Penals
.
And
a
King
in
possession
of
his
Kingdome
during
his
raigne
may
before
his
Coronation
summon
his
Parliament
as
taking
one
example
in
a
case
so
cleere
for
all
:
King
Hen
,
6
,
was
not
crowned
vntill
the
8
yeare
of
his
raigne
,
and
yet
in
his
1
,
2
,
3
,
4
,
5
,
and
6
,
yeare
of
his
raigne
divers
Parliaments
were
holden
,
(
as
also
our
gracious
Soveraigne
King
Charlescalled
called
a
Parliament
Anno
,
1.
before
his
Coronation
)
.
And
summoned
by
him
Hen
.
6
,
as
in
the
Statutes
may
appeare
:
For
it
is
cleerely
resolved
by
all
the
Iudges
of
England
,
that
presently
by
discent
he
is
absolutely
and
compleately
King
without
any
essentiall
ceremony
or
act
to
bee
done
ex
post
facto
,
and
that
Coronation
is
but
a
royall
ornament
or
outward
solemnization
of
the
discent
,
And
the
King
is
as
absolute
and
compleate
a
King
both
for
matter
of
Iudicatorie
as
Graunrs
,
&c.
both
before
his
Coronation
as
hee
was
after
.
Also
the
King
being
within
age
,
may
aswell
summon
his
Parliament
as
if
he
were
at
full
age
,
as
by
the
example
was
seene
in
the
said
Hen
.
6.
and
Ed.
6.
and
obserue
the
case
of
the
Dutchie
of
Lancaster
in
Plowdens
Commentaries
,
221.
6.
Where
it
is
agreed
,
that
the
person
of
the
King
is
not
infeebled
by
his
nonage
,
for
his
person
doth
alwayes
remaine
of
full
age
,
aswell
to
make
guifts
and
graunts
as
in
administration
of
Iustice
.
And
the
diversity
of
Sex
maketh
no
difference
a●…
by
the
Statute
made
in
the
first
yeare
of
Queene
Mary
holden
by
Prorogation
Cap.
1.
is
declared
.
Also
a
King
being
in
possession
of
his
Kingdome
whether
by
rightfull
Title
or
by
wrong
as
an
Vsurper
.
He
is
a
person
able
Ipso
facto
to
summon
a
Parliament
,
as
by
the
example
holden
by
Hen
.
6.
before
and
after
the
redemption
of
his
Crowne
being
remoued
there
from
by
Ed.
4.
wherein
the
said
Edward
was
in
his
Remitter
as
is
to
be
seene
in
Baggots
assis●…
,
in
the
9.
yeare
of
Ed.
4.
fol.
1.
6.
&
sequentium
whereby
it
is
said
,
that
Hen
:
6.
was
King
in
possession
.
And
it
was
necessary
that
the
Realme
haue
a
King
vnder
whom
the
Lawes
may
be
holden
and
maintained
.
And
therefore
though
he
was
but
vsurpation
,
yet
every
act
Judicially
done
by
him
,
which
doth
concerne
his
Jurisdiction
Royall
shall
be
good
,
and
bind
the
rightfull
King
his
regresse
,
and
divers
other
Examples
there
are
hereof
.
See
1
Hen
.
7.
fol.
3.
In
ancient
times
after
the
King
had
summoned
his
Parliament
to
be
holden
at
a
certaine
day
and
place
,
Innumerable
multitudes
of
people
did
make
there
accesse
thereunto
,
pretonding
that
priviledge
of
right
to
belong
to
them
,
and
not
onely
to
the
Lords
spirituall
and
Temporall
but
also
to
the
Commonalty
being
Freeholders
:
But
King
Hen
.
3.
hauing
had
experience
of
the
mischiefes
and
inconveniences
by
occasion
of
such
popular
confusion
,
did
take
order
and
restrayned
that
ouer
great
accesse
.
So
that
none
might
come
to
his
Parliament
but
those
who
were
specially
summoned
,
which
his
sonne
Edw
.
1.
did
carefully
keepe
and
obserue
,
according
to
that
auncient
saying
,
Ad
Consilium
ne
accesseris
antequam
voceris
.
And
so
euer
since
this
speciall
manner
of
summons
of
Parliament
now
vsed
hath
beene
put
in
practise
.
The
vsuall
forme
of
summons
for
the
Parliament
for
the
Commonaltie
,
is
not
speciall
,
but
a
generall
Writ
is
directed
to
the
Sheriffe
of
euery
County
or
Shire
in
England
and
Wales
,
in
this
forme
.
Rex
vice
.
N.
Salutem
quia
de
advisamento
&
assensum
Consilij
nostri
quibusdam
arduis
&
vrgentibus
negatijs
nos
Statum
&
defensionem
Regni
nostri
Angliae
,
&
Eccles
.
Anglicanè
concernent
quandam
Parliamentum
nostrum
apud
Civitatem
nostram
Westm
.
17.
die
Martij
Prox
.
futurum
teneri
ordinavimus
&
ibidem
〈◇〉
Prelatibus
magnatibus
&
proceribus
dicti
Regni
nostri
colloquium
Habere
,
&
tractare
,
Tibi
precipim●…
●…
rmiter
iniungentet
quod
facta
Proclamacionè
in
Prox
.
com
.
tuo
post
receptionem
hujus
brevis
nostri
tenendum
dio
&
loco
Predicto
,
duos
Milites
,
gladijs
tinctis
magis
idonios
&
discretos
eum
predict
.
&c.
Et
Electionem
illam
in
pleno
com
.
tuo
factum
dissinctè
&
aparte
,
sub
Si●…
gillo
tuo
&
sigillis
eorum
qui
Electioni
illi
inter
fuerunt
nobis
in
Cancellariam
nostram
ad
dictum
diem
&
locum
certifices
indilate
,
Teste
meipso
,
&c.
vide
Statut
.
23.
H.
6.
Ca
.
15.
And
concerning
those
of
Wales
to
be
summoned
the
Parliament
,
read
the
Statute
thereof
27
,
Hen
,
Hen
,
〈◇〉
cap
.
26
,
Intituled
,
an
act
for
Lawes
and
Iustice
to
be
ministred
in
Wales
,
in
like
forme
as
it
is
in
this
Rea●…
And
also
that
other
Statute
made
35
,
Hen
.
8
,
cap
.
11
Intituled
an
Act
for
the
due
payment
of
Fees
and
wage
of
Knights
and
Burgesses
of
the
Parliament
,
in
wage
And
thereof
see
in
Plowdens
Comitaries
120
,
Sir
Richard
Bulkleyes
Case
and
in
Dyer
13.
And
concerning
those
of
the
County
Palatine
〈◇〉
Chester
,
and
of
the
City
of
Chester
in
this
behalfe
,
so
the
Statute
made
34
,
Hen
.
8.
cap
.
13.
In
Anno
1
,
of
Queene
Mary
a
great
doubt
〈◇〉
moved
amongst
the
Iustices
and
Serjeants
,
If
th●…
Queenes
writ
of
summons
of
the
Parliament
in
which
the
Stile
or
Title
of
Supremum
Caput
Ecclesiae
Anglicanae
were
omitted
,
were
good
and
sufficient
or
vtterly
voide
,
&c.
Because
the
said
stile
is
vnited
an●…
annexed
by
the
Statute
made
the
26
,
and
35
,
Hen
.
8
to
the
Imperiall
Crowne
of
the
Realme
,
but
the
greater
opinion
was
,
such
summons
is
good
enough
,
so
they
said
that
Supremum
Caput
is
not
parcell
of
the
Queenes
name
,
but
an
addition
,
and
the
words
in
the
Statute
are
onely
in
the
assirmatiue
and
not
negatiuely
;
That
the
Stile
shall
be
of
necessity
so
written
of
the
Queene
.
And
this
doubt
was
by
Queene
Elizabeth
againe
moued
in
the
first
Parliament
and
was
aduised
and
resolved
by
great
advise
and
deliberation
(
vt
supra
)
see
the
Statute
1
,
and
2
of
Phil
.
and
Ma.
cap
.
8
,
And
in
Master
Foxes
Acts
and
Monuments
so
:
The
argument
of
Iohn
Hales
to
the
contrary
,
cujuscunque
potessima
Pars
est
Principium
,
which
Rule
is
expressed
in
Sir
Edward
Cokes
10.
part
49.
1.
but
ibidem
fol.
161.
a
the
ancient
rule
is
cited
,
qui
libet
potest
renunciare
luris
Prose
interductä
,
At
euery
County
after
the
delivery
of
the
Parliament
writ
to
the
Sheriffes
,
Proclamation
shall
be
made
in
the
full
County
of
the
day
and
place
of
the
Parliament
,
And
that
all
men
shall
attaine
for
election
of
the
Knights
for
the
same
County
for
the
Parliament
,
The
which
Knights
must
be
resident
within
the
same
County
,
whereof
they
are
to
be
chosen
the
day
of
the
writ
of
summons
of
the
Parliament
,
whereof
every
one
ought
to
have
40
,
S.
of
Free-hold
within
the
said
County
beyond
all
charges
.
And
such
who
haue
the
greatest
number
of
the
said
Electors
,
shal
be
returned
Knights
for
the
same
County
,
see
7.
Hen
.
4
,
cap
.
12
,
1
,
Hen
.
6
,
cap
.
1
,
8
,
Hen
.
6
,
cap
.
13
,
and
10
,
Hen
.
6
,
cap
.
7.
The
Sheriffe
may
examine
euery
one
of
the
said
Electors
vpon
the
said
Evangelists
how
much
hee
may
dispend
by
yeare
if
he
doubt
of
the
value
thereof
,
8.
Hen
.
6
,
cap
.
15.
The
said
Election
shall
be
made
in
the
full
County
betweene
the
houres
of
8
,
and
9
,
before
noone
;
23
,
Hen
,
6
,
cap
.
15.
The
said
Knights
shall
bee
returned
into
the
Chancory
by
Indenture
sealed
betweene
the
Sheriffe
and
the
said
Electors
,
8
,
H.
6
,
Cap.
7
,
7.
H.
4
,
cap
.
1
,
23
,
H.
6.
cap
.
6.
vt
patet
per
breue
supra
.
Every
Sheriffe
who
doth
not
make
a
true
returne
of
such
election
of
Knights
to
come
to
the
Parliament
recording
to
the
Statute
in
that
behalfe
made
,
that
is
to
say
,
The
Statute
8
,
H.
6
,
cap
.
7
,
shall
forfeit
100l
to
the
King
,
and
100l
to
the
Knight
so
chosen
,
who
shall
Commence
his
action
within
3.
moneths
after
the
Parliament
commenced
.
