 15th day of March last past arrested by the Sheriffs of London at the Suit of one Giles Simpson first upon an Action of Debt and afterwards laid and detained in Execution upon a Recognizance of the nature of the Statute Staple of 3000 l. in the Prison commonly called the Compter in the Poultrey in London at the Suit of the said Simpson and from thence by Habeas Corpus was removed to your Majesties Prison of the Fleet where for a time he was detained in Execution as well upon the said Recognizance as to answer to two Actions of Debt one of 2000 l. at the Suit of William Beecher the other of 3000 l. also at his Suit and to answer one other Action of Debt of 300 l. at the Suit of one John King contrary to the Liberties Priviledges and Freedom accustomed and due to the Commons of your Highness's Parliament who have ever used to enjoy the freedom in coming and returning from the Parliament and sitting there without restraint and molestation and it concerneth your Commons greatly to have this Freedom and Priviledge inviolably observed Yet to the end that no Person be prejudiced or damnified hereby May it please your Highness by the Assent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by the Authority of the same it may be Ordained and Enacted That the said Sheriffs of London the now Warden of the Fleet and all others that have had the said Thomas in Custody since the said first Arrest their Executors or Administrators or any of them may not nor shall in any wise be hurt endamaged or grieved because of dismissing at large of the said Thomas Shirley saving always to the said Giles Simpson and other the Persons aforesaid at whose Suit the said Thomas is detained in Prison his their and every of their Executions and Suits at all time and times after the end of this present Session of Parliament to be taken out and prosecuted as if the said Thomas had never been arrested or taken in Execution and as if such Actions had never been brought or sued against him saving also to your Majesties said Commons called now to this your Parliament and their Successors their whole Liberties Franchises and Priviledges in all ample manner and form as your Highness's said Commons at any time before this day have had used and enjoyed and ought to have use and enjoy this present Act and Petition in any wise notwithstanding Soit fait come est desire The Petition exhibited to his Majesty by the Lords Spiritual and Temporal in this present Parliament assembled concerning divers Rights and Liberties of the Subjects with the Kings Majesties Royal Answer thereunto in full Parliament To the Kings most Excellent Majesty HUmbly shew unto our Sovereign Lord the King the Lords Spiritual and Temporal and Commons in Parliament assembled That whereas it is Declared and Enacted by a Statute made in the time of the Reign of K. Edward the I commonly called Statutum de Tallagio non concedendo That no Tallage or Aid shall be laid or levied by the King or his Heirs in this Realm without the good will and assent of the Archbishops Bishops Earls Barons Knights Burgesses and other the Free-men of the Commonalty of this Realm And by Authority of Parliament holden in the 25. year of the Reign of K. Edward the III. it is Declared and Enacted That from thenceforth no person should be compelled to make any Loans to the King against his will because such Loans were against Reason and the Franchise of the Land And by other Laws of this Realm it is provided That none should be charged by any Charge or Imposition called a Benevolence nor by such like Charge by which the Statutes before-mentioned and other the good Laws and Statutes of this Realm your Subjects have inherited this freedom That they should not be compelled to contribute to any Tax Tallage Aid or other like Charge not set by common consent in Parliament Yet nevertheless of late divers Commissions directed to sundry Commissioners in several Counties with Instructions have issued by means whereof your People have been
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
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
said Burgess without any Writ or Warrant had for the same but only as afore Albeit the Lord Chancellor offered there to grant a Writ which they of the Common House refused being in a clear opinion that all Commandments and other Acts proceeding from the Nether House were to be done and executed by their Serjeant without Writ only by shew of his Mace which was his warrant But before the Serjeants return into London the Sheriffs having intelligence how heinously the matter was taken became somewhat more mild so as upon the said second demand they delivered the Prisoner without any denial But the Serjeant having then further in commandment from those of the Nether House charged the said Sheriffs to appear personally on the morrow by eight of the Clock before the Speaker in the Nether House and to bring thither the Clerks of the Compter and such other of their Officers as were parties to the said affray and in like manner to take into his custody the said White which wittingly procured the said Arrest in contempt of the Priviledge of the Parliament Which Commandment being done by the said Serjeant accordingly on the morrow the two Sheriffs with one of the Clerks of the Compter which was the chief occasion of the said affray together with the said White appeared in the Common House where the Speaker charging them with their Contempt and misdemeanour aforesaid they were compelled to make immediate Answer without being admitted to any Councel albeit Sir Ro. Cholmley then Recorder of London and other the Councel of the City there present offered to speak in the Cause which were all put to silence and none suffered to speak but the parties themselves Whereupon in conclusion the said Sheriffs and the same White were committed to the Tower of London and the said Clerk which was the occasion of the Fray to a place there called Little Ease and the Officer of London which did the Arrest called Tailor with four Officers to Newgate where they remained from the 28. until the 31. of March and then they were delivered not without humble suit made by the Mayor of London and other their Friends And forasmuch as the said Ferrers being in Execution upon a Condemnation of Debt and set at large by