And
if
hee
so
doe
not
and
prosecute
his
suite
in
effect
and
without
fraud
:
Any
other
man
who
will
may
haue
the
said
suite
,
for
the
said
100.
as
the
Knight
had
,
and
costs
of
fuit
also
shall
be
awarded
to
the
said
Knight
or
other
who
will
su●…
his
behalfe
,
23.
Hen
.
6.
Ca
.
15.
No
Sheriffe
shall
be
chosen
for
a
Knight
of
the
Parliament
nor
for
a
Burgesse
,
see
the
booke
of
Entries
411.
And
at
a
Parliament
holden
38.
Hen
.
8.
It
was
admitted
and
accepted
that
if
a
Burgesse
of
the
Parliament
bee
made
Mayor
of
a
Towne
,
or
haue
Iudiciall
Jurisdiction
,
or
another
is
sicke
,
That
these
are
causes
sufficient
to
those
others
.
And
so
was
done
by
the
Kings
Writ
out
of
the
Chancery
,
comprehending
this
matter
which
was
in
Commune
●…
mo
Parlia
menti
,
7.
and
38.
Hen
.
8.
In
euery
writ
of
Parliament
directed
to
the
She
riffe
,
this
clause
shall
be
insorted
:
Electionem
tuam
in
pleno
Com
.
tuo
factum
distincte
&
aperte
sub
Sigillo
tuo
&
Sigillis
coram
qui
electioni
illi
inter
fuerunt
nos
in
Cancellariam
nostram
ad
diem
&
locum
in
breue
Content
certifices
indilato
:
Hen
.
4.
Cap.
15.
The
Sheriffe
after
the
receipt
of
the
writ
of
Election
,
&c.
shall
deliver
without
fraud
a
sufficient
precept
vnder
his
seale
to
every
Mayor
,
and
Bayliffe
or
Bayliffes
where
no
Mayor
is
,
of
City
and
Burrough
within
his
County
,
reciting
in
his
precept
the
writ
of
Parliament
,
commanding
them
by
the
said
precept
;
If
it
be
a
City
to
those
Citizens
for
the
same
City
by
Citizens
,
And
if
it
be
a
Burrough
then
Burgesses
,
by
Burgesses
of
the
same
to
come
to
the
Parliament
,
And
that
the
said
Maior
,
or
Bayliffe
,
or
Bayliffes
,
where
no
Mayor
is
,
shall
returne
lawfully
the
said
precept
to
the
Sheriffe
:
and
those
who
made
the
Elections
,
and
of
the
names
of
the
said
Citizens
&
Burgesses
by
them
so
chosen
;
23.
Hen
.
6.
Cap.
15.
The
Sheriffe
shall
make
a
good
returne
of
his
writ
,
and
of
euery
returne
of
the
Mayor
and
Bayliffe
or
Bayliffes
,
or
Bayliffes
where
no
Maior
is
to
him
made
.
And
if
the
Sheriffe
doe
contrary
to
this
Statude
made
for
the
election
of
Knights
,
Citizens
,
and
Burgesses
to
come
to
the
Parliament
,
he
shall
incurre
the
paine
of
100.
pounds
to
the
King
,
and
shall
bee
imprisoned
for
one
whole
yeare
,
without
Bayle
or
maine-price
.
And
the
Knight
for
the
County
returned
contrary
to
the
said
Ordinances
,
shall
loose
their
wages
by
the
Statute
,
8.
Hen
.
6.
Cap.
7.
And
the
Sheriffe
shall
loose
100.
pounds
to
euery
Knight
,
Citizen
,
and
Burgesse
,
chosen
in
his
County
to
come
to
the
Parliament
;
And
not
duely
returned
,
or
to
any
other
who
will
sue
in
his
default
by
action
of
Debt
,
with
costs
expended
in
that
case
:
In
which
suite
,
the
Defendant
shall
not
wage
Law
,
nor
be
essoyned
,
Anno
23.
Hen
.
6.
Cap.
15.
If
the
Mayor
,
and
Bayliffe
,
or
Bayliffes
,
or
Bayliffes
where
no
Mayor
is
,
doe
returne
others
,
then
those
who
be
chosen
by
the
Citizens
and
Burgesses
of
the
Cities
and
Borough
,
,
where
such
Election
shall
bee
made
,
hee
shall
forfeit
to
the
King
40.
pounds
,
and
so
much
to
the
Citizen
or
Burgesse
chosen
to
come
to
the
Parliament
and
not
duely
returned
by
the
Mayor
or
Bayliffe
;
or
Bayliffes
where
no
Mayor
is
,
or
to
any
other
person
who
in
default
of
such
Citizen
or
Burgesse
so
chosen
,
will
sue
for
it
by
action
of
debt
with
costs
expended
.
And
they
shall
haue
a
writ
of
debt
for
the
said
40.
pounds
,
in
which
the
defendant
shall
not
wage
his
Law
nor
shall
be
essoyned
,
23.
Hen
.
6.
Cap.
15.
Every
Knight
,
Citizen
,
or
Burgesse
,
chosen
and
not
returned
,
shall
Commence
his
action
within
3.
Moneths
next
after
the
commencing
of
the
said
Parliament
.
In
which
he
must
proceed
effectually
without
fraud
,
And
if
he
so
doe
not
,
any
other
who
will
sue
for
it
,
shall
haue
the
said
Action
for
the
said
Forfeiture
,
and
costs
in
the
same
expended
:
in
which
the
Defendant
shall
not
wage
Law
,
nor
shal
be
essoyned
;
Anno
23.
Hen
.
6
,
cap
.
15
,
If
any
Knight
,
Citizen
,
or
Burgesse
,
that
shall
be
returned
by
the
Sheriffe
to
come
to
the
Parliament
,
be
after
such
returne
put
out
,
and
another
put
in
his
place
,
he
that
is
in
his
place
so
put
out
,
if
he
take
vpon
him
to
be
a
Knight
,
Citizen
,
or
Burgesse
,
shall
forseite
to
the
King
100.
pounds
,
and
so
much
to
the
Knight
,
Citizen
,
or
Burgesse
,
returned
by
the
Sheriffe
:
and
so
afterwards
put
out
,
and
the
same
Knight
,
Citizen
,
or
Burgesse
,
so
put
out
,
shall
haue
an
Action
of
debt
against
him
so
put
in
his
place
,
his
Executors
and
Administrators
,
and
shall
commence
his
action
within
3.
Moneths
after
the
beginning
of
the
Parliament
:
and
if
he
sue
not
as
before
,
any
other
who
will
shall
haue
the
said
suit
;
in
which
the
Defendant
shall
not
wage
his
law
,
nor
shall
bee
essoyned
;
so
that
such
Knights
of
the
Parliament
chosen
,
be
a
Knight
,
or
such
Esquire
or
Gentleman
of
the
same
County
,
who
may
be
a
Knight
,
and
none
to
be
such
a
Knight
,
who
stands
in
the
Degree
of
a
Yeoman
;
Anno
23.
Hen
.
6.
Cap.
15.
All
persons
and
Commonalties
who
shall
bee
summoned
to
the
Parliament
,
shall
come
as
it
hath
beene
accustomed
of
the
Ancient
time
:
And
hee
that
commeth
not
hauing
no
reasonable
excuse
shall
bee
amerced
,
and
otherwise
punished
as
of
ancient
time
hath
bin
vsed
,
5.
R.
2.
Statut
.
2.
Cap.
4.
If
any
Archbishop
,
Bishop
,
Duke
,
Marquis
,
Earle
or
Baron
,
be
summoned
by
the
Kings
writ
to
come
to
the
Parliament
,
and
thorough
sicknes
or
any
other
infirmitie
he
cannot
make
his
appearance
at
the
said
Parliament
,
he
must
procure
from
the
King
his
Warrant
of
absence
,
as
in
like
case
was
graunted
to
the
Abbot
of
Eusnam
in
the
23
yeare
of
Hen
,
8.
in
forme
following
.
H.
8.
By
the
King
.
Trusty
and
welbeloved
.
Wee
greet
you
well
,
and
albeit
you
have
monition
among
other
Prelates
of
our
Realm
to
bee
present
at
our
high
Court
of
Parliament
to
bee
holden
:
yet
neverthelesse
wee
of
our
especiall
grace
considering
your
debility
and
age
,
bee
content
and
by
these
presents
Licence
you
to
be
absent
from
our
said
Parliament
during
the
continuance
,
prorogation
,
or
adiournment
of
the
same
:
The
said
Monition
,
or
any
other
writ
directed
to
you
,
or
Commandement
given
by
vs
to
you
notwithstanding
vnder
our
Seale
,
signed
at
our
Mannor
of
Greenwich
,
The
6.
of
Ianuary
in
the
23.
of
our
raigne
.
To
our
trustie
and
welbeloued
in
God
,
the
Abbot
of
our
Monastery
of
Eusham
.
And
it
appeareth
to
be
true
which
Fortescue
saith
in
his
18.
Cap.
Fol.
40.
That
Acts
of
Parliament
and
Statutes
in
England
,
are
not
made
onely
by
the
Princes
pleasure
,
but
also
by
the
consent
of
the
whole
Realme
:
So
that
of
necessity
they
must
procure
the
Weale
of
the
whole
Realme
,
and
in
no
wise
tend
to
their
hinderance
.
And
it
cannot
bee
otherwise
thought
but
that
they
are
replenished
with
much
wit
and
wisedome
,
seeing
they
are
not
ordained
by
the
advice
of
one
man
onely
,
or
of
a
100.
wise
Councellors
,
but
of
more
then
300.
chosen
men
,
which
agreeth
with
the
ancient
number
of
ancient
Senators
of
Rome
.
No
Baron
,
Knight
,
Citizen
or
Burgesse
,
who
shal
be
chosen
to
come
to
the
Parliament
,
shall
not
depart
vntill
that
Parliament
be
ended
or
prorogued
if
he
haue
not
license
of
the
Speaker
,
and
of
the
Commons
assembled
in
that
Parliament
,
which
license
shal
be
entred
in
the
Booke
of
the
Clearke
of
the
parliament
appointed
for
the
Commons
House
,
vpon
paine
of
losing
their
wages
,
whereof
all
Counties
and
Burroughs
shall
be
discharged
,
6.
Hen
.
8.
cap
.
16.
Concerning
the
due
leauying
of
Knights
Fees
and
wages
for
attendance
at
the
Parliament
,
see
the
Statute
made
23
,
Hen
.
6.
Cap.
11.
Knights
and
Burgesses
for
the
Parliament
must
take
the
Oath
of
Allegiance
,
and
so
shall
Citizens
and
Barons
for
the
Fiue
ports
,
for
the
parliament
before
they
doe
enter
into
the
parliament
house
Anno
5
,
Eliz
.
Cap.
1.
and
they
must
also
take
the
Oath
of
Supermacie
,
made
7
,
Iacobi
cap
.
6.
Which
two
Oathes
shall
be
taken
before
the
Lord
Steward
for
the
time
being
,
or
his
Deputy
or
Deputies
.
Memorandum
in
the
Statute
made
,
Anno
25
,
Hen
.
8
,
Cap.
19.
entituled
an
Act
concerning
the
submission
of
the
Clergie
of
the
Kings
Majestie
,
is
contained
,
that
the
Convocation
is
ond
alwayes
hath
bin
and
ought
to
be
assembled
by
the
Kings
writ
,
The
forme
whereof
is
thus
set
downe
by
Doctor
Cowell
in
his
Interpreter
Verbo
Proclam
.
First
,
the
King
directeth
his
writ
to
the
Archbishop
of
each
province
,
for
the
summoning
of
all
Bishops
,
Deanes
,
Archdeacons
,
Cathedrall
and
Collegiate
Churches
,
and
generally
all
the
Clergie
of
his
province
:
after
their
best
discretions
and
judgements
,
assigning
to
them
the
time
and
place
in
the
said
writ
,
Then
the
Archbishops
proceed
in
their
accustomed
course
one
example
may
shew
both
.
The
Archbishop
of
Canterbury
vpon
his
writ
of
summon
received
,
directeth
his
letters
to
the
Bishop
of
London
as
his
Deane
provinciall
.
First
citing
him
peremptorily
,
And
then
willing
him
to
Scite
in
like
manner
all
the
Bishops
,
Deanes
,
Arch-Deacons
,
Cathedrall
and
Collegiate
Churches
,
and
generally
all
the
Clergie
of
his
Province
,
to
the
place
and
against
the
day
prefixed
in
the
writ
,
but
directeth
withall
:
That
one
Proctor
sent
for
every
Cathedrall
or
Collegiate
Church
,
and
two
for
the
body
of
the
inferior
Clergie
of
each
Dyocesse
may
suilice
,
and
by
vertue
of
these
Letters
,
Authentically
sealed
.
The
said
Bishop
of
London
sendeth
the
like
Letter
;
seuerally
to
the
Bishops
of
euery
Diocesse
of
the
Province
,
cyting
them
in
like
manner
,
and
commandeth
them
not
onely
to
appeare
,
but
also
to
admonish
the
said
Deanes
and
Archdeacons
,
personally
to
appeare
,
and
the
Cathedrall
and
Collegiate
Churches
,
also
of
the
common
Clergie
of
the
Dyocesse
,
to
send
their
Proctors
at
the
day
appointed
in
the
Writ
:
And
also
will
them
to
certifie
the
Archbishop
,
the
names
of
all
and
euery
one
so
summoned
by
them
,
in
a
schedule
annexed
to
their
Letters
Certificatorie
.
The
Bishops
proceed
accordingly
,
and
the
Cathedrall
and
Collegiate
Churches
:
as
also
the
Clergie
make
choise
of
their
Proctors
,
which
done
and
certified
to
the
Bishop
,
he
returneth
all
answerable
to
his
charge
,
(
Cave
lector
)
for
the
Clergie
of
the
Convocation
house
,
are
no
part
or
member
of
the
Parliament
:
as
you
may
see
resolued
by
the
Lord
Richard
Lord
Windsor
,
and
others
;
in
the
beginning
of
the
sixt
Examination
of
Master
Philpot
,
in
the
beginning
of
the
raigne
of
Queene
Mary
:
in
Master
Foxes
booke
of
Martyrs
,
Fol.
1639.
contrary
to
the
opinion
of
Doctor
Cowell
,
vbi
supra
.
Neverthelesse
it
is
enacted
by
the
Statute
8.
Hen
.
6.
Cap.
1.
That
all
the
Clergie
called
to
the
Convocation
House
by
the
Kings
writ
,
and
their
servants
and
familiars
shall
haue
and
fully
vse
euery
such
libertie
and
defence
,
in
comming
,
abiding
,
and
going
,
as
the
Great
men
and
commonalty
of
the
Land
(
to
bee
called
to
the
Parliament
of
the
King
)
shall
haue
.
And
because
mention
is
here
made
of
the
Priuiledges
appertaining
to
those
of
the
Parliament
house
;
take
heere
a
word
or
two
thereof
.
The
Words
of
the
Statute
made
the
11.
Hen
.
6.
cap
.
11.
are
as
followeth
:
The
King
willing
to
prouide
for
ease
and
tranquility
of
those
that
come
to
his
Parliament
:
Hath
ordained
and
established
,
That
if
any
assault
or
affray
be
made
vpon
any
Lord
Spirituall
or
Temporall
,
Knight
of
the
Shire
,
Citizen
or
Burgesse
,
comming
to
the
Parliament
,
or
the
Councell
of
our
Soveraigne
Lord
the
King
.
That
then
Proclamation
shall
be
made
,
in
the
most
open
place
of
the
City
or
Towne
where
the
affray
was
so
made
,
by
3.
severall
dayes
,
That
the
party
that
made
such
affray
and
assault
,
yeild
himselfe
before
the
King
and
his
Bench
,
within
a
quarter
of
a
yeare
after
the
proclamation
so
made
,
if
it
be
in
the
time
of
the
Terme
,
or
otherwise
in
the
next
day
in
the
time
of
the
Terme
following
the
said
quarter
.
And
if
he
so
doe
not
,
that
he
bee
attained
of
the
deede
,
and
pay
to
the
partie
greeved
his
double
damages
,
to
bee
taxed
at
the
discretion
of
the
Iustices
of
the
same
Bench
for
the
time
being
,
or
by
inquest
if
it
be
needfull
:
and
make
Fine
and
Ransome
at
the
Kings
will
,
and
if
he
come
and
be
found
guilty
by
inquest
,
examination
or
otherwise
of
such
affray
or
assault
,
then
he
shall
pay
vnto
the
partie
greeved
thereby
,
his
double
damages
found
by
the
Inquest
,
or
to
be
taxed
by
the
discretion
of
the
Justices
,
and
make
Fine
and
Ransome
at
the
will
and
pleasure
of
our
Soveraigne
Lord
the
King
.
Every
Knight
,
Citizen
,
Burgesse
,
Baron
of
the
Five
Ports
or
others
,
called
to
the
Parliament
of
the
King
;
Shall
have
priviledge
of
the
Parliament
during
the
Sessions
of
Parliament
,
so
that
he
that
doth
arrest
any
of
them
during
that
time
,
shall
bee
imprisoned
in
the
Tower
by
the
Nether
House
,
of
which
he
is
and
shall
be
put
to
his
fine
and
the
Keeper
also
,
if
hee
will
not
deliver
him
when
the
Serjant
at
Armes
doth
come
for
him
by
the
commandement
of
the
house
whereof
he
is
:
See
Dyer
,
60.
The
servants
attending
vpon
their
Masters
during
Parliament
who
are
necessary
,
and
also
such
Officers
as
bee
attending
vpon
the
Parliament
,
as
the
Serjeant
at
Armes
,
the
Porter
of
the
doore
,
Clearkes
and
such
like
,
and
in
the
same
manner
of
their
chattells
and
goods
necessary
,
so
that
they
shall
not
bee
arrested
nor
taken
by
any
Officer
,
if
it
be
not
in
case
of
Fellony
or
Treason
,
in
the
same
manner
,
as
the
Iudges
and
Ministers
of
other
Courts
shall
have
for
their
servants
,
goods
and
chattells
necessary
,
see
Cromptons
Courts
,
fol.
11.
a.
But
the
Parliament
doth
not
giue
priuiledge
Tempore
vacationis
sed
Scedente
curia
.
See
Brooks
Title
priviledge
,
56.
It
appeareth
that
in
the
Parliament
31.
Hen
.
6
,
in
the
vacation
,
the
Parliament
being
continued
by
prorogation
,
Thomas
Thorpe
the
Speaker
was
condemned
in
a
Thousand
markes
,
damages
by
an
Action
of
Trespasse
brought
against
him
by
the
Duke
of
Yorke
,
and
was
committed
to
prison
in
Execution
for
the
same
,
and
after
when
the
Parliament
was
re-assembled
the
Commons
made
suite
to
the
King
and
Lords
to
haue
Thorpe
their
Speaker
,
delivered
for
the
good
exployte
of
the
Parliament
:
whereupon
the
Dukes
Councell
declared
the
whole
cause
at
large
,
whereupon
the
Lords
demanded
the
opinion
of
the
Iudges
,
whether
in
that
case
,
Thorpe
ought
to
bee
deliuered
out
of
prison
by
priuiledge
of
Parliament
;
The
Judges
made
this
answere
,
that
they
ought
not
to
determine
the
priuiledge
of
that
high
Court
of
Parliament
:
But
for
Declarations
of
proceedings
in
Law
,
Courts
in
case
where
writs
of
Supersedias
for
the
priuiledge
of
the
Parliament
to
be
brought
vnto
them
,
they
answer
;
That
if
any
person
that
is
a
member
of
the
Parliament
be
arrested
in
such
case
as
it
be
not
for
Treason
or
Fellony
,
or
for
surety
of
the
Peace
,
or
for
condemnation
had
before
the
Parliament
.
It
is
vsed
that
such
persons
be
released
and
may
make
Attorney
,
so
as
they
may
haue
their
freedome
and
liberty
freely
to
attend
that
Parliament
:
Hereupon
it
was
concluded
,
That
Thorpe
should
still
remaine
in
prison
according
to
the
Law
.
Notwithstacding
,
the
priuiledge
of
Parliament
,
and
that
he
was
the
Speaker
,
which
resolution
was
declered
to
the
Commons
by
Walter
Moile
one
of
the
Kings
Serjeants
●…
t
Law
,
and
then
the
Commons
were
commanded
in
the
Kings
name
by
the
Bishop
of
Lincolne
,
in
the
Absence
of
the
Arch-Bishop
of
Canterbury
then
Chancellor
,
to
choose
another
Speaker
.
It
hath
beene
much
doubted
whether
one
taken
in
Execution
during
the
Parliament
,
may
b
set
at
liberty
by
writ
of
Parliament
,
as
is
to
be
serne
in
the
first
of
Eliz
.
4.
Fol.
8.
a
,
Dyer
,
6●…
.