Priviledge of Parliament was not by Law to be brought again into Execution and so the party without remedy for his Debt as well against him as his principal debtor after long debate of the same by the space of nine or ten days together at last they resolved upon an Act of Parliament to be made and to revive the Execution of the said Debt against the said Welden which was principal debtor and to discharge the said Ferrers But before this came to pass the Common House was divided upon the Question but in the conclusion the Act passed for the said Ferrers who won by 14. Voices The King then being advertized of all this proceeding called immediately before him the Lord Chancellor of England and his Judges with the Speaker of the Parliament and other the gravest persons of the Nether House to whom he declared his opinion to this effect First commending their wisdom in maintaining the Priviledges of their House which he would not have to be infringed in any point alledged that he being Head of the Parliament and attending in his own person upon the Business thereof ought in reason to have Priviledge for Him and all his Servants attending there upon Him so that if the said Ferrers had been no Burgess but only his Servant that in respect thereof he was to have the Priviledge as well as any other For I understand quoth he that you not only for your own persons but also for your necessary Servants even to your Cooks and Horse-keepers enjoy the said Priviledge in as much as my Lord Chancellor here present hath informed us that he being Speaker of the Parliament the Cook of the Temple was Arrested in London and in Execution upon a Statute of the Staple And forasmuch as the said Cook during the Parliament served the Speaker in that Office he was taken out of Execution by the Priviledge of the Parliament And further we be informed by our Judges that we at no time stand so highly in our Estate Royal as in the time of Parliament wherein We as Head and You as Members are conjoyned and knittogether into one Body politick so as whatsoever offence or injury during that time is offered to the meanest Members of the House it is to be judged as done against Our Person and the whole Court of Parliament which Prerogative of the Court is so great as our learned Councel informeth us as all Acts and Processes coming out of any other Inferiour Courts must for the time cease and give place to the Highest And touching the party it was a great presumption in him knowing our Servant to be one of this House and being warned thereof before would nevertheless prosecute this matter out of time and therefore was well worthy to have lost his Debt which I would not wish and therefore do commend your Equity that having lost the same by Law have restored him to the same against him who was his Debtor and this may be a good example to others not to attempt any thing against the Priviledge of this Court but to take the time better Whereupon Sir Edward Mountague then Lord Ch. Justice very gravely declar'd his opinion confirming by divers reasons all the King had said which was assented unto by all the residue none speaking to the contrary The Act indeed passed not the Higher House for the Lords had not time to consider of it by reason of the Dissolution of the Parliament Because this Case hath been diversly reported as is commonly alledged as a President for the Priviledge of the Parliament I have endeavoured my self to learn the truth thereof and to set it forth with the whole circumstances at large according to their instructions who ought best both to know and remember it 4. Ed. VI. Eight years after the Case of Ferrers Withrington having made an Assault upon Brandling Burgess for Newcastle the Parl. being near an end the Com. sent Withring to the Councel Die Jov. 7. Apr. an praedict The Bill for Mr. Brandling's Complaint sent from the Lords of the Privy Councel again to be ordered by this House according to the Antient Custom of this House Whereupon the Bill was read in the presence of Henry Witherington who was sent to the Lords from this place who confest that he began the Fray upon Mr. Brandling whereupon the said Henry is committed to the Tower of London Some few Presidents against such as have wrote Books to the dishonour of the Lords and Commons and Subversion of the Government The Case of Arthur Hall Esq UPon sundry Motions made by divers of this House It was Order'd that Arthur
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
Parliament offers the Commons a Writ to deliver their Burgess but they refuse it as being clear of opinion that all their Commandments Acts were to be done and executed by their Serjeant without Writ The Sheriffs ordered to appear and bring with them the Clerks of the Compter And accordingly they did Who are charged by the Speaker Being not admitted to any Councel The Sheriffs committed to the Tower The Clerk to Little Ease and the Serjeants to Newgate All at last delivered upon the humble suit of the Mayor and other their Friends The King takes notice of the proceedings The King in the presence of the Chancellor Judges with whom he had consulted before of this matter commends and approves the proccedings of the Commons Here the King from the mouth of the Lord Chancellor declares the ancient priviledg of the Commons even for their menial Servants and gives an instance in the Cook of the Temple The King Head and the Lords and Commons Members of the High Court of Parliament in which he stands highest in his Royal Estate The Court of Parliament Nota All Acts and Processes coming out of any inferiour Court must cease and give place to the Highest Sir Edward Mountague Chief Justice of England who we cannot believe to be misconusant of the ancient proceedings in Parliament and of the Priviledge of the House of Commons together with the rest of the Judges by Reasons which wanted not Authorities confirmed what the King had said Journal Dom. Com. 4. Ed. VI. Journ Dom. Com. 14 Eliz. 17 Maii Anno Dom. 1571. Misdemeanors of a Member of the House of Commons for sundry lewd speeches as well in the House as abroad Ordered that those who heard them to put them in writing and deliver them to the Speaker Mond 19 Febr Mr. Hall appears and is cleared Humbly confesseth his folly And is remitted by the House Journal Dom. Comm. Anno 18. Eliz. 16. Feb. A. D 1575. Breach of Priviledge Confederacy and Contempt Friday 18. Feb. Munday 27. Feb. Smalley to be brought to the House by the Mace and not by Writ Tuesday 28. Feb. Smalley brought to the Bar was presently delivered out of Execution Wednesday 7. March post Meridiem Mr. Hall Smalley's Master withdraws Smalley adjudged guilty of a Contempt against the House for fraudulently procuring himself to be arrested Kirtleton in confederacy with him Smalley to be committed to the Tower for his Misdemeanor and Contempt The like Judgment for Kirtleton Both to be brought into the House to receive their Judgements Mr. Hall's privity in the Matter to be referred to a further Debate Saturday 10 March The Speaker pronounced Judgement upon Smalley Saturd 4. Feb. An. 23. Eliz. Journ Dom. Com. Mr. Hall's Charge for writing a Book derogatory to the Authority Power and State of the Commons House of Parliament Mr. Hall ordered to be sent for by the Serjeant at Arms Two Knights Members of the House to assist the Serjeant A Commission to a Committee to send for the Printer and to examine the Matter To report to the House and to take order for Hall's Apprehension And if any Member should see him to stay him and bring him to the House Munday 6 Feb. Mr. Secretary Wilson reports the Examination of Hall's Case from the Committee Hall appears and was called to the Bar where he was charged by the Speaker with his Offence The Printer brought to the Bar. And Shirland who was examined And Wells who was also examined A Committee appointed to examine further the whole Matter M. Hall brought to the Bar again and committed to the Serjeant to attend the Committee Bynnyman Wells and Shirland ordered likewise to attend the Committee Dalton also ordered to attend Tuesd. 14 Feb. Another Report from the Committee against Hall of new Contempts and Crimes added to his former Mr. Hall chargeth the House with Injustice Nota. The Printer brought to the Bar again and re-examined Mr. Hall at the Bar and recharged by Mr. Speaker Submits refuseth to answer acknowledgeth his Error prays pardon and is sequestred Sundry motions for a proportionable punishment Resolved nemine contradicente Hall to be committed to Prison And that Prison to be the Tower There to remain for six months And from thence till he made a retractation of his Book To be fined to the Queen And that Fine to be 500 Marks To be severed and cut off from being a Member of the House And the Speaker to issue a Warrant for a new Writ His Book and slanderous Libel to be adjudged utterly false and erroneous And that to be publickly testified and affirmed by Order of the House Hall brought to the Bar to receive his Judgment which Mr. Speaker delivered accordingly The Proceedings against Hall drawn up read and agreed to by the House Rot. Pat. 48 H. 3. m. 6. dorso Forma pacis inter Regem Barones The Articles of Peace à Domino Rege Domino Edwardo Praelatis Proceribus omnibus Communitate tota regni Angliae communiter concorditer approbat were sealed by the Bishops of Lincoln and Ely Earl of Norf. Earl of Oxon. Humphrey Bohun William de Monte Canisio Major London in Parliamento London mense Junii Anno Dom. 1264. de consensu voluntate praecepto Domini Regis necnon Praelatorum Baronum ac etiam Communitatis tunc ibidem praesentium And not only so but that Record tells us Quod quaedam ordinatio facta in Parliamento London habito circa festum Nativitatis Sancti Johannis Baptistae prox ' praeteritum pro pace Regni conservanda Pultons Stat. 24 H. 8. c. 12. It is unanimously declared adjudged and confirmed That the King his noble Progenitors and the Nobility and Commons of the said Realm at divers and sundry Parliaments as well in the time of King E. 1. R. 2. H. 4. and other noble Kings of this Realm made sundry Ordinances Laws Statutes and Provisions for the entire and sure conservation of the Prerogative Liberties and Preheminences of the said Imperial Crown of this Realm and of the Jurisdiction Spiritual and Temporal of the same to keep it from the annoyance as well from the See of Rome as from the Authority of other Foreign Potentates attempting the diminution and violation thereof as often and from time to time as any such annoyance and attempt might be known or espied Ex vetusto MS. Staeturorum penes Johan ' Peachy de Interior ' Templo Armig. King Edw. 2. and the whole Parliament in the 15. year of his Reign when the Ordinances which had been made before that time by certain Prelates Earls and Barons by the consent of that King la Comunante de la terre were repealed because in many things they restrained the Power Royal too much yet in the Act of Repeal there is a salvo semper jure Regni sive Parliamenti for they unanimously agree and provide Mes les choses que sont establer pur le
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
Highness's most Faithful and Obedient Subjects the Lords and Commons in this present Parliament assembled Considering and certainly perceiving by divers means the earnest Good-will and Purpose that our said Sovereign Lord hath to preserve maintain and continue Us his Natural Subjects in this most Fortunate Peace whereunto after many Storms and Tempests of the Wars His Majesty hath by the Goodness of God restored Us Do also notwithstanding his Majesties great Care and politick Means used for the recovery thereof easily perceive how hard it shall be for His Highness to continue and kéep us therein during the time of this troublesom state of Christendom being as it were lamentably cut and torn in pieces and Factions of War except his Highness be restored to a further Estate and Furniture of Treasure meet for the Defence of these His Realms Dominions And Subjects and like to other Princes having such large Realms Dominions and People the lack and want whereof as we know shall chiefly redound to all our Losses and Detriments which must be defended and preserved by the Puissant Power and Might of our Sovereign Lord and Head not by the multitude of our private Riches and Strength at Home So also have We séen of late years plainly before Our Eyes and felt in a great part of Our sorrowful hearts the very Principal Chief and first Causes of this lack during the time of the woful mis-governance of this Noble Realm and other the King's Dominions by the late Protector