But
at
this
day
the
Law
is
explained
in
that
case
by
the
Statute
made
,
1.
lacob
Cap.
19
Intituled
〈◇〉
a●…
t
for
new
execution
to
be
si●…ed
against
any
who
shall
here
after
be
delivered
out
of
prison
by
priuiledge
of
Parliament
.
And
for
discharge
of
them
out
of
whose
custody
such
prisoners
shall
be
delivered
.
The
forme
of
a
Protection
to
be
made
by
any
person
of
eyther
House
of
Parliament
,
vnto
such
of
their
Servants
as
may
stand
in
danger
of
Arresting
in
time
of
Parliament
.
Whereas
by
the
ancient
Priviledges
Lawes
and
Customes
of
this
Realme
heretofore
vsed
and
approved
.
The
Lords
Spirituall
and
Temporall
,
the
Knights
,
Citizens
and
Burgesses
of
the
Parliament
,
have
alwayes
had
their
servants
and
followers
priviledged
and
free
〈◇〉
any
molestation
,
trouble
,
arrest
or
imprisonment
,
for
some
certaine
dayes
,
both
before
the
beginning
and
after
the
〈◇〉
of
the
same
.
And
where
is
at
this
time
a
〈◇〉
is
summoned
where
myself
being
a
Baron
and
Peere
of
the
Realme
(
or
Knight
,
or
Burgesse
)
〈◇〉
to
make
my
appearance
,
I
understand
not
,
〈◇〉
that
you
or
some
of
you
have
now
in
your
〈◇〉
〈◇〉
〈◇〉
,
Writ
or
〈◇〉
,
to
modest
,
ar●…
,
〈◇〉
〈◇〉
.
B.
my
〈◇〉
〈◇〉
in
ordinary
,
whose
attendance
I
haue
speciall
cause
to
vse
and
employ
in
matters
which
doe
much
concerne
and
import
my
estate
,
and
other
occasions
to
be
followed
and
solicited
by
him
during
this
Sessions
of
Parliament
.
These
are
therefore
to
Charge
and
Command
you
,
and
every
one
of
you
,
both
to
withdraw
the
same
Processe
,
Writ
or
Warrant
,
if
any
such
bee
;
As
also
,
if
thereby
you
or
any
of
you
,
haue
molested
,
arrested
,
or
imprisoned
him
the
said
J.
B.
within
the
Compasse
of
the
foresaid
dayes
of
priviledge
;
That
the●…
vpon
sight
hereof
,
you
presently
set
him
at
liberty
,
as
you
or
any
of
you
will
answere
the
contrary
.
Given
vnder
my
hand
and
Scale
the
16.
day
of
Februa
,
ry
,
1627.
To
all
Maiors
,
Sheriffes
,
Bayliffes
,
Sergeants
,
Knights
,
Marshals-men
,
and
all
other
his
Majesties
Officers
.
R.
S.
The
forme
of
a
Letter
directed
to
the
Sheriffe
of
I.
for
discharge
of
a
Seruant
that
is
Arrested
vpon
Execution
,
and
during
the
time
of
the
Parliament
notwithstanding
his
Protection
.
Mr.
Sheriffe
,
whereas
I
was
to
be
attended
to
the
Parliament
,
I
wanted
one
of
my
houshold
servants
,
a
Gentleman
of
mine
,
called
B.
to
whom
I
had
giuen
a
priuiledge
for
this
Session
of
Parliament
,
to
prevent
any
arrest
or
imprisonment
for
his
debts
,
to
the
end
he
might
waite
on
mee
and
prosecute
my
busines
with
more
diligence
and
lesse
danger
of
Interruption
in
that
kinde
.
But
I
now
vnderstand
hee
is
in
the
Custody
of
the
Sheriffe
of
Middlesex
,
within
the
dayes
limitted
vpon
an
Execution
of
1000.
pounds
,
And
that
hee
doth
detaine
him
and
will
take
no
notice
of
my
priuiledge
vnder
my
hand
and
Scale
,
although
it
hath
beene
shewed
him
:
I
haue
chosen
rather
to
write
to
you
then
to
take
the
Ancient
priuiledges
and
liberties
of
the
vppermost
House
of
Parliament
,
and
the
honour
of
a
Peere
of
this
Kingdome
into
your
friendly
consideration
,
then
that
I
would
be
offen
siue
to
any
of
your
subordinate
Officers
,
in
sending
for
them
and
the
Plaintiffe
by
a
Serieant
at
Armes
,
or
to
conuent
them
before
the
Lords
for
their
contempt
.
And
Mr.
Sheriffe
,
I
am
further
giuen
to
vnderstand
,
that
the
Deputy
is
brother
to
the
vnder
.
Sheriffe
,
and
that
hee
did
execute
the
Office
the
last
yeare
,
which
is
a
plaine
defrauding
of
the
Law
,
not
being
three
yeares
betwixt
them
,
being
well
knowne
that
his
brother
doth
not
intermeddle
in
the
Office
at
all
,
nor
taketh
any
notice
at
all
what
warrants
are
made
foorth
in
his
name
,
or
of
what
writs
are
brought
to
his
hands
,
for
his
Deputie
doth
take
the
whole
benefit
of
the
place
into
his
owne
hands
.
And
by
this
meanes
the
vnder
Sheriffe
being
in
Glocestershire
,
he
hath
a
collour
as
his
Deputy
not
to
take
notice
of
our
priuiledges
being
directed
to
the
Sheriffe
;
herewith
I
thought
good
to
acquaint
you
,
expecting
your
answere
and
the
release
of
my
Seruant
,
otherwise
,
I
purpose
not
to
loose
the
priuiledge
of
a
Peere
of
the
Realme
.
whilest
it
concernes
our
honour
.
And
is
no
Indempnity
to
the
Plaintiffe
,
whose
Iudgement
and
Execution
is
in
as
much
force
and
strength
,
by
a
late
Statute
to
take
hold
of
B.
afterwards
us
it
was
before
.
Concerning
the
vpper
house
of
Parliament
:
first
it
is
obserued
,
that
thither
commeth
all
Lords
of
the
Parliament
aswell
Spirituall
as
Temporall
,
and
they
are
summoned
by
the
Kings
writ
also
,
but
Separatim
,
and
not
by
a
generall
writ
to
the
Sheriffe
of
the
County
,
as
the
Commons
are
summoned
who
are
of
the
lower
house
of
the
Parliament
,
the
forme
of
which
writ
is
as
followeth
.
〈◇〉
,
&c.
Charissimo
consanguineo
suo
comiti
〈◇〉
〈◇〉
de
aduisamento
&
assensu
confilij
nostri
,
Pr●…
〈◇〉
〈◇〉
&
vrgentibus
negotijs
nos
Stat
,
&
〈◇〉
〈◇〉
Regni
nostri
&
Eccles
.
Anglicanis
con●…
〈◇〉
quandam
Parliamenium
nostrum
apud
Civitate
nostrum
West●…
1●…
.
dic
Mar●…
,
Prox
.
futur
,
〈◇〉
〈◇〉
〈◇〉
,
&
ibidem
vobisc●…
ac
cum
Prelatibus
〈◇〉
●…
&
proctrivus
dicti
Regni
nostri
Col●…
habere
&
tra●…
are
;
vobis
sub
side
&
legeancij
quibus
nobis
●…
num
●…
iter
injug●…
nius
Mandamus
quad
considerationem
●…
rum
negotiorum
arduate
&
pericults
in
mentibus
〈◇〉
executione
quicunque
dic●…
die
&
〈◇〉
personaliter
intersitis
nobiseum
,
ac
cum
Prolatibus
magnatibus
&
pre●…
bus
supradictis
negoti●…
〈◇〉
vestrumque
consilium
impensur
.
Et
hoc
sicut
nos
&
●…
norem
nostram
,
&
rempublicam
,
&
saluati
enum
,
&
defensionem
Regni
&
Ecclesiae
,
predict
expedetionemque
negotiorum
dictorum
diligitis
nulla
te●…
〈◇〉
.
Teste
me
ipsu
apud
Westm
.
18.
die
Ianuary
Anno
Regni
nostri
,
&c.
At
the
first
day
appointed
by
the
King
for
the
Parlia
ment
vsually
the
King
in
person
doth
ride
thither
as
it
were
to
open
the
doore
of
their
Authority
,
attended
by
all
the
Lords
Spirituall
and
Temporall
in
their
Parliament
Roabes
.
But
if
the
King
be
let
per
E
〈◇〉
or
by
other
Causes
,
his
Majesty
may
command
the
adjornment
of
the
Parliament
to
be
held
at
some
other
day
at
his
pleasure
,
as
was
done
at
the
first
day
of
the
Parliament
holden
the
first
yeare
of
the
late
Queene
Eliz
.
as
appeareth
in
Dyer
,
Fol.
20.
3.
a.
When
Parliament
was
prorogued
by
writ
Patent
,
vnder
their
entire
great
Seale
and
〈◇〉
with
the
hand
of
the
Queens
:
by
which
Booke
the
printed
Booke
of
the
Statutes
may
be
corrected
.
And
the
King
may
vnder
his
great
Seale
assigne
2.
or
3.
of
the
Lords
of
the
Parliament
to
supply
his
place
in
Parliament
,
if
he
be
sicke
,
or
will
not
come
for
any
other
cause
,
vt
sactum
fuit
,
Anno
31.
Eliz
,
At
which
time
the
Archbishop
of
Canterbury
,
The
Lord
Treasurer
of
England
,
and
the
Earle
of
Derby
,
were
Commissioners
,
vnder
the
great
Scale
appointed
and
assigned
to
represent
her
Majesties
person
in
Parliament
,
And
they
doe
sit
ono
space
lower
from
the
Cloath
of
Estate
in
the
Parliament
House
,
See
Cromptons
Courtes
.
Fol.
12.
a.
By
the
Statute
made
Anno
23.
Hen
.
8.
Cap.
21.
It
is
thus
defaced
,
the
Assent
of
the
King
by
his
Letters
Patents
vnder
the
great
Seale
of
England
,
and
signed
with
his
hand
and
notefied
in
his
absence
to
the
Lords
of
the
Parliament
,
and
Commons
assembled
in
the
higher
House
,
is
and
euer
was
of
as
good
force
and
strength
as
if
the
person
of
the
King
had
bin
there
present
;
and
had
assented
openly
and
publikely
to
the
same
.
And
such
Royall
assent
as
is
aforesaid
shall
be
taken
,
for
good
and
effectuall
to
every
intent
without
any
ambiguity
of
Custome
or
vsage
to
the
contrary
notwithstanding
.
In
this
Court
is
attending
,
The
Lord
Chancellor
of
England
,
or
the
Lord
Keeper
of
the
great
Seale
,
or
some
other
●…
ge
man
as
the
King
shall
choose
.
By
whom
the
King
doth
shew
his
mind
to
the
Lords
.
And
hee
doth
put
them
in
remembrance
of
those
things
whic
are
to
be
treated
there
before
the
Lords
,
who
if
hee
bee
no
Baron
,
or
Peere
of
the
Realme
,
sitteth
neare
the
King
behind
the
cloath
of
Estate
,
And
is
as
the
Speaker
of
the
vpper
house
of
Parliament
.
In
the
31
'
yeare
of
Hen
.
8.
Cap.
10.
Intituled
an
Act
concerning
placing
of
the
Lords
in
the
Parliament
Chamber
,
and
other
assemblies
and
conferences
of
Counsell
.
It
is
enacted
as
followeth
.
For
asmuch
as
in
all
great
Counsels
and
Congregations
of
men
having
sundry
degrees
in
the
Common
wealth
,
it
is
very
requisite
and
couenient
,
that
an
order
be
had
and
taken
for
the
placing
and
setting
of
such
persons
as
are
bound
to
resort
to
the
same
;
To
the
intent
that
they
knowing
their
places
,
may
vse
the
same
without
displeasure
or
let
of
the
Couneell
:
Wherefore
the
Kings
most
Royall
Majesty
,
although
it
appertaineth
to
his
Prerogatiue
Royall
to
giue
such
honor
,
places
and
reputation
to
his
Councellors
and
other
his
subjects
as
shall
seeme
best
to
his
most
excellent
Majesty
,
He
is
neverthelesse
pleased
and
●…
ented
for
an
order
to
be
had
and
taken
in
this
his
most
high
Court
of
Parliament
,
That
it
shall
be
inacted
by
authority
of
the
same
,
in
manner
and
forme
as
hereafter
followeth
.
First
,
it
is
enacted
by
authority
aforesaid
,
that
no
person
or
persons
of
what
estate
,
degree
or
condition
soever
he
or
they
be
of
(
except
onely
the
Kings
Children
)
shall
at
any
time
hereafter
attempt
or
presume
to
sit
,
and
haue
place
at
any
side
of
the
Cloath
of
State
,
in
the
Parliament
Chamber
,
neither
of
th'one
hand
of
the
Kings
Highnesse
,
nor
on
the
other
:
whether
the
Kings
Majestie
be
there
personaelly
present
,
or
absent
,
And
for
as
much
as
the
Kings
Majestie
is
justly
and
lawfull
supreame
head
in
Earth
,
of
the
Church
of
England
,
vnder
God
.
And
for
the
exercise
of
the
said
most
royall
Dignity
and
Office
,
hath
made
Thomas
Lord
Cromwell
,
and
Lord
priuie
Seale
,
his
Vicegerent
,
for
good
and
due
ministration
of
Iustice
to
be
had
and
vsed
in
all
Causes
and
Cases
touching
the
Ecclesiasticall
Iurisdiction
,
and
for
the
godly
reformation
and
redresse
of
all
Errors
,
Heresies
,
and
abuses
in
the
same
Church
.
It
is
therefore
enacted
by
authority
aforesaid
,
That
the
said
Lord
Cromwell
,
having
the
said
Office
of
Vicegerent
,
and
all
other
persons
who
shall
hereafter
haue
the
said
Office
of
the
grant
of
the
Kings
Highnesse
,
his
heires
and
Successors
,
shall
sit
and
be
placed
as
well
in
this
present
Parliament
,
as
in
all
Parliaments
what
soeuer
hereafter
to
be
holden
,
on
the
right
side
of
the
Parliament
Chamber
;
and
on
the
same
forme
that
the
Archbishop
of
Canterbury
sitteth
vpon
;
and
aboue
the
said
Archbishop
and
his
Successors
,
and
shall
haue
place
in
every
Parliament
to
assent
or
dissent
,
as
other
the
Lords
of
the
Parliament
.
And
it
is
enacted
,
that
next
to
the
said
Vicegerent
shall
sit
the
Archbishops
of
Canterbury
and
Yorke
,
and
then
next
him
on
the
same
forme
and
side
the
Bishop
of
London
,
and
next
to
him
on
the
same
forme
and
side
the
Bishop
of
Duresme
,
and
next
to
him
,
on
the
same
forme
and
side
,
the
Bishop
of
Winchester
:
and
then
all
the
other
Bishops
of
both
Provinces
of
Canterbury
and
Yorke
shall
sit
and
be
placed
on
the
same
side
after
their
ancienties
,
as
it
hath
beene
accustomed
.
And
for
as
much
as
such
persons
as
now
haue
,
or
hereafter
shall
happen
to
haue
other
great
Offices
of
the
Realme
,
That
is
to
say
,
The
Office
of
the
Lord
Chancellour
,
Lord
Treasurer
,
Lord
President
of
the
Kings
Councell
,
The
Lord
priuie
Seale
,
The
Great
Chamberlaine
of
England
,
The
Marshall
of
England
.
The
Lord
Admirall
,
The
Grand
Master
or
Lord
Steward
of
the
Kings
most
honourable
Houshold
;
The
Kings
Chamberlaine
,
and
the
Kings
Secretary
,
haue
not
beretofore
beene
appointed
and
ordered
for
the
placing
and
sitting
in
the
Kings
most
high
Court
of
Parliament
,
by
reason
of
their
Offices
,
It
is
therefore
now
ordered
,
and
enacted
by
authority
aforesaid
,
That
the
said
Lord
Chancellour
,
Lord
Treasurer
,
the
President
of
the
Kings
Councell
,
and
the
Lord
privie
Seale
,
being
of
the
degrees
of
Barons
,
or
aboue
,
shall
sit
and
be
placed
as
well
in
this
present
Parliament
,
as
in
all
other
Parliaments
hereafter
to
be
holden
in
the
left
hand
of
the
Parliament
Chamber
,
on
the
higher
part
of
the
forme
on
the
same
side
,
aboue
all
Dukes
(
except
onely
such
as
shall
be
the
Kings
Sonne
,
the
Kings
Brother
,
the
Kings
Vnckle
,
the
Kings
Nephew
,
or
the
Kings
Brother
or
Sisters
Sonnes
.
And
it
is
also
ordained
,
and
enacted
by
authority
aforesaid
,
That
the
great
Chamberlaine
,
the
Constable
,
the
Marshall
,
the
Lord
Admirall
,
the
Grand
Master
or
Lord
Steward
,
and
the
Kings
Chamberlaine
shall
sit
and
be
plated
after
the
Lord
priuie
Seale
,
in
manner
and
forme
following
,
That
is
to
say
;
every
of
them
shall
sit
and
be
placed
aboue
all
other
personages
being
of
the
same
estate
or
degree
,
that
they
shall
happen
to
be
of
;
That
is
to
say
,
the
Great
Chamberlaine
first
,
the
Constable
second
,
the
Marshall
third
:
the
Lord
Admirall
fourth
:
the
Grand
Master
or
Lord
Steward
sift
,
and
the
Kings
Chamberlaine
the
sixt
.
And
it
is
also
enacted
by
authority
aforesaid
,
That
the
Kings
chiefe
Secretary
,
being
of
the
degree
of
a
Baron
of
the
Parliament
,
shall
sit
and
be
placed
aboue
and
before
all
other
Barons
,
not
having
any
of
the
Offices
afore
remembred
,
and
if
he
be
a
Bishop
,
That
then
he
shall
sit
and
be
placed
aboue
all
other
Bishops
,
not
having
any
of
the
Offices
aboue
remembred
.
And
it
is
also
ordained
and
enacted
by
authority
aforesaid
,
That
all
Dukes
not
before
mentioned
,
Marquisses
,
Earles
,
Viscounts
,
and
Barons
,
not
having
any
of
the
Offices
aforesaid
,
shall
sit
and
be
placed
after
their
ancientic
,
as
it
hath
beene
accustomed
.
And
it
is
further
enacted
,
that
if
any
person
or
persons
which
at
any
time
hereafter
shall
happen
to
haue
any
of
the
Offices
aforesaid
,
of
Lord
Chancellour
,
Lord
Treasurer
,
Lord
President
of
the
Kings
Counsell
,
Lord
priuie
Seale
,
or
chiefe
Secretary
,
shall
be
vnder
the
degree
of
a
Baron
of
the
Parliament
;
By
reason
whereof
they
haue
no
interest
to
giue
any
assent
or
dissent
in
the
said
house
:
That
then
in
euery
such
Case
,
such
of
them
as
shall
happen
to
be
vnder
the
said
degree
of
ae
Baron
,
shall
sit
and
be
placed
at
the
vppermost
part
of
the
Sackes
,
in
the
middest
of
the
Parliament
Chamber
,
either
there
to
sit
vpon
one
forme
,
or
vpon
the
vppermost
Sacke
:
The
one
of
them
aboue
the
other
in
order
as
〈◇〉
aboue
rehearsed
.
Be
it
also
enacted
by
authority
aforesaid
,
that
in
all
tryals
of
Treason
by
Peeres
of
this
Realme
:
If
any
of
the
Peeres
that
shall
be
called
hereafter
to
be
Tryers
of
such
Tredson
,
shall
heppen
to
have
any
of
the
Offices
afore
said
,
That
then
they
having
such
Offices
,
shall
fit
and
be
placed
according
to
their
Offices
,
aboue
all
th'other
Peeres
that
shall
be
called
to
such
tryals
,
in
manner
and
forme
as
is
above
mentioned
and
rehearsed
.
And
it
is
also
enacted
by
authority
afore
said
;
That
as
well
in
all
Parliaments
,
as
in
the
Starchamber
,
and
in
al
other
Assemblies
,
and
Conferences
of
Councoll
:
The
Lord
Chancellour
,
the
Lord
Treasurer
,
the
Lord
President
;
the
Lord
privie
Seale
,
the
Great
Chamberlaine
,
the
Constable
,
the
Marshall
,
the
Lord
Admirall
,
the
Grand
Master
or
Lord
Steward
,
the
Kings
Chamberlaine
,
and
the
Kings
chiefe
Secretary
,
shall
sit
and
be
placed
in
such
order
and
forme
as
is
aboue
reharsed
,
and
not
in
any
other
place
,
by
authority
of
this
present
Act.
And
in
Sir
Edward
Cokes
11.
part
,
fol.
1.
The
cause
concerning
priority
of
place
in
the
vpper
house
of
Parliament
was
as
followeth
,
at
the
Parliament
held
the
39.