Duke of Somerset to whom Almighty God grant his Mercy who first of his insatiate ambition contrary to the advices of all Wise and Good Councellors having gotten into his hands the sole Governance of the most Sacred Person of our Sovereign Lord and consequently the Protectorship of all his Highness's Realms and Dominious immediately to lay a fit Foundation for his unhappy and unskilful Government brought the King's Majesty whom he took by pretence to Govern being left by His Highness's Father of most Famous Memory in tender Years but yet in Peace suddenly into open Hostility and Wars against two puissant Realms at once considering neither the Ability to begin nor means to continue them wherein following always his own singularity by stirring and increasing of new Quarrels and Causes of War by unadvised Invasions by desperate Enterprises and Uoyages by sumptuous endless vain Fortifications both in Foreign Realms and in the Seas by bringing into the Realm of costly and great numbers of Strangers Men of War and such other innumerable vain Devices he did not only Exhaust and utterly Waste the King's Majestie 's Treasures and Revenues of His Crown and of Us His Highness's Subjects but also endangered His Majestie 's Credit beyond the Seas with divers strange Merchants by taking up and borrowing great Sums of Money growing from time to time more and more indurable which Gate of Misery being so wide open We all know and the best part of Us felt what a heap of Calamities fell upon all the Realm immediately Yea and to this day what Prests and Memory thereof remaineth not wholly yet filled up First the King's Majesties Treasure of all sorts wasted the great substance of the Moneys melted and altered in base Coyn for the serving of the Charge of these Wars the Laws and ancient Policies of this noble Realm dissolved and unjoyned and by Examples thereof the whole state of Ireland endangered with Factions and Rebellions wherein no small Sums of Treasure were also wasted in Armies and Fortifications part whereof remains unto this day of necessity In the midst of all these miseries by the suffering of the said late Protector rose up a monstrous and dangerous Rebellion of the lewd numbers and baser multitudes against their Heads the withstanding and happy stay whereof although it came through the mercifulness of God by the labour and fortitude of others worthy eternal Praise subduing the headless raging people in sundry parts of the Realm delivering Us the King's Majesties Natural Subjects out of our unnatural Subjection to him that ruled Us with disorder And finally restoring the Royal Person of the King's Highness to the Fréedom of His Princely Estate and consequently to an Honourable Peace with his Enemies Yet could not hitherto the great Breach and Ruine of the King's Majestie 's Estate touching his Treasure be repaired or re-enforced which consequently followed upon the first Foundations broken although in other points of the decay thanked be God the King's Majesties own marvellous Intelligence with the Industry of good Conncellors hath notably supplied and amended the defaults And as these former Errors brought His Majesty into utter wasts of His own Treasure and Riches into the Expences of Our Subsidies granted for the same Wars though nothing answerable to the Expence of the same Finally into notable and immeasurable Charges beyond the Seas Provisions of Money taken up in time of Wars so yet to the increase of this former sore We remember and perceive also that there were very great Charges left by the late King of famous Memory by reason of his Wars to be discharged as well beyond Sea towards strangers as on this side towards his own Subjects which of their nature beyond the Seas for lack of payment did grow excessively besides the late evident great Charge and Loss sustained by the Kings Majesty for the only Profit of His publick Weal in the reducing of part of His Coyn from a notable baseness unto a fine Standard by the which His Majesty lacketh a great private Gain in his Mints being now worth no Revenue at all but rather chargable and the rest of which Coyn we trust He will shortly reduce to like fineness All which things We His Majesties Faithful and natural Loving Subjects weighing with Our selves and considering divers great weighty matters hereupon depending for the preservation of this Ancient Noble and Imperial Crown Albeit We see manifestly before Our Eyes Our Sovereign Lord the Kings Majesty disposed of His good Nature rather daily to diminish the Revenue of His Crown lately angmented by His Father of most famous Memory towards the unburthening of His great intollerable Weights and Charges lying and growing in strangers hands beyond the Seas then to call upon us His natural Subjects and People like as we daily hear and know that all other most Christian Princes do in Causes of less Importance and like His Majesties noble Progenitors have always done in such Cases heretofore Yet for the preservation of Our selves and Our Posterity in this Peace and Wealth whereunto We have by the great Charges of Our Sovereign Lord been blessed brought for the maintenance and upholding of the Crown and Dignity Imperial of this Noble Realm in Honour and Might against all Attempts of Foreign and Ancient Enemies for the Restauration of this decayed House of the Commonwealth having suffer'd violation and ruine by exile of Justice in the former time of the aforesaid evil Governance For the comforting and encouraging of
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
discharging of a Priest Newton killed one he compounded for 100 l. One Allenson a Batchellor of Divinity made one Hanton his Executor within 10 days he granted Sequestration of the Testator's Goods Dr. Cradock sent them that took away his Will opened his Desk and took 6 or 7 Bags and having threatned them the Doctor made 4 Sequestrators the Bishop saith he would seize the Goods of Gilbert Hanton to the use of the Bishop of Durham he came as Justice of Peace and committed Hanton to the Constable to be forth-coming the Doctor broke open another Desk and took 30 s. in money he made his Warrant and sent Hanton to the Gaol he laid a Fine upon him of 50 l. John Widowes came to Hanton and mediateth to the Doctor for his Son's Imprisonment he would give his Son 22 l. which he doth the Sessions indicted him by the Oath of D. Soame because they thought the Fine too unreasonable but the Doctor said that the Lord of Durham would be angry with him One Clement gave the Doctor 50 l. and a Mare to have an Administration granted As he was a Commissioner he took of one Conyers 20 l. of another 59 l. and of two others 10 l. a piece for Adultery of another 8 l. As a Justice of Peace for not sending one to the Gaol 100 l. For Recusancy of one Tempest for a Murther 100 l. For Adultery before the Party could free himself 20 l. Mr. Alford The Oath Ex Officio in this manner one having no Sermon went to another and he made him pay 23 s. for the Oath and for the same offence and he going to another Parish imprisoned him Sir Edward Cook No man speaks against the Jurisdiction but the corruption of Spiritual Courts Qui tollit abusum confirmat usum For the Oath Ex Officio there is an Act of Parliament that they may give it and Lay-men may give it in some cases not in all And herein the ancient Common Law agreeth with the Canon Law in the 32 vel 31 Ed. 3. there was a complaint against Fees 2 H. 4. there was a Law to reduce them to their ancient Fees for now they exceeded For Cardinal Wolsey of his devotion and charity took for probate of my Lord Compton's Will 100 marks hence came the Law of 21 H. 8. We have good Laws but they are like Swords shut up in their sheaths Sir Edward Bonstead he hath a Petition of the Ministers of Northamptonshire the people have been ready to rise against the abuses in the Ecclesiastical Courts Mr. Brook That the Convocation is not a part of the Higher House neither the Bishops any part of the Higher House but are there as they have Temporal Baronies Mr. P ym I would not have us send up to the Lords yet till we have examined them for their guiltiness must be stamped here before they go up to the Lords Mr. Noy 8 H. 6. the Clergy and Bishops are not to be arrested going to the Convocation-house we cannot judge them but complain of them Mr. Sherwin It is a complaint and we must examine him so that our complaint be certain and not without great deliberation handled that it may not be otherwise proved Sir Nathaniel Rich. That if the Lords will not punish those that we complain of we will enter into Judgment our selves which is our ancient course The House would not send for the accused Doctors because they were of the Convocation 1. To avoid offence to them of that Assembly 2. Because of the Stat. of 8 H. 6. which is thus Forasmuch as the Prelates and Clergy of the Realm of England called to the Convocation and their Servants and Familiars that come with them to such Convocation often times and commonly be arrested molested and inquieted our said Soveraign Lord the King willing graciously in this behalf to provide for the security and quietness of the said Prelates and Clergy at the supplication of the same Prelates and Clergy and of the assent of Great men and Commons aforesaid hath ordained and statuted that all the Clergy from henceforth to 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 do enjoy and were wont to enjoy or in time to come ought to enjoy VI. The Commons House of Parliament in Confirmation of a former Declaration therein made concerning the stay of all Suits Payments and other Proceedings grounded upon any Patent or Commission condemned in the said House as a general Grievance or Inconvenience to the Subject until further Order and Direction given therein hath this day again upon the Question Resolved it to be fit that none of the Patents Commissions or other things condemned in this House for general Grievances or Inconveniences to the Subject shall be put in execution until the next access to Parliament VII It is thought fit by the Commons House of Parliament that all Suits Payments and other Proceedings grounded upon any Patent or Commission condemned in the said House as a general Grievance or Inconvenience to the Subject should stay till further Order and Direction to be given therein VIII It is this day Ordered by the Commons House of Parliament that the Serjeant at Arms attending this House shall attach the Body of John Churchill one of the Deputy-Registers of the Chancery and him shall take into his custody and bring him to this House upon Monday morning next at 8 of the Clock and the said Serjeant is in the mean time to keep him so as none be suffered to speak with him but in the hearing of the Serjeant IX To the Honourable the Knights Citizens and Burgesses of the House of Commons in this present Parliament Assembled The humble Petition of the Mayor Bayliffs and Burgesses of the Town of Northampton THat whereas your Petitioners have been and still are every way conformable to the Kings Majesties Laws Ecclesiastical yet have they for these many years been subject to the great grievances of John Lamb Doctor of the Laws Chancellor to the Bishop of Peterborough who not only scandalizeth the Town in general as factious rebellious and refractory to his Majesties Laws but also countenanceth the lewdest fellows in the Town in their opposing of the Governours and Government and by himself and his Surrogates Registers Proctors and Apparitors and others whom he useth as Spies up and down the Town and Country citeth men and women to his Courts upon small or no just occasion but only to enrich himself and his Followers keeping two Courts every fortnight for the most part and carrying them away from the usual place where they were wont to be kept as being most convenient unto other small Towns far remote so that his Majesties