Eliz
.
The
case
was
thus
:
Thomas
Lawarre
Knight
,
Lord
Lawarre
,
sonne
and
heire
of
William
,
sonne
and
heire
of
George
,
Brothe
and
heire
of
Thomas
,
Sonne
and
keire
of
Thomas
Lord
Lawarre
,
exhibited
his
petition
to
the
Queene
to
this
effoct
,
That
whereas
Thomas
the
Great-grand-father
was
called
to
Parliament
by
Writ
of
Summons
,
3.
H.
8.
and
afterwards
this
Thomas
the
Great-grand-father
dyeth
;
After
whose
death
,
Thomas
his
sonne
,
was
called
to
divers
Parliaments
by
Writ
of
Summons
.
And
afterwards
by
act
of
Parliament
3.
E.
6.
for
divers
causes
in
the
said
act
mentioned
,
it
was
enacted
.
That
the
said
William
during
his
life
,
should
be
disabled
to
claime
or
enjoy
any
dignity
or
superiority
,
in
any
right
,
estate
,
&c.
by
discent
,
remainder
,
or
otherwise
.
And
afterwards
the
said
Thomas
the
sonné
of
Thomas
dyeth
;
after
whose
death
the
said
William
being
disabled
,
was
not
called
to
any
Parliament
,
by
writ
of
Summons
,
●…
ill
Queene
Elizabeth
called
him
to
Parliament
by
writ
of
Summons
,
and
sitteth
as
yongest
Lord
of
the
Parliament
:
And
afterwards
lie
dieth
,
and
now
the
said
Thomas
his
sonne
being
called
to
Parliament
by
writ
of
Summons
,
●…
th
to
the
Queene
that
he
may
haue
place
in
Parliament
,
of
his
Great-grand-father
(
that
is
to
say
)
betweene
the
Lord
Berkley
and
the
Lord
Willoughby
of
Eresby
:
And
the
said
petition
was
indorced
in
these
words
;
Her
Majesty
hath
commanded
mee
to
signific
to
your
good
Lordships
,
that
vpon
the
humble
suite
of
the
Lord
Lawarre
,
Shoe
is
pleased
that
the
matter
shall
be
considored
and
determined
in
the
House
.
Robert
Cecill
.
Which
petition
being
read
in
the
vpper
house
of
Parliament
:
The
consideration
of
this
was
referred
and
committed
to
the
Lord
Burley
,
Lord
Treasurer
of
England
,
and
divers
other
Committees
,
who
at
his
Chamber
at
Whitehall
heard
the
learned
Councell
on
both
sides
,
in
the
presence
of
the
two
chiefe
Justices
,
and
divers
other
Iustices
:
And
two
objections
were
made
against
the
Lord
Lawarre
:
first
,
insomuch
that
his
Father
was
disabled
by
act
of
Parliament
to
claime
the
dignity
:
The
petitioner
may
not
convay
by
him
who
was
disabled
,
as
heire
to
his
Great-grand-father
,
and
by
consequence
he
may
not
have
the
place
of
his
Great-grand-father
.
But
it
was
resolved
by
all
the
Iudges
,
That
there
was
a
difference
betweene
a
personall
and
a
Temporary
disability
,
and
absolute
and
perpetuall
disability
:
As
whereas
one
is
attainted
of
Treason
or
Fellony
;
this
is
absolute
and
perpetuall
disability
by
corruption
of
blood
,
for
any
of
his
posterity
to
claime
any
hereditament
in
Fee
simple
,
either
as
heire
to
him
,
or
any
other
:
But
disability
by
Parliament
without
any
Attainder
,
to
claime
the
dignity
for
his
life
;
That
is
Personall
disability
for
his
life
onely
,
and
his
heires
after
his
death
may
claime
as
heire
to
him
,
or
any
other
Ancestor
above
him
:
The
second
objection
is
,
that
the
said
William
hath
accepted
new
Creation
of
the
Queene
;
which
dignity
newly
gained
,
discendeth
to
the
petitioner
which
may
not
wave
:
and
for
that
the
Petitioner
may
not
have
other
place
then
his
Father
had
.
To
this
it
was
answered
and
resolved
,
that
th'
acceptance
of
a
new
Creation
by
the
said
William
,
may
not
hurt
the
Petitioner
,
because
the
said
William
was
at
that
time
disabled
,
and
in
truth
he
was
no
Baron
,
but
onely
an
Esquire
;
so
that
when
th'
old
and
new
dignity
discended
together
,
th'
old
shall
be
preferred
:
which
resolution
was
well
approved
by
all
the
Lords
Committees
,
which
was
accordingly
reported
to
all
the
Lords
of
the
Parliament
,
and
allowed
by
them
all
:
whereupon
it
was
ordered
by
the
Lords
,
that
the
Queen
should
be
acquainted
with
this
by
the
Lord
Keeper
,
which
was
done
accordingly
.
Whereupon
at
the
said
Parliament
,
the
Lord
Lawarre
in
his
Parliament
Robes
,
was
by
the
Lord
Zouch
supplying
the
place
of
the
Lord
Willoughby
,
within
age
at
that
time
;
And
the
Lord
Berkley
also
in
his
Robes
,
brought
into
the
house
,
and
placed
in
his
said
place
(
that
is
to
say
)
next
after
the
Lord
Berkley
,
Garter
King
at
Armes
attending
vpon
him
,
and
doing
his
Office
.
In
the
vpper
house
of
Parliament
doth
sit
the
Justices
vpon
sacks
of
Wooll
,
in
medir
Camere
;
who
are
called
thither
by
the
Kings
Writ
,
quod
personaliter
inter
sitis
nobiscum
ac
cum
ceteris
de
consilio
nostre
predict
is
negotiis
,
tractat
vestrumque
consilium
impensurum
:
And
this
negotia
be
Ardua
&
vrgentia
negotia
Regni
,
&c.
And
their
oath
amongst
other
things
is
,
that
they
shall
counsell
the
King
truely
in
his
businesse
,
but
they
haue
no
voyce
among
the
Lords
.
If
the
Reader
be
desirous
to
see
particular
cases
happening
in
Parliament
,
wherin
the
opinion
of
the
Iudges
there
had
beene
recreated
:
And
how
their
opinions
delivered
in
Parliament
ought
to
be
regarded
,
he
may
reade
at
large
in
Egertons
post●…
nati
.
fol.
16.
&
sequentum
.
If
a
Writ
of
Error
be
brought
in
Parliament
vpon
a
Iudgement
given
in
Kings
Bench
;
The
Lords
of
the
Higher
house
onely
,
without
the
Commons
are
to
examine
the
Errors
,
and
that
is
by
th'
advice
and
counsell
of
the
Iudges
,
who
are
to
informe
them
what
the
Law
is
,
and
so
to
direct
them
in
their
Iudgement
,
and
if
the
Iudgement
be
reversed
,
then
commandement
is
to
be
given
to
the
Lord
Chancellour
to
doe
execution
accordingly
.
And
so
was
done
in
the
7.
of
R.
2
,
in
a
Writ
brought
in
Parliament
by
the
Deane
and
Chapter
of
Litchfeild
,
against
the
Prior
and
Covent
of
Newport
Pannell
,
as
appeareth
by
the
Record
.
And
if
the
Iudgement
be
affirmed
,
then
the
Court
of
Kings
Bench
are
to
proceed
to
execution
of
the
Iudgement
,
as
appeareth
in
Howerdewes
case
,
1.
H.
7.
fo
.
19.
But
it
is
to
be
noted
,
that
in
all
such
Writs
of
Errors
,
the
Lords
are
to
proceed
according
to
the
Law
,
and
for
their
judgement
therein
,
they
are
informed
and
guided
by
the
Iudges
,
and
doe
not
follow
their
owne
opinions
,
or
discretions
.
See
Egertons
post●…
nati
fol.
23.
There
doth
also
sit
the
Secretaries
of
estate
,
who
are
to
answer
such
Letters
or
things
passed
in
the
Councell
whereof
they
have
the
keeping
;
And
with
them
the
Master
of
the
Roles
;
But
they
have
no
voice
in
Parliament
,
if
they
be
not
of
the
degree
of
a
Baron
.
Note
by
Kirby
,
Clerke
of
the
Roles
of
the
Pariliament
:
It
is
thus
in
the
Bookes
of
the
Law
,
the
33.
H.
6.
cap
.
17.
If
a
Bill
come
first
to
the
Commons
,
and
they
doe
passe
it
;
then
the
vse
is
to
indorse
it
in
this
forme
,
Soyt
Bayle
a
seigneures
:
And
then
if
the
Lords
nor
King
doe
not
alter
the
Bill
,
then
it
shall
be
inroled
by
the
Clerke
of
the
Parliament
:
and
if
the
Bill
passe
,
then
it
shall
be
Inroled
,
but
if
it
be
a
particular
Bill
,
then
it
shall
be
filed
vpon
filaces
,
and
that
shall
suffice
,
vnlesse
the
party
whom
it
particularly
concernes
will
sue
to
haue
it
Inroled
,
that
it
may
be
Inroled
to
be
sure
.
If
the
Lords
will
alter
a
Bill
,
sent
to
them
from
the
Commons
house
,
in
a
thing
that
may
stand
with
the
Bill
,
they
may
doe
so
without
remanding
to
the
Commons
.
And
if
the
Commons
doe
grant
domage
for
foure
yeares
,
and
the
Lords
will
grant
it
but
for
two
yeares
,
this
Bill
shall
not
be
delivered
againe
to
the
Commons
:
But
if
the
Commons
doe
grant
but
onely
,
for
two
yeares
,
and
the
Lords
doe
grant
it
for
foure
yeares
,
then
the
Bill
must
be
remanded
vp
to
the
Commons
,
and
in
that
case
the
Lords
must
make
a
Scedule
of
their
intent
,
or
else
indorsed
in
this
forme
,
Les
seigneures
se
assent
pur
durar
pur
quater
anne
:
And
when
the
Commons
have
the
Bill
againe
,
if
they
doe
not
assent
to
it
,
then
it
is
no
Act
or
Statute
;
and
if
the
Commons
doe
consent
,
then
they
doe
indorse
their
answer
vpon
the
Margent
within
the
Bill
in
a
certaine
forme
.
And
then
it
shall
be
delivered
vnto
the
Clerke
of
the
Parliament
,
vt
supra
.