one Court day to another from Northampton to Rowell 10 miles off to the great hindrance of his Master and at length they enjoyned him to pay 3 s. 8 d. which for fear of Excommunication he was forced to borrow and so to pay them And she was threatned by the Chancellor that he would make her keep her Brother's Parish Church when she came to the Town 4. And because Mr. Martin and divers other Townsmen refused to give him their Voices to be one of the Burgesses of Parliament for Northampton which he would fain have obtained both by fair means and threatnings he presently cited many to the Court and there troubled them And amongst the rest the said Mr. Martin having about 3 years past by the Consent of the Minister Churchwardens and Parishioners built a Seat in the Church for his Children and Servants for their better hearing of Divine Service and Sermons was cited before him about the said Seat and the Chancellor took it away from him most unjustly having cost him 3 l. building of it and gave it to 3 of the stubbornest Fellows in the Town all opposers to Authority and one of them for his vicious life bound over to the Sessions and put out of the Common-Counsel of the Town for the same and since presented into the Spiritual Court for Incontinency with 2 Women and yet Mr. Middleton one of the Surrogates graced him publickly in that Court and said he was thrust out of the Common-Councel for his honesty Thomas Martin 15 May 19 Jac. Whereas divers Complaints have been made against John Lamb Doctor in the Civil Laws Chancellor to the Bishop of Peterborough for divers Extortions Oppressions and Misdemeanours by him and his under Officers committed in the execution of the said Office in the said Diocess and elsewhere And whereas also it is informed that you whose Names are hereafter set down can testifie mutually against the said John Lamb These are therefore by the direction and on the behalf of the said House of Commons to require you and every of you that you make your personal appearance at the said House of Commons the 29th day of this instant Month of May to testifie your knowledge in the premisses Thereof I require you not to fail as you will answer the contrary at your perils Given under my Hand this 15th day of May 1621. And it was further Ordered that Robert Sibthorp and Richard Stockwell should be sent for as Delinquents X. Mr. Glandvile reports from the Committee of Priviledges the Election of Monmouth and by an Order from the Committee Monmouth was heard yesterday And they received this morning a Petition that Mr. Walter Steward was returned and that they think his Election not good They object against him because a Scotchman and not Naturalized He forbore to come into the House till he had leave The Case of one Lennis Monck a Denizen returned and sate here and so Sir Horace Palavicino The Committee delivered no opinion in it Two Orders and two Petitions delivered in to have these heard in order as they come in Resolved that those which are already in shall be proceeded in in order as the Petitions were delivered Mr. Glandvile thinks Mr. Steward ought not to sit here because at the time of his Election he was uncapable of it he that is made a Denizen is not as an Englishman That but only personal Sir Dudley Diggs in that Parliament when Bacon Attorney was in question whether he ought to sit here or no Over-ruled he ought not yet in favour of him he was suffered to sit here and an express Order that never any other Attorney after should To do the like by this Gentleman Sir Edward Cook No Alien Denizated ought to sit here Tros Tiriusque mihi nullo discrimine habetur the other passed sub silentio Some sit here that are under age and ought not to sit here because not questioned Resolved that Mr. Steward hath dealt very worthily in forbearing to come and sit in this House Mr. Glandvile goes on with his Report Resolved upon Question the Election of Mr. Walter Steward being no natural born Subject is void and a Warrant to go for a new Writ for Monmouth XI Sir Robert Phillips reports from the Committee for Courts of Justice 3 Heads First The Petition of the Lady Darcy in it is a Recital of her Husband 's dying seised of the Mannor of Sutton in Surrey with the Advowson a Grant was made to her and another by the Court of Wards of the Body and Estate of her Son 1 Aug. 21 Jacobi the Incumbent died so she presented her Clerk to the Bishop so the Lord Keeper 3 Septemb. presented Doctor Grant the King's Chaplain She was advised to seek her ordinary Course by a Quare impedit which was denied by the Cursitor who said the Lord Keeper gave directions for it to be sued to the King desires of this Assembly to have relief this Petition was retained by the Committees Parties on both sides appeared and Councel It came into question whether an original Writ might be stayed the Lawyers vouched some Presidents for it in Chancery the Committee concluded these were not proper in the Cause and not to be followed desires an Accommodation of this Business between the Lady and the Doctor they gave a time for yet they are clearly of opinion that the Lady had lost her Right and to the Heir doubtful for him They received a Petition from Dr. Grant who made four proffers First he would willingly go to a Tryal with this Lady without taking advantage of lapse of time If that could not be he would pass an Act of Parliament to set her in statu quo 3ly would refer it to four Judges to six Lawyers of this House if they should say the Right was hers he would resign The Committee had an Answer from the Lord Keeper of two parts First for the denial of the Quare Impedit not his purpose to justifie it but to extenuate his proceedings therein A Question there was between the two Courts and no good correspondency between the Judges it was presently after his coming into the place neither corruption nor malice was in his proceedings he offered a Living equivalent of this to the Lady he would satisfie the Lady by any means this House should direct and would labour to get Grant from his Majesty to sell to the Heir he had never before nor would do the like and returned thanks to the House for their favourable Interpretation of this his Error The Lady Darcy gave a Negative Answer to all she had appealed to the House could find no better Judgement and to this she would stand The Committee took two things into their consideration the Ladies own particular and the publick For the first they thought it the safest way to put in a Bill she was satisfied with this answer For the second the denial of