If
the
Bill
be
first
delivered
to
the
Lords
,
and
the
Bill
doth
passe
them
,
they
vse
not
to
make
any
indorsement
,
but
to
send
the
Bill
to
the
Commons
,
and
if
it
●…
sse
them
also
,
it
is
vsed
to
be
thus
indorsed
,
Les
Com●…
ones
fout
assentant
,
&c.
And
therefore
if
Iohn
at
Stile
lie
attainted
of
Trespasse
by
Parliament
,
if
hee
doe
not
come
in
by
such
a
day
,
he
shall
forfeit
such
a
sum
.
And
the
Lords
doe
giue
a
longer
day
,
if
it
doe
not
come
to
the
Commons
againe
,
it
is
no
Act
or
Statute
,
because
it
was
not
remanded
againe
to
the
Commons
after
the
enlargement
of
the
day
given
by
the
Lords
.
Every
Bill
that
doth
passe
the
Parliament
in
both
Houses
,
shall
have
relation
to
the
first
day
of
the
Parliament
:
And
the
vse
is
,
not
to
make
mention
what
day
the
Bill
was
delivered
into
the
Parliament
:
If
no
day
be
specially
appointed
by
the
Statute
,
when
it
shall
Commence
:
As
if
one
Parliament
be
holden
by
divers
prorogations
,
Plowdens
Commentaries
fol.
79.
a.
6.
If
a
Parliament
doe
Commence
before
Penticost
,
and
hath
continuance
after
Penticost
,
and
the
Commons
doe
agree
to
a
Bill
after
Penticost
,
and
in
the
same
doe
give
day
till
Penticost
next
comming
;
and
the
Lords
doe
so
also
,
because
the
Bill
shall
have
no
relation
the
first
day
of
the
Parliament
.
Therefore
if
it
be
not
prevented
,
it
shall
be
taken
for
that
Penticost
that
is
past
at
that
Sessions
,
whereas
th●…
intent
of
the
Lords
and
Commons
was
,
that
it
should
be
a
future
Penticost
after
that
Penticost
mentioned
in
the
Bill
.
See
Brookes
Prerogatives
and
Parliaments
.
4.
The
Barons
in
the
vpper
house
of
Parliament
may
〈◇〉
some
cases
give
their
voyces
by
procuracie
,
not
so
〈◇〉
the
Commons
house
,
and
those
Procters
must
be
Barons
,
and
of
the
Higher
house
of
Parliament
.
But
in
the
Commons
house
of
Parliament
it
is
otherwise
,
for
the
Clarke
of
the
Parliament
take
the
notice
of
the
most
●…
ands
or
voyces
sounding
at
once
.
And
therefore
if
〈◇〉
their
assent
be
issuable
,
the
Clergie
may
say
Per
majorem-numerum
generalis
.
So
in
case
of
Election
of
Crowner
or
a
Knight
of
the
parliament
.
See
Plowdens
Commentaries
.
126
,
a.
All
the
priviledges
which
doe
belong
to
those
of
the
Commons
house
of
parliament
:
a
fortiori
doe
appertait
to
all
the
Lords
of
the
vpper
house
;
for
their
,
persons
are
not
onely
free
from
arrests
during
the
Parliament
,
but
during
their
liues
,
neuerthelesse
th'originall
cause
is
by
reason
they
haue
place
and
voyce
in
Parliament
:
And
this
is
manifest
by
expresse
authorities
grounded
vpon
excellent
reasons
in
the
Bookes
of
Law
.
And
if
a
Baron
,
Viscount
,
Earle
,
Marquesse
or
Duke
,
of
England
bring
any
action
reall
or
personall
,
and
the
defendant
pleadeth
in
abatement
of
the
Writ
,
That
h●…
is
no
Baron
,
Viscount
,
Earle
,
&c.
And
thereupon
the
demaundant
or
plaintiffe
pleadeth
in
abatement
of
the
Writ
,
and
taketh
issue
;
This
Issue
shall
not
be
tryed
by
a
Jury
,
but
by
the
Records
of
the
Parliaments
wh●…
ther
he
or
his
ancestors
,
whose
heire
he
is
,
were
called
to
serue
there
as
a
Peere
,
or
one
of
the
Nobility
of
the
Realme
,
See
sir
Edw
.
Cokes
6
part
.
53.
&
part
.
fol.
17.
a.
In
the
ancient
Britanes
and
Saxons
Kings
dayes
,
the
Archbisheps
and
Bishops
were
called
to
their
Parliaments
,
or
other
assemblies
of
State
;
which
was
do●…
not
so
much
in
respect
of
their
tenures
,
for
in
those
dayes
all
their
tenures
were
Francki
Almonage
,
but
especially
because
the
Lawes
and
Councels
of
Men
were
then
most
currant
and
commendable
,
and
had
a
morblessed
issue
and
successe
,
when
they
were
grounde
vpon
the
feare
of
God
,
the
root
and
beginning
of
wise
dome
.
And
therefore
our
wise
and
religious
Ancestor
called
thither
those
chiefe
and
principall
persons
〈◇〉
the
Clergie
,
who
by
their
place
and
possession
,
by
the●…
gravities
,
learning
and
Wisedome
might
best
advise
them
,
what
was
the
law
of
God
,
his
acceptable
will
and
pleasure
:
That
they
might
from
their
humane
Lawes
answerable
,
or
at
the
least
not
contrary
or
repugnant
thereunto
.
Neuerthelesse
shortly
after
the
Norman
Conquest
,
the
Conquerour
altered
the
tenure
of
the
Bishoprickes
,
not
without
some
complaint
and
griefe
of
the
Clergie
,
as
it
is
mentioned
in
Mathew
Paris
,
Anno
1070.
And
in
the
Constitutions
of
Clarendon
,
in
the
time
of
H.
2.
Anno
1164.
It
is
expressed
in
the
eleaventh
Article
.
Thereby
we
see
the
presence
of
the
Bishops
in
Parliament
,
in
respect
of
their
Baronies
,
quousque
Perueniatur
addimiaicionem
,
&c.
for
so
even
vnto
our
times
,
when
question
is
had
of
the
Attainder
of
any
Peere
,
or
other
in
Parliament
;
the
Archbishops
and
Bishops
depart
the
higher
house
,
and
doe
make
their
Proctors
;
for
by
the
decrees
of
the
Church
,
they
may
not
be
Judges
of
life
and
death
.
Ever
since
the
Conquest
the
Archbishops
and
Bishops
haue
no
title
to
have
place
and
voyce
in
Parliament
,
but
onely
in
respect
of
their
Temporall
Baronies
.
And
it
is
to
be
observed
,
that
although
of
latter
times
the
vse
and
manner
of
pening
of
Satutes
,
is
that
it
is
enacted
by
the
Lords
Spirituall
and
Temporall
,
and
the
Commons
in
the
same
assembled
:
yet
the
ancient
forme
was
not
so
,
which
you
may
see
exemplified
in
Sir
Edward
Cokes
8.
part
.
fo
.
19.
And
good
Acts
of
Parliaments
may
be
made
,
though
the
Archbishops
and
Bishops
would
not
consent
thereunto
:
for
a
Statute
was
made
Anno
1196.
by
the
King
,
the
Barons
,
and
the
Commons
(
Clero
excluso
:
)
And
this
was
at
a
Parliament
holden
at
Saint
Edmundsbury
,
in
the
raigne
of
E.
1.
as
it
is
reported
by
Iewell
Bishop
of
Salisbury
against
Harding
.
fo
.
620.
And
in
the
prouince
of
Mirton
,
in
the
time
of
H.
8.
1272
,
a
matter
was
moved
of
Bastardy
,
touching
the
legitimation
of
Bastards
,
borne
before
Marriage
;
where
it
is
said
,
That
the
Statute
did
passe
intirely
with
the
Lords
temporall
,
against
the
wils
of
the
Lords
spirituall
:
which
Statute
is
in
the
Bookes
in
the
20
yeare
of
H.
8.
3.
c
.
9.
And
in
the
11.
yeare
of
R.
2.
cap
.
3.
It
is
enacted
,
that
the
Appeales
,
Pursuits
,
Accusements
,
Processes
,
Iudgements
,
and
Executions
,
made
and
given
in
this
present
Parliament
,
be
approved
,
affirmed
and
established
;
as
a
thing
duely
made
for
the
weale
and
profit
of
the
King
our
Soveraigne
Lord
,
and
of
all
the
Realme
,
notwithstanding
that
the
Lords
Spirituall
and
their
procurators
did
absent
themselves
out
of
the
Parliament
,
the
time
of
the
said
Judgement
given
,
for
the
honesty
and
saluation
of
their
estates
,
as
it
is
contained
in
a
protestation
made
by
the
Lords
Spirituall
;
and
their
procurators
delivered
in
this
present
Parliament
.
See
Kelbaucyes
Booke
,
fo
.
184.
in
the
7.
H.
8.
The
Iustices
did
say
,
that
our
Soveraigne
Lord
the
King
may
well
hold
his
Parliament
by
him
and
his
Temporall
Lords
,
and
by
the
Commons
also
,
without
the
Spirituall
Lords
,
for
the
spirituall
Lords
have
not
any
place
in
the
Parliament
Chamber
,
by
reason
of
their
spiritualties
,
but
onely
by
reason
of
their
Temporall
possessions
.
The
Soveraigne
power
of
this
high
Court
of
Parliament
is
this
;
That
albeit
the
Kings
Majestie
hath
many
great
priviledges
and
prerogatives
,
yet
many
things
there
are
,
not
effectuall
in
Law
,
to
passe
vnder
the
great
Seale
by
the
Kings
Charter
without
Parliament
:
as
vpon
this
point
it
was
resolved
by
all
the
Judges
in
the
Princes
case
,
That
the
Dukedome
of
Cornewall
,
&c.
did
not
,
nor
could
passe
from
E.
3.
by
his
Charter
made
in
Parliament
;
That
his
Sonne
and
heire
apparant
,
and
to
his
heires
informe
,
as
it
was
intended
and
made
in
Anno
11.
of
his
raigne
.
But
of
necessity
it
was
,
and
so
was
done
by
authority
of
Parliament
:
which
Case
is
notable
and
worth
the
reading
.
See
Sir
Edw
.
Cokes
8.
part
.
fo
.
and
his
7
,
part
.
fo
.
7.
a.
The
King
by
his
Letters
Patents
may
make
a
devision
but
cannot
naturalise
him
to
all
purposes
,
as
an
Act
of
Parliament
may
doe
;
for
the
Kings
Charter
cannot
make
any
hereditable
,
in
this
case
,
that
by
the
common
Lawes
cannot
inherit
.
And
herewith
agreeth
the
36.
of
H.
8.
Denizon
Brooke
.
Bracton
in
the
beginning
of
his
second
Booke
,
saith
;
Nihil
aliud
potest
Rex
in
terris
cum
sit
dei
minister
&
vicarius
quam
quod
de
jure
potest
:
and
a
little
after
,
Itaque
Potestas
sua
est
Iuris
non
injuria
&
sicut
sit
author
Iuris
non
debet
inde
Injuriam
nasci
occasio
vnde
jura
nascuntur
.
And
it
appeareth
in
Fitzharberts
natura
Breuium
222
in
the
Writ
ad
quam
damnum
,
that
every
grant
of
the
King
or
gift
,
hath
his
condition
expressed
or
imployed
,
as
by
the
Law
annexed
to
it
;
Itaque
quod
per
adonationem
illam
patria
magis
solito
non
overetur
sui
grauetur
.
And
therefore
it
was
resolved
by
all
the
Iudges
4.
Iacobi
,
that
they
who
digge
for
salt-Peter
,
may
not
dig
within
the
Mansion
house
of
any
Subject
,
without
his
assent
,
for
the
manifest
inconveniences
that
thereby
may
grow
to
the
owner
of
the
house
.
See
Sir
Edward
Coke
11.
part
.
82.
Also
the
Commission
to
be
made
,
the
purveyers
for
Timber
,
for
the
Kings
.
vse
;
yet
they
cannot
by
that
authority
make
Timber
Trees
growing
vpon
any
mans
Freehold
:
for
that
is
prohibited
by
Magna
Carta
ca.
21.
nos
necballi●…
i
nostrinec
alij
capemus
boscum
alienum
ad
castra
vel
ad
alia
agenda
nostra
nisi
per
voluntatem
cuius
boscus
ille
fuerit
.
A
Commission
was
awarded
to
take
singing
Boyes
in
Cathedrall
Churches
,
or
in
other
places
where
such
are
instructed
for
the
furnishing
of
the
Kings
Chap.
pell
;
these
generall
words
by
construction
shall
haue
a
reasonable
vnderstanding
:
That
is
to
say
,
such
children
who
be
taught
to
sing
,
thereby
to
acquire
or
get
their
livings
,
such
may
be
taken
for
the
Kings
service
;
But
the
sonne
of
a
Gentleman
,
or
any
other
,
who
is
taught
to
sing
for
his
recreation
,
ornament
,
or
delight
,
may
not
be
taken
against
his
will
,
or
against
the
will
of
his
parents
,
or
friends
,
and
so
it
was
resolved
by
all
the
Iudges
,
and
whole
Court
of
Starre
Chamber
43.
Eliz
.
If
a
man
be
attainted
of
Felony
or
Treason
,
by
Verdict
,
Outlary
,
Confession
,
&c.
his
blood
is
corrupted
:
which
is
a
perpetuall
and
absolute
disability
for
him
or
his
posterity
,
to
claime
any
hereditament
in
Fee-simple
,
either
as
heire
to
him
or
any
Ancestor
Paramount
him
,
and
he
shall
not
be
restored
to
his
blood
without
Parliament
:
and
the
King
may
give
to
any
attainted
person
his
life
,
by
this
Charter
of
Parliament
.
See
Stamfords
pleas
195.
For
the
King
cannot
alter
the
CommonLaw
,
or
the
generall
customes
of
the
Realme
,
such
as
the
discent
of
Gauill
kinde
,
Borough
,
English
,
or
such
like
,
without
Parliament
.
See
Brooks
Prerogatiue
15.
&
11.
H.
4.
c
.
73.
And
it
is
set
downe
for
a
rule
;
That
if
a
King
haue
a
Kingdome
by
discent
there
,
seeing
by
the
Law
of
that
Kingdome
he
doth
inherit
that
Kingdome
,
he
cannot
change
those
lawes
of
himselfe
,
without
consent
of
Parliament
.
Fortesough
also
saith
in
his
9
,
c
.
fo
.
25.
6.
If
the
power
of
the
King
over
his
Subjects
were
Royall
onely
,
and
not
politicke
,
then
he
might
change
the
Lawes
of
the
Realme
,
and
charge
his
Subjects
with
Tallages
and
other
Burdens
,
without
their
consent
.
And
such
is
the
dominion
of
the
Civil
Law
purports
,
when
they
say
,
quod
priueipi
placuit
legis
hahet
vigorem
.
But
by
the
lawes
of
this
Kingdome
,
the
King
cannot
by
his
Proclamation
alter
the
Law
;
But
the
King
may
make
proclamation
that
he
shall
incurre
the
indignation
of
his
Majestie
,
that
withstanding
it
.
And
by
his
absolute
authority
,
the
King
may
commit
ony
one
to
prison
during
his
pleasure
,
see
Stamford
72.
But
the
penalty
of
not
obtaining
his
proclamation
,
may
not
be
vpon
paine
of
forfeiture
of
his
goods
,
his
Lands
,
or
his
life
without
Parliament
.
see
Cromptons
Courts
14.
a.
&
16.
6.
sed
omnes
non
capit
hoe
verbum
:
for
they
of
another
profession
in
Law
say
,
that
of
these
two
,
one
must
needes
be
true
,
that
either
the
King
is
above
the
Parliament
,
that
is
the
positive
law
of
the
Kingdome
;
or
else
,
that
he
is
an
absolute
King
,
Arest
.
leb
.
Plict
.
c
.
16.
And
therefore
though
it
be
a
mercifull
pollicie
,
and
also
a
polliticke
mercy
;
not
alterable
without
great
perill
,
and
to
make
Lawes
by
the
consent
of
the
whole
Realme
,
because
no
one
party
shall
have
cause
to
complaine
of
a
partialitie
,
yet
simply
to
bind
the
King
to
or
by
those
lawes
,
were
repugnant
to
the
nature
and
constitution
of
an
absolute
Monarchy
.
In
some
speciall
cases
there
sometimes
may
be
liking
of
Subjects
without
land
of
possession
,
as
in
the
government
which
Moses
had
over
the
children
of
Israel
;
in
the
Wildernesse
,
and
in
the
case
which
Sir
Iohn
Popham
,
the
late
Lord
chiefe
Iustice
,
did
put
in
the
Parliament
,
If
a
King
and
his
Subjects
be
driven
out
of
his
Kingdome
by
his
Enemies
,
yet
notwithstanding
he
continueth
still
King
over
his
subjects
,
and
they
still
are
bound
to
him
by
their
bonds
of
allegiance
,
wheresoever
they
be
:
But
he
cannot
be
a
King
without
Subjects
,
for
that
were
Imperium
inbellans
&
Rex
&
Subditae
sunt
relatiua
,
I
beleeve
Salomon
that
saith
,
per
me
reges
regnant
&
Principes
insta
dicerunt
,
and
I
make
no
doubt
,
but
as
God
ordained
Kings
,
and
hath
given
Lawes
to
Kings
themselves
,
so
he
hath
authorized
and
given
power
to
Kings
to
give
Lawes
to
their
Subjects
,
and
so
Kings
did
first
make
Lawes
,
and
then
ruled
by
their
Lawes
,
and
altered
and
changed
their
Lawes
from
time
to
time
as
they
saw
occasion
,
for
the
good
of
themselves
and
of
their
Subjects
.
By
the
Premisses
it
appeareth
,
that
Acts
of
Parliament
and
Statutes
are
made
in
this
high
Court
of
Parliament
by
the
King
,
with
the
consent
of
the
Commons
,
or
by
the
greater
part
of
them
,
for
so
saith
Littleton
in
the
15.
E.
4.
fo
.
2.
a.
In
the
Parliament
,
if
the
greater
part
of
the
Knights
of
the
shiere
doe
assent
to
the
making
of
an
Act
of
Parliament
,
and
the
lesser
part
will
not
agree
to
it
,
yet
this
is
a
good
Act
or
Statute
,
to
last
in
perpetum
:
and
that
the
law
of
Maior
pars
is
so
in
all
Counsels
,
Elections
,
&c.
both
by
the
rules
of
the
Common
law
and
the
Civill
,
and
Common
Law
also
.
In
this
Court
of
Parliament
,
they
doe
make
new
positive
Lawes
or
Statutes
,
and
sometimes
they
inlarge
some
of
them
,
as
vnto
them
seemeth
good
:
and
it
is
good
counsell
,
that
in
making
of
lawes
,
quod
eius
fieri
p●…
ssit
,
quam
plurima
legibus
difinientur
quam
pacissima
vera
ludicis
arbitrio
relinquantur
,
Yet
for
so
much
as
every
considerable
circumstance
cannot
be
fore-seene
at
the
time
of
the
making
of
the
law
,
for
,
rerum
progressus
ostendunt
multa
quo
in
mitio
Preeaueri
seu
proderi
not
possunt
.
Therefore
by
the
very
intent
of
the
makers
of
the
Statute
,
they
doe
many
times
leaue
to
be
supposed
by
the
discretion
of
th'executioner
of
the
Law
,
that
thing
which
was
not
conueniently
comprehended
before
hand
,
by
the
wisedome
of
the
Authors
of
the
fame
:
for
the
expounding
of
the
Lawes
doth
ordinarily
belong
to
the
reuerend
Judges
,
and
in
case
of
greatest
difficulty
of
importance
,
to
the
high
Court
of
Parliament
.
See
Plowdens
Commentaries
,
sol
.
363.
a.
364
,
&
365.
And
the
Judges
doe
say
,
that
they
may
not
make
any
interpretation
against
the
expresse
words
of
the
Statute
,
where
th●…
intent
of
the
makers
of
the
Law
doe
appeare
to
the
〈◇〉
,
and
where
no
inconuenience
by
the
Statute
shall
ensue
:
for
in
such
cases
A
verbis
legum
non
est
〈◇〉
.
But
to
exemplifie
all
the
severall
kinds
and
formes
of
penning
them
,
and
the
words
of
them
taken
and
construed
,
sometimes
by
execution
,
sometimes
by
restriction
,
sometimes
by
implication
,
sometimes
by
disiunction
,
sometimes
a
disiunctiue
for
a
copulatiue
,
somtimes
a
copulatiue
for
a
disiunctiue
,
the
present
tence
for
the
future
,
the
future
for
the
present
,
sometimes
by
equitie
out
of
the
reach
of
the
words
,
sometimes
taken
in
a
contrary
sence
,
sometimes
singularly
,
as
Continens
pro
content
,
and
such
like
,
will
aske
a
volume
by
itselfe
,
and
in
my
opinion
is
not
incident
to
this
discourse
of
the
Iurisdiction
of
high
Court
of
Parliament
.