necessary but he commanded to ask bare Questions and nothing else ergo no Instructions That this is done against the Canons of the Church and that there is no obedience without knowledge the outward man is not conformed unless the inward man be reformed and cited the Canons Quicunque contrist averit Doctorem veritatis peccat in Christum and the Canon 1 Jac. c. 45. for Command of Preaching For the 2d touching the setting up of Images it was said to be against Acts of Parliament against the Canons of the Convocation the Book allowed in the King's time of 28 H. 8. c. 30. against Images Pilgrimages will follow against 3 E 6. and the Homilies approved Anno 1 Eliz. forbidding of Images in Churches The 3d. for Prayer to the East which Gratianus affirms came by Tradition part 1. Decret 11. and that it is Superstitious Lingwood in his Gloss. Lib. 2. Title de Feriis non refert si versus orientem c. That the Lord Bishop Excommunicated many and enjoyned Penance to divers for not Praying to the East and some did their Penance with a whith Rod in their hand for proof whereof it is under the Bishops hand The fourth one Peck a Minister Catechized his Family and song Psalms and his Neighbours came in on the Sundays after Evening Prayer and the Lord Bishop enjoyned them to do Penance for this their resorting to Catechisme and singing of Psalms and to say I confess my Error which Acknowledgment is under the Bishops hand they which refused were Excommunicated and paid 7 l. charges 5. Touching Extortions was shewn That in the Table of Fees is set down from Institutions 24 s. 8 d. whereof to the Bishop 10 s. That this Lord Bishop is Register also and now his Lordship taketh for Institutions 3 l. 5 s. and for united Churches double viz. 6 l. 10 s. and that Communibus Annis there are 100 Iustitutions For admission into sacred Orders nothing should be taken if any it is Symony yet the Lord Bishop hath now taken 30 s. or 28 s. the Bishop and Register being all one To serve Cure 5 s. is due his Lordship taketh 6 s. 8 d. To teach School 3 s. 4 d. his Lordship taketh 6 s. 8 d. and if of ability 10 s. For every Consignation of a Decree 4 d. which cometh to 3 l. per annum for which there should be nothing paid no Consignation being in the Table but with another Hand set down in Archbishop Whitguift's Hand Sixthly That the Institutions to Benefices are not registred which overthroweth Patronages if it be returned Scrutatis Archivis non invenitur when the Right comes in question yet the Fees are greater than before The Commons concluded with these two Remembrances The first That they received this Complaint before Easter last yet they proceeded not in the Examination thereof till they received a Certificate of the Mayor of Norwich The second is That there is a Law that none shall be punished for complaining in Parliament This Report ended the Lord Bishop of Norwich stood up in his place and answered the same to this effect viz. The Answer of the Lord Bishop of Norwich to the Complaint of the Commons First his Lordship confessed the Charges in the said Complaint to be so great and so grievous that were he guilty thereof he would desire himself to be punished Which whether he be guilty or not he will leave to their Lordships most exact and severe Examinations wherein he desired them not to spare him and he would ever acknowledge and commend their Justice and Honour His Lordship protested he was not way guilty of the first part of his Accusation If he were then he was unworthy to bear the name of a Clergy-man and shewed the unworthiness of such as should dishearten Preachers from Preaching the Word of God His Lordship shewed also desired first that he might not be taxed with Ostentation his own Practice in Preaching while he was Vicar and Parson That he Preached every Sabbath in the Morning and Catechized in the Afternoon and that he continued the like in Chichester when he was Bishop there That in Norwich he never missed the publick Place and ever Preached there against Popery though he had been an unprofitable yet he had not been an idle Servant which was now his only comfort As touching Preaching and non Residents he hath been reckoned more than half a Puritan His Lordship remembred his manner of leaving his Service with the late Lord Archbishop of Canterbury that he might go to his Cure His Lordship wondred why he should be thought a Papist he thought it might be long of his Disputation and his Sermon at Paul's Cross of Predestination negative unadvisedly preached by him for which he was checked by the Lord Archbishop Whitguift and commanded to preach no more of it and he never did though Dr. Abbot Bishop of Sarum hath since declared in Print that which he then preached to be no Popery That Popery is a fire that will never be quiet He hath preached 100 Sermons since and nothing of Popery can be imputed unto him out of any of them That there be divers Obstacles to keep his Lordship from Popery 1. The Vsurpation of the Pope of Rome His Lordship affirmed That no Power on Earth can touch a Prince and that therefore he abhorred the Usurpation of the Pope over Princes 2. Their Religion is dyed with Bloud The practick course of their Religion is all by Jugling and feigned Miracles of which his Lordship had written a Book against them which was never yet answered 3. That he never spake with Priest or Jesuit nor ever invited a known Recusant to his Table for they never say Amen to our Prayers 4. That their Equivocation is the last worse than which nothing can be his Lordship held it much better to talk with the Devil than with such Then his Lordship profest himself to be a true Member of this Church and acknowledged the Church of England to come nearest to the Primitive Church that we fetch not our Reformation from Wickliff Hus and Luther of later Times but from the first 400 years next after Christ. 1. As touching the first part of the Accusation His Lordship confessed That 6 or 7 of the abler sort of Ministers in Norwich used to expound in their own Churches before the Sermon begun in the Cathedral Churches and many resorted from other Places to those Expositions for all the Churches have not Preachers and in the Afternoon to their Sermons The Preachers themselves found fault with this being willing to be rid of the pains as his Lordship thought for they were to preach in the Afternoon and in the Week-days and shewed him many Disorders therein which they pretended as the cutting off part of the Prayers or their beginning so early that many could not come to the Common Prayers and the like and they besought his Lordship to remedy
constructions and purposes as well concerning marriage heretofore made by any of the Ecclesiastical or Spiritual persons aforesaid as also such which hereafter shall be duly and lawfully had celebrate and made betwixt the persons which by the Laws of God may lawfully marry Lastly Knighton one of our best and most exactest Historians tells posterity the ancient ends of calling Parliaments in the Speeches made by Tho. de Woodstock Duke of Gloucester the Kings Uncle and Tho. de Arundel Bishop of Ely to King Richard 2d at Eltham in the 12th year of his Reign in the name of the whole Parliament then sitting at Westminster wherein the said Delegates do put that King in mind Quod ex antiquo Statuto Consuetudine laudabili approbata c. saith the Historian That by ancient Statute and Custom laudable and approved which no man could deny the King may once in the year convene his Lords and Commons to his Court of Parliament as to the highest Court of the whole Realm In qua omnis equitas relucere deberet absque qualibet scrupulositate vel nota tanquam Sol in ascensu meridiei ubi pauperes divites pro refrigerio tranquilitatis pacis repulsione injuriarum refugium infallibile querere possent ac etiam Errata Regni reformare de statu gubernatione Regis Regni cum sapientiori Concilio tractare ut Inimici Regis Regni intrinseci hostes extrinseci destruantur repellantur qualiter quoque onera incumbentia Regi Regno levius ad Ediam Communitatis suportari poterunt In which Court say they all equity ought to shine forth without the least Cloud or shadow like the Sun in his Meridian glory where poor and rich refreshed with peace and ease of their oppressions may always find infallible and sure refuge and succour the grievances of the Kingdom redress'd and the state of the King and government of the Realm debated with wiser Counsels the Domestick and Foreign Enemies of the King and Kingdom destroyed and repelled and to consider how the charges and burthens of both may be sustained with more ease to the people Saturday the 18. of March A further Order against Mr. Hall Hall's Retractation to be referred to a certain Committee The Committee to Report Hall's Retractation at the next Session of Parliament Anno 27 Eliz. Jour Dom. Com. Saturday 12 December Contempt in a Member The Serjeant to give warning to Mr. Hall tu attend the House Monday the 21 November Anno 29 Eliz. An. Dom. 1586 Mr. Markham's Complaint against Mr. Hall That he being for ever disabled to be a Member of the House had notwithstanding brought his Writ against the Inhabitants of Grantham for his Wages Who pray the advice and order of the House Friday the 2d of December Referred to a Committee With directions if they think good to move the Lord Chancellor to stay the granting of further Process against the Burrough Tuesday the 21. of March The Ld. Chancellor at the request of the Committee stays further Process against Grantham Mr. Hall frankly remits his Wages to the Burrough of Grantham Ex Journ Dom. Com. Judgment The like President An. 3 Car. 1. Vid. Journ Dom. Com. Journ Dom. Proc. Com. The Bishop of Bristol's Case Ex Journ Dom. Proc. Com. 7 Jac. The Case of Dr. Cowell Men despise and reproach those things whereof they are ignorant It is a desperate and dangerous matter for Civilians and Canonists I speak what I know and not without just cause to write either of our Common Laws of England which they profess not or against them which they know not But their Pages are so full of palpable Errors and gross Mistakings as these new Authors are out of our Charity and their Books out of our Judgment cast away unanswered Coke lib. 10. Lectori Blackwood's Case Jour Dom. Com. Nota. E contra Vide the ancient Rights of the Commons of England asserted or a discourse proving by Records and the best Historians that the Commons of England were ever an essential part of Parliament The Power of Kings in particular of the Kings of England learnedly asserted by Sir Robert Filmer Kt. fol. 1. Printed An. Dom. 1680. King James's first Speech to his first Parliament in England Pulton's Stat. 1 Jac. cap. 2. fol. 1157. King Charles the I. Declaration to all his loving Subjects published with the Advice of his Privy Councel Exact Collections of Declarations pag. 28 29. Journ Dom. Com. Dr. Manwaring's Case Juratores praesentant quod Richardus Empson nuper de London miles nuper Consiliarius excellentissimi Principis Henrici nuper Regis Angl. 17. die Maii Anno Regni dicti nuper Regis 12. diversis vicibus antea postea apud London in Parochia sanctae Brigettae in Warda de Farrington extra Deum prae oculis non habens sed ut filius diabolicus subtiliter imaginans honorem dignitatem prosperitatem dicti nuper Regis ac prosperitatem Regni sui Angliae minime valere sed ut ipse magis singulares favores dicti nuper Regis adhiberet unde magnat fieri potuisset ac totum Regnum Angliae secundum ejus voluntatem gubernaret falso deceptivè proditoriè legem Angliae subvertens diversos ligeos ipsius nuper Regis ex sua falsa covina subtili ingenio contra communem legem Regni Angliae Anderson's 1. Rep. fol. 156. Vide Rushworth ' s Collections fo Judgment against the Doctor Journ Dom. Procerum The Doctor 's Submission Ex Agupeto Diacono Assentatores à Regibus tanquam pestis vitandi 12. nam non utilia consulunt sed quae placent 22. 31. sic Diogenes rogatus quaenam bellua perniciosissime morderet ex feris inquitobtrectator ex cicuribus vero adulator The Lords order the Bishop of London to suspend the Doctor Journ Dom. Proc. die Sabbathi 18 die April 16 Car. 1 21 April 1640. 27 April 1640 28 April 1640. Journ Dom. Com. 3 Car. 1. Dr. Mountague's Case * The Dr. Writ and Published several Tenents tending to Arminianism and Popery * Lord Brook friend to Sir Phillip Sidney in his Alaham. Had done a contempt to the Commons and distrubed the Nation 1 Car. Voted 2 Car. resolved by that Parliament that he had Sowen Sedition And endeavoured to reconcile us to Rome Articles against Mountague Campanella de Monar Hispan Jour Dom. Com. Anno. 27 Eliz. Dr. Parry's Case Journ Dom. Com. 18 Jac. Sir Giles Mompesson's Case Journ Dom. Proc. 18 Jac. The Lords Judgment againw him * Journ Dom. Com. 19 Jac. Sir John Bennet ' s Case Illos extollimus qui fraudibus ac dolis divites facti sunt eos patres legum Justitiae fontes sapientiaeque thesauros appellantes O inconcussa Dei justitia quamdiu haec pateris ab horum igitur scholis in quibus non sat scio an de veritatis inventione an potius de lucri spe major sit disceptatio prodeunt Judices